I.
II.
CALL TO ORDER: Mayor Burden called the meeting to order at 7:02 p.m. March17th at Wheeler
City Hall
ROLL CALL: William Mullen, Dave Bell, Bob Harlow, Stevie Burden
Staff Present: Geoff Wullschlager
Public Present: none
Media Present: none
III.
MAYOR AND COUNCILOR COMMENTS:
Mayor Burden called attention to and asked for a moment of silence to be recognized with respect to the
recent passing of Nehalem Mayor Shirley Kahlkoven. Mayor Burden went on to mention that the City
will pass a Resolution for civic commitment and involvement in memory of Shirley. The parameters of
which will not be reserved to only Wheeler residents. It will be an annual award given to any member of
the three villages, regardless of residency. Mayor Burden asked City Administration to prepare the
Resolution for the next regularly scheduled Council meeting.
Mayor Burden reminded the Council to submit their Statements of Economic Interest to the State by April
15th. It was also stated the City Administration submits the forms on behalf of Council to retain a record
in house.
Councilman Mullen brought up the ongoing concerns regarding several properties in town, and safety,
and health hazard issues. Council and the Mayor discussed putting it on the agenda for a more formal
approach to the concern. City Administration stated that it does not have to be a Council matter, as it can
be handled under Administrative enforcement and response. Councilman Bell asked as to the disposition
of where the City is at with regards to the more onerous situation, stating that he continues to receive
questions form the community as to what can be done, what is being done, and what is the City doing at
this time. City Administration stated that the County has been contacted, and a deputized representative
of the health department has been to the property. The County has stated that unfortunately because it is
within City limits, that the full responsibility falls upon the City. City Administration also stated that
there has been some conjecture as to what the City can do as there is still a question looming as to who
owns to property; this was based on a conversation with the title company. City Administration informed
Council of the mechanics under which the City can abate with the nuisance ordinance. Council asked if
this should be on the agenda for the next meeting, to which City Administration replied that this is an
administrative matter not a policy issue.
Councilman Mullen discussed his recent conversation with a contemporary who is head of the fire
department bureau with respect to possible inspections for the commercial district in the interest the of
safety and welfare of the City based on past history of fire. The question was raised as to who has
governance and what the parameters might be. City Administration stated that a similar discussion was
had with the regional fire authority in which it was stated that the State fire code is the rule of law when it
comes to standards. City Administration also stated that the regional fire authority doesn’t really get
involved in these matters as Wheeler is under its own home rule authority. It was also stated that “Fire
Chiefs” usually don’t get involved in inspection that is usually the business of a Fire Marshall. It was
discussed that the County has a Fire Marshall that might be the more appropriate authority. The idea of
submitting a public information notice or program might be a better approach. The Council asked that
Administration ask the County what their role and position is on this.
IV.
CONSENT CALENDAR:
1. Additions or Deletions to Agenda
No additions or deletions to agenda.
2. Wheeler City Council Meeting Minutes of February 17, 2015
Mayor Burden mentioned that there were several errors with regards to last month’s minutes.
City Administration acknowledged this and stated the following corrections:
1. Under Section 6. CAC – Ms. Eunice Massie’s last name was spelled incorrectly.
2. Under Section 7. City Manager Report – In the first paragraph, the word “where” needs
to be changed to “we’re”
Councilman Bell makes motion to adopt consent agenda and minutes as amended, Councilman
Harlow 2nd. Ayes 3, Nays 0. Motion approved.
IV.
PRESENTATIONS, GUESTS, ANNOUNCEMENTS AND CORRESPONDENCE:
1. Presentations: None
2. Proclamations: None
3. Guests: None
4. Announcements: None
5. Correspondence: Public Safety report
 Public Safety – City Administration discussed how the numbers were reduced for February
across the board for all three cities, and not just for citations. Manzanita is at a 24% ratio of
citations to warnings, Nehalem is at 18% and Wheeler is at 21%. City Administration also
stated that per the financial reports for mid-March, the City is on track to cover is expenditure
for Police services for the year based on citation revenues to date.
V.
PUBLIC COMMENT ON NON-AGENDA ITEMS:
 None
VI.
