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Item 3A - Minutes Approval
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Item 3A - Minutes Approval
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4/11/2005
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should an incident require them to. Examples of such incidents included deterring minors from drinking <br />or interrupting an altercation between patrons. <br /> <br />Regarding the administrative rule, Mr. Pap6 asked if the 25 percent requirement was for opaque walls or <br />for the open air portion of a facility. Ms. Osborn replied that it referred to the open air portion. Mr. Pap6 <br />indicated that he would support increasing that amount to perhaps 50 percent. <br /> <br />Mr. Pap6 supported the 25-foot buffer but was uncertain how it would be enforced. Ms. Osborn said it <br />would be enforceable for congregating smokers but she did not think it would be possible to regulate <br />smokers as they were walking by a building; however, public information could help promote compliance. <br /> <br />Ms. Solomon wanted to be certain that the City was not taking away the option of having smoking areas. <br />She felt bars and restaurants should have the choice and the option to build a smoking room if that was <br />what their patrons wanted. <br /> <br />Ms. Ortiz wished to stress that she was not against smoking or that smokers were bad people. She felt that <br />smoking was a "sad" addiction. She appreciated that the council was having a good conversation about <br />what was desired in such a facility. She supported making them as airy as possible and not forcing <br />employees to breathe second-hand smoke. <br /> <br />Ms. Bettman commented that the City had allowed the proliferation of these sorts of outdoor facilities and <br />could be stuck with the ones that were already built. She asked if there was a way to temporarily <br />discontinue issuing permits for their construction. Mr. Lidz commented that in the land use context, the <br />City was required to issue or deny permits based on standards that were in place at the time the application <br />was submitted. <br /> <br />In response to a question from Ms. Bettman, City Manager Taylor recommended that the council come <br />back after the break and finish addressing the item, at which time staff could present modifications to the <br />administrative rule extrapolated from the council discussions on it. He did not think it would be prudent <br />to issue a moratorium on permits, given that the action could take place relatively soon. <br /> <br />Ms. Bettman said she was using up a lot of her time trying to define the issue and she had other comments <br />to make. She felt she was not getting anywhere. She reiterated that the City may see a proliferation of <br />permits. <br /> <br /> Ms. Bettman moved to discontinue issuing permits for outdoor smoking areas pending <br /> resolution of the issue. <br /> <br />Mr. Kelly raised a point of order. He stated that a majority of the council would have to agree to override <br />Mr. Poling's request not to take action. <br /> <br />Ms. Bettman agreed to bring this item back. She asked staff to come back with language for a moratorium <br />on the permits at the meeting scheduled for February 28. She reiterated that the key to regulation for her <br />was not only the amount of available air but also whether employees were forced to enter into the smoking <br />areas to serve customers or clean up after them. <br /> <br />MINUTES--Eugene City Council February 23, 2005 Page 3 <br /> Work Session <br /> <br /> <br />
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