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Railroad Newsline for Friday, December 15, 2006

Compiled by Larry W. Grant

In Memory of Rob Carlson, 1952 – 2006

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RAIL NEWS

LIONEL AWARDED NEW TRIAL IN MODEL TRAIN TRADE SECRETS CASE

DETROIT, MI -- A federal appeals court panel ruled Thursday that model train manufacturer Lionel LLC is entitled to a new trial on claims of stealing trade secrets, reversing a lower court's order that the Michigan company and others pay more than $40 million to rival Mike's Train House Inc.

In granting a new trial, a three-judge panel of the 6th Circuit U.S. Court of Appeals in Cincinnati also threw out an injunction barring Lionel, which is based in Macomb County's Chesterfield Township, from manufacturing the allegedly misappropriated products.

Mike's Train House sued Lionel in 2000, saying Lionel sold model trains made from designs stolen from a South Korean manufacturer contracted by MTH. Columbia, MD-based Mike's once was a Lionel contractor.

The jury in June 2004 found that Lionel, along with a supplier and an individual, earned millions of dollars by misusing designs that belonged to MTH. It awarded the company $40.8 million in damages, and Lionel filed for Chapter 11 bankruptcy protection in November 2004.

Lionel Chief Executive Jerry Calabrese said Thursday that he was confident about Lionel's chances in a new trial because the ruling rejected the way damages were calculated and threw out expert testimony key to the plaintiff's case.

"I'm pretty confident that Lionel has weathered the storm very well. I feel vindicated," Calabrese said.

"We're now able to use a vast library of trains that we had developed."

Appellate Judge R. Guy Cole, Jr. wrote that the U.S. District Court in Detroit improperly allowed the testimony of a University of Michigan engineering professor that the panel deemed unreliable. But the judges rejected Lionel's motion to reverse the verdict.

"Obviously, we are very disappointed with the Court of Appeals' decision to remand this case for a new trial, but the decision in no way vindicates Lionel for its actions," said MTH founder and President Mike Wolf. "This has already been a long ordeal for everyone here at MTH, but the decision to remand the case for a new trial will not deter us from our relentless pursuit of justice.

"We have faith in the U.S. jury system. The jury got it right the first time, and we have no reason to believe it will not get it right a second time."

While sales figures of privately held Lionel are not made public, Calabrese said sales are up 40 percent since declaring bankruptcy two years ago, and the company's products now are sold for the first time by retailers including Target, Macy's and FAO Schwartz.

The company has 75 days from the date of Thursday's ruling to submit a plan to emerge from bankruptcy as ordered by a bankruptcy court in New York, Calabrese said. - Sven Gustafson, The Associated Press, The Detroit News

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RAILROAD CLAIMS MORE STUDY NEEDED IN AVALANCHE ZONES

COLUMBIA FALLS, MT -- Plans for controlling avalanches along Glacier National Park's southern boundary range from doing nothing to using military artillery to remove snow.

The Park this fall released a draft environmental impact statement for avalanche control along the BNSF Railway Company's line to control snow slides in the Johns Stevens Canyon.

Public hearings on the plan were held last week in Kalispell and at West Glacier.

The draft outlines four alternative forms of action. One is a no action alternative which maintains the status quo, a plan that calls for extending and adding snowsheds, an alternative that permits blasting avalanches for up to 10 years with a commitment from the company to construct snowsheds and an alternative that allows the railroad to blast avalanche chutes when need be indefinitely.

In the past slopes in the area have caused avalanches across BNSF tracks. On Jan. 28, 2004 an avalanche derailed an empty 119-car freight train. While stopped, another avalanche hit the train.

The Park has endorsed extending the system of snowsheds rather than allowing the use of explosives. After studying wildlife in the area the Park determined that wildlife in the area could be affected by the use of explosives.

Conservation groups have followed the Park's recommendation.

Steve Thompson, with the National Parks Conservation Association, said the snowshed alternative is the "most effective and most safe" approach.

"The best way to deal with it is snowsheds, not by firing Howitzers up into the Park," he said in an interview this week.

