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2 Regular Meeting May 28, 1991 Page 2 which is not on-premises sales and consumption of alcoholic beverages," and Mr. Moore seconded the motion, which passed unanimously. Mayor Morris moved to amend Section 16-72 (d) (1) to read: "A bar, the major business of which is on-premises sales and consumption of alcoholic beverages," and Mr. Hart seconded the motion, which passed unanimously. Mr. Moore moved to amend Section 16-72(b) (5) to read: ". . . separated where feasible from clean air areas. . . ," and Mayor Morris seconded the motion. The Council then discussed the possibility of using square footage measurement. Mr. Moore withdrew his motion and Mayor Morris withdrew her second. Mr. Guerra moved to amend Page 4, Section 16-72 (d) to add (4) to read as follows: "An establishment consisting of an enclosed area of 800 square feet, or less," and Mr. Hernandez seconded the motion, which passed unanimously. Mayor Morris moved to amend Page 5, Section 16-74(2) in the first paragraph to read as follows: ". . . complaint has been voiced, the preferences of ~ proprietor or person in control shall prevail," and Mr. Guerra seconded the motion, which passed unanimously. Mr. Moore made reference to the written policy referred to in the preamble on Page 4, in Section 16-74, and Mr. Taylor stated the City can prepare a draft policy with the assistance of the Health Department that could be used by employers. Mr. Gilley stated with new construction, the City could require through Code requirements a physical separation of smoking and nonsmoking areas, but this would be additional expense to the cost of construction to do so. Mr. Taylor suggested the requirement of a written policy be deleted and will provide more wording at the second reading for the Council's consideration. Rob Robinson stated he thought adoption of this Ordinance would be economically destructive, that it would not send a good message to the public, and that it is his opinion the public does not want this Ordinance. George Brooks stated this Ordinance was not stringent enough and wanted the City to look at the Walnut Creek, California Ordinance. Nolan Bright was in favor of barber shops having an 800 square foot limitation. Dr. Kermit Welch stated the City may want to look at the number of employees rather than square footages in determining designated smoking areas. He felt the Ordinance would be gutted if employees were not made responsible for determining whether or not to have a nonsmoking workplace and that without employers being required to have a written policy, the Ordinance would be of no benefit. He also stated this is a health issue, not a rights issue. Dr. Wes Wallace stated there needs to be segregation of smokers and nonsmokers, felt the Council was considering watering down the effect of the Ordinance and urged the Council to take a strong stand. Ilene Welch stated she is opposed to smoking, has two children who are allergic to smoke and that nonsmokers have a right to breathe clean air. The Council voted unanimously for approval of the Ordinance on first reading. Mayor Morris introduced for consideration adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TRANSFER OF THE EXISTING CABLE TELEVISION FRANCHISE FROM KARNACK CORPORATION TO TCI CABLEVISION OF TEXAS, INC.; PROVIDING THAT THIS TRANSFER SHALL BE SUBJECT TO ALL EXISTING TERMS OF THE WRITTEN ACCEPTANCE TO BE FILED BY TCI CABLEVISION OF TEXA&, INC.; AND PROVIDING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Ordinance on third and final reading and Mr. Moore seconded the motion. The City's financial review of TCI showed their capability of operating the system locally. The Council voted unanimously for adoption of the Ordinance on third and final reading. Mayor Morris introduced for consideration approval of minutes of the Regular Meeting held May 13, 1991 and the Special Meeting held May 20, 1991, adoption of two Ordinances on third and final reading, adoption of six Resolutions, receiving of a report containing the results and analysis of a survey of citizen attitudes about City services and other community concerns with respect to a Master Plan update, adoption of a Resolution approving the final paYment to Cole, Taebel and Wegner for consulting services in connection with a