Peoria approves $4 million civic center bond, rejects $11 million fire engine restoration tied to labor settlement
PEORIA, ARIZONA — September 22, 2020

Peoria approves $4 million civic center bond, rejects $11 million fire engine restoration tied to labor settlement

Council approved $4 million civic center emergency funding via HRA-backed bond but tensions erupted over proposed $11 million fire engine restoration contingent on labor practice settlement, raising legal concerns about quid pro quo negotiations.


Peoria Council Funds Civic Center Rescue but Blocks Fire Engine Restoration Tied to Union Settlement

On September 22, 2020, the Peoria City Council approved a critical lifeline for the civic center but rejected a last-minute motion to restore two decommissioned fire engines in exchange for the firefighters union dropping a pending unfair labor practice charge. The split votes—unanimous on civic center funding, 7–4 against engine restoration—exposed fundamental disagreements about debt limits, labor settlement leverage, and the priority of public safety amid a pandemic-driven budget crisis.

The evening unfolded as a referendum on the city's ability to borrow its way through the crisis. For the civic center, council members rallied around the need to preserve a "jewel" of the community and its skilled workforce. For the fire department, the same logic fractured, with a majority arguing that a cycle of emergency motions had become unsustainable and that the 2020 budget must close.

Key Speeches

"We are looking for money to keep us afloat. We need to keep a core group of passionate individuals in our venue so that when things come back they're great…when this current pandemic decides it'll give way to a second roaring 20s, 100 years later, that is what we're hoping for." — Rick Edgar, Peoria Civic Center President

"I am reminded of a continuous discussion that used to be had when Councilwoman Akerson was here, regarding adding roads to our city that we then have to pay to maintain…what it's going to cost us and if we're covering our cost or if we're going to just spread those costs out across all of our citizens." — Councilmember Moore, on annexation road liability

"This is not a situation where the firefighter union is suing the city over cuts we made in 2020. This is an unfair labor practice that the union has every right to bring because the city took action in 2018 that did not comply with what the labor laws require." — Councilmember Jensen, defending union position

"Don't spend what you don't have. Don't walk off a cliff that you know is there…we're going to be here again in two weeks with another idea and then another idea." — Councilmember Rück Regal, on fiscal discipline and budget closure

"The lives of our firefighters and our people are at stake now. Some of you genuinely do not believe that I respect that, but you genuinely believe that everybody comes home okay with these cuts." — Councilmember Graham, on fire service safety

Timeline

Civic Center Funding:

Fire Engine Decommissioning & ULP Settlement Motion:

Opposition to Fire Engine Restoration Motion

Support for Fire Engine Restoration Motion

Project Details

Civic Center Emergency Funding:

Fire Engine Decommissioning & Settlement Motion:

Vote Breakdown

Civic Center $4 Million Bond (20-246):

Fire Engine Restoration / ULP Settlement $11 Million Bond Motion:

Outcome & Next Steps

Civic Center: The $4 million working capital bond was approved unanimously and is now in the city's borrowing queue. Issuance timing is flexible: the city manager may wait until cash flow becomes insufficient before issuing bonds (anticipated by late 2020 or early 2021). Quarterly reporting to council was requested by John Kelly, and the civic center must continue monthly financial reporting to the finance committee. Rick Edgar remains president and will coordinate with city management on release of funds.

Fire Engine Motion: The $11 million bond motion failed. No alternative motion was made. Fire Chief Artis's decommissioning decision stands as of September 1 council approval. Engine 4 (Station 4) and Engine 20 are set to close October 1, 2020. The fire department will operate with 165 firefighters (down from 214 pre-pandemic).

However, tensions remain unresolved. Councilmember Moore announced a 4:30 p.m. Wednesday (September 23) support rally at Station 4 on Jefferson Ave. Councilmember Dr. Rita Ali signaled willingness to revisit the issue in future council meetings and to meet with management and the union on creative solutions. Councilmember Jensen stated the goal should be to continue "problem solving" at each meeting until fire service is restored. These comments suggest the civic center and fire funding may resurface in October or later.

