Dangerous Crossing. The issue of safety and the railroad right-of-way in the Village of Wauwatosa has been a subject

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1 Dangerous Crossing Introduction of Topic The issue of safety and the railroad right-of-way in the Village of Wauwatosa has been a subject of discussion for many years. Whether that discussion took place at City Hall, within the Police or Fire Departments, whether it was initiated by the railroads or from the public sector, the fact remains that in all this time, very little has been done to address the danger that exists on the rail corridor which runs along State Street from the Wauwatosa eastern border, through the Village at Harwood Avenue. Since the early 1980 s when the one major improvement which in part addressed railroad safety in the Village of Wauwatosa, the construction of the Harmonee bridge which routes vehicle traffic over the tracks, there have been numerous accidents involving trains resulting in fatalities and serious injuries as well as a countless number of near miss accidents. Given the volume of traffic, both vehicle and pedestrian along the railroad corridor at this time, and with the expected increase in this traffic due to development of park and recreational areas, the time has come to address this issue seriously. Scope of Discussion The Canadian Pacific Railroad (CPR) right-of-way traverses through the City of Wauwatosa beginning at 60 th Street and runs parallel to State Street in a westerly direction. The CPR tracks intersect busy streets at North 63 rd Street, 68 th Street, 70 th Street and 72 nd Street before crossing over a heavily used pedestrian walkway and entrance to a large city owned parking area at Harwood Avenue. The focus of safety concern is the Village area of Wauwatosa and the portion of tracks that run between 63 rd Street and the Harwood Avenue pedestrian crossing. It is widely recognized by

2 railroad officials and train operators that this portion of the railroads right-of-way is more hazardous than any other section of CPR track in the southeastern portion of the State. It is this section of the railroad right-of-way that will be discussed in this report. Digest of Concerns When a close examination of the current situation relating to railroad traffic through the village area is made, there are several areas of concern that become readily apparent. Some of these concerns can be addressed easily and effectively. For example, the City of Wauwatosa has imposed a no horn ordinance which prohibits train operators from sounding warning horns while traveling through the city limits, except in the event of an emergency. The City could remove or modify this ban on train horns allowing trains to warn of their approach, which would increase safety immediately and significantly. Another area of concern, one for which there is no easy solution, is the grade crossings at 63 rd Street 68 th Street, 70 th Street and 72 nd Street where they intersect with West State Street. The location of State Street and its parallel proximity to the railroad tracks at these intersections make it difficult to effectively install expensive quadrant rail crossing warning system of gates, lights and an adequate buffer zone to meet the Federal Railroad Administrations safety standards. In addition to the horn restriction and dangerous grade crossings exists the lack of any barriers and the absence of any safe, designated location for pedestrian s crossing over tracks in the area of Hart Park. The warning signals for the pedestrian walkway at Harwood are substandard in every respect. Numerous site barriers exist, making it virtually impossible to see oncoming

3 trains at many locations. There is currently an average of 27 to 33 trains per day at a speed of 35 to 40 miles per hour traveling through the Village of Wauwatosa. The level of activity in this area, especially with the development of the Hart Park recreational space and the restoration of the Little Red Store will be on the rise. To compound matters, many of the pedestrians and motorists of this recreational and village square space in many cases are oblivious of the dangers that exists with trains traveling in both directions on this corridor. Train Horns The use of train horns has been banned by City ordinance for several years in Wauwatosa. The reason for this ban is simply that the noise created by horns can be an annoyance for people in this area. The Federal Railroad Administration has taken action to ban horn restriction ordinances unless a community installs new and expensive grade crossing equipment that meets the FRA s current standards for safety. Wauwatosa is an example of a City which has been grandfathered from this action, at least temporarily. Canadian Pacific train operators have told me that without the ability to warn of their approach by the use of train horns, they basically proceed ahead, watching closely and hope for the best. The use of train horns, at least during the hours of the day when people are most likely to be in this area would be an immediate and positive step towards improving safety. Train horns warn people of an approaching train and provide them with an opportunity to move away from the rails well in advance. Due to the curvature of the tracks and other obstacles, approaching trains are often impossible to see until they are dangerously close to pedestrian and grade crossings. When in sight, an approaching train gives an illusion of moving much slower than it actually is

