Lincoln aldermen seek public opinion on train whistle ‘Quiet Zone’

 

[July 26, 2018] 

LINCOLN 

At Lincoln City Council's Tuesday night Committee of the Whole aldermen discussed whether or not it is in the best interest of Lincoln residents to apply for a “quiet zone” for the city. The quiet zone would pertain to the railroad crossings used by Amtrak and Union Pacific, running north to south through the city.

The establishment of the quiet zone would impact how trains utilize their horns when passing through a total of seven crossings in the city.

The conversation was held as a result of a request made at the July 10th meeting from a Lincoln resident, Chuck Fink, that the city consider seeking the quiet zone designation, and was also a follow up of a request made last fall by Curtis Fox of Lincoln.

Last fall in October, Fox had appeared before the council saying he seemed to recall that when the topic of high speed rail came up a few years ago, city leaders then said that they would seek a quiet zone designation because there were plans to increase the number of trains coming through the city once the new rails were completed. Fox lives a block from the tracks and said that he felt that the train whistles, night-time in particular, were too much of a disturbance for residents who lived so close to the tracks.

On July 10th, Fink had the same feelings. Fink also lives a block from the tracks and feels that the noise of a night is too much, especially for families with children.

At that time, aldermen did discuss the issue briefly but asked that Lincoln Building and Zoning Officer Wes Woodhall look into the matter.

Woodhall had told the aldermen that he has done quite a bit of research on the matter, and there are pros and cons to establishing the quiet zone. He noted that research done in Florida did show that there was an increase in accidents at crossings when the zones were established. However, he said that the information he had was gathered before safer barriers had been established.

On Tuesday evening, Fox returned to the council to once again say that he was strongly in favor of establishing a quiet zone. He said that he felt that the rules regarding train whistles is antiquated. He told the council that when rail first came into being, in most places there were no crossing arms and then, yes, whistles were a necessary means of alerting vehicles and pedestrians that a train was approaching. However, he noted that now it is quite different. In the city, there are quad gates at the seven crossings, there are pedestrian gates, and fencing. He felt that those safeguards were sufficient and that the horn blowing was not needed in order to alert people of an approaching train.

Fox said that today’s train horns blow at a decibel level between 95 and 110, which is pretty loud. He said that when he is at the Lincoln Park District he can hear the horns, and he can also hear them when he’s walking at Kickapoo Park. And, he said the number of trains coming through town is increasing. He noted that on Tuesday morning, a train came through at 2:05 a.m. and another came 15 minutes later. He said that the ‘rule’ for the horns is supposed to be to blow two shorts and one long at each crossing. With seven crossings then those horns blow 21 times going through town. He noted that the horn blowing is also somewhat at the discretion of the engineer and there are some trains that start blowing their horns when they hit the first crossing and don’t let up until they have passed through the last crossing.

When the topic came up on the agenda, Woodhall said that he had done additional research about the number of accidents after quiet zones were established, and he felt it was somewhat inconclusive. He said there isn’t a lot of well documented information out there. What he could tell the aldermen was that the general belief is that there have been increases in accidents where quiet zones were established.

He said that seeking opinions from others on the safety issue, the results had come in about “50-50” with some saying there were more accidents and some saying there were not.

He told the aldermen that according to Department of Transportation guidelines, the city does qualify for a zone. He said that from edge of town to edge of town, there is two-thirds of a mile of track running through town with seven crossings. The DOT requires that there be at least one-fourth of a mile of track. The city already has the quad gates and pedestrian gates as a result of the high speed rail program. The upgrade to crossing gates is required by the DOT, but the city already has them, so that is covered.

The city would have to budget for additional signage designating the quiet zone, but he said the investment would not be significant.

The application process would take time, and awaiting an answer could take six months to a year. Woodhall said that there would be a number of entities involved, and he could assure the city that Union Pacific would be against it, as that is the position they take with all quiet zone applications.

Woodhall advised the aldermen that if and when a death would occur after the quiet zone is implemented there is a good chance that victim survivors will attempt to file a lawsuit. He said that the DOT has taken steps to protect cities, and the odds that anyone would win a lawsuit are very slim. However, he noted that it could result in legal costs for the city even if they are found to be blameless.

