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Peoria City Council considering ban on homeless encampments, but proposal met with criticism

A row of tents form part of an encampment above Interstate 74 between Madison and Jefferson in downtown Peoria.
Joe Deacon
/
WCBU
A row of tents form part of an encampment above Interstate 74 between Madison and Jefferson in downtown Peoria.

The City of Peoria is looking at taking steps to end homeless encampments on public property, following other communities that have enacted similar bans in recent weeks.

But a differences of opinion on precisely what steps are needed came to light during Tuesday’s six-hour Peoria City Council meeting.

“We want to end homelessness on the streets of cities across the country, but I think that we have to do it in a very strategic and humane manner with a very strategic, well thought out plan that engages our partners,” said Mayor Rita Ali during an impassioned discussion on a draft ordinance that would prohibit unauthorized camping and storage of personal items on public property within the city.

The measure also would give Peoria officials the authority to remove the campsites, as well as any items that may pose a health and safety concern or a substantial danger to the environment.

District 2 council member Chuck Grayeb said the city must meet its responsibility to protect the “health, safety and welfare” by addressing the unsanitary conditions of the camps.

“I’m going to speak for the people of Peoria. I'm going to speak for them, because I think they've gotten a really bad rap. The people I represent — and I dare say the people you represent, and all of you around this horseshoe — have nothing but compassion for the people who are unhoused and who are living like animals outside,” said Grayeb, producing groans from some members of the chamber audience.

“Like animals. Yes, like animals. So who is lacking compassion, ladies and gentlemen? We are trying to do something about it. Nobody is trying to be punitive, in spite of the fact that it appears that someone is trying to set this up that if we take any action to address real problems, we're being punitive. That is absolutely ridiculous.”

The proposal follows a June decision by the U.S. Supreme Court that ruled municipal bans on camping in public places does not constitute cruel and unusual punishment. Since then, Pekin and Morton have joined the list of communities to adopt ordinances to disallow the encampments.

“I'm really proud to be part of the council that recognizes the city's obligation for the health and safety of all our residents and to ensure their sanitary sewers, water, heat, air,” said District 3 council member Tim Riggenbach. “Those are some basic human rights that I think we all agree on. In my opinion, however, this ordinance, really doesn't address that and falls short of those goals.”

Under the proposed ordinance, people in camps would be issued a warning before being cited and given an opportunity to vacate. Before a citation is issued, individuals would receive a referral for possible assistance with shelter or transportation, and contact information for organizations that provide social services and support.

“Our Community Development Department has been working on their standard operating procedures that they'll work with, and our goal is to ensure that people are getting into the shelters and the appropriate type of housing that they would need,” city manager Patrick Urich told WCBU ahead of the meeting.

The first violation after a warning would result in a fine of between $100-$250, which could be satisfied by community service. Subsequent violations within 180 days would see incremental fine increases, with a possible jail sentence of up to six months for a third offense.

In response to a question from council member Mike Vespa, city attorney Patrick Hayes said the purpose of the penalties is to compel compliance, as is the case with most city ordinances that feature fines or jail terms.

“It seems pointless to issue fines for people that are homeless,” said Vespa, noting that often a recourse for someone who refuses to perform required community service is jail.

“I do have reservations about the penalties being assessed. You have to ask the question, where else they going to go? As it's written right now, I do have concerns about the ordinance."

Most of the 30 citizens who spoke during a two-hour public comment period addressed the proposed ban on encampments, with a wide majority voicing opposition to the ordinance as it’s currently written.

“Delay implementation of this ordinance, I think that’s a very straight-forward call to action,” said Christine Kahl, president and CEO of Phoenix Community Development Services. “I feel there was no time given to interview social service providers, the Continuum of Care network, the consumers who live on our streets and are impacted by this decision.

“I’ve been working in this environment for 20 years in this city, and I have to tell you I was shocked that it took 46 days to get an ordinance out on the table in response to a Supreme Court ruling. Nothing that we have done in 20 years took only 46 days to make it before this group.”

Several council members expressed a desire to meet with various social service organizations to get more feedback and direction on how an ordinance might be crafted better. But council member Zach Oyler pushed back at that suggestion.

“I've heard several times in this discussion already that folks around this council want to be ‘at the table.’ This is the table,” said Oyler. “So I'm not really sure what exactly the confusion is because the elected members of this body are here to actually make policy and try to solve problems.

“Anytime any of you want to provide some ideas, I'm sure the manager and the city attorney will be more than happy to listen to those and help craft them into the ordinance. But sitting here on Tuesday night after staff has done their job and then saying, ‘Oh, well, we need to come up with some new ideas.’ Be a part of those ideas. This is the table.”

With no ordinance currently in place, Peoria has been unable to remove campsites until sanitary conditions devolve to a point of posing an immediate threat to the occupants, emergency responders or the general public.

Between December 2022 and October 2023, the city spent more than $30,000 to remove 15 campsites at various locations. The new policy would enable the city to remove the camps more quickly while reducing abatement costs.

Ali said the city needs to make it clear that street homelessness won’t be acceptable in Peoria, but that it would be improper and inhumane to criminalize being unhoused.

“There's a way to do it without citations or jail sentences, because it doesn't work. It's been proven not to work across the country,” she said, adding the draft of the ordinance would need more work before she could support it.

“If we're looking at approving this at the next meeting, we've got to do a lot more. We have to have a plan to go along with this, a timeline how it's going to happen. We can't rush into this, and there's no need to rush into it. We definitely need to address this issue of street homelessness. But again, let's do it in the right way.”

Landfill update

Once again, the council followed the staff’s recommendation to defer agenda items related to the delayed construction of a new landfill and pursuit of a breach of contract finding against GFL Environmental.

The city and Peoria County are trying to get GFL to expedite work on the new landfill as the current landfill is estimated to reach its capacity early next year. Concerns over an abandoned mine have kept construction on hold, and GFL has projected a Spring 2027 opening for Landfill 3.

“We continue to work and have discussions with GFL,” Urich told WCBU. “But we are hopeful that we'll have a resolution to this within the next month, and that we'll be able to tell council, the landfill committee, and the county board, ‘This is the direction that we're heading.’”

Urich said it’s likely that in the interim between the closure of the current landfill and the opening of the new one, GFL will haul Peoria’s refuse to the Indian Creek landfill in Hopedale.

“The positive side is we will be paying significantly less per ton today than what we currently pay today in our own landfill,” he said.

Grayeb and Vespa both voiced concerns over the ongoing delays in getting the landfill situation resolved.

“We're running out of time. I'm not so sure I feel they're operating in good faith,” said Grayeb, adding he receives frequent complaints about GFL’s service.

“It's a complicated issue. But you’ve got to eventually decide what road you're going to take here, and I’m running out of patience,” said Vespa.

In other business

Among several other items, the council also took the following actions:

  • Approved amendments to the Downtown Stadium TIF District and redevelopment agreement, allowing the city to reimburse the Peoria Chiefs for about $1.2 million in expenses from Dozer Park upgrades mandated by Major League Baseball;
  • Accepted a donation of 12,000 square feet of commercial office space on the third floor of Twin Towers Plaza to relocate the city’s Equal Opportunity Office and other administrative operations;
  • Received and filed the 2023 annual comprehensive financial report, audited by the CliftonLarsonAllen accounting firm, and the unaudited monthly financial report for June;
  • Authorized spending $125,000 on a marketing campaign to highlight how the city has spent its American Rescue Plan Act (ARPA) funding;
  • Received and filed an assessment of 2022 data related to the city’s Affirmative Action Plan;
  • Accepted a $1.5 million grant for the Greater Peoria Auto Crimes Task Force.
Contact Joe at jdeacon@ilstu.edu.