Uncategorized

Cardinals magic number: WON

If the Cardinals lost the rest of their games this season and Houston won the rest of their games this season, the two teams would be tied. Since the Cardinals won the season series against Houston, the Cardinals would win the tie-breaker. So, technically, their magic number is one, but they’ve essentially won the National League Central Division for 2005.

If they win one more game or Houston loses one more game, they will have “officially” clinched the Central Division. Go Cards!

Uncategorized

Cubs magic number: Three

Yes sir, only three more years until the Chicago Cubs can celebrate the 100th anniversary of the last time they won the World Series. Start planning now for the festivities! Let’s see, gotta get the Bartman pinata, the spit for the cursed-goat roast, a Harry Carey impersonator . . . .

Kellar Branch

Boiled Down

 

I was going to respond to this in the previous post’s comments section, but I thought it deserved its own blog entry.  I received this fair criticism of my last entry from an anonymous commenter:
I don’t think you’ve received any comments yet because this blog is opaque. Please boil this down to something the average interested person can understand.

I still think you’re off base for wanting to keep Brenkman in business at the expense of a good trail through a town that is seriously under-trailed. Your proposal to route the trail along and through Detweiler doesn’t keep the trail close to PEOPLE. I don’t want to have to put my bike in may car to get to a TRAIL!

First, I admit the last entry was pretty arcane, so let me attempt to “boil it down,” as requested:
Pioneer wants to buy the Kellar Branch line from the city.  The city doesn’t want to sell it because they want to tear it out and turn it into a hiking/biking trail.  However, there’s a possibility that Pioneer can force the city to sell the line against its will by going through the Surface Transportation Board (STB).  The STB has sole control over the railroad right of way; even though the city owns the line, they can’t just do with it what they want.  They would need to get STB approval to stop running trains over it and turn it into a trail.  However, the STB, as a rule, leans toward keeping rail service in place if there’s a carrier willing to service the line.  In fact, that’s why they allow forced acquisition of rail lines to begin with — to keep the trains running.
So, the city (or technically, their contracted rail carrier, Central Illinois Railway) has sent notice to the STB asking if they can discontinue service on the Kellar Branch.  Pioneer has sent notice to the STB that they want to buy it.  The city is trying to rebuff Pioneer’s offer by saying the Kellar Branch was abandoned in the early 80’s (which is true) and claiming Pioneer can’t offer to buy the line under these circumstances (which I think is false).  The upshot is that this will likely be another drawn-out case before the STB, and there’s a chance that Pioneer might win this one.
Secondly, I never said I was for “keep[ing] Brenkman in business.”  I’m simply for keeping the Kellar Branch a rail line for a variety of reasons you can read about in a previous blog entry.  
Finally, I love this final comment: “I don’t want to have to put my bike in [my] car to get to a TRAIL!”  And yet the Park District would have us believe that people will flock to Peoria to use our trails and have a huge economic impact.  Here’s someone who says they won’t even drive across town to use the trail — they’ll only use it if it’s in their back yard!  So much for all those tourism dollars from trail enthusiasts.  Ha!

 

Kellar Branch

Pioneer trying to force sale of Kellar Branch (told ya!)

Today, Central Illinois Railway (CIRY) filed with the Surface Transportation Board (STB) to abandon the Kellar Branch line. And today, Pioneer Industrial Railway (PIRY) filed with the STB to purchase the Kellar Branch. Just as I predicted.

As you may recall from my previous post, “Congress and the STB have adopted procedures that make it possible to force the sale or subsidy of lines slated for abandonment,” “to encourage continued service.” The procedure for forcing a sale or subsidy is to file an “offer of financial assistance,” or “OFA.” Under this procedure, “any financially responsible party seeking to continue service on a line approved for abandonment (or exempted) may compel the railroad to sell or conduct subsidized operations over the line,” according to the STB website. That’s what Pioneer is trying to do.

The city, of course, doesn’t want that to happen. So, CIRY is trying to side-step Pioneer’s purchase request. This gets a little technical, so I apologize in advance. The legal maneuver is this: citing the STB’s ruling in City of Rochelle, Illinois — Adverse Discontinuance — Rochelle Railroad Company (5/27/1999), CIRY claims that Offers of Financial Assistance (the procedure for forcing sale of the line) need not be entertained because this is not an abandonment, but a discontinuance proceeding. The line was formally abandoned when the Rock Island line went belly up back in the early ’80s. If the STB buys this line of argument, then Pioneer can’t file and OFA, and the discontinuance will sail through unopposed.

