Daily Archives: August 2, 2006

Kellar Branch

Lease loophole could save Kellar Branch

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The City of Peoria entered into a lease agreement with the Peoria Park District in 2002 that would allow them, if and when the Surface Transportation Board approves the discontinuance of service, to turn the Kellar Branch into a hiking/biking trail. I didn’t even realize that there was a lease agreement until recently.

The good news is that it’s still possible to retain rail service under this contract. Section 4.2 specifically states:

4.2 Possible Reactivation of Rail Service. The Park District acknowledges that its lease of the PPD Project Site is subject to possible future reconstruction and reactivation of the right-of-way for rail service. In the event that subsequent to the commencement date, the City determines that it will apply to the Surface Transportation Board (or any successor government agency) for authority to reconstruct and reactivate rail service on all or a portion of the right of way described on Exhibit 1 attached hereto, the City agrees to provide the Park District with written notice of its intention to make such an application to the Surface Transportation Board at least 180 days prior to date of filing of such an application with the Surface Transportation Board. In the event that the Surface Transportation Board would then authorize the reconstruction and reactivation of rail service on all or a portion of the right of way described on Exhibit 1 attached hereto, the City agrees to pay to the Park District the then current fair market value of the PPD Improvements which would be destroyed, removed or taken out of service due to the reactivation of rail service.

Since the park district has not done any improvements yet, this is the perfect time to reactivate rail service and renegotiate for a side-by-side rail/trail compromise. Why should the city lease this right of way to the park district for a paltry $1 per year for 99 years when it could sell it to Pioneer Industrial Railway for over $500,000 or negotiate a profitable long-term lease for rail service — especially since Pioneer’s offer to help build a side-by-side trail is still on the table?

Compare this lease agreement with Pioneer’s offer and tell me if the city is being fiscally responsible if they don’t reverse this course of action. This isn’t an either-or proposition, it’s a both-and solution. If they take Pioneer’s offer (and remember, Guy Brenkman is no longer in the picture, so there’s no personal axe to grind anymore), they get rail service, competitive access to Pioneer Park and Growth Cell 2, and the park district’s beloved bike trail. What do they have to lose?

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Me and Mrs. McGee

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Unconscionably, I missed the big TV event last night. I knew I wouldn’t be able to watch it live because we were having company, but I had every intention of taping it. Alas, I forgot. I listened to it on WEEK’s website this morning (the video was so jumpy, I gave up trying to watch it).

I did remember the big party afterwards, so I headed over to the Castle Patio Inn to celebrate the big unveiling. And there, I met Laura Petelle (aka “Eyebrows McGee”) and her husband, Garth Madison. We had a nice chat about how lawyers can defend people they know are guilty, how old we all were when MTV came on the air (the bar TV was tuned to VH1 which was showing the first day of MTV to celebrate their 25th anniversary), and other sundry topics. My only embarrassment was that I kept forgetting her real name. She finally gave me her card.

I felt kind of bad for Mrs. McGee, however, since I was the only one (other than her husband, obviously) to show up to her big party. Where were all you people??? 🙂

Anyway, it was very nice meeting you, Laura and Garth. My wife and I will be having you over for supper sometime soon — we’re checking our calendar (oh, and you have to promise not to make fun of our garden). In the meantime, see you online!