Running Scared

Bowing to the NRA and Leaving the Scope of  Heller for the Strong of Heart, Council Amends Weapons Ordinance

By Mary Helt Gavin

The report from the City Council was clear: Aldermen have no wish to explore the limits of the U. S. Supreme Court's decision in Heller v. District of Columbia and no will to defend the City in the lawsuit filed by the National Rifle Association in the wake of the Heller decision. The Council - with one aldeman objecting - shied away from even requiring child-safety locks on handguns.

With little comment except from citizens, aldermen at the Aug. 11 City Council meeting amended the City's weapons ordinance to comply - at least according to the City's law department - with the Heller decision. Now Evanstonians who are not disqualified under sections of the City's ordinance or the State's statute against unlawful use of weapons may own handguns if they are kept within the residence and used solely for the purpose of self-protection. 

First Assistant Corporation Counsel Elke Tober-Purze said the new ordinance incorporates the protections of the state statute on unlawful use of weapons. She cautioned aldermen, though, on "redundancies" - that is, having municipal ordinances covering the same matters as the state statute.

The Ordinance
Under the City ordinance as amended, any person with a valid state Firearms Owner Identification Card (FOID) may possess a handgun in the home for self-protection unless he or she  
· Is under 18 years of age "and [the] handgun is of a size that may be concealed on a person";
· Is under 21 and has been convicted of a misdemeanor other than a traffic offense or has been adjudged delinquent;
· Is a narcotics addict;
· Has been a patient in a mental hospital within the past five years; or
· Is mentally retarded.

Police officers active and retired, members of the armed forces or reserves and certain private security personnel would be exempted from the prohibition against keeping the weapons outside of the residence.

During citizen comment some residents from surrounding communities urged the City Council to delay amending the ordinance. Thomas Maynard of Skokie, representing the Illinois Coalition Against Handgun Violence, said that suicides occur more often in homes where guns are found than otherwise and danger is increased in instances of domestic violence when a gun is handy.

Jennifer Bishop, president of the North Shore chapter of the Million Mom March, asked the Council to postpone its decision, saying the Heller decision "doesn't apply to state or municipal government."

The Supreme Court held in three cases decided in the late 1800s that the Second Amendment does not apply to the states; and the Court in Heller did not overrule these cases but made comments that questioned their continuing validity. Some legal scholars have suggested that, since other sections of the Bill of Rights have been held applicable to states through the Fourteenth Amendment, the Second Amendment will be made applicable to states and municipalities.   

Ms. Bishop referred to model legislation being drafted by Lawyers Committee Against Violence and said, "Wait to see if the Second Amendment is incorporated. Give time for the LCAV ordinance before you change the protections you have."

Evanston resident Nina Vinik, one of the drafters of the LCAV model legislation, told the RoundTable three weeks ago she was willing to work with City Council on crafting an ordinance.

Not Even Safety Locks
Nonetheless, as the ordinance came to a vote, only aldermen Elizabeth Tisdahl, 7th Ward, appeared willing to stand up to the NRA. She asked to amend the ordinance to require  "that guns have child safety locks." Ms. Tober-Purze said she advised against the safety locks, because Mr. Heller and others had filed a second lawsuit in Washington, D.C., challenging provisions that attempted to ensure that firearms are safely stored.

"I'm sure we will receive flak from the NRA," Ald. Tisdahl said, "and I still think we should defend our children."

Alderman Steve Bernstein, 4th Ward, said, "I find the Supreme Court's decision repugnant, but we cannot afford to fight for principle at this point." He said he felt the City could not spend $200,000 defending a lawsuit.

"I don't know that a child-safety lock is illegal," Ald. Tisdahl responded.

Nonetheless, she received no support from her colleagues.

Alderman Edmund Moran, 6th Ward, proposed an amendment that felons would not be allowed to have handguns in Evanston. Ms. Tober-Purze said she did not think Evanston's ordinance should preclude felons from owning handguns, since, she said, that issue was covered under the state statute governing unlawful use of weapons and she did not think the City should do that as well. "I caution you against redundancies [in the statute]" she said.

At the Administration and Public Works Committee meeting, Police Chief Richard Eddington said he did not believe the City should have a gun-registration program. In addition to the cost of the program, which he said the City could ill afford at this time, Chief Eddington said the program is "based on the idea that people tell the truth - which, in my professional experience has not always been the case." 

FOID Facts

According to information from the state police website, www.isp.state.il.us/foid:
· The FOID (firearms owner identification card) Act was created in 1968 "as a way to regulate possession and acquisition of firearms and firearm ammunition as part of a public safety initiative."
· All Illinois residents who buy or possess firearms are required by law to have a valid FOID card.
· The waiting period for taking possession of a handgun is 72 hours. Sellers must keep records of sales for 10 years; FOID cards are valid for 10 years.
· There are approximately 1.2 million valid FOID card holders in the state.
· The Firearms Services Bureau processes approximately 210,000-220,000 applications annually.
· In 2002, 4,642 applications were denied and 6,926 FOID cards were revoked as a result of the "extensive review process" that identifies individuals prohibited from possessing or acquiring firearms and firearm ammunition.
· Among other reasons, the Illinois State Police will revoke a FOID card if the individual
- Is under indictment for or has been convicted of a felony;
- Is a fugitive from justice;
- Is a controlled-substance and/or narcotics user or addict;
- Has been a patient in a mental institution in the past five years;
- Has been discharged dishonorably form the armed forces;
- Is the subject of an order of protection or has been convicted of a crime involving domestic violence;
- Has renounced U.S. citizenship; or
- Is an alien who is illegally or unlawfully in the United States.

