04282003 Regular Meeting - Laserfiche WebLink

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Regular Meeting April 28, 2003 Page 5 Mayor Habingreither introduced for consideration approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 66, SOLID WASTE, OF THE CITY CODE TO ADD AN ARTICLE 3, COMMERCIAL SOLID WASTE HAULERS; SETTING ANNUAL PER~IT FEES AND STREET USE FEES; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Mr. Mayhew moved for approval of the Ordinance on first reading and Ms. Narvaiz seconded the motion. Mr. O'Leary stated the Council has expressed an interest in regulating Commercial Solid Waste Haulers in town. He stated by regulating the Commercial Solid Waste Haulers, this will help with the quality of their operations and require them to pay for the wear and tear of the streets caused by their equipment. He stated the Staff has recommended a Street Use Fee of 10%. Mr. Mihalkanin stated he feels this cost will be passed onto the customers. Mr. Mayhew inquired what the Street Use Fees would be used for. Mr. 0'Leary stated these fees would go into the General Fund and be used for street programs. Mayor Habingreither stated he feels these fees should be phased in over several years. Ms. Narvaiz stated she feels these fees are in line with other surrounding cities. Mr. Taylor asked if these fees could be set at 5% this year and increase next year. Mr. Mihalkanin stated he feels these fees will hurt smaller companies and help bigger companies. Mr. Mayhew stated he is fine with a 10% Street Use Fee. Mr. Mihalkanin stated he would be comfortable with amending the 10% fee to a 5% fee for a year, and then Council could revisit this fee in a year. Mr. Mark Taylor stated he can change the Ordinance to make the fee effective for a year, and the Council could review the fee again the following year. Mr. Mihalkanin moved to amend Section 66.083(b) to change the 10% fee to a 5% fee and add wording for the fee to be in effect for a year, and after a year, the Council would need to review the fee. Mr. Mayhew stated he wants to see these fees renewed and not die. Mr. Mihalkanin withdrew his motion to amend. Mr. Mihalkanin moved to amend Section 66.083(b) from 10% to 5% and Mr. Mayhew seconded the motion, which passed unanimously. Ms. Narvaiz moved to amend Section 66.080(b) to add inform applicant in writing and Mr. Mayhew seconded the motion, which passed unanimously. Mr. Taylor stated he feels in Section 66.079 where it reads application required, "if any" should be added to the wording. He also inquired as to wording in Section 66.079(6), why the City needs to know if the applicant will provide services to any premises not located in the City. Mr. Mark Taylor stated he is not sure this is important for the City to know. Mr. Taylor inquired whether the City needs to know the disposal location. Mr. Mark Taylor stated he feels the City should know the haulers disposal locations. Mr. Taylor moved to amend Section 66.079(3) to add ~if any" to the sentence and (6) deleting the sentence and Mr. Mayhew seconded the motion. On roll call the following vote was recorded: AYE: Narvaiz, Habingreither, Taylor and Mayhew. NAY: Mihalkanin and Montoya.