He said the environmental risks are the least with that alternative.

The railroad, however, wants the environmental review to be delayed to allow for more analysis.

In a letter signed by Larry Woodley, maintenance engineer for the railroad's Montana Division, the railroad maintains that the assessment "does not include any wildlife or habitat studies, which would provide needed information about what species may have potential to live or frequent the areas within which avalanche hazard reduction measures are proposed."

But that statement simply isn't true.

The Park has been studying wildlife in the area for the past two winters. Biologists gathered information on wildlife populations and their movement in the avalanche-prone slopes.

"We would always like to have more information," said Park biologist John Waller.

Waller said there isn't a lot of detail about what would happen if explosives are used, but gathering that kind of information would take "extensive study" over several years.

There isn't data like that for any avalanche program in the world, he noted.

He said it can be hard to know what the unintended consequences might be of using explosives.

Thompson said he feels that the railroad's call for studies is just a stall tactic.

"We think it is not a very responsible course of action to delay," he said. "They should start building snow sheds now."

Thompson acknowledged that there isn't a lot of scientific data that has been gathered about the effects of the plan, but he said there is enough to decide what should be done.

"We know enough to know that the best is snowsheds," he said.

Snowsheds would have to be extended less than a mile. The estimated cost of building the additional snowsheds would be more than $5 million, according to the document.

BNSF has also said it would be too expensive to extend snowsheds in the area.

It's a response that Thompson doesn't buy.

Thompson said the company has shown "record profit" recently. The railroad has been running lines profitably across the continental divide for decades and has never had to blast before, he noted.

He said using explosives may be less expensive up front, but building snowsheds would be the best long-term solution. - Heidi Desch, The Columbia Falls Hungry Horse News

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BNSF EMPLOYEES ASSIST IN CATCHING A TAGGER

Jay Lewis, BNSF Railway Company engineer, Pasco, Washington, noticed a suspicious character taking photos of graffiti. Lewis contacted Larry Amaya, senior special agent, RSPT, with a description of the suspect and the vehicle. Amaya found the suspect taking photos of the sides of the railcars with his camera phone. Further investigation revealed that he was a tagger, a person who paints graffiti on private or public property, and he was taking photos of his own work.

Lewis' prompt action resulted in the arrest of the subject, who had tagged six rail cars causing more than $10,000 in damage. The subject was charged with felony malicious mischief, obstructing a law enforcement officer and trespassing.

Jay Lewis' photo here: [www.bnsf.com]

Taggers cause a lot of damage and are often very difficult to catch. Without the assistance of people like Lewis, these people would continue to vandalize BNSF property.

Lewis was presented with an On Guard Award for exceptional vigilance and reporting of a suspicious person on BNSF right of way.

If you notice anything suspicious, contact the BNSF Resource Protection Solution Team and remember the three Rs:

· Recognize trespassers or unusual circumstances not consistent with their work environment,

· Record details, including descriptions of people, vehicles and locations, and circumstances, and

· Report this information to the Resource Protection Solutions Team at 1-800-832-5452.

- BNSF Today

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UP TESTING EXPERIMENTAL LOCOMOTIVE EXHAUST FILTER IN OAKLAND

OMAHA, NE -- Union Pacific Railroad has begun a year-long test in Oakland, California's railyards to determine if an experimental after market exhaust system filter will reduce diesel engine emissions in older railroad locomotives.

"Our goal is to find innovative methods of further reducing exhaust emissions to create a better environment," said Bob Grimaila, Union Pacific's vice president for environment and safety.

A 1,500-horsepower yard locomotive, built in November 1982, has been retrofitted with diesel particulate filters or "DPFs." The DPF initiative is the result of a four-year program, funded in part by Union Pacific, to assess exhaust after market technologies for locomotive applications. The DPF uses high-temperature silicon carbide blocks to trap particulate matter in the exhaust. As gases containing the carbon particles accumulate, the device periodically heats the carbon, causing it to ignite and burn off as carbon dioxide.

