02-02-1998 - Laserfiche WebLink

Commission Minutes-February 2, 1998 1772 7. RESOLUTION #1998-4, Condolence to familv of the late Warren Stofferahn MOTION, passed Mr. Koenig moved and Mrs. Quick seconded to adopt Resolution #1998-4 as follows: On roll call vote, motion carried unanimously. WHEREAS, the Board of Cass County Commissioners has learned of the death of Warren Stofferahn of Oakes, North Dakota; and WHEREAS, Warren Stofferahn served as Dickey County Commissioner since January 1, 1997. THEREFORE, BE IT RESOLVED, That the Board of Commissioners of Cass County, North Dakota, does hereby express its heartfelt condolences to the family of the late Warren Stofferahn. BE IT FURTHER RESOLVED, That this resolution be inscribed upon the permanent records of the proceedings of the Board of County Commissioners and a copy forwarded to his family. Dated at Fargo, North Dakota, this 2nd day of February, 1998. 8. ORDINANCE #1998-2, Flood Damaae Prevention Ordinance adopted This was the time and place advertised for second reading/adoption of a flood damage prevention ordinance. First reading of the ordinance was held January 5, 1998, and notice of the proposed ordinance was published in the county's official newspaper on January 12, 1998. Keith Berndt, County Engineer, said he has not received any comments of substance on the ordinance since the first reading. He requested an opinion from the State's Attorney about the county's authority to regulate flood plain development in view of township zoning statutes and the Cass County Home Rule Charter. Mr. Berndt recommends proceeding with adoption of the ordinance knowing the ordinance will not govern those townships who choose not to relinquish their zoning authority for purposes of regulating flood plain development. John Goff, State's Attorney, responded by letter dated January 22, 1998, indicating he based his opinion upon the statutes which give primary zoning authority to townships and the Home Rule Charter's express limitation to areas outside the zoning authority of organized townships. It is Mr. Goff's opinion that in order to exercise zoning authority in organized townships that have engaged in some zoning or land use regulation, the county must seek relinquishment of the township powers as far as flood plain management by resolution of the board of township supervisors in any affected township. Mrs. Schneider called for comments from the audience on the proposed ordinance. Hearing none, the board proceeded. MOTION, passed Mr. Wieland moved and Mr. Koenig seconded to adopt Ordinance #1998- 2, Flood Damage Prevention Ordinance, with the second reading effective today; and to have the State's Attorney publish this ordinance with all other county ordinances into a handbook for Cass County law