It was a banner day for Ald. Walter Burnett Jr. (27) at the Committee on Housing and Real Estate yesterday, as his colleagues unanimously approved the sale of 11 city-owned acres for a massive redevelopment for the Chicago Blackhawks and Rush University Medical Center. The redevelopment of the former site of the City Colleges’ Malcolm X campus was announced by the Mayor’s office in July.

“This is an ideal situation for everyone that’s involved. I think this is great that the city is making money off both of these properties but we’re also getting things that will benefit the public,” Burnett said.  

Attendance: Chairman Joe Moore (49), Gregory Mitchell (7), Raymond Lopez (15), David Moore (17), Michael Scott Jr. (24), Walter Burnett Jr. (27), Chris Taliaferro (29), Ariel Reboyras (30)

The Rush portion of the 11-acre site will sell for $17.5 million, of which $1.8 million will pay for education, scholarships, research, and health and wellness programs for the community. The negotiated sale price for the Blackhawks portion is $8.7 million. $3 million will be spent on community hockey training programs, fitness and nutritional programs and group events.

Officials with the Department of Planning and Development said the arrangement benefitted the city, too. DPD’s Chris Jang said the Malcolm X building, which was built in 1969, was deemed too expensive to mothball or rehab by the Public Building Commission and Fleet and Facilities Management. Malcolm X students moved to a brand new building north of the site in January. It would have cost $1.2 million to mothball and $500,000 to maintain annually.

The city will pay for demolition and environmental remediation, a $10 million appropriation approved in December. At the time, Mary Benome with DPD testified the demolition cost was factored into the sale price.

Burnett said he hoped Malcolm X students would be able to stay in the dormitory building planned for the site.  

The committee approved all other items, including easements for Sinai Hospital and a few ANLAP and negotiated sales, and heard the Department of Planning and Development’s quarterly report on the five year housing plan.

Some quick facts from DPD’s presentation:

• Through the last quarter of 2015, the city surpassed its planned spending goals for housing (133%, or $254 million) and its new units goal (103% or 1,312). But it fell short about 17% for of ownership investment goals (82% or $33 million) and improvement/preservation investments (84% or $14.5 million).

• Four new affordable housing projects were put in motion in 2015: Clybourn and Division Apartments, near the old site of Cabrini Green; Fannie Emanuel Apartments, the renovation of an old senior building in West Garfield Park; Midway Pointe Senior Residences, a $64 million development for independent seniors in Garfield Ridge; and Nelson Mandela Apartments, a Bickerdike Redevelopment project on scattered sites in Humboldt Park. The total development cost for all four is about $150 million, paid in part from from TIFs, the Low Income Housing Trust Fund, loans from DPD, and bonding authority.

• Lawrence Grisham, Managing Deputy Commissioner in Housing Bureau at DPD who normally presents the quarterly report, told aldermen this would be his last presentation before the committee, saying he’s leaving Chicago and his position has not yet been filled. He thanked committee members, who complimented him as a “pleasure to work with,” a “wealth of knowledge,” and full of “humor and grace.” Grisham pointed out Tracy Sanchez, the Department’s new Deputy Commissioner of the Multifamily Division, and Billy McGhee, new Deputy Commissioner for Construction and Compliance.

Progressive Caucus aldermen fell short of committee consideration of a substitute ordinance requiring licensing for Lyft and Uber drivers, after some somewhat tense wrangling between License Committee Chair Emma Mitts, Business Affairs and Consumer Protection (BACP) Commissioner Maria Guerra Lapacek, Ald. John Arena(45) and Ald. Scott Waguespack (32).

After the vote, aldermen and cab drivers commiserated in the hallway outside Room 201A about the close vote that could have been pushed over if a couple more cab-friendly aldermen were present. “Where the hell were they?” someone said from the crowd.

Five aldermen–Waguespack, Arena, Ald. Michael Scott Jr. (24), Ald. Chris Taliaferro(29), and Ald. David Moore (17)–voted in favor of hearing the Progressive Caucus substitute ordinance. But six voted against.

After the vote was cast, the Progressive Caucus issued a press release saying “Several other members of the committee were absent and did not cast votes.” Ald. Roderick Sawyer (6), a Progressive Caucus member who was touted as a co-sponsor, was not in attendance, and Ald. James Cappleman (46), who expressed sympathy for cab drivers and a desire to regulate TNPs, missed the vote while he was temporarily chairing the concurrent Zoning Committee hearing.

Attendance: Chairman Emma Mitts (37), Gregory Mitchell (7), Marty Quinn (13), Michael Scott Jr. (24), Chris Taliaferro (29), Ariel Reboyras (30), Scott Waguespack (32), Michele Smith (43), Tom Tunney (44), John Arena (45), James Cappleman (46)

Absent: Roderick Sawyer (6), Michelle Harris (8), Matt O'Shea (19), Willie B. Cochran (20), Roberto Maldonado (26), Debra Silverstein (50)

Others Present: Anthony Beale (9)

While he missed the vote, Ald. Cappleman delivered the day’s only applause line. He said the ordinance put forward by Business Affairs and Consumer Protection–which reduced fines and streamlined licensing for taxi drivers–didn’t go far enough to address the “elephant in the room”: transportation network providers (TNPs). Members of Cab Drivers United spent hours at committee meetings last week warning aldermen their industry was on the verge of collapse.

“I sincerely believe that the cab industry is in serious jeopardy because of TNPs... all over this country. Part of what I want to do is to work with [cab drivers] and the Mayor’s Office to start putting some tighter regulations on TNPs,” Cappleman said to claps from cab drivers in the seats, “I believe this [BACP ordinance] is a step forward, but it’s not the final step.”

The substitute ordinance from the Progressive Caucus was a direct introduction to the committee, something Chairman Mitts took offense to, telling Ald. Arena she refused to hear it, and it was “disrespectful.” She said she wanted the chance to read it. Committee members and some in the audience requested a roll call. Mitts eventually conceded and called the roll herself, starting with her own name, “Alderman Mitts. NO.”

