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Regular Meeting April 17, 2007 Page 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 90, VEHICLES FOR HIRE, OF THE CITY OF SAN MARCOS CODE OF ORDINANCES TO ADD ARTICLE V, REGULATING RIVER SHUTTLES; ESTABLISHING AN ANNUAL FRANCHISE PROCESS; SETTING A FEE; ESTABLISHING A RIVER FUND; PROVIDING FOR PENALTIES AND ESTABLISHING AN EFFECTIVE DATE. Mayor Narvaiz stated a citizens has signed up to speak on this item. 1) Chris Hackerd, Austin Kayaker company, stated he learned about this proposed Ordinance when was called by a reporter. He stated there is only 4 franchises approved, his company is not one of them. He stated he has been providing kayaker services in San Marcos for years and he would like to be considered for this exemption. Ms. Robertson moved for approval of Ordinance on second reading, and Mr. Guerrero seconded the motion. Mr. Quittner stated he has provided the Council with a few changes to this Ordinance after Rodney Cobb spoke with stakeholders. He stated the changes are in structure of the fees, which would hurt Kayakers more than tubers. He stated gross revenues received from a river operation would be what the fee is based on. He also stated the other changes are in doing a study on the capacity of the river, which may point out that the operators over use the resource. Rodney Cobb, Director of Parks and Recreation, stated he was only made aware of four franchises until today, he stated he does not have a problem with adding a fifth franchise. Mr. Guerrero inquired to whether the City might need to increase the number to six franchises. Mr. Cobb stated he would like to have the flexibility to add additional franchise if they meet criteria, but Staff needs to review the routes for shuttle and other operations first. Mr. Bose inquired to the study regarding the number of tubers put into the river. Mr. Cobb stated he is working with river centers and this study will begin around Memorial Day. He also stated they will know more about the capacity of tubers at the end of the summer. He stated this study is scientific data, which will help with the water clarity and quality issues. Ms. Robertson stated she doesn't see logic of limiting outfitters. Mr. Quittner stated this is the only control the City has is to regulate the business now. Mr. O'Leary stated regulating the businesses will help with parking and traffic issues around Rio Vista. Mr. Guerrero moved to amend the Ordinance ... to include the fifth franchise, and Mr. Thomaides seconded the motion, which passed unanimously. Mr. Bose inquired to how the Staff will know the gross revenues or will we required an audit. Mr. Quittner stated the companies will provide the estimate of their revenue and the City will take their word. Mr. Thomaides stated this is an emotional issue in the community, which he received a number of phone calls. He hopes the community realized this is a broader Ordinance, which is looking out for everyone's safety. He also stated the Interim City Attorney has advised the Council that everyone has to be treated equal. Mr. Guerrero stated he too has received allot of emails and phone calls regarding this issue. He thanked Cody Daily and Randolph Goodman to share their comments. The Council then voted unanimously for the approval of the Ordinance on second reading.