A popular ice cream vendor may be returning to Orillia’s waterfront, but the question of when – and where it will be located – have yet to be decided by council.
Following the city’s decision not to renew his lease last fall, Sweet Dreams Ice Cream owner Perry Maksymiw requested the city allow him to set up shop next to the Orillia Waterfront Centre this year.
Maksymiw has leased a site on the former CPR railbed on Centennial Drive for 29 years, but he had to vacate the property in October 2021 due to the ongoing waterfront redevelopment project, the Centennial Drive realignment project, and the sale of parts of the railbed to developers FRAM+Slokker.
On Monday, council committee directed staff to offer Maksymiw a lease for the 2022 season, thereby waiving a policy against allowing food vendors in Centennial Park.
“We've created this issue for a local business by making the area a better place. Essentially, we're displacing them, so I think that's on us,” said Coun. Mason Ainsworth on Monday. “We want to work together and make sure that they can continue to succeed.”
The location requested by Maksymiw will be subject to heavy traffic and construction work, staff warned, noting there could be potential hazards for customers.
Coun. Tim Lauer agreed with staff.
“I don't think people are appreciating exactly what hell is going to break loose down there,” he said on Monday. "It's going to be a full on construction scene, and certainly, mixing ice cream cones with bulldozers is just not advisable in my opinion.”
The item was discussed again at Thursday’s council meeting, when staff said that the only suitable alternative location within Centennial Park violates its refreshment vehicle licensing bylaw, which stipulates that refreshment vehicles cannot be located within 300 feet of another restaurant.
Granting Maksymiw space in the park also goes against city policies requiring a transparent, competitive bidding process, staff said.
Because the proposed location is within 300 feet of Studabaker’s Beachside, a bylaw amendment will be required to allow the ice cream stand to operate and that cannot be brought forward until the next council meeting – in mid-August, which is near the end of the ice cream season.
“If council were to proceed with respect to the waiving of the policies, that could be enshrined in this evening's motion, or this afternoon's motion, but with respect to any bylaw amendments, those bylaws will not be available for tonight … they would not be able to go forward until the August meeting,” said CAO Gayle Jackson.
Council, upon receiving the additional information, revisited their earlier decision and opted to defer it to their August meeting.
Maksymiw will need to pay for water service hookup and power supply to the site, which Coun. Rob Kloostra noted in support of council’s decision to defer the motion.
“There's a lot of activity going to be happening down there,” Kloostra said on Thursday. “Yes, there's an opportunity for another location for him, but … bearing all the expenses to put all of the services in there, I think we (should) just talk to him and say that maybe this isn't the right time, and we'll look at some better options in the future and get everything all sorted.”
Maksymiw, when speaking to OrilliaMatters prior to Thursday's decision to defer, was appreciative of the city's willingness to work with him.
“I really appreciate that they're looking at keeping us down there,” Maksymiw said. “We'll do our best to do what's needed. I haven't seen anything in writing yet, so I don't know exactly what they're offering.”
Maksymiw, who also operates a location at Tudhope Park, hopes Sweet Dreams Ice Cream will be able to find a permanent home in the Centennial Park area, as well.
“I look forward to working with the city and hopefully being there for another 29 years,” he said. “There are no plans as far as me going anywhere. I'll just keep doing Sweet Dreams as the seasons go on, and hopefully we'll find a permanent home (at) the waterfront.”
The city’s Centennial Park boat launch parking area design and construction project identifies space where food vendors could operate, but council has not made a decision about including additional food vendors within downtown waterfront parks.
“If the city should determine that it's appropriate to have those types of vendors on a seasonal lease arrangement in Centennial Park … we would open it up to a competitive process, a transparent process that would allow any other businesses that would be interested in that kind of opportunity,” said manager of park planning and development John McMullen on Monday.