The diesel engine has been outfitted with various sensors that can remotely monitor, with the help of Global Positioning Satellite (GPS) technology, in "real-time" the engine and DPF system operation. Remote "real-time" monitoring capability helps researchers evaluate how the engine and the experimental filters are functioning. Its emissions performance and the maintenance requirements for the locomotive will be assessed at the end of the one-year test period.

The locomotive was subjected to EPA locomotive standards testing before and after the DPF was installed, using standard EPA non-road diesel fuel and "ultra-low sulfur diesel" (ULSD) fuel that UP is now using for intrastate locomotives in California. During static testing, particulate emissions were reduced 80 percent when the DPF was installed.

Union Pacific will also begin a year-long field test in the Los Angeles area of the North America rail industry's first long-haul diesel electric locomotive modified with "after market" experimental technology aimed at reducing hydrocarbons, carbon monoxide and particulate exhaust emissions.

Union Pacific's "Green" Fleet

Currently, about 50 percent of Union Pacific's more than 8,200-unit locomotive fleet is certified under existing EPA Tier 0, Tier 1 or Tier 2 regulations governing air emissions. That gives Union Pacific the most environmentally friendly locomotive fleet in the nation.

Union Pacific has tested, and is acquiring, two types of environmentally friendly low-horsepower rail yard locomotives.

The Genset locomotive is powered by three 700-horsepower low-emissions U.S. Environmental Protection Agency (EPA) non-road Tier 3-certified diesel engines projected to reduce emissions of both nitrous oxides and particulate matter by up to 80 percent, while using as much as 40 percent less fuel compared to current low-horsepower locomotives.

The second type of environmentally friendly low horsepower rail yard locomotive, known as the Green Goat, uses state-of-the-art diesel-battery hybrid-technology designed to cut air emissions by 80 percent and reduce diesel fuel use by 40 percent compared to conventional diesel-powered locomotives used in switching service. The hybrid switcher is powered with large banks of batteries. When energy stored in the batteries is depleted to a pre-set level, a small, low-emission diesel engine automatically starts to power a generator that recharges the batteries.

It is anticipated that these switching locomotives will receive California Air Resources Board (CARB) recognition as Ultra-Low Emitting Locomotives (ULEL), in addition to exceeding the EPA's stringent Locomotive Tier 2 standards. These ULELs are a direct result of Union Pacific's efforts to encourage development of ever-cleaner technology by its locomotive suppliers. The ultra-low emissions of these locomotives will help Union Pacific meet its commitment to CARB to reduce its fleet average nitrous oxide emissions inside the South Coast Nonattainment Area by 2010.

CARB Memorandum of Understanding

In addition to the emission reductions that the Genset and hybrid locomotives will achieve in the South Coast, a June 30, 2005, Memorandum of Understanding (MOU) among CARB, Union Pacific and BNSF Railway will further reduce diesel emissions in and around the state's rail yards.

The important agreement calls for reductions that will be greater and quicker than any that could have resulted from regulatory processes.

This was the second significant agreement of this type. The first one was signed in 1998 and covered nitrous oxide emissions (NOx) from locomotives. Under the first agreement, NOx levels from locomotives will be reduced by 67 percent in the South Coast Nonattainment Area. The June 2005 agreement represents the next logical step in the process and will reduce particulate matter (PM) emissions statewide.

CARB has estimated the MOU will reduce particulate emissions by approximately 20 percent at rail yards by June 2008 when all the program's elements are phased in. Union Pacific expects to spend more than $20 million implementing the program. - Mark Davis, UP News Release

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OPERATION LIFESAVER ISSUES HOLIDAY SAFETY TIPS

ALEXANDRIA, VA -- As the busy holiday season moves into high gear, the safety education group Operation Lifesaver is sharing its "Top 10 Safety Tips" for motorists. Operation Lifesaver, a national, non- profit safety education group seeking to eliminate deaths and injuries at railroad crossings and along railroad rights of way, reminds you that about every 2 hours in the U.S., a person or a vehicle is struck by a train.

