Category: News

Vote “no” on the proposed constitutional amendment to create a “transportation lockbox”

Updated Oct. 10 with more examples of why this could be a problem. Updated Oct. 13 to include CMAP’s review of the amendment. I also posted an alternative version on my new Medium account

Illinois voters are being asked in the current election – early voting has started – to support or opposed a constitutional amendment that would restrict spending of certain revenue sources.

The amendment to the Illinois constitution says that revenues derived from transportation sources – gas and related taxes, license and registration fees, sales taxes for transit, airport fees – can only be used to fund transportation initiatives. (see full text below).

The problem this amendment intends to solve is that sometimes Illinois legislators spend transportation funds on non-transportation projects, people, and services, depending on their priorities at the time – even when existing laws says they can’t.

Your ballot says: “The proposed amendment adds a new section to the Revenue Article of the Illinois Constitution. The proposed amendment provides that no moneys derived from taxes, fees, excises, or license taxes, relating to registration, titles, operation, or use of vehicles or public highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports, or motor fuels, including bond proceeds, shall be expended for other than costs of administering laws related to vehicles and transportation, costs for construction, reconstruction, maintenance, repair, and betterment of public highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation, and other statutory highway purposes, including the State or local share to match federal aid highway funds.”

A “yes” vote means you want the Illinois Constitution to have this amendment.

A ChiHackNight member asked the #transportation channel in our Slack about this amendment.

Just got my copy of Proposed Amendment to the Illinois Constitution and bicycle and pedestrian paths are perhaps intentionally not listed as possible places to spend transportation tax revenue. Thoughts?

Very little (oh, so little) money is spent on bike and pedestrian things. Despite what you’ve read, there’s no way to guarantee that the recovered money – the small portion that’s being diverted – would be used to enlarge the pot spent on bike, pedestrian, or transit projects.

Existing laws dictate how the money is supposed to be spent

Many of the money categories in the amendment are already protected by either state or federal law. For example, the Passenger Facility Charge that each airline traveler pays to each airport on their itinerary can only be used on certain capital improvement and maintenance projects at that airport. The PFC differs by airport.

And just so we’re clear, there is no such thing as a “road tax” or “driving tax” in any part of Illinois. There is no fee for anyone to use the roads. What gas taxes are supposed to be spent on, first, and then allowed to be spent on, second, are defined in 35 ILCS 505/8 (from Ch. 120, par. 424). 

Bike lanes and sidewalks are rarely called out separately because they are part of streets and roads, which are funded, and I don’t think it’s significant that the constitutional amendment doesn’t list “bicycles” and “pedestrians”.

It’s up to IDOT and other agencies that have jurisdiction over a road to choose to include those things as part of larger road changes. This constitutional amendment won’t change any policies, which are already mildly supportive of bike and pedestrian infrastructure.

Priorities and policy makers are the problem

I oppose this on the grounds that it restricts setting state priorities while it doesn’t actually prioritize anything within transportation.

Sometimes there are things that are more important than what the state buys with transportation money.

I have a huge problem with those things it buys, though. The priorities that Illinois legislators have for spending transportation moneys isn’t going to improve.

The state built the MidAmerica-St. Louis airport in Mascoutah for $313 million to serve as a “secondary” airport to the St. Louis airport. It opened in 2000. There are only flights to tourist destinations in Florida; the St. Louis airport never had a capacity problem.

The Illinois Department of Transportation wants to extend the St. Louis light rail through rural areas for 5.3 miles, but is still obtaining funding. However, they are spending about $300,000 annually on something for this project.

Illinois budget line item screenshot

A screenshot of the Illinois FY17 enacted appropriations showing spending $330,010 annually for a project to extend a light rail station to an underused airport that cost the public $313 million.

That is exactly the kind of thing that has to stop and this amendment doesn’t do it. That money can still be spent on bad projects. There’s no shortage of bad projects, but there’s also no shortage of good projects that don’t get funded. States are already spending most of their money on new roads instead of maintaining existing ones.

