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10.3. SR 04-03-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 10.3 Agenda Section Meeting Date Prepared by Work Session Aril 3, 2017 Cal Portner, City Administrator Item Description Reviewed by Building Permit Process ohn Cunningham, Fire Chief Reviewed by Bob Ruprecht,Building Official Action Requested Receive information and provide staff direction. Background/Discussion Jim Snetzinger addressed his concerns at Open Forum at the March 20, 2017,regular council meeting about the building permit process and the failure of the city to require a building permit for David Scott Larson. Mr. Larson allegedly performed work on a house on Simonet Drive in Elk River. Mr. Snetzinger submitted Chapter 7 Bankruptcy Documents, City of Elk River building permit file information, and a Mechanic's Lien indicating permits were not issued and that the work was completed. Mr. Snetzinger asked specifically why the city has not followed its ordinance for building permit issuance. Mr. Snetzinger was informed the council was to discuss this topic this evening. Financial Impact N/A Attachments ■ Snetsinger Open Forum Documents POWERED 6T Template Updoted 4/14 INAMIRE1 B9A (Official Form 9A) (Chanter 7 Individual or Joint Debtor No Asset Case) (17/121 Case Number 15-43009 - RrK UNTIED STATES BANKRUPTCY COURT District of Minnesota Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors & Deadlines A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on 8/27/15. You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address fisted below. NOTE: The staff of the bankruptcy clerk's office cannot Qive legal advice. Creditors — Do not file this notice in connection with any proof of claim you submit to the court See Reverse Side For Important Exiplanations Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, trade, and address): David Scott Larson 18629 Simonet Drive NW Elk River, MN 55330 Case Number. 15-43009 - RIK Social Security / Individual Taxpayer ID / Employer Tax ID / Other nos: Attorney for Debtor(s) (name and address): Bankruptcy Trustee (name and address): Brian R. Aho J. Richard Sterrner Hess & Jendro law Office PA Stermer & Sellner, Chid. 11070 183rd Circle NW 102 Parkway Drive Ste A PO Box 514 Elk River, MN 55330 Montevideo, MN 56265 Tele hone number. 763-241-4855 Telephone number. 320-269-6491 Meeting of Creditors Date: October 7, 2015 Time: 10:30 AM Location: Steams County HistorT Museum, 235 S 33rd Ave, St Cloud, AIN 56301 Presumption of Abuse under 11 U.S.C. § 707(b) (See "Presumption of Abuse"on reverse side.) The presumption of abuse does not arise. Deadlines: Papers must be received by the bankruptcy clerk's office by the following deadlines: Deadline to Object to Debtor's Discharge or to Challenge Dischargeability of Certain Debts: 1217/15 Certificate of Completion of Financial Management Course due: 12/7/15 Credit Counseling and Debtor Education Information can be found at hp://xvww.usdoj.go%,/ustleo/bapcpdccdeJindex.htm Deadline to Object to Exemptions: Thirty 30 days after the conclusion of the meeting of creditors. Creditors May Not Take Certain Actions: In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtors property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available for a fee through Pacer (http://pacer.pse.uscourts.gov) or at the Clerk's Office, 301 United States Courthouse, 300 South 4th Street, Minneapolis, MN 55415. Please Do Not File a Proof of Claim Unless You Receive a Notice To Do So. Creditor with a Foreign Address: A creditor to whom this notice is sent at a foreign address should read the information under "Do Not File a Proof of Claim at This Time" on the reverse side. Bankruptcy Clerk's Office ( Monday - Friday: 8.00run - 5:00pin For the Court: 301 U.S. Courthouse 300 South Fourth Street Clerk of the Bankruptcy Court: Minneapolis, MN 55415 Lori Vosejpka Date: 8/28/15 Telephone number. (612)-664-5200 Web address: www.rnnb.uscouns.eov 011347 74104011358015 Case 15-43009 Doc 22 Flied 02114§15 Eenitem d OV2.,i 95113 514:31e34 Dew Mom Docure-mdt Page 1 of 3 UNMED gTATM IBa4 MMIW(CY COURT Case No. 15-43009 J���bzl a,• IOf:S.11.1 "1'a`i : Idl> I X11 i1.116 F ��� ..911' 1 1"'291Yi°'.I't Si STATE OF MINNESOTA ) ) SS COUNTY OF SBEi2Bl1RNE ) I state that the following information is true and corned to the best of my knowledge. 1. I am the debtor in this proceeding and I provide the following in support of my response to the motion of the panel trustee objecting to my claim of exempt property. 2. Rom, November 2009 to April 2013 1 lived at 480 Chcatlumi Law, Goodsprin.g.- 3. Prior to purchasing my house at 480 Cheatham Lane, I had been injured on the job on or around April 18, 2002. 1 received a workers compensation settlement in the amount of $150,000 in August 2009. These finds were intended to compensate me for personal bodily injury - primarily anticipated fume medical expenses. 4. I had used $63,500 of these fiends for the purchase of my house at 480 Cheatham Lane. I purchased the house for $63,500 so I did not need a loan. 5. 