City Postpones Amending Handgun Ordinance

By Mary Helt Gavin

Questions from aldermen about proposed amendments to the City's weapons ordinance led to postponement of the vote to amend the ordinance, scheduled for the July 28 City Council meeting, until at least the Aug. 11 meeting.

The Council directed the City's law department to draft an ordinance that would comply with the recent U.S. Supreme Court Decision Heller v. District of Columbia, which held that Washington, D.C.'s ban on the private possession of handguns was unconstitutional. Evanston's present weapons ordinance similarly bans the possession of handguns in the City by civilians, with certain exceptions, such as antique guns and starter pistols.

The day after the Heller decision was rendered, the National Rifle Association sued Evanston, seeking to overturn the ordinance.

As proposed, the amended ordinance would allow residents to possess handguns in the City only if they are kept solely at the owner's residence for "self-protection." Owners would also be required to have for each weapon a "current and valid Firearm Owner's Identification card issued by the state of Illinois."

Under the proposed ordinance, a person would not be able to possess a handgun in Evanston if he or she
· Is under 18 years of age "and [the] handgun is of a size that may be concealed on a person"
· Is under 21 and has been convicted of a misdemeanor other than a traffic offense or has been adjudged delinquent
· Is a narcotics addict
· Has been a patient in a mental hospital within the past five years or
· Is mentally retarded.
Police officers active and retired, members of the armed forces or reserves and certain private security personnel would be exempted from the prohibition against keeping the weapons outside of the residence.

At the Administration and Public Works Committee meeting on July 28, Alderman Cheryl Wollin, 1st Ward, questioned whether the proposed amendments, stating that handguns must be kept at home, was strong enough, since it did not expressly address carrying weapons into what the U.S. Supreme Court termed "sensitive areas," such as courthouses and school buildings.

Elke Tober-Purze said she thought it was strong enough. Police Chief Richard Eddington said the State of Illinois' ordinance on unlawful uses of weapons forbade carrying concealed weapons. He said the City could incorporate the terms of the state ordinance into the City's ordinance.

During citizen comment at the July 28 City Council meeting, four persons, only one from Evanston, spoke about the proposed ordinance.

Joel Siegel of Wilmette, who said he was a member of North Suburban North Shore Jews for Preservation of Firearms Ownership, said his organization "welcomes the rescinding of the handgun ban, which will restore civil rights to Evanston."

Jennifer Bishop Jenkins and Jeanie Bishop, whose sister was murdered several years ago in Winnetka by a New Trier High School student who, they said, used a legally owned weapon for the crime, urged the Council to keep its gun ban in place and litigate the issue.

Ms. Bishop referred to Evanston lawyer Nina Vinik of Legal Community Against Violence (LCAV), who, she said, is drafting model legislation in light of the Heller decision.

Susan Trishman of Evanston, who said she was a member of the Brady Campaign to Prevent Gun Violence and the Million Mom March, asked the Council to keep the ban in place. "Our youth are scared already. … We need to protect them. We are not afraid of the NRA. …"

Ms. Vinik told the RoundTable LCAV is preparing a model ordinance that would strictly regulate the use of handguns. She said she has been in contact with City officials.

A Wall That Unites

Struggle and Dreams, Then and Now

By Jordan Graham

The process of creating the new Wall of Struggle and Dreams will begin in the fall with two community meetings. "Design days" and "paint days" will follow with an aim at a spring completion date.

"A loss of life, a life begun," reads the "Wall of Struggle and Dreams." The theme of resurrection sprawls across the very surface of the wall and surrounds the story behind the mural. Providing a backdrop for Clyde-Brummel Park, two blocks north of Howard Street, the piece was conceived "In loving memory of Marchelle Gibbs," a 14-year-old girl who was shot and killed on a sidewalk near her Evanston home on the night of May 9, 1992. Sixteen years after the incident, the mural is set to be renovated, and with the renewal, a story reemerges of a community that united over a wall.

"Twenty-six cultures in two blocks, with no support system," said Karen Chavers, former executive director of the Evanston Neighborhood Conference, describing the Clyde and Brummel neighborhoods at the time of the killing. She characterized the community as one that suffered from drug infestation, an astounding 67 percent poverty level, and large apartment buildings where "the people in 1A didn't know the people in 1B." Ms. Chavers said she can still remember the night of the shooting: groups gathering outside to mourn and fear, and anger flashing throughout the conversations she overheard - raw emotions, aired by people who, as she put it, "didn't have a voice."

It was those conversations that sparked the flame for what was to follow. Community meetings, designed to help with the healing process, turned into conferences where neighbors verbalized unmet concerns. Some of the problems included a park frequently inhabited by drug-dealers; a chain-link fence that had been repeatedly broken, allowing children access to the dangerous third rail of the CTA tracks; and a history of violence that had made neighbors fearful and apprehensive for their safety.