COMMITTEE REPORTS:
• Planning Commission – Minutes from February 2015 Planning Commission meeting:
City Administration stated that the meeting in February was brief as the public hearing for the
Kaffer permit had been concluded. The meeting mostly consisted of the discussion of re-setting
goals for the 2015 year, and taking a look at the goals that were set during the 2014 year. City
Administration stated that it would be good to start thinking about a joint goal setting meeting
with the Planning Commission. City Administration also brought up the ongoing question of
short term rentals that were an original goal of the Commission last year. City Administration
stated that the Commission in generally not in favor of this going forward and the Commission
directed City Administration to take a look at water usage rates across town to establish a
baseline of what the part time residency may be. It was also stated that the Commission may
begin to think about re-introducing land usage training sessions.
• Parks Committee – Minutes from February 2015 meeting:
Ms. Jan Bell chairperson for the Parks and Recreation Committee delivered the report. She began
by stating that the Committee currently has only three members. Their activities as of late have
consisted of weeding, pruning, and cleaning up the flower beds within Waterfront Park. She also
reported the placement of the way finding sign in the Waterfront Park area. She updated the
Council on the ongoing Public Works project in which new water lines and drainage have been
placed in the park, which will reduce the time needed from Public Works in maintenance of the
grounds. Public works should be done with this work by mid-April. Light bulbs have also been
ordered to replace the lights that go out within the train station. The Park Committee will also be
installing an extension of the fence that is in the South end of the park. Ideas of have been
considered to dress up the South entrance as well. Clean up day is scheduled for June 6 th, Park
Committee member Terri Michelsen is in charge of this effort. The Committee is also looking for
an official leader to run the Garden Club, to which City Administration stated that Ms. Betsy
Chase is currently the un-official member. Councilman Harlow suggested that a Wheeler
resident by the name of Sandy, who lives across from Ms. Michelsen might be a good candidate
as she is a Master Gardner. Mayor Burden stated that once the Council is back up to full
capacity, efforts will be made to try and place a liaison back into the Parks and Recreation
Committee from the Council.
• Citizens Advisory Committee – Minutes from February 2015 CAC meeting:
Update of where the Committee is at on goal completion. The Committee is through goal 12
Transportation. Mayor Burden updated the Council on what the Committee has produced in
terms of format to be legal. City Administration updated the Council on the grant that both
DLCD and The Port of Tillamook Bay are putting together for a Transportation Plan covering the
Salmonberry Corridor, in which Wheeler will be included. This can then be adopted by the City
as its official transportation plan. Council asked how close the Committee is to the deadline to
which it was reiterated that this is on May 15th, and that the Committee is aware of how close
they are to the deadline.
VII.
CITY MANAGER & PUBLIC WORKS DEPARTMENT REPORT
City Managers Report: March 17, 2015
Hall St.
City Administration updated the Council on the current status of what has transpired with ### Hall St.
City Administration stated that a document request was received by the City and that this produced and
sent to the property owner. Additionally, it was reported that the City received an application for water
service for the property with the requisite service fee of $15.00, but that the connection fee was not
included. It was also reiterated that as of current, the property does not have a meter in the ground.
City Administration also brought up a document that was written within the City in 2010 regarding
“phantom accounts”, and that it was the opinion of the author that the property of discussion did fall into
this category, and that an SDC would not apply based on this designation. City Administration highlighted
that this was an opinion of that author, who it appears may have been the City Manager at that time, and
that the guiding ordinance language states that it is a decision of the Water Department and of City
Administration to determine when an SDC applies. It was also stated that there are waivers that can apply
but that this property does not fall under any of those conditions. City Administration discussed that as of
2012 there have been no actions on the account, and thus it has not been in service for a period of more
than what is required to determine the account falls under an SDC requirement. City Administration
outlined the response letter that would be sent to the property owner.
Advocacy Day SB 613
City Administration informed Council as to the City’s involvement in the event. City Administration
explained that conversations were had with the Senate sub-committee chairperson. City Administration
stated that while this was a politically charged environment, City Administration represented Wheeler’s
interest from the perspective of having a business to run, and within which the clientele have asked the
City to “run in better” in addressing their concerns to issues with spraying. City Administration stated that
the concerns as explained to members of the legislature centered on matters of notice, transparency as to
what is being used (sprayed), particularly with respect to inert ingredients, and questions regarding the
non-removal of terrestrial based rodenticides. City Administration also mentioned that the ongoing issue
of “method of delivery” was also discussed with legislators.
City Administration also brought up Mr. Shane Anderson, who is a movie director in the area who is
producing a film called “The Emerald Curtain”, addressing these issues. The City Administration has
been asked to be interviewed by this individual. As it is a politically charged issue, City Administration
asked if the Council would like the interview to take place. The Council stated that they would like City
Administration to participate in the interview as long as the issues of the community are what the
conversation represents.