However, I read this ruling, and it doesn’t say what CIRY and the city want it to say. First of all, in Rochelle, they weren’t asking to completely discontinue service and tear out the tracks. They were essentially asking the board to replace operators — i.e., replace Rochelle Railroad Company with a city contractor — just like when Peoria wanted to replace Pioneer with CIRY. What the board actually said in that case was, “offers of financial assistance will not be entertained in this proceeding, because the City is continuing to provide rail service over the line” (emphasis mine). In other words, they didn’t rule out a forced sale because it was a discontinuance proceeding, but because the city was still providing service over the line in question. Here in Peoria, that condition does not exist. The city wants to permanently discontinue service by any and all carriers.

Furthermore, it is clear from other filings that the STB accepts — even expects — Offers of Financial Assistance in discontinuance cases, not just abandonment cases as CIRY asserts. For instance, one need look no further than a case CIRY cites in their own filing: Norfolk Southern Railway Company — Discontinuance of Service — in Sumpter County, SC (8/30/2005). In that case, the board said:

Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on September 29, 2005, unless stayed pending reconsideration. Petitions to stay and formal expressions of intent to file an OFA under 49 CFS 1152.27(c)(2), must be filed by September 9, 2005.

Now, why would they provide a deadline for filing an OFA if they disallow OFAs in discontinuance proceedings? I don’t think CIRY is going to win that one. But, by fighting it, they will continue to delay the proceeding. I’m not saying that Pioneer will prevail in forcing a sale of the line, but I am saying that the CIRY and the city will probably have to go through the OFA process, which will delay the Park District’s plans again. If they haven’t already, the Park District better start filing for another extension on their grant money.

This Kellar Branch saga is kinda like watching a chess match, isn’t it?

Uncategorized

Latin phrase of the day: stare decisis

I don’t know if any of you have been watching the confirmation hearings for John Roberts, but if you have, you know what I’m talking about. They must have said the phrase stare decisis (pronounced star’-ee dis-ice’-us) a million times this morning. Here’s a definition:

A Latin term meaning “to abide by decided cases”; this principle of the common law requires judges to apply previous binding decisions of their own court or any higher court.

I think it was made abundantly clear that Judge Roberts believes in stare decisis.

Uncategorized

Something Unusual

Well, since I live in a different part of town now, I started looking for a good, neighborhood grocery store to support, so I went to Haddad’s for the first time. There I experienced something that I haven’t seen since I was a little kid: they bag your groceries and carry them to the car for you. I could hardly believe my eyes. Imagine, a grocery store that actually serves the customer! Heck, most grocery stores today not only expect you to bag and carry your own groceries, but half of them want you to do the cashier’s job as well!

What a pleasant surprise. And the prices weren’t much different than Kroger or Schnucks. I think I’ll be going back to Haddad’s.

Uncategorized

Word Verification

Well, I’m sure you’ve all seen this by now, but I turned on “word verification” in my comments section.  That means that you will be shown a graphic of a word that only humans can read (so far — I’m sure some resourceful hackers are working on this) and you’ll have to type it in for verification in order to post a comment.
 
I had to do it.  I was getting a lot of spam comments, which is really annoying.  My original plan was to send the spammers to Singapore and have them caned mercilessly.  But, there were certain logistical and legal problems with that, so I turned on word verification.  Thanks for your understanding. 

Uncategorized

Peoria-to-Chicago environmentally-protected habitat

According to the Journal Star today, the Tri-County Regional Planning Commission identified “six Peoria-area environmental corridors and recommendations on how to preserve them.”  One of them is the “Peoria to Chillicothe bluffs:  steep, wooded, overlooking the Illinois River and habitat for numerous native plants and animals including the bobcat.”  Plans for preservation include:
requiring storm water management, natural landscaping and floodplain and topsoil protection. For the most sensitive sections, protection includes encouragement for landowners to use conservation easements and preservation of open spaces. Local governments could incorporate these requirements into zoning and other regulations.
The first thing I thought of when I read this is — it’s another setback for the long-suffering Peoria-to-Chicago highway project.  Proponents of a direct Peoria-to-Chicago expressway were disappointed when congressman LaHood supported simply widening Route 29 to a four-lane highway.  Now, that corridor could be in jeopardy if environmental preservation of the bluffs is legislated.  At best, it will add substantially to the cost of widening the road; at worst (for proponents, anyway), it will eliminate that corridor from any widening at all.
 
It should be noted that the Peoria-to-Chicago highway project is part of former mayor Ransburg’s “Vision 2020” plan (remember that?).  Ransburg said* that he would continue working on this plan even though he wasn’t mayor anymore, so I wonder what he thinks of this environmental report.  On second thought, who cares?  🙂
 
*Reminder:  you can’t believe anything Ransburg says.