With a multitude of issues to address, the question soon evolved into "How do we make this community safe year round?" Eventually, the idea emerged of a wall with a mural painted on its surface, as both a practical and symbolic solution to many of the neighborhood's problems. A wall could achieve the following: provide a barrier between the park and the train tracks, reclaim the park as a safe place in the neighborhood, unite the community, and honor a young life that had been cut short. Perhaps most importantly, though, the wall would become a home to stories of the community that had never been told.

"They did have struggles," said Ms. Chavers, "but they also had dreams."

With the help of the Chicago Public Arts Group, the neighborhood commissioned the mural, and a search for a suitable artist soon yielded Kiela Smith-Upton (then Kiela Songhay Smith), 23-year-old recent graduate of the School of the Art Institute of Chicago. Ms. Chavers noted how Ms. Smith-Upton fit the position from the start. "When she first came in," said Ms. Chavers, "she had as many questions for [the community] as they did for her."

Ms. Smith-Upton specializes in both murals and collaborative art. She related her love for the process as a series of interactions: the interaction of a body and a wall, the interaction within a community, and the interaction between the community and the passer-by.

"What I do," she said, "is not art for art's sake." Instead, she cited African art as an inspiration, where a focus on functionality, need and purpose are central. Ms. Chavers repeated this sentiment, saying the mural "had less to do with art than the human condition." The role of the both the artist and the organizer was to help draw from within the community, visions, works and images, and integrate these desires for all to see.

In fact when pressed about their roles in the process, both women modestly characterized themselves as "facilitators" rather than central figures. Ms. Smith-Upton elected to recite an old African proverb that she said illuminated the process. "One head does not make a council," she said. "Two or more minds can bring more insight and bring to bear an end result that is so much stronger and more compelling," she explained, "I prefer that connection, richness and input."

"These stories were larger than us," said Ms. Chavers, "They were part of the community and deserved to be told. [You] see the pride that people have in their cultures. [We wanted to] see if we could create the same sense of pride in our community."

In total, over a 12-month period, more than 100 people volunteered to help with the creation process. From organizers, to designers, to painters, to brush cleaners, to people who brought food, to people who located supplies, everyone had a role. "Family paint-ins" became a regular weekend event. "It was an exciting time," said Ms. Chavers, "Something to look forward to. We were … closing the human gap …, laying a foundation that could be built upon."

The hard work paid off. Only one year removed from the shooting, the area had a thriving new neighborhood association, complete with organized leadership, said Ms. Chavers. The community gained a focus on connecting its members with the rich resources that Evanston had to offer. The negative influences that had long plagued the area were replaced with new goals of improving the quality of life. The loss of a life had resurrected the neighborhood, and the wall, standing eight feet high and 350 feet long, appears to have certainly played the role of a catalyst in a community in dire need of something to unite over.

This time around, the Evanston Public Arts committee is getting involved, providing a portion of the funding for the project. Kiela Smith-Upton will also reprise her role, helping the community to address new dreams and challenges with updated imagery. "We hope to reengage the current community by revisiting the original themes," she said, "and tell how the community experience is both similar and different."

In addition to the new imagery, Ms. Smith-Upton said she wished to focus on the wall's longevity, noting how the renewed structure will be water-sealed and more apt to endure wear and tear.

Jeff Cory, the Cultural Arts/Arts Council Director for the City of Evanston, and one of the individuals responsible for assigning funding towards the renewal project, describes the wall as "the most significant mural we have in Evanston, and one we would like to see restored." Art Resources in Teaching supplied the additional funds needed for the project through the Julie Reynolds Shaw Artist Position Grant, though a secondary proposal still needs to be approved by the…

Perhaps the most compelling of all the quotes on the wall is one that reads, "I dream that we all keep dreaming." Fifteen years later, with a renovation in the works and an enthusiastic community behind it, it seems that dream is still alive.

Anyone who wishes to assist in the creation process of the new "Wall of Struggle and Dreams," can contact Kiela Smith-Upton at info@songhaystudios.com.

Rules Committee Discusses AT&T ‘Eyesores'

By Mary Helt Gavin

Video-ready access devices, or VRADs, are springing up in alleys and on parkways throughout the City, as AT&T brings competition with Comcast for Evanstonians.

Concern about the appearance of the video-ready access devices, or VRADs, that AT&T is installing throughout the City prompted aldermen to invite State Senator Jeffrey Schoenberg and State Representative Julie Hamos to the Aug. 4 Rules Committee meeting. The Rules Committee is composed of all nine aldermen.

The VRADs are part of AT&T's Project Lightspeed program, which gives Evanston consumers a choice between AT&T and Comcast. Alderman Steven Bernstein, 4th Ward, said he thought the VRADs are ugly and "wrong"; at a previous City meeting he called them "eyesores."

AT&T has submitted 110 permits for the VRADs, 18 of which will be below-ground, according to a memo from Gavin Morgan, assistant to the City Manager. The others will be installed in alleys or along parkways. AT&T has agreed to provide up to $1,500 in landscaping costs to make VRADs installed on parkways look less obtrusive. Because the company must have access to the boxes, only three sides may be screened by plantings. Ald. Bernstein asked Sen. Schoenberg and Rep. Hamos why AT&T was allowed to install the VRADs. "I am concerned that a multinational corporation is taking advantage of our City. … I don't understand … if the legislature wants to pre-empt our home-rule authority." He added, "I want to rescind the legislation that allowed AT&T to do this."

