When Bismarck voters go to the polls on Tuesday, they will be asked to make decisions on two issues - the implementation of a quiet rail zone and whether city sales tax can be used for building a new northside fire station.

Mayor John Warford said he is a strong supporter of both city commission-initiated measures.

Building of the fire station seems a foregone conclusion. Growth of Bismarck is dictating the necessity of this strategically placed facility adjacent to the intersection of Lockport Street and 43rd Avenue. The city commission has taken the steps to acquire the land and staff the fire station.

What the city commission wants to know is if it can use city sales tax revenue to construct and equip the $2,288,000 fire station. For the city to use sales tax money, voters must approve the measure by 60 percent or greater.

"I've always felt that sales tax dollars are a good way to fund the new north fire station and I hope the voters agree," Warford said. "The need for the fire station is well documented through the strategic fire plan. What it comes down to is response times. When a citizen's house, business or personal property is burning, they want the fire department to get there as soon as possible."

The fire station is an essential facility, Warford said. Should the measure be defeated, the commission will look for other means of funding, which could include the general fund, which derives its revenues from property tax. The mayor said he expects the commission would turn the issue over to the finance director to come up with a plan for funding.

If instituted, the quiet rail zone will keep BNSF Railway trains from blowing their horns at intersections as they pass through the heart of Bismarck. In order to do this, modifications at the intersections of Fraine Barracks Road, Third, Fifth, 12th, 19th-Airport Road, 24th and 26th streets are necessary.

Total project cost of implementing the quiet rail zone is just over $4 million.

About $1.6 million of the financing is proposed to come from the tax increment district funds and $2.5 million from city sales tax revenues. Those projects falling within the tax increment district are Third Street, Fifth Street and half of 12th Street. Construction of the quiet rail zone projects is expected to begin in 2010 and completed in 2013.

The vote on the quiet rail zone is advisory in nature. Following the vote, the issue will come back to the Bismarck City Commission, which will make a decision on what course to take.

City attorney Charlie Whitman said that the nature of the quiet rail zone projects falls within the prescribed uses of the city sales tax as listed in the home rule charter. Commissioners can approve expenditure of the sales tax revenue without putting it to a vote of the public.

"Since I've become mayor, I've never received a letter from anyone indicating they want the horns to blow more. But I have received many letters from citizens, some living quite a ways away from the tracks, complaining about the noise," Warford said.

"Hopefully the citizens can understand this is an advisory vote. If the vote comes out affirmative, the city commission will likely move forward with quiet rail. It will, in my opinion, enhance the quality of life in Bismarck."

If the projects are approved and the commission moves forward with implementation, application will have to be made to the Federal Railway Administration.

Construction and subsequent maintenance of the projects will be done through BNSF Railway. The city has no recourse other than to have BNSF construct and maintain the projects if it wants a quiet rail zone.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)