Since projects are often selected and prioritized to serve political needs, and politicians oversee specific geographies, good projects will still linger in some geographies while bad projects are implemented in others.

In other words, the $300,000 on spending for the light rail extension to the underused airport can’t go to build pedestrian overpasses along well-used multi-purpose trails in DuPage County. It’s going to stay in that downstate legislator’s district because “economic development”.

Staff at the Chicago Metropolitan Agency for Planning, Chicagoland’s designated regional planning organization, issued a memo to the board a few days before I wrote this describing that the amendment is “unclear” on so many topics. They cite their discussions with unnamed amendment proponents who explain how the lack of clarity won’t be a problem because the General Assembly can pass laws clarifying that bike lanes won’t need a dedicated user fee if the amendment passes and that it doesn’t impinge on the rights of home rule cities to use gas taxes as they need to.

Spending is based on politics, not performance or need

With the amendment, the state will have to dream up some other transportation project in that district – I see a highway widening in their future. Without the amendment, the state could use that money for an important project in that area, but even that isn’t supposed to happen because the state already has laws dictating how project-specific bond funds can be spent.

This is also the problem with the Illiana Tollway that Governor Quinn so much wanted to build to gain favor with Southland legislators.

Whatever the case is, adhering more to performance (merit) measures on transportation spending – rather than political and district appeasement – is the most important change we can make.

It makes us inflexible

Finally, I question the amendment text. It’s hardly possible or easy for us non-legislators to know if the text covers everything that transportation funds are currently allowed to be spent on. What if there’s some project that turns out not to be an eligible recipient for these funds? Do we wait for the next election when we can get another constitutional amendment on the ballot, or hope that the Illinois Supreme Court will interpret the amendment to favor that project?

In fact, we already have a lot of laws that say how transportation-derived moneys are to be spent. The amendment, then, is a solution to the problem of trusting our state legislators.

The Civic Federation says that money is transferred from the various transportation funds to close budget gaps. “Limiting access to transportation-related revenues such as motor fuel taxes and motorist user fees could put additional strain on the State’s general operating resources” and “similarly affect local governments”. They also said that year-to-year figures of transfers and diversions have been calculated differently.

Additionally, DOT workers’ pensions may be paid for by transportation funds. Does this amendment cover that provision? If not, where else in the state’s budget would their pensions be funded?

Some of the work done by staff at other state departments is funded by some transportation user fees. Would the lockbox cut off their funding supply? A little of the work each department can be considered transportation related, but will the road lobby proponents of this amendment see it that way?

I dislike the inflexibility the amendment creates. Constitutions are meant to protect our rights. I don’t think that there’s a right that gas taxes must be used to pay for roads, while a sliver goes to build new CTA stations.

My writing partner at Streetsblog Chicago, John Greenfield, wrote an article that interviewed leaders at three transportation advocacy groups who were all in favor of the proposed amendment. The Tribune editorial he responded to is against it because it seems like a scam that the road lobby is promoting.

I am not in favor of the amendment.

Should the Recorder of Deeds office go away?

House of the Day #33: 3302 S. Normal

A “house” in Bridgeport at 3302 S Normal Avenue. The photographer, Eric Allix Rogers, noted in the caption that he saw on the Recorder of Deeds website that it was in foreclosure (in 2010).

When you vote in Cook County the general election this fall, which has already started here, you’ll find a question on the ballot asking you if the Recorder of Deeds office should be folded into the Clerk’s office.

It should.

The referendum is binding, and would take effect in 2020, the year of an election for a county recorder. There’s an election this year for county recorder and incumbent Karen Yarbrough is the only candidate.

The move will save taxpayer money, according to the Civic Federation, but which Yarbrough doubts. The consolidation is one step towards having a single office manage all of the county’s property records.

Currently four offices – all of which are elected – manage information about property: The recorder keeps track of property ownership and transaction; the assessor determines property value; the treasurer collects property taxes; and the clerk sets the tax rates.