4 due to its size. Without proper warning, a pedestrian or motorist may have only seconds to get safely out of the way before the train would be upon them. Train horns are loud and yes, at times annoying, however they serve their purpose by alerting everyone in the area of the trains approach, giving them ample time to move safely away from the tracks. Grade Crossings The grade crossings at the intersections along State Street that cross over the railroad tracks are particularly dangerous. Traffic is often stopped on the tracks, waiting to proceed onto State Street. This scenario plays out everyday on intersections at 68 th Street and 70 th Street during busy traffic periods. Drivers that find themselves on or very close to the tracks often are not in a position to see warning lights or gates when they activate. When railroad crossing signals activate, the train will enter the intersection in an average of 22 seconds from activation time. This may not be adequate time to attempt to get out of the way. The City has plans in place to improve the performance of these grade crossing signals. Coupled with the elimination or modification of train horn restrictions, these changes would provide an earlier warning opportunity and dramatically increase safety. Lack of Barriers The railroad tracks, rail bed and adjacent land are property of the railroad. Walking along or crossing over any of this property at any area not designated for this purpose is unlawful and considered trespassing. The are only a few signs erected in the Hart Park area that warn

5 pedestrians of this fact. Some signs are obscured by overgrowth. Others have been vandalized. Often they are ignored. In any case, the stretch of tracks between 72 nd Street and the Chancery restaurant parking lot to the west are crossed hundreds of times a day by Wauwatosa East High School student-athletes on their way to and from athletic facilities; employees at various businesses along State Street; patrons of restaurants and taverns who park along Hart Park Lane as well as many other walkers, joggers and recreationalists. Well worn foot paths are evident starting at the east end of the Chancery parking lot where students travel down 74 th Street, cross State Street and then proceed onto the tracks by making their way through overgrown shrubs and trees that essentially block any chance to view an oncoming trains until they are almost stepping onto the rails. These young people are often in groups and engaged in conversations with one another; or listening to music in ear-sets or talking on cell phones, largely unaware of the possibility that a train could be passing through. There presently is no designated pedestrian walkway established for this portion of the rail corridor. It is questionable whether the railroad would ever agree to place such a pedestrian crossing on the tracks for safety and liability reasons. There exists no fence or any other barrier denying access to the tracks here. A short wall, built as part of the Hart Park Flood Plain project, runs along Hart Park Lane but is about three feet in height at its tallest point. This wall is not an effective deterrent for the people crossing the tracks and it was not designed for that purpose.

6 Remember trains are not sounding their horns. If you are inclined to believe that a person will hear the roar of an approaching train, keep this in mind. The noise produced by diesel and electric turbine engines while pulling heavy trains is noise that quickly blends into the other sounds of vehicle traffic running along streets near the railway making it virtually impossible to hear approaching trains. Quick-paced Amtrak passenger trains glide over rails with very little noise heard by those nearby. Even heavier freight trains traveling eastbound are traveling on a slight down-grade and are not under full power which makes them much quieter. A fence could be erected along this length of track to make it impossible to cross the rail corridor. This fence would have to be substantial and span the entire distance from the Chancery lot to 72 nd Street. It would have to be well maintained, as its existence will be viewed as an impediment to getting across the tracks and a major inconvenience by those who wish to do so, subjecting it to vandalism. The foot bridge at Harwood, or 72 nd Street would become the only access points to get across the tracks. Another potential solution to this particular area of concern would be to construct a pedestrian bridge over the tracks. The required height needed, accessibility issues and available land to construct it along with the cost of such a project would be substantial and would have to be considered as a part of this option.

7 In a perfect world, most people would obey no trespassing signs and not cross over train tracks. Those that ignored these laws would only do so with heightened caution and awareness. If that were the case, we would not be discussing this issue. But the plain fact is that many people in our community, both young and old have become perilously comfortable wandering along and over this railroad right-of-way in the manner they do now. The level of complacency with which people routinely ignore the danger that exists in this area is nothing short of alarming and must be a concern to those who preside over these matters. Steps must be taken to improve pedestrian safety before a fatal accident occurs. Harwood Crossing - Warning Signals Perhaps the most glaring aspect of personal safety risks as they relate to the railway through the Village of Wauwatosa exists at the pedestrian crossing at Harwood Avenue and the Menomonee River. There are many factors which make this grade crossing the most dangerous part of this less than two-mile stretch of railway track. The growing numbers of people who utilize this crossing are unaware of the frequency and speed of trains passing through. There are not proper visual signals to warn people to stop. Pedestrians are unable to see trains approach due to numerous obstructions and blind spots. The railroad warning signal equipment that exists at this location is not even close to being safe and appropriate for a pedestrian crossing.

