The city was hoping for a report that would allow the terraces to operate permanently, albeit seasonally. However, as construction is not yet complete, temporary patios are allowed to continue operating for this season.
At Tuesday night's full board planning meeting, there was some confusion with the City Council's order regarding the city's 2025 temporary patio program.
Last year, councilors voted to temporarily extend the program until a final and permanent but seasonal structure was presented and approved by local politicians.
That plan is still a work in progress, so councilors must adopt recommendations in a report on Tuesday that will keep the preliminary plan in place until the end of this year. It was approved, but only after a lengthy discussion.
Last year, the council rejected a request to impose fees on restaurants that set up patios in public parking lots.
At Tuesday's meeting, Coun. Sandra O'Connor, who made this motion last year, again suggested considering a fee for operators using public parking spaces.
This led to Mayor Gary Zalepa saying this was a reconsideration of a decision from the last temporary extension of the program and that a two-thirds majority was needed to reopen that discussion.
After a vote in which six of eight council members appeared to agree to reopen the discussion, and there was a dialogue lasting several minutes, Council said. Wendy Cheropita questioned how many votes had been collected for reconsideration, noting that she did not vote for it.
Coun. Erwin Wiens, chairman of the meeting, said he “misunderstood how Coun. “Cheropita has voted,” which resulted in a new vote being held that no longer achieved the required two-thirds majority.
This ended the discussion on fees and returned to the original requests, which were to obtain information on design parameters and a guide for applicants and to adopt the temporary use bylaw allowing the program to continue this patio season.
A policy adopted last year that prevents businesses in the Queen Street area from receiving new applications until a permanent program is implemented remains in place through 2025.
Planning Director Kirsten McCauley said the current agreement called for patios to be removed in the off-season, but staff “did not enforce that,” citing comments from Cheropita about how expensive removing patios can be.
The staff report also addresses the official name of the program, which would be labeled “seasonal” once it is approved as a long-term initiative.
That designation will be awarded when the city “establishes an ongoing, permanent program,” but patios would need to be removed in the winter, staff report.
Approval of a seasonal program would mean that annual renewal through Council approval is not required.
Next steps include focus groups with patio operators and more engagement, and McCauley said she expects to hear more of the comments raised by councilors as that process progresses.
The plan also requires facilities in rural areas to submit a site-specific application to install temporary terraces.
Coun. Maria Mavridis said the patio program is an important positive option for restaurants that were suffering from the COVID-19 pandemic when the idea was born.
“It got us back to where we needed to be,” Mavridis said, adding that there needs to be more “equity” when it comes to rural areas.
Feedback that emerged from a meeting of the city's heritage committee in December included the need to limit the number of terraces on Queen Street and that they should have a uniform design, as well as that shade structures such as umbrellas, pergolas and tents not be allowed are allowed.
Staff said the final version of an applicant guide was expected to be unveiled next month.
Without Tuesday's approval, the temporary program would have expired Feb. 28 and no permits would be issued this year.
38 companies in the old town are currently authorized to set up temporary terraces.
Last year there were about ten who took part in the heritage district.