Jackson Park Watch Update – September 22, 2018

Greetings, all,

The flurry of Jackson Park activity has continued this week.  Here is the latest:

Protect Our Parks lawsuit discovery begins, City’s “no connection” claim dismissed

On Thursday, 9/20, as reported in the Sun-Times and the Herald, there was another hearing in the lawsuit filed by Protect Our Parks to prevent the construction of the Obama Presidential Center in Jackson Park.  The hearing addressed POP’s recent motion to halt work on the new track in Jackson Park on the grounds that it violated the judge’s stay on construction relating to the Obama Presidential Center until the lawsuit was settled.  (POP’s motion had been filed prior to Monday’s announcement by the Park District that work on the track would be stopped until the federal reviews of the proposed OPC and related changes to the park were complete.)

POP documented the intertwining of the OPC and the track project, citing the language of the “donation agreement” signed in February by which the Obama Foundation agreed to pay for the track relocation because “the site selected for the OPC would necessitate the relocation of an existing multi-use artificial turf field with a running track.”   POP also noted the text of the Chicago Plan Commission resolution of May 17 approving the application for the track project, which included the condition “THAT the final application is subject to continuing review under the National Environmental Policy Act and the National Historic Preservation Act….”

In response the City and Park District continued to assert that the OPC and the track construction were “separate” projects even as they acknowledged that the track project was now on hold.  They tried to focus only on the OPC, emphasized that a new ordinance authorizing the OPC was being introduced in the City Council even as the court hearing was in progress, and asked that further action on the POP lawsuit be delayed until that ordinance has been voted on by the City Council at its Oct. 31 meeting.  They emphasized that the new ordinance would create a “user agreement” rather than a “lease agreement.”

The judge expressed disappointment with the City’s arguments and declined to delay further consideration of the POP lawsuit beyond the October 24 hearing date already set.  He also gave POP full authority to commence the discovery process to secure documents relating to the development of plans for the OPC from the City and Park District

Read the fine print

As noted above, Mayor Emanuel introduced an ordinance to City Council on Thursday 9/20 to amend the 2015 Ordinance transferring land from the Park District to the City in order to offer the Obama Foundation space in Jackson Park for the Obama Center.  The new ordinance redefines the site to be used for the OPC – now annexing portions of Cornell Drive and of the Midway Plaisance eastbound drive (both roads to be closed) and enfolding the Perennial Garden into the OPC campus.

The 120-page document requires a lot of study.  We are investigating it with particular attention to the issues of public control of the site and costs to taxpayers when all is said and done.  Look for more information as our review progresses.

Attached to the ordinance are three agreements between the City and the Obama Foundation that are of particular interest.  They would be enacted after the ordinance is approved:

  • Exhibit D:  Use Agreement detailing the restrictions governing the Obama Foundation’s use of the space in Jackson Park.  Details are such as term limit and “consideration” (99 years for $10), admission fees, naming rights, maintenance, insurance, construction commitments, public access, etc.
  • Exhibit E:  Master Agreement detailing City ownership, land title, financing, Foundation endowment, etc.
  • Exhibit F:  Environmental Remediation and Indemnity Agreement detailing responsibility and liability for any environmental hazards on the site.  The City is to pay up to $75,000 for environmental testing.  The City would be liable for the costs of any remediation work.  Since the site has a very high water table, this could be substantial.
  • Also attached are Exhibits G, H-1and H-2, which describe the transportation improvements to be implemented by the Chicago Department of Transportation on behalf of the OPC.  It is notable that the Exhibits include no information about the cost or sources of funding for the road work (estimated to be some $175 million – or more – all to be paid by taxpayers).  Also notable is that the documents relate only to road work, with no reference to public transit improvements.

We encourage interested people to explore the materials first hand. You can find the proposed ordinance via the Legislation database of the Office of the City Clerk:   Open the attachment – O2018-7136.pdf – that is highlighted in blue at the bottom of the form.

The ordinance has been referred to the Committee on Housing and Real Estate, and is expected to be brought up for approval at the City Council meeting on October 31.

NPS solicits community views on recreation, parkland replacement

In the last Update, we encouraged people to write Morgan Elmer of the NPS, now leading the NEPA review of the proposed OPC and related road changes. At the September 17 public information meeting about the NEPA review, Elmer and other NPS staff who were present said that they are very interested in hearing from community members.  We know that she has acknowledged, with thanks, comments that some have already submitted.

We’ve since been asked for some ideas for such letters.  Based on our conversations with NPS staff on 9/17, here are some thoughts:

*  One topic of interest to NPS is how community members currently use Jackson Park, whether for active recreation (soccer, running, biking) or passive recreation (birding, walking, fishing) — and how they would like to use it in the future.

*  Another is community views on whether the east end of the Midway should be used as the replacement site for the baseball diamonds demolished when the Park District jump-started its new track/field project, now on hold  – or not.   (Note that the existing track field is still in good shape and is used daily).  Contrary to City reports, the NPS has not yet made any final determination.

* Another is the question of whether community members believe that the OPC site would be the equivalent of a public park as the City and Obama Foundation assert, and thus that virtually no parkland replacement should be required, or whether replacement parkland for some portion or most of that site should be required.

We repeat our suggestion that letters be sent to both Morgan Elmer (morgan_elmer@nps.gov  and Abby Monroe (abby.monroe@cityofchicago.org).  Sending them to both ensures that they will be entered into the public record.

Your support still needed!

As this information makes clear, consideration of the proposed changes to Jackson Park is entering a critical phase at both the city and federal levels.  Your financial support helps ensure we have the expertise we need.  Please send a donation via check to Jackson Park Watch at P. O. Box 15302, Chicago 60615.

Brenda Nelms and Margaret Schmid
Co-presidents, Jackson Park Watch

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