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21 Regular Meeting June 10, 1991 Page 3 The Council requested information regarding how much the City spent to monitor the closed landfill site, and Mr. Gilley stated approximately $25,000 was spent last year over and above what was budgeted for monitoring, as the City was required to monitor additional locations. The Council voted unanimously for approval of the Ordinance on first reading. Mayor Morris 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 SECTIONS 29-111 AND 29-150 OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING A NO PARKING TOW-AWAY ZONE ON WOODS STREET; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. Mr. Hart moved for approval of the Ordinance on first reading and Mr. Moore seconded the motion. Andrea Williams stated she is a resident of Woods Street and this amendment is needed because there is a traffic hazard for residents trying to pullout of their driveways onto the roadway when cars are allowed to park against the driveways. The Council voted unanimously for approval of the Ordinance on first reading. Mayor Morris in~roduced for consideration approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 16, MISCELLANEOUS OFFENSES AND PROVISIONS, OF THE SAN MARCOS CODE OF ORDINANCES TO ADD AN ARTICLE V, CLEAN AIR, INCORPORATING RESTRICTIONS ON SMOKING; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Mr. Moore moved for approval of the Ordinance and Mr. Hernandez seconded the motion. There was a discussion of the use of square footages in determining smoking and nonsmoking areas. Mr. Hart moved to amend section 16-74(2) to change" . . . the preference of the employer. . ." to " . . . the preference of the majority of employees. . .," and Mr. Moore seconded the motion. On roll call the following vote was recorded: AYE: Moore, Hernandez, Hart. NAY: Morris, Plummer. ABSTAIN: None. The motion failed for lack of a majority (four) vote. Mr. Moore stated nonsmoking employees should prevail. Mr. Plummer stated he thinks smokers will be considerate of nonsmokers, and that he does not want this Ordinance to mandate what the employer should do. Mr. Moore stated he thinks employers will support the most stringent Ordinance the City puts in place. Mayor Morris suggested Section 16-74(2) show consideration to the majority. Mr. Hart stated he is not sure the City is providing a Clean Air Ordinance. Mayor Morris moved to amend Section 16-70(1) (A) (7) to add "public areas and common areas of places of employement" and Mr. Moore seconded the motion, which passed unanimously. Mr. Plummer stated he thought this Ordinance would be a compromise of the citizens' desires. Mr. Moore moved to amend Section 16-74(2) to read "If a prevailing consensus of employees as to any portion of the place of employment . . ." and to amend section 16-74(1) to read" . . . separation or partition, the affected employees shall attempt. . .," and Mr. Hart seconded the motion, which passed unanimously. Rod Todd of the Texas Department of Health stated he is a resource volunteer for the American Cancer Society of San Marcos. He requested the Council change the Ordinance to protect all citizens and to provide as safe an environment as possible. He stated smoking is just as dangerous in small buildings as in large, Austin's Ordinance is working well