ACTION REQUESTED:
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Communication from the City Manager with a Request to Allow the PEORIA BOAT CLUB to Continue Some Operations Should the City Acquire Certain Property from the DETWEILLER PLAYGROUND TRUST. (1st District)
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BACKGROUND: As part of the River Trail redevelopment project, the City will be required to acquire private property to serve as replacement for the public open space in Riverfront Park that will be developed. This process, called “conversion,” is governed by grant rules associated with Land and Water Conservation (LawCon) grants obtained by the City in the 1980s for the creation of Riverfront Park. The conversion must be approved by the Illinois Department of Natural Resources (IDNR) and National Park Service (NPS). The City has purchase options and contracts for two separate properties, one of which is approximately 4.5 acres owned by the Detweiller Playground Trust (“Trust”). The Trust currently leases this property to the Peoria Boat Club (“Club”), a private, members-only marina that can house up to 36 boats.
The LawCon grant rules require the replacement property to be publicly owned and recreational space open to the public. The presence of a fenced, private boat club would not be allowed. As a consequence, the lease with the Club (currently running through December 31, 2015) will not be renewed. The City Council has expressed an interest and desire in allowing the Club to operate in some manner should the City acquire the property as part of the River Trail project. Staff had previously expressed a similar position in a letter sent to the Club on September 15, 2015 (attached). The staff proposal essentially offered two things:
1. The Club could continue its current operations through April 30, 2016. The City received permission from IDNR that it would accept a “non-conforming use” of the land that would allow the fenced boat storage to remain during this next winter should the conversion be approved and the City purchase the land. This offer alleviated one major concern of where Club members would store their boats securely over this winter. By May 1, all boats would need to move off the land and the City would start transforming the property into a public park.
2. The Club could continue having its docks moored off the property. First, IDNR confirmed that the conversion was limited to the land only and that the presence of private boat docks was outside of their purview. Second, the purchase of the Trust property did not include purchase of the docks. While the City could likely limit the ability of the Club to keep its docks in the harbor, there is no reason to take such a position. The presence of the docks, boats and their owners should be seen as an enhancement to the area.
Staff is seeking official Council direction to continuing investigating options and craft an arrangement with the Peoria Boat Club that will allow them to (1) store their boats on the property through April 2016 and (2) keep their docks moored off the property for private Club use. Such an arrangement would include a term of years (for dock use) that would give the Club some security for its future; address property issues such as utility easements; outline liability and security concerns; and ensure proper maintenance and upkeep of Club property. Any formal, legal arrangement would need to be subsequently approved by the City Council concurrent with approval of purchase of the property.
FINANCIAL IMPACT: None directly. The acquisition of the Trust property is part of the larger River Trail project. Staff does not recommend that the City charge the Club for use of the property for storage this winter or for keeping the docks in place. Any arrangement would ensure that any costs incurred in keeping the Club operations in place are born by the Club or in the case of mutual improvements, shared proportionally.
NEIGHBORHOOD CONCERNS: The Club and its members have expressed support for any arrangement that allows them to continue operations in the area. This issue is part of the larger River Trail project, which has been met with considerable opposition, including opposition from the Club. The immediate neighborhood association, the Detweiller Marina Neighborhood Association, have expressed support for the River Trail project.
IMPACT IF APPROVED: Staff would partner with the Club to arrive at an agreement that would be brought back to the City Council for approval.
IMPACT IF DENIED: Staff would have no direction from Council to work with the Club. At a minimum, the Club would not be allowed to store boats on the property this coming winter. The future of the docks and their use in the harbor would be in question.
ALTERNATIVES: There may be other provisions of an arrangement that Council would like to see staff address.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Vibrant Downtown: Riverfront/ Central Business District/ Warehouse District
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
DEPARTMENT: City Manager's Office