PeoriaStory

Pick it up

PEORIA HEIGHTS -- From the news release:

There will be a trash clean-up along the Kellar Rail in Peoria Heights on Saturday, May 16, from 9:00 am until 12:00 pm, sponsored by the volunteer group Recreational Trail Advocates, (RTA).

Registration will be at the Peoria Heights Library, 816 East Glen Avenue. Gloves, trash bags and water will be provided. Volunteers will be asked to fill out a liability waiver.

The event will proceed rain or shine. Long pants, sturdy shoes and long sleeves shirts are recommended.

Lunch will be provided at 12:00 pm at the TNT Sports Bar and Grill, formerly known as the Penguin Tap, on Prospect Street in Peoria Heights. Mayor Allen has been invited to speak at the lunch to provide an update on efforts to convert the nearly abandoned railroad tracks into a recreation trail.

The railroad tracks are controlled by the Federal Surface Transportation Board, in Washington DC, which must approve the removal of the tracks to put in a trail.

There are approximately 9 miles of Kellar railroad stretching from Pioneer Park in North Peoria to the downtown Riverfront. There is only one customer who has received occasional railroad freight for the past five years.

In 2007 the STB ruled that the railroad companies should be given additional time to develop new rail business before the tracks could be replaced with asphalt for public use. No new business has occurred.

The Peoria Park District has several million dollars in state, federal and private funds committed to the recreational trail conversion. Both property owners, the City of Peoria and Village of Peoria Heights, have passed resolutions in support of the recreational trail.

US Senator Durbin, Represenative Schock and Transportation Secretary Ray LaHood have expressed their support for the Kellar recreational trail conversion.

For more information please contact RTA president George Burrier at 266-5085, or visit the website www.ritrail.org.

Pioneer's latest threat

PEORIA HEIGHTS -- Pioneer Industrial Railway, the company that not so long ago filed a SLAP suit against recreational trail advocates, has issued its latest threat: it will seek to store unslightly and perhaps dangerous train cars along the Kellar Branch, in revenge against the attempt by Peoria Heights to get it off the obsolete rail line.

Here's an email that Pioneer president Mike Carr sent on April 17 to Heights mayor Mark Allen:

Do what you want Mark, but understand we WILL use the line until the STB tells us not to. We have a lot car storage business inquiries so we will make certain the track in the Heights can handle the potential influx of storage cars.

Carr sent the email after Allen sent him the following:

Dear Mike: Regarding your demands that we take immediate steps to "kick" CIRY off of the line:

1. We are addressing the issues of which firm is running a car through the
Village of Peoria Heights. That is all we can address. At this time, CIRY is not
running a car or engine through Peoria Heights. Therefore, we do not feel that
they are using the Kellar Branch line through the Village, thus we will not
address the STB decision of allowing them to use the line.

2. If, for any reason, CIRY uses the line as it goes through Peoria Heights, we
will address the issue then.

3. The City of Peoria has a different interpretation of what the lease entials
with Pioneer. In the end, any interpretation of the lease will have to end up in
Illinois courts for a final ruling. However, at this time, we feel the lease is
valid, and that Pioneer has not owned up to its end of the lease.

4. Your reference to "minor wash outs" being the only problems Pioneer has
ignored on the Kellar Branch is far too small in scope. The rail ties, cut weeds
and brush, everything that is blocking, or has destroyed the drainage tiles will
have to be removed, as well. Every broken drainage tile will have to be
replaced. In other words, everything that has been caused by the rail through
the last several years, that has impeded or destroyed the proper drainage will
have to be fixed. Your "minor wash outs" repairs will not suffice. We will walk
the area again after June 3, and if every drainage problem has not been
corrected, we will proceed with having a resolution drawn up to remove Pioneer
from the rail line.

Allen earlier had announced that Pioneer must live up to its contract or the Heights will file a petition with the U.S. Surface Transportation Board to have it removed from the rail line. The Heights wants the line converted into a hike and bike trail (see posts below). Doing the required work would likely cost Pioneer a large sum of money.

At the news conference Carr said Pioneer has only one customer on the line, Carver Lumber, and no prospects for other customers.

Now Pioneer apparently hopes to store train cars on the line, as Central Illinois Rail has done on Peoria's section of the Kellar line.

It remains to be seen how storing train cars has any connection with Pioneer's failure to live up to the contract.

Will other railroad companies allow Pioneer to store train cars on a line that has been deemed unsafe, and has eroded sections that could collapse?

