City working on way for business to stay open

Eight people testified before the Sisters City Council in support of finding a way to keep the Wild Mountain food stand at the east end of town open.

Wild Mountain, which offers jerky made from game animals such as elk, and mushrooms Ky Karnecki harvests on the Coast, is designated as a seasonal business, operating at the corner of Locust Street and Highway 20 on a 180-day temporary operating permit. That permit expired on December 27, 2011.

For the last several months, Karnecki has been working with the city council to try to find a way to allow his now-shuttered stand to stay open on selected days during the winter months. The stand is Karnecki's only source of income. Thursday evening the council appears to have found a legal path that will allow Karnecki to reopen in as little as two weeks.

Among those speaking in support of Karnecki was Richard Greene, a 45-year resident of Sisters and owner of Richard's Produce, a seasonal fruit and vegetable stand that has been operating for more than 10 years just behind the Space Age Gas station on Cascade Avenue. Richard's Produce operates under the same kind of permit as Karnecki's stand.

Greene testified that the new focus on temporary businesses may have an adverse effect on his business also. Greene said, "...I got a notice this fall that I have to remove my buildings at the end of the season. This is going to be quite costly for me; I have electric power, phone lines, and four years ago I was required to drill stakes in the ground and tie the building down. To remove it and come back would be about $5,000.

"I appeal to people making decisions on the government level that they really think about 'Am I really helping the people of the community by establishing these rules?'" concluded Greene.

Prior to the council meeting both Karnecki and the council had received a written opinion from City Attorney Steve Bryant that an extension of Wild Mountain's temporary permit was not legal under current code. During the council meeting attorney Bryant said to the council, "...amend the code; you don't have to wait for the planning commission, you can adopt an amendment that says that the council has the authority to grant an extension to any temporary use permit...you could solve this problem in the next seven days."

Once the code is amended to allow for a 90-day extension, the council can grant Karnecki that 90-day extension (in that same meeting). Before the end of his extension Karnecki can apply for a 180-day temporary permit, which should allow him to operate through his peak season in the summer.

Current statutes do not allow concurrent temporary permits. Those statutes also require a "length of time" between the expiration of a temporary permit and the granting of another permit for the same business. While not specified, it is Bryant's legal opinion that this "length of time" should be at least 30 to 60 days.

If the council follows through on the proposed process, it will remain for the planning commission to refine or resolve any issues regarding temporary businesses and regulating the differences between temporary and permanent businesses.