Wells Township Board Meeting Minutes 9, 2023
Jeff LaCanne called the meeting to order at 7:00 PM. Members present were Jeff LaCanne, Rich Cap, Colin Johnson, Brandon Miller and James Zahn.
Also present were Roger and Rosa Stoick.
December minutes were read by Jim Zahn. Colin Johnson moved to approve the minutes. Rich Cap seconded the motion and it passed.
Brandon Millier read the Treasurer’s report for December. Colin Johnson moved to accept the report and Rich Cap seconded the motion and it passed.
The bills for the month were reviewed. Colin Johnson moved to approve the bills for payment. Rich Cap seconded the Motion and it passed.
Issues from the Floor: None
Old Business:
The Stoick driveway request was discussed. The township attorney was still reviewing so action on it was postponed until we received his response.
New Business:
Paneling the walls of the town hall is set for this coming weekend the 14th.
The election judges for the March township election will be Colin Johnson, Rich Cap and James Zahn.
Jeff LaCanne moved to recess the meeting until 9:30 A.M. on January 12 to talk to our attorney, Colin Johnson seconded the motion and it passed.
January 12, 2023 the meeting was reconvened by Jeff LaCanne. Present were Jeff LaCanne, Rich Cap, Colin Johnson, James Zahn and Robert Ruppe by phone. Mr. Ruppe was still waiting on a response from the attorney who represented us in court when Mr. Stoick sued the township.
Colin Johnson moved to recess the meeting until 9:30 A.M. Thursday January 19, 2023. Rich Cap seconded the motion and it passed.
January 19, 2023 the meeting was reconvened by Jeff LaCanne. Present were Jeff LaCanne, Rich Cap, Colin Johnson, James Zahn and Robert Ruppe by phone.
The Stoick request for a second field driveway was discussed. Rich Cap moved that we pass resolution 2023-1 denying this access. Colin Johnson seconded the motion and it passed.
Jeff La Canne moved we adjourn. Rich Cap seconded the motion and it passed.
James Zahn
Clerk
Copy of Resolution 2023-1 is attached.
WELLS TOWNSHIP
RICE COUNTY
STATE OF MINNESOTA
RESOLUTION NO. _2023-1_____
RESOLUTION DENYING STOICK CREEK, LLC’S
APPLICATION FOR A SECOND DRIVEWAY
WHEREAS, Stoick Creek, LLC, “Stoick Creek” is the fee owner of a 72-acre parcel of property in Wells Township, PID No. 1033125002, the “Property”; and
WHEREAS, the Property is currently accessed by way of Cedar Lake Boulevard, running along the northern boundary of the Property; and
WHEREAS, Stoick Creek previously applied for a second driveway permit which was denied by the Town Board on February 8, 2021; and
WHEREAS, Stoick Creek has applied for a driveway permit for a second driveway to connect its non-residential Property to a residential plat dedicated road, Wells Lake Court, that does not benefit its Property and to which is has no legal right of access; and
WHEREAS, the road to which Stoick Creek seeks access is a plat-dedicated right of way known as Wells Lake Court, which was created by two plats – Brandy’s Bay Plat and Del’s View Plat; and
WHEREAS, Stoick Creek’s Property abuts, but does not lie within either plat; and
WHEREAS, the construction and maintenance of Wells Lake Court is borne in part through a statutorily created subordinate service district, the “SSD”, which consists of members of the afore-mentioned plats and specifically does not include Stoick Creek’s Property; and
WHEREAS, the Wells Township’s “Ordinance Regulating the Construction and Maintenance of Driveways/Culverts within the Township”, the “Driveway Ordinance” at Section 4A states: “That all persons seeking to construct a new driveway, new field approach or to convert an existing field approach to a driveway must apply for and obtain a driveway/culvert permit from the Town Board prior to commencing construction. Only one driveway access or field approach to the property shall be allowed without the permission of the Town Board”; and
WHEREAS, the Town Board has investigated Stoick Creek’s request for a second driveway to connect its Property to Wells Lake Court and weighed evidence regarding the same at its meetings on _____________________________; and
BE IT THEREFORE RESOLVED, based on the review of the application, the foregoing information referenced above and consideration of all applicable Township ordinances and policies, that the Town Board of Wells Township, Rice County, hereby now make the following findings of fact:
- The above recitals are incorporated herein by reference.
- The Township is the statutory road authority pursuant to Minn. Stat. § 164.02, subd. 1 which provides that the “town boards shall have jurisdiction over town roads”.
- The Township has a prescribed standard for second driveways that it applies as found in the Driveway Ordinance. The “Driveway Ordinance” at Section 4A states in pertinent part that “Only one driveway access or field approach to the property shall be allowed without the permission of the Town Board”. This Ordinance was adopted to provide better access management onto Township roads in order to reduce crashes and crash potentials, improve access to properties, provide appropriate drainage, and maintain travel efficiency. Since the adoption of the Driveway Ordinance, the Township has not granted any property owner a second driveway.
- Stoick Creek has not shown good cause for a second driveway as it already has sufficient access to its Property by way of Cedar Lake Boulevard, running along the northern boundary of the Property. Access to Wells Lake Court will not benefit Stoick Creek’s Property.
- The road to which Stoick Creek seeks access for its second driveway is a plat dedicated right of way known as Wells Lake Court that was created by two plats – Brandy’s Bay Plat and Del’s View Plat. Stoick Creek’s Property abuts but does not lie in either plat. Since Stoick Creek did not purchase a lot in the Brandy’s Bay Plat or the Del’s View Plat, Wells Lake Court, the plat dedicated right of way, does not inure to the benefit of the Property. Nor do plats confer upon the Property any right of access to the same. Therefore, Stoick Creek does not have a right of access to Wells Lake Court.
- Wells Lake Court is part of an SSD. An SSD is a statutory creation under Minnesota Statutes Chapter 365A, defined as “a defined area within the town which special services are provided.” The special services for the Wells Lake Court SSD include the construction and maintenance of the road right of way which are paid for through funds raised exclusively from properties within the district. Stoick Creek’s Property is not located within the district and has not joined the district. Stoick Creek’s application for a second driveway would be a burden on the Wells Lake Court SSD, to which it does not belong, and without joining would allow Stoick Creek a second access point to which it is not entitled on a road fully subsidized by other Township residents.
- A majority of Stoick Creek’s Property is equally accessible from its current driveway by way of Cedar Lake Boulevard as it would be from the proposed second driveway from Wells Lake Court.
- There is an incompatibility of use between a residential street supporting residential development of the plats within which the street was created and the addition of a field approach to another 72-acre property outside the plats.
- The requested second driveway, if granted, could cause liability, drainage and maintenance problems for the Township.
BE IT FURTHER RESOLVED that the Wells Township Board of Supervisors, after receiving and considering the above findings regarding the proposed application for a second driveway, does hereby DENY Stoick Creek’s application for a second driveway to its Property.
PASSED AND ADOPTED BY THE WELLS TOWNSHIP BOARD OF SUPERVISORS, RICE COUNTY, ON THE _____ DAY OF __________, 2023.
ATTEST: WELLS TOWNSHIP
_______________________________ ______________________________
Jim Zahn, Clerk Jeff LaCanne, Chairperson