page 6
daily nebraskan
monday, October 9, 1978
Some Tomlinson Woods9 trees beginning to get the ax
By Barb Richardson
Cutting and transplanting of trees on
the Tomlinson Woods property began last
Wednesday, according to a spokesman for
Creative Land Consultants development
firm, owner of the property.
Tomlinson Woods, 114th and Pacific
Streets, is 34 and one-half acres of about
100 varieties of mature trees.
Controversy over the land has occurred
since a citizen's arboretum group offered
to buy the land from the developer. Crea
tive Land Consultants gave the group until
September 15 to raise $1.7 million to pur
chase the land.
The group failed to collect the money,
but was able to convince the United States
Fish and Wildlife Service to consider
buying the land.
The Omaha City Council delayed rezon
ing of Tomlinson Woods until November 7
to give the federal government time to
make a commitment. The developer,
without the rezoning decision, has already
begun work on the land.
Thirty trees destroyed
John Schmidt of Creative Land Con
sultants, said that 30 trees had been des
troyed as of last Friday.
"The trees we permanently remove are
already dead. If a tree shows signs of life
we relocate it to a different spot on the
property."
If the Omaha City Council approves
rezoning, Creative Land Consultants have
taken a measure to conserve the trees on
the property, according to Schmidt.
"After people buy lots on Tomlinson
Woods, they must put up a $5,000 bond
to insure security of the trees. If the new
owners of the lot remove a tree without
consulting our firm, they forfeit their
bond," Schmidt said.
"The property owners, Creative Land
Consultants, are within their legal rights to
cut down the trees," Omaha City Council
President Steve Rosenblatt said.
Schmidt said, "the Omaha City Planning
Department approved the removal and
relocation of the trees. Legally, we could
chop down every tree on the property."
Schmidt added that Creative Land
Consultants need the council's rezoning
approval to pave or build houses on the
property.
Legality questioned
Attorney Steve Riekes, a spokesman for
the arboretum group, said the legality of
the developers' actions is questionable.
"It appears that the developers want to
destroy the land so the federal government
won't be interested in purchasing it,"
Riekes said.
"We (the arboretum group) thought the
developers would be more prudent and
honorable. Prudent because the developers
will receive the same amount of money
whether the government buys the land or
if they sell lots to build homes on.
Honorable because they gave their word
to the council that they would wait for the
rezoning vote before beginning work on
the land."
"We, the arboretum group, are still
trying to save the land," Riekes added.
Rep. John Cavanaugh, D.-Neb., who
recommended Tomlinson Woods to the
United States Fish and Wildlife Service
for purchase, is disturbed by the property
owners' actions.
"While John respects the rights of the
property owners, he is distressed that the
property owners did not have respect for
the community's interests, a Cavanaugh
spokesman said.
He added that Cavanaugh received a
positive letter last Friday, concerning the
federal purchase of Tomlinson Woods from
Lynn A. Greenwalt, director of the United
States Fish and Wildlife Service.
"Although trees are being removed from
romlinson Woods, John will continue to
seek funds to preserve the land," the
spokesman said.
No zoning change
Rosenblatt said that rezoning of the
jroperty will not be approved by the coun-
cil. He added that the removal of the trees
will have no impact on the council's deci
sion because most of the members have
already made up their minds on the issue.
"I think that the developers are starting
work on the land to get the council
members upset," Rosenblatt said. The
developers want to get the members upset
so they will vote against rezoning now
instead of on November 7.
He said after the Council votes rezoning
down, the developer will take the decision
to court, he said.
"If this is his plan, it's working because
some councilmembers want to vote on
rezoning now," Rosenblatt said.
"They're falling right into a trap, and
they don't realize it."
"It would be advantageous to vote on
November 7. If the vote is delayed, the
United States Fish and Wildlife Service
will be able to make a commitment and the
council will be able to tell what the
developer's plans are." Rosenblatt said.
UNL student charged
A 19-year-old UNL student has been
charged with trespassing following
several incidents in a women's locker
room at Mabel Lee Hall, police said.
Hung the Dinh, 927 Harper Hall,
was arrested after being chased by a
female University Police officer who
inside the locker room
was
waiting
when Dinh allegedly entered.
Police said she and another officer
outside chased Dinh to Henzlik Hall
where he was arrested.
Police said they have received two
reports over the past few weeks of a
fully-clothed man standing in the locker
room at night.
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