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2010-2852-Minutes for Meeting August 18,2010 Recorded 9/10/2010DESCHUTES NANCY 2010.2852 CLERKDS CJ COMMISSIONERS' JOURNAL 09/10/2010 08;01;03 AM 1111111111111111111111111111111111 2010-28'32 Do not remove this page from original document. Deschutes County Clerk Certificate Page . E-- 2 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, AUGUST 18, 2010 Present were Commissioners Dennis R. Luke and Alan Unger; Commissioner Tammy Baney was out of the office. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Kevin Harrison, Community Development; David Inbody, Assistant to the Administrator; Mike Berry, Surveyor; media representative Hillary Borrud of The Bulletin; and approximately twenty-five other citizens. Chair Luke opened the meeting at 1:3 Op.m. 1. Lechner Estates Subdivision (Dustan Road) Lot Line Problems - Next Steps. Dave Kanner gave an overview of the issue, where the deed boundaries do not match the historic lines of occupation, creating problems transferring title. He emphasized this is a problem created many years ago before land use was developed and not a County problem, but the County wants to help the property owners resolve the situation. The County agreed to change Code to allow for the lot line adjustments, and also to provide a new aerial survey of the area. Mike Berry, County Surveyor, said that the tax lot lines on the map are accurate to within about five feet. Dave Inbody explained that he has been the main contact in trying to work through this process. He met with the citizens met last fall, and previously department personnel to try to find a solution. A nine-step process was developed, and the first few steps have been initiated. If lots are smaller than ten acres, according to Code they were not allowed to be adjusted more than 10%, so the law had to be changed to allow this. Kevin Harrison handled this process. Kevin Harrison said that the Code amendment removed this barrier to making this change. This process is complete, so lot line adjustments can be made there now regardless of the size of the lots. Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 1 of 7 Pages Mr. Inbody said the second step was a lot of record verification for the properties. Mr. Harrison stated that a lot of record is on property that was created under the laws at the time, but no permits can be issued unless it is a legal lot of record. There are 41 properties involved. He has identified all but 17 as legal lots of record. Those remaining 17 will have to make application and clear up the deed record. It is not a platted subdivision, so there is no historical record. They need to know when and how it was created and what laws were in place at the time. The Assessor will provide a tax lot card as a starting point. Everett Turner said it is hard to realize how far back this occurred, prior to land use laws. In 1971 land use laws started and subdivisions were required to go through a subdivision process. They are legal lots of record today because they were created before land use laws. There was no requirement to record until 1971, so there are many contracts out there that were never recorded. If this process has not been done, the current owner has to do it. In addition, before 1973 there may not be building permits recorded as all that was required was an electrical permit from the State. Now the banks would require it to finance loans, and a building permit may require verification whether there is a lot of record. Mr. Harrison said some properties show no history. This is a research problem because they are not in the system. It is not so much when it was purchased as much as what happened when it was first sold. Commissioner Luke stated that the Assessor would have more information if the property was never developed. Mr. Harrison said that a lot of record verification needs a copy of the tax lot card, which would show any deeds of contract, which the Clerk could help locate. The questions are, when was it created, how to find the right deed and contract, and whether the description matches what is there today. Mr. Inbody said the second step is the lot of record verification. The third step is a survey, including an aerial photograph. Mr. Berry worked with the contractor who put an aerial photograph together. (He referred to an oversized aerial photo.) Survey points were determined, and the information from the aerial was transferred to a map. Many of the features were surveyed, but this would not include underground utilities or septic drain fields. Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 2 of 7 Pages The problem began when a timber cruiser, who was not a licensed surveyor and was hired by the property owner, assumed the road was in a different location than it actually was. Some areas are off by as much as fifty feet. Ultimately, the stakes and descriptions did not match, and the subdivision was not recorded. Commissioner Luke stated that today a map and other information would have to be recorded, and the information verified. It is thought that the same person mapped other places in the area that have the same problem. Mr. Berry noted that the aerial mapping included other areas that are thought to be affected in this manner. Kevin Harrison referred to a copy of an Assessor's card and explained what the columns and numbers mean. Mr. Inbody stated that the next step is to go through a survey process, either individually or as a group. The adjustment can then occur, which means each lot would need to make a shift so that the actual use - the lines of occupation - can be shown. Mr. Berry stated that all property owners would have to be involved in the survey because deeds would have to be written on all, with a new description for each. He may be able to verify other surveys recently done by several property owners. Mr. Inbody explained that without all 41 properties participating, it would be hard to make an adjustment. The County had property to kick in if needed for adjustments. Residents Ken Mullenex and others have been notifying people at their own cost because they want to see this issue resolved. He feels that the County is responsible for some of this. It has been this way for a long time and for the most part, it was ignored by the County and others. He feels the County has now stepped forward to finally help resolve the problem. It is not unique to this county. Some things need to be mitigated. He feels that the owners will have to help with the cost, or it will be a problem for years to come. He appreciates the County's involvement, and added that there are other things that need to be discussed as well. There are some with lots of record but others do not have this in place. Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 3 of 7 Pages Mr. Mullenex said the issue is the historical boundaries. There are fences and structures everywhere. It should not be that hard to do but everyone has to agree to participate to make these boundary shifts. Dave Bancroft asked about the value of the aerial survey that was done. Mr. Berry said that a surveyor doing this work would not have to find every corner or pin because of the recent aerial survey. They do not want to have every single property surveyed separately, especially if there was more than one surveyor involved. One company or survey crew would be best. Someone said that a friend surveyed three parcels for someone, and wondered if that would be helpful. Mr. Berry stated that it just shows what the deeds are now and not the historic areas of occupation. Some parcels have never been surveyed. The historic boundaries and uses need to be determined and deeds written to match. The question was raised as to how much it will cost to get the property surveyed. Everett Turner said that more research regarding the aerial survey needs to be done, using someone who can do a proper survey matching up the aerial with the on the ground historic use. Most of the original pins are there. Mr. Berry said they will have to survey the property within a fraction of an inch so the measurements will be correct. There will be questions of whether a fence is where it should be and so on. It has to be approached cautiously so no errors are made. He added that most of the property does not work well with GPS points due to the terrain and vegetation. Mr. Bancroft asked if the County might be able to help facilitate a contract that could save some money. It is thought that if the County could help facilitate and oversee the process, it would be better than residents who know little about this to try to handle it on their own. Vicki Jackson, real estate agent, said that the person who sold the lots damaged the people there and she wondered if there are any assets remaining that might be seized and distributed. Mr. Berry said the County had no judicial power to force this issue. The Lechners were interviewed almost twenty years ago, and there were other parties involved in the sale of the properties. Most are likely long gone. Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 4 of 7 Pages In 1963, Pearl Lechner was aware that the deeds did not match the lines. The property owners and others have also been aware of the problem for many years. The Lechners might have been under the impression that the deeds were correct at the time the properties were sold. Ken Mullenex said that the County may work with the property owners to mitigate the cost of the lot of record verification. Commissioner Luke stated that they need to get all the people willing to work on the issue on board as a group, or it will be a waste of time. He said that Mr. Mullenex and others have spent a lot of their own money and time trying to notify everyone and get them involved. It might be possible to get a local improvement district formed to bond the expense, through which the bond could be paid off at the time of sale. Mr. Kanner said that an LID typically is formed to handle a capital improvement project for public benefit, and he is not sure it will work in this case. Mr. Bancroft said that most people are willing to help but they want to know the potential cost. They have looked at a way to form an entity to cover everyone, including an LLC