States Attorney: No conflict for Spain

States Attorney Kevin Lyons“States Attorney has opined,” city attorney Randy Ray wrote to me today. He was referring to the opinion on whether recently-elected city councilman Ryan Spain could serve or whether he would be violating the Public Official Prohibited Activities Act. The States Attorney says no, Spain would not be in violation of state law by serving on the council.

Here’s the opinion from States Attorney Kevin Lyons. Or, you can read it below by clicking the “Read the rest of this entry” link. I’ll have a wrap up of the opinion later. I don’t have time to write a summary now.

Continue reading States Attorney: No conflict for Spain

Illegal immigrants demand rights

The Chicago Tribune reports (registration required) that tomorrow there’s going to be a huge protest rally in Chicago to oppose deportation raids of illegal immigrants:

Organizers are encouraging immigrants to attend with two demands: to inform about the k1 visa income requirements in 2019, raids cease while Congress considers immigration reforms and that reforms make it possible for the country’s 12 million undocumented immigrants to gain legal status.

Stop the InvasionIt never ceases to amaze me how a group of people (and I’m speaking of illegal immigrants, not legal ones) who flagrantly break our laws and take our jobs can then play the part of victims when they’re caught and demand special rights without ever acknowledging their hypocrisy. I’m not saying the nation’s immigration policy isn’t in need of a serious overhaul, but this action is completely inappropriate.

And I’ve never quite figured out why, if all these illegal immigrants are out marching in the open and they by definition have no constitutional right to do so, the police don’t just round them up and deport them. Is that too harsh?

Spain to be sworn in on Tuesday

Ryan SpainA source tells me that city attorney Randy Ray put a note in council packets this week informing City Clerk Mary Haynes she can swear in Ryan Spain on Tuesday even though questions regarding his eligibility remain unresolved. As of Friday, Ray was still waiting for an opinion from the states attorney’s office on whether Spain’s service on the council would be prohibited under state law. Apparently, there is nothing legally prohibiting Spain from being sworn in while the matter is being investigated.

Granted, as has been pointed out numerous times, I’m no lawyer. But this course of action seems a little risky to me when you consider that violation of the Public Officer Prohibited Activities Act is a felony. If I were Spain, I wouldn’t let them swear me in until the uncertainty surrounding this issue was settled. Or short of that, I would at least consult with my lawyer before agreeing to go along with the city attorney’s interpretation.

Chamber of Commerce inconsistent on tax increases

Here’s an interesting postscript to the library referendum vote. The last time the idea of a property tax increase was floated was in 2003 when some city council members suggested it to eliminate the dreaded garbage fee. At that time, the Peoria Area Chamber of Commerce had this to say (according to City of Peoria minutes from 11/25/2003):

Ms. Roberta Parks, 124 S. W. Adams, Suite 300, Chief Operating Officer of the Peoria Area Chamber of Commerce, requested that the Council vote against a property tax increase. She said a property tax increase would send a negative message to the business community and it made it more difficult to encourage business expansion and attracting new business to the area.

But this year, during the library’s push for a property tax increase, the Peoria Area Chamber of Commerce endorsed that tax increase.

The inconsistency is especially surprising when you consider that, if we were to raise property taxes enough to eliminate the “garbage fee,” which actually has nothing to do with garbage but rather pays for police patrols and general deficit relief, it would cost $36 more annually on a $100,000 home. If the City Council passes the library referendum, which would update some branches, close a couple in south Peoria and build a new branch in north Peoria, it will cost $50 more annually on a $100,000 home.

Did you catch that? Eliminate garbage fee = +$36/year for $100,000 home. Library referendum = +$50/year for $100,000 home.

Does the Chamber think that increasing taxes for police protection will hurt business, but increasing taxes for libraries will help? What message are they trying to send?

Updated 4/30/2007

New Urbanism in 10 minutes a day, Pt. 1

I found a great video of Andres Duany talking about “new urbanism” on YouTube. Duany was the consultant that came to Peoria in 2002 and wrote the Heart of Peoria Plan. This video is a lecture he gave in San Antonio, but the principles are the same. It’s about 90 minutes long total, but it’s broken up into nine 10-minute segments for easy viewing.

I’ll featuring one segment a day for the next nine days. (Of course, if you just get caught up in it and can’t wait to see the next part, just go to YouTube and search for “Andres Duany.”) Part 1 covers: “Introduction; Background; Suburban sprawl patterns; the four major components; public realm/private realm.”

Feel free to discuss each of these in the comments section.

Cardinals pitcher killed in car wreck

Josh HancockTonight’s game between the Cardinals and Cubs was postponed indefinitely due to the tragic death of Cardinals pitcher Josh Hancock. He apparently ran into the back of a tow truck on I-64 in St. Louis about 12:30 a.m. Sunday morning. He was 29 and single. MSNBC has a picture of his SUV after the accident and, let’s just say, it’s easy to see why he didn’t survive. It’s shocking.

It was only five years ago that another young Cardinals pitcher died. “Pitcher Darryl Kile was found dead in a Chicago hotel room in June 2002. The 33-year-old Kile died of a coronary artery blockage.”

