Item 2A: Approval of Minutes - Laserfiche WebLink

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4. PUBLIC HEARING: An Ordinance Concerning Prohibiting Smoking in Public Structures; Adding Section 6.232 to the Eugene Code, 1971; Amending Section 6.990 of that Code; and Providing an Immediate Effective Date City Manager Taylor said this item had been discussed since the council first revisited the issue of smoking in outdoor areas. He stated that the ordinance was designed to create a moratorium on new outdoor smoking areas while the council considered new standards. He asked Permit Review Manager Keli Osborn to speak about the ordinance. Ms. Osborn explained that the new ordinance had been crafted at the request of the council and proposed a prohibition on smoking in new outdoor smoking areas. She said the moratorium would be on use and not on construction. She related that it had been suggested by the council as an interim measure until the council could consider standards for outdoor smoking areas. She noted that the work session scheduled for May 23 would take another look at outdoor smoking area standards. In conclusion, she reported that one proposed outdoor smoking area was in the permitting pipeline as a part of a much larger construction project on River Road. In response to a question from Councilor Kelly, Ms. Osbom said she expected the moratorium would be months in duration and not years. Councilor Kelly noted that he did not see a tentative action date scheduled for this ordinance. Ms. Osborn replied that she had anticipated the council would take action at the current meeting. City Manager Taylor clarified that it would take a unanimous consent to adopt the ordinance at the present meeting, so if one councilor objected it would be scheduled for the next meeting. Councilor Pap6 declared that he would not be able to pass the ordinance without a sunset date. Councilor Bettman stated that she wished to avoid, through this moratorium, the proliferation of more outdoor smoking areas that were inconsistent with the original intent of council. Ms. Osborn said any operation could submit a permit and it could be approved according to existing standards. She added that the Permit and Information Center had posted fliers to help make the public aware that the council was considering this moratorium. Councilor Bettman was amenable to a sunset date and suggested that early fall would be appropriate. She favored adoption at the present meeting. Mayor Piercy opened the public hearing. Bob Jensen, 86635 Pine Grove Road, stated that he could not point to the smoking ordinance as the reason that the Wild Duck Restaurant had closed, but felt that it did "put a hole in the social fabric" of the enterprise. Regarding concerns expressed about employees working in outdoor smoking areas, Mr. Jensen suggested that protective masks would provide sufficient mitigation. He said many industries used such masks to provide safety for employees. He commented that heated smoking areasare provided for the "pariahs" MINUTES--Eugene City Council May 9, 2005 Page 12 Regular Session