Mitts and Arena had a similar face-off at a License Committee meeting discussing the same issues last week. Commissioner Lapacek and Ald. Arena disagreed again about Arena’s requests for information from BACP and the Department of Aviation.

Lapacek made it clear she was opposed to Arena’s introduction from the outset. “TNP Licensing is not agreed upon, I do not support licensing TNP drivers.”

Lapacek also squared off with Ald. Anthony Beale (9). He is not a member of the License committee, but he has advocated for more regulatory parity between cabbies and TNP drivers, especially during the budget negotiations in the fall. Last week, Beale won committee approval for a $0.50 surcharge to passengers on cab fares paid with plastic.

Beale asked Lapacek how much TNPs owe in outstanding debt to the city. Lapacek told Beale $15 million.

“My, my, my, $15 million.” Beale said. “So why are we continuing to let these guys drive and pick up people and make money off the city of Chicago and taxpayers, when they themselves owe the City of Chicago $15 million roughly?”

Lapacek said that debt is within the 90 day grace period for collection, which the Department of Finance is in process of doing. Beale countered that the city has been soft on TNPs while bringing down the hammer on cabbies. He said licensing individual drivers might be a better way for the city to get their money.

Per a release from the Progressive Caucus, the substitute ordinance would do just that. It would “require that all rideshare drivers of Class A or B transportation network providers obtain restricted chauffeurs’ licenses. Obtaining that license will require drivers to meet a number of qualifications that will better ensure the safety of passengers, including more stringent background checks and fingerprinting. It would also bar any driver who has been convicted of drug sales or possession, driving under the influence, and criminal sexual abuse within five years.”

But Lapacek said licensing individual drivers has been done in other cities, and would not resolve issues aldermen raised. Ultimately, the committee sided with her, voting to approve what BACP characterized as streamlining changes to licensing rules that were held in committee last week. It will be reported out at tomorrow’s City Council meeting.

Ald. Tom Tunney (44), who voted against hearing the Progressive Caucus’ introduction, said the conversation about TNP regulation was not over, and that Ald. Arena should submit the TNP licensing ordinance to the full City Council on Wednesday.

This report includes a review of rumor, innuendo, background conversations and everything from our notebook that we can’t source directly. Take it all with a giant grain of salt and make sure you vote today. Since most boundaries are too crazy to explain, we won’t describe the district boundaries. But you can download the last Illinois Racing Form for free today if you want to take a look.

As our team has talked to local campaigns and their supporters, there’s a number of observations we’ve had and heard repeatedly:

1. Bernie Sanders has a growing popularity among minority communities in Chicago.

2. A sizable number of moderates seem likely to pull Republican ballots to vote against Donald Trump.

3. The fact that early voting numbers broke the 2008 record is meaningful, but nobody really knows how much.

4. People are losing confidence in the predictive value of polling, especially in minority communities.

Cook County State’s Attorney

While we’ve heard a great deal of confidence coming from the Kim Foxx campaign, namely that they expect big support from African-American voters, it would seem too early to count Anita Alvarez out. State’s Attorney is a relatively low voter information race: Most people lack a clear idea of what State’s Attorney does for them. Public polls have never shown Alvarez at a clear deficit and there are a large number of conservative Democratic voters in the suburbs. This race is very much up in the air.

Clerk of Circuit Court

On the opposite end of the spectrum, most of what we’ve heard from organizers on the South and West Sides is, “Where’s Michelle Harris?” Her campaign has been light, while Dorothy Brown’s name recognition is high and many Black South Side voters know her as someone who employs people they know. Jacob Meister’s campaign has had little penetration beyond the Lakefront and progressives.

2nd State Rep: Mah-Acevedo

Theresa Mah has run a well-organized campaign with significant endorsements. But we’ve seen plenty of non-Organization candidates go down in this neck of the woods. Alex Acevedo is supported by his father, outgoing State Rep. Eddie Acevedo, as well as other local Committeemen.

5th State Rep: Dunkin-Stratton

As of yesterday, over $5.4 million has been committed to this gonzo election that will likely attract about 14,000 voters. With so much money and so many resources, it’s impossible for anyone who is not counting pluses to have a real idea of the outcome. Polling such an over-sampled universe is likely to return bad results. However, Juliana Stratton has had a clear, positive message from the beginning: Elect someone who represents you; while Ken Dunkin has relied on an increasingly negative campaign. Hard to be sure, but it would seem under these circumstances, Stratton’s message clarity gives her an edge.

15th State Rep: D’Amico-Charlier

Jac Charlier has been campaigning one way or another for almost two years. He and his supporters are motivated to take down John D’Amico and the 39th Ward Organization. But their circle may not be enough, as John D’Amico has been taking the race seriously, flooding the area with mailers and outspending Charlier 6.5 to 1.

22nd House: Madigan-Gonzales

While Jason Gonzales has had plenty of resources, free press and what seems to be a well-organized campaign, the fact that 500 people early voted in one day in the 13th Ward seems to suggest Team Mike Madigan is running points up the board.

26th State Rep: Mitchell-Travis

This is the third time Christian Mitchell has been targeted by the Chicago Teacher’s Union, and the second time Jay Travis has challenged him. This time around though, Mitchell has less support from some area aldermen. But his name recognition and the general argument from CTU–that he has supported some pro-charter school measures–doesn’t seem to the strong enough to oust an incumbent.

40th State Rep: Patel-Andrade

We’ve been told alternating stories about Harish Patel: either he isn’t knocking doors enough or he’s got a giant crew knocking every door in sight. But we’ve always heard one story about Jaime Andrade: He’s a shoe leather fiend with a close relationship with everyone in the 33rd Ward Organization. Andrade has also been been outspending Patel 3 to 1.

2nd State Senate: Alfaro-Aquino

This is Omar Aquino’s second run at office within a year. He narrowly lost the 36th Ward Aldermanic race to Gilbert Villegas last April.  Aquino is heavily backed by the Chicago Teachers Union and Cook County Democratic Chairman Joe Berrios. Angelica Alfarohas gotten big support from charter school proponents, turning this into a (relatively) expensive primary with over $800,000 spent. We expect another close election.