Gerri Hall, Operation Lifesaver's president, says, "Wintry weather in parts of the U.S. and increased holiday traffic make it crucial to use caution at this time of year. We want to remind drivers that it's more important than ever to think about safety -- especially when approaching railroad tracks."

About Operation Lifesaver

Operation Lifesaver's 3,000 certified presenters throughout the U.S. and Canada are trained to give free safety talks to community groups, schools, school bus drivers, truck drivers and community organizations to raise awareness of the need for caution around railroad tracks and trains. More information can be found at [www.oli.org]. To schedule a free Operation Lifesaver Presentation or for information about becoming an OL volunteer, contact your state's coordinator through the web site or call the national office at 1-800-537-6224.

Operation Lifesaver's Top 10 Holiday Safety Tips

1. Slow down. Snow-covered or gridlocked roads hamper safety.

2. Watch for Advance Warning signs (a yellow sign with R X R) indicating railroad tracks cross the road ahead. Be prepared to slow down or stop before the crossing.

3. Know that trains are wider than their tracks. If you stop near or at a crossing, be sure you are at least 15 feet from the tracks, and guard against an icy slide onto tracks or into the path of the train.

4. Leave extra stopping space between your vehicle and the one in front of you. In winter conditions avoid sliding into the crossing or another vehicle, whether on foot or in a car. These are marked with either a crossbuck symbol, flashing red lights or a gate.

5. Remember the basic laws of physics: heavy steel-wheeled trains cannot stop as quickly as rubber-wheeled cars.

6. Look both ways. Turn your head to see around mirrors, passengers, and any visual obstructions inside the car. Clean off all snow and ice that might block vision before you drive -- including snow on the roof and hood that can slide or blow onto your windows or those of cars behind you.

7. Listen. Snow can muffle the sound of an approaching train. Crack the window, lower the sound of the radio and the heater, and hang up the cell phone.

8. Obey lights and controls at railroad crossings. If the lights or gates appear to be malfunctioning, call the 1-800 number displayed on signs near the crossing to notify the railroad.

9. Watch for the "second train." One train may have passed but another could be behind it, or coming from the opposite direction on the next track. Always look both ways before proceeding.

10. If your vehicle gets stuck on a railroad crossing, quickly exit the vehicle, move away from the track, and call 911 or the railroad number displayed on the sign at the crossing. Mention any nearby landmarks, particularly the "DOT" number displayed at the crossing if you can see it.

- Operation Lifesaver News Release

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AMTRAK ADDITION ON RIGHT TRACK

QUINCY, IL -- During its first month of operation, the second daily train between Quincy and Chicago handled 4,672 passengers, according to statistics from Amtrak.

Marc Magliari, a spokesman for Amtrak, said total ridership for both the new Carl Sandburg train and the long-established Illinois Zephyr was 14,103 passengers during November. That's up from 10,469 passengers in November 2005 when the Zephyr was the only local option.

"The good news is that the Carl Sandburg appears not to be taking passengers away from the Illinois Zephyr, which I presume means we're attracting more passengers," Magiliari said.

David Johnson, assistant director of the National Association of Railroad Passengers, agreed that the new trains do not seem to be draining many riders from the existing routes.

"Imagine that. You add routes and give people convenient times and you get more riders," Johnson said.

Amtrak officials are excited about the 34.7 percent increase in passengers between Quincy and Chicago. They've got even more good news along other routes that got new trains -- all debuting on Oct. 30. During the first month there were 61 percent more passengers along the Chicago-to-Carbondale corridor and 49 percent more riders between Chicago and St. Louis.

"All the new Illinois trains are off to strong starts," Magliari said.

Illinois lawmakers doubled the state's subsidy for Amtrak service this year, bringing the total to $24 million. Amtrak, in return, added the second daily round trip between Quincy and Chicago as well as a second train between Chicago and Carbondale. The Chicago-to-St. Louis corridor got two additional round trips.