Perhaps Pioneer's threat is hollow, like the SLAP suit it lost in court against trail advocates. It also had to pay their legal fees. Stay tuned.

-- Elaine Hopkins

Proof that trail equals development

PEORIA -- Many in Peoria have scoffed at the notion that conversion of the Kellar Branch rail line into a recreational trail would spur economic development. So what has happened elsewhere?

Does a hike and bike trail lead to economic development and increased property values?

Consider what happened in Dallas, Texas, where a hike and bike trail eliminated miles of slums and blight, replaced by condos selling for up to $3 million.

Yes, $3 million!

The KATY Trail that runs through Dallas, Texas, was a rail line alongside "trashed-out cardboard lean-tos with hobos and homeless living in them," says Mary Phinney, Administrator of the Trail and Preserve Progam for Dallas County.

"These are gone!" she stated in an e-mail.

"The next streets over (Cole and McKinney) on the Dallas side of the tracks were run down crack houses,
apartment housing filled with hot and cold name-the-type-of-sex-you-want entrepreneurs, and were owned by absentee landlords who only wanted the rent, she wrote.

"This is now where the West Village is located and the condos run from $300,000 for 1,200 square feet to larger ones at $1.5 million to $3 million. The blight is gone," she wrote.

Her experience shows how an inner city region can be redeveloped with the addition of a recreational trail.

Here's a photo of the KATY trail, courtesy of Phinney. Check out the website which shows amazing possibilities of what can be done with a trail: store, blogs, etc.

Phinney added, "We have begun the Santa Fe Trail this week. It has already caused a 1.5 acre plot of land to go from $50,000 five years ago to $35 a square foot this year, and that was before the bids were let."

Heights goes after Pioneer for trail

PEORIA HEIGHTS – The village of Peoria Heights has a new strategy to get Pioneer Industrial Railway Co. off the Kellar Branch line so it can be turned into a hike and bike trail.

In a March 31 letter, Pioneer was told that unless it lives up to its 1984 contract and repairs drainage issues, presumably at a high cost, it will be in default of the agreement and can be kicked off the line.

That could clear the way for the trail that’s been planned for two decades, and that offers the Heights the economic development that inevitably follows such a trail.

In an April 8 news conference, Heights mayor Mark Allen outlined this new strategy. Failure to comply with the terms of the lease would be grounds for terminating it, he said, quoting a U.S. Surface Transportation Board ruling.

The village owns a 2-mile section of the rail line. The remainder of the 8-mile line is owned by the city of Peoria, which critics say has been less than aggressive in pursuing the trail.

So the Heights must take the lead. “We’re going to take the bull by the horns,” he said.

“The seeds are there to take care of this problem,” Allen said. “it’s a wasted resource for the Heights. We have a bigger stake in it than Peoria.”

Pioneer president Mike Carr attended the news conference and afterward admitted that only two rail cars, both going to Carver Lumber Co., have passed through the Heights recently, though another is scheduled soon.

He said Pioneer will live up the contract, adding he’s “ecstatic” that the Heights recognizes it as valid. But he also questioned what needed to be done to solve drainage problems. “I’d like to work with them on it,” he said.

Allen said he’s had a dozen complaints in three years from residents living near the tracks. The letter includes supporting photographs showing erosion.

Pioneer has no other customers on the line, and no prospects for any new customers, Carr said, though it keeps looking for new customers. It wants to keep the line open because it links with eight other rail lines along Peoria’s riverfront, he said.

Peoria built a spur on the western end of the line to link to a rail line there, but Carver has complained about increased costs from using it.

Carr said he supports a trail beside the rail line, and that option is under study by a committee. But a previous study concluded the right of way is too steep and narrow, and the costs of such a trail would be prohibitive.

Sending the trail off onto city streets where the rail line right of way is too steep or narrow defeats the purpose of such a trail, Allen said.

A $59 million development planned in the Heights along the Kellar line will come to fruition more quickly if a trail is built, Allen said. Another development at Junction City is also being planned. “There really is a lot at stake here,” developer Alexis Khazzam, who attended the news conference, said.

Former Peoria mayor Jim Maloof attended the news conference and praised the effort. “I complement Mayor Allen for his leadership and the Village Board for taking a stand on this issue and moving it forward,” he said to applause. “This is such a vital economic development tool for our whole area,” he said, because the Kellar trail will provide a link to other area trails.

“Trails are the best neighborhood stimulus in the entire nation,” Maloof said.

Allen said, “Carver Lumber, don’t hold us hostage for losing $25,000. That’s chump change.” That’s the increased cost Carver Lumber is said to have incurred from using the western connection, he said.

