Ms.

Herbert.

Good afternoon, Mayor and Council.

Afternoon.

So this is a request to amend sections 19-61 D of municipal code as well as Section 19-205.

The first portion of this, the 19-61D is related to compensatory time, and it applies to exempt employees only.

We are requesting to end compensatory time for exempt employees.

Now this will not apply to police and fire in our non-exempt employees, only exempt employees.

And the expectation is always been that exempt employees would flex their time, work with their supervisor and flex their time.

So this is just a request to end that.

And again, non-exempt employees, please fire, it will not apply to.

Well, we're gonna we're gonna we're gonna take it for granted that our supervisors will give them that flex time they've earned at an appropriate time.

Um well part of the the thing is when you're an exempt employee, uh you are compensated.

Um most of our exempt employees are compensated very well, and we do recognize that many of our exempt employees put in long hours, and yes, our supervisors they work with their supervisors, and then their supervisors should work with them.

And and just so you know, presently the way that it's set up and code, it's not that they're able to get a never-ending amount of um comp time, it's 40 hours max, and after 30 hours 30 um days, it expires.

Okay.

Any questions about all this?

I'll make most of it.

Second.

All in favor?

And I'm sorry.

One more section.

Okay.

Um 19-205.

Um related to severe weather and emergency emergency administrative belief.

Um so what this would do, um, say, for instance, there are times that we have ice or expected some type of inclement weather, and there are employees that are considered non-essential that maybe the mayor would like to allow to come in late once the roads get better, something of that nature.

This would allow the mayor to grant administrative leave for that, and the employees that are deemed essential would get their regular rate of pay.

Currently, the way the code is written, even if an employee is deemed essential and they are currently at work, they're scheduled to work, they automatically get overtime pay.

And I think back in 2014, um the mayor granted administrative leave, and it resulted in like a $300,000 cost.

And so we would like to change that.

Um, and folks would get their regular pay as they normally would schedule to work.

This is fair.

I think that's fair.

Any comments, questions?

No, I agree.

I'll make a motion.

Second.

All in favor?

Thank you, guys.

Thank you very much.

Thank you for I know it's a lot of work keeping up with all this stuff.

Thank you.

Thanks.

Mayo.

Good afternoon.

How are you today?

Good.

I'm so glad.

It's so good to see you.

So, council, I think um, because in in the essence of time, um, my goal in these next, I'm gonna give myself 10 minutes.

Um, my goal in the next 10 minutes is going to be to give you an overview.

You've gotten a chance on pages within your packet.

Um, you've gotten a chance to take a look at the proposed red line changes to the text related to sidewalk cafes.

Um, I'm not gonna ask you today to pass that out of this committee.

Uh, let's we can sit on it possibly until the 18th, and if you are so inclined, we could pass it out of committee on that day.

Um, I do want, I think, today to focus a lot on the fee discussion.

I know that was the item that came up two weeks ago.

Um, so let's get into the sidewalk cafe chat.

Um, as we've discussed a couple of weeks ago, the observations and what our current fees are.

Um, right now, of course, there is a lot of confusion about that overlap between the sidewalk cafe and the right-of-way use permit, the boundaries don't run parallel to the building walls, inconsistent cleaning, but we as the city have our own set of issues as well, um, where we have placed things where we may need some wheel stops and some other things.

So we are all contributing to the challenges that sidewalk cafes have in our downtown and our strip areas.

They're in the way and and they're causing some damage to the infrastructure, and it's got to be there.

Just from a pedestrian perspective, yes, Mr.

Phail, I I agree.

And there's some trees that unfortunately are dying because of past practices of not unstrapping them.

And there's some there are some challenges that we have, certainly.

So, in terms of those recommended changes that you see on in your agenda on pages, starting on page four, um, going through these just very quickly so we can get into the meat of this.

Um, of course, it's unclear uh how that relationship between the right-of-way use permit and the sidewalk cafe permit is.

We recommend um just some more clarification language that says if you have a right of permit granted by the city, um, it does not grant you permission for the commercial use of that sidewalk cafe without a permit.

And we also recommend adding that no new sidewalk cafe permits will be issued to establishments classified as bar club, bar restaurant, or private event space.

Um, those are new zoning classifications within our new zoning ordinance.

Uh, there is only one establishment that falls into uh any of those classifications today, and they already have a sidewalk cafe permit, so they would be able to maintain theirs.

