CSi Weather…
TODAY…MOSTLY SUNNY. BREEZY. HIGHS IN THE MID 50S. NORTHWEST
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.TONIGHT…MOSTLY CLEAR. LOWS IN THE MID 30S. WEST WINDS 5 TO
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.WEDNESDAY…MOSTLY SUNNY. HIGHS IN THE MID 50S. NORTHWEST WINDS
5 TO 10 MPH.
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.THURSDAY…SUNNY. HIGHS IN THE MID 50S. NORTHEAST WINDS AROUND
5 MPH.
.THURSDAY NIGHT…MOSTLY CLEAR. LOWS IN THE LOWER 30S.
.FRIDAY AND FRIDAY NIGHT…PARTLY CLOUDY. HIGHS IN THE LOWER 50S.
LOWS IN THE UPPER 30S.
.SATURDAY…MOSTLY SUNNY. HIGHS IN THE UPPER 50S.
.SATURDAY NIGHT…MOSTLY CLOUDY WITH A 30 PERCENT CHANCE OF RAIN.
LOWS IN THE MID 40S.
.SUNDAY…PARTLY SUNNY WITH A 40 PERCENT CHANCE OF RAIN. HIGHS IN
THE UPPER 50S.
.SUNDAY NIGHT…MOSTLY CLOUDY WITH A 30 PERCENT CHANCE OF RAIN.
LOWS IN THE MID 40S.
.COLUMBUS DAY…MOSTLY CLOUDY WITH A 40 PERCENT CHANCE OF RAIN.
HIGHS IN THE MID 50S.
Jamestown (CSi) The Jamestown City Council met in Regular Session Monday evening at City Hall. Council Member Gumke was not present, at the outset and then later was in attendance.
No bids were received for the sale of impounded/abandoned vehicles.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY INCLUDED
Item A was approved, unanimously, a Resolution to approve the request from the JSDC to act as a facilitator for CHS Fertilizer, for a new jobs training program and a 20 year agreement to provide $4,700,000 over 20 years ($235,000 annually) from the Economic Development Fund as an incentive grant to CHS Fertilizer, with the City Share to be $470,000 ($23,500 annually) and paid from the City Sales Tax Fund.
Item B. that was approved on a 3-2 vote, a Resolution to approve establishing the definition for affordable housing in the city to participate in the PACE Affordable Housing Program, to be equal to 80% of the median household income based on the 2010 census for Jamestown times 30% divided by 12, for a 2 bedroom apartment rental and utilities; with a 1 bedroom apartment rental to be $100 less and a 3 bedroom to be $100 more; subject to annual adjustment.
Item D A Resolution to deny the request for $16,000 to fund the construction of a Bus Shelter in the City parking lot west of the Post House. A City Council committee in September on a 3-1 vote with Council Member Buchanan not present recommended denying the funding, with Council Member Charlie Kourajian a supporter of the the proposed shelter, and the request, voted in opposition to the denial.
Since that meeting, an anonymous donor since identified by Charlie Kourajian as the Jamestown Knight’s of Columbus, has come forth to pay half of the request, or $8,000.
At Monday’s Meeting, Council Member Brubakken said the issue is about the city providing dollars and volunteer services, a for profit company, Jefferson Bus Lines, and if the bus line is making an effort to work with the city in constructing a shelter, and asking what their needs are. He questioned if Jefferson Bus Lines would also require additional amenities including providing staff.
Kourajian said a fourth wall to a shelter requires provisions be met in the building code including rest rooms, and ADA requirements. He pointed out supporters of the shelter are looking for economic development dollars put into the project from the City Sales Tax.
After further discussion and comments by Council members, the Council voted to deny the request of $16,000, on a 4-1 vote with Council Member Kourajian voted in opposition to the denial.
Item “E” A Resolution to acknowledge the findings of the City Attorney relative to responses received to the questionnaire pursuant to NDCC 40-57.1-03(5) regarding tax exemptions previously granted for Prairie Hills and the Heritage Centre relative to their assisted living services as meeting the terms of the approved tax exemptions.
A letter from Clarice Liechty was introduced into the record, that was E-Mailed to Council Members, as she was unable to attend the meeting.
