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22 Regular Meeting June 10, 1991 Page 4 and when conflicts exist, the preference of nonsmokers should prevail. Dr. Kermit Welch stated the 800 square foot provision should be eliminated. He stated employers do not want to make a decision, and the authority should be established in the Ordinance. He stated this is a health issue, and that the liability issue will make employers responsible. Carol Remy stated she wants to live a drug-free, smoke-free life. She stated most places will designate areas for smokers, and that nonsmokers need to be shown respect and be provided with clean air. Linda Fonz, Manager of Milto's Restaurant, stated they presently provide smoking and nonsmoking areas, but the majority of their customers are nonsmokers, and they would have no problem with an Ordinance manadating no smoking allowed in restaurants. Lloyd Wright stated he was representing Drug Free San Marcos. He provided the Council with an article recently published and stated to the Council recent statistical studies indicate smoking being related to cancer, heart disease and impotence and recommends the Council adopt a Clean Air Ordinance as stringent as the one adopted by the Board of U.T. Regents. Sylvia Newsom stated the original Ordinance was more effective, Austin's Ordinance has been effective, the amendments would force employees to have to quit jobs, and recommended the Council support this community by adopting the original Ordinance. Natalie Brooks, 16 years of age, requested adoption of a Clean Air Ordinance that will protect her. Tammy Brooks requested the Council adopt an Ordinance that will protect her health. George Brooks stated this is a health issue, he has children to protect and wants to protect himself. He stated the Ordinance needs to be stringent to take care of whether or not smoking is allowed in the workplace and that employers do not want to make these decisions. Ilene Welch, Co-President of the American Cancer Society, stated she has letters of support from employers who want a strong Ordinance. She stated some small restaurants (25 or under) have advised her if they were exempted, they would still comply with a no smoking Ordinance. She recommended San Marcos follow the guidelines of Austin's Ordinance. Henry Oles stated he supports the adoption of a strong Ordinance. Ron Graves stated the Council is watering down the Ordinance and making it more complicated with employers being responsible. Dr. Kermit Welch stated he is opposed to the 800 square foot number and wants the Council to adopt something between the Ordinances of Austin and New Braunfels. He does not want to hurt small restaurants, but the amendments do not keep the Ordinance strong enough. He stated citizens going into businesses should be" entitled to clean air at the business locations. The Council voted unanimously for approval of the Ordinance on second reading. Mayor Morris introduced for consideration approval of minutes of the Regular Meeting held May 28, 1991 and adoption of three Resolutions on consensus. The Council removed Item 8.B.(3) to be considered separately. Mr. Hernandez moved to approve the minutes of May 28, 1991 and adopt the remaining two Resolutions on consensus and Mr. Moore seconded the motion, which passed unanimously. The captions of these Resolutions read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO.2 TO THE COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 708402 BETWEEN THE CITY OF SAN MARCOS AND THE TEXAS DEPARTMENT OF COMMERCE; AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT ON BEHALF OF CITY; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING FINAL PAYMENT TO GARICO, INC. FOR INSTALLATION OF THE SUPERVISORY CONTROL AND DATA ACQUISITION ("SCADA") SYSTEM FOR THE WATER AND WASTEWATER UTILITY, ACCEPTING THE PROJECT FOR USE BY THE CITY, AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF $49,946.08, AND DECLARING AN EFFECTIVE DATE. Mayor Morris introduced for consideration Item 8.B.(3) removed from the consensus agenda, adoption of a Resolution, the caption which was read as follows: