Peoria Riverfront Museum not destined for National Historic Register

The Peoria Riverfront Museum is nearing completion, and we’re starting to get a pretty good picture of what the finished product will look like. In particular, we’re getting a look at the exterior building materials: grey metal building panels. They don’t look quite as sleek in real life as they did on the artist’s renderings that were shared with the public five years ago:

Peoria Riverfront Museum as of May 2012
Photo courtesy of Steven E. Streight.

But read how the building designer describes these exterior panels:

When finished, building designer Bob Frasca envisions the panels “will reflect a shimmer of light across the building’s surface much like light dances across the Illinois River. The site’s exterior design was intended to reach out to embrace the river, harmonizing with the reflective surface of the water; changing by the hour and season. Such connections to our Illinois River are fundamental. The river was the impetus for Peoria’s development and it continues to nurture our community today.”

Here’s the thing: the museum is not on the river, except during a flood. The rest of the time, the Italianate-style Rock Island Depot (aka “River Station”) and the postmodern Riverfront Village stand between the “reflective surface” of the river and the modern-style museum. As a result, it doesn’t really “harmonize” with anything. It’s a building really designed to sit a block east (for better or worse), making it look sharply out of context in its current setting. Where there should be urban density and a mix of uses and styles, there is instead a large, asymmetrical gray box, devoid of ornamentation and aesthetics.

I appreciate the desire of museum promoters to try to drum up excitement for this new building. But one cannot mask with flowery words the banality of the architecture. You’ll recall that this really isn’t what the architects or museum officials had in mind originally. They had to “value engineer” that design into what we’re seeing today because they couldn’t afford the cost of the original plan. Even museum proponents had a hard time covering their disappointment, distracting attention from the outside by insisting we “focus on what we’re gaining” on the inside.

Regrettably, the only surrounding context the museum block does correspond with is the concrete terrace and lower-level parking of Riverfront Village — the most unattractive context designers could have chosen to imitate. There is no inspiring terminal vista for those approaching on Fulton; indeed, no thought at all appears to have been given to the view from this street. For those unlucky enough to approach the building from the south, there is nothing but a large, blank, gray, metal wall leaning over them. On Water Street, passers-by will be greeted with stairs and a parking deck (à la Riverfront Village).

These deficiencies can be largely attributed to the auto-centric focus of the design. The building is designed for motor vehicles either to drop off museum-goers at the front entrance on Washington Street or park in the underground deck and enter the museum from the parking garage via elevator. Hence, not a lot of thought was put into the pedestrian experience around the perimeter of the building. No one is seriously expecting pedestrians to congregate here, so little effort was made to create a place where people would enjoy meeting and hanging out. This is what we call a “self-fulfilling prophecy.”

Hopefully the inside of the museum will be more attractive.

Pretzel logic reigns supreme on court

The 5-4 decision released yesterday by the Supreme Court on the Affordable Care Act would be comical if it didn’t have such far-reaching consequences. Here we have a majority of the supposedly preeminent minds in American jurisprudence using the most tortured logic imaginable to uphold the ACA as constitutional.

The whole thing hinges on this question: If you don’t buy health insurance, you will be required to pay an extra amount of money to the IRS; is that amount of money a “tax” or a “penalty”? The answer to that question affects two things:

  1. Whether the Anti-Injunction Act bars the suit, and
  2. Whether the Affordable Care Act is constitutional.

The Anti-Injunction Act says that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person … so that those subject to a tax must first pay it and then sue for a refund.” So if the consequence of not purchasing health insurance is a tax, the suit is thrown out, and the court has no further comment on its merits. But if it’s a penalty, then the Anti-Injunction Act does not apply and the court can rule on the merits of the case.

However, when it comes to whether the ACA is constitutional, having a penalty for failure to purchase health insurance would make the Act unconstitutional because the Congress has no enumerated power to require individuals to purchase anything. But if it’s merely a tax, the Congress would have the power under their taxing authority to impose it (provided it’s not a “direct tax,” but that’s a subject for another time).

It would appear to any reasonable observer that there are only two possible outcomes: Either the consequence of failing to purchase health care is a “penalty” — in which case the Act is unconstitutional — or it’s a “tax” — in which case the suit is barred and there can be no ruling on its merits. The seeming nail in the coffin for the ACA is that fact that the Act itself calls the consequence a “penalty” in no uncertain terms.

But thanks to the ingenious invention of the majority of the court, the Government can have it both ways! Yes, remarkable as it may seem, the court found that the Act provides a “penalty” for purposes of the Anti-Injunction Act, but a “tax” for purposes of the Constitutional question.