and a neighborhood association. Commissioner Luke suggested that if a limited power of attorney could work. Mr. Bancroft said they all signed a form that they would be willing to find a way to do it, but many are hesitant to give up a property right even short-term. There are new people now that do not even want to talk about it. There are so many that have no funds for this and they cannot even consider it if there is a cost involved. Commissioner Luke said that a legislative session is coming up and perhaps a limited duration bill can be introduced to address this specifically. A local improvement district becomes a lien on the property and is due when the property is sold. Perhaps Representative Whisnant and Senator Telfer can carry such a bill. A LID would make the work much easier to fund. Mr. Bancroft stated that the County needs to be involved and give its blessing. Most of the attendees adjourned to another meeting room to address specific questions with the County Surveyor and others. Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 5 of 7 Pages 2. La Pine Plans for Water & Sewer District Consolidation. Rick Allen, Interim City Manager, La Pine, said that to operate as a city, certain things should be in place. They are working on setting a charter on how the City runs. He hopes that the districts will be dissolved and incorporated in the City. (He referred to the ballot measure in that regard.) It has been challenging because certain entities and individuals do not want to relinquish control. There is an IGA with the districts regarding providing services. The Boards do not want to talk about dissolving until the contracts are expired. Both Boards have been requested to participate. There are several ways to handle this, including action from the County, withdrawal, or annexation. All districts are within the City, so withdrawal is the preferred method. However, the Boards do not want to talk about it. Mr. Kanner said that it is not that simple. There need to be certain conditions in place, and there has to be certain precursor documentation. Mr. Allen noted that things will work the same way. They just all need to be on the same plate. Commissioner Luke said he thought it was made very clear when the ballot went out. Commissioner Unger said he would vote for it today to just change out the wording. Mr. Kanner will draft a letter to the City Council and Boards of the districts in this regard. In regard to the BLM land swap, Mr. Allen said this trade is needed to expand the sewer system. The La Pine Citizens Action Group, which is outside the City, thinks the sewer district is putting nitrates into the groundwater since they feel it is not due to septic systems. Mr. Kanner stated that a bill was introduced last year regarding the BLM land, but it went into committee and he is not sure where it ended up. Legislation started with the rodeo grounds property, then the sewer district and the library, and others got involved. Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 6 of 7 Pages Commissioner Luke noted that the BLM raised questions about the elk migration corridors. No one appeared to oppose it, but it appears to be stuck somewhere. Mr. Allen stated that he has met with staff of the delegation and they have no answers to this situation. Mr. Kanner said that there were questions about how the cost of the land transfer would be handled. The BLM wants the County to do it, but it needs to be the entities that want it and will benefit from it. He does not know what the costs might be and asked for the BLM to provide that information. Since there are taxing districts involved now, the County does not have to be the one to handle it. 3. Update of Commissioners' Meetings and Schedules. None were discussed. 4. Other Items. None were offered. DATED this Day of 2010 for the Deschutes County Board of Commissioners. Dennis R. Luke, Chair Alan Unger, Vice Chair ATTEST: - &S,, - Tammy Baney, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, August 18, 2010 Page 7 of 7 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, AUGUST 18, 2010 Lechner Estates Subdivision Lot Line Problems - Next Steps - Dave Kanner, Dave Inbody 2. La Pine Plans for Water & Sewer District Consolidation - Rick Allen, Interim City Manger, La Pine 3. Update of Commissioners' Meetings and Schedules 4. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. 6 0 co V 4) ~(1 J 1 00 Q o ` ~ (all c Cal ~ CVl ~q 0 o -N tx a '7NIN L z I , N N cc C.L 04 V a E cr ? r_ S' z- ti) - S' ~'r? ~ v <.J 4 CIO u c 4 ca 9 v a 9 0 O N N b0 :3 4 19 V s r /1 ~ ry b C~ ql CL ~ ~ h J J 4 \ l 041 c am. L Q v ~ `V ~ . 01 ~ 4 t 0 . 4- 4 s b it ~ c C. l \ Proposed Lot Line Resolution for Dustan Road Area 1. Deschutes County Code Change - Submit a text amendment changing the Deschutes County Code to allow for the reduction of substandard parcels by more than 10%. Completed April 10, 2010 2. Lot of Record Verification - Request verification that each parcel is a legal lot. 26 of 41 properties have completed this step 3. Survey Property -Hire a private surveyor to conduct a survey and write new deed descriptions and easements. Initial step taken with completion of updated aerial photo 4. Lot Line Adjustment Application - Based on the completed survey, submit application identifying all lot line adjustments. This can be achieved as a "before and after" description of lots in one application. 5. Survey Review - Submit the completed survey to the County Surveyor for review. 6. Preliminary Title Report -Request a preliminary title report for each lot. 7. Check with Lender -Confirm with mortgage lender what is required to change the property description on mortgage. 8. Transfer to Entity - All deeds are turned over using one of the following methods: a. Title Company -Hire a title company to act as transfer entity by holding property in escrow. b. New Entity - Establish a separate entity to which properties will be deeded and properties with adjusted lot lines will be returned (possibly an LLC) c. County -transfer property to Deschutes County that will act as the transfer entity d. Court Settlement -All property owners enter into a suit to quiet title that results in a settlement with lot lines redrawn. e. Recordable Deed - All property owners enter into a recordable deed that is a boundary line adjustment agreement in which all parties will be grantors and grantees. 9. Transfer to Property Owners - All parcels identified with corrected lot lines are transferred back to property owners through one of the five methods identified in step #8. 2 10 C 000 - 2 TWP. A. RGE. E: SEC. 1/4 7/16 TYp $PED. TAX LOT INT. IN C13DE 'MAP NUMBER NUMBER pE~ pROP. AREA ACCOUNT NUMBER NUMBER i }LOT NO. BLOCK NO. INDENT EACH NEW ADDITIONAL DESCRIPTIONAND FORMERLY COURSES POINT RECORD OF CHANGE OF T. L. 4 4 F 4 Less T.L. 3001 1.25 ac CODE CHANGE I i E OFFICIAL RECORD,OF: DE5CRi REAL. PROPERTY DESCHUTES COUNTY ASSESSDR!8 I 4 22 10 CTION TOWNSHIP RANGE E. DDITION PART CITY DATE OF ENTRY DEED RECORD ACRES VD. ON THIS CARD VOL. PG. REMAINING 11.9 556 2.50 R.C. 11/14/72 11 W.D. 2- 7-7,4 202 340 W.D. 2- 7-74202 34 W.D. 4-22-74 204 96 1-,25 W.D. 11- _!i~-81 348 ' 2 .Recordi g Da e Order NO. 90-044 3-29-90 i 7 k s t ,j yi ) i~ 4 t ;t 33 '•l f j + i 4 I1 i+ k f A s ) Measure , Proposed City, of La Pine The city will Initially be governed by a five -inember City Council, of local residents, elected by the residents of the new city. An election for these new coundlors also.a city y f ppears on this ballot. The ci will r x derive its authority from, and be governed by, Oregon constitutional. WIN and statutory law. If City voters adopt a home-rule charter the charter Fa, will specify the form of city government and other matters co . nceming the operation. of the city. a ] ,31t, e 1~ r n o -c , . r E This measure. authorizes a pemlanent tax rate limitation of $1.98 per n r _ r = s" $1,000 dollars of assessed value on real property located within the city, for the purpose of funding city operations. This permanent tax rate was developed and recommended in the findings of an Economic 6?+ , E ,•ss Feasibil'riY Statement. The new A, ~ - ~ r, city council will determine how much of „~L t ~,~ll1i 5 any D:3- i 3 E f? I~r+, ppc the authorized permanent rate to levy, which cannot exceed the per- e~ r~ ; n+r~ _ ~r t~ manent tax rate limitation unless the voters grant further approval. r- ~ o 6 r , - r, sc, ]Uenti+_ ?c n ; rule (this inrwmatlon furriMed by Katherine Shiefds.) 12!1"; Ta \ CS Ci p `D IPti ,:_.C G ry - ~_I~ or, 'o~ , , u r rt 2DO, .D}3 r r t : ~i1C>V r f (.itlCl CI t1 "c rl' ,s,t _I i{ei 2 -fr'• i~iib _ r4 Fr ~1 h a ! . r~ t F A .i , iF, fi[V ,d~r7 I LJ , Sri_ ,LGL <L_~ 1~i~i Iltid~i!I C-ly+ CU 1 l~ r FaN ~lhU ~ 1 ~ r_~ I 1' C < rl tii f f i, ,N + r3~ tC? r..cC cr)-V p 2 c 4 , lu r 'lq ~ r rv,_l a! + 4 )!Lr ~g of a i:_ r . d ate a Explanatory Statement This measure would form a new city within Deschutes County for the unincorporated community in La Pine. The measure was proposed through a petition signed by residents of the La Pine area. The Pau tion was considered and public input gathered at a public hearing held on August 7; 2006 by the Deschutes County Board of County Commissioners ("Board"). In Orders 2006-128 and 2006-129, the Board ordered this election according to state law governing the formation of new cities. Formation of a city will create a local government with authority to make decisions on development and other local issues, subject to state, regional and federal laws and regulations. The city will have the-tight to take official positions and participate in many regional decisions. The new co will have a population of approximately 2,000 residents at the time of incorporation. It will cover about 7 square miles. The new city council will decide which services the city will provide itself, contract with other government entities or private enterprise to provide, or continue to receive from special service districts. At least initially, existing special districts will continue to provide services and levy taxes or fees. These include sheriff's patrol, sewer, water, and fire with the County providing maintenance for 20 of the 30 miles of roads within the proposed boundaries. The city council is expected to dissolve the existing, La Pine sewer and water districts, located almost entirely within the proposed city boundary, and provide those services. The council may choose to withdraw from any of the other districts and have the new city provide the services. The county may continue to issue building permits unless the city council takes on that service. M , ww~ Proposed 13oundary of the City of a pi t* D:7EA," v ; 2CC?, dt Reproduces Poorly P a r ~ t ~h4. 