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HomeMy WebLinkAboutCC Minutes - 09/11/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--City Hall September 11, 2000 7:30 p.m. COUNCILORS PRESENT: Pat Farr, David Kelly, Bobby Lee, Nancy Nathanson, Gary Pap~, Gary Rayor, Betty Taylor. COUNCILORS ABSENT: Scott Meisner. Mayor James D. Torrey called the meeting to order. He noted that the current meeting was the first time some new policy guidelines regarding public forum and public hearings. He said that those wishing to speak during the public forum must submit a request to speak form to the information desk not later than 7:45 p.m. or the end of the public forum segment of the meeting. He said that those wishing to speak for an agenda item public hearing must submit a completed request to speak form prior to the beginning of the particular public hearing they wished to participate in. He said that no forms would be accepted after the start of the public hearing. He asked the audience, as a courtesy, not to show support or opposition to any person's testimony. I.CEREMONIAL MATTERS Mayor Torrey read a proclamation in support of women in construction. He recognized Eugene Chapter 77 and its many dedicated volunteers for their steadfast work on behalf of support of women in construction and proudly proclaimed the week of September 3-9, 2000, as "Women in Construction Week" and encouraged the citizens of Eugene to congratulate the organization on its many accomplishments. II.PUBLIC FORUM Mitzi Colbath, representing the Churchill Area Neighbors, said that the Churchill Area Neighbors would be applying for a neighborhood matching grant to create a community garden in the Churchill/Kennedy Sports Youth Park neighborhood area. She believed that this was the kind of project the council had envisioned when it created the Neighborhood Matching Grant Program. Susan Ban, 2125 Nirvana Street, stressed the importance of the City Charter Committee transcending the passions of opposing viewpoints. She urged the appointment of members that would work together to bring new and fresh viewpoints to the table. Nicholas Antone Junior, 3868 Hayden Bridge Road, stated that he had been homeless since the City condemned his family's property. He expressed a desire to see the charges settled regarding the City's handling of the case. MINUTES--Eugene City Council September 11, 2000 Page 1 Regular Meeting Mark Harris, PO Box 24941, spoke as a representative of the "1 Too Am Eugene" project. He provided an update on the project that was funded the previous May. He said that the material was being field-tested as curriculum in local schools and expressed his optimism of the materials' educational value. Misha Seymour, 1313 Lincoln Street, raised concern that there were different rules for Eugene citizens who lived in the suburbs of the city. He remarked that the town should be for everyone. Michael Anthony, 925 Chambers Street, stressed the need for freedom of thought and religion in the city. He said that the government should not force morality on the public. He called for a realization of "Cannabis Spirituality" by the people of Eugene. He stressed that people should be free to peaceably assemble. He remarked that he had expressed his views, by e-mail, to the entire council, but had only received a reply from the Mayor, who told Mr. Anthony to stop sending him e-mails. Councilor Rayor commented that the condemnation of Mr. Antone's family property was an issue of neighborhood livability. Councilor Nathanson expressed her pleasure in the idea of a community garden for the Churchill Area but noted that the City Council did not approve the neighborhood matching grants, which were reviewed by a citizen committee. Mayor Torrey commented that he read all e-mails sent to him from the public, but urged citizens not to send him the same material repeatedly. III.CONSENT CALENDAR A. Approval of Minutes: July 10, 2000, Work Session, July 17, 2000, Work Session, July 19, 2000 Work Session, July 24, 2000, Regular Session, July 26, 2000, Work Session, July 31, 2000, Work Session, August 2, 2000, Regular Session, and August 9, 2000, Joint Elected Officials Meeting Councilor Lee, seconded by Councilor Taylor, moved to approve Item A of the Consent Calendar. Roll call vote; the motion passed unanimously, 7:0. B. Approval of Tentative Agenda Councilor Lee, seconded by Councilor Taylor, moved to approve the tentative agenda with the additions of October 23, 2000 worksession on enhanced waterway acquisition, open space acquisition, and a January 17, work session on parking policies. Roll call vote; the motion passed unanimously, 7:0. C. Resolution Number 4645, Amending Eugene City Council Operating Agreements and Repealing Resolution No. 4590 MINUTES--Eugene City Council September 11, 2000 Page 2 Regular Meeting Mayor Torrey noted that Item C would not be voted on but had been discussed during an earlier work session. The resolution would come back with some staff adjustments. IV. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Video Display Gambling Device Tax and Repealing Sections 3.700, 3.702, 3.704, 3.706, 3.708, 3.710, 3.712, 3.714, 3.716, 3.718, and 3.720 of the Eugene Code Mayor Torrey called for all of the "request to speak" forms for the public hearing. Acting City Manager Jim Carlson said that the item was a housekeeping measure to remove sections of the Eugene Code that were not able to be implemented since a court of appeals had declared them invalid following legislation, at the State level, to preclude cities from enforcing this type of ordinance. Mayor Torrey opened the public hearing. Seeing no one wishing to speak, he closed the public hearing and called for comments from the council. Acting City Manager Carlson asked the council to consider Council Bill 4744, an ordinance concerning video display gambling device tax and repealing sections 3.700, 3.702, 3.704, 3.706, 3.708, 3.710, 3.712, 3.714, 3.716, 3.718, and 3.720 of the Eugene Code. Councilor Lee, seconded by Councilor Taylor, moved that the bill, with unani- mous consent of the council, be read a second time by council bill number only, and that enactment be considered at that time. Councilor Nathanson expressed her disappointment in the repeal of the ordinance. She said that the tax would have impacted fewer than 50 individuals in the City and was to be paid only by people who owned gambling devices. Councilor Nathanson went on to say that video poker had noticeable and distinguishable impacts on families. She commented that the State legislation was interfering with home rule authority and taking away something that had been approved by Eugene voters. She believed that the State legislature had set a very bad precedent in enacting the repeal legislation. Roll call vote; the motion passed unanimously, 7:0. Acting City Manager Carlson, asked the council to consider Council Bill 4744 by number only. Councilor Lee, seconded by Councilor Taylor, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and became Ordinance No. 20209. V. PUBLIC HEARING: An Ordinance Concerning the Distribution, Sale, and Consumption of Tobacco; Amending Sections 3.005, 3.990, 6.225, 6.230, 6.235, and 6.990 of the Eugene Code, 1971; Adding Sections 3.500, 3.505, 3.510, 3.515. And 6.240 to that Code; and Providing an Effective Date MINUTES--Eugene City Council September 11, 2000 Page 3 Regular Meeting Mayor Torrey called for the "request to speak" forms for the public hearing. He noted that anyone who wished to speak had to have submitted a request to speak form by this point in time of the meeting. He reiterated that there should be no show of support or opposition to anyone's testimony. He outlined the public hearing process. Matthew Walter, 1200 Hilyard Street, commented that smoking was the most preventable cause of death in the United States. He said that there were over 4,000 chemicals in tobacco smoke, 43 of which were known carcinogens. He said that secondhand smoke was classified as a "Group A Carcinogen" by the Environmental Protection Agency (EPA). He noted that the classification of Group A was the only classification that was proven to cause cancer in humans. Mr. Walter said that secondhand smoke had been passively linked to heart disease. He said that secondhand smoke was the third leading preventable cause of death behind smoking and alcohol use. Tracy Lee, 2480 Devon Avenue, spoke on behalf of Eugene Bingo Mania. She commented that businesses should be required to provide separate areas for smokers and that adults should be able to make the choice of which part of the business to patronize. Larry E. Hale, 2450 Laurelhurst Drive, spoke against the ordinance. He said that smoking was a matter of personal choice and commented that bars would lose business if smoking was not prohibited. He commented that bar owners should be able to post signs for smoking/nonsmoking areas and the City should leave things at that. He added that there were plenty of places for nonsmokers to go that were free of tobacco smoke. Patti Marshall, 2510 Willona Drive, spoke on behalf of Eugene Bingo Mania. She noted that Bingo Mania had a separate area for smokers but that the issue was larger than one of personal choice. Carolyn Laule, 3379 Richard Avenue, spoke as a representative of Willamette Valley Track and Field who received money from Eugene Bingo Mania. She called for an exemption for bars and bingo establishments. She commented that smoking bans harmed bingo for charities, but added that she believed in freedom of choice above all else. Autumn DePoe, 1961 Hilyard Street, remarked that the City had better things to do than waste time with a tobacco ordinance. She commented that nonsmokers had plenty of places to go where they would not have to encounter tobacco smoke. She urged the council not to take the rights away from property owners. Donna Phipps, 2465 Pershing Street, spoke against the ordinance. She stressed her desire to have a right to choose to smoke or not. She said that bar business