Recent Happenings
Status of LUBA Appeals
Three LUBA appeals were filed in an attempt to drive amendments into King City’s master plan and King City’s transportation system plan.
The first, LUBA number 2023-059 was affirmed on 2/14/2024. At the high level, the appeal stated the city did not due diligence to protect the portion of the Bankston property that is covered by the conservation easement “to the maximum extent possible”. All assignments of error were denied. Read the full text of the 2023-059 here.
The second, LUBA number 2023-052 was affirmed on 4/18/2024. At the high level, the appeal stated that the TSP did not appropriately consider roads crossing a privately owned airstrip (called Meyer Riverside). It also stated that the TSP did not comply with Statewide Planning Goal 5. All assignments of error were denied. Read the full text of the 2023-052 here.
The third appeal is regarding annexation and the length of cherry stemming – LUBA number 2024-004. The petition for review was filed on 4/09/2024 and is still pending responses (full text and status will be posted after LUBA affirmation).
In the appeals that have been affirmed, LUBA ruled that the city did not violate any Land Use ordinances. The third appeal is still pending. We want to make it clear that we are not accusing the city of any legal wrongdoing – we just want City Council to prioritize community values in their decisions, and make sure that their staff and consultants do as well. Good communication is starting to happen – we remain hopeful!
Are you aware the Fischer Road extension may start as early as next year?
Westside Trail Planning is moving forward. There will be a community open house to gather input, and an on-line survey opening May 7th (a link will be posted here once it is available). Work to begin acquiring the necessary right of ways for the trail has already started, and construction is planned to begin late 2025. While we are excited about all of the positives that come with the trail, we are concerned about King City’s plans to shoehorn in the connection between Fischer Road and 137th at the same time. A strong request from the community has been to delay the connection between Fischer and 137th until it was absolutely needed to support neighborhood traffic. The City Manager’s proposal is to make the connection while the Westside Trail construction is happening. Note, the improvement at 137th and Beef Bend road cannot be done without funding, and no funding is expected for that through 2040. So why is the tradeoff being made to do the Fischer-to-137th connection so early? Does this tradeoff align with your values and interest for your community? Let your City Council know! Click here for more details about the Westside Trail project.
Executive Session Held by City Council
The City Council held an executive session on Friday, April 5th. The city sent out a notice and
posted it on their website, but not everyone saw it. We want to keep you informed:
City Council Executive Session was held April 5, 2024 at 12:30 P.M
All discussions in an executive session are confidential, and those present may disclose nothing
from the Session. (Representatives of the news media are allowed to attend Executive Sessions
but must not disclose any information discussed.)
There are reasons that executive sessions are allowed. In this case, the reason was:
- To consult with counsel concerning the legal rights and duties of a public body with
regard to current litigation or litigation likely to be filed.
(see a complete list of reasons at https://oregon.public.law/statutes/ors_192.660)
Here is a posting of the notice:
https://www.ci.king-city.or.us/news_detail_T11_R265.php
OGEC results
The Oregon Government Ethics Commission (OGEC) released Stipulated Final Orders to settle the complaints filed against City Councilors Mark Manelis, Smart Ocholi, and Micah Paulsen. As of the time of this posting, there was no update on the case pending against Jamie Fender. Each of the complaints documented violations of ORS 244.120(2): a statute requiring public officials to declare actual or potential conflicts of interest prior to taking related actions.
The terms of the settlement for Manelis (who is currently still serving as a King City Councilor), Ocholi (who was recalled from office), and Paulsen (who has resigned from office), were as follows:
- On Oct 6 2023, the Commission considered information in the preliminary review phase and acted to find cause to initiate an investigation into the matter. Manelis, Smart, and Paulsen have all indicated that they wish to conclude the matter by agreeing to the terms and conditions in the order without completing the investigative phase.
- They will each receive a Letter of Education as authorized by ORS 244.350(5) in order to settle and compromise the matter.
- The Stipulated Facts also include that they have each also committed to completing additional ethics training from the Commission’s training staff within the next six months.
A scanned PDF of the Stipulated Final Orders is here.