Peoria approves $100,000 passenger rail study; defers cannabis rules, withdraws Smart City deal
PEORIA, ARIZONA — September 13, 2022

Peoria approves $100,000 passenger rail study; defers cannabis rules, withdraws Smart City deal

Peoria City Council approved $100,000 for transformative passenger rail feasibility study to Chicago, deferred cannabis dispensary regulations pending legal review, debated video gaming waiting period reduction, and withdrew controversial Smart City brokerage agreement with Distillery Labs pending further oversight review.


Peoria Council Approves Rail Feasibility Study, Defers Cannabis Rules and Smart City Brokerage Pending Legal and Governance Review

On September 13, 2022, the Peoria City Council voted to commit $100,000 toward a federal feasibility study for passenger rail service to Chicago, marking a rare moment of bipartisan consensus on an infrastructure project that council members and former U.S. Secretary of Transportation Ray LaHood described as a once-in-a-generation opportunity. The same meeting, however, exposed deep divisions over governance and control as the council deferred a cannabis dispensary ordinance for legal analysis and withdrew a controversial Smart City brokerage agreement with Distillery Labs, citing concerns about relinquished municipal authority and insufficient staffing.

The 6 p.m. Tuesday meeting also saw unanimous approval of video-gaming waiting-period reduction (from 24 months to 6 months on first reading), recognition of fire-department promotions, and a utility-assistance program for residents facing rising electric costs. But it was the rail project, the cannabis deferral, and the Smart City withdrawal that dominated debate and revealed fractures in council priorities.

Key Speeches

Passenger Rail Project

"This is not inexpensive. If this goes forward we're talking about $2.5 billion, and that money will be spent to fix up a corridor that currently exists but needs improvement. This is an investment in a corridor all across Illinois, not just in Central Illinois. If you build it, they will come—you all remember what that area of Normal looked like before they built an Amtrak station. Go over there today: the Children's Museum, all kinds of small businesses, hotels. That is what will happen along this corridor." — Former U.S. Secretary of Transportation Ray LaHood

"When I moved here in '92, people were talking about the train and what it would mean to get service back. I don't ever hear people talk about what it was; I talk and hear people talk about what it can be and what it may be. We know what happens if we don't do this study—we get no train. But we don't know what happens if we make sure we take a chance and we fight for our right to be able to get this train here by doing this study." — Councilman Rodrigo Rock Regal

"It's good that other entities are participating in the potential payment of this feasibility study. Until eight or nine years from now, I think about my kids possibly taking this train when they go off to college. We're thinking about the future of our city with this project." — Councilmember Dr. Andre Dr. Andre W. Allen

Cannabis Dispensary Deferral

"I'm not in favor of doing this now. I did contact Corporation Council to see if we're required to adopt this exemption because the state has added this exemption for the social equity businesses that got the permit, and I'll let her respond at this point. She's done some research and I think she needs to do a little bit more to determine whether or not we're required to do this by the state." — Councilmember Timothy Jensen

"Although we may feel that we don't want to have one dispensary here and then the social equity designation dispensary less than 1500 feet away, the whole purpose of this designation is to give those who haven't had the resources or the ability to participate in this new industry a leg up. And so that leg up may mean purchasing a property that is more affordable for them or more accessible for them, and it might be less than 1500 feet of that current dispensary." — Councilmember Dr. Andre Dr. Andre W. Allen

"I need to make sure that our ordinance is sound and we get this right. I think we need to have a policy session on this because it seems like these dispensaries are in the fourth district. We cannot be reactionary when it comes to this because what's going to happen is we're going to start getting more and more applications." — Councilmember Dr. Andre Dr. Andre W. Allen

Smart City Brokerage Agreement

"This is a streamlined process that we are offering so that not every startup that wants to utilize the city right-of-way has to approach the city council for a permit and go through this process every time. The idea behind the brokerage agreement is you're giving us some rights to work with your staff to offer these things to startups." — Chris Setti, interim director, GPEDC/Distillery Labs

"When I look at the agreement, you mention the broker being Distillery Labs and the startups being sponsors, and I'm worried about the messaging and the relationship of requiring from a sponsorship perspective the ability to access the ability of rights-of-way from Peoria. If the city of Peoria had direct command and control over this and there was no middleman, I would have fewer queasiness about it." — Director Stubbs, Peoria Innovation Center

"I'm not sure every aspect of it we should have. I don't think it should comport with comfortability on each aspect when you consider the extent to which they're getting into taxpayer resources, city resources, accessing areas that are really under the control—should be ideally under the control of—the Public Works Department, which works for the taxpayers of the city of Peoria." — Councilman Graham


