– Wayne Byers Show – Evening – Oct 6

CSi Weather…

TONIGHT…MOSTLY CLOUDY. LOWS IN THE MID 40S. NORTHWEST WINDS
15 TO 20 MPH.
.TUESDAY…PARTLY SUNNY. BREEZY. HIGHS IN THE MID 50S. NORTHWEST
WINDS 15 TO 25 MPH.
.TUESDAY NIGHT…MOSTLY CLEAR. LOWS IN THE MID 30S. NORTHWEST
WINDS 5 TO 15 MPH.
.WEDNESDAY…MOSTLY SUNNY. HIGHS IN THE MID 50S. NORTHWEST WINDS
AROUND 5 MPH.
.WEDNESDAY NIGHT…MOSTLY CLOUDY. LOWS IN THE UPPER 30S.
.THURSDAY…MOSTLY SUNNY. HIGHS IN THE LOWER 50S.
.THURSDAY NIGHT…MOSTLY CLEAR. LOWS IN THE LOWER 30S.
.FRIDAY AND FRIDAY NIGHT…PARTLY CLOUDY. HIGHS IN THE MID 50S.
LOWS IN THE UPPER 30S.
.SATURDAY…PARTLY SUNNY. HIGHS IN THE UPPER 50S.
.SATURDAY NIGHT AND SUNDAY…MOSTLY CLOUDY. A 30 PERCENT CHANCE
OF RAIN. LOWS IN THE MID 40S. HIGHS IN THE UPPER 50S.

ISOLATED SHOWERS TODAY MOVING INTO SOUTH CENTRAL NORTH DAKOTA THROUGHOUT THE DAY. LINGERING PRECIPITATION
ACTIVITY THIS EVENING WILL SHIFT EAST.

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.

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) 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.

Police has corrected his residency

He resides at 1203 2^nd Avenue, Northeast, 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

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.

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

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.

FARGO, N.D. (AP) – Emergency responders in the Red River Valley are being trained on the details of oil tanker cars similar to the ones that derailed and burned in Casselton in late December.

     The classroom is coming to them.

     The railcar leasing company GATX has brought its training car and portable classroom to Fargo to help first responders learn how to deal with possible incidents involving hazardous materials. The 35,000-gallon car is outfitted with a variety of fittings, coatings and other equipment.

     The accident near Casselton spilled about 400,000 gallons of crude oil. There were no injuries, but residents were asked to evacuate the town.

     Cass County Sheriff Paul Laney says the fiery crash was a challenge to first responders and the training is not a “feel-good thing, but reality in your face.”

BISMARCK, N.D. (AP) – As many as 75 North Dakota school districts might benefit from a federal grant intended to help them plan for emergencies.

     The state Department of Public Instruction has been awarded a $250,000 federal grant to help rural districts review, revise or develop emergency operations plans. Every school district is eligible except for Bismarck, Mandan, Fargo, West Fargo, Grand Forks and Minot.

     Director for Safe and Healthy Schools Valerie Fischer says DPI, the state Department of Homeland Security and the North Dakota Safety Council will provide assessments of schools’ emergency procedures and training on how to improve them

     DPI is taking applications through Oct. 22.

BOTTINEAU, N.D. (AP) – An historic building on the campus of Dakota College at Bottineau might be in danger of being torn down.

     Old Main was decommissioned in 2007, after the state Legislature decided it was more cost-effective to build a new facility than to renovate the 107-year-old building that was the original home of the State School of Forestry.

     A committee has been trying to raise money since 2007 to renovate Old Main, but school Dean Ken Grosz tells the Minot Daily News that the interior of the building has deteriorated to the point where renovations might no longer be an option.

     Structural engineers from a Minot company this week will be assessing the building. The committee will use the information to decide what to do.

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.

In world and national news…

WASHINGTON (AP) – A number of states are moving to complete the legal formalities to allow same-sex marriage after the Supreme Court Monday turned down appeals from five states seeking to prohibit gay and lesbian unions. Without comment, the justices brought to an end delays in Indiana, Oklahoma, Utah, Virginia and Wisconsin, effectively making gay marriage legal in 30 states. Wisconsin Gov. Scott Walker declared the fight against same-sex marriage “over” in his state, saying it’s now “the law of the land.”

     WASHINGTON (AP) – Officials at Texas Health Presbyterian Hospital in Dallas say they are using an experimental drug to treat Thomas Eric Duncan, who was diagnosed with Ebola last week after recently arriving from Liberia. The North Carolina-based drugmaker Chimerix says the Food and Drug Administration has granted emergency authorization for use of its antiviral drug, which is in late-stage testing for several other types of viruses.

     ISLAMABAD (AP) – Two Pakistani intelligence officials say a suspected U.S. drone strike on a Taliban compound in the North Waziristan tribal region has killed at least four militants. North Waziristan is home to local and al-Qaida-linked insurgents who carry out attacks on both sides of the Pakistan-Afghanistan border. U.S. drone strikes are widely unpopular in Pakistan, where many consider them a violation of national sovereignty.

     WASHINGTON (AP) – The White House is standing firmly behind its criticism of a new Israeli settlement construction project in East Jerusalem. Israeli Prime Minister Benjamin Netanyahu complained that the U.S. rebuke goes “against American values.” But White House spokesman Josh Earnest says it has been longstanding U.S. policy to oppose any unilateral action that attempts to prejudge the status of Jerusalem. He adds that the U.S. has long supported Israel, defended it in international disputes and financed its defense including its anti-rocket “Iron Dome” defense system.

     NEW YORK (AP) – The man who pitched 7UP as the “uncola” and brought “The Wiz” to Broadway has died. Geoffrey Holder had an eclectic show business career, winning Tony Awards in 1975 for directing and designing the costumes for an all-black retelling of “The Wizard of Oz.” Movie fans will remember the 6-foot-6, Trinidad-born Holder as the villain in the James Bond film “Live and Let Die.” A family friend says Holder died Sunday in a New York hospital of complications from pneumonia. Geoffrey Holder was 84.