in the city would be lost since smokers could simply drive to neighboring communities and patronize businesses there. Herb Severson, 4080 Hilyard Street, spoke as a representative of the Oregon Research Institute in support of the ordinance. He reiterated that secondhand smoke was a Class A carcinogen. He said that the ordinance would protect the public and remarked that businesses would not be adversely impacted by a smoking ban. MINUTES--Eugene City Council September 11, 2000 Page 4 Regular Meeting Mr. Severson said that smoking was a public health issue. He commented that the rights of nonsmokers needed to be protected as well. He commented that most children started smoking at the age of 13 and added that one-third of the children who took up smoking would die of smoking- related diseases. He urged passage of the ordinance. Ben Anderson Gifford, 3304 Arrowhead Street, testified that he could not go to public places where smoking was allowed. He urged passage of the ordinance. Brandon Gifford, 3304 Arrowhead Street, urged passage of the ordinance. Nicole H. Wellette, 3304 Arrowhead Street, urged passage of the ordinance. She commented that she became ill in proximity to secondhand smoke. She commented that smoking was an assault on others and read a list of establishments who allowed smoking on their premises. Susan Planner, 1788 Riverview Street, spoke as a respiratory therapist. She said that she had seen the damage caused by secondhand smoke and stressed that passage of the ordinance was of critical concern to public health. Pat Cookson, 2350 Oakmont Way, spoke as a representative of the American Cancer Society and Tobacco Free Lane County. He supported the ordinance. He said that 30 percent of all cancer deaths were caused by tobacco. He commented that businesses had plenty of time to get ready for the ordinance and urged the council to send the right message to the public. Barney McKay, 800 Greg Way, spoke in favor of the ordinance. He said that industry had to be regulated for polluting emissions so there was no reason tobacco products could not be regulated as well. He commented that smoking caused 450,000 deaths each year which was more than the entire amount of American casualties during the three years and eight months the United States was involved in World War II. Roxanne Drake, 828 Ivy Street, spoke as a smoker against the ordinance. She stressed that smoking was her right and that she had few places left to go in the city where she could smoke. Debra I. Brown, 98 West Hillcrest Drive, spoke as an employee of Bingo Mania. She commented that Bingo Mania had gone through an expensive process of installing a separate ventilation system for their smoking area. She said that the United States was a free country and that its people had a freedom of choice to smoke or not. Ms. Brown said that if the ordinance was passed, Bingo Mania would lose much of its customer base. Cory Fisher, 2284 Jenny Lane, spoke as a representative of Bingo Mania. She stressed that Bingo Mania had made an extra effort to keep its smoking area separate from the nonsmoking area. She stressed the freedom of choice issue. Tammy Cole 3854 Kirsten Street, spoke as a representative of Willamette Valley Track and Field and Eugene Bingo Mania. She said that only adults could go to Bingo Mania. She said that there had been a poll taken among Bingo Mania Customers and that 80 percent of the smokers said MINUTES--Eugene City Council September 11, 2000 Page 5 Regular Meeting that they would take their business elsewhere if a smoking ban were passed. She noted that many nonsmokers were against the ban as well since they supported freedom of choice. Thomas Healy, 455 East lsth Avenue, said that smokers were not criminals. He said that Americans were free to make choices. He said that adults could make their own choices. He said that underage smoking was a parental issue, but adults could decide for themselves. Bill Boyce, 4515 Northeast 86th Street, Portland, called for an exemption from the ordinance for bingo halls. He said that smoking was part of the bingo culture. He reiterated that Bingo Mania had created a separately ventilated area for smokers and noted that 55 percent of the patrons of Bingo Mania chose to use the smoking area. He said that the proposed ban would hurt Bingo Mania's business. Viola L. Smith, 1400 Candlelight Drive, spoke against the proposed ordinance. She stressed the importance of freedom of choice and noted that many Americans had died to maintain that freedom. Tom Tracey, 1570 Pearl Street, read excerpts from a Johns Hopkins study and commented that there was sketchy evidence, at best, about secondhand smoke. He urged the council to leave adult establishments alone and concentrate on underage smoking. Terry O'Donnell, 1715 Parnell Drive, commented that if bars were going to be exempted from the ordinance than other public places needed to be exempted as well. Joy Wells, 1573 Fetters Loop, spoke as a teacher who helped teens to quit smoking. She commented