Quincy Mayor John Spring has taken the train in recent weeks and constantly sees local travelers who like the extra options they get with the second train. The Zephyr has left Quincy in the morning and returned in the evening for more than 30 years. The Carl Sandburg leaves Chicago in the morning, arrives in Quincy about noon and then departs from Quincy at about 17:30 for the return to Chicago.

"People within the business community and city pushed so hard for this second train. Now we've got to remember that we have to prove we're worthy of it by using the service," Spring said.

Matt Vanover, a spokesman for the Illinois Department of Transportation, said the passenger numbers were about what state officials expected. He said while the first month numbers are encouraging, it will take months to determine how much demand there is for the new routes.

Although ridership numbers were good, Amtrak had a disappointing 53 percent on-time performance in November. Some of the late arrivals during the month were caused by railway congestion. A single track is available over most of the corridor between Quincy and Galesburg.

In some cases the Carl Sandburg has been delayed when freight trains were using the tracks.
The Dec. 1 snow and ice storm also caused several late arrivals along the corridor.

"We're not happy with the on-time performance on the Quincy route," Magliari said. "We're working with BNSF (Burlington Northern Santa Fe) Railway on congestion issues on both sides of Galesburg." - Doug Wilson, The Quincy Herald-Whig

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MINOT BIODIESEL PLANT ON HOLD TO SHORE UP FINANCING

MINOT, ND -- A $75 million project to make biodiesel fuel from canola, reorganized after European investors pulled out last year, is on hold while its organizers work to shore up financing, its chief operating officer says.

``We were faced with a dilemma of continuing in a construction finance phase,'' said Skip Hauth, the chief operating officer of the Dakota Skies Biodiesel LLC plant in northeast Minot, North Dakota.

``Rather than concentrate on designing, building and construction issues, Dakota Skies is finishing up the financing details and looking for a commitment from investors and other interested parties for the rest of the financing for the project,'' Hauth said.

Everett Dobrinski, the president of the Dakota Skies board, declined to say exactly how much more money is needed. He said rising construction costs and a big increase in the market price for canola ate up funds more quickly than expected.

Hauth said the winter weather, which limits construction, gives organizers more time to get financing in place.

``We're already talking with investors and others,'' he said. ``We plan to resume construction after the first of the year and build in earnest as the weather will permit us.''

The plant, originally named North Dakota Biodiesel, suffered a setback last fall when European investors backed out. The North Dakota Farmers Union took the lead on the project and renamed it Dakota Skies Biodiesel.

Hauth is an executive with Grand Island, N.Y.-based Biodiesel Management Inc. and one of the original project managers. He said pre-construction work required by the city and state for handling storm water is completed, and the groundwork has been prepared five buildings and for railroad track.

The director of the state Health Department's air quality division, Terry O'Clair, said Wednesday that Dakota Skies Biodiesel has yet to apply for an air quality permit that would be required before construction could start on any buildings.

The Dakota Skies project is planned near Gavin Yard and Minot Milling Co. in northeast Minot, to produce 30 million gallons of biodiesel a year.

``The universal response from Dakota Skies Biodiesel, LLC's stakeholders has been great,'' Hauth said. ``In fact, they have asked us what they can do to help us. Everybody wants to see us succeed and help. It's very gratifying.'' - The Associated Press, The Bismarck Tribune

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CPR ANNOUNCES 2007 PLANNED CAPITAL INVESTMENT

Canadian Pacific Railway announced Thursday it plans to spend $885 million to $895 million in 2007 on capital programs. This is an increase from its 2006 program of approximately $845 million.

"CPR's planned capital investments are targeted at further improving the fluidity of our network, while maintaining the reliability and safety of our infrastructure," said Fred Green, President and Chief Executive Officer. "These investments support our strategic initiatives, our focus on execution excellence and drive to improve CPR's operating ratio. This capital plan, implemented with the ingenuity of our employees, will keep us on track to become the safest, most fluid railway in North America."