Rep. Hamos said she and Sen. Schoenberg had both supported the legislation "to allow consumers to have a choice in video [service]. New technology allowed AT&T to compete." She added the VRADs are companions to the AT&T boxes that have been on the parkways for a long time. "I don't know that we can undo this legislation," Rep. Hamos added.

"What the state got," said Sen. Schoenberg, "was the pure sense of competition for what had been a monopoly." Rep. Hamos also said the City would receive some money from each AT&T franchise.

More information about the VRADs and the landscaping reimbursement is available through the City Manager's office, 847-866-2936.

Council Approves PACE Dormitory Without Payments-in-Lieu of Taxes

National-Louis University's request for a special use for 1620 Central St. to house its PACE (Professional Assistant Care for Education) program won Council approval. The vote was 6-2, with Alderman Ann Rainey, 8th Ward, and Alderman Lionel Jean-Baptiste, 2nd Ward, casting the "no" votes.

The decision will allow National-Louis to convert the vacant office building into a dormitory with some classroom space for about 60 college students with multiple learning disabilities.

Although neighbors had expressed mixed views about the project, property taxes, not neighborhood sentiment, dominated the Council's discussion.

Alds. Rainey and Jean-Baptiste said that, while they understood that National-Louis was exempt from paying property taxes under state law, they felt it should make a payment in lieu of taxes to the City.

The 1620 building, vacant as of now, generates $90,000 in property taxes each year, Ald. Rainey said.

Some not-for-profits make payments-in-lieu to the City, in amounts equal to the City's portion of the property tax (about 20 percent of the property tax bill).

Council delayed voting on the proposed special use at the July 23 meeting so interim City Manager Rolanda Russell could meet with National-Louis representatives to negotiate a payment-in-lieu. Ms. Russell recommended an annual payment of about $9,500, which National-Louis declined to make.

Ald. Rainey said she was not asking National-Louis to pay taxes but to "pay its fair share" and "make a contribution to the City."

Comparing this discussion to the previous one about Trader Joe's held just minutes beforehand (see 1890 Maple story), Alderman Edmund Moran, 6th Ward, said, "The developer of that property was asked to pay $4,500 annually, and we were told they're being railroaded." He added, "To take this program away from the City of Evanston would be a shock to me."

Alderman Elizabeth Tisdahl, in whose Seventh Ward the building lies, said, "To tax 60 handicapped students and no others when there are thousands of students sends the wrong message. It is ironic that we would be at a point where this kind of contretemps would be put to the Council."

Jack Lawlor, attorney for National-Louis, said there are ripple effects to providing an education, and these are "larger in scale" and they come "in a way that families and temples and churches just can't provide. … In the case of the PACE program it is a much more poignant education because these students learn to live independently and become tax-paying citizens."

Mr. Lawlor also noted that National-Louis had reduced its footprint in Evanston by returning its former campus - located north of Isabella Street on Sheridan Road - to the tax rolls, with a net gain of $40,000 in taxes per year.

During the discussion, while the vote was still uncertain, Mayor Lorraine Morton said, "There is a spirit [of compassion] that prevails in Evanston … and we can't go back." She said in case of a tie vote, she would cast her vote for the special use for the dormitory.

City News Bytes

New Finance Director
Martin Lyons will take over as finance director for the City of Evanston on Aug. 11, said Interim City Manager Rolanda Russell.

"Martin will bring to the City of Evanston significant experience in Illinois municipal finances, including TIFs, bonds and budget preparation. I am thrilled he has chosen to come and work for us," Ms. Russell said.

For the last five years, Mr. Lyons was the area vice-president for Gallagher Benefit Services and provided consulting services to municipalities.

Citizens Advisory Board
On July 28 Council members approved Mayor Lorraine Morton's appointments of the following people to the citizens' police advisory committee: Jay Lytle (1st Ward), Michael Johnson (5th Ward), Robert Egan (6th Ward), Sandra Hill (7th Ward), Karen Johnson (8th Ward) and Harriet Sallach (9th Ward). It is expected that each ward will be represented on the committee.

Marijuana Ordinance
A proposal to amend the City's ordinance prohibiting the possession of marijuana anywhere in Evanston remains in the Administration and Public Works Committee for further discussion at the Aug. 11 meeting.

Under the current ordinance, possession of 10 grams or less of marijuana by a minor is considered a misdemeanor and is punishable by a minimum fine of $50 and a maximum fine of $500. A minor, however, who is cited for a violation of the ordinance and who, accompanied by a parent or guardian, brings the violation notice to the police station may pay a fine of $25 and escape prosecution in court.

One proposed change would expand the coverage of the ordinance by making it unlawful for any person to possess marijuana in the City. Another proposed change would delete the reduced fine for minors if they bring a parent or guardian to the police station.

At the July 28 City Council meeting Alderman Ann Rainey, 8th Ward, said reducing the fine "for somebody who brings his mommy to the police station sends a terrible message to that minor and to all children of Evanston."

Alderman Lionel Jean-Baptiste, 2nd Ward, said he felt the proposed changes needed further discussion because minors would be treated the same as adults, and he questioned whether this was legal. Ald. Rainey said the situation was analogous to juveniles who receive parking tickets being treated the same as adults.