…Congress did not intend the payment to be treated as a “tax” for purposes of the Anti-Injunction Act. The Affordable Care Act describes the payment as a “penalty,” not a “tax.” That label cannot control whether the payment is a tax for purposes of the Constitution, but it does determine the application of the Anti-Injunction Act. The Anti-Injunction Act therefore does not bar this suit. […]

The Affordable Care Act describes the “[s]hared responsibility payment” as a “penalty,” not a “tax.” That label is fatal to the application of the Anti-Injunction Act. It does not, however, control whether an exaction is within Congress’s power to tax. In answering that constitutional question, this Court follows a functional approach, “[d]isregarding the designation of the exaction, and viewing its substance and application.”

So the “functional approach” is applied to the Constitutional question, but Congress’s “intent” is applied to the Anti-Injunction Act question. The logical gymnastics boggle the mind.

It only gets worse if you actually read the whole ruling (read it here). A plain reading of the Act makes it clear that the “shared responsibility payment” is a “penalty” by any definition, yet the majority of the court takes pains to try to paint it as a tax from a “functional” standpoint. But their explanation exceeds all limits of credulity. To quote the court’s dissenters, “to say that the Individual Mandate merely imposes a tax is not to interpret the statute but to rewrite it.” That amounts to the judicial branch imposing a tax where one did not previously exist. They conclude: “Imposing a tax through judicial legislation inverts the constitutional scheme, and places the power to tax in the branch of government least accountable to the citizenry.”

Whether or not the next election results in a new president and/or Congressional majority that will repeal the health care act, the precedent set by the court in this case is troublesome. It appears that future unconstitutional acts passed by Congress will not be struck down by the Court when challenged, but rather rewritten by the Court and magically converted into constitutional acts. That prospect is truly frightening in its implications.

Lack of sidewalks used as justification for no future sidewalks

Residents of Peoria got an interesting insight into Second District Councilwoman Barbara Van Auken’s thinking (and a majority of the Council, evidently) at the City Council meeting Tuesday night. An item appeared before the council in which both the Zoning Commission and staff agreed that a local land-owner, as part of an expansion project, should install a public sidewalk along Ellis Street, a street that does not currently have a sidewalk.

One of the complaints about accessibility, safety, and walkability in the City of Peoria is that many (most?) of our sidewalks are in a state of disrepair, and many streets have gaps in the sidewalks or don’t have any sidewalks at all. One of the critical success factors in the City’s comprehensive plan, which was put together with an extraordinary amount of public input, is to “Invest in Our Infrastructure & Transportation”:

This Critical Success Factor covers not only the maintenance of the public infrastructure; streets, sidewalks, sewers, utilities, etc., but also the planning of such infrastructure in a manner to allow for the greatest ease of transportation and access for pedestrians and vehicles. [emphasis added]

One of the action items under this critical success factor: “Require Sidewalks.”

So the Comprehensive Plan requires it, our ordinances require it, and staff and the Zoning Commission both recommended it. But what did the council do, at Van Auken’s request? Waive the sidewalk requirement. Why? What was the justification? According to Van Auken’s comments on the floor of the Council Tuesday night, “This street has never had sidewalks.”

That’s right. The lack of sidewalks in the past is justification for never requiring them in the future. One wonders why the project was approved at all. I mean, there has never been a building addition on Ellis, so why should we allow one to be built? Shouldn’t the status quo be maintained?

To add insult to injury, Van Auken went on to say that this area should not be regulated by the Land Development Code–a code that puts into legal effect the principles of the Heart of Peoria Plan, which itself was developed with significant input from the residents of Peoria. If this area is not fit for the Land Development Code, what area is? This is nothing less than a complete and brazen repudiation of the LDC, the HOP Plan, and the Comprehensive Plan.

As usual, the majority of the Council followed the district council representative’s request without question, voting 8-2 in favor of eviscerating all the plans to which the public contributed their time and energy. Only Gary Sandberg and Beth Akeson opposed it.

Council approves new district map by 6-5 vote

The Peoria City Council approved a new council district map Tuesday evening. Here it is:

Map “B” was approved by the City Council; click on image to enlarge.

This is the district map known as Map “B.” It was a close vote, with the council as well as the redistricting committee divided. Ayes were Gulley (1st Dist.), Riggenbach (3rd Dist.), Irving (5th Dist.), Akeson (At-Large), Turner (At-Large), and Weaver (At-Large). Nays were Mayor Ardis, Van Auken (2nd Dist.), Spears (4th Dist.), Sandberg (At-Large), and Spain (At-Large).

My energy supplier has switched from Ameren to … Ameren? (UPDATED)

It appears that my electricity generator has changed from Ameren to Ameren, and now I’m saving money. Somehow.