2007 investment will focus on track infrastructure, locomotive power, information technology, land, and commercial and other service facilities. This includes approximately:

· $40 million to maintain and increase capacity in automotive and intermodal terminals, to support continued market growth;

· $150 million for locomotive acquisitions, overhauls and fuel saving modifications, ensuring CPR has the most efficient hauling capacity to meet customer demand and service requirements;

· $60 million for information technology to improve the systems that manage railway operations and customer shipments; and

· $625 million to maintain and upgrade rail, ballast, crossties and automated signal systems, buildings and equipment, to extend and build sidings, which are used as passing lanes in single-track areas, and for land acquisitions for future development in strategic locations across the network;

The remainder of the 2007 capital program will be primarily directed towards modifications and upgrades to the freight car fleet to more closely align with customer requirements. - Leslie Pidcock, CPR News Release

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LEWISTOWN BUYS 16 MILES OF RAIL LINE

LEWISTOWN, MT -- The city of Lewistown, Montana has approved a final purchase agreement for more than 16 miles of abandoned railroad corridor from BNSF Railway Co., the Lewistown News-Argus reported.

The city plans to take over the abandoned rail line, which weaves through town, Jan. 31.
The city paid $500,000 for the land, which totals roughly 200 acres. The purchase is financed by $200,000 in federal Community Transportation Enhancement funds and a $300,000 grant the city expects to receive from state Fish, Wildlife & Parks. Some of the FWP money will be used for weed abatement.

No tax money will be used for the purchase, City Manager Kevin Myhre told the News-Argus. The city has not decided what to do with the land, although it could be used for trails or utilities. Leaders of a local trail-development group want to link the railroad property to an existing trail system that runs through the Brewery Flats nature park. - The Great Falls Tribune

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COUNCIL DELAYS VOTE ON TRAIN TRENCH PLAZA

RENO, NV -- For the second week in a row, the Reno, Nevada City Council delayed a vote on building a two-block plaza over the downtown railroad trench because of negotiations with Fitzgeralds over parking.

The council on Wednesday postponed a $15.5 million agreement with Granite Construction Co. to build the plaza along Fitzgeralds and the Montage block to the west. The agreement would be a change to Granite's contract for building the train trench.

Fitzgeralds provides valet parking to its hotel on Commercial Row, part of which the city wants for the plaza. - The Reno Gazette-Journal

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MARRIAGE IS THE TICKET AT A ROMANTIC TRAFFIC STOP: UP MECHANIC POPS THE QUESTION

ROCKFORD, IL -- My God, what people will do to get out of a ticket.

A Rockford Park District police officer pulled over a suspicious vehicle traveling through the Festival of Lights display Wednesday night and ordered a young driver and his passenger out of the vehicle.

He instructed the couple to walk under the nearby lighted snowflake swag. The driver, Nathan Peterson, 23, got down on bended knee -- not to beg the officer to let them go -- but to place a ring on the finger of his girlfriend, 20-year-old Kayleigh Exline, and proposed.

In front of Peterson's parents and passing motorists a surprised Kayleigh said, "Yes."

The scenario was planned and executed flawlessly.

Looking back and forth between the imposing officer and her husband-to-be, Kayleigh said, "I was just thinking, 'What did you do?' "

Nathan admitted the idea to propose to Kayleigh in the park was in the works for the past month.

The former Belvidere High School sweethearts have been dating for five years.

Nathan, a mechanic for Union Pacific Railroad, said he knew he wanted to pop the question in the park, and he wanted family on hand.

But he wasn't quite sure how to pull it off and maintain some secrecy. That's where none other than Mr. Fourth of July, Joe Marino, stepped in.

Marino, a man responsible for entertaining thousands on July 4 and throughout the holiday season, had no problem with coming up with a setting for the two. He called Park District Police Chief Jerry Venable, and both devised a plan to have officer Josh Strand conduct a traffic stop on the vehicle at just the right spot. - Chris Green, The Rockford Register Star

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TRANSIT NEWS

UTAH TRANSIT TAX FUNDING FORMULA OK'D

SALT LAKE CITY, UT -- State lawmakers on Wednesday approved a formula for deciding which transportation projects will be built in Salt Lake County with a new quarter-cent sales tax - but not before throwing one last curveball.