Yarbrough deserves credit for the electronic record keeping innovation she brought to the office. A consolation is a further innovation. Yarbrough is correct that the recorder and clerk offices don’t have overlap, but there are efficiencies that can be devised and implemented as these two offices – along with the other two offices – exist for the same purpose: to collect property taxes.

Chicago Cityscape also advocates that the four property tax offices adopt open data policies that make property ownership, value, and tax rate info accessible.

Barcelona’s superblocks are being implemented now to convert car space to people space

Most of the urban block pattern in Barcelona is this grid of right angles (like Chicago) with roads between blocks that range from small to massive (like Chicago). Barcelona’s blocks, called “illes”, for islands*, are uniform in size, too. This part of Barcelona is called Eixample, designed by ldefons Cerdà in 1859.

The city is rolling out its urban mobility plan from 2013 to reduce noise and air pollution, and revitalized public spaces. Part of this plan is to reduce car traffic on certain streets in a “superblock” (the project is called “superilles” in Catalan) by severely reducing the speed limit to 10 km/h.

Vox published the video above, and this accompanying article. The project’s official website is written in Catalan and Spanish.

My favorite quote from the video is when someone they interviewed discussed what tends to happen when space for cars is converted to space for people:

“What you consistently see is when people change their streetscapes to prioritize human beings over cars is you don’t see any decline in economic activity, you see the opposite. You get more people walking and cycling around, more slowly, stopping more often, patronizing businesses more. That center of social activity will build on itself.”

A superblock is a group of 9 square blocks where the internal speed limit for driving is reduced to 10 km/h, which is slower than most people ride a bicycle.

A superblock is a group of 9 square blocks where the internal speed limit for driving is reduced to 10 km/h, which is slower than most people ride a bicycle. That’s the second phase, though. The first phase reduces it first to 20 km/h. During phase 2, on-street parking will disappear. In addition to the reduced speed, motorists will only be able to drive a one-way loop: into the superblock, turn left, turn left, and out of the superblock, so it can’t be used as a through street even at slow speeds, “allowing people to use the streets for games, sport, and cultural activities, such as outdoor cinema” (Cities of the Future).

A grid isn’t necessary to implement the “superblock”; it can work anywhere.

In Ravenswood Manor, the Chicago Department of Transportation is testing a car traffic diverter at a single intersection on Manor Avenue, where drivers have to turn off of Manor Avenue. This effectively creates a small superblock in a mostly residential neighborhood, but one that is highly walkable, because schools, parks, a train station, and some small businesses are all within about four blocks of most residents.

The trial is complementary to an upcoming “neighborhood greenway” project to use Manor Avenue as an on-street connection between two multi-use trails along the Chicago River.

The Vox video points out that “walkable districts are basically isolated luxury items in the United States”. I agree that this is often the case, although NYC, pointed out as a place where people spaces are being made out of former car-only spaces, is spreading its “pedestrian plaza” throughout all boroughs.

Ravenswood Manor is a wealthy area, but the reason this project is being tried there and not one of the dozens of other places where a lot of car traffic makes it uncomfortable or dangerous to walk and bike is because of the need to connect the trails.

photo of a temporary car traffic diverter

These temporary car traffic diverters are set up at Manor Avenue and Wilson Avenue to force motorists to turn off of Manor Avenue while still allowing bicyclists and pedestrians to go straight. Photo: John Greenfield

The diverter should drastically reduce the amount of through traffic in the neighborhood. Its effect on motorists’ speeds will be better known when CDOT finishes the test in November.

A worker installs a barrier identifying the entrance to a “superilla” (singular superblock) last month. Calvin Brown told me, “I prefer the name ‘super islands’ because it is more poetic and captures the peaceful setting that they create.” Photo via La Torre de Barcelona.

I see a connection between the “superilles” plan in Barcelona, and what CDOT is piloting in the small neighborhood. The next step for CDOT is to try iterative designs in this and other neighborhoods and start converting asphalt into space for other uses, but we may have to rely on local groups to get that ball rolling.