Her testimony in part, concerned City Attorney Ken Dalsted in a July 31, 2014 letter to the City Council, which said “There is little in the way of documentation to discern the intent of the city in granting the specific exemptions. There are references to “Assisted Living Units in the applications, but nothing specifically committed to. We are checking to see if there are tapes of the meetings at which the developers were present to see what , if any commitments were made.”
Ms. Liechty’s testimony, said she reviewed a DVD recording, provided by CSi Cable, of the August 25, 2009 City Council meeting, when Marvin Brown of Prairie Hills Apartments responded to the kind of services he would provide, including “transportation, food, nursing services, 2 meals which is standard, 24 hours emergency call, minimum of house cleaning once a week.”
Ms. Liechty said, “As for “Assisted Living Units” the license from the North Dakota Health Department applies only to the safety of the building and not the services provided.
The testimony went on to say, “Previously I (Clarice Liechty) have, both in verbal and written testimony, given this information to the city and the city council. She added that Brown’s testimony and assurances were the basis for his getting the tax exemption.
She said the request made to the City Council, earlier, was to request from Marvin Brown of Prairie Hills Apartments ” documentation” of what he is providing in services and if those services provided, match what he testified he would provide.
At Monday’s meeting, the City Council the Council voted unanimously to knowledge the City Attorney’s findings.
ITEM M A Resolution was approved Change Order No. 1, to Hoffman & McNamara Company, for the East Business Loop Transportation Enhancement Project (TEU-2-987(038)042), for a net increase in the contract price of $25,464.00.
Item T was approved, a Resolution to approve Payment No. 2, to Woodsonia Real Estate Group, Inc., per the Developer Agreement dated August 8, 2013, in the amount of $4,000.00.
Approved without discussion.
Item C. that was approved, a Resolution to request a letter from Jamestown School District to discontinue the 1% City Sales Tax for the repayment of School District bonded indebtedness effective December 31, 2014, as it appears the district will have sufficient revenues to retire the bonds. The one percent City Sales Tax collection will continue through March 2015, the first quarter of the year, due to a mandated 90- day notification of ending the tax to the State Tax Department. The additional amount of taxes to be collected amounts to abour $500,000. Mayor Andersen said the city has not specifically ear-marked how the dollars will be allocated.
REGULAR AGENDA
RESOLUTIONS:
A PUBLIC HEARING was held, concerning the special assessment list for Paving, Water & Sewer Improvement District #13-42, #13-63 & #13-33.
The City Council approved the special assessments for Paving, Water & Sewer Improvement District #13-42, #13-63 & #13-33, in the total amount of $356,326.86, less the City Share of $33,532.90, less the Developer Fee of $58,000.00, with the balance of $264,793.96 to be assessed to benefited properties within the district.
A PUBLIC HEARING was held concerning the special assessment list for Sanitary Sewer District #13- 31 & #13-32.
Following the public hearing the City Council approved the special assessments for Sanitary Sewer District #13-31, in the total amount of $458,087.32, less the City Share of $114,521.83, with the balance of $343,565.49 to be assessed to benefited properties within the district; and also Sanitary Sewer District #13-32, in the total amount of $597,342.95, less the amended City Share of $162,102.78, with the balance of $435,240.17 to be assessed to benefited properties within the district.
A PUBLIC HEARING was held concerning the special assessment list for East Business Loop Reconstruction District #11-42, Project No. SU-2-987(029)033.
The City Council approved the special assessments for East Business Loop Reconstruction District #11-42, Project No. SU-2-987(029)033, in the total amount of $2,825,529.96, less the City Share of $2,186,864.56, with the balance of $638,665.40 to be assessed to benefited properties within the district.
Disapproved the application from Arctic Electric for a Special Use Permit to allow temporary sleeping rooms for employees on Lots 9-14, Block 7, Mill Hill 2nd Addition (Former Titan Building), which is currently zoned M-1 (Manufacturing District).
ORDINANCES:
A FIRST READING concerned an ordinance to amend Ordinance No. 329 by amending the District Map to change the zoning of Lots 1-7, Block 1, Scherbenske Third Estates Subdivision, from R-1 (Single Family Residential District) and A-1 (Agricultural District) to R-1(Single Family Residential District) and Lot 8, Block 1, Scherbenske Third Estates Subdivision, from R-1 (Single Family Residential District) and A-1 (Agricultural District) to A-1 (Agricultural District).