Woodhall concluded saying that 63 percent of the eligible cities in Illinois have applied for and received quiet zone designations.

Tracy Welch asked if there were time restrictions on quiet zones. Woodhall said there are a number of designations from a 24-hour-a-day zone to a period between the hours of 10 p.m. and 7 a.m., and a third of the designations simply called ‘night time’ with no hours attached.

Ron Keller asked Woodhall to speak with city attorney Blinn Bates to see if he has examples of case law where a city has been sued for a death. Woodhall said he had already had that conversation with Bates and Bates had found no case law.

City Treasurer Chuck Conzo spoke as a resident of Lincoln as well as a city official that he was “100 percent opposed to a quiet zone.” He said that the trains don’t blow their horns just to annoy people, they do it for safety. He noted that with the speed of trains today, if someone was on the track and the train horn blew only if it saw that someone, it would be too late for the person to exit the track. He said obviously there were going to be situations that no safety measure will prevent, but still, it is in the best interest of the citizens that those horns be permitted.

Conzo said that while there are stories of those who were killed at train crossings, “what we’ll never know is how many people didn’t get killed.” He urged the council to invite Union Pacific to speak to them about why they are opposed to quiet zones, and to visit a website called Operation Life Saver. He also said that he would hope that the aldermen not make any decision quickly, to take their time and really examine the situation.

Dayne Dalpoas asked if the situation was as simple as a quiet zone or nothing, was there any compromise that could be made?

Woodhall said that there will never be a true quiet zone. The train engineers will always have the discretion of when to use their horns. He said that also the horns will still be used at the train station regardless of any designation.

Dalpoas also asked who enforces a quiet zone if it is established, and Woodhall said there was no enforcement.

Bloomington has recently implemented the quiet zone and Michelle Bauer asked that city administrator Beth Kavelman contact officials in Bloomington and get their take on the impact it has had there.

Welch asked if the city could terminate the quiet zone if they implemented it then found it to be a problem.

Woodhall said that no information is available about how to go about terminating a zone. He added that he would think it is possible, but would expect it to be “tasking,” just as getting the designation will be tasking. Woodhall advised the council that the process could take up to a year.

Bauer said she has had conversations with downtown businesses and residents, which have mixed feelings, but it appears that most are in favor. She said she would like to hear from more people. She said perhaps the city could pose a public question and ask residents and businesses to give their opinion to aldermen.

Welch asked if that could be done through the city website and social media outlets.

Woodhall asked the council what they wanted from him going forward.

Welch in turn asked Woodhall if he believed he has done enough research into the application process, and is he ready to move forward? Woodhall said he had and he is. Welch concluded then that for the time being there is no additional work for Woodhall and that he should just hold onto what he has complied until the aldermen can give him further direction.

The public question to constituents is very simple. “Should the city work to establish a quiet zone?” Aldermen want to hear from constituents.

City alderman contact info:

Steve Parrott - Alderman Ward 1
Lincoln, IL
Phone: [phone]

Tracy Welch - Alderman Ward 1
Lincoln, IL
Phone: [phone]

Ron Fleshman - Alderman Ward 2
Lincoln, IL
Phone: [phone]

Michelle Bauer - Alderman Ward 2
Lincoln, IL
Phone: [phone]

Ron Keller - Alderman Ward 3
Lincoln, IL
Phone: [phone]

Heidi Browne - Alderwoman Ward 3
Lincoln, IL
Phone: [phone]

Dayne Dalpoas - Alderman Ward 4
Lincoln, IL

Jeff Hoinacki - Alderman Ward 4
Lincoln, IL
Phone: [phone]

On the city website there is also an option to send an email by selecting the aldermen you wish to address and right-click on the name. That individual’s “page” will pop up and there is a “contact form” button that will send the reader to an email form.

Further action on this topic may be delayed until aldermen feel they have gathered sufficient input and information to make a well informed decision.

[Nila Smith]