Latest news with #NorthDakotaCenturyCode
Yahoo
01-06-2025
- Business
- Yahoo
Grand Forks moving ahead with first changes to nonconformity property rules since 1980s
Jun. 1—GRAND FORKS — The city of Grand Forks is moving forward with the first overhaul of its nonconformity code in nearly 40 years. The changes received their first approval from the Grand Forks City Council on May 19, but have been discussed for several months. This will be the first time the city has changed rules governing nonconforming lots, structures and zoning uses since the current land development code was created in 1987. The current code has been described as punitive, heavy-handed and unclear. "Particularly with our small lots, our residential small lots, we had quite a few in our older neighborhoods — small, affordable homes," Grand Forks planning manager Andrea Edwardson told the council. "They're getting caught in the financial transactions, because if you have a nonconforming status, typically you cannot receive financing." The changes also align city code with changes in North Dakota Century Code. A law passed by the Legislature that goes into effect later this year, HB 1500, will allow many noncomforming property owners — who previously had issues — to more easily rebuild or repair their homes. The new law and the new city code don't allow all nonconformities to rebuild. The changes allow for rebuilding to match a current structure and format if it meets the uses laid out in zoning, doesn't encroach on public rights of way or neighbors, and meets building codes. Grand Forks' change goes one step further and would allow for most property owners to rebuild, both residential and commercial. Again, owners will have to still meet structural and encroachment rules, but would clear many of the hurdles of needing to go through the city variance process. The nonconformities affected by the change fall into three categories: * A nonconforming land use: The property's activity is not allowed by the designated zoning of a property, like residential homes in an industrial area or commercial in a residential zone. Nonconformities often occur when the city changes the land use. * A nonconforming lot: The property's dimensions no longer meet the requirements of the code. This is common in older parts of Grand Forks, where lots are on average smaller and minimum dimensions have increased over time. * A nonconforming structure: The use is permitted, but the structure doesn't meet land use requirements for setbacks, impervious surfaces or some other requirement of code. Nonconforming lots and structures can go through a variance process through the city's Board of Adjustments, but it's a process that can take several weeks from initial application to final approval. Nonconforming land uses require zoning map ordinance changes, which also take several weeks between the Grand Forks City Council and the Grand Forks Planning and Zoning Commission. The changes to code will likely make the processes clearer, if not easier for many. "We're essentially saying those north-end properties that existed before our current zoning code, if you're allowed within your district in terms of activity, we want to make it a little bit easier should anything happen," Edwardson told the Herald. "We want to make this easier for you to have housing financing options and open that door up a little bit more." Additionally, the city is reaching out to several property owners on the north end of Grand Forks that have been identified as being eligible for rezoning so they're no longer nonconformities. Forty-three properties that are along commercial corridors, but don't face the corresponding thoroughfares tied with the commercial zoning, have had letters sent saying they could apply to be rezoned from commercial to residential. The Planning and Zoning Commission will review applications in July.
