HomeMy WebLinkAbout2024-128 (Third Amendment to Resolution and Order to Raze and Remove the Hazardous Structures Located at 1309 3rd Street south)City of Stillwater
Washington County, Minnesota
RESOLUTION 2024-128
THIRD 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 concrete slab base may impact the
structural integrity of the retaining wall upon which the garage sits; 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 No. 2023-
172 ("Amended Order") extending the compliance deadline to July 1, 2024, to repair,
replace or raze and remove the concrete slab and the portion of the retaining wall located
on the Property; and
WHEREAS, on or about December 20, 2023, the Owner razed and removed the
garage structure, but the garage's concrete slab and retaining wall remained on the
Property; 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 in Washington County District Court file number
82-CV-24-3262; and
WHEREAS, on July 16, 2024, the City Council passed Resolution No. 2024-090
("Second Amendment") extending the Amended Order's compliance deadline to October
31, 2024, for the Owner and Adjacent Property owner to mutually agree to the property
line and ownership of the retaining wall or allow time for the District Court action to
conclude; and
WHEREAS, the Owner and Adjacent Property owner have engaged in mediation
in an attempt to resolve the ownership dispute, but failed to reach an agreement; and
1
WHEREAS, the City believes a reasonable extension of the Second Amendment's
compliance deadline is appropriate to allow the District Court time 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 Second Amendment, Resolution No. 2024-090, is hereby amended as follows:
Sections 1 and 2 of the Order are hereby removed in their entirety and replaced as
follows:
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 April 30, 2025.
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 April 30,
2025.
Except as provided for above, the terms and provisions of the Order, Amended Order,
and Second Amendment shall remain in full force and effect.
No party filed an Answer within twenty (20) days of service of Resolution No. 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 6th day of November, 2024.
ATTEST.
Beth Wolf, City CIbA
CITY OF STILLWATER
Ted Kozlowski, Mayor
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