Staff member Ashley presented proposed redline edits to the sidewalk cafe ordinance and a companion fee study. She said the packet includes draft text but that the council did not need to act today; staff recommended returning the ordinance for committee consideration on the 18th and focused discussion on fees during this meeting.

Key proposed ordinance changes described by Ashley included clarifying that a right-of-way use permit does not authorize commercial use as a sidewalk cafe unless a sidewalk-cafe permit is also granted; prohibiting new sidewalk-cafe permits for establishments classified as "bar," "club," or "private event space" under the new zoning code (existing permitted cafes would be grandfathered); and retaining a 6-foot unobstructed pedestrian pathway requirement.

On physical configuration, staff proposed removing confusing language about tree grates and borders and instead requiring that barriers run in a continuous straight line perpendicular to the building wall, that barriers connect to the outer barrier in straight lines, and that barriers be affixed to the sidewalk in a manner approved by the city.

Sanitation and maintenance proposals included making applicants responsible for keeping their sidewalk-cafe area neat and clean and adding a quarterly pressure-washing requirement. On furnishings, staff recommended requiring uniform furniture design within a single cafe area.

At Chief Blankley's request, staff proposed banning glass bottles containing alcoholic beverages other than wine (for example, beer bottles) within sidewalk-cafe spaces. Staff also proposed clarifying that sidewalk cafes cannot be used for queuing and that a business must choose between a queuing permit and a sidewalk cafe in the same area. The queuing-permit start time was proposed to move from 11 p.m. to 9 p.m. at the request of public-safety staff.

On fees, Ashley said the city currently charges a $150 application-processing fee (adjusted for CPI to $156) and a licensing fee set in 2022 of $1.00 per square foot, now $1.04 after CPI adjustments. Staff presented benchmarking from five Alabama cities and examples elsewhere (Asheville, Athens, New Orleans, Oxford), which use a range of fee models including per-table charges, per-square-foot rates, market-rate rents, and multi-year contracts often indexed to CPI.

Staff ran example calculations for local businesses showing how different models would affect fees. Councilmembers raised concerns that charging market-rate rent could harm small businesses or drive up consumer costs; others noted substantial variation by location and season, including a large student population that causes sharp seasonal revenue swings.

Councilmembers suggested predictability and automatic indexing (for example, multi-year contracts with CPI adjustments) to avoid annual revisits. One councilmember asked staff to return specific fee options and scenarios at the committee meeting on the 18th; staff agreed. The meeting did not record a final vote on ordinance text or fee levels.

Speakers noted the civic value of vibrant outdoor dining while balancing taxpayer ownership of the right-of-way and the city's costs for policing, cleaning and repairs. Staff underscored the city is not currently capturing market value for use of public sidewalks and recommended a gradual, predictable approach to any fee increases.

Staff will return to the council with detailed fee options and proposed ordinance language for committee consideration on the 18th.