An amendment offered by House Speaker Greg Curtis, R-Sandy, which would change how the county's Council of Governments measures the value of different road and transit projects, was added to the proposal passed by the Joint Executive Appropriations Committee.

Because of the addition, city and county leaders will have to meet one more time - probably on Tuesday - to formally insert the change into a formula that will allow them to begin ranking various road and transit projects, including four planned light rail extensions and the Mountain View Corridor highway on the Salt Lake Valley's west side.

All of the steps are necessary before the County Council can impose a quarter-cent sales tax increase for transportation improvements that voters approved last month. The Legislature gave the committee the power to approve the criteria when it allowed the sales tax vote with a law passed in a special session earlier this year.

"I expected there would be minor adjustments; I didn't expect changes to the [ranking criteria]. That came as a surprise. But it's not a big concern," West Valley City Mayor Dennis Nordfelt said following the vote.

Left hanging, at least until planners begin crunching numbers, is how the amendment will alter the ranking of different transportation projects. The big question: Will it give roads projects an edge over the transit proposals when they are analyzed and prioritized?

"I don't know," said Darrell Smith, the current chair of the Council of Governments.

Essentially, Curtis asked Council of Governments to alter the "weighting" of projects so that the cost-effectiveness of different road and light rail proposals will be equal with congestion relief - which county and state officials agreed should rank as the top priority when assessing projects. Other factors include economic and environmental impacts, and safety.

Wasatch Front Regional Director Chuck Chappell said the amendment should be easy enough to plug into the criteria process. The big challenge, he said, will be getting county and city leaders together to approve it before the holidays.

Still, the Curtis addition marked the latest twist in what has become a sometimes acrimonious battle between state and municipal leaders over how the transportation priorities ought to be ranked - lawmakers want more roads; county and city officials advocate an emphasis on transit - and how much say legislators should have over how the county prioritizes voter-approved tax increases.

The Joint Executive Appropriations Committee angered some county officials last month when it rejected the Council of Governments' initial project criteria, charging that it wasn't detailed enough.

On Wednesday, committee Democrats, who opposed the Curtis' amendment, essentially agreed.

"We have too many judges trying to decipher people's mind-reading," said Rep. Pat Jones, D-Holladay.

But committee Republicans didn't see what the big deal was.

"You bring up your prioritization process, and we bat it around until we find something we agree on," Rep. Steve Urquart, R-St. George, told Council of Governments officials. - Joe Baird, The Salt Lake Tribune

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SCOTTSDALE CITY COUNCIL STRADDLES LIGHT-RAIL FENCE

SCOTTSDALE, AZ -- The Scottsdale City Council didn't say yes to light rail on Tuesday, but they were unwilling to rule it out for good.

The council's discussion about whether to position Scottsdale Road to become home to light rail, modern streetcar or express bus service turned into a passionate debate, with council members and 16 residents commenting throughout.

Councilman Bob Littlefield made a motion to reverse a 2003 decision and remove Scottsdale Road as the designated transit corridor - a move that would end any chance of light rail going up and down the city's main thoroughfare. After each council member spoke and it was apparent Littlefield would lose 4-3, he amended his motion to hold a vote on whether to remove light rail as a transit option along Scottsdale Road.

The ratio remained the same, though, as the majority voted to keep light rail on the table. Littlefield, along with councilmen Jim Lane and Tony Nelssen, voted to remove the $70 million-a-mile system as an option for Scottsdale Road. "I just wanted to put everyone on record. Three of us will not consider light rail and the other four say they are willing to consider light rail," said Littlefield, who did not offer a preferred transit corridor alternative.

The other four council members did not commit to light rail, but said it was premature to remove it as an option before the city's $1.2 million update of the master transportation plan is completed. "There's no compelling reason to change the (corridor) designation," Councilman Wayne Ecton said.

Councilwoman Betty Drake and Mayor Mary Manross both made comments implying they would oppose running light rail through downtown Scottsdale - the concern raised by a number of residents in the audience. Drake said she might support a light-rail system south of downtown.

