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CC Minutes - 01/24/05 Mtg
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CC Minutes - 01/24/05 Mtg
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City Council Minutes
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1/1/2005
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Mr. Jones stressed that the United States Surgeon General concluded that exposure to second-hand smoke <br />was a common health hazard that was completely preventable. He asked the council to "do the right thing" <br />and fix the loophole. <br /> <br />Mayor Piercy closed the public hearing. She thanked everyone for coming before the council to testify. <br /> <br />Councilor Kelly also thanked all who testified. He supported adoption of the 25-foot rule and the rejection <br />of the codification of the administrative rule. He asked what would prevent the council from broadening the <br />language and setting a 25-foot rule for all publicly owned buildings. He suggested this could be answered in <br />a memorandum. <br /> <br />Councilor Kelly noted that the councilors had received a packet of photographs of the so-called outdoor <br />smoking areas. He opined that they did not look like porches so much as rooms with slats. He did not <br />believe employees were protected by these outdoor areas. He commended the Duck Inn, Rennie's Landing, <br />and Kow Loon for building actual outdoor smoking areas. Nonetheless, he wished to go beyond the existing <br />language and repeal the administrative rule. He underscored that existing outdoor smoking areas would be <br />grandfathered in. He also wished for better definition of "real" outdoor smoking areas at some future point. <br /> <br />Councilor Bettman commented that the outdoor smoking areas were obviously rooms. She averred it was <br />"unfortunate that staff made the administrative rule" to allow this. She said it was inconsistent with the <br />legislative intent of the ordinance. She asked if employees were required to go into the outdoor smoking <br />rooms to serve customers and clean up. City Manager Taylor affirmed that they were. <br /> <br />Councilor Bettman hoped that the two portions of the ordinance could be separated. She suggested that the <br />City look at the outdoor smoking areas that met the requirements and codify what they looked like. <br /> <br />Councilor Kelly asked staff to define, in a memorandum, what was meant on page 127 by "separated from <br />floor to ceiling." <br /> <br />Councilor Pryor commented that the most significant point made in testimony had been made by Dr. <br />Higginson, in that the City's administrative rule could allow structures to be built that could be in violation <br />of State law. He underscored the importance of ensuring that the City of Eugene's laws were consistent <br />with those of the State. <br /> <br />Councilor Pap~ recalled that the administrative order was an attempt to assist the bar and restaurant owners <br />who claimed their businesses were going to fail because they did not have smoking areas. He remembered <br />that it was intended that employees should not be required to serve food or alcohol in the smoking areas. He <br />said people had the right to smoke, though he personally did not approve of smoking. <br /> <br />Councilor Taylor also recalled that the council had spoken very clearly about not subjecting workers to <br />second-hand smoke. She asked if this also applied to those workers who would have to clean up a smoking <br />area. She noted the issue had arisen in her ward wherein a residence was in close proximity to a smoking <br />area and the residents had complained. She asked what could be done in this case and whether such outdoor <br />smoking areas could be eliminated altogether. <br /> <br />MINUTES--Eugene City Council January 24, 2005 Page 11 <br /> Regular Session <br /> <br /> <br />
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