Yahoo
25-05-2025
- General
- Yahoo
Parents ask Grand Forks district to reconsider decision to prohibit Indigenous beadwork on graduation caps
May 24—GRAND FORKS — A group of parents are asking Grand Forks Public Schools to reconsider after they say district officials told Indigenous students they would not be allowed to wear traditional beadwork on their graduation caps. District policy does not allow adornment of graduation caps, but since 2015, the district has given an accommodation that allows American Indian students to wear eagle feathers for their graduation ceremony. Although beadwork is not specifically allowed, in past years, students have worn it without issue, according to Courtney Davis, a parent in the district and an enrolled member of the Turtle Mountain Band. Davis said the district's request left her confused. "It felt like they're finally getting to a place where it was being understood and celebrated," said Davis, also a former Native American liaison for the district. "But now we've got to go back and suppress the students' ability to express their identity and their culture." The district's Native American Parent Committee plans to meet Tuesday to discuss the issue with district officials. Melissa Bakke, a spokesperson for the district, confirmed to the Grand Forks Herald that the graduates are expected to dress "in an appropriate manner," requiring cap, gown, tassel and shoes, and that "no other personal additions shall be allowed other than school-issued stoles of honor without prior permission of the administration." "At Grand Forks Public Schools, we value all students, including the meaningful traditions of our Indigenous communities," Bakke said in a statement. "With that in mind, we are actively exploring how Grand Forks Public Schools can continue to honor and celebrate all students in meaningful and respectful ways. ... As we review our practices, including those related to graduation ceremonies, our focus is on maintaining the dignity and formality of the event while ensuring it reflects the values of our GFPS school community." North Dakota Century Code says school districts may not establish a dress code that prohibits students from wearing traditional tribal regalia at graduation, and specifies that for the purposes of the law, regalia refers to an eagle feather or eagle plume. The law is written to give districts local control, said Davis, who successfully pushed for the eagle feather accommodation in Grand Forks as a district employee more than 10 years ago. The state law followed in 2019. Davis said she hasn't yet had a conversation with district officials about the issue, so she can't guess what the reason is for their decision on beadwork. In the past, those against allowing graduation cap decorations argued they could isolate or exclude some students, or could become disruptive. Davis and others in favor argue that graduation rates for American Indian students in the district and state are low, and allowing graduates to wear traditional adornment is an important way to instill a sense of pride. The district does offer an alternative graduation to celebrate the achievements of Indigenous students, Davis noted. Davis and other parents have been encouraging people in the district to write letters of support to district officials ahead of the Tuesday meeting. She has also been in touch with the Native American Rights Fund, which helped her change the district policy in 2015. She's hopeful for a positive conversation on Tuesday with district officials. "I just want to make sure that people are conveying why it's important and significant, in a good way," she said.
Yahoo
17-04-2025
- Business
- Yahoo
Lawmaker's vacation among 195 missed days by North Dakota legislators
Rep. Landon Bahl, R-Grand Forks, listens in the House chamber during a floor session on April 17, 2025. Bahl has missed 10 days of the legislative session. (Michael Achterling/North Dakota Monitor) North Dakota lawmakers will be paid at least $41,500 for absences during the 2025 legislative session so far, though most legislators with more than a handful of missed days said they were due to family or medical reasons, military service or their jobs. Rep. Lori VanWinkle, R-Minot, said earlier this week she felt singled out by criticism from the House majority leader over taking five days off to go on a vacation. Five lawmakers have missed six or more days during the legislative session, including VanWinkle, who has missed seven days of the session. In total, 84 lawmakers of the Legislature's combined 141-member body were absent for at least one day since the session began in early January. They accumulated 195 missed legislative days as of Thursday, according to Legislative Council. The North Dakota Monitor excluded from the analysis the absences of Rep. Josh Christy, who died in office in February. North Dakota lawmaker defends absence as she's urged to go without pay for vacation Legislators are paid for days they are absent unless they ask Legislative Council to withhold their pay, said Legislative Council Director John Bjornson. They are paid $213 per calendar day during the legislative session, with committee chairs and other leadership positions earning slightly more. That's in addition to a monthly salary of $592. Rep. Landon Bahl, R-Grand Forks, has missed the most with 10 days, according to Legislative Council. Bahl missed the week of March 31 to lobby for fraternities in Washington, D.C., on business not related to the state Legislature, but will receive $1,065 in legislative pay for those five days. Bahl also has missed days for reasons related to his job. He said his situation is unique because he is the chief operating officer for 322 Hospitality Group, which oversees more than 250 employees across eight different restaurants, hotels and event centers. 'District 17 voted me in as a business operator,' Bahl said. 