A FIRST READING concerned an ordinance to extend the City Sales Tax for economic development and city infrastructure fifteen (15) years to coincide with the Menard’s Tax Increment Financing District.
A FIRST READING concerned an ordinance to repeal Article IV of Chapter 25.5 pertaining to City Sales & Use Tax for school bond issue effective March 31, 2015.
HEARING FROM THE AUDIENCE: No one spoke.
APPOINTMENTS:
Council Member Brubakken was appointed to serve as the City Council representative on the South Central Dakota Regional Council with a term to expire September 2016.
OTHER BUSINESS:
(At 6:05 P.M.) PUBLIC HEARING was held Concerning the proposed budget for City General and Special Funds for the fiscal period January 1, 2015, through December 31, 2015.
A SECOND READING of an Ordinance pertaining to the appropriation of the Revenue and Special Funds for the fiscal year January 1, 2015, through December 31, 2015, was approved.
Mayor Andersen said the General Fund budget is “conservative,” noted that the city has approved the hiring of two additional police officers in 2015.
She noted more busget expenditures, in 2015, including utility projects.
The 2015 Jamestown City budget has a 1.9 percent increase over 2014, which will mean an increase in city property taxes.
City employees will receive a 2.5 percent increase in the step salary schedule, and a 2-percent cost of living salary increase.
The City Council directed the City Administrator to notify the County that the City of Jamestown should be exempt from the County Library Levy as the City maintains its own library levy.
The City Administrator was directed to certify the tax levies to the County for the fiscal period January 1, 2015, through December 31, 2015.
The City Council accepted and approved the 2013 City Audit, as prepared by Schauer & Associates, PC.
The City Council accepted and approved the 2013 City Audit, as prepared by Schauer & Associates, PC. The audit is on line at the city’s web site.
MAYOR AND COUNCIL MEMBER’S REPORT:
Mayor Andersen said the dedication of the fire fighters memorial will be held on Oct 8, 2014 at 5:30-p.m., in front of the City Fire Hall.
The meeting was shown live on CSi 67 followed by replays.
Jamestown (CSi) At a public hearing Jamestown Public School District residents expressed concerns about possible property tax increases, to help pay off deficits.
The latest projections now have the district in a deficit of $825,000 at the end of this school year.
The school district is considering and an increase the mill levy from 101.82 mills to 116.18 mills for the 2014-15 school year.
For a $100,000 property, that would amount to a $64.62 increase from $458.19 last year to $522.81 in the school’s portion of property taxes.
The 116 mills are still the second lowest levy since the 2006-07 and 2007-08 school years when the levy was 237.4 mills.
Concerns in the property tax increase included a senior citizen on a fixed income, noting increases in groceries, and no increases in entitlement benefits, and possible rent increases.
Jamestown (CSi) Jamestown Police is warning residents regarding a convicted sex offender residing within the City of Jamestown.
39 year old Timothy Richard Olpin is a white male, six feet tall, weighing 240 pounds with hazel eyes and gray hair.
He resides at 1203 2nd Avenue, Southeast, Apt #2, Jamestown, ND
Olpin has been assigned a high risk assessment by the North Dakota Risk Level Committee of the North Dakota Attorney General’s Office.
He was convicted of gross sexual imposition involving a 14 year old girl, on six occasions. He met the girl while recruiting members for a gang. He was convicted in January 2000, in Morton County District Court.
Disposition: six years, with five years suspended for five years.
He was convicted of 3rd degree sexual assault, when at age 16, Olpin molested a five year old boy he was supervising in a church basement.
He was convicted in May of 1991 in Frederick, County, Juvenile Court, in Maryland.
Disposition: Probation.
Olpin is not wanted by police at this time and has served the sentence imposed by the court. This notification is meant for public safety and not to increase fear in the community, nor should this information be used to threaten, assault, or intimidate the offender.
Attempts to harass, intimidate or threaten these offenders, or their families, landlords or employers will be turned over for prosecution.
Printed handouts of of the demographics of Olpin are available on the North Dakota Attorney General’s web site. www.sexoffender.nd.gov
FARGO (CSi) On Friday, October 3, 2014 the North Dakota Highway Patrol conducted a sobriety checkpoint at the junction of N.D. Highways 30 and 46 in Stutsman and Logan counties from 9-11 p.m. A total of 26 vehicles drove through the checkpoint and three were tested for impairment. No arrests were made.