Budget process: City Manager Scroggins announced that the 2020 budget is now essentially closed. The 2021 budget rollout is scheduled for the next council meeting, with detailed deliberations to follow on a published calendar. The Fitch study commissioned 18 months prior (referenced by Councilmember Reagan) was noted as providing broader fire service recommendations but was not fully discussed this evening.

Controversies & Context

Quid Pro Quo Allegation: The most volatile moment of the evening erupted when Timothy Riggenbach immediately flagged the fire engine motion as potentially illegal—conditioning operational decisions (engine restoration) on settlement of litigation (ULP withdrawal). Corporation Counsel declined to discuss the pending appellate matter in open session, suggesting closed-session briefing was prudent. After the closed session, no legal opinion was shared with the full council. Councilmember Montalongo specifically stated he wanted to know the legal implications before voting, and he abstained his opposition on that ground, suggesting the legality question remains unresolved in the council's mind.

Labor Practice History: The ULP charge arose from a 2018 city action that Councilmember Jensen identified as non-compliant with labor law. This is not a 2020 grievance over pandemic cuts but a two-year-old labor violation claim. The union's "suit" (as Zachary Oyler characterized it) is a formal administrative charge, not a civil lawsuit, but it carries an estimated cost of $500K+ if the appellate court rules against the city. City management had been negotiating settlement terms with the union; the union made a settlement proposal to the city at some point before this meeting.

Fire Chief Autonomy: Timothy Riggenbach and Fire Chief Artis both emphasized that the chief—not the council—makes the operational decision on which engines to decommission. The council directs budget cuts (in this case, ~$1.2M+ to the fire budget); the chief determines where to cut. This separation of powers created tension: some council members felt they could not vote to reverse the chief's decision without micromanaging operations, while others felt the council had the power and duty to borrow to preserve service.

Pandemic Equity & Fairness: A core debate was whether all city departments should share pain equally or whether public safety (fire and police) deserved special protection. John Kelly and Oiler argued for equal sacrifice across all departments. Graham and Dr. Rita Ali argued that life-safety functions merit exception. The fact that police cuts were scaled back (29 officers originally proposed, fewer ultimately cut) while fire cuts proceeded created the appearance of inconsistency, which Graham and Dr. Rita Ali exploited—"Police were protected, why not fire?"

State Preemption & Municipal Fiscal Crisis: City Manager Scroggins repeatedly noted that the city is waiting for state and federal relief packages (mentioned "municipal package" from Washington). Councilmember Rück Regal invoked the broader fiscal dysfunction in Illinois and Washington: "Two prize fighters in a ring, neither of them willing to compromise." No state aid was approved or expected during the meeting, and the city proceeded on the assumption of fiscal self-sufficiency through borrowing and service cuts.

Civic Center as "Jewel" vs. Fire Service as "Essential": A striking parallel emerged: council members offered nearly identical rhetoric defending both the civic center (economic engine, job creator, tax generator, community asset) and the fire department (public safety, life safety, community trust). Yet one motion passed unanimously and the other failed 4–7. The difference was cost (civic center $4M borrowed over 10 years; fire engine motion $11M for unknown duration) and municipal debt philosophy. Rück Regal's argument—that the city should not borrow speculatively based on federal aid that may not materialize—proved decisive.

Workforce Morale & Skill Loss: Rick Edgar's testimony about retaining veteran staff (Tom, the 38-year engineer who prevented six-figure water damage by remaining on-site during a rainstorm) highlighted non-financial costs of layoffs: institutional knowledge, loyalty, and the time required to rebuild relationships with vendors and partners. This argument resonated with Moore and others but did not sway the fiscal-discipline majority.

Duration

Note: Exact timestamps were not provided in the transcript.

Other Notable Items

Short-Term Rental Ordinance (20-182, Items A–C): Council voted on three companion ordinances to implement a short-term rental licensing and zoning program. Item A (licensing and use tax) passed unanimously; Item B (non-owner-occupied property registration flexibility) passed unanimously; Item C (permitted use in certain zoning districts) passed unanimously. However, Councilmember Jensen expressed "vehement" opposition to Item C, arguing short-term rentals should require a special use permit (with public hearing and neighborhood notice) rather than a permitted use, to protect older neighborhoods without restrictive covenants. The council majority disagreed, and the permitted-use approach prevailed. Councilmember Graham asked if voting against Item C would achieve special-use status; Director Black confirmed that council could amend Item C at any point to require special use in lieu of permitted use.