5th State Senate: Van Pelt-Fioretti

Fresh off an (unsuccessful) mayoral campaign, Bob Fioretti has strong name recognition and has been running radio ads featuring the endorsement of Rev. Jesse Jackson. But Fioretti has had trouble explaining how incumbent Patricia Van Pelt has really wronged voters. Van Pelt is also backed by a strong group of West Side aldermen and their organizations. She will be hard to beat.

12th Ward Democratic Committeeman: Muñoz-Cardenas

If you’ve been reading Aldertrack, you know that this race between incumbent and State Senator Tony Muñoz and Ald. George Cardenas has been a grudge match. One-time friends and allies, their ire for one another has taken Greek tragedy proportions. They both know the turf, and know how to campaign well. How this one turns out is a total guess for anyone.

The $29 million sale of city-owned land for Rush University’s new medical academic village and a new training center for the Chicago Blackhawks is up for consideration by the Council’s Housing Committee this morning.

The sale is broken up into two ordinances - one for Rush (worth $17.5 million), and one for the Blackhawks (worth $11.7 million). The new projects will be built at the now-vacant site of the Malcolm X City Colleges campus in the 27th Ward, represented by Ald. Walter Burnett Jr.

The Housing and Zoning Committees have swiftly approved a series of changes–including land transfers, an upzone, and demolition appropriations–to accommodate the redevelopment plan for the site since Mayor Emanuel announced the plan in July of last year. Students from Malcolm X moved to a new campus in January.

Rush University Sale

The city plans to sell 315,000 square foot vacant lot at a negotiated price for a new $500 million Rush University Medical Center academic village at the site of the former Malcolm X City Colleges site. The development will take place in four separate phases, and will include four LEED designed buildings: three mixed use buildings with educational office, community health, conference, meeting and restaurant spaces. A fourth building will house 300 student residential units. There will also be a green roof, a landscaped open green space, 800 parking spaces and 200 bike spaces.

The negotiated sale price is $17.5 million. A portion of that sum, $1,800,000, will pay for education, scholarships, research, and health and wellness programs over the course of ten years from the closing date of the sale. According to the Mayor’s Office, the project is expected to create 50 permanent and 100 construction jobs as part of its initial phase.

Blackhawks Sale

The new Blackhawks hockey team redevelopment will include a 127,000 square foot facility with full-sized rinks in a dedicated facility for the team and for community hockey training. The facilities will have with 122 parking spaces. The Blackhawks will buy the property for $8.7 million, and $3 million that will be spent on community hockey training programs, fitness and nutritional programs and group events. The fair market value of the property is $9.5 million.

In a press release, the city says “Chicago Blackhawks Charities, the team’s philanthropic arm, will oversee year-round programs and clinics at the training center for the city’s underprivileged youth, ensuring the project’s community benefits extend to those who would otherwise be unable to cover the costs of ice time, equipment and transportation.”

Other Items

• The Department of Planning and Development will present the 2015 Fourth Quarter Progress Report of the city’s five year housing plan to committee members today as well. Usually these presentations are made at a standalone meeting later in the month. You can read prior reports from the city here, and from the Chicago Rehab Network here.

• Three property sales through the Adjacent Neighbors Land Acquisition Program are up for a vote. The properties are in the 27th, 28th, and 4th Wards.   

• A series of right of way changes to accommodate construction of a parking lot for Sinai Health Systems in the 28th Ward is also up for committee consideration.

Some time before Wednesday’s monthly City Council meeting, Finance Chairman Ed Burke (14) will hold a private screening for aldermen to show video footage purporting to show Chicago police officers conducting an illegal search and seizure in Morgan Park. The footage, captured from a witness’ cell phone, is part of a settlement case the full City Council is scheduled to vote on this week. The Finance committee considered the settlement on Friday.

The City’s Law Department is asking aldermen to approve a $205,000 settlement from a May 2013 incident involving eight 22nd District Chicago Police officers who allegedly conducted an unlawful strip search of Caprice Halley, Tevin Ford, and Robert Douglas.

According to Jane Notz, First Assistant Corporation Counsel for the city’s Law Department, who testified at Friday’s meeting, eight officers were traveling in a convoy patrolling the Morgan Park area when officers saw what they suspected was the sale of drugs by the driver of a maroon car to a pedestrian. As the officers approached to investigate, the maroon car drove away, she said. The pedestrian told the officers he had just purchased heroin from the car’s driver. The pedestrian was arrested and the officers proceeded to search for the maroon car.  

Notz said two officers located and then stopped the maroon car, both officers state that they saw Douglas, who was the driver, quickly hand something to Halley who was in the front passenger seat, but, according to Notz, the plaintiffs deny that occurred.

The third plaintiff in the suit, Ford, was in the back seat. According to Notz, Officers told Ford and Douglas to get out of the car, and told Halley to stay in the car and keep her hands on the dashboard, while the officers radioed for a female officer to pat her down.

“A neighbor captured what happened next on a cell phone video. As shown on the video, while the officers waited for the female officer to arrive, they performed multiple pat downs of Mr. Douglas and Mr. Ford. They also asked Mrs. Halley to exit the vehicle and they put her in handcuffs while they searched it,” Notz explained to aldermen. Three of the officers took Douglas to a gangway and handcuffed one of his wrists above his head to a burglar bar, she added. “As the officers talked to Mr. Douglas, he pulled down his pants and undergarments and bent over. After one of the officers looked at his naked buttocks, Mr. Douglas pulled up his pants and began speaking with the officers.”

“Shortly afterward, the officers noted they were being recorded. Two of the officers then relocated Mr. Douglas and Mr. Ford to an alley nearby. They state that they did this because they were impeding traffic where they were. Other officers waited with Mrs. Halley until the female officer arrived, and then they relocated to the alley as well. None of the events in the alley were captured on video.”

The city wants to settle the case because one of the plaintiffs, Douglas, died in an unrelated incident a month later before he could be deposed for testimony, and because, according to Notz, the plaintiffs will rely on the video to argue that the officers improperly instructed Mr. Douglas to remove his clothing, although officers deny giving this instruction.