As you may know, getting electricity to your home involves two companies (theoretically, at least): the company that generates (or supplies) electricity and the company that delivers electricity. In Peoria, Ameren Illinois delivers your electricity, and their rates are regulated by the Illinois Commerce Commission. Ameren Illinois also supplies electricity, and up until recently has been the default supplier in Peoria, but you can choose a different supplier if you wish. [I was mistaken. Ameren Illinois does not supply electricity — they procure electricity under regulations established by the Illinois Power Agency (IPA). Residents can, however, choose a different supplier.]

In the last election, citizens of Peoria and many other communities passed referenda allowing municipalities to negotiate better electricity rates for their residents with electricity suppliers. Peoria got a great deal with a company called Homefield Energy, which is the City’s new default energy supplier, learn how to make money and how to become a fitness influencer. Here’s part of the City’s press release from earlier this month:

Homefield Energy (www.homefieldenergy.com) was selected as the winning supplier. Homefield offered the lowest price with a two-year contract price of $0.0408 per kilowatt hour (kWh). This price is more than two cents lower than the current Ameren tariff rate of $0.0620 per kWh. The price is also based on the electricity being sourced from 100% renewable electric production.

And just who is Homefield Energy? On the legal page of their website we find out that Homefield Energy is really “Ameren Energy Marketing Company d/b/a Homefield Energy….” Ameren Illinois and Ameren Energy Marketing Company are all part of Ameren Corporation.

So we’ve switched from Ameren [undisclosed suppliers with rates established according to IPA regulations] to Ameren [rates established through competitive bidding directly with municipalities] and saved two cents per kilowatt hour (kWh) — and provided the City of Peoria with a “modest income source” of $0.001/kWh. Apparently there are savings in Ameren’s left pocket that we’ve been missing out on because we’ve been getting our energy from their right pocket all these years. I wonder if there are more savings to be had in their other pockets that we don’t yet know about. [This makes a lot more sense now; my thanks to the City of Peoria and “Cassie” from Ameren for helping to explain it.]

Leitch banking on short memories for dual fleecing

According to Monday’s “Word on the Street” column, State Rep. David Leitch wants to “consider financial relief” for investors in the downtown ballpark. In case you don’t remember, the City of Peoria contributed a little over $3.5 million towards this project (mostly in land acquisition), plus a TIF district.

“Leitch said he would like to see some public relief the investors spent on relocating AT&T fiber optic lines, which he believes cost the group more than $1 million,” according to the article. “They [ballpark investors] got stuck with expenses in that project I don’t think were legitimately theirs,” Leitch said.

But wait! According to a December 5, 2001, Journal Star article by Jennifer Davis, “the city has spent $700,000 more than it expected – $1.7 million instead of the $1 million estimated – to move underground Ameritech fiber-optic lines in the stadium’s way.”

So, does Rep. Leitch not know this? Or does he want the taxpayers to pay for this expense twice now?

I can find no record of ballpark investors paying the City back for that $1.7 million. But let’s suppose they did, just for the sake of argument. So what? Why would such a scenario be “unfair”? The City paid $2.2 million for Eagle Cleaners to make way for the stadium, and a total of $3,525,175 in direct city assistance. Talk about someone getting stuck with expenses that weren’t legitimately theirs–what about the taxpayers, Rep. Leitch?

Aggregation opt-out letter a day late and candor short

On March 20, 2012, in the primary election a majority of citizens voted yes on a referendum question allowing corporate authorities to form a Municipal Opt-Out Electricity Aggregation. City Officials are happy to offer eligible residents and small businesses SAVINGS over Ameren Illinois (“Ameren”) rates by banding together all eligible electric service classes.

So begins the official notice I received Monday about the City’s electric aggregation opt-out program. I have been expecting this notice. But there are a couple of things that I didn’t expect:

  1. Less than 15 days to opt out. To opt out, you are required to return a form “before the deadline date of June 1, 2012.” In the Plan of Operation and Governance document received and filed by the City Council on April 10, it was stated that “there will be an Opt-Out Period of at least 15 days from the postmark date on the notice to postmark the return Opt-Out notice if they do not wish to participate in the Program.” At least 15 days, they said. So, what was the postmark on the letter? May 18. May 18 to June 1 is 14 days. Am I being nit-picky? Try paying your parking fine a day late and see how nit-picky the City is with you.
  2. No fee disclosure. The letter also avers that “you will not be charged a fee for partaking in this program.” However, the April 10 council communication states, “The program will also create a modest income source for the City of Peoria ($0.001/kWh).” Elsewhere, this is called “additional margin available to Peoria.” What is this if not a fee? I’m not necessarily saying this fee can’t be justified, but it is a fee, and should be disclosed as such.

There’s a reason you have to have press credentials to see the police blotter

I read Billy’s recent “free” post about how he was denied access to police reports. His post calls into question the police department’s restriction of this information to only those with press credentials.

