After roughly 30 minutes of sometimes contentious debate, town council has opted to keep allowing businesses to have temporary patio extensions on municipal property.
The debate unfolded in two parts at the Oct. 15 meeting of town council, first whether to allow reconsideration of a resolution from earlier in the Spring that allowed for staff to be able to enter into temporary patio extensions with restaurants and then debate on the issue itself.
The motion to reconsider was brought forth by Councillor Molly Allaire, who believed “there were some decisions made that mainly, in the end, was not exactly what council intended as a whole.”
The motion to reconsider would pass in a 4-3 vote, with Allaire, Mayor Michael Prue, Councillor Peter Courtney and Councillor Diane Pouget voting to re-open debate while Deputy Mayor Chris Gibb, Councillor Linden Crain and Councillor Don McArthur were opposed.
“It is a bad idea to reconsider because council made its decision to allow patio extensions in front of businesses months ago,” said Crain. “We seem to have a habit of trying to rescind motions made at our meetings and in my opinion, it does make us look indecisive.”
Crain called the bylaw a “success” as it has brought people into downtown restaurants. McArthur added that council had a fulsome report, discussed it and voted on it.
“That’s what councils do. Only in extraordinary circumstances when there are compelling reasons should you go back and revisit something you’ve passed,” said McArthur. “Businesses make capital investments based on the bylaws we passed, they hired staff based on the bylaw that we passed and to pull the rug out from under them, I think it sets a bad precedent. It’s not a good look for council, to be honest.”
McArthur added it is “frustrating” to spend time looking at previous decisions.
“We pass something, we allow businesses to do something and we react with shock and awe when they do it,” he said.
“To reconsider this so we can remove staff’s authority to enter into temporary patio agreements really makes no sense to me,” said Gibb.
Gibb said he doesn’t want to make it a big political debate every time a business applies to have one.
“That’s not the way things should run,” said Gibb. “We set the direction, staff implements it.” Gibb said the decision was made May 27 and once it was passed, a business invested money in the patio, furnishings, insurance and possibly extra staff “and now we’re going to go back because the wind changed direction and we’re going to change direction.”
“It’s a bad look. It makes us look incredibly indecisive,” the deputy mayor added.
Pouget said she was in full support of Allaire’s wish to reconsider the bylaw.
“I cannot tell you how I disappointed I was when I received calls after the May decision,” she said. “I fully believed the extensions would be to the side or to the rear of the property. Not once in a million years did I ever think this patio would be put in the road and take up two prime parking spots.”
Pouget said reconsidering the motion shows “we made a horrible mistake and we’re trying to correct it.” Five more temporary patio extensions are being requested, she added, and that could lead to ten more parking spots lost.
Courtney supported reconsideration because he believed town council is doing its due diligence on the issue.
“I think I made a mistake here,” he said. “When there’s problems, we should take a look at it again.”
Reconsideration means talking about it “to make it right,” he added.
Allaire added the business licensing bylaw was rescinded and is being looked at again, with public consultation being done.
“It is OK to admit we were wrong. I think it’s actually very important,” she said. “You have to make the decision right. Sometimes we get it wrong. We’re not all perfect.”
Prue noted he voted in favour of reconsideration but noted while he let the matter proceed into further discussion, that didn’t mean he would vote to not allow the patio extensions. Allaire made the motion not to allow temporary patio extensions, and she was joined by Pouget and Courtney in favour of that motion, while Prue, Gibb, McArthur and Crain opposed.
“This is an easy one for me. I liked it the first time, I want to keep it,” said Gibb. “People want to sit outside, they want to enjoy the beauty of this town. I don’t understand what the issue is. Two parking spots out of 500? You know what, I don’t think there’s that big of a problem parking in downtown Amherstburg.”
Gibb added restaurants bring in extra revenue and create jobs. He said they received “overwhelmingly positive” e-mails on the subject.
“I think it’s great for Amherstburg. It brings people here to spend their money,” he said.
Crain said the number of e-mails rivaled another hot button issue when the town was considering whether or not to keep the turf field in the indoor soccer facility at the Libro Centre. He called it “a huge waste of staff time” to revisit the issue and noted the one business owner thus far (the Salty Dog) that has a patio invested thousands of dollars into materials and labour.
“There’s definitely not a parking issue downtown. We received that in the study that came back,” said Crain. “There’s a parking perception issue but I don’t believe there’s a parking problem.”
Crain also said it creates jobs and supports the economy, noting the patio will not be there in the winter.