Michael Fernandez, owner of Pottery Paradise in downtown Scottsdale, spoke against the transit system with his slide, "A Streetcar Named Disaster," looming in the background. He said light rail would increase congestion, pollution, crime and fatalities and disrupt business. Sam West, also opposed to light rail, said: "The only congestion we have to fear is construction itself."

But representatives of the Scottsdale Area Chamber of Commerce and Scottsdale Healthcare and a few other residents said it was important to keep Scottsdale Road's designation as the transit corridor.

Bill Lindley, director of the Arizona Rail Passenger Association, said keeping the designation will be important in making the city vibrant. "We need to grow and embrace change or die," Lindley said.

The plan is to have whatever transit option is selected for Scottsdale Road to link to the $1.4 billion, 20-mile regional light-rail system under construction in Phoenix, Tempe and Mesa.

Scottsdale's master transportation plan update is also conducting traffic circulation studies of areas including downtown, the Airpark and north area, plus other street, bicycle and pedestrian options. The plan likely will be up for a vote either next summer or later. - Brian Powell, The East Valley Tribune, courtesy Marc Pearsall

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INTERURBAN PARK

WAXAHACHIE, TX -- Nearly 60 years after the trains stopped running through town, Waxahachie, Texas has a new pocket park dedicated to preserving the memory of the Interurban Railroad.

In 1908, the Interurban Railway started in North Texas and ran from Denison to Dallas.

The first trolley car arrived in Waxahachie in 1912, when Stone and Webster opened the Interurban Railway from Dallas to Waco.

The train traveled around 65 miles per hour and a rider could leave Waxahachie at 06:35 and arrive in Dallas at 07:40.

Along the route between Dallas and Waco, there were also stops in Lancaster, Italy, Hillsboro and other cities along the rail line.

The cost was 60 cents to travel from Waxahachie to Dallas or $1 from Waxahachie to West.

And while the Interurban Rail flourished for some time, the trains stopped running in 1948 as soldiers began coming home from overseas after World War II.

According to historians the trains received much of their revenue from advertising, fares and light freight.

After Interstate 75 opened in Dallas, much of the freight business went to truckers and the trains eventually stopped running.

Little remains of the old system today.

Recent construction on College Street in downtown Waxahachie led to the removal of the old tracks buried under the street and as cities along the route move forward, the bits and pieces linking the area to the historic train system become fewer and fewer.

Yet while enjoying the city's Hike and Bike Trail, Waldo DeCuir noticed some of those historic bits and pieces near Rogers Street and next to Waxahachie Creek.

After closer examination and a little digging through history books, DeCuir realized the large concrete blocks were a part of the old trestle that once carried the Interurban across the creek.

"The Hike and Bike Trail is one of the best things that's been done for Waxahachie recently," DeCuir said. "I've done a lot of walking out there and have a big interest in it. I was looking for a way to give something back to Waxahachie. I love solving puzzles like this and after a little investigation I found out the large cement blocks I saw were right where the Interurban crossed the creek."

DeCuir contacted Waxahachie Fire Chief David Hudgins, who has a personal collection of information on the rail line, and after discussing the idea with parks director John Smith, the three men went to work on cleaning brush from the area and installing a small pocket park with historic photos and a park bench along the Hike and Bike Trail.

"It's been fun to give back," DeCuir said. "I've enjoyed learning the history of the Interurban and trying to piece puzzle pieces together. I've also enjoyed working with Hudgins and Smith on this project."

Smith and DeCuir both said they would love to have additional artifacts from the Interurban, including old pieces of the rail, to add to the park.

"There are a lot of other things along the Hike and Bike Trail that I'd love to see added or marked," DeCuir said. "I think it would be neat to have a children's walking museum at one point, something marking the old AT&T telephone lines that ran through the area and a raised platform to allow people to look into the historic Richards Ballpark would be great as well. There are just a lot of real neat things that could be put up along the trail and creek." - Jonathan Blundell, The Waxahachie Daily Light

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