Ald. David Moore (17) asked about the officer’s conduct history. Notz said seven of those officers have between one and four complaints each, but “none of those complaints have resulted in a sustained finding.”

“So one of the officers had four complaints,” Ald. Moore followed up.

“One of the officers has four complaints against him, yes,” Notz replied.

When Ald. Moore followed up to ask what those complaints are, Notz referred to Deputy Chief Eddie Welch with the Police Department’s Bureau of Internal Affairs, naming the officer in question on mic. Ald. Tom Tunney (44) quickly interjected that he didn’t think it was “appropriate” for her to name the officer.

Deputy Chief Welch then testified that the officer in question has “one open investigation at this time.” Then he proceeded to say that he had five complaints over the past five years. “I don’t have all the facts,” he said.

“So you don’t have with you any of those four cases?” Moore responded.

“We have two IPRA cases, and one is involving the allegation, or the execution of a search warrant. One is searching a vehicle without justification. Those are IPRA investigations. And there is one is 2013, issuing a false citation, which is also closed an exonerated in 2013.”

None of the officers involved in the suit have been disciplined for the event in question, Welch added, when asked by Ald. Roberto Maldonado (26). Welch said none of the plaintiffs were made available for questioning to pursue an investigation into possible disciplinary action, but, “it is a good likelihood that this case will be reviewed and be continued. Yes, sir.”

Ald. Roderick Sawyer (6) asked for clarity on what the video purports to show. “It was taken from an upstairs apartment in a building across the street,” Notz added.

Ald. Moore (17) then asked if aldermen could watch the footage before approving the settlement Wednesday. Chairman Burke said he would arrange something for this week.

The committee also approved another settlement, a $625,000 payout to Marlon Pendleton, who was wrongfully convicted in 1993 of a sexual assault. He was exonerated and released from prison in the fall of 2006, after DNA testing proved he was innocent.

Homebuyer’s Assistance Program

The Finance Committee approved Mayor Emanuel’s plan to create a program aimed at better connecting new home buyers with financing for a down payment or closing costs associated with buying a new home.

“One of the number one impediments to families purchasing homes is coming up with the down payment… Many of them spend more in rent on a monthly basis than they would on a mortgage on a home because they can’t come up with the upfront payment,” said Carole Brown, the city’s Chief Financial Officer.

The Homebuyer’s Assistance Program will provide a grant of up to 7% of the total loan amount based on an applicant’s income, and all mortgage loans will be a term of 30 years at a fixed interest rate.

According to CFO Brown, the city will put $1 million toward launching the program, with the expectation that it will “become self sustaining over time.”  The Chicago Infrastructure Trust (CIT) will oversee the program, and work with “authorized lending institutions” to shore up capital for applicants.

George K. Baum, which CFO Brown characterized as a “nationally acclaimed company with over 80 years experience in the housing finance community,” will assist in reviewing loan information and reporting monthly to the CIT. The city plans to bring in two other financial firms to “broaden the group of lenders,” Brown noted, including Cabrera Capital. Martin Cabrera, a founder, currently serves as Chairman of the Chicago Plan Commission, which wasn’t mentioned at the meeting. Melvin and Company, an African-American-owned firm, will also serve as a lender, and Amalgamated Bank will serve as an escrow-agent in charge of dispersing the funds.

The details of how the program will be funded and who will be liable for any loan defaults was a main issue of concern for Ald. Tom Tunney (44) and Ald. Roberto Maldonado (26).

After much back and forth, Brown offered up this example to help explain how the program will playout: Say a person wants to buy a $100,000 home and they take out a $90,000 mortgage with a lender. If the homebuyer qualifies for this program, they could get a grant from the CIT for up to $10,000 to help pay off their down payment or closing costs. The lender then has 30 days to give that $10,000 back to the CIT, so it can lend it to another homebuyer, and thus the program, in theory, will become self-sustaining.

“If the homebuyer stays in their home for five years, pays the principal and interest on their loan on time, participated in the training each year, 20% of that loan becomes a grant and they don’t have to pay it back. So at the end of the 5th year, they don’t owe the city or the lender the full amount,” Brown said.

Borrowers will also have to pay an administrative fee of no more than 2.5% of the total loan amount. That fee, which is subject to change based on market conditions, Brown said, will be amortized over the 30 year mortgage, and the proceeds will be split between the servicer, Cabrera, Melvin, and the CIT.

In the example mentioned above, the borrower will end up paying an additional $25,000 in service fees over the life of the loan. Ald. Tunney found this concerning, saying he didn’t want the city to be in the business of making money off of low-income residents. But CFO Brown said that’s not the reason the fee is in place, nor is it the purpose of the program.

In order to qualify for the program, the home buyer must have an annual income between $87,000 and $133,000, which is based on a percentage of area median income for a family of four.

As for potential defaults, the bank that lends the money will put a subordinate lien on the home for the grant amount until it’s forgiven. Neither the CIT nor the city has exposure to the borrower. CFO Brown added that the borrower education programs the homebuyer must attend in order to get the loan will help “mitigate issues of people trying to purchase a home they can’t afford.”

As for why the trust, not the city, is running the program, CFO Brown said the city wants to “leverage their resources” and “further the mission of the trust.”

The ordinance authorizing the new homebuyer program also includes a provision increasing the amount of money of another city-run homebuying assistance program: the Mortgage Credit Certificate program. That program will get an additional $5 million for a total $80 million budget.  

The MCC program, which the Department of Planning and Development oversees, provides certificates that allow a taxpayer to claim a tax credit for a portion of the interest paid on a mortgage.

“The Department of Planning and Development is seeing a potential increase in interest, particularly that may coincide with the homebuyer assistance program in people wanting to obtain mortgage credit certificates,” James McDonald, Deputy Corporation Counsel for the city’s Law Department testified, after Ald. Tunney had noted the change in the substitute ordinance introduced at the meeting, “does more than fix scrivener’s errors, which is what Chairman Burke said when it was adopted.”