Alcohol saturation patrols was conducted after the checkpoint and continued on Saturday, October 4. During the saturation patrols, the following activity was reported:
Three DUI arrests
Three arrests for minor in possession of alcohol
Two citations for open alcohol containers in a motor vehicle
One drug possession arrest
20 traffic citations and 19 warnings
BISMARCK, N.D. (AP) – The North Dakota Highway Patrol says troopers have cited 33 drivers for “move over” law violations during a saturation patrol.
Troopers statewide were on the lookout for motorists who failed to move over for authorized emergency vehicles.
The violation carries a $50 fine and two points on the violator’s driving record.
The patrol is reminding drivers to be vigilant around stopped emergency and highway maintenance vehicles with lights activated.
Valley City (CSi) The NDDOT is investigating damage to a bridge that was damaged in a semi accident, last week eastbound on I-94 near Valley City.
The semi crashed into the guard-rail on Interstate 94 at mile marker 293 near the Winter Show Arena, with the damage believed to be extensive.
The North Dakota Department of Transportation says it could be a few weeks before the repairs are made.
Temporary safety barriers are now in place, with the speed limit at 55 mph until further notice.
Valley News Live reports that engineers are also investigating to determine any significant damage to the bridge.
As reported previously, the semi driver involved in the crash, Terry Ellis Johnson was jailed and faces several drug related after Valley City Police said he was involved in a separate pickup truck crash, in Valley City, several hours after the I-94 crash, when the pickup struck a pole in front of the AmericInn parking lot around 5:30am Thursday morning, October 2, 2014.
Valley City Police recovered from the pickup what is alleged to be methamphetamine, marijuana and drug paraphernalia.
Johnson is facing drug related misdemeanor and felony charges in connection with this incident.
It’s unclear whether he has legal representation.
LAMOURE, N.D. (AP) – A semitrailer crash in southeastern North Dakota killed a number of turkeys.
The Highway Patrol says the semi went out of control on a curve on a county road near LaMoure about 9 p.m. Monday and landed on its side in the ditch.
The semi was hauling a flatbed trailer with cages of turkeys, and the patrol says “a large percentage” of the birds were killed. Authorities did not give a specific number.
Fifty-nine-year-old driver Lavern Lentz, of Huron, South Dakota, was flown to an Aberdeen hospital with what the patrol said were serious injuries.
BISMARCK, N.D. (AP) – A North Dakota woman has been sentenced to 6 1/2 years in prison for the stabbing death of her boyfriend’s cousin.
Morning Star Brown, of Fort Yates, was originally charged with second degree murder and assault with a dangerous weapon for the March 2013 death of Jarrett Two Bear. She pleaded guilty to involuntary manslaughter.
Authorities say Brown stabbed Two Bear during an argument at his Fort Yates home. He died on the way to a Bismarck hospital.
A federal public defender was not immediately available for comment.
WILLISTON, N.D. (AP) – Federal authorities and the trade association for the firearms industry are offering a reward for information related to a theft of about five dozen firearms in Williston.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the National Shooting Sports Foundation are offering up to $10,000 for any information that leads to the arrest and conviction of those involved in the Sept. 4 crime.
Court document show law enforcement estimate that about 50 firearms were stolen from the Napa/Myer Auto Parts store. Records show two of the stolen guns were sold to confidential informants.
Authorities have said that at least $20,000 worth of flashlights, firearm parts and accessories were also stolen from the store.
Three people have already been charged in the case.
FARGO, N.D. (AP) – Republican U.S. Rep. Kevin Cramer has pulled a television advertisement showing him laying a wreath in the North Dakota Veterans Cemetery.
Cramer says he wanted an ad with “a beautiful backdrop and a beautiful message” to show his support for veterans, but decided to dump it because it could risk federal funding for the cemetery.
The cemetery in Mandan is run by the North Dakota National Guard. Maj. Gen. David Sprynczynatyk (sprihn-suh-NAT’-ihk), North Dakota adjutant general, says the ad does not break state law but is inappropriate.
Sprynczynatyk says his office called Cramer Monday morning to ask him to stop running the ad.
