Bernard Street appeal rejected

An appeal by residents living along South Bernard Street seeking to save 23 mature street trees was denied on Wednesday, clearing the way for Spokane City Council approval of a contract to rebuild Bernard from 14th to 29th avenues.

A special City Council meeting has been scheduled for this afternoon to consider a proposed $1.8 million reconstruction contract with Eller Corp., of Newman Lake. A separate tree removal contract is also being sought by the city.

Council members on Monday delayed a vote on the reconstruction contract to give the city’s five-member Urban Forestry Tree Committee time to reach a decision.

“That’s unbelievable,” said Sunni Mace, a Bernard-area resident who supported the appeal.

She said the city is violating its own comprehensive plan that places a priority on street trees, and that the city is brushing aside the wishes of a neighborhood that wants to maintain a tree-lined canopy for its physical beauty, summertime shade, and noise dampening and air-cleansing properties.

“There should be some preservation of this neighborhood considered,” she said. “I don’t know who’s running the city, but they aren’t listening to the people who pay the bills.”

Mace said her group is planning an appeal to Superior Court.

An assistant city attorney on Monday told council members that city staff is already expecting a lawsuit over the trees.

The fight dates to a decision earlier this year to cut down the 23 trees as part of the reconstruction, financed under a 2004 voter-approved street bond.

The trees were planted years ago in narrow strips, and their anchor roots have lifted curbs and sidewalks and extended beneath the street pavement. Because plans call for rebuilding the road bed to a depth of several inches, city officials said the anchor roots would be cut, creating a threat of toppling.

After residents objected to the tree removal, Mayor Dennis Hession re-evaluated the plan and agreed that as many as six of the healthiest trees would be dug out by hand so they could be saved.

Residents countered by saying that Bernard Street could be narrowed to make more room for trees, and to create a more neighborhood-friendly thoroughfare.

To ease the impact of the anticipated logging, the city now proposes planting 24 replacement trees in neighboring properties and to repair sidewalk and curb damage that typically is the responsibility of adjacent property owners. New trees will also be planted at the fire station on Bernard. In addition, striping plans are expected to enhance public safety, according to city spokeswoman Marlene Feist.

City engineers on Monday said they are now on a tight deadline for getting the work done during summer school vacation. They plan to close Bernard starting June 19 for the nine-week project to be completed in time for the start of next school year in September. Two elementary schools are located along the stretch of Bernard to be rebuilt.

Tom Arnold, director of engineering services, said the cost of the project would increase if the city is forced to pay for safety guards for children returning to classes.

The ruling by the tree committee upheld an earlier decision by Parks and Recreation Director Mike Stone to allow tree removal on Bernard. The committee found that the director’s decision was consistent with the city’s municipal code, arbor specifications manual and vegetation management plan, according to a prepared statement by Feist.