PEORIA, IL -- If the city of Peoria and its hapless residents thought the fight to save Riverfront Park from luxury apartments was over, they're wrong.
Friends of Riverfront Park held a news conference on Dec. 14, where they advanced several theories about saving the park from the apartments, and issued a detailed statement showing how it could be done.
Here's the statement. It's long -- written by a committee to guarantee accuracy -- but worth reading.
(Full disclosure -- I'm part of the ad hoc group Friends of Riverfront Park.)
-- Elaine Hopkins
Saving Riverfront Park: Evaluating the Replacement Land
The Peoria City Council voted to remove more than six acres of public recreational open space in Riverfront Park by selling land to a private developer. The developer’s plan is to build luxury four-story apartment buildings, which includes a road at taxpayer expense cutting through the park to the private apartments. This Council action involves a complicated and mandatory land conversion and replacement approval process.
In the 1980’s, the City sought and received federal Land and Water Conservation (LWCF) funds to acquire and develop a park. Documents show that the City signed federal grant contracts to “develop a passive park and support facilities…for public outdoor recreation,” creating Riverfront Park. By accepting these federal funds, the city agreed to keep this land as public recreational open space.
The City’s choice of replacement land must be approved by the Illinois Department of Natural Resources (IDNR) and the National Park Service (NPS), whose regulations must be followed to protect taxpayer’s interest and investment in the land.
City staff has already conducted public meetings to discuss possible uses of the proposed replacement parcels. We have identified several important steps that the City is required to follow. We have concerns about the implementation of these steps.
- The City’s Practical Alternatives to the Proposed Conversion document is woefully inadequate. The City’s analysis fails to provide documentation that a comprehensive review of alternative residential development sites were evaluated and rejected on a sound basis. Further, the City so narrowly defines the criteria for this development that only the Riverfront Park land would qualify.
- Appraisals of the proposed converted and replacement properties are required. Although the appraisals are still under review, the City has already negotiated a selling price for the proposed Riverfront Park conversion property based on a 2011 appraisal. In addition, the City has advised us that Spring Street will be vacated and the land divided between the Simantel and Detweiller Playground (DP) proposed replacement properties for purposes of appraisal. This proposed action is against the public’s interest as it inflates the fair market values of all the proposed replacement properties. This future unvetted City Council action will mask the negotiated price the City has agreed to pay to purchase these properties.
- The floodplain impact should be completely evaluated. The frequent flooding of the proposed replacement properties decreases both the fair market value and recreational usefulness of each of these properties.
- A thorough environmental analysis of the proposed alteration of Riverfront Park and the proposed replacement sites must be completed. The previous environmental analysis of Riverfront Park and the impact of the proposed River Trail Development on our public park lacks additional information required by federal regulations. After the environmental assessment documents are available for public review having been properly noticed, a mandatory written public comment period of at least 30 days is required. Due to the complexity and volume of documents to be released, we request that the City realize the importance and value of public comment and increase this comment period to 60 days.
- The application requires an evaluation of historical, archeological and cultural resources, at these sites. It is important to remember that it has been documented that the oldest French settlement in Peoria, which dates from the 17th Century, is located no more than 1500 feet from the middle of the proposed replacement properties.
- The Detweiller Playground land appears to be ineligible to be used as replacement property. The Thomas Detweiller will of 1947 and the Articles of Incorporation of the Detweiller Playground designate all of their property to be for public use. In addition, one of these parcels has a public access multi-use trail.
In addition, the Detweiller Playground since 1972, has been designated by the IRS as a 509 (a) (3) –Type III FISO, a supporting not for profit organization for the benefit of the Peoria Park District. This designation creates a functionally integrated relationship with the Peoria Park District.
The City must ensure that any proposed land replacement property is not already recognized for public use.
- IDNR requires and the City of Peoria has promised to hold a public hearing about this project. We request that this public hearing be properly noticed and be held no sooner than 60 days after all required LWCF land conversion and replacement documents have been released to the public and placed in a prominent place on the City’s web site.
Practical Alternatives to the Proposed Conversion Document
The City must make the case to the IDNR and NPS, by providing a written analysis and documentation that alternative sites for the proposed conversion, including private property, are inadequate.
The City has only identified the Simantel property for analysis and rejection. The City does not provide clear identification nor rejection on a sound basis for any other alternative development sites.
The City has artificially created Riverfront apartment demand without any supporting documentation. They also redefined “Downtown Peoria” to extend to Riverfront Park when their Tracy Cross study defined “Downtown Peoria” as being from I-74 and south to State Street, including the Warehouse District. The Tracy Cross study does not include statistics or analysis nor need for residential development of Riverfront Park which is north of I-74.
The City in this document has artificially narrowed the definition of the type of property that is acceptable for new residential development so that the only land that can meet their narrow definition is land in Riverfront Park. As far back as 2008, the City has marketed Riverfront Park for residential development. This is an inappropriate targeting of Riverfront Park as the sole site for this project. This course of action runs counter to the intent of the Land and Water Conservation funds which were used to purchase and develop this land. Over the course of more than 30 years, Peorians have come to expect that Riverfront Park would remain public recreational open space.
Appraisals
Federal regulations require that a critical first step is for the City, State and NPS to agree on the size of the Section 6(f) park land impacted by any proposed conversion to non- recreation, non-public use. Up to this day, the City has only approved a preliminary plat of proposed River Trail Development. Thus, we do not know the exact acreage to be cut out of the park for private for- profit use.
The City has indicated that it will only be conducting a survey of one of the parcels from the Detweiller Playground. How can accurate appraisals be conducted if the City does not know the exact boundaries for all of the proposed conversion and replacement properties?
