Lancaster County
Board of Commissioners
Board of Commissioners
AGENDA Lancaster County Board Of Commissioners Commissioners Chambers, Room 112 First Floor, County-City Building Tuesday, December 15, 1998 8 a.m. 1) NEW BUSINESS: Identification of a corridor for further study to determine its feasibility for designation as a single preferred corridor for the East and South beltways. 2) ADJOURNMENT:
MINUTES Joint Meeting Lincoln City Council And Lancaster County Board Of Commissioners County-City Building City Council/county Commissioners Hearing Room Tuesday, December 15, 1998 8 a.m. County Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Bernie Heier (NOTE: Present but not participating because of a declared conflict of interest) County Commissioners Absent: Steve Svoboda City Council Members Present: Curt Donaldson, Chair Linda Wilson Jeff Fortenberry Cindy Johnson Coleen Seng Jerry Shoecraft Ross Hecht Curt Donaldson, City Council Chair, convened the meeting of the City Council. Linda Steinman, County Board Chair, convened the meeting of the County Board. AGENDA ITEM 1 IDENTIFICATION OF A CORRIDOR FOR FURTHER STUDY TO DETERMINE ITS FEASIBILITY FOR DESIGNATION AS A SINGLE PREFERRED CORRIDOR FOR THE EAST AND SOUTH BELTWAYS Jim Linderholm, HWS Consulting Group Inc., appeared and indicated that an updated version of Table 10-1, Remaining Finalist Alternatives, Measured Values, December 7, 1998 (Exhibit A) and copies of a letter from the State Historic Preservation Office, agreeing to the addition of significant archeological properties in the decision matrix, had been provided to members of the City Council and County Board prior to the meeting (Exhibit B). NOTE: A memo from Eleanor Francke, citizen, was also provided to members of the two bodies prior to the meeting (Exhibit C). Linderholm indicated that additional testing of several sites will be required if either the EM-1 (East Middle-1) or EF-1 (East Far-1) corridors are selected. He estimated this cost at less than $5,000. Linderholm noted that the testing will create significant ground disturbance and access agreements with property owners will be necessary. Linderholm also indicated that a comprehensive agreement with the State Historic Preservation Office will be necessary for any of the corridors selected to determine archeological impacts and associative costs for mitigating those impacts. Tasks 4 and 5, if approved, will involve working with the various landowners, renters and interested parties in eliminating and mitigating impact to property in the corridor. He noted that a progress report on these efforts will be provided to the City Council and County Board in June of 1999. Cindy Johnson, City Council, inquired about what would transpire should the City Council and County Board object to the findings in that report. Linderholm indicated that the Beltway Studies Team would then examine whether sufficient alternatives within the selected route had been presented to the City Council and County Board. Those bodies could then elect to request study of additional alternatives along that particular corridor, or if fatal flaws are apparent, another potential corridor could be looked at. Kathy Campbell, County Board, noted that the members of the City Council and County Board had received correspondence that morning from the National Trust for Historic Preservation, opposing selection of the EF-1 (East Far-1) beltway alignment (Exhibit D). She asked Linderholm whether the Beltway Studies Team will recommend that a second corridor preference be looked at, if impacts can not be mitigated within a selected corridor. Linderholm indicated that the Beltway Studies Team will be pro-active in seeking engineering solutions that preserve resources. He noted that impact, rather than taking of properties, is the key issue. Campbell requested that the elected bodies be apprised immediately of any fatal flaws discovered in the beltway alignment. Linderholm agreed, noting that updates will also be provided on cost estimates and detailed maps of the area. Linda Steinman, County Board Chair, asked whether identified growth areas, rather than the build-out scenario, can be used in determining what traffic counts may be on the beltway alignments. Linderholm stated that current information will be reviewed, noting that future patterns of growth and development have been an unknown factor in the study, particularly in the Stevens Creek area. Larry Hudkins, County Board, asked whether a quarter mile route could be located within the EM-1 (East Middle-1) corridor that would not impact historical designations. Linderholm indicated this should be achievable if the route is moved slightly outside the corridor. One significant archeological site is located along this corridor and another site has been identified for further testing. If this site also proves to be archeologically significant, the route may need to be moved east of the power line. In response to a question from Hudkins, Linderholm stated that the greatest impact posed by the alternate curvature route in the EF-1 (East Far-1) alignment would be the dissection of agricultural operations. Measures would also be taken to insure that Waverly's water system would not be impacted. Linderholm noted that the agreement between the City of Lincoln and the State Historic Preservation Office will require that construction cease, if archeological materials are discovered. In response to a question from Ross Hecht, City Council, Linderholm stated that every attempt will be made to stay within the quarter mile corridor. If the route were to be moved outside that corridor, additional field archeological surveys would be necessary. He reiterated that if problems of this sort were encountered, a report would be made to the two elected bodies. Jerry