Solid-Waste Franchise Held
On July 28, the five aldermen on the Administration and Public Works Committee said they required more discussion on the proposed solid-waste franchise under which the City would choose a company to provide waste-hauling for all businesses and residences not presently covered under City contract. Because some small businesses would have to pay more under the franchise as proposed than they currently pay, and because a representative from Veolia Waste Services said his company could provide lower rates than the company selected by the City to provide water-hauling services (whose identity was not revealed to the public), aldermen requested further discussion. See the July 23 RoundTable for background information.

Rules Committee Explores Ways to Get Payments From Not-for-Profits

By Mary Helt Gavin

Aldermen at the Aug. 4 Rules Committee meeting discussed ways for not-for-profit institutions to contribute to the City's coffers.

Under state law, charitable, religious, educational, eleemosynary and certain other not-for-profit institutions are exempt from paying property taxes. However, according to a Jan. 31 memo from then-First Assistant Corporation Counsel Herb Hill, the City may institute a voluntary payment-in-lieu-of-taxes (PILOT) program; and it may also condition the grant of a special zoning use to a non-profit organization upon the organization's agreement to make monetary payments to the City.

A PILOT program must be voluntary, Mr. Hill's memo said; once agreed to, it would be a tax.

Mr. Hill said "participation in a PILOT agreement can not only contribute to the health of the non-profit's host city, but also generate goodwill in the community." To emphasize the goodwill, he suggested public recognition for the contribution.

Mr. Hill's memo also said, "If a [not-for-profit] seeks a [discretionary] grant (e.g., a special use pursuant to the zoning ordinance), the City has the authority to impose conditions, such as a PILOT agreement on the grant." In other words, the City's granting of a special use would be contingent upon a payment from the not-for-profit organization. The voluntary nature of the PILOT would remain, according to Mr. Hill's memo, because the organization would have the option of declining the PILOT and the special use.

"The Central Street zoning [for National-Louis University's PACE dormitory] was a prime example of that," said Alderman Ann Rainey, 8th Ward. She said she voted against the special use because National-Louis declined to make a payment to the City. Ald. Bernstein agreed that the City could have imposed a payment but said he felt it would have been "wrong" to impose the payment so late in the process.

Some aldermen said they supported the idea of statewide legislation mandating that not-for-profits pay for City services. Alderman Cheryl Wollin, 1st Ward, said, "The benefit of state legislation that every community receive a certain percentage to go toward City services would help. We don't have the power to force [the not-for-profits] to do it." She added that she understood any demand for payments for City services "must be uniform."

Ald. Rainey said, "It's very comfortable for people to rely on the state, because it never will happen. The problem is that the majority of the Council is not behind getting money from not-for-profits."

Ald. Bernstein said he did not see how an institution that "pays its CEO upwards of $800,000" could be considered a not-for-profit. What's the difference between these institutions and businesses?"

Ald. Bernstein said he thought the first push should be for a local initiative, and then the City could seek legislative assistance.

He urged his colleagues to concentrate on "creating a statute in-house that says all special uses of land require [payments]."

Representative Julie Hamos, who, along with State Senator Jeffrey Schoenberg, attended the meeting, said she would be willing to work with the aldermen on such a proposal. Sen. Schoenberg appeared to be disinclined to support such a measure. He said, "It is certain there would be a protracted legal fight on this issue," which would strain the City's finances. He suggested that, if City officials were to pursue legislation to exact payments from not-for-profits for services, they should meet with the Northwest Municipal Conference and other regional municipal organizations.

The Rules Committee, composed of all nine aldermen, will resume discussion of the issue in September.

Blue Ribbon Committee May Recommend Non-Profits Pay Fee for Fire and Police Services

By Larry Gavin

The Blue Ribbon Committee formed to provide input concerning the unfunded liability in the City's police and firemen pension funds met on July 23 and 31 to discuss drafts of their anticipated report.

A solid majority of the Committee appear ready to accept the estimate made by the City's current actuary that now pegs the unfunded liability at $145 million, up about $5 million from last year. Committee member Peter Morris said, "We have to make clear to the Mayor, to the Council, ‘Sorry guys, we owe the money.'"

Committee Chair Mark Metz said, "The money is already spent effectively. We owe our bill. We have to pay it."

To put it in perspective, Jim Young, who prepared the initial draft of the Committee's report, said the unfunded liability amounts to about $1,900 per person in Evanston or about $5,000 per household.

Under State law the unfunded liability must be fully paid by 2033, although there is some speculation the time frame may be extended. During that time, the City will also be required to pay the normal or current cost accruing during each year to the pension funds.

According to a schedule prepared by the City's current actuary during the budget hearings late last year, the City will be required to pay approximately $530 million to the police and firemen pension funds through 2034 to cover the normal costs and to pay down the unfunded liability.

It does not appear that the Committee will recommend that the City take specific actions to raise additional revenues or to cut expenses, but that it will recommend that City Council explore certain options. Many of the options are those that have been considered in past years during the budget process, such as eliminating the branch libraries, outsourcing trash collection, assessing a fee that covers the entire cost of residential refuse collection, and reducing grants to non-profit organizations that are not providing services the City would otherwise have to pay.