It would not be a new cafe permit related to the area and barriers.

Right now, we require six feet of unobstructed pedestrian pathway.

We do not recommend making that change at all.

We maintain uh that six feet should be required.

Right now, we also allow only the area in front of the business and wrapping around to the side if it's a corner lot, and that barriers are required to separate the cafe area from the sidewalk.

Uh, we want to remove language related to the edges of tree grates and borders, quite frankly, that is just complicated and confusing language, um, and we have not done a good job of enforcing that.

Instead, what we would say is that the barriers are to run in a continuous straight line, perpendicular to the building wall, uh, and connecting to that outer barrier, making perpendicular and straight lines instead of bobbing and weaving.

Uh, we also want to say that the barriers to be affixed to the sidewalk and installed in a manner approved by the city.

As it relates to sanitation, uh, we say that the business is responsible, and we agree the business should be responsible for maintaining the sidewalk cafe to keep it neat and clean.

Uh, today they are supposed to be picking up trash in a hundred feet both sides of their sidewalk cafe at the close of each night.

Um, and most of our businesses do a phenomenal job.

We've got two of our um sidewalk cafe owners here this afternoon from the Tuscaloosa Downtown Merchants Alliance.

Um, we got a chance to talk to them, got a chance to talk to some others.

Um, and what we want to add in in uh combination with the discussions with them is just that quarterly pressure washing is required by the applicant, that the applicant should do that quarterly pressure washing, holding them accountable to maintain their spaces as it relates to furnishings.

We don't propose many changes to what we currently say, we just want to say that they shall be uniform in design.

We don't need a mix of plastic furniture in with metal furniture in the same sidewalk cafe space.

Let's make it neat and tidy.

And then as it relates to alcoholic beverages, uh, we at the request of Chief Blankley are adding in that glass bottles containing alcoholic beverages other than wine bottles are prohibited.

Uh, so you can read that as no beer bottles within that space.

As it relates to queuing, uh, there is a little bit of confusion as I mentioned that um can you maintain a queuing space and a sidewalk cafe?

The current queuing language hints at the idea that you cannot both cue and um do a sidewalk cafe.

We need to make that very plain and say that a sidewalk cafe shall not be used as such if the area is being utilized for queuing.

So we also are proposing to change that queuing permit uh start time right now.

It's at 11 p.m.

We propose pushing that back to nine o'clock at the request of Chief Blankley and the other uh public safety folks.

So those are the red line changes that we've got for you uh within the text.

Do you have any questions on that before we get into fees?

Yes, you might.

Ashley, how was all of how were all of these changes vetted with the business community?

I mean, if we had discussions with downtown merchants, I mean like who all we talked to.

Yeah, we've had a good chance to talk to the downtown merchants, of course, they're here.

We also had a chance to talk uh through Brandon Owens, who is the kind of liaison for the the strip area.

On the strip, there's only three businesses that have a sidewalk cafe, so most on the strip are not impacted.

Uh most of which you see are actually private patios along the strip area.

So we've had a chance uh Glorybound, Egan's and 1225 are the three on the street.

Yes, sir.

Yeah.

And so in talking with all of those folks, we've been able to just to vet those changes.

Um they are minor tweaks with a good impact, especially coupled with the things that the city will be doing uh from a Greensboro Avenue perspective and other infrastructure changes.

So let me so what you're proposing is if they if they ordinarily have queuing, and they also have a sidewalk cafe, they've got to get rid of the sidewalk cafe.

Is that what I understand?

Yeah, so the way the ordinance currently reads, it again it hints at the idea that if you have a sidewalk cafe, you can't also queue in it, or you're supposed to take up the sidewalk cafe and only have it as queuing.

We just want to plainly state that if you have a queuing permit that you can't also have folks uh jumbled up on the sidewalk as well, enjoying the the patio space.

You've got to choose, exactly.

There's no room to do both, and it makes it a little bit harder for that quick glance to see is that the line, or is that you know what's going on in this establishment?

So we just need to make it one or the other.

I got you.

Any questions on the red line?

Who would that impact?

It should not impact anyone.

Um we're moving the the timeline down the nine.

Yes, sir.

And it's either award.

It's either or queuing, or you've got a sidewalk cafe business going on.

Yes.

The establishments that have sidewalk queuing permits read through the hint around, we just need to clarify that it's not we're not hinting that you can't do both.

We are saying you cannot do both at the same time.

