HOI News is reporting that Globe Energy would like to use the Kellar Branch:

Over at Globe Energy they want to build the rail spurs into their building. They say it’s not about shipping costs. It’s more about the environment. David Jones with Globe Energy said, “There is a chance over the next five years we could save about 50,000 tons of carbon dioxide emissions that would come through trucks on the road that could be avoided if we used rail.”

Jones also said the Kellar Branch would be critical to exporting their heating systems to foreign countries by rail, although this isn’t a deal breaker for the company. “We are trying to put forward to industry that we are prepared to do it, provided that it can be done,” Jones said. If it can’t be done, then we will have to use trucks.”

So a vote for removing the rail line is a vote for 50,000 extra tons of CO₂ emissions. I think air quality and not contributing to global warming is part of that “quality of life” stuff trail proponents are always talking about, don’t you?

I contacted Pioneer Railcorp president J. Michael Carr today to ask him about the company’s plans following the STB’s ruling today. Here are my questions and what he had to say:

Q: The STB ruling mentions a pending state court case regarding your contract with the city and whether that contract has expired. Is that case still going forward?

A: “There is currently no court action pending. We withdrew the original complaint that we filed because of venue objections. We were in the process of refiling that complaint. In light of this new development we are hoping all of the outstanding issues can be resolved through discussions with all parties involved. However, it is still our position that the contract has not expired because the contract has no termination date.”

Q: The STB ruling says that both PIRY and CIRY will be authorized operators of the Kellar Branch. How will this affect your company’s plans to fix the rails and ties for operation? Will you be trying to work with CIRY to share the cost of improvements?

A: “We intend to try to work out a fair and amicable arrangement with CIRY as soon as possible. We still believe that our service can be restored with a minimal amount of work. I am uncertain as to what CIRY has done in regard to upgrading and repairing the line.”

Q: Gary Sandberg has already mentioned that he hopes your company will still be willing to let the trail folks use part of the railroad right-of-way where feasible to put their trail. Is Pioneer still willing to work with the Park District on that, if the PPD asks?

A: “Yes, I have already emailed Mayor Ardis and told him we are still willing to discuss and cooperate with joint usage rail/trail. We are hopeful an agreement can be struck in the near future.”

That last answer should be of some consolation to trail advocates. Hopefully they’ll cut their losses and look for a way to build the trail without tearing out the rail line so it can finally be completed.

The Surface Transportation Board has finally issued their ruling: The city cannot kick Pioneer Railcorp (PIRY) off the Kellar Branch. Pioneer may start serving Carver Lumber via the Kellar immediately. The STB explains their reasoning this way:

Often, a line owner seeking an adverse discontinuance wishes to dispossess a tenant because the tenant has breached an obligation to the line owner, has failed to provide adequate service to the public, or both. None of those types of circumstances has been demonstrated to exist here. The issue of whether PIRY’s contract with the Cities has expired remains pending in state court, which is the proper forum to adjudicate that claim. The only existing shipper that would be affected by the proposed discontinuance, Carver Lumber, has repeatedly complained about CIRY’s [Central Illinois Railroad Company’s] service and wants PIRY’s rail service on the Kellar Branch to be restored. PIRY states that it is willing and able to provide that service, and the record suggests that there may be new potential shippers.

…

Based on the record now before us, we find that the Cities have failed to meet their burden of establishing that the PC&N [public convenience and necessity] requires or permits the adverse discontinuance of PIRY’s operations. The City has not shown that the benefits of removing our primary jurisdiction would outweigh the harm to Carver Lumber, PIRY, and interstate commerce in general. [emphasis mine] The adverse discontinuance application will therefore be denied.

This ruling essentially says that the Kellar Branch is more important for interstate commerce than as a hiking trail. I’m sure the Journal Star editorial writers will be pulling an all-nighter to write a scathing rebuke of the STB for tomorrow’s paper.

I’ll have more to say later, but wanted to get this breaking news up on my blog as soon as possible.

UPDATE 1: Here’s reaction to the ruling from City Manager Randy Oliver:

The Surface Transportation Board has denied the City of Peoria’s motion for adverse discontinuance of Pioneer Rail. The immediate effect is that there are now two railroads authorized to operate on the City’ rail line. This will require a joint operating agreement between the two railroads with authority from the STB. It is unclear which railroad will initiate the negotiations, however, that is best determined by the two railroads involved.

UPDATE 2: At-large city councilman Gary Sandberg had this reaction to today’s ruling:

I think it is wonderful and consistent with what I have been saying for 7 years. Pioneer has proven itself as the best rail service provider. Hopefully Carver and additional users can now begin serious planning for reliable, affordable rail service along the Kellar. Additionally, I trust [Pioneer] will work in a positive fashion to share the ROW for trail purposes where it will not interfere with a working rail line.