'I always have two laptops because I'm constantly emailing … and bouncing back and forth because that's my job and this is a part-time citizen Legislature.' On Monday, House Majority Leader Mike Lefor, R-Dickinson, said he suggested that VanWinkle voluntarily give back the $1,065 in legislative pay she received while on a family vacation. Lefor said he didn't have the authority to withhold a lawmaker's pay. House and Senate rules, however, appear to conflict with state statute. North Dakota Century Code states members of the Legislature are 'entitled' to receive compensation. But House and Senate rules state legislators may not be absent during an entire day 'unless unable to attend due to illness or other cause.' The rules also say 'no one is entitled to draw pay while absent more than one day without leave.' Lefor and Senate Majority Leader David Hogue, R-Minot, referred questions on the rules to Bjornson. Bjornson said he was unsure when the absence rules were first added to the chamber rule books, but they were included in every rule book going as far back as 1957, the oldest rule book on his office shelf. The presiding officer of the chamber, either the speaker of the House or the president of the Senate, signs payment vouchers for the lawmakers, Bjornson said. If the presiding officer and the majority leader of the chamber told the Legislative Council not to pay someone, they would follow that direction, Bjornson said. North Dakota lawmakers serve up to 80 days every two years. Thursday was day 64 of the session. Lefor said earlier this week he thinks it's inappropriate for a lawmaker to take vacation during a legislative session. VanWinkle defended her absence to spend time with her family and said she thinks the criticism is unfair. She declined additional comment on Wednesday. Rep. Jayme Davis, D-Rolette, has missed nine days during the legislative session. Absences early in the session were due to the death of her father. More recently, she said she has missed days to drive her mother from Rolette to Bismarck for medical appointments. 'As much as I want a vacation, I'm here to do a job that I was elected to do,' Davis said. 'Unless it's literally life or death, it's probably the only reason I would miss.' Rep. Alisa Mitskog, D-Wahpeton, and Rep. Matt Ruby, R-Minot, have each missed six days. Mitskog said her absences were related to medical reasons for herself and her family. She said her husband is battling cancer that requires appointments in Minneapolis and she attends when possible so she can ask questions. Her elderly mother also needed to be driven to appointments in Fargo that were set up months in advance. 'They weren't vacation days,' Mitskog said. Ruby said his absences were due to National Guard training and because his son had surgery. He said he communicated every absence to chamber leadership, which he said is important for planning which bills come to the floor for votes. 'I certainly wasn't taking vacation,' Ruby said. Ruby said he does not think the policy surrounding legislative absences needs to be changed because he doesn't believe people are abusing it, for the most part. 'Sometimes you have doctor's appointments you have to get done,' Ruby said. 'Sometimes you shouldn't be sitting shoulder to shoulder with someone if you are sick … but it's expected to be here if you can, and we're all adults here.' 2025-Regular Session-Absent Members-2 SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
16-04-2025
- Business
- Yahoo
ND Senate fails bill to divest Legacy Fund from China
Apr. 16—BISMARCK — The North Dakota Senate failed a bill on a 20-26 vote Tuesday, April 15, that would have allowed the State Investment Board to divest Legacy Fund investments from Chinese companies. Sens. Cole Conley and Terry Wanzek, both R-Jamestown, voted in favor of House Bill 1330. HB 1330 would have added language to the prudent investor rule to define a Chinese company as a company domiciled in China. Sen. Sean Cleary, R-Bismarck, a supporter of the bill, said HB 1330 allows but does not require the State Investment Board to divest Legacy Fund holdings from Chinese companies. "I think there's circumstances where it's appropriate for the SIB (State Investment Board) to take a look at all the factors that are surrounding where our Legacy Fund is invested and make a decision based on those factors," he said. "I think a green vote on this bill positions them to do that. It gives them the flexibility to divest from direct investments in China." Sen. Cole Conley, R-Jamestown, a sponsor of the bill, said the Legacy Fund is being used to invest in China's sovereign wealth fund. "I'm not sure why we are doing that," he said. Sen. Jeffery Magrum, R-Hazelton, said the state could lose money on its Legacy Fund investments in Chinese companies if the U.S. goes to war with China. "I think divesting would have been great, but if the state investment board has the option to say, we need to pull the plug on our investments over there, it does give them the option," he said. In 2010, North Dakota voters approved a measure that created the Legacy Fund, which is a perpetual source of state revenue from the finite national resources of oil and natural gas, according to the Office of State Treasurer's website. Thirty percent of the taxes on petroleum produced and extracted in North Dakota are transferred to the Legacy Fund monthly, according to the North Dakota Retirement and Investment Office's website. The Legacy Fund has over $12 billion as of Jan. 31. It has earned over $600 million for the 2023-25 biennium. The State Investment Board has statutory responsibility for the administration of the investment programs of several funds including the Legacy Fund, according to the Retirement and Investment Office's website. Sen. Michael Dwyer, R-Bismarck, who opposed the bill, said about $22 million of the Legacy Fund is in direct holdings in Chinese companies. "The State Investment Board operates under a prudent investment rule and there might be one of those investments that is an excellent investment," he said. "They would need the authority to divest themselves from that if they were going to violate the prudent investor rule." Sen. Jerry Klein, R-Fessenden, who opposed the bill, said it would be the first time a specific nation was listed in the North Dakota Century Code if the bill were to pass. "We've got investments around the country, and the federal government allows us to invest there," he said. "They have a list of countries where we can't invest, so that provides some of that comfort that we were looking for."