2019 Comprehensive Annual Financial Report (20-242): Dr. Andre W. Allen LLP auditors presented a clean (unmodified) opinion on the city's 2019 financial statements. One material finding: audit adjustments for basis-of-accounting conversion (typical). Minor findings noted depreciation calculation errors and one data-entry error in pension records, neither reaching material-weakness status. Councilmember Here (likely "Timothy Riggenbach" based on context) requested Adam Pulley return in 30 days for a detailed Q&A session, citing the two-inch stack of audit materials just received. Motion to receive and file passed unanimously, with presentation rescheduled for October.

Carp Fish Processing Special Use (20-238): Council approved a special use permit for carp fish processing, packaging, and distribution at 8606 North Pioneer Road. John Kelly asked about odor concerns; Director Black confirmed fish arrive on ice, are processed at 40–50°F, and are frozen immediately, with no waste discarded outside. All fish is used (as bait), preventing odor accumulation. Passed unanimously.

Video Gaming Ordinance Amendment for Axe Throwing (20-245): Council approved an ordinance amendment exempting indoor entertainment facilities (like Gone Axe Throwing, operated by Mr. Rutter) from the 80% food/beverage revenue requirement for video gaming terminals, similar to the existing exemption for bowling alleys. Rutter testified that COVID prevented the business from meeting the 80% threshold and that the axe-throwing facility expanded food service (full lunch menu, carryout, GrubHub). Councilmember Moore supported the amendment, noting the warehouse district is the intended location for such entertainment. Passed unanimously.

Hope Fair Housing Settlement Ordinances (20-28): Council approved three companion ordinance amendments (Chapter 20, 17, and 5 of the city code) as part of a settlement with Hope Fair Housing. Changes clarified that domestic violence cannot be grounds for tenant eviction, noise offenses cannot unilaterally trigger chronic-nuisance complaints, nuisance letters must be approved by legal department and shared with tenants, tenants are protected from landlord retaliation, and the fair housing commission will annually review police and ordinance statistics. Councilmember Peterson noted these were negotiated terms and second-reading items; passed unanimously.

Annexation of 9818 North Allen Road (20-232 & 20-233): Council approved a resolution approving an annexation agreement for a small parcel at 9818 North Allen Road. Councilmember Moore asked if road maintenance costs would fall to the city; Director Black confirmed the parcel is small enough that no new public streets will be required—it will be served by private driveways off existing streets (Allen Road and Van Winkle Way). Passed unanimously.

Prospect Road Retaining Wall Repairs (20-234): Council approved a construction contract with Stark Excavating for $84,990 (base $75,900 + DBA contingency $1,500 + authorization $8,590) for prospect Road and Humboldt Avenue retaining wall repairs. Councilmember Moore requested that the contractor's name (appearing as "Dr. Mohammed" on the good-faith effort form) be typed below the signature line for clarity and noted that last year's 18% minority utilization goal fell short (actual 12.1%). Moore requested post-project reporting on actual minority and female worker utilization. Passed unanimously.

Public Works Forestry Services Reinstatement (20-235A & 20-235B): Council approved a two-part item: (A) reinstatement of $100,000 in forestry funding and (B) approval of contract increases with Jymax ($70,000 for tree stump removal and $30,000 for emergency tree trimming, through December 2020). Timothy Riggenbach questioned the reinstatement, citing the council's earlier freeze directive, but Director Powers explained that recent storms had exceeded projections and that the stormwater fund supported the expense. Timothy Riggenbach pressed Powers on whether the city would have adequate snow-fighting capacity; Powers confirmed diminished but not drastically diminished service levels. Votes: Item A passed unanimously (with two-thirds approval required for budget reinstatement); Item B passed unanimously.