Um, but the ones that have queuing permits do a good job of that for the most.

I think it's a little more clear in the queuing permit portion of code, and so this kind of helps equalize them a little bit.

Thank you, Mr.

Holmes.

All right, y'all.

So as we get into fees, as a quick reminder, uh, we charge a 150 application processing fee that is now 156 as it has been adjusted for the CPI.

And we also in 2022 set it at a dollar per square foot for a licensing fee that has also been adjusted for the CPI, and that is now up to a dollar four.

Uh staff is not providing any recommendations related to this.

Let's get into those best practices.

So we took a look at uh five cities in Alabama, as well as a number of cities outside uh the SEC communities or tourist communities because you'll see Asheville, North Carolina there.

Um so taking a look at what other cities in Alabama do, I put Tuscaloosa on the side.

Um, Anniston, Auburn, Birmingham, Northport, and Opalaca all had sidewalk cafe ordinances that were easy to locate their fees for and would answer their phones.

So we appreciate them.

Um it was a little shocking how hard it was to get some of those municipalities to answer an email or answer a phone.

Um but you'll see what other communities in Alabama are doing.

Let's look at elsewhere.

Um, so there are some interesting things that other communities are doing.

You'll see that Asheville, North Carolina calls it an outdoor dining permit.

Uh they do sidewalk dining streeteries, uh, which are using public parking spaces for sidewalk cafes.

Uh, and they also have a public use fee, which coincides.

Uh it would seem the public use fee coincides with the right-of-way use permit concept.

Athens, Georgia is at about a dollar or $1.50 per square foot.

Baton Rouge is at a dollar per square foot.

Fayetteville is taking another look at their ordinance as well.

I promised them I would play nice and share my findings with them.

Greenville, South Carolina is also re-examining their sidewalk cafe or their cafe encroachment permits.

Knoxville is also re-examining it.

There is a recurring theme here where everyone seems to be looking at their sidewalk cafe permits right now.

But of course, with the chamber, we toured Knoxville over the summer.

They're at a $200 annual fee with a four-year contract.

New Orleans charges based on you're either in the French quarter and you're charged per table, or outside of the French quarter, you're still charged per table just at a different rate.

And Oxford, Mississippi charges a market rate rent per month with a four-year contract and increases a dollar per year within that contract to account for CPI.

So all of those things in mind, let's take a look at what that would mean for some of ours here in Tuscaloosa.

So looking at five, they've got 623 square feet and 13 tables out front.

And so you'll see what Tuscaloosa, Birmingham, Asheville, Athens, Auburn, Oxford, and New Orleans, what those charges would all be if we were to apply something similar.

Oxford's interesting.

Yes, sir.

The Oxford model uh makes you take a deep breath.

Do they charge a fee on your bill in Oxford to pay?

I mean, I mean, other than just your cost are good in business.

They charge our own.

Oh, like if they charge if you went to dine.

But I mean, that's $18,000 a month.

So extra like tax or like like something in your bill.

That's a great question.

I um I'm I'm colleagues with the the planning director in Oxford, Mississippi, and I called him to ask what number they were up to.

And uh he told me about their new rates, etc.

And I said, Ben, how?

Um entertainment charge or entertainment.

Because like when you you'll see all the hotel bill, yeah.

You'll have in the New Orleans aware of what I'm saying.

I can't remember, you'll have a some type of fee.

It has to be on the on the critic.

When you said how, what did you do?

He said they are the the businesses are they're paying it.

It's a much smaller area, um, and they they are paying it.

Hello.

I'll ask him if he's putting it on the I'll follow back up.

I'll ask him if he's putting it on the bill, but I don't think that's the people that are using it by it.

Well, for sure.

Yeah.

All right, Alcove has uh has a new facade, and they also have 550 square feet with six tables out front.

Two of those tables seat six, and so you'll see that reflected in the New Orleans uh classification there.

What we charge in Tuscaloosa and the other locations.

Sugo uh along University Boulevard.

So they're an interesting example because they only have 68.4 square feet and no tables.

They utilize this space not for outdoor dining, uh, but to allow people to sit outside in the same way that De Palmas has uh their benches out front.

Monarch has three tables and a hundred and eighty square feet of Sidewalk Cafe.

Of course, they don't have alcohol at their establishment.

Heat pizza with their 585 square feet, nine tables, all of which have at least I was generous, and I gave them seating for six.