I had the great fortune of visiting Barcelona a year ago, and I had no idea about the plan – but I was impressed by Cerdà’s design of Eixample. I will return, and next time I’ll spend a little time bicycling around.

The rate of change on city streets: USA versus the Netherlands

ThinkBike 2013

One of the people in this photo is Dutch. We’re on the Dearborn bike route installed downtown in 2012. The next downtown protected bike route was installed in 2015 serving a different area. However, the Dearborn bike route has become so popular that it’s size and design (t’s a narrow, two-way lane) are insufficient for the demand (who knew that bicycling in a city center would be so high in demand, especially on a protected course?) and there are no plans to build a complementary facility to improve the conditions.

My friend Mark wrote the following paragraph on his blog, BICYCLE DUTCH, relating the need to change a city and its streets to the way families change the contents of essential parts of their homes. In other words, cities and streets are like our living rooms and they must also change as we change.

Think about your living room, chances are you change it completely every 15 to 20 years. Because you need a wider sofa for the expanding family, or because you rightfully think that table has had its best years. Maybe the extra big seat for granddad is sadly not needed anymore. Of course, things can’t always be perfect: you have a budget to consider and it is not so easy to change the walls. Replacing things does give you the opportunity to correct earlier mistakes and to get the things which are more useful now. While you are at it, you can also match the colours and materials better again. Our cities are not so different from our living rooms. Just as families grow and later decrease in size again when the children leave the house, the modal share of the different types of traffic users changes over the years. These shifting modal shares warrant changes to the street design. So you may need some extra space where it was not necessary before, but if you see less and less of a certain type of traffic, its space can be reallocated to other road users.

What I really want to talk about is the rate of change in the Netherlands. I’ve visited Mark’s home in s’Hertogenbosh (Den Bosch), and we’ve walked around Utrecht.

One thing he told me, which is widely evident, is that the Netherlands is always renewing its streets. Or it has been for decades (maybe since World War II). They update street design standards regularly and streets that no longer meet these designs (or a few generations back) are updated to meet them.

Now, the two changes – updating the standards and updating the streets – don’t happen so gloriously hand in hand. Just like in the United States it takes a couple of years to come up with the right design.

The difference between our two countries is the regularity in updating the designs, and the regularity in updating streets.

I’ll lead with one example in Chicago and ask that you tell me about projects in your city that repair what’s long been a pain in the ass.

An intersection in the Wicker Park neighborhood got modern traffic signals, added crosswalk signals (there had never been any), and a stupid, sometimes dangerous little island removed. One of the four legs didn’t have a marked crosswalk. The state of Illinois chipped in most of the cost of the update – this was known at least four years before the construction actually happened.

When I wrote a blog post about the project for Grid Chicago in 2012, I found a photo from 1959 that showed the intersection in the same configuration. I also wrote in that post that the construction was delayed from 2012 to 2013. Well, it got built in 2014.

Milwaukee & Wood ca. 1959

Intersections like this – with difficult-to-see traffic signals that motorist routinely blow past, missing crosswalks, and curb ramps that aren’t accessible – persist across Chicago in the state they’ve been in for 55 or more years.

The “reconstructed bicycle route” that Mark discusses and illustrates in his blog post is known to have been updated at least once a decade. He wrote, “pictures from 1980, 1998 and 2015 show how one such T-junction was changed several times. The protected intersection went through some stages, but having learned by trial and error, the design we see now is one that fits the present ‘family’ best.”

Three books by well-known city transportation planners have all been published within months of each other. I read and reviewed Sam Schwartz’s “Street Smart”, and I’m reading Janette Sadik-Khan’s “Street Fight“. Gabe Klein’s “Startup City” is the third. All of them advocate for new designs to match the changing attitudes and needs cities have. Actually, the needs of the cities haven’t really changed, but our attitudes and policies – and the politics – around how to update cities has evolved.