Public Works Report: March 17, 2015
The irrigation project at Water Front Park is on schedule to be completed by the end of March with 85%
of the new piping completed. The new system will include three different zones that will be controlled by
one digital timer and an automatic valve for each zone. This system will pay for itself in two years by
saving staff hours in setting up sprinklers. This system will require adding an electrical outlet on the south
end of the train station where the timer and valves have been installed. Staff will be able to tap into the
existing electrical breaker box located on the north end of the depot.
It seems spring has sprung and staff has begun weed eating and mowing the parks. The right of way work
will begin soon. Staff is contemplating bringing on the summer helper before the typical time of May.
Staff has been receiving a lot of complaints about pot holes on Dubois Street. Staff has filled the pot holes
in the past many times using gravel, and left over cold patch materials but without success. The fix
typically only last a couple months before they reappear. Dubois Str. from Hwy 101 to just past the city
pipe yard has had “tailings” placed on the roadway which may have been a good cheap fix several years
ago but is failing now. Staff is reluctant to continue throwing gravel at this problem and would like
Council to consider having this section of Dubois graded similar to what was done in 2012 on Gamble Str.
and Penn Avenue. Both of those streets continue to serve those neighborhoods well. The Tailings would
be removed and a crowned gravel roadway put down and compacted.
City Planner Report: none
VIII. PUBLIC HEARING: None
IX.
GENERAL BUSINESS:
1. Old Business: None
2. New Business:
a. Brown Appeal –
City Administration presented and read the appeal as received by the City Recorder
within 15 days of the final decision of the Planning Commission of the land use
application 2014-04. City Administration explained the historical narrative leading up
to the appeal by way of the Planning Commission decision based on Wheeler Zoning
Ordinance 11.020 and 11.030.
b. Appeal process for Public Hearing –
City Administration explained how the appeal process works for the City Council and that
it must adhere to the Public Hearing rules found within the Planning Commission Bylaws. Mayor Burden asked that Councilman Bell preside over the hearing, as the longest
seated Council member, as the Mayor will be absent at the time of the Public Hearing.
April 9th was determined to be the date that the hearing will take place.
City Administration suggested that the presumed four Council members that will be in
attendance at the hearing meet with City Administration prior to the hearing in groups of
two so that the process and Staff Report can be explained as Council does not typically
preside over land use issues. This was agreed upon as a format for hearing preparation.
The difference between a review of the record and a de-novo hearing was explained.
Councilman Bell moved to have the Public Hearing on a review of the established record,
Councilman Harlow 2nd. Aye’s 3, Nay’s 0, motion passed. Public Hearing will be on the
established record and not de-novo.
c. Depot St. Request –
Mr. Des Kahrs has submitted a request for the City’s assistance in paving an apron on
Depot St., for safety reasons, and for adding new gravel and grading down Depot St.
to the first intersection. Mr. Kahrs submitted the request along with a record going
back to 2005 showing his expenditure and contributions each year to the maintenance
of the street, which is City property.
City Administration explained that Mr. Kahrs request is based on two criteria. First
that Depot St., as it currently exists with a gravel apron, presents a dangerous situation
for vehicles pulling on to Hwy. 101 as traction is hard to gain, and the location puts
vehicles entering Hwy 101. at a place where oncoming traffic is moving at high rates
of speed. In addition to this, Mr. Kahrs has stated that he has personally been
addressing the costs of road maintenance for a number of years going back to the late
80’s of City property.
Mr. Kahrs would like the City to pay for half of the cost of the project which would
amount to $4,340. City Council would like City Administration to investigate what
the cost would be to grade and gravel Dubois, in addition to either paving or graveling
and grading Pine St. in the same project. Council instructed City Administration of
solicit quotes. Council has agreed to move forward with the Kahrs project, and will
take action depending on what City Administration finds during bidding process.
d. Resolution No. 2015- 03 - A Resolution regarding the transfer of appropriations for
fiscal year 2014-2015, for the City of Wheeler –
Councilman Mullen makes motion, 2nd Councilman Harlow. Aye’s 3, Nay’s 0, motion
passes.
X.
ADJOURNMENT: 8:20 p.m.
XI.
EXECUTIVE SESSION (Pursuant to ORS 192.660): None
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