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Committee defers NDOT fee changes that would raise permitting and banner charges; director says increase pays for staff hires

6406406 · October 21, 2025
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Summary

The committee postponed action on BL2025-10-63, an ordinance to change various NDOT fees. Council members raised questions about sidewalk-cafe charges and fee indexing; the NDOT director said the increase is intended to fund 15 new staff positions and the ordinance would take effect Jan. 5 if adopted.

The Transportation & Infrastructure Committee voted to defer one meeting consideration of BL2025-10-63, an ordinance amending sections of the Metropolitan Code of Laws (chapters 2.62, 12.56 and Title 13) to modify fees charged by the National Department of Transportation and Multimodal Infrastructure (NDOT).

Sponsors Toombs and Evan Siegel introduced amendments during committee consideration. Councilmember Toombs offered an amendment to the event-and-film banner permit that “changes the event and film permit for these for banners to include a $12 per poll addition to the fee,” according to the committee record; the committee approved that amendment by voice vote. Councilmember Hill then moved a one-meeting deferral so staff, stakeholders and legal counsel could resolve remaining technical and fee-schedule questions; the committee approved the deferral.

Committee members pressed NDOT staff for specifics about fees and implementation. Councilmember Allen asked for clarification about sidewalk-cafe fees, noting a potential conflict between a flat annual fee listed as “$250” and a separate per-square-foot charge elsewhere in the draft. The committee asked NDOT and Metro Legal to clarify which method will govern and how fees will apply to downtown and midtown restaurants.

NDOT staff said the ordinance is intended as cost recovery and to support additional staff. The NDOT director told the committee the fee increase included in the ordinance would allow the department to hire 15 staff: “10 of those folks would be focusing in on, plans and reviews and also in the inspection world,” and five more “that will actually go into the operation world. Those are for permit, for banners.” The director also said the ordinance, as drafted, phases fee increases over three years and then ties future increases to the greater of 3% or the consumer price index to keep pace with salary and operating costs.

Committee members asked about start dates and how revenue estimates matched the current budget. NDOT told the committee the ordinance is intended to take effect Jan. 5 if approved; staff said the original budget language had contemplated a July 1 start but the fee package did not pass in time for hiring to occur. Council members asked for a “true-up” mechanism and further legal guidance on state limits for fee authority.

Action taken: the committee approved a one-meeting deferral to allow further work with stakeholders, Metro Legal and budget staff. The committee also approved the Toombs amendment on banner permits. The director said staff will return with clarified fee schedules, a task force on outdoor-dining fees and more detailed revenue estimates prior to the next committee meeting.