CC Minutes - 09/28/05 WS - Laserfiche WebLink

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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 standard could be studied and proposed at a later date. He was very concerned about the compliance and non-compliance issue as well. Speaking to Ms. Bettman’s contention that employees were required to provide service in the outdoor smoking areas, Mr. Papé said it was his understanding that the requirement was that employees had to monitor the area and be available in the case of a problem but were not required by the OLCC to enter the area to provide service. He said that a greater health hazard was posed by people smoking in homes and in cars when children were present and if the council was serious about the problem of secondhand smoke, it should consider how to protect youth from this exposure. Ms. Taylor said the council dealt with many issues and could not be expert on all of them. She trusted the experts in the medical field and would support a 75 percent standard. Ms. Bettman clarified that she raised the subject of a 75 percent standard in previous meetings. She noted that the 75 percent standard only related to wall space and did not include the roof. The vote on the amendment to the motion was a 4:4 tie; Mr. Poling, Ms. Solomon, Mr. Pryor and Mr. Papé voting in favor, Ms. Taylor, Mr. Kelly, Ms. Bettman, and Ms. Ortiz voting no; Mayor Piercy cast a vote in opposition to the motion, and it failed on a final vote of 5:4. Mayor Piercy said the City had been told by the County health department that the issue had to be addressed and she listened to those who urged protection for workers in outdoor smoking areas. The main motion passed, 6:2; Mr. Poling and Mr. Papé voting in opposition. Mr. Kelly, seconded by Mr. Poling, moved to extend the discussion by ten minutes. The motion passed unanimously, 8:0. Mr. Kelly, seconded by Ms. Taylor, moved to request the City Manager to revised Adminis- trative Rule 6.230 to provide one year during which existing outdoor smoking areas that were legally created and comply with standards in effect on September 28, 2005, must come into compliance with new standards. Mr. Kelly withdrew his motion. Ms. Taylor withdrew her second. Mr. Kelly, seconded by Ms. Taylor, moved to request the City Manager to revised Adminis- trative Rule 6.230 to provide one year during which existing outdoor smoking areas that were legally created and comply with standards in effect on September 28, 2005, must come into compliance with new standards and further moved to allocate $15,000 from Council Contingency Fund to cover building permit fees for existing, compliant outdoor smoking areas which must obtain building permits for structural changes needed to achieve conformance with new standards. Ms. Taylor agreed with helping those who were compliant and asked if there were businesses that did not comply with the original ordinance. Ms. Osborn responded that the City worked with those whose smoking MINUTES—Eugene City Council September 28, 2005 Page 4 Work Session