Other Highlights:

• Tampon Tax Exemption: The committee approved this ordinance from Chairman Ed Burke (14) and Ald. Leslie Hairston (5) that would exempt feminine hygiene products from the city’s sales tax.
• Smokeless Tobacco Ban: Under the ordinance the committee approved, the use of smokeless tobacco, would be banned at Wrigley Field and U.S. Cellular Field, as well as other sporting venues across the city. Three major U.S. cities–Los Angeles, San Francisco, and Boston–already have rules on the books outlawing chewing tobacco at sports venues. If adopted by the full City Council on Wednesday, the measure would become law 90 days from that vote. Violators of the new rules would face fines up to $250 for the first offense, $500 for the second offense, and up to $2,500 for each additional offense that occurs within one year of the first violation. Chairman Burke directly introduced the ordinance at Friday’s meeting, and had U.S. Sen. Dick Durbin on tap to testify in support. It passed without objection or concern from aldermen, unlike Mayor Emanuel’s tobacco reforms, which have been an uphill battle for the Mayor. The Chicago White Sox issued a letter of support.
• Ald. Jason Ervin (28) held his ordinance in committee that would remove J.P. Morgan Chase from the list of banks the city holds its money. Ald. Ervin introduced the ordinance after the bank said it would be closing down its only branch in Ervin’s ward.
• Garbage Fee Collection Clarification: The committee approved a direct introduction from Budget Director Alex Holt. The item is in reference to the new garbage fee the City Council approved with the 2016 budget. According to Holt, the ordinance made “a technical correction” to “codify billing and collection policies” associated with the new fee since it’s collected on the water bill. Holt said the amendment clarifies the revenue collected from residents will be properly allocated among the water, sewer and garbage fee funds.

The Council’s License Committee will resume last week’s meeting to take action on a plan to amend the city’s licensing and application requirements for taxis, ride-share cars, horse-drawn carriages, and pedicabs.

The plan from the city’s Department of Business Affairs and Consumer Protection got shelved at last week’s meeting, after cabbies and taxi industry officials argued the proliferation of ride-share cars is pushing their business towards the verge of collapse. They have been demanding that the city require drivers for Uber, Lyft and other ride-hailing apps obtain a public chauffeur's license, which is required of taxi drivers.

The ordinance was drafted in consultation with a task force Mayor Rahm Emanuel put together in 2014 to “strengthen the taxi industry and create a fairer environment for taxicab drivers.” But several members of that Taxicab Driver Fairness Task Force testified the ordinance barely addressed their concerns.

Two council committees are holding a joint hearing on the city-run health program for senior citizens. Ald. Tom Tunney (44), chairman of the Council’s Special Events and Cultural Affairs Committee, and Ald. Proco Joe Moreno (1), chairman of the Council’s Human Relations Committee, had introduced a resolution in January that called for hearings on, “the city’s ability to assist with senior residents’ stabilization program.”

In the preamble of the resolution, they note that according to the 2010 Census, 10.3% of the city’s population are 65 years or older, and that number is projected to double by 2040. It also cites a study from the U.S. Surgeon General that touts the health benefits of exercise for seniors as a way for reducing risks of developing diabetes, high blood pressure, and other ailments associated with aging.

Tunney and Moreno have asked the Director of the city’s Department of Family and Supportive Services and leaders of the city’s Senior Services Area Agency on Aging to appear before their joint hearing today to “discuss the city’s ability to help our Senior Residents ‘age in place,’” and promote programs that encourage “cultural enrichment, health and fitness.”

Chicago taxi drivers warn aldermen that their industry is on the verge of collapse with the proliferation of ride-hailing drivers flooding city streets. A plan to put the City Council in charge of approving new runways at O'Hare Airport fails in committee over the objections of North Side residents exasperated by the constant stream of planes over their homes. And U.S. Sen. Dick Durbin visits City Hall to lobby for a ban on chewing tobacco at Chicago ball parks.

U.S. Senator Dick Durbin will pay a visit to City Hall tomorrow to testify in favor of Ald. Ed Burke’s (14) planned direct introduction of an ordinance banning smokeless tobacco at Wrigley Field, U.S. Cellular Field, and all sports venues–professional, collegiate, high school or at organized amateur sporting events–in Chicago.

A press release from Burke’s office says Los Angeles, San Francisco, and Boston have all implemented similar bans.

If it passes the full Finance Committee, the measure would join Mayor Emanuel’s slew of proposals raising taxes on tobacco products, instituting price floors, and hiking the smoking age in Chicago to 21. Emanuel administration officials have been lobbying aldermen ahead of the Council vote Wednesday. The measure was deferred and published by five aldermen last month, who argued it would hurt retailers (especially in border wards) and fuel the sale of loose cigarettes.

Other items on the agenda:

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  Three tampon tax related items from Finance Chairman Ed Burke: One is a resolution calling on the Illinois General Assembly to adopt legislation to reclassify tampons and sanitary napkins as medical necessities, so those products may be exempt from the state’s sales tax. Another calls on the Illinois Department of Revenue to do the same. The third item is an ordinance amending the city’s municipal code to exempt those products from the city’s 1.5% sales tax. Similar legislation exempting the same products from the county sales tax have been introduced at the Cook County Board. All three items on today’s Finance agenda note that feminine hygiene products such as tampons and sanitary napkins are currently taxed at the rate of 10.25%, which includes a 6.25% state tax; a 1.75% county tax; a 1.5% city tax; and a 1% Regional Transportation Authority tax. That’s because the Illinois Department of Revenue currently classifies tampons and sanitary napkins as “grooming and hygiene” products, not “medical appliances.”

  
  


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  A Resolution to Remove JP Morgan Chase Bank From City’s List of Municipal Depositories: (O2016-690) The ordinance from Ald. Jason Ervin (28) and Ald. Michael Scott, Jr. (24) that calls for removal of JPMorgan Chase Bank, N.A. as municipal depository for both the City of Chicago and Chicago Board of Education, because the bank plans to close a branch in West Garfield Park, which the ordinance says is “one of the most underserved communities in the city.” The closure goes against City Council’s encouragement that “municipal depositories... act as good corporate citizens by striving to increase access to banking services and catalyze economic development in low-income and underserved communities.”