UPDATE 3: Peoria Park Board President Tim Cassidy had this to say in response to my request for the Park District’s reaction to the ruling:

Thanks for a copy of the decision. I was not aware a decision had been issued. At this point there is on official PPD reaction, because we as a board have not met to discuss it. Personally, I am not that familiar with federal rail law to comment. It does seem the law on the books is somewhat archaic, but the administrative agency is obligated to apply the law. I do not know if it did given there is a dissent, which to me got it right.

I hadn’t noticed before, but there was a Surface Transportation Board member who dissented from this decision. Here’s what he had to say:

VICE CHAIRMAN BUTTREY, dissenting:

The majority is undoing the Board’s August 2005 decision granting adverse discontinuance of PIRY’s service over the Kellar Branch because Carver Lumber is unhappy with CIRY’s rates and service over the Western Connection. But CIRY states on the record that it stands ready, willing and able to provide adequate service to Carver Lumber (CIRY Supplemental Evidence and Comments filed February 22, 2007, at pages 7-9). Carver Lumber has a reasonable transportation alternative and is clearly not captive under Board precedent, since it has been transloading and trucking its inbound lumber shipments. And Carver Lumber has not brought its rate and service complaints to the Board under our processes for addressing rate and service issues.

The City spent approximately $2 million to provide the Western Connection to allow Carver Lumber to be served from the west (Verified Statement of City Public Works Director Stephen Van Winkle at page 5, part of the City’s Statement filed February 22, 2007). The City of Peoria has been subsidizing continuation of rail service over the Kellar Branch for many years (id. at pages 1-2). The Board knew when it authorized construction of the Western Connection in 2004 that this expensive project was part of a larger plan by the City to reconfigure and provide service to Carver Lumber through this new route in order to free up the underutilized Kellar Branch and turn it into a pedestrian trail through downtown Peoria. I see no reason on this record to disturb the Board’s earlier determination.

I respectfully dissent.

It should be noted that even if the STB had made the “right” decision according to Mr. Cassidy (i.e., removed Pioneer as a carrier on the Kellar Branch), it wouldn’t have discontinued service on the line; it would have simply made CIRY the sole operator of the line, and there’s no evidence that they plan to petition for discontinuance on any part of the Kellar Branch.

UPDATE 4: I talked to Peoria Heights Mayor Mark Allen tonight. His village, often forgotten in the rail/trail issue, is perhaps the most affected, since the bulk of the proposed conversion to a trail would take place within the village limits. He said he was “disappointed” with the ruling, but didn’t feel that it would “scare off” proposed development of the former Cohen’s Furniture warehouse area. He wishes the STB would have made their ruling provisional on new rail shippers coming on line within the next one, two, or five years. If new users and accompanying jobs didn’t materialize, then the rail could be converted to a trail. He still feels the trail would be “the best economic engine to the village,” because there’s currently no freight delivery in the Heights, and he doesn’t believe there’s much chance of manufacturing returning within village limits. Freight rail cars simply passing through the village don’t contribute to the village’s economy.

I asked him what he thought of the possibility of running the trail next to the rail line. He felt that would be problematic for a couple of reasons. He doesn’t think the right-of-way is wide enough south of Prospect, for one. Secondly, the right-of-way north of Prospect, while wide enough, would not provide enough buffer between the trail and residents’ back yards if the trail had to be on the edge, rather than the middle, of the right-of-way. He didn’t rule out the possibility of shared use, but said these two things are obstacles that would have to be overcome for that solution to happen.

He would still be interested in a transit solution — running a trolley on the rail line — but only if other governmental bodies were to jump on board with the idea. So far, all governmental bodies (except the STB) have favored a trail rather than anything rail-oriented.

UPDATE 5 (11/20): I asked Sharon Deckard, president of the Illinois Prairie Railroad Foundation and the proponent of trolley service along the Kellar Branch line, what she thought of the ruling and if IPRRF still planned to pursue trolley service. She had this to say:

At this point in time we are pleased to see that STB has finally made a ruling and that Pioneer Railcorp has offered an olive branch to the trail proponents. With all parties working together we can have the best for everyone in the community.

As far as the trolley is concerned we would hope that some time in the future, possibly when Amtrak arrives in Peoria, we will then realize the need for commuter light rail (trolley) to run on the Kellar Branch.

In the meantime we wish the rail and trail proponents the very best in their endeavors.

