COEUR d'ALENE - The Coeur d'Alene City Council upheld its Planning Commission's December decision to participate in the public/private partnership to convert Front Avenue between Second and Third streets into a pedestrian corridor.

The council voted unanimously Tuesday night to deny a citizen's appeal of The Coeur d'Alene Resort's Planned Unit Development changes that would - among other things - slightly alter the route of the Centennial Trail, remove a small circular parking lot near the clock tower, and eliminate more than dozen red maple trees along Sherman Avenue, Second Street and Front Avenue.

The city's planning commission held a hearing on the proposal in December and voted to approve The Resort's plans for the project, which includes paying more than $1 million for improvements to the pedestrian corridor project.

Following that approval, Coeur d'Alene resident Sid Smith hired attorney Scott Reed to appeal the decision to the city council, claiming the trees slated for removal were on city-owned property and therefore could not be included in The Resort's PUD proposal.

He asserted that PUDs are for projects on private property, not city owned property.

"There is absolutely no question that all the trees we are seeking to preserve are on city property," Reed said, explaining The Resort's own plans point that out. "It indicates city ownership entirely for every tree we are talking about - on Sherman Avenue, on Second Avenue and on Front Avenue."

He asked the council to consider the amount of money the city is spending on trees in the McEuen Park, and then asked how they can justify cutting down between 15 and 20 trees on its own property.

"They may be middle-aged, but they are a long way from being in great decline," he said. "If the trees are preserved, there will be an additional cost to relocating the trails.

"Tree removal itself is costly," he added. "But either cost is insignificant compared to the total overall $1 million that Mr. (John) Barlow indicated that the Hagadone Resort was generously contributing to this entire project."

Reed said his client was only contesting the removal of the trees and was not legally contesting the rest of the project. He asked the council to approve the project, but not before adding a condition that would require The Resort to preserve the trees.

Both Deputy City Attorney Warren Wilson and Janet Robnett, who was representing The Resort, told the council that the tree removal was allowed by city ordinance to be included as a condition of the PUD even if it is on city owned property.

Katie Kosanke, urban forestry coordinator for the city, also testified that the city's Urban Forestry Committee approved the removal of the trees in August of 2013, but added the committee has been talking about removing the trees for more than 14 years.

John Barlow, who is managing the project for Hagadone Hospitality, which owns The Resort and The Press, testified that removal of the trees was critical to the success of the project.

"The views of the lake are the most important part of the project," he said. "Those views are really critical to the development the way we see it, it is critical to our funding.

"I don't want to place it as a lever or a threat, but it is in fact part of why we designed it jointly with the team, because it was the best use of that land."

Councilman Ron Edinger made it clear he preferred the trees be preserved. But, he asked Barlow if the Hagadone Corporation's participation in the project was contingent upon the removal of the trees.

"Yes, sir," Barlow responded.

"Mr. Barlow you said that if we split off the trees, it would kill the PUD?" Councilman Dan Gookin asked.

"Those were my instructions," Barlow said.

"Does that also include the work that the Hagadone Corporation was going to do on Front?" Gookin asked.

"It's the whole thing," Barlow said.

Smith, the citizen who appealed the PUD to the council, testified that he felt the council should preserve the trees anyway.

"I would like to say that is a pretty hard line to take. It's either my way or the highway on the trees," Smith said. "If the whole thing unravels, I am good with that.

"If it falls apart, so be it."

After considerable discussion the council voted unanimously to pass The Resort's PUD amendment, and allow the trees to be removed.