I don’t know what can spur all of these seemingly minor (they’re no Belmont Flyover) infrastructural updates. I don’t think a lack of money is to blame. I think a lack of coordination, staffing, and planning ensures that outdated and unsafe designs remain on city streets.

P.S. The Netherlands “renewal” attitude isn’t limited to streets. The Dutch national railway infrastructure company “ProRail” (which is “private” but owned by the government) has been completely replacing all of the primary train stations. The Dutch have been rebuilding dikes and building flood control projects for decades, many under the common name “Delta Works”.

Here’s a photo in Nijmegen where the government was building a new, bypass canal that would ease a shipping route, create a controlled flood area, a new recreation area, but that would also displace homes.

Easily find TIF districts in your ward but good data on their current obligations is missing

Ald. Ameya Pawar speaks to the Board of Education (WBEZ/Bill Healy)

Alder Ameya Pawar is willing to give back TIF money from projects in the 47th Ward to the Chicago Public Schools. Photo: Bill Healy for WBEZ

Alders Ameya Pawar (47th), Pat O’Connor (40th), Joe Moreno (1st) and Pat Dowell (3rd) are introducing a resolution at today’s budget committee to ask all alders to choose and stop certain TIF-funded projects in their wards (instructions on how to find TIF districts are below) so that the money can be declared as a surplus.

Part of the surplus would be given to the Chicago Public Schools, where it would have gone had property tax revenue never been diverted to the TIF.

What is TIF? Quick answer: All of the new property tax revenue generated after the date the “Tax Increment Financing” district took effect goes to a fund that can only be spent on certain kinds of projects within that district, while all of the property tax revenue generated at the amount that was collected just before the district took effect continues to go to the city, the school district, and other taxing districts.

Alder Pawar has already picked $16.5 million worth of projects that he’s stopping in order to give back the money to schools.

It’s still very difficult to know how much unallocated money is in a TIF district’s bank account (what is essentially surplus). It’s also still very difficult to figure out which projects have had money allocated to them (called an obligation) but not yet spent.

Patty Wetli reported in DNAinfo Chicago yesterday:

The resolution works as a companion to legislation [actually a resolution] previously introduced by Ald. Carlos Ramirez-Rosa (35th), which called for the city to funnel unallocated TIF dollars back to CPS. [read the resolution]

Rather than allowing Mayor Rahm Emanuel and his budget office to decide where to sweep for TIF surplus dollars, Pawar said aldermen should be leading the effort, stating which TIF projects they’re willing to give up.

Instructions to find TIF districts in your ward

You can use Chicago Cityscape’s Places maps to easily find which TIF districts overlap any of the 50 wards.

  1. Find your ward. Use the 3rd Ward, Alder Pat Dowell because Wetli already explored the 47th Ward TIF districts.
  2. Scroll down to the table called “3rd Ward, Ald. Pat Dowell’s Nearby Places”.
  3. Type “TIF district” in the table’s search form. Gasp at the fact that there are 17 districts that overlap the 3rd Ward.
TIF districts that overlap the 3rd Ward (Alder Dowell)

This screenshot shows 10 of the 17 TIF districts that overlap the 3rd Ward.

Let’s look deep at the TIF district called “24th/Michigan”, 76.7 percent of which is in the 3rd Ward, has several millions of dollars in obligations to vaguely-described projects, to continue paying for already-built projects, or future projects. This includes $6.4 million for the Cermak Green Line station and $4.5 million annually for an unspecified project at the National Teachers Academy pursuant to an intergovernmental agreement with the Chicago Public Schools.

24th/Michigan TIF district

A map of the 24th/Michigan TIF district.

The National Teachers Academy project isn’t even on the city’s mildly useful TIF projects map.

Alder Dowell has her work cut out for her to find projects that are in both the 3rd Ward and in one of the 17 intersecting TIF districts that she would be willing to cut so that the Chicago Public Schools are less broke. The same arduous but noble task belongs to all of the other alders as well.