I wanted to find out what the police department’s policy actually was, so I e-mailed Chief Settingsgaard. It turns out that, rather than an attempt to keep information away from people, it’s actually an attempt to make information available more quickly. The police reports include private personal information such as social security numbers and home phone numbers that can be (and should be) redacted. But rather than hold up those reports until they can be redacted, the police department makes them available immediately to the press, trusting that they will be responsible and “[maintain] appropriate discretion.”

In order to restrict this information to the media, one has to ask, “who are ‘the media’?” Traditionally, that moniker has belonged to the mainstream media, but these days there are a lot more freelance reporters. With news organizations downsizing, and the ease of starting new niche-print or online publication, there are a lot of journalists out there who don’t have traditional “press credentials.” Settingsgaard realizes this as well.

“Obviously the industry is changing and not all reporters are members of the mainstream media any longer so clearly we need to adapt so that persons like yourself and Bill Dennis are not excluded. In the short term I will ensure that access is opened immediately to Mr. Dennis and others like him whom we are familiar with. Long term I will be taking a close look at how to make the system better and either configure the reports so that anyone can view them or modernize our ‘press’ qualification.”

My thanks to Chief Settingsgaard for his quick response to and resolution of the matter.

And as for Billy: That will be $30, please.

BlogPeoria goes behind a pay wall

Billy Dennis is trying something new in the Peoria blogosphere: You won’t be able to read his original content on the BlogPeoria Project (www.blogpeoria.com) unless you subscribe. Subscriptions are relatively cheap at $3 per month. His post explaining the new system is here.

In a nutshell, blogging is one of those things that most people do as a hobby, in addition to having a “real” job. Since Billy recently got laid off his “real” job (the company he worked for recently closed their Peoria offices), he wants to make blogging his full-time gig. That means he’s planning to do more freelance, original reporting and is hoping that his readers will be willing to pay for the content. Between subscriptions and ad revenue, he believes the business venture will work.

He’ll have no dearth of challenges.

First, even though the Peoria Journal Star is supposedly behind a pay wall, it’s a weak one that’s easily defeated, so their content is still, for intents and purposes, available for free online. Plus, all the TV/radio stations that do news post their news stories on line. And there are the other blogs that will remain free. Billy is consistently going to have to come up with content that is not available from these other sources if he’s going to convince people to pay him $3/month.

Second, Billy will have to overcome his own reputation to a certain extent. People know that he’s capable of doing original reporting, but they also know that he puts up scads of worthless posts, such as “eye candy” and one-line posts that just link to a Journal Star article. So he’s not only going to have to provide good, original content, he’s going to have to overcome negative perceptions people may have about the kind of posts they will get if they subscribe.

Thirdly, several people on a local forum (Peoria.com) have complained that they are getting a virus downloaded to their computer from Billy’s website. Billy is going to have to make sure his site is secure from these sorts of threats. Not only does it anger your customers when their computers get infected, it can also land you on a real-time blacklist which will block your site to any of their subscribers.

Lastly, he’s going to have to edit his posts. Hideous misspellings and grammatical errors are fine for a free blog. But if you’re paying for content, you expect it to be professional and polished.

Don’t get me wrong, though. I think Billy’s plan can work. One person can do quite a bit of reporting if they have the time to commit to it. I think Billy could do $3/month’s worth of reporting easily. And if he gets more subscribers, he could pay freelancers to submit more original works and really build up the site. Having content behind a pay wall would allow him to offer syndicated comics and puzzles if he gets enough revenue to pay for it.

There are lots of possibilities, and I wish him the best of luck.идея за подарък

Who’s actually paying for the Caterpillar Sky Walk?

Remember in my last post, how I said Caterpillar had purchased the naming rights for $1 million? Well…

Under the “Purchase” section of the Naming Rights Agreement, one of the conditions that must be met for the deal to go through is this: “Pere Marquette Hotel Associates, L.P., a Kansas limited partnership shall have paid to Caterpillar the amount of One Million and 00/100 Dollars ($1,000,000.00).” Pere Marquette Hotel Associates, L.P., is the company that sold the Hotel Pere Marquette to developer Gary Matthews.

So here’s how this works: Peoria gives $29 million to Matthews. Matthews gives $7,384,000 to the Pere owners to purchase the property. Pere owners give $1 million to Cat. Cat gives $1 million back to Matthews for naming rights. That $1 million then must be used (as specified in the naming rights agreement) “to pay for non-qualified rehabilitation expenditures … related to the construction of the project.”

This raises a couple questions. First, was the selling price of the Pere artificially inflated in order to kick back a million dollars to the developer? Did that million really come not from Cat’s pocket, but from the taxpayers? And second, where is that money going? Do “non-qualified rehabilitation expenditures … related to the construction of the project” include the developer’s fee, for instance? Or if it’s reinvested in the project, does it count toward Matthews’ personal equity in the project?