Without a customer on the line, Pioneer would have difficulty convincing the STB that the line should not be abandoned.

Allen said even if Pioneer repairs the drainage issues, the economic development issue might also influence the STB, which most recently ruled 2-1 against abandonment. “All we need in one vote,” he said.

Carr said the village also ought to take on Central Illinois Rail, which has been operating on the west end of the line and storing “10 (rail) cars with hazardous material in them” there. That section is in the city of Peoria.

Allen said the village plans to take on one rail company at a time.

He rejected suggestions from the audience that the village perform a “Meigs Field” solution and tear up the rails.

Jim Maloof's letter on Kellar trail

PEORIA -- At the Jan. 23 news conference on converting the Kellar Branch rail line into a hike and bike trail. former Peoria mayor Jim Maloof made an eloquent plea for the trail to be built. He then sent the following letter to the Peoria City Council with copies to trail supporters:

RAIL/TRAiL - "ONE VOICE"

Thanks to Bruce Brown and Mayor Mark Allen of Peoria Heights, nearly 100 concerned supporters of the walking/biking trail attended a meeting at Vonachen's Old Place last week. Mayors, Park Board, Sheriffs office, Tri-County Planning, Springdale Cemetery, Vonachen's Junction and several other representatives of groups from Morton to Princeville attended.

Also attending were Mayor Ardis, Councilman Montelongo, Spain, Gulley, Senator Koehler and representatives of Aaron Schock, John Morris, Jim McConoughey, Senator Durbin and Senator Obama's office.

It was a very strong positive meeting ail in favor of the walking/biking trail and the economic/lifestyle benefits it would have on our area and its future.

During the meeting, a map was presented showing approved traits being used by thousands of people. They were marked in red. See enclosed picture.

Missing was the largest area which was marked in gray and this was our own City of Peoria which has so much to gain. This was brought to the attention of The (Surface) Transportation Board when the presentation was made and they ruled against removing the rails.

We were advised years ago in making an inter-community wide appeal for a project, to speak with ONE VOICE. And so I appeal to our City Council Members, to once again consider & resolution supporting The Walking/Biking Trail. This being a Presidential Election year, we were told this would be an excellent time to take such action. All of Central Illinois would be marked in red in support of the trail speaking as ONE VOICE.

PROS AND CONS

Yes, a new committee has been formed to study side by side trails. This has been done by The Park board. Result? Practically impossible and millions of dollars in costs, A waste of time.

Just the one new development at Junction City, approximately $25,000,000 would bring over ½ million in real estate taxes in addition to increased sales tax dollars. Many more will follow.

Already millions of dollars in new development has taken place near the trail north of Route 6.
Similar plans are already on the drawing board in Peoria Heights. They are our neighbor and we should support their growth and activity.

A possible solution would be to offer the 2 railroads and The Lumber Company a cash settlement over a one year or a ten year plane from the new revenue coming in.

Finally, I speak to you asking for "leadership with courage", Yes, there are objectors and they should be heard. They have been heard for 10 years and there has been no improvement. There have always been objectors. We, during my terms, listened and then made judgment based on what's best for the entire community.

At your next meeting, 2 members from the prevailing side can ask for the matter to be brought up for consideration. I hope there will be "leadership of courage" that says "enough is enough" and we the City Council are voting in the best interest of the entire/area community and say YES, we support the walking/biking trail.

Respectfully,

Jim Maloof

NOTE: Maloof also included a map, which is not reproduced here.

Congratulations to Maloof for speaking truth to power!

GOP Candidates statements on Kellar Trail

PEORIA -- Here are the three statements, in alphabetical order, submitted by the Republican candidates for Congress from the 18th Congressional District. These statements were read at the Jan. 23 news conference on the Kellar trail. (See story below.)

JIM McCONOUGHEY Statement for Kellar Trail Press Conference

Good Morning. My name is Ginger Hermann and i am here today to represent the position of Republican Candidate for the 18th Congressional District Jim McConoughey -who sends his regrets for not being able to attend in person.

Jim McConoughey fully supports the creation of a Kellar Recreational Trail as an important economic development and quality of life initiative -not only for the City of Peoria and the Village of Peoria Heights, but the entire region.

Jim McConoughey understands the many challenges that continue to face this project and sends his sincere appreciation to all the advocates and volunteers that have worked So hard to advance this issue through the years. Ultimately, each of you in attendance are responsible for continuing to keep this important issue in front of the public.

in Congress, Jim McConoughey promises to continue working with the Surface Transportation Board to advance the cause of the Kellar Trail. In the meantime, Jim will also work with the STB to enforce its own rulings allowing the citizens of Peoria and Peoria Heights to receive a reasonable rate of return from rail operators for use of the publicly owned Kellar Branch. Equally important, Jim will work with the Transportation Safety Administration to make sure that any interim use of the aged Kellar Branch is accomplished with public safety as the top priority.

The successful completion of this ongoing project is just one of the many difficult public challenges facing our region in the coming years. Jim McConoughey is the ideal candidate for Congress with the best track record of working together in order to solve problems and get the job done.

On behalf of Jim McConoughey, thank you for your attendance and for your support of this important project.

__________________________________________________________

JOHN MORRIS STATEMENT ON THE KELLAR TRAIL

I strongly support the conversion of the Kellar Branch railroad line to a recreational trail and will use my authority as your Congressman to:

o Be an authoritative and vocal advocate for conversion to a trail; and
o Sponsor legislative or administrative action to effect the conversion.

My position is based on sound public and legal policy.
A. This small section of rail is publicly owned by the City of Peoria and Village of Peoria Heights.
In this regard the public interest as expressed by these governments should be given the highest
priority.

B. The Kellar Rail Branch provides no Interstate Commerce benefits and should be exempt from
the jurisdiction of the Surface Transportation Board. Authority for this exemption is already
provided by law in US Code Title 49 relating to Interstate Commerce. Exemption is provided in
those cases where the rail service:

(1) is not necessary to carry out the transportation policy of the United States; and
(2) either:
(A) the rail service is of limited scope or
(B) the STB is not needed to protect shippers from the abuse of market power.

All of these conditions have been met in this case.

Our local governments have invested millions of dollars to provide alternative rail service to customers desiring rail service in Pioneer Park. The rail carriers responsible for preventing the conversion to a trail have abused the regulatory system gaming both the STB and the general public. This abuse of the regulatory system has cost the taxpayers tens of thousands of dollars in unnecessary expenses and hundreds of thousands of dollars in lost economic opportunity.

As your Congressman I will use my power to stop this abuse and wasteful spending. I will use my power to return the regulation of the Kellar Rail Branch to its owners, the City of Peoria, the Village of Peoria Heights and the citizens of this community.
_____________________________________________________________

AARON SCHOCK Position on the Kellar Branch Rail to Trail

Because of the combination of overwhelming public support and common sense economics, I support conversion of the Kellar Branch rail line to a recreational trail without further delay.

The City of Peoria and built a western rail access to Pioneer Park with federal grant monies and a local share of funding as well, to accommodate businesses in Pioneer Park who want rail access.

The amount of money to keep the Kellar Branch rail up to safety standards and the annual rent due Peoria Heights and the City of Peoria is vastly more costly than the savings one company obtains by using the Kellar Branch rail spur instead of the western rail access or by truck. Therefore, preventing the completion of a 70 mile recreational trail and positive redevelopment along the trail cannot be justified economically.

As a Congressman I will work to enforce current federal law to have the rail companies pay fair market rent to Peoria and Peoria Heights. The Surface Transportation Board has ruled in previous cases that a proper lease rate is 10-12% per year of the value of the land. Continuation of operating the Kellar Branch rail spur defies basic economics if the rail companies are held to their obligation to fulfill proper lease payments and make adequate safety upgrades.

The Kellar Branch rail spur has been little used in the past ten years and is in disrepair and there has been precious little commercial demand for its operation. On the other hand thousands of area residents are clamoring for the closing of the gap in the 70 mile recreational trail.

Local governments and their citizens must be accurately represented in Congress. Therefore as a Congressman, I will lobby the STB and the FRA relentlessly to facilitate a transformation of the rail to a trail. Additionally, I will work assiduously explore the possibility of working with our two U.S. Senators to enact a federal earmark to supersede federal rules and regulations so the Kellar Branch can be expeditiously converted into a recreational trail.

Until trail proponents obtain a green light to proceed with a conversion to a trail, local governments and our federal Representative and Senators need to hold the rail companies feet to the fire to live up to their obligations regarding safety and operating agreements, with lease payments in the court-sanctioned 10-12% range of the value of the land per year. If rail companies want to point to current law as to their rights to continue to operate, they simply must live up to every obligation that comes with it. If they are held to account for those obligations, I believe they will quickly come to the conclusion that is not economically feasible for them to operate on the Kellar Branch rail spur.

