Director of Public Works Naneil Newlon gave a report to council tonight, an update on tree concerns along Prairie Avenue. Three additional trees to those already taken out will also be lost. A fourth, the huge sycamore at the corner of Forest and Prairie on private property, will be severely trimmed back for newly located power lines.
That doesn’t begin to describe the problems the village has had this summer with construction companies following code, following safety and tree requirements, and generally following the rules.
The summer construction season of discontent begins on May 12, 2009, when PW Director Newlon, staff. and Village Forester Kirsten von der Heide seek changes to an August, 1996 amendment to the Municipal Code that improved upon requirements for public parkway tree protection. Those improvements directly result in dramatically increasing the survival of parkway trees in the path of construction projects. The Parkway Tree Protection ordinance is beefed up even more in August 2007, by requiring fencing around trees, instead of orange plastic, to be six-foot high chain link on all four side, with size requirements. This provides very good protection for parkway trees, but staff finds that “strict enforcement of the Code may not be necessary in some situations.”
Staff recommends three-sided tree fence protections for lighter projects, specifically:
Examples of public projects where tree protection would be warranted include watermain replacement with new roundway keystops and domestic service box installations, new or replacement storm sewers, and projects that widen roads which in turn decrease the parkway soil volume around public parkway trees. Public projects where this level of tree protection would not be warranted include pavement resurfacing, pavement patching, and watermain replacement within the pavement., like driveways and existing street resurfacing that three sided fencing will be fine.
At the same workshop council discusses Consent C awarding $626,000 to Swallow Construction, Downers Grove, IL, for the Rogers Street Water Main Replacement Project (CIP Project WA-031), and Consent D to award a $544,175 contract to Archon Construction Company Inc of Chicago, IL for the 59th Street Water Main Replacement Project (CIP Project WA-030). Both streets will then be resurfaced and parkway restoration work will be completed funded by the 2009 Roadway Resurfacing Project.
Council talks about the need for protections, the reasons why less protection may be acceptable, and seems favorable to proposed ordinance change. That discussion can be found here in the meeting minutes.
Rather than the clear delineation or warranted and unwarranted project types, the proposed ordinance, curiously, leaves it to the discretion of the Forester as to when three sides of fencing are allowable:
(b) In some circumstances, with the approval of the Village Forester, the required fencing need not be continuous, but may have three (3) sides with the opening facing away from the area where the activity for which the fence is required is occurring.
Both water main projects are approved at the May 18th regular Council meeting, but Active B has vanished, replaced with an Unclaimed Finds ordinance. The revised tree protections have vanished, and Section 24 of the Municipal Code remains unchanged. Regardless, all that follows features the lesser three sided fencing, of the type staff recommended not being used for water main replacement with new roundway keystops and domestic service box installations-the work being performed.
In June, residents including myself begin to report that Swallow Construction of Downers Grove, IL is not following parkway tree protections. Fencing is being applied to three sides only, and materials and water jugs are being stored inside the fencing. In some severe cases, pallets are piled up against trees, and heavy stones and supplies are dumped on the ground near tree trunks. The Portable is left under the shade of a parkway tree. Detour signage is left laying on private property.
Fences are all three sided, and most along the street where the water main is going in are down. The water main and stubs are the reason for the fences being moved during the day. Swallow Construction leaves them down.
Residents also report similar shoddy adherence to code in the 400 blocks of Wilson and Gierz. Water main replacement has caused work in the parkway of almost every house and much of the protective tree fencing is down on two of the four sides.
Public Works goes out, inspects the sites, requests the fences be put back up and materials and portajohns be moved.
On August 9th, 59th Street undergoes the same dismantling of parkway tree protections. Eight trees are left unprotected.
A week later, the same violations remain unfixed.
In an email to staff I suggest this and documented laxness at Rogers Street should be of some concern, as contractors seem to be
treating the parkway tree protections ordinance as optional.
The next week another wrinkle is added to the mix, six foot deep holes with piping criss-crossing a foot off the bottom, left open so people can fall in and sue the village for negligence. Similar holes in the street are covered with heavy metal plating.
Luckily, no child falls into one of the several holes that cross the sidewalks.
Archon Construction fills the holes back in when they are done.
On August 16 residents show pictures to staff regarding trees that have had their root structure simply ripped open. Best practices that the village goes over with prospective contractors includes the need to use a sharp
saw to cut the root structure cleanly, enhancing the trees ability to survive the root trauma. Prairie Street is mainly an IDOT funded project that has been delayed. It’s from before the required use of metal fences, and there is no root cutting. Instead, the ground and the root structure are clawed away.
The morning of September 1, almost two months after reported tree protection problems began, residents noticed the village arborist talking to ComEd personnel and walk over to ask her what was being done to protect the trees on Prairie between Main and Forest during the construction to widen the intersection. According to one resident:
Her response was to make a sad face after which she proceeded to explain the following.
Of the three trees on the north side of the street, the middle tree has been too damaged by the road work to be saved. The arborist has spoken to the homeowners to advise them that the middle tree will be removed.
When I questioned the status of the mature maples on the north side of Prairie, I was told that, unfortunately, those trees could not be saved and will be removed in two weeks. The arborist explained that this was not in the original plan but, unfortunately, these trees will interfere with the new ComEd posts and wiring and so much of the trees need to be removed that they would become unstable. Therefore, two additional mature trees that were not included in the original plan, will be sacrificed for the widening of the Prairie and Main intersection.