The Committee is also considering several new items. Mr. Metz suggested the Committee recommend that City Council consider charging non-profit organizations that do not pay real estate taxes a fee for the police and fire services they receive. Mr. Metz said, "I'm not grinding an ax against non-profits. …They're part of the fabric of this community. But we can't afford to provide it anymore. We can't afford to provide it free any longer." He added, "I think we need to get real about what the citizens can afford and what they can't."

Mr. Morris said the Committee should recommend the City use zero-based budgeting. Mr. Metz said this would be a fundamental change and represent a different way of looking at the budget. Under this approach, the City would start its budgeting process with every line item at zero, rather than with the amount it spent in the last year. The goal is for the City to assess, from the ground up, what it needs to do to provide essential services and work within its financial resources - it would increase taxes as a last resort. "I'm venting the frustration of many taxpayers," Mr. Metz said.

The Committee may also recommend the City consider a one-time sale of assets or, alternatively, a sale of the cash flow generated from certain assets for a certain period of time. This may allow a one-time infusion of funds into the pension funds.

The Committee will also recommend "best practices" to improve the process of monitoring the status of the pension funds so the same problems do not recur. One recommendation will likely be that the City retain a consulting actuary every three years to review and comment on the reasonableness of the assumptions and methods used by the City's actuary.

The Committee's next meeting is scheduled for Aug. 27.

Plan Commission at the Home Stretch on Downtown Plan

By Mary Helt Gavin

Much of the debate concerning the downtown plan focuses on the Fountain Square triangular lot shown above.

The Plan Commission meets tonight to debate further the details of the downtown plan. The draft plan, which has been under consideration for more than a year, is intended to be the City's framework for downtown growth for the next 20 years.

Commission members have made quite a bit of progress on the plan, said consultant John LaMotte, and they hope to submit a recommended draft plan to City Council (by way of the Planning and Development Committee), which has the ultimate vote, within a few weeks.

Commission members have agreed on most of the concepts for the plan; the major topics left to be debated relate to maximum building height in two of the transition areas and in the downtown core.

Highlights of the Plan: Smart Growth and Form-Based Zoning
The plan is centered on the concepts of new urbanism, smart growth and transit-oriented development. Policies incorporating these concepts promote "in-fill development," that is, adding development to already dense areas, particularly those near transportation, said John LaMotte of the Lakota Group, one of the City's consultants on the downtown plan. Other aspects of smart growth include incorporating sustainability, minimizing travel and the impact of travel and having multimodal streets, allowing for pedestrians and bicycles as well as motor vehicles.

Evanston, particularly the downtown core, already incorporates some of these elements, in that it has several mixed-use developments near the CTA and Metra tracks, bike lanes on major streets and bike paths.

John LaMotte of the Lakota Group, one of the City's consultants on the downtown plan, has said Evanston's downtown is already an example of smart planning, with its residential developments, retail stores, parking garages "and even a grocery store." He also said that Evanston was a "model for cities of this size for smart growth and transit-oriented development."

Looking east on Church Street from the Orrington Hotel. The Library, left, and the Carlson Building, right, are in the foreground.

Form-based zoning - another aspect of the downtown plan - considers a proposed project in relation to the existing buildings and character of an area. Its focus is the "pedestrian experience - how does it feel to walk in this area?" Mr. LaMotte has said.

Review of a proposed new project would focus on the location of a project on the site itself, how the project comports with the other buildings in the area and how the immediate surroundings would be affected by the building. That is, reviewers might look at whether there were sufficiently wide sidewalks in front of the development, enough storefront windows and streetscape enhancements to create pedestrian interest and whether the average height of the buildings on an entire block, with the new proposal added in, would be "too tall" for an area.

Form-based zoning, the consultants said, will eliminate the need for case-by-case requests. "It won't be as arbitrary or capricious as what you have now," Mr. LaMotte has said.

The plan calls for maximum height in the downtown core, the Fountain Square block, tapering down to the residential areas. "Transitional" areas, along Emerson and Lake streets, and Hinman Avenue, for example, would be allowed greater height (Council has already given approval to 14- and 18- story developments on Emerson Street). "Traditional" areas, such as the two- and three-story buildings along west Davis Street, would be the shortest buildings in the downtown area, maintained at their present height but not down-zoned.

The Bonus System
Most of the issues to be resolved by the Plan Commission are dwarfed by the issue of height - a concern that has galvanized much of the community. The draft plan would allow a by-right height as well as additional height if the developer of a project provided additional, specified, public benefits. Additional height is only one of the types of zoning relief a developer could garner from providing the extra public benefit.
Tonight the Plan Commission members may finalize their list of what public benefits would trigger the zoning bonus (additional height, density or relief from the parking-space requirement, for example) and a point-system to rank the public benefits and equate them with the bonuses.

Going into tonight's meeting, the draft plan calls for a maximum by-right height of 28 stories in the downtown area, with an additional 14 stories allowed through the bonus system - that is, if the developer provided sufficient public benefits to qualify for the additional height.

While Commission members differed as to the form a public benefit should take to qualify for a bonus - whether it should be part of the project itself, such as sustainability, underground parking or on-site affordable housing, or whether it could be separate from the project, such as a contribution to a fund for public art or open space on another site - they agreed that the benefits would have to be substantial and long-lasting, since the community would be "stuck" with a project for at least 20 years.