  
  


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  Establishment of Homebuyer Assistance Program: Mayor Emanuel introduced this ordinance in February to “encourage homeownership” by providing downpayment assistance to low- and middle-income families. Under the program, which will be administered by the Chicago Infrastructure Trust, qualified homebuyers could receive a grant for up to 7% of the total loan amount based on income. The city will invest $1 million toward getting the program off the ground.

  
  


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  A Redevelopment Agreement With Irving Park Property Holdings LLC: This ordinance makes available $2 million in TIF assistance for a mixed-use redevelopment of three vacant buildings in Portage Park’s “Six Corners” shopping district. The developer, Irving Park Property Holdings, LLC, managed by Charles Cui, an immigration lawyer, plans to purchase a vacant two story bank building (4901 W. Irving Park Road), the adjacent building (4925 W. Irving Park Road), a new construction site (4939 W. Irving Park Road) along with a parking lot behind the bank building. Once the TIF money is approved, Cui plans to undertake a $14.1 million dollar project that will transform the bank into a Binny’s Beverage Depot on the first floor, a fitness center on the lower level, and a 300-seat theater space on the second floor. The neighboring building will house an Elly’s Pancake House, and the third building will be a Culver’s drive-thru restaurant.

  
  


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  Legal Settlements: There are two legal settlements totalling $830K listed on the supplemental agenda. One suit brought forth by Caprice Halley, Tevin Ford, andWillie Douglas alleges illegal strip searches by eight Chicago Police officers. They’re seeking a $205K settlement. The other settlement for $625k was filed by Marlon Pendleton, who was wrongfully convicted in 1993 of a sexual assault. He was exonerated and released from prison in the fall of 2006, after DNA testing proved he was innocent. According to the Innocence Project, Pendleton “repeatedly requested DNA testing before trial, but Pamela Fish, a Chicago Police Department forensic analyst, falsely claimed that the amount of semen recovered from the victim was too small to yield a result.” Gov. Rod Blagojevich pardoned Pendleton in October of 2008.

  
  

After a rambunctious, three hour hearing that pitted the Emanuel Administration and a who’s who of city’s top lobbyists against North Side residents exasperated by the constant stream of planes over their homes, the Council’s Aviation Committee overwhelmingly rejected a proposal to put the City Council in charge of approving new runway construction at O’Hare Airport, with only one alderman, Anthony Napolitano (41), the main sponsor, voting in favor.

Attendance: Chairman Mike Zalewski (23), Pat Dowell (3), Raymond Lopez (15), Derrick Curtis (18), Danny Solis (25), Ariel Reboyras (30), Gilbert Villegas (36), Emma Mitts (37), Pat O’Connor (40), Anthony Napolitano (41), John Arena (45)

“I kind of knew [the vote] was going to go that way. I don’t hold it against any of the other aldermen,” Napolitano said. Ten of his colleagues on the council rejected his plan, which would have called for the immediate reopening of a diagonal runway (32R) and transferred approval authority of new O’Hare runways to the council’s Aviation Committee. “I was elected because I have a spine. I have a soul. I’m going to look at these constituents in the morning and say, ‘Hey, I stood up for you, I fought for you. It’s not over. We just regroup and we go back and figure out what’s going to work.’”

North Side residents and executives with the city’s top business, hospitality and labor organizations crammed into a small room on the second floor of City Hall for the meeting. With nowhere left to sit or stand, the crowd spilled out into the hallway, where City Hall security set up chairs and a loudspeaker for people to listen in.  

But the ordinance was doomed from the start. Neither the Aviation Department nor the city’s Law Department supported the plan, and had said as much to aldermen during private briefings leading up to yesterday’s hearing. Top officials from both departments–Aviation Commissioner Ginger Evans and Chief Corporation Counsel Jeff Levine–reiterated those concerns in an exhaustive powerpoint presentation that went on for nearly two hours.

COPY OF CDA’S POWERPOINT PRESENTATION

Even most of the members on the committee opposed the plan, and seemed to agree that yesterday’s hearing was more for show than anything else.

“I think that noise relief is the hidden agenda of this ordinance, the indirect agenda of this ordinance, but I think this ordinance endangers lives, not just in Chicago, but throughout the entire aviation industry and network throughout this country,” freshman Ald. Raymond Lopez (15), a former skycap for Southwest Airlines, said before the public portion. “This ordinance goes beyond that, above and beyond that. And having worked at an airport, I know that if I were to ask you, are the members of the City Council qualified to make decisions based on runway usage, what would your honest answer be? Probably not.”

A who’s who of business, labor and hospitality industry executives slammed the plan, calling it a job-killing, revenue-losing scheme that would devastate the city’s economy at a time when it is still rebounding from the recession. And it seemed that for every resident who bemoaned about jet noise, there was a business executive who warned that there was so much more at stake.

Sam Toia, President of the Illinois Restaurant Association, argued the ordinance would “hamper” future investments at O’Hare Airport and stifle the city’s burgeoning tourism industry. “We are on our way towards bringing 55 million visitors a year to the city of Chicago by 2020, and in order to do that, we need to continue to modernize and expand O’Hare International Airport.”

Jorge Perez, Executive Director of the Hispanic American Construction Industry Association (HACIA), the largest Hispanic-based trade association in the Midwest, expressed worry the ordinance would impact their members’ ability to bid on construction projects at O’Hare. “These projects represent a larger capital investment and opportunities for our members and other minority and women business enterprises from doing work inside the terminals with the airlines and concessionaires.”

Jack Johnson, Senior VP for Choose Chicago, the city’s tourism arm, argued passage of the ordinance would “put a chill through the investment community… send a chill through convention and meeting planners as they think about getting in and out of Chicago… and will send a bad message to leisure tourists who’d say, ‘You know, is it easy to get to Chicago?’”