If the rail companies refuse or cannot comply with the reasonable requests to fund safety and operating agreements with lease payments to Peoria Heights and Peoria, then it will be proven that the highest and best use of the land is the recreational trail. A company just cannot continue to claim rights to land it does not own if they have not been paying rent and refuse to pay market value rent in the future.

As a Congressman, it is my intention to work hard to cut to the chase and tie up loose ends with the federal agencies having authority over the Kellar Branch rail line as it currently exists. There has been far too much spinning of wheels in the process so far and final resolution needs to be concluded as soon as possible.
I have no doubt that years from now, when the trail is built, people will look back and be grateful to those advocates who have worked relentlessly to complete this much needed trail.

__________________________

All three candidates offer strong statements, though the statements of Morris and Schock seem to be stronger than that of McConoughey. But judge for yourself.

-- Elaine Hopkins

Train on Kellar Branch

PEORIA -- With an earsplitting blast, a Pioneer Rail Corp. locomotive and one closed freight car made its way through north Peoria around noon on Jan. 26 until it reached Carver Lumber Co. 8700 N. University.

With only a flagman to stop traffic, it crossed busy streets such as Prospect, Knoxville and Pioneer Parkway.

Another man manually operated warning lights on Knoxville but the lights didn't work on Pioneer Parkway, where an observer saw a motorist nearly collide with the train.

There are no signs on these roads warning motorists of a railroad track ahead.

Traffic briefly was backed up on Knoxville and Prospect to allow the slow-moving train to cross.

Carver Lumber Co. was closed, so the engine and boxcar were left inside a locked fence there.

The photo shows the train crossing Knoxville Ave.

Pioneer's contract with the line's owners, the city of Peoria and the village of Peoria Heights, to operate on the rail line expired years ago, but Pioneer insists it has the right to operate based on a ruling by the U.S. Surface Transportation Board.

The two owners also have demanded that Pioneer pay fair rent to use the line, but Pioneer has refused.

State and local officials have expressed concern that the old rail line is not safe to use, and that the signals also are not working properly.

Trail advocates want to turn the line into a hike and bike trail that would connect Peoria with miles of other trails throughout Illinois, but the railroad has fought to keep the line from being railbanked for the trail.

A committee has been appointed to determine whether a trail can be built beside the rail line, an alternative that a Peoria Park District study has ruled out because of the typography with steep slopes on either side of the rails.

Trail advocates call this committee just another delaying tactic to stall development of the trail.

-- Elaine Hopkins

The push for the Kellar recreational trail

PEORIA -- Recreational Trail Advocates held a news conference on Wed., Jan. 23 to energize area officials to keep pursuing a hike and bike trail on the Kellar Branch rail line.

The event attracted mayors. elected officials and others from the region, all voicing support for the trail, from both political parties.

Also weighing in and promising to support the trail: all three candidates for the Republican nomination for the 18th District Congressional seat. They sent letters of strong support which were read to the standing-room-only crowd of around 75 people.

The also suggested further tactics, from federal earmarks to new legal strategies.

The candidates were not asked to appear in person since their schedules are already hectic. They promised to work hard with federal officials to make the trail a reality.

Former Peoria Mayor Jim Maloof delivered an eloquent talk on leadership and courage, and called on the assembled officials to stand up and speak out for the trail, a public good that far outweighs small profits for a couple of businesses.

He also emphasized the estimated $40 million in economic development and redevelopment, condos and retail businesses, waiting on the trail,

Peoria Mayor Jim Ardis said that contrary to rumor, the city favors the trail and will continue to push for it.

Other officials voicing support at the meeting included state Sen, Dave Koehler, and Peoria County Board member Mike Phelan who represents the district,

Both candidates for the 92nd Illinois House seat in the Democratic primary have stated previously that they support development of the trail,

Peoria and Peoria Heights recently appointed a committee re-examine the possibility of a trail beside the rail line, but that possibility has previously been ruled out because of the topography.

RTA supporters believe the committee is another delaying tactic by the anti-trail faction. Its report is supposed to be delivered in April.

One of the railroads fighting for use of the line recently ran an engine over the tracks, reportedly waiting until the ground was frozen solid so the rails would stand up to the use.

Many people at the meeting expressed frustration that this trail, an obvious public benefit, has been stalled for so long.

-- Elaine Hopkins
-- photos by Al Harkrader

Kellar trail wreck

PEORIA -- Here's a link to today's Journal Star editorial on the latest Kellar Trail crisis.

