City staff previews sidewalk‑cafe ordinance tweaks, fee menu and right‑of‑way clarifications ahead of Nov. 4 meeting

City staff presented a preview of planned changes to the sidewalk‑cafe ordinance and related implementation items ahead of a Nov. 4 ordinance proposal. Staff said a moratorium that began in July revealed points of confusion and uneven implementation that the proposed tweaks aim to fix.

Staff (presenter identified in the record as Mr. Fale) explained the difference between the right‑of‑way (ROW) use permit — typically used for constructed, semi‑permanent structures in the ROW — and the sidewalk‑cafe permit, which allows temporary or nonstructural use of public space for café activity. Staff said the two permit types are distinct and that holding a ROW permit does not automatically authorize revenue‑generating usage under a sidewalk‑cafe permit.

Examples staff raised included sidewalk café boundaries not running parallel to building walls, inconsistent cleaning patterns, queuing conflicts in café space, and public infrastructure (sign poles, light poles, fire hydrants) placed within walkways that complicate pedestrian flow. Staff proposed small curb or wheel‑stop adjustments, selective tree trimming or removal to maintain sight lines, and clearer delineation of café boundaries.

Staff reviewed existing fees (a $150 one‑time administrative processing fee and a $1 per square foot annual license fee regardless of alcohol service) and said they would return Nov. 4 with a menu of fee options and draft ordinance language after meeting individually with café owners. Council members asked for comparisons to other communities and signaled interest in ensuring the city is capturing appropriate revenue from use of public property.