Timeline

Rail Feasibility Study (22-308a and 22-308b)

Cannabis Dispensary Ordinance (22-293)

Video Gaming License Waiting Period (22-307)

Smart City Brokerage Agreement (22-310a and 22-310b)


Opposition

Smart City Brokerage Agreement:


Support

Smart City Brokerage Agreement:

Rail Feasibility Study:


Project Details

Passenger Rail Feasibility Study (22-308a and 22-308b)

Smart City Brokerage Agreement (22-310)

Cannabis Dispensary Ordinance (22-293)

Video Gaming License Waiting Period (22-307)


Vote Breakdown

Passenger Rail Feasibility Study (22-308a)

Passenger Rail Budget Amendment (22-308b)

Video Gaming Waiting Period Reduction (22-307, first reading)

Cannabis Dispensary Deferral (22-293)

Smart City Brokerage Agreement Deferral (22-310b)

Council Compensation (22-309, first reading)

Utility Assistance Program (22-311)

Comprehensive Annual Financial Report 2021 (22-313, receive and file)

Workers Compensation Claims Budget Amendment (22-312)


Outcome & Next Steps

Passenger Rail Feasibility Study

Cannabis Dispensary Ordinance

Smart City Brokerage Agreement

Video Gaming Waiting Period

Council Compensation

Fire Department Promotions

Utility Assistance Program (2022)

Comprehensive Annual Financial Report 2021


Controversies & Context

Cannabis Dispensary Framework

The core tension centers on state preemption vs. local control. Illinois's Cannabis Regulation Act mandates social equity provisions to remedy historical barriers, but the extent to which municipalities must honor those exemptions to distance limits remains legally ambiguous. Councilmember Jensen expressed concern about cluster formation (referencing Knoxville's payday-loan concentration as cautionary tale) and the city's inability to impose district caps if it defers to state-mandated social equity exemptions. Dr. Andre W. Allen countered that the spirit of equity requires allowing affordable-location access, even if sub-1500-foot proximity results. The deferral signals council recognition that fiscal and social-equity pressures conflict with parochial land-use control, necessitating legal clarification before ordinance adoption. A future policy session on overall cannabis strategy was pledged.

Smart City Brokerage and Municipal Governance

The Distillery Labs controversy reflects a broader governance and accountability debate: Should the city relinquish direct permitting authority to a private (albeit nonprofit) intermediary, or maintain "command and control" (Director Stubbs' phrase) over public right-of-way? Concerns included:

  1. Staffing credibility: Distillery Labs lacks permanent executive director; Chris Setti serving ad hoc; no dedicated staff apart from part-time loans from partner organizations (OSF Healthcare, GPEDC). John Kelly and Councilman Graham questioned whether an unproven entity should hold broker authority.

  2. Duplication and messaging: Peoria Innovation Center (Peoria Next) has 20-year track record and generated $400+ million in startup value. Creating a parallel "brokerage" via Distillery Labs risks confusing entrepreneurs and entrepreneurs about which entity to approach.

  3. Right-of-way liability and control: Director Stubbs and Councilman Graham invoked analogy to relinquishing police-department command. While Interim Corporation Council assured city retains approval rights and Director Powers confirmed ability to "cease and desist," the two-week deferral suggests council discomfort with blanket-permit language and need for tighter legal safeguards.

  4. Board and governance transparency: John Kelly noted limited public vetting of Distillery Labs' board (OSF Healthcare, Caterpillar, Bradley, venture capitalist from Massachusetts). Only upon questioning did council learn Setti is the de facto staff; that Setti's role is "interim" and shorter-term replacement expected; and that the nonprofit is still under construction (ICC building, cost overruns, value-engineering phase).

The unanimous deferral suggests council openness to the concept but insistence on clearer governance, staffing, and integration with Peoria Next before approval.

Rail Project and Federal Opportunity

The 9–1 vote (John Kelly dissenting) reflects rare consensus on transformative infrastructure but John Kelly dissent warrants note: John Kelly supported earlier video-gaming and other business-friendly measures but voted against rail funding, possibly signaling skepticism about multi-year commitments or federal-dependent projects. John Kelly did not state reasons on the record; no council member pressed for explanation. The bipartisan support from Dr. Andre W. Allen, Rodrigo, Denise Jackson, Timothy Riggenbach, and others, combined with Mayor Ali's and Ray LaHood's framing as a "once-in-a-