It nicely sums up the history of this sad debacle. PJS business editor Paul Gordon also has a column on the lost development that will occur if the trail is not built. Apparently his column is not on the newspaper's website yet.

The federal Surface Transportation Board's 2-1 ruling last week against abandonment of the line for a recreational trail is a serious but perhaps not fatal blow to the trail. The ruling can and should be appealed.

Maybe a special act of Congress can save it, though that's unlikely.

More serious is the loss of the trail to the economic development of that section of Peoria and Peoria Heights. That's a knockout punch. The area likely will see Peoria's East Bluff troubles creeping north of War Memorial with the economic stagnation that loss of the trail will carry.

Peoria seems determined to turn itself into St. Louis: a few historic districts, which have lost most of their interesting architecture, surrounded by decay resulting from civic neglect and lack of imagination.

Middle class families are forced into distant suburbs where they are surrounded by the usual boring chain store/highway development -- anywhere USA.

How sad.

-- Elaine Hopkins

Kellar Branch resolution

PEORIA -- The Peoria City Council and the Peoria Heights Village Board are being asked to approve a formal resolution supporting conversion of the Kellar Branch rail line into a multi-use recreational trail.

The group Recreational Trail Advocates is pushing the resolution with the elected officials, and is also sending it, a letter and accompanying fact sheets and a map to residents living along the trail.

Central Illinois Rail Corp recently began replacing rails and ties, either to begin rail service or to fool the U.S. Surface Transportation Board into thinking the line is still viable as part of its effort to keep the line from being turned into a trail. The information from RTA explains to the property owners what's going on.

The documents, which speak for themselves, are reproduced below:

RESOLUTION PERTAINING TO KELLAR BRANCH RAIL LINE
WHEREAS, the Kellar Branch Rail Freight Line is an eight mile rail spur running from the edge of Peoria's Downtown north to Pioneer Parkway, with connections to the trail head of the Rock Island Trail State Park; built on vacated rail right-of-way, the Rock Island Trail runs twenty seven miles north from Alta to Toulon, Illinois; and

WHEREAS, the proposed Kellar Trail provides the final 5 mile critical link to the over 70 mile regional trail system of Central Illinois connecting the Rock Island State Trail (and the communities of Alta, Dunlap, Princeville, Wyoming and Toulon) to communities such as Peoria, Peoria Heights, East Peoria, Morton, and Washington; and

WHEREAS, the eight miles of the Kellar spur runs through what has now become the central part of the City of Peoria and Village of Peoria Heights; 93% of the adjacent right-of-way is zoned residential; and

WHEREAS, there has been little or no rail business on the line for almost ten years; the one remaining user in Pioneer Park was receiving about one rail car per week; in the last two years - none; and

WHEREAS, two years ago the City of Peoria, with Federal grant monies, and local share, built a $2.3 million direct western rail connection to Pioneer Park, as a replacement and upgrade for the eastern Kellar Branch, and to possibly attract more rail users to Pioneer Park; none came forward; and

WHEREAS, the Peoria Park District has received over $4 million in grant money from the federal government and state government for the construction of the proposed Kellar Trail and has completed design work as well as construction of connections to the proposed trail; and proposals to place the trail adjacent to the rail (shared right-of-way) have been analyzed and proven unfeasible due to the extreme costs of overcoming the topographic and drainage challenges as well as safety concerns of rail cars moving in close proximity to trail users; and

WHEREAS, the rail companies continue to occupy and claim rights to the Kellar line - land owned by the City of Peoria and Village of Peoria Heights - without paying rent and without an operating agreement with either governmental unit; the Surface Transportation Board (STB), in its own rulings, has held that municipalities are entitled to a fair rent for the use of municipal property by rail companies; and

WHEREAS, the Kellar Trail enjoys wide support in the community; the trail has been endorsed by the Peoria Park District, Peoria County Board, the Peoria City Council, the Peoria Heights Village Board, the Peoria Heights Library Board and Tri-County Planning Commission; therefore, be it

RESOLVED, by the City Council of the City of Peoria, Illinois, that we have determined that the best use of the Kellar Branch Railroad property for all citizens and visitors to our community is to convert the railroad to a multi- use recreational trail system, providing potential connections to hundreds of miles of other trails throughout Illinois; and urge the STB to make a decision soon to allow our community to proceed with the development of a multi-use recreational trail on property that we own; and be it further

RESOLVED, that the Peoria City Council ask Senators Richard Durbin and Barack Obama, Congressman Ray LaHood and all members of Congress from Illinois and all other elected officials throughout Central Illinois to support us in this matter.

