OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tuscaloosa City Council Meeting Summary - November 4, 2025

City Council MeetingsTuesday, November 4, 2025
BodyTuscaloosa, Alabama
SessionCity Council Meetings
DateTuesday, November 4, 2025
StatusFILED
Video Record
0:00 / 26:28

Transcript — Verbatim
0:02

Ms.

0:03

Herbert.

0:07

Good afternoon, Mayor and Council.

0:10

Afternoon.

0:12

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

0:23

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

0:35

We are requesting to end compensatory time for exempt employees.

0:41

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

0:48

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

0:55

So this is just a request to end that.

0:59

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

1:04

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.

1:12

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

1:20

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.

1:38

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.

1:56

Okay.

1:58

Any questions about all this?

2:00

I'll make most of it.

2:01

Second.

2:02

All in favor?

2:03

And I'm sorry.

2:04

One more section.

2:05

Okay.

2:06

Um 19-205.

2:08

Um related to severe weather and emergency emergency administrative belief.

2:14

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.

2:37

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.

2:46

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.

2:56

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

3:07

And so we would like to change that.

3:10

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

3:17

This is fair.

3:18

I think that's fair.

3:19

Any comments, questions?

3:20

No, I agree.

3:20

I'll make a motion.

3:21

Second.

3:22

All in favor?

3:23

Thank you, guys.

3:24

Thank you very much.

3:25

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

3:29

Thank you.

3:30

Thanks.

3:34

Mayo.

3:35

Good afternoon.

3:36

How are you today?

3:38

Good.

3:39

I'm so glad.

3:40

It's so good to see you.

3:42

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.

3:51

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

3:55

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

3:58

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

4:07

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

4:11

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.

4:19

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

4:24

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

4:27

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

4:32

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

4:38

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.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████56%
Economic Development███████████████19%
Personnel Matters██████████13%
Parks and Recreation█████6%
Public Safety█████6%
Summary of Proceedings

Tuscaloosa City Council Meeting: Administrative Codes and Sidewalk Cafe Fees (Nov 4, 2025)

City staff presented amendments to the municipal code regarding compensatory time for exempt employees and emergency administrative leave, followed by a detailed presentation on proposed text changes and fee structures for sidewalk cafes. The meeting was characterized by general consensus on administrative code updates and a deliberative discussion regarding sidewalk cafe fees, with Council unable to reach a final decision on specific rate increases, directing staff to prepare options for a future vote.

Consent Calendar

  • Municipal Code Amendment (Sections 19-61D & 19-205): The Council unanimously approved amendments on an oral motion.
    • Compensatory Time (19-61D): Eliminated accumulations of compensatory time for exempt employees (excluding Police and Fire). Supervisors are expected to manage flex time for these well-compensated employees. The current cap of 40 hours and 30-day expiration remains in place until this amendment.
    • Severe Weather/Inclement Weather (19-205): Authorized the Mayor to grant administrative leave with regular pay to non-essential employees during severe weather events, rather than mandatory overtime pay. This change aims to prevent high costs associated with overtime for essential employees who happen to be present during weather-related closures.

Public Comments & Testimony

  • Tuscaloosa Downtown Merchants Alliance: Two representatives from the Alliance were present to discuss the vetting of sidewalk cafe proposal changes. They confirmed that the proposed text tweaks were discussed with them and the strip area liaison (Brandon Owens) and received feedback.
  • Business Community Representatives: While not speaking as a formal block, the presence of owners from establishments such as Glorybound, Egan's, and 1225 was noted by staff as part of the engagement process regarding the proposed changes.

Discussion Items

  • Sidewalk Cafe Text Amendments (Red Line Changes):

    • Permit Clarification: Proposed language clarifying that a Right-of-Way Use Permit does not automatically grant permission for commercial sidewalk cafe use without a specific cafe permit.
    • Zoning Restrictions: No new sidewalk cafe permits will be issued to establishments classified as Bar/Club, Bar/Restaurant, or Private Event Space, except for the one existing location grandfathered in.
    • Pedestrian Access: Council members and staff unanimously support maintaining the requirement for six feet of unobstructed pedestrian pathway.
    • Barrier Configuration: Proposed to remove complex language regarding tree grates and borders, replacing it with a requirement for barriers to run in a continuous straight line, perpendicular to the building wall.
    • Sanitation & Design: Proposed addition of a requirement for quarterly pressure washing and a mandate for uniform furniture design (no mixing plastic and metal) within the same cafe space.
    • Alcoholic Beverages: Prohibition of glass bottles containing alcoholic beverages other than wine bottles (specifically banning beer bottles) at the request of Chief Blankley.
    • Queuing vs. Cafe: Clarification that establishments cannot utilize sidewalk cafe space for queuing simultaneously. A decision must be made to choose either queuing or a sidewalk cafe in that specific area.
    • Queuing Permit Timing: Proposal to move the start time for queuing permits from 11:00 PM to 9:00 PM, requested by public safety officials.
  • Sidewalk Cafe Fee Structure Analysis:

    • Current Fees: Application fee of $156 (adjusted for CPI) and licensing fee of $1.40 per square foot (adjusted for CPI).
    • Comparative Study: Staff compared Tuscaloosa rates with five Alabama cities (Anniston, Auburn, Birmingham, Northport, Opelousas) and other jurisdictions (Asheville, NC; Athens, GA; Baton Rouge, LA; Fayetteville, AR; Greenville, SC; Knoxville, TN; New Orleans, LA; Oxford, MS).
      • Oxford, MS Model: Cited as a market-rate rent model with a four-year contract, increasing $1.00 per year for CPI, estimated potential cost at $18,000 per month for some businesses.
      • New Orleans, LA Model: Charges per table, differentiated by location (French Quarter vs. outside).
      • Athens, GA Model: Approximately $1.00 to $1.50 per square foot.
    • Council Deliberation:
      • Support for Increase: Council members expressed that current fees do not reflect the market value of public property or the revenue some businesses generate on sidewalks (up to 30% of total revenue reported from sidewalk usage). One member noted the vibrancy brought by patios but acknowledged the need for better compensation for the city.
      • Concerns regarding Impact: Council members expressed concern that raising fees too aggressively could "choke off" businesses, especially given the fluctuating student population and seasonal drops in summer revenue. One member questioned if fees should be seasonal.
      • Predictability: Members requested a structure that avoids annual revisits, suggesting a multi-year fee increase structure or a mechanism to automatically adjust every few years.
      • Recommendation Gap: Staff declined to provide a specific recommendation, asking Council for direction. No consensus was reached on a specific dollar amount or percentage increase during this session.

Key Outcomes

  • Adoption of Administrative Code Amendments: Sections 19-61D and 19-205 were adopted via oral motion with unanimous approval.
  • Deferred Action on Sidewalk Cafe Fees: No decision was made to increase fees effective immediately. Council directed staff to further evaluate options, considering the proposed text changes and the need for predictability (e.g., multi-year increases).
  • Next Steps:
    • Staff to refine fee options and potentially include a mechanism for periodic adjustments (e.g., every 3-4 years).
    • Item to be revisited at the next committee meeting scheduled for November 18.
  • Procedural Note: The Council indicated they would likely vote on the sidewalk cafe fee and text changes together at the November 18th meeting after further discussion and vetting.

Meeting Transcript

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.

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