8 It should be noted that there is a vehicle grade crossing as well as the pedestrian crossing at this location. The vehicle grade crossing is protected by visible railroad warning lights and gates that drop down appropriately blocking the road when trains approach. These signals do not address the pedestrian crossing. Pedestrians As stated earlier, it is the pedestrian traffic that is at most risk at this crossing. Pedestrians in this case are defined as people who are walking, jogging, bicycling, skating, pushing strollers or pulling wagons with children. They may be individuals going to and from shops and restaurants or they may be groups of young people training on a cross-country run. During cold weather months you may see fewer people and when the weather warms up their numbers increase dramatically. During special events, such as TosaFest, there will be hundreds of people moving back and fourth and standing on the railroad tracks. Some of the festival-goers are consuming alcohol; live music at these events will drown out any train noise and warning bells. Young people including children are moving throughout this area, unsupervised. Other factors add to the danger. The noise generated from nearby traffic on State Street and over the Harmonee bridge will drown out train noise. This is far from an exaggeration? Visit this area during morning or afternoon busy traffic times and hear for yourself. There is the regular traffic on two busy streets with trucks and buses contributing to noise levels. Add water rushing down the river when levels are high or a helicopter overhead or sirens from the nearby fire station and at times it would be impossible to hear an approaching train.

9 If you are jogging with a group and talking, using a cell phone, listening to headphones or any one of a number of possible detractions that people employ while out recreating and even the most obvious warning signs may be totally missed or quite possibly not seen in time. Recommendations I have listed five recommendations for consideration at this time. It is totally possibly that other ideas or solutions to this life safety problem exists and should be sought out. 1) The City of Wauwatosa should act to immediately remove all train horn restrictions from City ordinances. Approaching trains would be required to sound their warning horns at the appropriate distances from grade and pedestrian crossings. A modified approach would be to change the horn ordinance which would restrict horn use during night-time hours, for example; 11:00PM to 6:00AM when the corridor is unpopulated by vehicle or pedestrian traffic. 2) The City of Wauwatosa should immediately explore the feasibility of erecting a barrier fence between the 72 nd Street crossing and the Chancery parking lot to the West. This barrier would keep all pedestrian traffic from crossing over the railway corridor unlawfully. A plan to erect a similar barrier fence east from 72 nd Street should also be considered as park space is developed.

10 As part of this area of concern, the City of Wauwatosa should engage in discussions with the Canadian Pacific Railroad to explore any options for the creation of designated pedestrian crossings in this area of the railway corridor. 3) The City of Wauwatosa should immediately inspect and develop a plan to erect improved warning signs at all rail crossings. These signs should be targeted especially for pedestrian traffic using sidewalks and recreational trails that cross the tracks. In addition, signs that prohibit trespassing on railroad properly should be installed and these rules should be enforced. 4) The City of Wauwatosa should inspect and remove all visual barriers that exist and are obstructing the view of approaching trains on this corridor. This would include trees and overgrowth. Other decorative structures at the Harwood pedestrian crossing that obstruct the view of approaching trains should be modified or removed. 5) The City of Wauwatosa, the Canadian Pacific Railroad and the Federal Railroad Administration should work cooperatively to determine how to best improve railroad warning signaling and grade crossing safety measures for all railway/grade crossings in this area. Summary People, both young and old have an expectation that they will be properly warned of approaching trains when using public areas. Furthermore, they believe that their own personal warning systems will keep them from harm. Unfortunately, the risks of relying on either of the above

11 mentioned warning methods are greater than anyone would imagine. It is hard to protect yourself from something you may not see or hear until it s too late. A lack of appropriate warnings and complacency can be a deadly combination. The Canadian Pacific Railway corridor that runs from the eastern city border and then disappears into the Menomonee Parkway passes through the most interesting and attractive location in the City of Wauwatosa. It is an area where people who live in Wauwatosa and those who visit want to spend their time. If Mayfair Mall is the marquee attraction in the City of Wauwatosa then the historic Village area is its precious heirloom. Many improvements have been made and others are underway. Retail, dinning and residential space is increasing and more plans are on the horizon. The community and recreational facilities at Hart Park are in constant use. The planned expansion and development of the newly created green space is an exciting project about to unfold. The Little Red Store will become a visitor center located only a few feet away from a busy double-track rail crossing. All of these developments and the thousands of people who will be attracted to this area annually make it imperative that the City of Wauwatosa address the safety concerns relating to the railway corridor immediately. The recommendations I have listed in this report are varied. Some will require funding plans and careful evaluation. Other measures can and should be implemented easily and immediately. It is my hope that the City will act to take the simple steps to improve safety now and begin to plan for implementation of the more complicated changes in the near future.

12 I am ready to assist the City in the evaluation of this problem at any time. I believe the Canadian Pacific Railroad is also eager to improve the margin of safety in this area as well. Please contact me with any additional questions or request for assistance. Thank you, Michael L. Anton Assistant Chief Operations Wauwatosa Fire Department