A Becker Twp. man is involved in a sticky home construction dilemma and it appears it might not be settled very quickly.
He left the BeckerTwp. meeting Monday hot under the collar because until legal process is spent, there won’t be a resolution of the situation.
Mark Opatz secured a building permit for a new home at 16970 River View Circle May 12 and began construction.
It was later discovered the foundation of the home was built three feet into an adjacent flood plain - and that stopped the work.
Opatz turned out for the township’s meeting last month to discuss the issue and was back Monday - rather heated.
He had asked for a variance from the flood plain at the last meeting, but at the recommendation of six officials, the township said “no.”
“This (siting of the home) was a mistake made by Becker Twp.,” he charged. “Nobody will answer to it.
“I’m not asking for punitive damages. I hope it can be resolved. There must be accountability to fix this mistake.”
Opatz has estimated damages to rebuild the property would be about $30,000.
Kelly Bourgeois, attorney for the township, reported it wouldn’t be the township’s response. Opatz would have to bring charges and the township would then send it on to their legal counsel with the Minnesota Association of Counties.
“We cannot use taxpayer dollars to satisfy this issue,” she said. “The township has a legal responsibility to not pay out the claim.”
That said, she advised the board to deny the claim.
That, the board did, by a 4-0 margin, with Chairman Brian Kolbinger and Supervisors Brad Wilkening, Gary Hammer and Joe Danielson casting the votes. Supervisor Jamie Johnson was absent.
Opatz was not impressed. He left in a huff and the front door to the town hall may have been stressed on its hinges.
Olson Memorial
The board made good on a promise made back in 2006 when it decided to erect a tribute to Supervisor Lester Olson, 44-year supervisor.
The memorial plaque will be made to Lester Olson and Family - Snake River Crossing, at its bridge in the township this summer.
It will be done in the same format as a memorial sign to former County Engineer Russ Machinsky, sited on Co. Rd. 5 north of Big Lake.
Olson passed away in November, 2012.
Road Reports
Twp. Surveyor Jon Bogart met with the board and reviewed current road project.
The 185th Avenue project will consist of reconstruction of 3.31 miles of roadway - in several segments over several years. The first segment, to be done as soon as an approval is gained from the Army Corps of Engineers, will have gravel til spring. Bids will be opened this fall.
One other issue is complicating the project, Clerk Lucinda Messman reported. That is there is a nest of longeared bats along the way - and they aren’t to be disturbed.
The 137-Hwy. 10 intersection is gaining final MnDOT approval and will be set for the future.
The 175-77 project is completed, as roadways have been overlaid.
Bogart and the board discussed for a near-half hour a revised policy relating to brush trimming in township ditches.
The issue came about in a request by Joel Muelberg, 113th Street resident, who requested some trees in the ditch area by his house be retained, and it would save the township funds.
Nine homes dot that stretch of roadway, but only Muelberg’s is affected by such trees.
Township action, suggested by Bogart, would be to modify their standard to clearing all trees 10 feet from the edge of the driving surface, also taking into consideration the slope of the ditch.
In Other Action
In other action Monday, the board:
• Heard the monthly report from Officer Dan Franks of the county sheriff’s department. They had 154 calls to the township, with 57 traffic infractions. Focus was on Hwy. 10 traffic;
• Appointed James Mecklenburg to the town planning commission, to take the seat of Mark Rask, who resigned to take the position of Phil Knutson on the Joint Planning Board. Knutson resigned his seat effective June 28.
