Committee approves NDOT fee changes after amendments on sidewalk cafes, excavation permits and reporting
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Summary
The committee approved NDOT fee changes after amendments that reduce sidewalk‑cafe costs, raise an excavation permit threshold, and add reporting and KPIs tied to staffing and inspection improvements.
The Transportation and Infrastructure Committee approved an ordinance (BL20251063) to revise multiple fee provisions in Metro code administered by the Department of Transportation and Multimodal Infrastructure (NDOT). The committee considered, amended and approved the ordinance after votes on two separate amendments.
Council member Parker moved Amendment 1, which replaces a proposed per‑square‑foot sidewalk‑cafe fee with three stair‑step flat fees and reduces the maximum annual charge for the largest sidewalk cafés to about $750 under the amendment. NDOT representative Diana Alarcon said the stair‑step approach reflects inspection costs and aligns with similar cities: “we stair stepped it,” she told the committee.
The ordinance also adjusts excavation permits: NDOT staff said the proposal increases the threshold for lower fees from 50 linear feet to 500 feet after industry feedback that typical fiber installs exceeded the lower threshold. Director Darby told the committee the new fees are intended to move the department toward cost recovery and to hire additional inspectors funded by the increased fees.
Council member Hill’s Amendment 2 adds an accountability layer requiring that NDOT report key performance indicators (KPIs) tied to staffing and inspection improvements; the sponsor said the change gives council a decision point on whether to continue fee escalations based on demonstrated performance. The committee approved Amendment 2 on a 6‑0 vote with four members not voting. The final ordinance as amended passed the committee 10‑0.
Staff said the fee changes would become effective Jan. 5; permits submitted before Jan. 5 would be processed at the old fee schedule. NDOT staff said there are currently 15 sidewalk‑dining permits, mostly on Second Avenue, and that under the previous fee structure some businesses could have faced fees in the $5,000–$8,000 range.
Council members raised concerns about the ordinance’s effect on affordable housing and on automatic escalators; one council member said an existing CPI escalator mechanism applies to some Metro fees and staff confirmed that certain utility and permit fees do increase annually based on CPI. A separate amendment to create a reduced fee structure for workforce or affordable housing was discussed but not moved; the council member said departments will work together to bring a recommendation on that issue for future consideration.
The committee approved Amendment 1, approved Amendment 2 (6 in favor, 0 opposed, 4 not voting), and then approved BL20251063 as amended (10 in favor, 0 opposed).