Kellar Branch

Predictions for Kellar Branch dispute

 

Pioneer Industrial Railway (PIRY), the City of Peoria, and Central Illinois Railway (CIRY) have come to an agreement — which I believe is the proverbial “calm before the storm.”  A letter dated September 8, 2005, from Pioneer’s general counsel to the Surface Transportation Board states:
Pioneer Industrial Railway Co. (“PIRY”) received Central Illinois Railroad Company’s Reply to Petition to Reopen for Immediate Modification or Clarification, today. PIRY is willing to accept the assurances of CIRY that “the Municipalities will not remove that segment until CIRY’s authority over that segment has been discontinued in an effective Board decision,” and the “CIRY has informed the Municipalities that CIRY will initiate proceedings for discontinuance of its rail service over that segment.” Based upon those representations, PIRY respectfully requests that its Petition be held in abeyance, pending the State Court proceedings referenced therein (LaSalle County Illinois Circuit Court No. 05-L-146) and CIRY’s anticipated abandonment filing.
Basically, PIRY had asked the STB to clarify that the Kellar Branch was not to be torn out until (a) CIRY had filed for and been approved to abandon the line, and (b) Pioneer’s court case against the city was decided in favor of the city.  The city responded that it had no intention of tearing out the tracks at least until CIRY received STB permission to abandon the line.  That seemed to satisfy Pioneer for the time being.
Most likely scenario, in my opinion:  CIRY will apply for abandonment under an “individual exemption,” telling the STB that no shipper in Pioneer Park will be affected because they will continue to receive service over the new UP spur from the west.  Furthermore, no complaint is likely to be filed by Carver Lumber; they have maintained neutrality throughout these proceedings. 
However, PIRY will most likely contest the abandonment and try to force a sale of the Kellar Branch line.  According to the STB, “To encourage continued service, Congress and the STB have adopted procedures that make it possible to force the sale or subsidy of lines slated for abandonment.”  If PIRY takes this course and prevails, the city would have to sell the rail line to Pioneer under terms imposed by the STB.
Whether or not Pioneer succeeds, the Park District’s plan to convert the Kellar Branch to a trail will be further delayed.  One wonders why they don’t just choose an alternative corridor and be done with it.  Wouldn’t it be just as easy to get a grant to run the trail east along Detweiller Drive, through Detweiller Park, then south along the riverfront to hook up with the Pimiteoui Trail?  They could undoubtedly get it done much quicker than through the Kellar Branch corridor.  Is their primary goal to connect the trail or win the fight with Pioneer? 
There’s no doubt that selling the branch to Pioneer would be most advantageous for the city.  The city would be free from the liability for the tracks and have a nice influx of cash (Pioneer has offered $565,000 for the line not too long ago).  That money could be used to help pay for the failed water buyout costs, or any number of underfunded city programs.  Plus, instead of being so adversarial to Pioneer, it could work with them to bring new light industry to Growth Cell Two.  Now that would be a “win-win.”  More business for Pioneer to serve, and more good-paying jobs for Peorians. 
I know I’ve said it before, but it bears repeating:  trails don’t bring new residents to Peoria; good jobs and good schools bring new residents to Peoria.  Parks projects are important, but who’s going to be around to enjoy them if we don’t improve the jobs and school situation here?

 

Uncategorized

I’m an Uplander

We’ve moved into the Uplands — that neighborhood bounded by Main, University, and Parkside Drive.  The house we moved into was built in 1904 and has four bedrooms, so all three kids get their own room.  It’s nice having room to spread out after trying to fit everyone into an 840-square-foot, two-bedroom house (it was a great starter home).
 
We moved in a week ago, and things are still chaos around here.  We’re still living out of boxes for the most part.  But I have to say this is the friendliest neighborhood I’ve ever lived in.  I’ve not only met my neighbors on either side of my house, but also neighbors across the alley behind my house.  They’re all very nice and have made us feel very welcome.  I moved in just in time to enjoy the neighborhood picnic, too, which was last night.  It was a beautiful night for a picnic.  I got to meet even more neighbors, plus Mayor Ardis and my new council representative Barbara Van Auken.  It was nice to meet them in person.
 
I really like the history here.  The neighborhood was established in 1902 by O. L. Woodward and S. L. Briggs of Toledo, Ohio.  Incidentally, that was the same year that my great grandfather attended the New York Trade School to learn the plumbing trade.  His name was Fred Siefert, Jr., and while the name has faded into obscurity, there was a time when Fred Siefert & Son Plumbing, Heating, and Sewer Contracting was one of the biggest plumbing outfits in town.  Among the buildings they worked on were Peoria High School and Commerce Bank (downtown).  The plumbing shop is gone now — it is now the parking lot across from the old YMCA building on Glendale.
 
But I digress.  To buy a lot here in 1902 cost you $1,085.  And the first house cost about $8,000 to build.  Hard to imagine, isn’t it?  In contrast, I learned that my two-and-a-half-stall garage that was built just a few years ago cost $17,000 to build.  The Uplands Residential Association was established in 1903 and was the first such association in Peoria.  It’s nice to live in a neighborhood where the residents look out for each other and take an active role in city issues that affect neighborhoods.
 
I think I’m going to like it here.