Item 2A - Minutes Approval - Laserfiche WebLink

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Mr. Jones stressed that the United States Surgeon General concluded that exposure to second-hand smoke was a common health hazard that was completely preventable. He asked the council to "do the right thing" and fix the loophole. Mayor Piercy closed the public hearing. She thanked everyone for coming before the council to testify. Councilor Kelly also thanked all who testified. He supported adoption of the 25-foot rule and the rejection of the Codification of the administrative rule. He asked what would prevent the council from broadening the language and setting a 25-foot rule for all publicly owned buildings. He suggested this could be answered in a memorandum. Councilor Kelly noted that the councilors had received a packet of photographs of the so-called outdoor smoking areas. He opined that they did not look like porches so much as rooms with slats. He did not believe employees were protected by these outdoor areas. He commended the Duck Inn, Rennie's Landing, and Kow Loon for building actual outdoor smoking areas. Nonetheless, he wished to go beyond the existing language and repeal the administrative rule. He underscored that existing outdoor smoking areas would be grandfathered in. He also wished for better definition of"real" outdoor smoking areas at some future point. Councilor Bettman commented that the outdoor smoking areas were obviously rooms. She averred it was "unfortunate that staff made the administrative rule" to allow this. She said it was inconsistent with the legislative intent of the ordinance. She asked if employees were required to go into the outdoor smoking rooms to serve customers and clean up. City Manager Taylor affirmed that they were. Councilor Bettman hoped that the two portions of the ordinance could be separated. She suggested that the City look at the outdoor smoking areas that met the requirements and codify what they looked like. Councilor Kelly asked staff to define, in a memorandum, what was meant on page 127 by "separated from floor to ceiling." Councilor Pryor commented that the most significant point made in testimony had been made by Dr. Higginson, in that the City's administrative rule could allow structures to be built that could be in violation of State law. He underscored the importance of ensuring that the City of Eugene's laws were consistent with those of the State. Councilor Pap~ recalled that the administrative order was an attempt to assist the bar and restaurant owners who claimed their businesses were going to fail because they did not have smoking areas. He remembered that it was intended that employees should not be required to serve food or alcohol in the smoking areas. He said people had the right to smoke, though he personally did not approve of smoking. Councilor Taylor also recalled that the council had spoken very clearly about not subjecting workers to second-hand smoke. She asked if this also applied to those workers who would have to clean up a smoking area. She noted the issue had arisen in her ward wherein a residence was in close proximity to a smoking area and the residents had complained. She asked what could be done in this case and whether such outdoor smoking areas could be eliminated altogether. Councilor Bettman asked staff to address the question of how an outdoor smoking room or deck interacted with the 25-foot rule. She felt there was an "inherent incompatibility" there. MINUTES--Eugene City Council January 24, 2005 Page 11 Regular Session