Daily Archives: July 11, 2009

Kellar Branch

Kellar Branch will likely be abandoned after all

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Kellar Branch RailroadOn the City Council agenda this week is an agreement — one of a “series of agreements” — that will pave the way (get it?) for a portion of the Kellar Branch to be abandoned so it can be converted to a recreational trail.

This agreement is pretty mundane. It just sets out how Central Illinois Railroad (CIRY) and Pioneer Industrial Railway (PIRY) will share trackage rights on the portion of the branch that remains, as well as the western connection to the Union Pacific line.

However, there is a mysterious, new entity that has popped up in the agreement: something called the “Kellar Branch Corridor Corporation.” According to the Secretary of State, it’s a not-for-profit organization incorporated in October 2008 by Thomas Leiter. You know Tom Leiter — that’s Alexis Khazzam’s father-in-law. Khazzam is a big recreational trail supporter. It seems this corporation has signed some sort of “Leasehold Purchase Agreement” with both CIRY and PIRY in October and November of last year.

Basically what this means is that Tom Leiter has somehow bought out CIRY and PIRY’s interest in all or part of the line. I can only presume he’s done the same with Carver Lumber, although it’s not explicitly stated in this, the first in a “series of agreements.” I wrote to city attorney Randy Ray asking for more details, but all he would say is:

I will try to get answers to all of [your questions]. For now, I will answer that the plan is to build a trail between Candletree and Park, with Carver being served from the West. This result is contingent on other things happening and is not assured by the Agreement on the agenda.

Well, we know that it’s more expensive to get rail service from the west. If that were feasible, the Kellar Branch would have been abandoned years ago. So, what’s changed? Only the creation of the mysterious “Kellar Branch Corridor Corporation” and its “Leasehold Purchase Agreements.” Sounds to me like some money has changed hands, and everyone’s willing to let the Kellar Branch be abandoned now. What they couldn’t do through lawsuits and regulators, they appear to have succeeded in doing with a little filthy lucre.

So money talks. What’s new? Well, here’s what we need to keep an eye on: who’s money? If it’s Tom Leiter’s, well, that’s his affair. But if one of these future agreements involves the Peoria Park District or the City of Peoria giving a large chunk of taxpayer money to Tom Leiter in return, that’s a different story. Somehow I just have a feeling that the taxpayers are the ones who are going to end up financing this scheme.

Ya gotta love the secrecy of Peoria politics. This has clearly been going on for more than nine months, yet this is the first time we’re hearing about it (publicly, anyway), and only because it has to be approved at an open meeting. Even then, they’re going to trickle out the agreements over time, so we can only see the full picture after it’s too late for the public to make any objections. A brilliant, albeit underhanded, plan.

Congratulations to the trail enthusiasts. It seems likely they will finally get what they’ve coveted for so long. Between this and the pending museum, Utopia is clearly just around the corner.

City Council, City of Peoria, Illinois American Water

Water rates could skyrocket

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Future water bills will be significantly higher if Illinois American Water Company and the City of Peoria get their way.

Illinois American Water Company (IAWC) wants to raise rates about 5% for infrastructure improvement, plus another 30.18% for a general revenue increase to cover higher operating expenses. The City, also in need of more revenue, is considering the possibility of imposing a 5% water utility tax to take effect next spring.

Let’s see, 5 plus 30.18 plus another 5 . . . that’s a 40.18% increase! That means a family that currently pays $30 a month for their water bill will be paying $42.05 (and this doesn’t include the $6 “garbage fee” that will remain on the water bill as well). That’s an increase of $144.60 per year. Wow!

Speaking of the garbage fee, they’re simultaneously looking at cutting the very services that fee supports. They’re suggesting the elimination of free landscape waste pickup — transferring the cost of that service to the users.

Meanwhile, downtown parking will continue to be subsidized. Priorities, you know….

Look for the exodus from Peoria to continue.

City of Peoria

Lawsuit: Peoria doesn’t comply with ADA, Illinois Accessibility Code

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If you watch or attend Peoria City Council meetings, you’ve probably seen Roger Sparks. He’s on the Mayor’s Advisory Committee for the Disabled. He is a person with a disability. And now he’s suing the City for non-compliance with the Illinois Accessibility Code, the Environmental Barrier Act, and the Americans with Disabilities Act.

The lawsuit has been filed in United States District Court, Central District of Illinois. Sparks has been agitating for ADA compliance in the City for years, but to no avail from what I can tell reading the complaint. The first part of the complaint states violations regarding Peoria City Hall: no directional signage indicating the nearest accessible entrance, no accessible public men’s room after hours, public service counters are too high (above 34 inches), and several violations in council chambers (Room 400).

But that’s not all. Sparks has additional complaints (incidentally, he filed in forma pauperis, which essentially means he’s acting as his own lawyer, so much of the complaint is in first person):

The City of Peoria does not comply with ramp transitions to walks, gutters, or streets, as most curb cuts within the City of Peoria are not flush and free of abrupt changes. Sections of sidewalks within the City of have height differences of 1/2 inch or more. Others sidewalks are left to deteriorate and cannot be use by a person in a wheelchair. I have had to exit a bus on a sidewalk only to enter the street in front of the bus using a traffic lane to get to the intersection and cross the street as some curb cuts are blocked by
obstacles. I have had to drive my wheelchair down lanes of traffic, as there are no sidewalks in some areas of Peoria. Several intersections within the City of Peoria have raised islands with no cut through level with the street or have curb ramps at both sides.

During winter months the City of Peoria plows in bus stops and curb cuts making them inaccessible to myself. The City of Peoria does not require sidewalks to be cleared.

The City of Peoria has revised Chapter 17 of its code, Article II Fair Employment and Housing with ordinance No. 15,889[…]. This ordinance has denied me the right to file a housing complaint against my landlord with the City of Peoria. The City of Peoria will not investigate discrimination of state, or United States laws.

The City of Peoria refuses to comply with Section 35.105 self-evaluation of the American with Disabilities Act. As I have requested a copy several times.

Ordinance 15,889 denies me the right to file discrimination complaints with the City of Peoria against businesses having violations from City of Peoria codes, ordinances, the Environment Barrier Act, the Illinois Accessibility Code when altering their parking lots, in their Zoning Certificates, and allowing these businesses to obtain special use permits not only once but twice while having these violations. The City of Peoria even moves or extends Enterprise Zones to give these businesses sales tax exemptions while having these violations.

When businesses are required to install sidewalks according to city code. The City of Peoria issues sidewalk and other variances not in the best interest of the public.

So, what does he hope to get out of this lawsuit?

I am seeking relief from the City of Peoria to change their policies and procedures to inspect an properties with new construction, alterations or additions at the time of construction. To have all properties comply with they’re Zoning Certificates, the Illinois Accessibility Code, and the American with Disabilities Act.

I am seeking a monetary settlement of $500,000.00

I don’t know how the suit will turn out, but I can tell you this — it’s difficult for a person without a disability to get around Peoria as a pedestrian. Sidewalks are intermittent, often crumbling and/or obstructed, and completely useless in the winter. If you’re in a wheelchair, it’s another order of magnitude more difficult. WHOI News even did an investigative report on it, back when they were an independent news organization.

If Mr. Sparks can win the non-monetary relief for which he’s asking, it will be a benefit to all Peorians.

PDF Link Sparks v. Peoria Complaint (PDF)