Item 3A: Approval of City Council Minutes

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Ms. Bettman, seconded by Mr. Kelly, moved to request the City Manager to revise Ad- ministrative Rule 6.230 to implement new standards for outdoor smoking areas before December 31, 2005, with provisions for a minimum 75 percent opening in wall planes for such roofed areas without allowance for screens and similar side coverings over areas counted as open. Ms. Bettman indicated that her motion was more in line with the council's intent when the ordinance was adopted that there be protected outdoor smoking areas; not that the area be a part of the bar. She stated that Oregon Liquor Control Commission (OLCe) statutes required employees to provide service ifpeople are out in such areas with their drinks; this would provide the greatest amount of protection in that environment. Mr. Kelly stated he would support the motion as the original intent was outdoor smoking areas and this standard came closer to a common sense idea of what was "outdoor" than the current situation at some businesses. Mr. Pape indicated he had seen no empirical evidence that the ordinance and administrative rules now in effect were not doing what the council intended four years ago to protect workers' health. He had not received complaints from either workers or patrons but received complaints from business owners about putting the ordinance into effect. He saw no clear reason to change what was currently in place and encouraged the City to maintain better records on the details and nature of each complaint. Ms. Solomon said she was inclined to support a 50 percent opening standard and referred to earlier testimony to the council that there was no statistical data to support a 75 percent opening over a 50 percent opening. She echoed Mr. Papes concern about how complaints were recorded and tracked to ensure their legitimacy. Ms. Ortiz said in the absence of statistical evidence to support either standard she would err on the side of safety. She would support a citywide ordinance to protect all people, not just those in particular occupations. She said the council should take the lead in setting a standard for expectations for the City and would support any steps that would help make Eugene smoke-free. Mr. Poling, seconded by Ms. Solomon, moved to amend the motion to read "...a mini- mum of 50 percent..." Ms. Bettman declared that the unfortunate aspect of revisiting the issue was that many people had lost the sense of urgency heard from the community when the initial ordinance was adopted. She asserted that many workers had come forward and begged the council for protection. She said councilors were not medical experts and unable to track and analyze specific health impacts of secondhand smoke. She said that medical experts confirmed the need to protect workers from the health hazards of secondhand smoke; 50 percent was still an enclosed area and would put workers in harm's way by requiring them to provide serviCe. Mr. Pryor noted that the council had been discussing a 50 percent standard for some time and he did not hear opposition to that standard in previous meetings and discussions. He recognized that any figure, whether 25, 50 or 75, was an arbitrary number but he felt that there should have been more conversation about a 75 percent standard before it was substituted for the 50 percent standard, which had been extensively discussed. He was inclined to support 50 percent now, with the understanding that a different MINUTES-Eugene City Council Work Session September 28, 2005 Page 3