I mentioned to the arborist that we, as residents, were extremely unhappy about the transformation in a residential neighborhood from a gracious, tree-lined street to a sterile commercial intersection. This change is completely transforming the character of our community and the neighbors are unhappy about it. Ours is a tight-knit community of families who value a safe, beautiful and peaceful place to live. Many of our neighbors are gardeners who particularly value the beauty and benefits of stately, mature trees.
The arborist was very sympathetic but, of course, her hands are tied. This situation is very distressing and another sign of the village’s lack of interest in the concerns of the residents. I thought in important to share this update with you.
That same night at the village council meeting, several residents speak to the frustrations, including one living on the corner of Forest and Prairie that has been flatly told her large sycamore, located on private property and long a land mark and haven for tree climbing neighborhood kids, will be severely shorn because power lines, now relocated further back due to a wider street, need clearance from the tree.
The clearly state village goal of shady parkways with trees arching over streets plays no part in the last two months of parkway tree abuse.
Charlie Smart, who lives right there at Prairie and Main:
I had a visit this morning from Com Ed about accessing our yard for tree trimming due to moving poles to accomodate the work on Prairie, which is fine, in passing, he mentioned trimming the two large Maples on the south side of Prairie immediately west of Main Street. His position is that they will probably just take down the trees altogether, along with a couple more trees on the north side of Prairie. His logic was that they are on the parkway, and belong to the Village, so it is no big deal. Let me repeat. ”The trees on the parkway belong to the Village, so cutting them down is no big deal.”
I and others documented and forwarded parkway tree protection abuses along Rogers, 59th, and Prairie since early July.
Staff will follow up as to the trees in question and will continue to monitor the project to make certain compliance with all applicable construction and other related rules.
But while the village staff and public works have responded to the information and photographic evidence presented, the contractors have not stopped abusing our parkway trees.
This last occurrence along Prairie is very unfortunate in that after this had specifically been brought to the village’s attention on August 17, the village two weeks later decides it’s a lost cause. This tree will take 60+ years to replace; longer probably.
There’s no reason this was not a known factor at the beginning of the project rather than an unpleasant surprise near the end. This was a breakdown in project supervision. There was, is, no effort to top the utility poles with a header that would have placed the wires roughly where they existed before, sparing those trees.
Work is now beginning around the Eastern Cottonwood on Rogers, the largest tree in our Village, and potentially in all of Chicagoland. The protections being employed are minimal. I had asked Public works to consider carefully constructing a curb bump out to provide future protection for this tree, but now I have my sincere doubts if it will survive the street project. If it does not, it will take years to become apparent it was killed.
What steps are being taken to make certain this tree survives? The normal steps? I’ve been documenting this summer that the normal steps are not working.
The lower the bar is allowed to go, the less heed contractors will pay.








It’s one thing to lose trees (or limbs) to progress, another to lose them to negligence. It would be nice if contractors, ComEd and others would respect and protect mature trees as a valuable resource. But in cases where they can’t or won’t, the village has to be vigilant and demand a higher level of compliance — and swiftly assess fines if it’s not forthcoming.
A number of these offenses are occuring in high traffic areas and very near Village Hall …… I understand that sites can be complex to manage but we need the village to insist that contractors take responsibility for thier workers – through fines, etc. It’s obvious that individual workers are either not aware of this and other ordinances or the tone set by thier employer is one disregard in general.
Especially when many of the contractors come trough brokers where there is money involved for basic services including time at the site, milestones reached on each project etc. I have had issue’s with all the large dump trucks clanging down my street at 6:15 in the morning headed to McCullum to be the first in line to get a load of dirt from the excavation going on there. Those guy’s get paid by the load. I complained to the PW office and they fired a few of the drivers and brokers because of repeated violation of starting before 7 a.m.
There is an old Silver Oak tree the straddles the property line between our yard and our neighbors. It’s trunk is twisted at an odd angle and it hangs precariously over our yard. In the Spring it fills the yard with those annoying helicopter pods, in the summer ‘Sparkles’ the raccoon emerges with his brood and raids the local garbage cans. Every time the wind whips up it sways like Dean Martin performing at The Sands after 4 Manhattans and a shot of Grand Marnier.
Any chance I can get some road work done near my yard? I’m just 1 good jolt away from an insurance claim and that 2 1/2 car garage I’ve been wanting..
Does your driveway need a turn lane, Meat?
Meat, I think you mean Silver Maple and yes, many of the big gangly ones are ripe for cutting down as they are weak tree and will start to break apart.
Great Pictures, Mark:
Your pictures BEG the Question, where are our Code
Enforcement Officers and the People from the Arborist’s
office.
The other question to ask is, What is the Person from the
Village doing who is supervising these construction projects, and why are they ignorant of the Village Codes?
I observed the Gas co contractor installing new underground mains on the east side of Washington St. just south of Prairie damaging the roots of several mature trees. Normally they are able to drive the pipe underground for considerable distances ocassiaonally making an excavation to push the pipe. Usually they are able to push the pipe under or through the roots with out seemingly damaging the trees. In this instance they made a large excavation where they ripped out the roots. These trees appear to be hardy so they might recover, I can’t see why the forester is so quit to cut down an injured tree. Can’t they wait an see if it dies first?
In the Washington Park work 3 mature trees partially on private property were singled out to the Village Council brcause of close excavtion that tore out but did not cut the roots. The excavation has remained unfilled for over a month with jagged untrimmed roots still being exposed luckily the oak tree has the fewest. At the the Sept 1 Council meeting the Mayor expressed a great concern for protecting trees. I hope that staff takes more positive action on this matter.
Frank
Bury the power lines already – a complete eyesore