Wild Mountain's last stand?

The ongoing saga of the Wild Mountain mushroom and jerky stand appears to be entering its final phase. After a number of appeals to the city council and the planning commission over the last year-and-a-half, owner Ky Karnecki was poised this week to remove the stand.

Karnecki shut down the operation per the requirements of his 2012 Temporary Use Permit (TUP) the week before the February 14 city council meeting. At that meeting Karnecki and his supporters made a final unsuccessful pitch to the city council to modify or make an exception to the building code to allow the Wild Mountain structures to remain on site until a new TUP was granted.

The city cannot venture onto private property to remove buildings when they become in violation of code. The city's only recourse is to fine the TUP holder and the property owner until the property is brought into compliance.

In a letter dated February 26, the City of Sisters gave Karnecki and the company that manages the property, 1st Premier Properties of Salem, notice that as of March 6 a fine of up to $500 per day could be assessed until the property is brought into compliance by being cleared.

On February 28, Premier Properties sent a letter to Karnecki stating, "On or before March 6 ... please take immediate action to begin the process of removal of the structures located at Hwy. 20 and Locust... we expect the property to left free of debris and in the same reasonable condition as at the commencement date."

Karnecki's request for a new 180-day TUP for 2013 is being processed on a separate track. The stand owner has submitted a $500 fee for that process. According to the city, there can be no "linkage" between the requirement for building removal under the 2012 TUP, and his application for a 2013 TUP.

The city has processed the 2013 TUP request and has returned it to Karnecki for some clarification on highway access and outhouse placement. As of Friday, Karnecki had not responded to the request for additional site plan clarification.

City planners report that they would expect the required TUP approvals by ODOT, fire, etc. would move quickly and would not significantly hold up the 2013 TUP once Karnecki's response is complete. Once the TUP is approved by the city there is a 14-day notification posting period required to allow for neighbor and community input on the TUP.

If there is not credible objection to the TUP at the end of the 14-day notification period, Karnecki, at his own risk, could begin business operation.

The risk, deemed small by city officials, is that there would be an appeal to the granting of the TUP. There is a second 14-day period for any such appeal to be tendered. If there was an appeal and the appeal was upheld, Karnecki would be required to cease business operations, losing whatever monies he had invested in reopening the business.

Conflict and controversy have swirled around Wild Mountain for a year-and-a-half, a situation Mayor Brad Boyd acknowledged in a statement requested by The Nugget.

"I have learned that some people in the community say the city has persecuted Ky and treated him unfairly. Others say that the city has bent over backwards to accommodate him and that this situation has gone on too long," Boyd said.

The mayor noted that the issues raised by the case are not unique, though the specifics may be.

"One thing is clear," Boyd said. "It points to a larger problem. Many citizens have had difficulty working with the city administration, while a few have praised the process. This upsets me greatly. Our town is small: 2,000 people. While we sometimes tolerate cumbersome and unhelpful bureaucracy at a bigger city, state or federal level, simply because of size, there is no reason for it here. The city administration needs to do a better job of being clear, concise, accurate, and complete in requirements and expectations of anyone trying to bring a business, remodel a building, or build in Sisters.

"I have learned that some aspects of the ...

situation point to a symptom of a larger problem that has affected many applicants at city hall over the years," Boyd continued.

"I can't go back and fix what happened in the past.

I wish I could.

I am sorry.

What I can do, as the mayor, is to uphold my oath of office and see that the code and the law is adhered to going forward, and that everyone is treated the same - fairly and equitably.

In addition, what I will do is direct the city manager to help the city to improve its systems and efficiency.

I want the process to be simplified as much as possible, so that everyone has more ease and clarity in working with the city.

Yesterday, a merchant who built a new business told me their interactions with the city were 'Amazing.

They made it so easy.' I want it to be like that for everyone who deals with the City of Sisters."

Karnecki has intimated that he may pursue legal action, a possibility that Boyd acknowledges.

"In America, as part of our justice system, anyone, including Ky, who feels that their rights have been negated, has the right to pursue legal action," Boyd said.