Um I think you could squeeze eight in there pretty easily with their picnic tables, but you'll see those costs reflected.

And on the strip down at Glory Bound, they've got 390 square feet with 12 tables, uh, most of which are two or three tops.

So, council, you've got uh in front of you a copy of just the fee portion of this PowerPoint.

Um I think I'd uh I'd ask, I guess, for a little bit of guidance about how you'd like us to weave weave this tale as it comes to fees and what y'all might be looking to entertain.

Comments?

I just you have a recommendation you can bring to us.

Would Athens, Georgia be more comparable to us than some of these others?

I'm just curious.

It depends on the day of the week.

And it depends.

I I mean, truly, I think it depends on the day of the week.

I think it depends on what's going on because Tuscaloosa is not Athens, is not Auburn, it's not, you know, the the other SEC communities that you saw on that list.

I don't think any one of us are really mirror images.

I think we should do 18,000 a month.

18,000 a month.

Is that a motion?

Uh I think we should raise it.

I don't know that we should.

I just think we probably need to stay comfortable with some of the other.

And I know we're not just like them, but yeah, I think you don't want to want two of them.

You know, I don't want to be out of doing it.

I definitely want more details from answer.

I I don't want to revisit this every year.

I wonder if we can have something like every few years it automatically goes up.

Well, and that would so if if I had a recommendation to Mr.

Tiner's uh question earlier, what I will say is this.

Um if the council is to provide a fee increase from a staff perspective and from an external user perspective, I think it would be best to have some level of predictability where we've revisited this now.

We uh we last looked at it in 2022, it's 2025, and we're looking at it.

Um, you know, should we should we expect to look again at 2028, or will the council recommend something that uh allows for a fee increase up to a certain amount, and then you look at it again X years from now or something along those lines?

Yeah, that would be my recommendation if I were to have any.

I agree, you don't want to do it every year, right?

Actually, is there any way to type revenue I look to the revenues?

That sounds unwieldy, but who are you looking to?

They're already paid on their grocery seats as a whole on their restaurant license.

So this is just an additional license for that space.

Because I um I mean you I can go to two or three places right now, and it looks like they're bringing 30% of their revenue in from our sidewalk.

Are you asking?

Can we separate out from the revenue that they earn on our property?

No, we cannot separate that out.

Okay, that they report us, they report to us as one entity.

Okay, but the rest of that sentence was you can pick a handful of places and go out, and they're doing booming business on our sidewalk, and that's okay.

But we're providing that.

Their landlords are charging them for using that property inside.

We're not charging anywhere close to market value for what's going on on the outside, and his officers are police, and and Chris's people are cleaning and Mike's repairing it.

I mean that's that property belongs to the taxpayers of the city, and we're not getting the full squeeze out of that.

Uh also that's that's a boom for Tusk.

I mean, for the most part, I mean we've got some problems, but for the most part, there's a vibrancy that comes uh from from being able to see people out enjoying themselves in nice weather.

Lava patio.

And how we've how we strike that balance between not choking off the business, and we have to realize with with the advent of the um the high proportion of out of state um students now, summers are not what summers used to be here.

I mean it drops off significantly.

So I don't know if we if we try to factor in some seasonal aspect to it as well, but I I hope we will move slowly because I this is important, I think.

Um I don't know that we need to be in a rush, but I do not think we got it right now.

All right, it's not quite a dollar a square foot a year, okay.

So to get us continuing to to move forward though, still moving slowly but moving forward.

What send me in a direction and I'll go?

I I'm I'm gonna I I th I'm wondering can we zoom in?

Well, we we both know yeah, there's places that are booming out there inside.

I mean they're booming, they're making big there are other places, two blocks down around the it's just a quiet little few people it's no you'll strangle it if you mr.

Busby, we're we're running out of time, and I agree with you.

But I'll show it up then.

All right, what what I was wondering, perhaps we could get together uh at some point and discuss it away uh at some point.

I would I wouldn't mind it going up to seven dollars in seven years, but uh I don't know that we're gonna reach a consensus here today.

I think we're gonna have to have a meeting with you and and some things and then run some things by people and do it that way.

I know in 22 we we provided a variety of options.

Uh that one of them included a price per year increase potentially.

Um would you like to to see something along those lines?

I would be for the 18th yes, yes, yes.

Okay, please, thank you.

Any any did you have any more?

I don't want to cut you up.

No, sir, that's all.

All right, any other comments on this?

All right, do we have a move?