Pouget said she “strongly” supports Allaire’s motion, reiterating five more businesses want temporary patios and that means ten more parking spots.
“We can’t afford to lose any more,” she said.
There are also accessibility issues, Pouget believes, raising AODA questions such as barriers for those with disabilities. She called it “unfair to the rest of the businesses,” adding that she was aware of people not moving for those in wheelchairs trying to get by.
“I believe it has to be removed as quickly as possible,” said Pouget.
“I’m not saying the patio is not successful. That’s not my argument. I’m talking about fairness,” said Allaire.
Aesthetics in town are changed, including in a heritage area, with Allaire adding the bylaw states the types of businesses that can apply for a temporary patio are those that have consumption of food and beverage to the public.
“Only five businesses in the downtown core can put one up,” Allaire said. “That leads me to the argument of why do these establishments get the benefit from free square footage on municipal property when not everyone can apply.”
Allaire suggested other businesses could expand their footprint and increase sales.
“After putting in this notice of motion I received complaints of interfering with pedestrian traffic because while people are waiting to be seated they are blocking the pathways of pedestrians. It’s unfair and doesn’t seem appropriate,” she said. “This was originally allowed as a Covid relief method and then it was uploaded to the town to take over. So other businesses suffer because they purchased a building not knowing this was a possibility and now they don’t qualify like these five businesses because they don’t have adjacent municipal property. It sets a precedent and it’s unfair.”
McArthur said the residents can get lost in the shuffle. He acknowledged businesses benefit by putting out a patio on public space.
“Location has its advantages in real estate,” he said. “If you are a business that has an opportunity to do this, I don’t think the town should stand in your way.”
McArthur said the decision was made well after the pandemic. He added he loves patios and believed the more, the better.
“They generate business. They create jobs. They attract tourists to our town,” he said. “Over and above anything else, they give our residents, they give our families, something to do in Amherstburg and not go to Windsor, and not go to Leamington, and not go to Essex. They spend their money here.”
Courtney said the issue has nothing to do with the Salty Dog itself and also believed it is nice to sit outside. He believed the issue has to do with fairness for businesses overall.
“They followed the rules we set out,” Courtney said of the Salty Dog.
There are issues with those driving in the area, identifying concerns as distracted driving and speeding.
Courtney also brought up the issue of encroachment onto town property. Parking is needed as well, Courtney added, also mentioning accessibility.
“It’s an unfair playing field by us offering commercial real estate to certain businesses and not all businesses,” he said.
Prue said the province allows patios to be placed on sidewalks and streets in Ontario. Municipal staff has to ensure they are compliant and accessible, stating he believes town staff has done that.
Of about 50 e-mails he received, Prue said roughly 38 supported the patio extensions. The 12 who opposed noted the loss of parking spots, didn’t like the appearance and questioned whether the town was getting any revenue.
Regarding the last point, Prue suggested charging those with a temporary patio extension a fee with the revenue going towards better parking infrastructure.
“If we’re going to allow this, we should very clearly set out what that fee should be,” said Prue.
A fee of “a couple of hundred dollars per month” could easily be recouped by the businesses with patios, he believed. Prue added there was a long e-mail from the Amherstburg Chamber of Commerce supporting temporary patios, though it was later stated it was from the board of directors.
Prue said he was sorry people won’t move for people in wheelchairs, but said he didn’t believe there was a difference if it was two cars or a patio there.
“I think a business case has been made and I do believe that it is in the best interests of the town to be a welcoming and friendly place for people to sit out and have a meal in the sun,” he said.
Leading up to the meeting, the Salty Dog posted a social media post asking people to support their patio. In it, they stated in part “this policy is essential for fostering a vibrant community and has been successfully implemented in many cities across the province.The extended patio bylaw is fantastic for businesses like ours that aren’t part of the open streets program. It also provides a valuable option if Council decides to reduce or cancel closed streets in the future - which at that point, we anticipate that many local businesses will want to create outdoor spaces for everyone to enjoy during the beautiful summer months.” The post added: “Thanks to the extended patio, we’ve been able to create more jobs and serve even more of you! We’ve also heard your feedback regarding the current patio’s aesthetics. While we started with a style similar to what is used in Windsor, we’re committed to making improvements as approved by the town – provided the bylaw remains in effect. This was a trial template for us as we know Council sometimes changes their decisions.”
Town council votes to keep temporary patio extensions
By Ron Giofu
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