CC Minutes - 05/23/05 WS - Laserfiche WebLink

Home Browse Search

Mr. Poling believed the motoring public deserved gratitude for its patience regarding the 1-105 Project. He reported that construction crews were moving rapidly to complete the project. In conclusion, Mr. Poling requested that staff submit a memo regarding the status of the Oregon Research Institute (ORI) project. City Manager Dennis Taylor expressed thanks to the media for the outstanding coverage it had provided regarding the 1-105 project. B. WORK SESSION Standards for Smoking Areas Ms. Osbom summarized the Agenda Item Summary (ALS) and explained that staff was requesting direction from the City Council on whether to refine the Outdoor Smoking Area Standards that were currently embedded in the Administrative Rules. She said the rule was not as clear as it could be, and shared that a recent Hearing Official ruling, while upholding the City's enforcement action, noted that although the 25/75 standard was objective, the reference to the provision of a free flow of air was not particularly objective. Ms. Osborn stated that staff's preference was to adopt standards to be incorporated into the City Code that would provide for greater transparency. She distributed a staff information sheet entitled Several Key Questions and reviewed accordingly: (1) Designated outdoor smoking areas -yes or no? (2) If allowed, where can they be located? (3) What standards make sense? (4) If new standards, they do not apply or they do apply to existing outdoor smoking areas (approximately 40 establishments)? Ms. Osborn remarked that a 25-percent opening does not appear as "open" as was originally intended and explained that if the council requests a 50-percent opening, structural changes would need to be made to many of the existing outdoor smoking areas. Mayor Piercy called on the council for comments and questions. Ms. Taylor noted that the primary reason the council adopted the standards under discussion was to protect the health of employees. It was her preference that there be no outdoor smoking areas, and that the City should request establishments to phase out these areas. Ms. Taylor suggested that if these areas were allowed to continue, they should not have walls. Ms. Taylor then turned to the complaint process and asked why the complaints pertaining to smoking areas must be submitted in writing. Ms. Osborn replied that staff required written complaints for all zoning and nuisance complaints (the outdoor smoking areas were treated as such complaints). She went on to say that the department received approximately 400 zoning and nuisance complaints per year, and due to the high workload and the need for adequate information, written complaints were requested. Ms. Osborn added, however, that if there was a threat of an immediate health hazard, an oral or anonymous complaint would be accepted. She said the City does accept confidential complaints and can conceal the identity of complainants. Ms. Taylor pointed out that some people may telephone the City with complaints but do not want MINUTES--Eugene City Council May 23, 2005 Page 3 Work Session