Cramer’s opponent, Democrat George Sinner, says using the cemetery as a backdrop is “beyond reproach,” and says he’s still waiting for an apology from Cramer.
HANKINSON, N.D. (AP) – U.S. Sen. Heidi Heitkamp has presented a Vietnam War veteran from Hankinson with honors including a Purple Heart certificate.
Sgt. Richard Meyer was awarded the Purple Heart medal after sustaining injuries during his Army service in 1967, but his record hadn’t been properly updated until Heitkamp made an inquiry on his behalf. She gave him the certificate Monday at the Hankinson American Legion.
Meyer also received decades-overdue honors including two Bronze Service Stars and a good conduct medal. He had previously earned the medals but his record didn’t correctly indicate his eligibility to receive them.
BISMARCK, N.D. (AP) – About 40 North Dakota Army National Guard soldiers who served a year in Kosovo are back on American soil.
Guard spokeswoman Billie Jo Lorius says members of the Bismarck-based Company C, 2nd Battalion of the 285th Aviation Regiment arrived at Fort Hood, Texas, shortly after 4:30 a.m. Monday.
The soldiers will go through the demobilization process at Fort Hood before returning to North Dakota, probably next week sometime.
The North Dakota unit that flies Black Hawk helicopters supported an international peacekeeping mission in Kosovo.
BISMARCK, N.D. (AP) – Residents of Devils Lake are voting on a proposed $23.5 million convention center and a community wellness facility, while residents in Alexander are deciding whether to approve a $14.1 million school expansion.
The special elections were being held Tuesday.
The vote in Devils Lake is on a proposed half percent sales tax increase to fund the project. If approved, a convention center likely would be built at a former Wal-Mart site, and a wellness facility would be built at Lake Region State College.
The proposal in Alexandria is to double the number of school classrooms, add a second gymnasium, and build a new kitchen and cafeteria. Student enrollment is rapidly increasing in the city in the western oil patch.
BISMARCK, N.D. (AP) – Emergency management officials from around the state are in Bismarck for an annual conference.
The North Dakota Emergency Management Association and the state Department of Emergency Services are hosting the conference Tuesday through Thursday.
Topics include environmental spills, animal health threats and recovery planning.
Association President Mary Senger says it’s important for emergency managers to get together and learn from the experience of colleagues.
Policymakers, researchers, entrepreneurs and industry leaders are expected at an energy conference in Bismarck this week.
The eighth annual Great Plains and EmPower ND Energy Conference is Tuesday at the National Energy Center of Excellence at Bismarck State College.
The conference is hosted by North Dakota’s congressional delegation and governor, BSC, the Great Plains Energy Corridor, KLJ and the state Commerce Department.
The congressional delegation says the conference will help highlight North Dakota’s approach to energy development. North Dakota has become the second-leading oil and gas producing state in the country while also developing renewable energy.
In sports..
The Valley City State University football team is ranked inside the NAIA Top 25 for the first time this season.
Coming off their fourth straight victory, the Vikings moved up to No. 23 in the NAIA Top 25 Coaches’ Poll released on Monday. VCSU was receiving votes in the poll last week. The Vikings went from 11 poll points last week to 51 poll points this week.
Valley City State won 58-26 against Waldorf College on Saturday, scoring 34 straight points in the second half. VCSU improves to 5-1 overall and 3-0 in conference play. Their only loss came against No. 1-ranked Morningside College back on Sept. 6.
Morningside (4-0) is ranked No. 1 this week for the third consecutive week.
Up next: Valley City State hosts Mayville State University (2-4, 0-4 NSAA) on Saturday at 1 p.m.
PREP VOLLEYBALL
Fargo Oak Grove Lutheran def. Norman County West, Minn., 25-7, 25-15, 25-13
Sargent Central def. Britton-Hecla, S.D., 25-22, 25-20, 25-9
Sheyenne def. Valley City, 22-25, 25-16, 25-16, 25-17
Watford City def. Trinity Christian, 25-16, 25-10, 25-13
West Fargo def. Devils Lake, 25-19, 25-20, 25-12
MLB PLAYOFFS
NATIONAL LEAGUE
ST. LOUIS (AP) – Kolten Wong smacked a tiebreaking, two-run homer and the St. Louis Cardinals took a two-games-to-one lead in the National League Division Series by topping the Los Angeles Dodgers. Wong went deep off Scott Elbert in the seventh, one inning after Hanley Ramirez tied the game for the Dodgers with an RBI double. Matt Carpenter homered for the third straight game and winning pitcher John Lackey allowed a run and five hits in six innings. The fourth game of the series will be played in St. Louis on today, and the Dodgers have announced that Clayton Kershaw will start on three days’ rest.