“We’re not looking to run an airport, we’re not looking to use the buzzwords of ‘We’re going to destroy jobs and shut the airport down and no one is going to work anymore and they’re is not going to be more labor,’” Ald. Napolitano defended. But his and the concerns of those North Side residents who made the trip to City Hall did little to persuade anyone.

And residents argued that they’re just as important to the city as tourists. “I haven’t heard anything about the people of the city as an economic engine, as people who drive the economy with their property taxes, with their expenditures in the city, with their use of the transportation systems, without the residents we don’t have a city,” countered Loretta Galiardi, a resident of the 41st Ward, who said she lives “pretty much under 27L9R,” one of the flight paths.

“The amount of scare tactics I heard today, obviously people have been watching the presidential debates. I can tell you as a citizen, we’re not liking it,” said Suzanne Carbon, a resident of the city’s 39th Ward. “I am not against O’Hare, nor am I against progress, what I am against is the noise and pollution being forced on a concentrated segment of highly populated neighborhoods.”

“No” Votes: Chairman Mike Zalewski (23), Pat Dowell (3), Raymond Lopez (15), Derrick Curtis (18), Danny Solis (25), Ariel Reboyras (30), Gilbert Villegas (36), Emma Mitts (37), Pat O’Connor (40), John Arena (45).

Yesterday the Chicago Board of Elections provided this absentee ballot report, in addition to early vote results:

UNOFFICIAL Early Voting - Day by Day - Citywide data thru 8:50 pm, March 9, 2016
Ballots           Date      Sites Open

190	Feb 17	1 site
194	Feb 18	1 site
194	Feb 19	1 site
48	Feb 20	1 site
36	Feb 21	1 site
192	Feb 22	1 site
192	Feb 23	1 site
159	Feb 24	1 site
173	Feb 25	1 site
198	Feb 26	1 site
114	Feb 27	1 site
65	Feb 28	1 site
9,477	Feb 29	51 sites
6,081	Mar 1	51 sites
6,616	Mar 2	51 sites
5,225	Mar 3	51 sites
7,040	Mar 4	51 sites
9,910	Mar 5	51 sites
1,413	Mar 6	14 sites
8,849	Mar 7	51 sites
10,395	Mar 8	51 sites
10,902	Mar 9	54 sites with UIC, NEIU, CSU
	Mar 10	54 sites with UIC, NEIU, CSU
	Mar 11	54 siteswith UIC, NEIU, CSU
	Mar 12	51 sites
	Mar 13	14 sites
	Mar 14	14 sites
77,663

UNOFFICIAL Cumulative: Feb. 17, 2016 thru March 9, 2016 - As of 8:50 pm
Ward ......Early Voting Ballots

1	1,374
2	1,283
3	2,167
4	2,323
5	1,855
6	1,924
7	2,120
8	2,161
9	2,081
10	1,370
11	2,040
12	898
13	3,200
14	747
15	479
16	862
17	1,500
18	2,276
19	3,350
20	1,080
21	2,079
22	583
23	1,609
24	822
25	986
26	868
27	1,153
28	1,082
29	1,658
30	732
31	629
32	1,265
33	1,126
34	2,595
35	662
36	799
37	1,342
38	1,587
39	1,759
40	1,561
41	2,747
42	1,512
43	1,680
44	1,594
45	1,565
46	1,465
47	2,148
48	1,977
49	1,617
50	1,371
Total	77,663

While Aviation discusses Napolitano's ordinance, the Budget Committee will take up an ordinance to amend the city’s Equal Employment Opportunity requirements with the goal of increasing job opportunities for minority and female workers in all city-funded construction projects, which are worth nearly $300 million annually.

The city incentivizes contractors to set aside a certain number of labor hours for minority and women apprentices, laborers and journeymen when bidding for city contracts. The plan introduced by Mayor Rahm Emanuel increases those bid incentives for vendors to hire minority workers (from 50% to 70%) and for female workers (from 10% to 15%). It also adds new incentives to hire residents from “neighborhoods of economic need.”

The criteria for those “socio-economically disadvantaged areas” are to be determined by the Commissioner of Planning and Development, and will take into consideration the median family income and unemployment rate of an area, among other things. The ordinance also enables the city’s Procurement Officer to create the rules and help administer the program.

“This proposal will ensure that we are leveraging our procurement dollars to create jobs for residents in all parts of Chicago,” Mayor Emanuel said in a press release when he introduced the ordinance in February.

The second item on the agenda renews an intergovernmental agreement with the Chicago Board of Education regarding an environmental program that turns asphalt schoolyards in flood prone neighborhoods into “multifaceted ‘green’ school yards.”

The so-called “Room to Grow” initiative is a partnership between the Chicago Board of Education, the Metropolitan Water Reclamation District and two non-profits: Openlands and the Healthy Spaces campaign. 

Four Chicago elementary schools received new school yards in 2014 as part of the program: Virgil Grissom, Theophilus Schmid, Donald Morrill Math & Science, and George Leland. Each school got a new school yard that is designed to include, “special gardens, permeable surfaces and other landscape features that absorb large amounts of water, which will help reduce neighborhood flooding.”

The first phase of the “Room to Grow” program cost roughly $5.87 million. The IGA awaiting committee approval today commits $2 million in funding toward that first phase payment, and notes that MWRD will provide matching funds, up to $500,000 for each of those four schools. It also re-ups the program for an additional six schools per year for five years. The total cost is $15 million. The city plans to use revenue from the city’s sewer system to pay for part of the project.

Pedestrian & Traffic Safety Committee

At noon, the Council’s Committee on Pedestrian and Traffic Safety meets to discuss and approve routine parking matters.

A new candidate committee was filed yesterday for “Friends of Sophia King”, to support Sophia King for alderman. The address for the committee is listed in the 4th Ward. Aldertrack spoke with the committee’s chairman, Evonne Taylor, who would not provide details about King, but confirmed King had applied to fill Burns’ vacant seat and said the Emanuel Administration has not told her who the finalists are.

The search committee tasked with submitting names to Mayor Rahm Emanuel faced a deadline last Friday. Emanuel Administration officials told Aldertrack this week 18 people applied, but would not disclose names.