9-7 1 Measures La Pine In d ustria L Group, Inc. Developers of the La Pine Industrial Pork r.u. t30x 1440 La Pine, OR 97739 Ph/Fax 541/536-9042 August 17, 2010 Mr. Rick Allen Interim City Manager City of La Pine P.O. Box 3055 La Pine, OR 97739 Dear Mr. Allen: la pi neigo uci. net We understand that the City of La Pine is exploring the possibility of replacing the existing La Pine Special Water & Sewer Districts with City services providing these functions. The La Pine Industrial Group, Inc. believes that these are appropriate services for the City to provide to its citizens and that the City is in a better position to integrate water and sewer services with other infrastructure requirements. We further believe that consolidation of services by the City will provide economies of scale and strengthen the City's ability to allocate costs more effectively as part of a combined Public Works Department. Please be assured that we support that decision, if the Council chooses to make it, and will work with you in every way we can to effect the transition. Sincerely, arwin Thurston President Visit our Web Site at: www.tapineindustrial.org August 9, 2010 Deschutes County Commissioners 1300 NW Wall Street Bend, OR 97701 Commissioners, First, on behalf of the community, we wanted to thank you for your support over the last few years after we incorporated. You have helped us with a building, planning, roads and overall support when asked. Starting a city from the ground up has many challenges. While we always knew it would be difficult at times, we are now moving ahead in a more system like approach that will build the foundation of a city. Support from Deschutes County is key to that happening. One project we are currently undertaking is the merging of the La Pine Sewer and Water Districts into the city as part of a new Public Works Department. As you know this was always envisioned by those petitioning the incorporation four years ago. In fact it was important enough to be one of just a few things specifically listed in the ballot title of the incorporation vote as something that was expected to happen if the incorporation vote was successful. The petitioners went on to make sure those voting understood the major elements of incorporation and again, in the explanatory section of the ballot was the following, "The city council is expected to dissolve the existing La Pine sewer and water districts, located almost entirely within the proposed city boundary, and provide those services" : We are now moving forward on assuming those districts as was contemplated and approved by the voters. Our goal is to have this accomplished by June 30, 2011, at the end of this fiscal year. We have established a Utilities Committee that will work through the details along with the city council and city manager. It is important that this be a collective effort and we plan to invite involvement from the current Water and Sewer Districts Manager as well as offering positions on our Public Works Committee or Utilities Committee to be from the elected members of the Sewer or Water Districts Board of Directors. As you would expect there is a nervousness of the unknown from some not sure what to expect. Mergers and consolidations usually are supported by the general public, but CITY OF LA PINE P.O. BOX 3055 LA PINE, OR 97739 PH-541-536-1432 can be fraught with challenges from those close to the issue, usually based on turf, power, politics and protecting the status quo. The districts for years have performed well; it's because of their solid work La Pine grew into a city. It is now time to take that next step and manage all utilities under one consolidated structure that is part of our land use planning rules, transportation system plans and maximizing economic development opportunities. We ask for your support as we assume the districts over this next year. Various issues will arise that will require us working with the county such as the loan you have with the sewer district, which we would assume. Another area is the land transfer between the BLM and the County. We will need that land over the decades as part of the City's waste water treatment process. We do not see any major problems as we move forward, but it is important to officially have your understanding and support as we assume the districts. If you should have any questions, please contact our City Manager Rick Allen. He will be in contact with you and your staff over the next few months. Respectfully, - I~~.~-~•L--`tea City Manager Rick Allen '14 CX Council r Don Greiner r Councilor Barbara Hedg Mayor k itty Shields ncilor Doug Ward CITY OF LA PINE P.O. BOX 3055 LA PINE, OR 97739 PH-541-536-1432