SAN FRANCISCO (AP) – Doug Fister tossed seven shutout innings and the Washington Nationals took advantage of Madison Bumgarner’s throwing error to beat the Giants 4-1 in San Francisco and avoid a three-game sweep in the National League Division Series. The game was scoreless in the seventh until Bumgarner threw away Wilson Ramos’ bunt attempt, allowing two runs to score. Fister allowed just four hits and improved to 4-2 with a 2.60 ERA lifetime in the postseason. The series stays in San Francisco for Game 4 today. Gio Gonzalez starts for the Nationals against Ryan Vogelsong.
NATIONAL FOOTBALL LEAGUE
LANDOVER, Md. (AP) – The Seattle Seahawks picked up their ninth straight victory on Monday Night Football by grabbing an early 17-0 lead before holding off Washington 27-17. Russell Wilson rushed for a career-high 122 yards, including a nine-yard TD that put Seattle ahead 17-0 in the first half. He also completed 18 of 24 passes for 201 yards and two more scores for the 3-1 Seahawks.
SWIMMING…
UNDATED (AP) – USA Swimming has suspended Michael Phelps for six months, forcing him to withdraw from next year’s world championships. He is also losing his funding from the sport’s national governing body as a result of the Olympic champion’s second DUI arrest. The sanctions won’t keep Phelps from training with his North Baltimore club, but he won’t be allowed to participate in USA Swimming-sanctioned meets through March 6, 2015.
COLLEGE FOOTBALL…
UNDATED (AP) – Top-ranked Florida State could be missing three starters when the Seminoles play at Syracuse on Saturday. Coach Jimbo Fisher has announced that center Austin Barron is out with an arm injury, leading receiver Rashad Greene has not been cleared to play after suffering a concussion last week and running back Karlos Williams is in a walking boot after injuring his ankle during last weekend’s game.
Syracuse quarterback Terrel Hunt broke his shin against Louisville and will miss at least a month of play. Coach Scott Shafer says Hunt, who was injured the previous week in a loss to Notre Dame at MetLife Stadium in New Jersey, broke his fibula in the fourth quarter of Friday night’s game against Louisville in the Carrier Dome.
In world and national news…
MURSITPINAR, Turkey (AP) – It appears that U.S.-led coalition warplanes have once again attacked Islamic State group militants near Kobani, a Syrian border town that Kurdish forces are fighting fiercely to defend. The Britain-based Syrian Observatory for Human Rights says the airstrikes came as Kurdish forces pushed Islamic State militants out of the eastern part of Kobani, where the jihadists had raised their black flag hours earlier.
PARIS (AP) – Kurdish activists demanding more aid for besieged Kurdish forces struggling to hold onto the Syrian town of Kobani have forced their way into the European Parliament and clashed with police in Turkey. The protests are part of Europe-wide demonstrations against the Islamic State group’s advance. Turkish police used water cannons and tear gas today against the demonstrators.
STOCKHOLM (AP) – A breakthrough that spurred the development of LED technology used to light up computer screens and modern smartphones gets the Nobel Prize in physics. Two scientists from Japan and one from the U.S. share this year’s award for inventing blue light-emitting diodes. Scientists had struggled for decades to produce the blue diodes that are a crucial component in producing white light from LEDs.
BRUSSELS (AP) – Amazon is the focus of a European Union investigation. The EU’s competition authority is looking at Amazon’s tax agreement with Luxembourg, where most of the online retailer’s European profits are recorded. The investigation centers on whether the deal constitutes illegal state aid that distorts competition. The investigation is part of a wider crackdown on corporate tax avoidance.
WASHINGTON (AP) – Is talking to your car or smartphone while driving less distracting than fumbling with a device? The answer according to two studies is maybe not. The studies conclude that because the devices are complex and error-prone, voice-activated smartphones and dashboard infotainment systems may be making the distracted-driving problem worse instead of better.