The Recreational Trail Advocates (RTA) are continuing to pester lawmakers to override federal railroad policy for the sake of their coveted exercise path. RTA president George Burrier recently sent out this missive (links added):

Dear RTA members, Members of Peoria City Council and Members of the Village of Peoria Heights Council and others:

Attached you will be receiving an e-mail of six documents: Cover letter from the Friends of the Rock Island Trail, Inc., frequently asked questions regarding the Kellar Branch, Kellar Branch Fact Sheet, Support Post Card, and a map of the affected area where the Kellar Branch trail will connect up with the Rock Island Trail State Park and the Morton and East Peoria Trails. This same information is being sent to homeowners living along the Kellar Branch in order to apprise them of what is taking place in the event they have not been following newspaper articles or media releases. If you have any questions please feel free to contact myself or other RTA members.

Also attached is a Resolution Pertaining to the Kellar Branch Rail Line that will be presented to the City of Peoria Council and the Village of Peoria Heights Trustees for their approval which will then be forwarded to Senator Richard Durbin.

Here’s the text of the proposed resolution:

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 and all members of Congress from Illinois and all other elected officials throughout Central Illinois to support us in this matter.

If you’ve read any of my 115 previous posts on this issue, you can probably pick out the misleading statements and outright errors in this resolution (as well as the accompanying material). I’ll focus on this one for the time being: “…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….”

One, the STB doesn’t care who owns it. It cares about the shippers on the line. Two, there’s no request currently before the STB to discontinue service on the line, so there’s no “decision” pending on that matter. There is the pending issue of whether Central Illinois Railroad or Pioneer Industrial Railway will operate the line, but that’s it. The RTA continues to show either actual or feigned ignorance of this fact in order to whip their minions into mass hysteria.

This resolution is meaningless.

I see the Journal Star has yet another editorial about the Kellar Branch today. In today’s installment, they reveal that the city, as the owner of the line, can (are you ready for this?) charge the carrier on the line a fee for using the rail road. Wow, really? You mean they can actually make money on this asset they own? Well, I declare.

You gotta love the Journal Star Editorial Board. They’re nothing if not masters of the obvious. I especially like how they act like charging a fee is something punitive that will really teach those rascally rail carriers a lesson. Perhaps they’ve forgotten that a couple years ago, Pioneer offered to lease the line so they could service Carver Lumber plus potential shippers that would be coming online. I’m sure CIRY would welcome a contract that allows them to lease the line from the city, too.

So, I hope the city listens to the Journal Star this time. By all means, lease the line to the rail carrier for a fee. That’s kind of what the citizens expect the city to do with an asset: make some money off it; use it to attract good-paying jobs. The dumbest thing they could ever do is tear it out and give the land to the Park District for free.

For more excellent posts on the Kellar Branch, see Billy Dennis’s and PeoriaIllinoisan’s sites.

Dave Pittman of the Recreational Trail Advocates is planning a trip to Washington, DC, to talk with Senator Dick Durbin about the Kellar Branch. Here’s a portion of an e-mail from Mr. Pittman that made its way to my inbox (I took the liberty of correcting some spelling errors):

On Friday, November 2, at 0900 in Washington DC I will set down with members of Senator Durbin’s Staff to make a citizen’s plea for the Kellar Rail into Trail. I confirmed my appointment today with Tom Katari, a Senior Staff Member. Tom told me he is very familiar with the issue, has had repeated conversations with Peoria Mayor Ardis and has read the recent PJS editorial that asked Senator Durbin for assistance.

I will also visit the STB offices and submit a letter asking for closure of the Kellar Rail. So far no one there has agreed to meet with me. […]

I am inclined to ask the Senator’s staff for help in crafting legislation that will fundamentally alter the STB decision making process for rail to trail. The excessive STB emphasis on maintaining rail lines in the face of such broad community and property owner opposition ( of which the Kellar is merely one of hundreds of examples across the country), is part of the root problem of our long struggle for trail creation. The Senator’s staff has told me they are not allowed to directly intervene on specific cases. So let’s change the whole damn STB process.

“…our long struggle for trail creation.” Good lord. You’d think the Kellar Branch was the Holy Land, the way he talks about it. And he calls the STB “excessive.”

For people who advocate walking and biking on paved “trails,” they sure have picked the roughest, most futile path (metaphorically speaking) to get their trail built. Trying to get legislation passed through Congress that will fundamentally change the way the Surface Transportation Board makes decisions regarding rail service? Keep tilting at windmills, RTA.

The answer is simple, yet consistently rejected by the all-or-nothing, my-way-or-the-highway Park District and RTA. All they need to do is build the trail parallel to the railroad line. It can be on the railroad right-of-way where feasible, then move adjacent to a nearby street where necessary. The Park District has proven this can be done at other points along the trail.

Then everybody would be happy. RTA has a trail, Carver Lumber and other shippers have competitive rail service, and we can all beat our swords into plowshares and live in peace and harmony. The goal is to have a trail, isn’t it? Or is the goal to destroy the rail line? I’m not quite sure anymore.

Maybe RTA stands for Railroad Tear-out Advocates.