Shoecraft, City Council, inquired whether federal funding of the project could be jeopardized if a corridor with historic designation is selected. Ed Kosola, Federal Highway Administration, appeared and explained that the Historic Preservation Act of 1966 and Section 4-F of the Department of Transportation Act, require the Federal Highway Administration to consider historic properties when selecting highway alignments. He indicated that the ability to receive federal funds would not be impeded by selection of a route that has historic designations, although reasonable and prudent alternatives would need to be explored before taking a historic property. In response to a question from Shoecraft, Kosola stated that Section 106 of the National Historic Preservation Act requires that consideration be given to the impact on historic properties, although it would not specifically prohibit the location of a corridor through a historic property. He indicated that, if a historic property was impacted, the Federal Highway Administration would consult with the State Historic Preservation Office and the Federal Advisory Council to seek ways to avoid, minimize or mitigate the effects on the historic resource. Shoecraft remarked that a decision on a preferred corridor should be based not just on the best route, but on the existence of other feasible and prudent alternatives. Kosola agreed. In response to a question from Linda Steinman, County Board, Linderholm stated that all of the corridors have significant cultural resources. He noted there is an important difference between the taking of property and impacting property. Linderholm stated that it does not appear necessary to take any properties and that every effort will be made to work with various interest groups to minimize impact. The only unknown variable would be if a potential impact is located during the construction phase. Linderholm indicated that federal, state, and local agencies will be allowed input with regards to the Record of Decision, which will be filed by the Federal Highway Administration sometime in the future. The Federal Highway Administration will need to be satisfied that all efforts were made to comply Section 106 of the National Historic Preservation Act, as well as other applicable federal regulations. Shoecraft asked whether one of the three proposed corridors had been determined to be more destructive than the others in terms of cultural and historical aspects. Linderholm indicated that a determination of that type could not be made at this time, as both numbers and quality issues need to be factored. Although in terms of numbers, more potential historical resources exist along the EF-1 (East Far-1) route, how those resources are addressed could minimize impact. He stated that, theoretically, there could be greater historic impact on a route that has fewer identified cultural facilities. Linderholm noted that the State Historic Preservation Office will play a key role in making decisions with regard to protection of those properties and will need to sign-off on the final alignment. In response to a question from Jeff Fortenberry, City Council, Linderholm stated that the Natural Resources District (NRD) has participated in the Technical Advisory Committee and will serve as a primary review agency for impact to natural resources. He noted that NRD interests include the following: * Wetlands * Well-head protection * How and where trails, in which the NRD has an investment, are crossed * Flood control structures * Drainage facilities developed as part of the alignment * Water systems Fortenberry asked whether the NRD had conducted a thorough analysis to see how the various alignments would impact their efforts at preservation and flood control. Linderholm indicated that discussions of that type have not been held with the NRD. He noted that there is potential for dove-tailing of flood control structures with the final alignment. Larry Hudkins, County Board, inquired about Highway 2 access with regards to the EF-1 (East Far-1) corridor. Linderholm displayed an overhead map of the beltway corridors, pointing out connection options. He noted there could be potential impact to houses on the south side of Highway 2, between 120th and 141st Street, if the EF-1 (East Far-1) corridor is selected. He indicated that the issue of where an interchange would be located on the east side still needs to be resolved, through continued discussions with the Nebraska Department of Roads. Hudkins noted concern that diagonal routes will increase footage and costs. MOTION: Seng moved and Wilson seconded to direct the Beltway Studies Team to proceed with south and east beltway studies on SM-4 (South Middle-4) and EF-1 (East Far-1), plus Route 17 to connect them, and to move forward into Task 4 and 5, with a report back to the City Council and County Board by mid June, 1999. On call Wilson, Donaldson, Fortenberry, Johnson and Seng voted aye. Hecht and Shoecraft dissented. Motion carried five to two. MOTION: Campbell moved and Steinman seconded to concur with the City Council motion. Campbell noted for the record that Bernie Heier, County Commissioner, was in attendance, but had declared a conflict of interest and would refrain from participating in discussions or action in this matter. ON CALL: Campbell and Steinman voted aye. Hudkins dissented. Motion carried two to one. 2 ADJOURNMENT MOTION: Hudkins moved and Campbell seconded to adjourn the meeting of the County Board. On call Hudkins, Campbell and Steinman voted aye. Motion carried. MOTION: Wilson moved and Seng seconded to adjourn the meeting of the City Council. On call Wilson, Donaldson, Fortenberry, Hecht, Johnson, Seng and Shoecraft voted aye. Motion carried. ______________________ Kandra Hahn Lancaster County Clerk