King is president of Harriet’s Daughters, “a non-profit group of professional women whose mission is to work collaboratively with peer organizations to advocate for, create and support policies that secure employment and wealth creation opportunities for African-American communities.” U.S. Senate candidate and former Urban League Executive Director Andrea Zopp is also listed as a member, but the organization keeps relatively quiet on social media - its Facebook and Twitter pages are pretty much dark.

A proposal to add a 50-cent surcharge to credit card payments for cab rides in Chicago advanced out of the Council’s Transportation Committee yesterday. Just three of the seventeen aldermen on the committee, including Chairman and sponsor Ald. Anthony Beale (9), were still present when the ordinance was finally voted on at the end of the two hour meeting.

Members Present: Chairman Anthony Beale (9), Pat Dowell (3) Raymond Lopez (11), Jason Ervin (28), Chris Taliaferro (29), Gilbert Villegas (36), Michele Smith (43). Non members: Walter Burnett, Jr. (27), John Arena (45).  

The 50-cent fee is aimed at easing the burden on taxi companies that have to pay a 5% service fee to cash credit card payments. The money will go to the cab companies, not the drivers. This point was clarified in the substitute ordinance that was adopted at yesterday’s meeting, which added the following provision: “The convenience fee shall be used only to cover any portion of the processing fee and related costs that a licensee incurs to accept non-cash payments for taxi services through credit card processing equipment approved by the department.”

When the City Council and the Department of Business Affairs and Consumer Protection approved new rules for the industry in 2015, it set a timeline to decrease the driver’s portion of the service fee to 4% in January 2016 and 3% in July 2016, as a way to lessen the burden on drivers. But the medallion holders who lease the cars out argue they can’t afford to pick up the extra cost either.

“The affiliations [cab companies] are not able to absorb a loss of the kinds we're talking about when processing credit card fees, because of the proliferation of ride-share cars on the market, and… the lack of taxi drivers. The taxi industry is on the verge of collapse,” said Mara Georges, former City of Chicago Corporation Counsel who now represents the Illinois Transportation Trade Association (ITTA), a group comprised of taxicab drivers and medallion owners.

Chicago taxi drivers process an average of 13 million taxi fares a year, according to Georges. When you take into account that each trip costs an average of $25, the 3% service fee that will soon take effect adds up to a lost of over $6.5 million annually, she added. “So here we’ve got a partial solution to a problem that is costing the taxi industry millions of dollars annually. This is not a fix for the collapse of the taxi industry. This is a temporary band aid on a problem that is going to cause the taxi industry’s collapse. Without further action by this council to either regulate ride shares or to ease the regulations on taxi cabs, to level the playing field… the taxi industry will no longer exist in the city of Chicago.”  

Ald. Raymond Lopez (15) and Ald. Michele Smith (43) joined Ald. Beale in approving the ordinance. Ald. John Arena (45), who isn’t a member on the committee but a strong proponent of creating more parity between taxi drivers and their ride-share competitors, was also present.

“We need to come up with a comprehensive solution, and we need to do it sooner rather than later. Continuing to put in front, to me personally, these nickel and dime ordinances to just chip away at some minor problems is not the approach I would like to see the administration take,” Ald. Arena opined.

He and Georges have both argued the only way to create true parity between the two competing industries is to require that ride-sharing drivers get the chauffeur licenses that taxi drivers are required to get.

Much of the public testimony at yesterday’s committee meeting consisted of recycled testimony heard at a Licence Committee meeting the day before, when cab drivers and taxi industry officials warned aldermen that they can no longer make a decent living due to the flood of Uber and Lyft drivers on city streets.

This morning the Council’s Aviation Committee will consider a plan by a freshman alderman who wants more Council oversight of runway construction at O’Hare Airport, despite concerns from Aviation Department officials who argue the ordinance would “stunt” O’Hare’s growth and “jeopardize” progress already made as part of a multi-billion dollar modernization plan.

But City Council sources tell Aldertrack it’s unlikely Ald. Anthony Napolitano’s (41) proposal will advance out of committee, because of the legal issues related to  federal aviation rules, outstanding agreements with airlines and unions, and hundreds of millions of dollars in federal funding already made available for the O’Hare Modernization Program.

“There’s a chance we might get sued because of what we’re asking here,” Ald. Ariel Reboyras (30), a member on the committee told Aldertrack. “I don’t know in all fairness if we can push this ordinance through.”

Another alderman on the committee, who spoke on background, suggested the hearing on the ordinance is only taking place because aldermanic offices were bombarded with emails from constituents demanding a hearing, following an email blast from Ald. Napolitano’s office last week telling them to do so. At the time, Ald. Napolitano told Aldertrack his lobbying effort wasn’t a ploy to force Committee Aviation Chairman Mike Zalewski’s hand, but to show his colleagues how pressing of an issue this in his community.

Ald. Napolitano, whose 41st Ward includes O’Hare, has argued that if the City Council has the authority to approve stop signs, they should also get to decide if O’Hare can build out its runways, especially at a time when airplane jet noise is a primary concern for North Side residents.

In a letter he sent his colleagues on the Aviation Committee, Napolitano wrote, “We all have requested a stop sign at some point in our Aldermanic career. Think of the steps required for this simple request. An introduction of an Ordinance, CDOT traffic study, approval from the Pedestrian and Traffic Safety Committee and finally approval from the full City Council. All of this for something as simple as a stop sign yet a $700 Million dollar runway that could have a tremendous impact on the quality of life of so many, we have no input.”

Napolitano’s ordinance would prevent Aviation Commissioner Ginger Evans from completing or starting any new construction projects at O’Hare until the City Council has a chance to look over and vote on the plans. Specifically, Commissioner Evans wouldn’t have the authority to “manage and control all matters and things pertaining to the construction, reconfiguration, decommissioning, and destruction of runways and taxiways,” without first obtaining approval from the City Council’s Aviation Committee through a public hearing on the matter.

Officials with the Department of Aviation and Chicagoland Chamber of Commerce are expected to testify against the ordinance at today’s meeting.