The City has indicated that it will be adding ½ of Spring Street to both the Simantel and Detweiller Playground properties. This proposed action is against the public’s interest as it inflates the fair market values of all the proposed replacement properties. This future and yet to be decided city council action masks the negotiated price the City has agreed to pay to purchase these properties.
The City has already negotiated purchase prices for the proposed replacement parcels without any appraisals and relied on a 2011 appraisal for the proposed portion of Riverfront Park to be sold.
Current surveys are essential for the mandated appraisals to be accurate. These surveys will show how much land will be lost by the building of the 1/3 mile long road, the guest parking, the apartment buildings, orphan properties, etc. Orphan properties are created when roadways dissect or deleterious environmental conditions are created in the Park in any manner. Some of the existing Riverfront Park will be cut off from Park use and these orphan properties must be included in the total acreage of replacement land.
Floodplain
It is well documented that the replacement land has regularly experienced flooding on over 40% of its surface area in the past 10 years, while the existing proposed Riverfront Park conversion land has not flooded in at least 35 years. The public cannot realistically use this flooded area for up to six to eight weeks during that time.
If floodwalls or placement of fill are part of the plan for the proposed replacement parcels, the US Army Corps of Engineers must pre-approve both their design and any changes in the Peoria Lake floodplain. These changes would be very expensive and difficult to achieve.
Eliminating any floodplain land is a poor way to reduce flooding, and seems to contradict the City’s application to the US EPA with its promise to create an ecologically friendly storm water management plan.
Environmental Analysis
An environmental analysis for each of the proposed converted and replacement sites must be conducted, and the City has indicated that this process is under way. The impact of the converted portion of the Park on the remaining park must be considered. This includes items such as noise, light, creating orphan park property, etc.
The impact of the extension of Water Street, added traffic and pedestrian safety issues for the Riverplex users must be included. The Riverplex was the first conversion of Riverfront Park and now the proposed private River Trail Development is not only eating away the Park, it will have an adverse impact on this first conversion, the Riverplex. The Peoria Park District recognized this negative impact and voted against the River Trail Development if it included the Water Street extension.
Federal regulations also require that the environmental analysis must address known brownfield conditions including potential buried hazardous waste, potential damage to or excess drainage into the Illinois River. Remediation will be necessary at an additional cost, which has not yet been calculated. A funding source also has not been identified, important during Peoria’s challenging economic outlook. We are concerned that money already publically earmarked for brownfield remediation in the Warehouse District will be diverted to the proposed replacement land.
Due to the complexity and volume of documents to be released, we request that the City realize the importance and value of public comment and increase this required comment period to 60 days.
Archeological Assessment
Our research indicates that there is no documentation that an archeological assessment of all proposed conversion and replacement parcels has ever been conducted. This is part of the NPS and IDNR application process.
In November 2001, IDOT sponsored an archaeological study on nearby Adams Street that confirmed a portion of the location of the oldest French settlement and fort in Peoria, dating from the 17th century. It is located no more than 1,500 feet from the middle of the proposed conversion properties.
Sadly, no archeological evaluation of this portion of the entire Riverfront Park appears to have been completed. This omission should be corrected and included as part of the required application process.
Replacement Land Can Not Already be Designated for Public Use
It appears that the Detweiller Playground’s property is ineligible to be used as replacement property.
The Detweiller Playground (DP) Board of Directors which has agreed to sell three of the four replacement parcels to the City, is a not for profit organization. The DP was established after the death of Thomas H Detweiller in 1947 and received all of his assets. Mr. Detweiller’s will is very specific in defining his wishes for the use of his assets, including his land. In his will, Mr. Detweiller states:
“…at the present time there is very little access to the river front for the community and very little ground or land along the river available for recreation and playground purposes. It is my desire and purpose to have the land that I own along the Illinois River in the City of Peoria made available for playground and recreation purposes for the Peoria Community…”
The Articles of Incorporation of the DP designates that all of their property be for public use and recreation per Mr. Detweiller’s will.
In addition, the DP since 1972, has been designated by IRS as a 509 (a) (3) –Type III FISO, supporting not-for-profit organization for the benefit of the Peoria Park District, a public entity. This designation creates a functionally integrated relationship between the DP and the Peoria Park District. In addition, the IRS regulations state that the Peoria Park District as a supported organization must have a significant voice in the investment policies of the supporting organization, the timing of grants and generally the use of the income or assets of the supporting organization. Operationally, the DP as the supporting organization must engage solely in activities that support or benefit its supported organization, the Peoria Park District. Thus, it is likely that since 1972, the DP proposed replacement parcels have been designated for public recreational open space by virtue of the DP corporation’s supporting organization relationship with the Peoria Park District.
A bike trail used by the public apparently is on a parcel of the DP property proposed as replacement land.
The City must ensure that all proposed replacement property land is not already recognized as public open space, the federal regulations say.
Public Hearing
IDNR requires and the City of Peoria has promised to hold a public hearing about this project. We request that this public hearing be properly noticed and be held no sooner than 60 days after all required land conversion and replacement documents have been released to the public and placed in a prominent place on the City’s web site.
Summary
Friends of Riverfront Park will continue to research other applicable state and federal regulations that apply to the LWCF conversion process.
We hope that the City will approve our request for both a 60 day public written comment period of the environmental analysis as well as holding a public hearing no sooner than 60 days after all required land conversion and replacement documents have been released to the public and placed in a prominent place on the City’s web site.
Friends of Riverfront Park maintains that the highest and best use for Riverfront Park is public recreational open space instead of being transformed into a dead-end public roadway that leads to private apartment buildings for a privileged few.
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Here's the Journal Star's story on the news conference.
Here's WEEK-TV's coverage.