Fiscal Note
No appropriation required. There is no anticipated impact upon cost controls or the tax levy.
Title
Authorizing the City Engineer and City Attorney to establish quiet zones within the City of Madison.
Body
PREAMBLE
There are currently 101 public at grade railroad crossings within the City of Madison. On October 1, 2001 the City of Madison adopted an ordinance that prohibited the blowing of train whistles at crossings unless necessary to prevent immediate danger to life or property.
The Federal Railroad Administration (FRA) has published an Interim Final Rule, which provides interim procedures or the establishment of Quiet Zones within a municipality. These interim rules and regulations set forth certain standards for establishing Quiet Zones. At a minimum a quiet zone must have signals and gates at every railroad crossing within the Quiet Zone and be at least (½) one half of a mile in length.
It is anticipated that on April 1, 2005 the City's Whistle Ban Ordinance will be eliminated by the Federal requirement that trains blow their train whistles upon approaching crossings.
The City Engineering Division conducted a comprehensive study that mapped every railroad crossing in the City and created a database that specifies the type of protection at every railroad crossing. Of the 101 railroad crossings in the City of Madison, the Engineering Division believes 19 grade crossings meet the minimum requirements set forth in the Interim Final Rule to establish Quiet Zones. City Engineering has established a list of 7 potential Quiet Zones based on the type of railroad crossing protection present, the number of residents affected, the possibilities of future rail initiatives that may upgrade crossings to the required protection needed to establish Quiet Zones, and the cost associated with the creation of the Quiet Zones.
The FRA's Final Rule for the creation of Quiet Zones may be published as early as Mid-February 2005. The Final Rule will set forth the rules and regulations required to establish Quiet Zones, at which time City Engineering will proceed with the Quiet Zone creation process in accordance with the Final Rule. In anticipation of the publication of the Final Rule and given the time constraints involved, this resolution has been drafted.
NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Madison authorizes the City Engineer and City Attorney to submit the necessary documentation to the Federal Rail Administration to establish Quiet Zones within and immediately adjacent to the City of Madison in accordance with the rules and regulations of the Federal Railroad Administration.