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

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areas were not compliant to bring them into compliance. She said that if the motion was adopted, it would not apply to any business that was not now in compliance. Mr. Papé said that when businesses complied in good faith, regardless of whether it had been expensive, the council should be consistent and not place additional expense on an industry it had already burdened in 2001. He had not seen anyone come forward to ask for additional protection. Ms. Bettman asserted that the motion would create a level playing field and provide help for modifications. She said that some of the outdoor smoking areas that had been built were basically extensions of the facility. She would support the motion. Ms. Ortiz acknowledged those businesses that had gone smoke-free and did not have the opportunity to provide an outdoor smoking area; she thought they should be applauded for their support of the council’s efforts. Mr. Poling agreed with Mr. Papé’s remarks about businesses that had gone to considerable expense to comply with the existing ordinance. He said the changes that would need to be made under the new standards could increase their expenses once again. He appreciated having smoke-free establishments and felt the council should take into consideration the approximately 40 businesses that had gone to the time and expense to comply with the original ordinance. Mr. Poling, seconded by Ms. Solomon, moved to substitute the following motion: Move to request the City Manager to revise Administrative Rule 6.230 to implement new standards for outdoor smoking areas before December 31, 2005, with provisions for granting of legal non-conforming status to existing outdoor smoking areas that were legally created and comply with standards in effect on September 28, 2005. The vote on the motion was a 4:4 tied; 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 explained she voted against the substitute motion because the effort in the original motion to provide a year to comply and provide financial resources was responsive to those businesses that complied with the existing ordinance. Mr. Poling said he would vote in favor of the motion as proposed, although he opposed the principle of forcing change, in order to give those who took the time, effort and money to comply originally a break. The main motion passed unanimously, 8:0. B. WORK SESSION: West University Park Reconfiguration Mr. Poling, seconded by Ms. Solomon, moved to direct the City Manager to execute a property exchange agreement with Bob and Leslie Quinney as described above based on the points of agreements from Attachment B. Ms. Taylor expressed concern about the haste in taking action, which she felt did not benefit the neighbor- hood so much as one developer. She could not support the provision that gave the Quinneys the right to MINUTES—Eugene City Council September 28, 2005 Page 5 Work Session