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<br />34 <br /> <br /> <br /> <br />Regular Meeting April 22, 1991 Page 2 <br /> <br /> <br />and Austin has had an ordinance since 1986. Drs. Robert Duran, Dean <br />Jasper, Greg Moore, Al Cairus and Delbert Domstead advised of the <br />diseases and related illnesses caused by smoking and are in support <br />of the Council adopting an ordinance for San Marcos. Dr. Duran, <br />President of the Tri-County Medical Society, stated there are many <br />other doctors who also support the City having an ordinance. David <br />Wiley, President of the Heart Association, stated he is in favor of <br />a Clean Air Ordinance. He stated he is not trying to stop smokers, <br />but does not want smoking allowed where non-smokers have to breathe. <br />Joel Barnard stated there should be separate areas for smokers and <br />non-smokers in restaurants and in workplaces. Sandy Schroeder <br />stated San Marcos needs something more constraining than the <br />Resolution we now have and offers support for the Council's <br />adoption of an ordinance. Jeanna Aycock stated she does not take <br />her two children to eat in restaurants because she does not want <br />them to breathe the smoke and supports an ordinance. Ken Baldwin <br />stated he is a theater student. His parents smoked, and he is <br />healthier since he left home, and stated this is a safety/health <br />issue. Carol Powers of Paper Bear stated she has not allowed <br />smoking in her store for 13 years. She stated there would be more <br />consistency with the adoption of an ordinance, and it would save <br />embarrassment on the part of the business owners and customers who <br />try to smoke. She stated her employees have expressed to her they <br />prefer eating where smoking is not allowed. Jack Lindstrom stated <br />he supports the adoption of an ordinance. He stated more citizens <br />attend Council Meetings since smoking has been prohibited in the <br />Council Chambers. Richard Jurick is in favor of a pro-health <br />ordinance. Ron Hicks stated God gave us our bodies to take care of <br />and that smoking is suicide. The Council reviewed Dr. Welch's draft <br />of the provisions, which was included in the Council's packets. <br />Mayor Morris stated she was in favor of a Clean Air Ordinance in <br />which smoking would be a subsection" and other sections could be <br />added in the future. The Council wants to contact the County and <br />School (and other entities) to see if they want to designate smoking <br />in specific areas with a person in charge. Mr. Guerra stated he is <br />in favor of drafting the ordinance with the provisions of the <br />American Cancer Society submitted by Dr. Welch. Mr. Plummer pointed <br />out the provisions submitted by Dr. Welch would prohibit Furr's from <br />having a smoking area. Mayor Morris stated some alternatives to the <br />proposal are needed for restaurants and bars. Mayor Morris directed <br />Staff review San Francisco, Austin and New Braunfels' ordin~nces. <br />Mayor Morris is opposed to measuring the criteria based on income, <br />wants hotel/motel lobbies to be included (if hotels choose to be), <br />and wants the ordinance to specify who is responsible for posting <br />the notices in buildings. The Council discussed enforcement of the <br />ordinance and requested Staff to get input from the Restaurant <br />Association and local businesses. Mr. Hart stated if the City is <br />going to have an ordinance, to just do it. Dr. Welch stated the <br />draft is not comprehensive enough to cover all provisions but <br />submitted San Francisco and Austin's ordinances as model ordinances <br />to work from. He stated the requirement of walls in restaurants is <br />not realistic and does not want anyone put out of business. He <br />stated the ordinance would be self enforcing if set up right, with <br />the owners or citizens enforcing, then the Health Department if <br />necessary. An ordinance will be presented to the Council the second <br />meeting in May. <br /> <br />Mayor Morris introduced for consideration approval of an Ordinance <br />on first reading, the caption which was read as follows: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, APPROVING THE TRANSFER OF THE EXISTING CABLE TELEVISION <br />FRANCHISE FROM KARNACK CORPORATION TO TCI CABLEVISION OF TEXAS, <br />INC.; PROVIDING THAT THIS TRANSFER SHALL BE SUBJECT TO ALL <br />EXISTING TERMS OF THE CABLE TELEVISION FRANCHISE; PROVIDING FOR <br />WRITTEN ACCEPTANCE TO BE FILED BY TCI CABLEVISION OF TEXAS, <br />INC.; AND PROVIDING AN EFFECTIVE DATE. <br /> <br />Mr. Moore moved for approval of the Ordinance on first reading and <br />Ms. Kissler seconded the motion. Mayor Morris stated the Council <br />needs to be provided financial information for TCI of Texas, Inc. <br />Mr. Steve Smith said thank you on behalf of the Johnson family for <br />