At present the Plan Commission members have agreed that underground parking, on-site affordable housing in excess of the amount required, LEED ranking, landmark preservation, enhancement of open space and enhancement of streetscapes would be eligible for zoning bonuses.

Underground parking: Underground parking was the highest priority of most of the commission members, some of whom thought it should be a requirement rather than a bonusable item. Mr. Woods said he understood that, given the proximity of Lake Michigan and the City's water table, water could be a problem for parking garages more than two stories below ground.

Mr. LaMotte said underground parking could cost $40,000-$50,000 per space, as compared with $5,000-$8,000 per space on surface lots; $20,000-$25,000 per space on a "raw deck"; and $25,000-$35,000 on a "raw deck with architecture."

Above-ground parking with wrap-around habitable space on at least the first floor - whether housing or office space - would make a project eligible for a bonus, the Commission members agreed.

Kirk Bishop of Duncan Associates, another consultant on the downtown plan, said such wraparounds not only improve the look of a development, they also add "eyes on the street," a safety feature advocated by some urban planners.
Tonight the Commission members may consider two approaches to discourage above-ground parking: limiting the height of any parking floor - such as 45 feet above the ground level, so that bigger structures would have to have underground parking - and putting a cap on the floor-area ratio (FAR), allowing only a certain percentage for parking.

Affordable housing: A bonus would be available if more affordable units than the number mandated in the City's affordable-housing ordinance were constructed on-site.

Contributions to the affordable-housing fund, even if above the required amount, would not make a developer eligible for bonuses.

LEED ranking: Achieving a LEED (Leadership in Energy and Environmental Design, a designation of the U.S. Green Building Council) ranking of silver or greater would qualify a project for a bonus. The higher the ranking above silver, the greater the bonus would be.

Johanna Nyden said, "There ought to be something that says, ‘This is a green zone.'"

Charles Staley said he did not know whether raising the sustainability bar so high was "worth it."

Yet other members said they felt the LEED requirement would not be onerous to developers.

David Galloway said, "These [developments] may take two to three years. But by the time a building comes before us, other municipalities will have their own green building ordinances."

Coleen Burrus said, "Developers say people want to live in Evanston - even in this market. So let's make them act like it."

Seth Freeman said, "We have a gold mine here and it's called Evanston."

Although the matter did not come to a vote, Plan Commission Chair James Woods said he thought LEED certification or silver rating should be a "minimum for any bonus. … [Being] LEED-certified is a no-brainer." He said the additional cost for a certified-silver LEED building would be between 2 and 5 percent of the total.

Landmark preservation: Preserving Evanston landmarks - whether on-site or elsewhere or by contributing to a (not-yet-established) City landmark preservation fund - would make a project eligible for a bonus.

Ms. Nyden voted against making the contributions bonusable, saying she did not "want developers to buy their way out [of landmark preservation]. … If you contribute to off-site projects, the building itself might need something later, [but] the money would be all spent."

Coleen Burrus said, "On-site development just benefits the developers themselves [because it enhances the value of their buildings]."

Carlos Ruiz, preservation coordinator for the City, said, "I feel that giving financial help may allow developers to alter rather than preserve buildings."

Commission member Charles Staley said he felt bonuses "ought to derive and be part of the project, not be scattered all over Evanston."

Open Space: Developers would have three ways to be eligible for bonuses under the "open space" category. One way would be to contribute to a general fund that would be used to enhance existing public parks or open spaces in the downtown area, such as Oldberg Park, along Clark Street, Raymond Park, just south of Grove Street, or Fountain Square. Mr. LaMotte said the City's Site Plan and Appearance Review Committee (SPAARC) could help with the process of deciding which park or parcel would benefit from the contributions.

A second way to bonus eligibility would be for a developer to improve an open space adjacent to the project in such a way as to be deemed a "bonusable" public benefit. The third way to a bonus would be for a developer to "chip out" a corner of the development to make a public plaza; the developers of the Chandler building at Davis Street and Orrington Avenue enlarged the plaza there when they renovated the building several years ago.

Lawrence Widmayer, an associate member of the Commission, said he agreed that making public plazas and open space could make a project eligible for bonuses, and it "could work out if staff recommendation was part of the process."

Ms. Nyden, who did not support much of the open-space eligibility, said, "If the public is going to benefit down the road, [the benefit] ought to be in the [project itself]. I'm concerned about developers' being able to ‘buy' their way into improving the area around their building for [only] a couple of years." She said she felt that one-time items, such as creating open space or landmark preservation, would dilute the public benefit. "They're one-time items and they benefit the developer more than the public," she said.

Streetscape Enhancement: Developers who enhance the streetscape along an entire block or along both facing sides of a block would be eligible for a bonus.

Affordable Office Space: Developers whose projects include affordable office space (sometimes called "Class B office space," because it has fewer amenities than prime offices space) would be eligible for a bonus.

The Plan Commission meeting is scheduled to begin at 7 p.m. in City Council chambers.

Off the Bonus Table: Public Art Installation and Arts Support

The Plan Commission members decided not to award a bonus to a developer for either public art installation or contributions to support local arts organizations.

Mr. Woods said he felt developers chose their own art for their own buildings, and "if they want to put public art on their buildings, they just don't get a bonus for it."