Kellar Branch Fact Sheet

1. The Kellar Branch Rail Freight Line is an 8-mile rail spur (about 6 miles in Peoria; 2 miles in Peoria Heights), running from the edge of Peoria’s Downtown north to Pioneer Parkway, with connections to the trail head of the Rock Island Trail State Park. Built on vacated rail right-of-way, the Rock Island Trail runs 27 miles north from Alta to Toulon, Illinois.

2. The 8-mile Kellar Branch spur runs through what has now become the central part of the City of Peoria and the Village of Peoria Heights. 93% of the adjacent right-of-way is zoned residential.

3. There has been little to no rail business on the line for almost 10 years. The one remaining user in Pioneer Park was receiving about 1 rail car per week; in the last 2 years – none.

4. In 2005, the City of Peoria, with Federal grant monies, and local share, built a $2.3 million direct western rail access to Pioneer Park, to enable the closure of the Kellar Branch, and to possibly attract more rail users to Pioneer Park. None came forward.

5. The Peoria Park District (PPD) has received over $4 million in grant money from the state and federal governments, for the construction of the proposed Kellar Trail and has completed design work , as well as construction of connections to the proposed Kellar Branch trail, and proposals to place the trail adjacent to the rail (shared right-of-way) have been analyzed and proven unfeasible due to the extreme costs of overcoming the topographic and drainage challenges as well as safety concerns of rail cars moving in close proximity to trail users. (These related costs are available from the PPD.)

6. The rail companies continue to occupy and claim rights to the Kellar line – land owned by the City of Peoria and Village of Peoria Heights – without paying rent and without a contract with either governmental unit. The Surface Transportation Board (STB), in its own rulings, has held that municipalities are entitled to a fair rent for the use of municipal property by rail companies.

7. The Kellar Branch Trail enjoys wide support in the community. The trail has been endorsed by the:
Peoria County Board Peoria City Council
Peoria Park District Peoria Heights Village Board
Peoria Heights Library Board Tri-County Regional Planning Commission
(and more)

8. Rail-banking allows the creation of a trail now, but retains the rail right-of-way intact for any future rail use if needed.

Frequently Asked Questions

1. Why can’t the trail be built next to the rail?
Ans. Cost. An estimated 29 million dollars would be needed to bridge all of the steep slopes and drainage ditches alongside the tracks. Current grants (around $4 million) were provided for a trail primarily separate from automobile traffic. Routing the trail around steep terrain next to the rails and on streets would violate the terms of the grant for one reason, and secondly, would provide a trail where less than 50% of the trail would be separate from automobile traffic. Further, the 4 million dollar grant has been pending for 10 years and will likely be lost if not used soon.

2. Who owns all the land, rail and ties of the Kellar Branch?
Ans. The Village of Peoria Heights owns 2 miles and Peoria owns 6 miles of the land, ties and rails.

3. Who would build and maintain the trail?
Ans. The Peoria Park District (PPD) would subcontract the construction, while PPD crews would be responsible for the maintenance of the trail.

4. What can I do to make this trail a reality?
Ans. Check the website at www.ritrail.org for the next monthly meeting of the Recreational Trail Advocates and volunteer to work on the many projects or call George M. Burrier at 309-266-5085. If you are a resident of Peoria contact Mayor Ardis and your council person to let them know of your support. If you reside in Peoria Heights contact Mayor Allen and your village trustees to let them know of your support. Contact Senator Durbin or Senator Obama’s office. Contact Congressman LaHood’s office.

Peoria:
Mayor Ardis—jardis@ci.peoria.il.us--678-4758(c)
1st dist. Clyde Gulley, Jr.—cgulley@ci.peoria.il.us—253-0827(c)
2nd dist. Barbara Van Auken—vanauken1@sbcglobal.net--678-0593
3rd. dist. Robert Manning—rmanning@ci.peoria.il.us--688-2104(c)
4th dist. William Spears—rspears@ci.peoria.il.us--688-0960(h)
5th dist. Patrick Nichting --pnichting@ci.peoria.il.us--674-1390(w)
George Jacob—gjacob@ci.peoria.il.us--692-2883(w)
Jim Montelongo—jmontelongo@ci.peoria.il.us--258-9610(c)
Gary Sandburg—illeone@aol.com--678-2280(c)
Ryan Spain--rspain@ci.peoria.il.us--495-5977(w)
Eric Turner--WETurner@ci.peoria.il.us--675-4405(w)

Peoria Heights:
Mayor Allen—marcus57@aol.com
Andrea Pendleton—pendleton27@insightbb.com
Other Trustees—pheights@insightbb.com--686-2370

Congressman LaHood’s chief of staff--Tim Butler—tim.butler@mail.house.gov
Senator Durbin’s aide—Bill Houlihan—bill_houlihan@durbin.senate.gov
State Senator Koehler—senatorkoehler@insightbb.com

5. Will this trail have any effect on my property value?
Ans. Take a walk just north of Alta and observe the size and number of houses that have been built since 1990 when the trail was first opened. The trail has improved the quality of life and is desirable. We believe the reactivation of the Kellar Branch will actually hurt chances for additional commercial and residential development in Junction City in Peoria and Peoria Heights. A multitude of studies from trails and communities
(over)

across the country from the 1980’s until today demonstrate the positive effects on property values and salability of homes near trails.

6. Why is this section of the Kellar Branch between Pioneer Parkway and Harvard Street so important?
Ans. This section will link many population areas of Peoria and allow non-motorized traffic to reach the Peoria riverfront. Additionally, it links the 29 mile Rock Island Trail up with the River Trail Of Illinois in East Peoria and the Morton Community Trail allowing people to ride from Morton to Toulon with minimum vehicle contact.

7. Why is Central Illinois Railroad Company (CIRY) restoring the Kellar Branch?
Ans. In its discussions with the City of Peoria CIRY has failed to state its reasons for the restoration.

8. Will the trail make my tax bill go up?
Ans. Trail development dollars come primarily from development grants. The largest grant has a 20% local match, that is, PPD pays only 20% of the cost of development. All matching money has been set aside already. The PPD projects an annual maintenance cost of roughly $15,000 per year based on current maintenance cost of the 2 mile completed trail section north of Pioneer Parkway. So the short answer is : Yes, by literally a few pennies.

9. Is CIRY paying anything to Peoria or Peoria Heights for the use of the Kellar Branch or the newly built $2.3 million Union Pacific rail from the west to Carver Lumber Company and the Pioneer Park area?
Ans. Peoria demanded that CIRY pay it 12% of the appraised real estate value of the Kellar Branch which is permitted under the STB guidelines of the 6 miles of right-of-way it owns and to sign an operating agreement which was to be done by July 27, 2007. CIRY has refused to do either at this point. Peoria Heights has not yet made a formal demand for its portion.

10. Can CIRY continue to store oil tank cars on the Kellar Branch?
Ans. The attorney Peoria has hired feels that Peoria can put a stop to this practice.

11. Are there any economic projects dependent on the conversion of the Kellar Branch to a trail?
Ans. Mayor Allen feels that allowing rail cars to return to the Kellar Branch will greatly reduce the chances for the commercial re-development of the vacant Cohen’s building. Also the potential trailhead grant for $390,600 will be lost if there is no trail in place by January 1, 2010. Finally, the multi-million dollar commercial and residential plans of Junction Ventures at Junction City in Peoria are on hold until the trail becomes a reality.

12. Will the issue of privacy be addressed by the Peoria Park District?
Ans. Yes. The PPD will work with individual homeowners adjacent to the trail and will provide some form of landscape screening if requested.

If you have a question not answered, you contact George Burrier at gburrier@mtco.com or you can call him at 309-266-5085.

The Letter (on Friends of the Rock Island Trail letterhead)

November 16, 2007

To residents living along the Kellar Branch freight rail line:
Recreational Trail Advocates (RTA) continues to support converting the Kellar Branch rail line, a freight line running from Pioneer Park to NE Adams St., into a multi-use recreational trail.
We want you to know that this effort is in jeopardy, and we need your support. Please read the accompanying fact sheet and frequently asked questions and answers for background on this effort. A map of the affected area is also enclosed. Plans at this time call for the trail to end where it joins the trail through Springdale Cemetery.
The Peoria City Council and Peoria Heights Village Board are being asked to approve formal resolutions of support for the multi-use recreational trail.
Please sign and mail the enclosed post card showing your support, which will be delivered to the appropriate government officials.
If you have questions about the trail effort, please call or email one of the following RTA volunteers:
George Burrier (309) 266-5085 gburrier@mtco.com
Bruce Brown (309) 696-1105 lmancuso@arnd.com
David Maloof (309) 676-6000 dave@maloofcom.com

Sincerely,

George M. Burrier, Jr.,
President of the Recreational Trail Advocates, Inc.
President of Friends of the Rock Island Trail, Inc.