Yahoo
29-03-2025
- Politics
- Yahoo
Proposal to change North Dakota sessions to every year debated in Senate committee
Mar. 28—BISMARCK — Grand Forks legislator Landon Bahl believes a proposal that would end the Legislature's traditional biennial schedule would modernize the state's lawmaking process while preserving the integrity of the current system. Bahl, a Republican member of the state House of Representatives, testified in favor of House Bill 1408 during a Friday morning meeting of the Senate State and Local Government Committee. As chief sponsor of the plan, he believes its approval will strengthen the legislative process, improve decision-making and ensure "long term efficiency in government." North Dakota's Legislature is one of just four states that still meet every other year. Fifty years ago, more than 40 states followed the every-other-year schedule. Technically, HB 1408 seeks to amend and reenact a section of the North Dakota Century Code, "relating to annual reconvened sessions of the legislative assembly." If passed in its current form, HB 1408 would maintain the 80-day limit but would instead distribute them over two years, starting in 2027. The bill passed the House 64-26 and is working its way through the Senate process. The goal, Bahl said, is to improve responsiveness and allow for more timely decision-making. Additionally, according to his written testimony, it could better attract "high-quality legislative candidates by making public service more accessible. Annual sessions would allow more North Dakotans, especially those unable to commit to four months at a time, to serve, fostering a more experienced, diverse and representative Legislature." He also believes the change would improve the effectiveness of interim legislative committees. "Don't get me wrong. I think we all enjoy our interim committees, but I think we can all agree that they may not be the most effective — not because of who is leading them, but just simply because of how the process unfolds for those committees," Bahl said during Friday's hearing. He was pressed on that. Committee member Sen. Judy Lee, R-West Fargo, said "I respectfully take umbrage that you think interim committees are not effective. ..." Bahl clarified: "I never said interim committees are not effective. I said they could become more effective." Lee called the proposal a "big fruit basket upset." Opponents believe annual sessions could give too much power to or put too much work on the shoulders of Legislative Management, a body that works between sessions to provide services to lawmakers. Scott Hanebutt, director of public policy for the North Dakota Farm Bureau, believes it could increase state spending and limit farmers from being in the Legislature. During testimony against SB 1408 on Friday, Hanebutt said he has worked as a lobbyist elsewhere and said "I wouldn't mess with a good system, which is what we have here. "Every state is a little bit different so I am sure we can find examples on both sides of the argument," he said. "Our (Farm Bureau) members have certainly always believed that increasing to an annual session would increase budgets and would make it harder to get farmers to run for the Legislature. So we feel this isn't a good idea for our state, and for the rural people of our state." Rep. Scott Louser, R-Minot, testified in favor, saying he has previously been against all proposals to change to annual sessions. He said this year's proposal prompts creative ideas and "outside-the-box" thinking. Further, he said, the length of the state's current single sessions comes with a certain level of tedium. "I want to be careful how I say this, but we all get mental fatigue in April. When the most important decisions are being made for North Dakota, we are tired," he said. "... I think there is a lot of benefit in doing (the change to annual sessions)." Among those who testified Friday was Jim Mehlhaff, the majority leader in the South Dakota Senate. He gave neutral testimony, providing an outline of the work that is done in that state's annual schedule.
