Creve Coeur hears strong resident opposition as council advances Fernview sidewalk plan and considers eminent domain

Creve Coeur city staff outlined a federally funded plan to install new sidewalks along Fernview Drive and warned that, if property owners do not grant temporary construction easements by next spring, the city may have to use eminent domain to meet grant deadlines.

Kevin Mulligan, civil engineer with the Public Works Department, told the council the project would add concrete sidewalks on the east side of Fernview from Olive Boulevard to Gallagher Road and connect several side streets. He said the city has been awarded a Transportation Alternatives Program grant that will cover 80% of construction costs up to $700,000 and that 31 properties will need temporary construction easements for grading and driveway work. "We don't want to use eminent domain, but we just have to prepare for that possibility," Mulligan said.

Why it matters: The grant has strict acquisition deadlines in the right-of-way phase; staff said failure to secure required easements in time could force the city to forfeit the grant. Proponents say the project fills a missing link in the sidewalk network and improves pedestrian access to destinations such as Olive Boulevard and Millennium Park. Opponents cited potential loss of mature trees, driveway disruption, and uncertainty about who will be responsible for future repairs.

Residents pressed staff on notification and property impacts. Paul Luno said many neighbors did not receive mailed notices and asked the city to use certified mail or in-person contact for affected properties. "There's at least nine of us that did not get anything by US mail," Luno said, asking the council to provide clearer evidence of prior outreach. Other speakers raised concerns that construction easements appeared to take part of driveways and that tree removal could raise summer cooling costs.

Jim Hines, interim director of public works, said staff had held two public meetings earlier in the project and altered plans after hearing residents' input. He confirmed the project is the first of three phases intended to create a continuous network and said staff priced both sides of the street before choosing the east side as more cost-effective. "Eminent domain is an element of the grant regulations," Hines told the council, adding that grant rules require the city to be prepared to use legal avenues if negotiations fail.

Council members and staff clarified technical points during questioning: Hines said nine trees have been identified for removal on plan sheets, the most recent traffic count showed about 2,100 vehicles per day, and sidewalks would be constructed in the city's right-of-way. On liability, staff said sidewalks would be on city property and they did not expect direct changes to homeowners' insurance rates.

Next steps: Staff indicated the ordinance authorizing the taking of temporary construction easements would be brought forward for further consideration at the September meeting and that, because the rates and easement needs depend on board-of-equalization outcomes and grant timelines, some details could change. Several residents asked the council to delay taking any steps until the city provides certified notice and a plain-language explanation of temporary easements, and staff committed to providing more detailed plans and tree-location information to affected homeowners.