Eight murders so far in 2007

HomicideSo far this year, there have been eight homicides (i.e., murders) in Peoria, and it’s not even May yet. That’s an average of two murders per month. Lest we forget the citizens and neighbors we’ve lost, here are their names, ages, and when they were killed:

  1. DeAndre Allen, 18 (1/1)
  2. Virginia K. Mallow, 72 (1/13)
  3. Domonique Alexander, 16 (1/25)
  4. David L. McCreary, 35 (1/26)
  5. Tamara Gregory, 42 (4/7)
  6. Anthony D. Hart, 32 (4/16)
  7. Dequarrius Sims, 17 (4/22)
  8. Carlyts Bovan, 22 (4/27)

Anyone have any ideas on how to cauterize this wound on our city? I have this poignant feeling of helplessness whenever I think about these senseless killings.

The future of Peoria is in your hands

Peoria LogoThe City is embarking on an 18-month process to completely rewrite Peoria’s Comprehensive Plan, and you can be a part of it! There will be a number of community workshops and public hearings held so the Planning Commission and Planning & Growth Department can get as much public input as possible. If you’ve ever wanted to have a say in what the city’s vision should be or where the city is going, this is your chance. Here’s an informational flyer on it.

I know you’re all just dying to know the history of the Comprehensive Plan, so here it is from the 1973 Comprehensive Plan:

Planning in Peoria

As the city has grown, so has the planning process. The need for planning was first recognized in the late 1920’s with the “City Beautiful” movement being the stimulus.

On November 1, 1927, the City Council passed an ordinance creating a City Planning and Zoning Commission under the State Enabling Act approved June 24, 1921. On December 22, 1927, a contract was drawn for a “Comprehensive City and Regional Plan” to be done by Harland Bartholomew and Associates of St. Louis, Missouri. The plan was finally completed and adopted on March 15, 1932, and was entitled “A Comprehensive City Plan.” The planning process was only in its infancy in those days and the plan made certain recommendations but in respect to land use did little more than recognize what was existing.

The Commission remained intact and processed zoning requests and subdivision plats, but there was never a technically trained staff until a Planning Director was hired in 1958. In 1959 the staff began a Master Plan Study to obtain the needed guidance on such diversified matters as zoning, urban renewal, highway locations, utilization of future land use, and many other issues. The plan was completed in 1960 and entitled Planning Peoria… A Master Plan Report.

The annexation of nearly all of Richwoods Township in December of 1964 increased the emphasis on long range planning. The annexed area contained approximately 30,000 people but its ultimate capacity was projected at nearly 100,000. The chance to guide future growth lead to the developing of neighborhood future land use maps, the updating of the subdivision and zoning ordinances, the thoroughfare plan, and a number of background studies. The Long Range Planning Section was increased in 1971 and a scheduled program was begun to produce a completely new plan to replace the 1960 plan. This is the culmination of that effort.

The 1932 plan they mentioned was actually passed by the City Council in pieces between 1927 and 1932. The complete plan was published in 1937 along with an executive summary under separate cover. Both these documents are available at the Peoria Public Library (reference only). It’s interesting to peek into the minds of planners in 1937 Peoria by reading the executive summary, titled, “Planning a Greater Peoria”:

Why a City Plan?

Peoria grew, as did the majority of American cities, without planning for the future. AS cities grew larger and began to review the results of their labors, they were appalled to realize the harm resulting from planless haste. Streets had been laid haphazardly, existing streets were too narrow to care for the traffic demand, houses had been built so close together as to exclude air and sun. People soon discovered that their cities were neither efficient nor attractive, and realized that if they were to save their investments something must be done, not only to correct past mistakes but to see that such mistakes never again occurred.

What is a City Plan?

The demand for comprehensive city planning, which aims to bring about order in the physical development of the entire city, was the result of such realization. City planning is that phase of municipal activity which analyzes the character and probable extent of urban growth, suggests certain physical readjustments, and provides for the proper development and coordination of all future improvements. Properly administered it will make possible the gradual and economical development of an efficient, healthful, attractive city, free from the physical defects that hamper business and living conditions. City planning is essentially concerned with the physical elements of cities rather than with legislative and administrative matters. In brief, it provides a long-term program for physical improvements instead of the usual aimless and haphazard growth. Several thousand people may have some excellent ideas about the development of the city, but unless all ideas are brought together and properly revised and coordinated in a single comprehensive plan, it is impossible to expect anything but chaos in the city’s growth. The city plan is a beneficial instrument affecting the lives of all inhabitants, and should transcend all selfish consideration.

Fast-forward seventy-five years and, while the 1932 plan was not executed exactly as proposed, the fundamental concepts were incorporated into all subsequent plans: wider streets, less density for residential areas, and adoption of the first zoning ordinance for Peoria, beginning the regrettable process of strictly segregating land uses. The same concepts were perpetuated in the 1973 plan, which covered the newly-expanded city that was doubled in size by the annexation of Richwoods Township.

We’ve seen those plans come to fruition, and the result is not the “efficient, healthful, attractive city” we were promised. As a result, the Heart of Peoria Plan, adopted in principle by the City Council in 2002, completely reversed the plan put in motion seventy years earlier, at least for the HOP Plan area.

A lot of citizens were involved and a lot of work was done to put that HOP Plan together, but it only covered 8,000 acres of the city — more or less everything south of War Memorial Drive. The Comprehensive Plan (as its name indicates) covers the entire city, which stretches north practically all the way to Dunlap today. This document that will be created between now and the end of next year is going to be “the guiding document for development over the next ten to twenty years.” What’s our vision for the rest of the city?

Remember, the City is going to go by the public input they get from these meetings — if you don’t go and express your opinion or your wishes, the City won’t hear you and they won’t take your voice into account. So, it’s up to you. The future of Peoria is in your hands.