Huntsville council holds off on changes to sidewalk policy, at least for another year

An update to the Town’s sidewalk and patio policy, and the establishment of a permitting system for downtown businesses that extend out onto the now-wider Main Street sidewalks, has ruffled feathers among business owners.

Among the proposed changes or updates to the existing 2010 policy are an increase to the liability insurance required, ensuring the municipality is named as an insured party, and ensuring all structures have wheelchair access. The updated policy would also moves from a lease to a permit system, whereby businesses wanting to use the sidewalk would have to pay a fee and get a permit from the municipality.

Lauren MacDermid, Huntsville economic development officer, told council at its April 25 meeting that staff met with the board of the Downtown Business Improvement Area (BIA) on April 6 to explain proposed updates to the policy, answer questions, and receive feedback.

“The policy is focusing on mitigating risk and ensuring safe sidewalk access for everyone,” noted MacDermid.

Prompted by a question from Councillor Brian Thompson, Kirstin Maxwell, director of development services for the Town, said that while the staff meeting with the BIA board was very helpful to staff, “ultimately they were still of the opinion that we shouldn’t regulate any use of the sidewalk at this time and that they weren’t supportive of staff’s recommendation.”

Maxwell added that it is not the intention of staff to add red tape or be a hindrance to any downtown business looking to use part of the sidewalk. “We’re trying to make sure that everything is safe. The largest concern that Town staff have is all to do with risk management, and so this is where the policy was written, with that in mind,” she said.

“I don’t know why staff have suddenly decided to micromanage the BIA,” said Councillor Bob Stone. “They’ve always done a great job monitoring themselves and creating an active downtown core.”

Stone said in the past three decades, other than an instance where a retail merchant tried to get pedestrians to walk under the business’ tent, he has not seen any problems. “Other than that I have not seen anything that was hindering pedestrians, creating anything unsafe for the public, or an eyesore for the street.”

Stone also referenced a section of the proposed policy update brought before council for approval which speaks to ensuring the streetscape remains aesthetically appealing. “Who’s going to decide what is appealing?” he questioned.

In terms of a permit, Stone said: “Staff have told the BIA that it would simply be an easy online application, and that’s all. Well, anybody who believes that has never filed anything with the Town. There are at least six other documents that are necessary with this easy online application. I thought we were trying to reduce red tape and not create more.”

Stone, who owned Christmas Tyme in downtown Huntsville for many years, added: “Please don’t make the businesses jump through any more hoops or pay any more fees than they already do.”

Deputy Mayor Nancy Alcock suggested that staff should have included examples of safety concerns that prompted certain updates to the policy. She also questioned how collaborative the policy update had been given the backlash from downtown businesses—businesses that many councillors had heard from personally. She also said dismantling sidewalk cafés at night seemed problematic.

Alcock also spoke about the need to accommodate cyclists downtown and ensure there is parking for bikes. She suggested that staff and members of the BIA spend the next year working collaboratively on a sidewalk policy.

Councillor Tim Withey said he concurred with everything that had been said by his fellow councillors and added that proof of insurance for businesses that use the sidewalk, as well as naming the Town as an additional insured party, makes sense. “It does not cost the businesses any more money,” he added.

Councillor Dan Armour said there should be some sort of fee to cover staff time.

Councillor Jason FitzGerald said the permitting system seemed a little onerous but agreed about requiring proof of proper insurance.

Councillor Dione Schumacher also said she concurred with everything that had been said by fellow councillors. “I would go with the insurance piece for sure,” she said, adding that she’d like to see any accessibility issues addressed which she thought businesses would agree with.

Councillor Jonathan Wiebe suggested that staff and the BIA meet early next year to assess what went right, and what went wrong. “Maybe there should be a fee to rent space out, I’m not sure what the right answer is. All I think is that this year, of all the years, I think is the year to just try and get things activated with the least amount of policy and red tape, for now.”

Huntsville CAO Denise Corry said it is not the intention of staff to create more red tape. She said staff work with opinions from professionals and input from other municipalities as well, and the decision ultimately rests with council. “It is our job simply to bring recommendations before council, that’s why you’ll see the number of options in the report and we do understand that council has to balance out the needs of the community as a whole as well as the BIA area specifically.”

Huntsville Mayor Karin Terziano said she understood staff’s attempt at due diligence and to make sure that there are rules in place to keep people safe, but downtown businesses are asking for a break and the majority of councillors seem to concur.

“We can’t lose sight of the fact that the downtown, like everybody else, has just been through two years of COVID and they went through two years of having the street ripped up. If we can’t give them one year without any massive rules and regulations to see whether or not we can have a vibrant downtown without causing any problems, then I think we’re being shortsighted,” said Terziano.

Council agreed to reassess a sidewalk policy early in the new year. Merchants will not be charged a fee but they will have to show proof of insurance if they spill out onto the sidewalk.

You can find staff’s report here.

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