1 sold the house at 480 Cheatham Lane in November 2014 for $ 73,500. Out of that came closing cow and realtor fees. My net recover was approximately $65,620. I used some of these proceeds to scale my divorce action by paying my ex-wife $17,000- 6. I moved with my two school -aged daughters (now ages 15 and 13) to Minnesota from the 480 Cheatham Lane property in April 2013. We moved into my sister's house, where we have lived continuously since April 2013. Wanting a more comfortable and pleasant place for us to live, I used approximately of the proceeds of the sale of my Cheatham Lane house to make the following improvements and additions to my sister's Case 15-43009 Doc 22 Filed 01/14/16 Entered 01/14/1614:31:34 Desc Main Document Page 2 of 3 MR1 R . { j a IU91 " p R' • [.r � , Ufil tti d IiIIOL}: t' � i0''F i�nr (';i�q1 11 , ! ( D .. i. U�IDilll yhC S sMll l vWZllRil ! = 2. ff be -Have that I received vd= for the impmvemem2s for vich I paid because the fifipwmenft am for the comfort and enjoymed of made dm&a and me while we he uA my sister_ W sister's ham neWW theso' e� .,� anis bemuse my daubers were in a TO X ITT bedmom in bhmkheds. The Hichm wzs just a bar sink with small I� stove a� apsatmea2 size te$igeramr TharewmcnaccbmastaspankaL I ivorwnrd a wick fneplace and took a shorage -room and b made them foto two bedrounts — one for each of my teen W . d weed @ %wg up to I5'r erldg between the living room and ' tv it a m= sym fiatwg gmd to allow flog &a kitchen remodel. I installed a ftZ 7v � with plenty of cabinet =R coudeatop space and provided a full-size stove, re&wraftra dishwasher and microwave ova. I msWW Ie flooring throughout mm=b zff oaT ➢sem$ sp=@ and ceramn, gow ng in the kitchen and baduoonm I installed sun wanca haaxr which Mowed me to remove the fes. This also redwed the utility expense. I performed mucic of the labor myself My sister is allowing my daughter and me to live in her house fm a very low mamtbfy rat and utility expense ® SM rm and MG udliam I could not purchase or rat comparable living arrangements for this amount. This house is now exhemely con&r4+ %safe and enjoyable for my daugihws and me. B. Sonne of the improvements are removable fiom the hone. The cabinets, towrope, %*Ban = and similar things can be removed and sold. I listed on my schedules B and C vAW I believe to be the value ofthe b4wOveaOM tint can be removed and sold. 9. I did not purchase the supplies and materials used to improve my sister's house with the intent to hinder, delay or defiaud any enft to which I was or became indebted. 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No. 826368 Certified, filed, and or recorded on September 12, 2016 12:00 PM Michelle Ashe, County Recorder By SD Deputy Fees: $46.00 826968 BE IT KNOWN that the undersigned lien claimant, David S Larson located at 18629 Simonet ur, in Elk River located in the County of Sherburne in the State of Minnesota with the zip,go'de of 55330, hereby files a claim for a Mechanic's Lien against Joesph*& Cynthia &A-indelaWs9lbbated at 18629 Simonet Dr, in Elk River located in the County of Sherburne in the State of Minnesota in the zip code 55330, and hereinafter referred to as the "Owner," and Unknown located at, in located in the County of in the State of and the zip code of and any other persons, lenders, creditors or entities that have or may have a claim or interest in the below described real estate, and in support thereof states as follows: 'E ��erlDSNav2t��bX 1ta�DvKt� BE IT KNOWN that on 02/06/2015, the aforementioned Owner, did own the following described real estate property located in the County of Sherburne, in the State of Minnesota to wit: The property being located at 18629 Simonet Dr, in the City of Elk River, Minnesota 55330, and together with any improvements and other buildings, if any, is hereinafter referred to as the "Premises," with said real estate having the permanent index identification number of and the legal property description as follows: "IT' 44-bl70 4oT 5FVENTEttE! 617/ 70 13 ��;T ntu LAKr1 ©RCuls tSt� BaRw� C�v+srt1 r►�•�tiNrSo ii+ On 02/06/2015, the Lien Claimant entered into an oral contract with the aforementioned Owner to complete remodel of basement on said Premises for the original total sum of $70,000.00, which became due and payable upon completion of the build and/or project services. The Lien Claimant satisfactorily completed and fulfilled its obligation to complete remodel of basement on the aforementioned Premises on 06/10/2016, and the Owner having inspected and approved of the work completed. To date the Lien Claimant has received a down payment toward the project build in the amount of $0.00, thus leaving a balance due of $70.000.00. Lien Claimant, in good faith, provided the agreed upon labor and materials needed to complete remodel of basement at the request of the Owner of the Premises. A final invoice was provided to the Owner itemizing cost of materials and labor with a request for final payment. Furthermore, 1 months have elapsed since the Owner was provided with the final balance due. The Lien Claimant hereby states and affirms that there is a total outstanding balance of $70,000.00 in which the aforementioned party has neglected and, after repeated collection attempts, refuses to submit payment. It is due to the Owner's breach of contract that the Claimant is -entitled to have imposed a lien on the aforementioned and herein described property, along with any and all improvements located on the premises for the total outstanding sum owed, in addition tb any interest and collection costs allowable by law pursuant to the State of Minnesota Statutes. David S Larson / 18629 Simonet Dr Elk River Minnesota 55330 (Signature) i -)z -1(,C:, (Date) NOTARY ACKNOWLEDGMENT STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The Affiant, David S Larson, being duly sworn, on oath deposes and says that S/he is the Lien Claimant and that s/he has read the foregoing claim for the lien and knows the contents thereof, and that all statements therein contained are true and correct to the best of his/her belief and knowledge. Subscribed and sworn to before me on 7/12,1/ "s., CONSTANCE QUIRAM NOTARY PUBLIC MINNESOTA My Gonynission E)Vims Jan. 31.20W (Notary Signature) Co c - e(. /� ocayn (Notary Printed Name) My commission expires on: d3) / 2O "2. o `w-kfFTiab -}: David S Larson 18629 Simonet Dr Elk River Minnesota 55330 (Signature) (Date) �-1z-1lp