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114 Regular Meeting June 13, 1994 Page 5 Mr. Guerra 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 SECTION 2-73(c) OF THE CITY'S CODE OF ETHICS REGARDING RESTRICTIONS ON CITY OFFICERS AND EMPLOYEES APPEARING IN A PRIVATE CAPACITY BEFORE DEPARTMENTS, AGENCIES, BOARDS AND COMMISSIONS OF WHICH THEY ARE NOT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Mr. Guerra moved for approval of the Ordinance on first reading and Mr. Hernandez seconded the motion. Rev. Fuller, Chair of the Ethics Review commission, stated Kyev Tatum had requested the Commission consider the amendment in this Ordinance. Rev. Fuller stated the Commission thought the change was acceptable for Board Members, but not for the city Council. The Commission thought it was an important point to keep Council business matters out of city business. The Commission would be hesitant to allow the Council to be able to go before Boards. The Council's presence at Board Meetings has placed undue influence before Boards in the past. Mr. Moore stated he agreed with Jane Hughson's commenes earlier that Planning Commission and Zoning commission Members should be prohibited from going before the Zoning Board of Adjustments and Appeals, and this tightening of the Ordinance is good if it is enforceable. Mr. Moore stated he did not think Council Members should be able to go before Boards if they would profit in some way, but thinks Council Members should be able to protect their rights regarding their homes and wants that to be allowed. Rev. Fuller stated the Commission does not want the Council's position or the Ordinance to be compromised. Mr. Mooney felt Boards will still be able to make their own decisions. Mr. Guerra stated since it is the Council's power to appoint, some members might be intimidated by a Council Member. Mr. Hart stated good government occurs with the creation of good laws and Ordinances. The City has mechanisms to punish those who abuse this. He stated business people will not be able to serve if their hands are too tied, and the reality is it will limit who will be able to serve. Rev. Fuller stated we need to have the mechanism in place to protect now and in the future, and if the Council chooses not to amend the Ordinance as submitted, he recommends they please leave the Ordinance as is. Mr. Cox stated he can recall some Council's past abuse before Boards. Messrs. Guerra and Mooney preferred to leave the Ordinance as is. Mr. Moore stated Board Members can always appear in their capacity as a Board Member, but wants added to this amendment Planning Commission and Zoning Commission Members to be prohibited to go before the Zoning Board of Adjustments and Appeals. Mr. Taylor will provide wording in a memorandum to the Council for their consideration at the next meeting. Rev. Fuller stated the Ethics Review Commission wants to retain the credibility of the Council. On roll call for second reading the following vote was recorded: AYE: Moore, Hart, Guerra, Hernandez. NAY: Mooney, Cox. ABSTAIN: None. Mr. Guerra 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 ARTICLE IV, SECTION G.4 OF THE CITY SUBDIVISION ORDINANCE REGARDING THE TYPES OF CONSTRUCTION PERMITS THAT ARE ISSUED FOR EXISTING BUILDINGS ON UNPLATTED PROPERTY; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Mr. Moore moved for approval of the Ordinance on first reading and Mr. Mooney seconded the motion, which passed unanimously.