There was some confusion with council’s order at Tuesday’s night’s committee-of-the-whole planning meeting regarding the town’s temporary patio program for 2025.
Last year, councillors voted to extend the program on an interim basis until a final and permanent but seasonal structure was presented and adopted by local politicians.
That plan is still in the works, leaving councillors to approve recommendations in a report on Tuesday that will keep the temporary plan in place until the end of this year. It was approved, but not until after a lengthy conversation.
Last year, council defeated a motion to impose fees on restaurants who set up patios on public parking spaces.
At Tuesday’s meeting, Coun. Sandra O’Connor, who made that motion last year, suggested again that a fee for operators using public parking spots be considered.
This led to Lord Mayor Gary Zalepa saying this would be a reconsideration of a decision from the last time the program was renewed temporarily, and that a two-thirds majority to reopen that discussion would be needed.
After a vote that seemed to show six of eight councillors agreeing to reopen the discussion and dialogue ensued for several minutes, Coun. Wendy Cheropita questioned how many votes to reconsider were collected, noting that she did not vote in favour of doing so.
Coun. Erwin Wiens, chair of the meeting, said he “misunderstood how Coun. Cheropita voted,” which led to a new vote being taken, no longer recording the necessary two-thirds majority.
This ended the discussion about fees and returned it to the original motions, which were to receive information about draft design parameters and an applicant guide, and to enact the temporary use bylaw, which allows the program to continue this patio season.
A policy approved last year that no new applications be received by businesses in the Queen Street area until a permanent program is implemented remains in place for 2025.
Planning director Kirsten McCauley said the current agreement says patios are to be removed in the offseason but staff “haven't been enforcing that,” referring to comments from Cheropita about how expensive it can be for patios to be dismantled.
The staff report also addresses the official name of the program, which would be labelled “seasonal” once it is approved as a long-term initiative.
This title will be given should the town “establish an ongoing, permanent program,” but patios would have to be removed in the winter, the staff report.
Approval of a seasonal program would mean an annual renewal through approval by council is not needed.
Next steps involve focus groups with patio operators and more engagement, and McCauley said she expected she would hear more of those comments mentioned by councillors through that process.
The plan also says establishments in rural areas need to apply on a site-specific basis to erect temporary patios.
Coun. Maria Mavridis said the patio program is important as a positive option for restaurants who suffered during the COVID-19 pandemic, which is when the idea was born.
“It got us back to where we needed to be,” said Mavridis, adding that there needs to be more “fairness” when it comes to rural sites.
Feedback arising from a municipal heritage committee meeting in December included a need to limit the number of patios on Queen Street and that they should have a consistent design, as well as that shade structures such as umbrellas, pergolas, and tents, are not permitted.
Staff said it is anticipated that the final version of an applicant guide will be presented next month.
Without the approval on Tuesday, the temporary program would have expired on Feb. 28 and no permits would be issued this year.
There are 38 businesses eligible to host temporary patios currently in the Old Town.
There were about 10 who participated last year in the heritage district.