During the discussion, Mr. LaMotte urged the members to consider that the existing public process for review of public art could be used for evaluating eligibility for bonuses. That way, he said, there would be public input and possibly a public benefit. "Public art can be very slippery - ‘eye of the beholder' and all that - but use your process," he added.

Mr. Galloway said, "Design professionals and others in Evanston have been encouraging the City to develop a master plan for art work. There are places and views in the City that would benefit from a piece of art as a focal point. However, it's exceedingly difficult for us to achieve that, given that these places lie in other [private] properties and the funds available are so extraordinarily limited, so we often find now the only art we're getting is the art a developer is willing to put on his own property - which may or may not be … a piece of art. … So I think there is great potential for this [bonus-qualifying money] to go into a fund so when the City has a master plan, where locations of public art would really, truly benefit the streetscape and improve the connectivity from one side of the railroad tracks to the other - I think it could be very beneficial."

Mr. Galloway also said he supported as an item eligible for bonuses contributions to a fund to "restore the old Varsity Theater [concealed in the building on Sherman Avenue that houses the Gap store] for a performing arts center."

Nonetheless, the vote was against allowing bonuses for supporting arts organizations or contributing to public art. Coleen Burrus said her "no" vote was "not that I am against arts, but why put a higher value on arts rather than, for example, education?"

Design Appearance Review: When and How

Plan Commission members appeared to agree at their July 16 meeting on the need for some sort of review process for downtown developments. Commission member Stuart Opdycke said, "I would like an opportunity for someone - the Plan Commission or Design Evanston [for example] - to be able to say to a developer, ‘This is an ugly building and it should not go up.'"

While some members appeared to agree with Mr. Opdycke's sentiments, they continued to work through the process of deliberating the best path to that end.

Design review at present is performed by the City's Site Plan and Appearance Review Committee (SPAARC), composed of several City staff members and, typically, one professional architect. SPAARC committee members generally focus on the site plan rather than the appearance of the building, said Dennis Marino, interim community development director for the City. They look at such things as lighting, setbacks, safety, landscaping and signage, he said; there is very little appearance review.

Several years ago, on the advice of Corporation Counsel Jack Siegel, City Council rejected a proposal for binding appearance review. At present, developments seeking zoning relief are reviewed as planned developments on a case-by-case basis. The planned development review process is a negotiated process through which zoning or other relief is secured in exchange for public benefits.

John LaMotte of the Lakota Group told the Plan Commission members that the form-based zoning code, which informs the downtown plan, can incorporate sufficient standards and guidelines as to eliminate some of the "contentious" aspects of that process.

Some of the "contentiousness" comes in the form of public comment, which Commission member Coleen Burrus said she felt was beneficial. When neighbors weigh in about the impact of a development on a neighborhood, she said, it helps gives Commission members greater insight into the project.

Mr. LaMotte said, "Form-based zoning can provide definite guidelines to take away the unpredictability, the contentiousness and the negotiation," he said. "It will give [City] staff the first cut [at design appearance review] by giving them the tools. It will save City Council and the Plan Commission time and energy - it's not meant to take away power by to cut down on contentiousness." A happy medium, he said, would have guidelines that provide a "wire framework" for designers and allow for "sustainability and creativity."

Green Building Ordinance

Somewhat parallel to the Plan Commission requirement of silver LEED (Leadership in Energy and Environmental Design) rating for downtown buildings is a green building ordinance arising from the Evanston Environment Board. EEB members Len Sciarra and Elizabeth Kinney presented a draft ordinance to the Human Services Committee earlier this month. As presented, the ordinance would require gold LEED rating for City-owned or City-financed buildings and a minimum of a silver LEED rating for all new commercial buildings in Evanston.

Rather than requesting a performance bond from the developers to ensure the building obtains the specified LEED rating, the draft ordinance recommends a penalty for non-compliance, that is, for not achieving the LEED rating.

Walter Hallen of the Community Development Department joined the discussion as aldermen questioned what size of building should trigger the ordinance, whether the costs of achieving LEED rating would unduly burden developers and whether the penalty for non-compliance - revoking the certificate of occupancy - was too steep.

"With thoughtful design, I don't think it's a stretch to ask developers to get a gold rating," Mr. Sciarra said. "One of the whole points about [LEED] buildings is they cost up front but there is a cost-saving for the City - we're buying efficiencies in a sense. … Silver [LEED rating] does not seem to be very stressful in the costing world," he added.

Mr. Hallen and some aldermen on the committee said they thought the proposed revocation penalty was "draconian. … "Imagine doing this after a year of occupancy," he added, referring to the fact the LEED ratings are not completed until several months after the project is finished.

The size of the project that would trigger the ordinance was also debated but not resolved. As written, buildings of 10,000 square feet or more would be subject to the ordinance. Mr. Hallen suggested a threshold of 20,000 square feet.

Alderman Delores Holmes, 5th Ward, said, "As we were finding out with the purchase of hybrid cars, it's pretty expensive to be green. We have to consider the cost."

Mr. Sciarra said, "There is a payback for doing some of this stuff - in two, 10 or 15 years it will pay back. If I were doing a building for the City, I would put money into energy efficiency, which is cost-saving."

The Human Services Committee may begin discussion of the proposed ordinance as early as September. Any ordinance will have to have City Council approval to be effective.