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<br />Ms. Bettman said she had initially favored making changes through an ordinance, but had some concerns <br />about legal issues that she wanted to discuss with legal counsel more fully. She asked if the council could <br />hold an executive session prior to the public hearing. <br /> <br />Ms. Bettman said the council's original intent was reflected in Section 6.230(3) of the code, which required <br />all employers to provide a place of employment for all employees in which employees were not exposed to <br />the smoking of others. She said that secondhand smoke kills. Workers were not exposed to other toxic <br />substances that jeopardized their health and should not be exposed to secondhand smoke either. She <br />believed everything followed from that core value. For that reason, she thought the City should be <br />considering 75 percent open space and 25 percent enclosure. She believed that a 50 percent enclosure with a <br />roof was "very enclosed" and exposed workers to secondhand smoke. Ms. Bettman indicated she would <br />seek amendments to the ordinance to that effect. <br /> <br />Speaking to the issue of assisting businesses to transition to new facilities, Ms. Bettman said she supported <br />such assistance as long as the business in question was transitioning to something that fulfilled the objective <br />of the original ordinance. She suggested the council look to the Risk Fund for those dollars. <br /> <br />City Manager Taylor indicated that an executive session could occur later that evening if time allowed, <br />following the regular meeting scheduled at 7:30 p.m. <br /> <br />Responding to a question from Mr. Kelly, City Manager Taylor indicated he would prepare an ordinance to <br />extend the moratorium for the council's consideration on September 26. <br /> <br />Mr. Kelly said he liked the idea of offering businesses assistance to ease requirements, and suggested the <br />council could also look to the General Fund Contingency as another funding source. He pointed out that in <br />some cases, those businesses the council was discussing grandfathering in had consciously looked for <br />loopholes in the regulations. He was not willing to "play Santa Claus endlessly" to such businesses. <br /> <br />Mr. Kelly liked the point made by Ms. Ortiz in regard to honoring those businesses that went by the spirit <br />and the letter of the law and wanted to do that in any way the City could. He suggested the City give those <br />businesses recognition. <br /> <br />Mr. Pape noted that the council kept discussing percentages for wall openings, and suggested that that the <br />ratio of the floor area to the wall area and the existing ventilation capacity should be taken into account as <br />well. <br /> <br />Mr. Pape supported grandfathering in the facilities of those businesses that complied with the original <br />ordinance but liked Mr. Pryor's idea of offering assistance to those businesses if the council did not take that <br />approach. <br /> <br />Mr. Pape thought the council already compromised on the moratorium extension and he did not favor any <br />moratorium extension at this time. <br /> <br />Ms. Taylor pointed out that someone had to clean up the smoking areas in question even if they were located <br />outdoors, and people could be exposed to secondhand smoke while cleaning up. She liked the idea of <br />honoring those businesses that complied with the law and did not try to subvert it. <br /> <br />The meeting adjourned at 7: 15 p.m. <br /> <br />MINUTES-Eugene City Council <br />Work Session <br /> <br />September 12, 2005 <br /> <br />Page 13 <br />