Jason Stockfish, Local Journalism Initiative Reporter | [email protected]
Seeking public consultation, Mayor Richard Ireland put forth a motion at the March 22 committee of the whole meeting to create a special meeting about sidewalk seating.聽
At issue was how the municipality should proceed with patios on sidewalks in relation to Parks Canada鈥檚 guidelines about maintaining a specific architectural motif in the townsite of Jasper.
Looking to provide some certainty for businesses wanting to offer sidewalk seating, and hoping to find a solution Parks will find satisfactory, administration recommended that committee give it direction to apply for a discretionary use permit that aligns with federal guidelines.
In its report for the committee, administration explained what aligning with such guidelines looks like for the municipality and the businesses involved.
鈥淔or the 2022 season, non-conforming installations that had previously been used in 2021 will be accepted; with the exclusion of all tents, umbrellas and/or jersey (concrete) barriers displaying advertising, logos, or non-conforming colours.鈥�
In other words, what was done in 2021 is allowed but only for 2022.
If a business wants to continue with sidewalk seating after 2022, Parks Canada鈥檚 guidelines state that patios will only be permitted on the sidewalk, and boardwalks to allow pedestrians to pass by will be located in the parking lane.
These boardwalks or sidewalk extensions into the street鈥攁nd any railings, rails or planters鈥攕hould all be made of natural or treated woods with natural wood colours.
Further requirements from Parks鈥� state that tents and signage, including logos, are not allowed.
After 2022, jersey barriers used to protect patrons and pedestrians from passing traffic will also have to be replaced with something more pleasing to the eye.
Parks Canada will allow patio umbrellas, provided they do not have logos on them and are neutral in colour.
Among council鈥檚 concerns was the question of who would determine what neutral colours were and if it really mattered whether the umbrellas were neutral in colour.
Coun. Ralph Melnyk questioned the allowed colours.
鈥淲hen (Parks) talk about a neutral colour, by excluding the primary colours, how do businesses differentiate themselves on the street when they may be known by their colours or a combination of colours or want to distinguish themselves from their neighbour?鈥�
CAO Bill Given explained to Melnyk that this was the path of least resistance, given the circumstances and the scenario most likely to provide any certainty after 2022.
鈥淭hat is a fair point and a fair consideration. I will just say that from an administrative perspective, we, in consultation with Parks, judged that these are the conditions that Parks would be very comfortable in approving,鈥� Given said.
Another concern among council was whether replacing concrete barriers with wooden structures would provide the same level of safety for patrons and pedestrians from passing traffic, even with the seating area moved from the parking lane to the sidewalk.
Coun. Wendy Hall asked the CAO why Parks Canada鈥檚 approach to the jersey barriers and tents had changed after allowing them for the last couple of summer seasons.
Given explained that in trying to regularize the sidewalk seating program, Parks is looking to establish long-term goals for regular use.
Speaking to the committee on behalf of the Jasper Park Chamber of Commerce, Justin Melnyk offered the perspective of small businesses still operating in a pandemic.
Melnyk explained that Parks Canada reached out earlier for a third-party consultation, and the recommendation from the consultant was to have foot traffic passing through on the sidewalk, but now Parks Canada has decided against that advice.
鈥淲hy now is Parks going back against the consultation that they reached out for?鈥� Melnyk asked.
鈥淲hy is Parks now determined to make it more difficult for businesses?鈥�
Mayor Ireland went on to question whether the Architectural Motif Guidelines for the Town of Jasper, last updated in 1997, were even relevant to the conversation.
鈥淗ow in the world does (architectural motif guidelines) apply to use and space? If it does, then perhaps no one can have a red umbrella in their backyard.鈥�
Ireland continued by saying that it was an inappropriate use of guidelines that were designed for development applications and not for the use of sidewalks or parking areas.
鈥淣o one is applying for a development permit,鈥� Ireland said.
鈥淭his doesn鈥檛 require an architect.鈥�
Another concern was the appeals process for businesses that won鈥檛 be in compliance with Park Canada鈥檚 guidelines.
Ultimately, it would be an individual who does not live in Jasper who would be making that final decision as Parks Canada鈥檚 Planning and Development Advisory Committee (PDAC) does not have that decision making authority, Given explained.
Ireland determined that he was not inclined to any of the recommendations on the table at the moment.
The mayor noted that under Section 194 of the Municipal Government Act, he could unilaterally call a special council meeting and invite business owners and residents to speak on the subject.
Rather than moving ahead on his own, the mayor put forth his motion to create a special meeting to take place at the council chambers at 1:30 p.m. on March 29.
The motion passed without dissent.
鈥淭oo many aspects of this are invisible to the public. Too much of this process unfolds in rooms where the public is not allowed,鈥� Ireland said.
鈥淲ithout that degree of engagement (from a special meeting), whatever decision we make will be subject to second guessing by all.鈥�
