HomeMy WebLinkAbout2024-090 (Second Amendment to Resolution & Order to Raze & Remove the Hazardous Structures Located at 1309 3rd St S)City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-090
SECOND AMENDMENT TO RESOLUTION AND ORDER TO RAZE AND REMOVE THE
HAZARDOUS STRUCTURES LOCATED AT 1309 3RD STREET SOUTH
WHEREAS, on October 17, 2023, the Stillwater City Council approved Resolution No.
2023-149 ("Order") ordering that the detached garage and retaining wall located at 1309 3rd
Street South in the City of Stillwater, Minnesota ("Property"), be razed and removed by
December 31, 2023; and
WHEREAS, Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, owners of the
Property ("Owner"), engaged a contractor to raze and remove the garage who expressed
concern that the removal of the garage's concreate slab base may impact the structural
integrity of the retaining wall upon which the garage set; and
WHEREAS, according to a survey of the Property, the retaining wall is located on both
the Property and an adjacent property at 1314 2"d Street South in the City of Stillwater,
Minnesota ("Adjacent Property"), therefore requiring the cooperation and mutual consent of
the Adjacent Property owner in order to correct the hazardous condition; and
WHEREAS, on December 19, 2023, the City Council passed Resolution 2023-172
("Amended Order") extending the compliance deadline to repair, replace or raze and remove
the concrete slab and the portion of the retaining wall located on the Property until July 1,
2024; and
WHEREAS, on or about December 20, 2023, the Owner razed and removed the
garage structure; and
WHEREAS, the garage slab and retaining wall remained and were not in compliance
by the July 1, 2024 deadline; and
WHEREAS, the Adjacent Property owner now legally disputes having any ownership
interest in the retaining wall and filed a District Court action to determine ownership of the
retaining wall structure, pursuant to Washington County District Court file number 82-CV-24-
3262; and
WHEREAS, the City agrees to a reasonable extension of the Amended Order for the
Owner and Adjacent Property owner to mutually agree to the property line and ownership of
the retaining wall or time to allow the District Court to determine ownership of the retaining
wall and establish responsibility for the retaining wall's repair, replacement or removal.
NOW, THEREFORE, BE IT RESOLVED BY THE STILLWATER CITY COUNCIL:
The Amended Order, Resolution 2023-172, is hereby amended as follows: Sections 1
and 2 of the Order are hereby removed in their entirety and replaced as follows:
1. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property at
1309 3rd Street South, Stillwater, Minnesota, must raze and remove the garage slab,
and all related materials, by October 31, 2024.
2. Richard A. Ames, Robert M. Ames, and Cheryl E. Ames, Owners of the Property at
1309 3rd Street South, Stillwater, Minnesota, must repair, replace or raze and remove,
as determined by the City's Building Official, the portion of the retaining wall located
on the Property, returning the Property to a safe condition by October 31, 2024.
Except as provided for above, the terms and provisions of the Order and Amended Order
shall remain in full force and effect.
No party filed an Answer within twenty (20) days of service of Resolution 2023-149, therefore,
a motion for summary enforcement of this Order will be made to the District Court of
Washington County if there is no compliance with the Order, Amended Order or Second
Amendment and the City will be authorized to enter the property and immediately raze or
remove the garage slab and the retaining wall located on the Property. All costs associated
with the action and of razing and remove the garage slab and retaining wall may be a lien
against the Property, which may be levied and collected as a special assessment.
Adopted by the Stillwater City Council this 16th day of July, 2024.
ATTEST:
JerTj Schmid, DeputyCity Clerk
CITY OF STP4WATER
Ted Kozlowski, Mayor
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