that it was a hard habit to break even for young people who had not been smoking very long. She urged passage of the ordinance. She urged the council to consider the human suffering caused by tobacco smoke. James Whetstine, 3924 Robin Avenue, commented that he did not want or need the protection of nonsmokers. He urged the council not to make pariahs out of 25 percent of the adult population of the City by passing the ordinance. He stressed the importance of freedom of choice and urged the council not to legislate morality in a fit of zeal for reforming someone else's bad habits. Dick Stafford, 1617 Adkins Street, spoke as a local bar owner. He said that the council was forgetting that the United States was founded on the concepts of freedom. He stressed that government should not dictate to its citizens how to live their own lives. He added that the proposed ban would hurt his business. Peter Kovach, 5255 West Amazon Drive, spoke as a cancer therapist. He said that he had treated patients who had contracted cancer from secondhand smoke. He reiterated that secondhand smoke was a Class A carcinogen with no safe level of exposure. He stated that secondhand smoke was a public health risk and that the issue of choice was important in that people should be able to choose whether to be subjected to secondhand smoke dangers. Jan Staff, 68 Constantine Place, spoke as a physician. He said that secondhand smoke was the third largest preventable cause of death in the United States. He urged the council to educate people about the dangers of smoking and not ostracize them. He stressed that people should be free to choose whether to be exposed to secondhand smoke. MINUTES--Eugene City Council September 11, 2000 Page 6 Regular Meeting Alexi Miller, 1036 Adams Street, said that he had taken part in a study on tobacco sales to minors. He said that tobacco products were easy to steal. He submitted letters of support for the ordinance to the council and displayed a poster showing businesses who supported the proposed ordinance. Dana Kaye, 2574 Northwest Kinderman, Corvallis, commented that Corvallis had adapted to its own tobacco ordinance quite easily. She added that there had been no problems, in Corvallis, of people having to smoke outside. She said that there would always be opposition to anti-tobacco legislation. Richard E. Lee, 33604 Indian Drive, spoke as a bartender in favor of the ordinance. He related that his employer had tried to institute a separate smoking area and had failed to stop residual smoke in other areas of the business. He looked forward to his first smoke-free day at work. Ken Larson, 2119 Lorane Highway, encouraged the council to adopt the Oregon Liquor Control Commission (OLCC) Responsible Vendor program. He also suggested ticketing underage smokers. Bill Perry, representing the Oregon Restaurant Association, commented that the majority of the population, out after 10 p.m., were smokers. He noted that after Corvallis imposed its smoking ordinance, drunk driving in the surrounding areas went up 91 percent. He cited figures for patrons in Corvallis moving to establishments outside the city. He urged the council to find common ground and work from there. Jackie Driscol, 1415 Bertelson Street, urged the council to have more concern over drunk drivers and to leave smokers alone. Sonia Gohl, 1415 Bertleson Street, expressed her disappointment that she could not vote on the issue and did not have a right to choose. She remarked that no one was forcing nonsmokers to sit next to smokers in public places. She stressed that it was an issue of free choice. She added that smokers were not breaking the law and that underage smoking was a parental issue not a government one. Kate Sullivan, 815 Lawrence Street, said that she had worked in the bar business for 15 years and felt that her health problems were related to secondhand smoke. She stressed that everyone deserved a safe work environment. Munir Katul, 1803 Suncatcher Drive, urged the council to remember the civil rights and liberties of nonsmokers as well as smokers. He commented that it was not a right of smokers to damage the health of nonsmokers and added that he did not want to suffer ill health as a result of someone else smoking. He commented that if people wanted to smoke, then they should keep it away from others. Mayor Torrey called a five-minute recess. Patrick Wells, 1078 EIIsworth Street, commented that he had stopped smoking in his business establishment and business had gone up 30 percent. He suggested that if exceptions were made for businesses, separate entrances should be required. MINUTES--Eugene City Council September 11, 2000 Page 7 Regular Meeting Lee Mortimore, 5295 Donald Street, related how his wife suffered health complications and died from exposure to secondhand smoke. Dr. Sarah Hendrickson, 1036 Adams Street, commented that exposure to dangerous secondhand smoke should not be a condition of employment for people who work in bars, bingo parlors and bowling alleys. She added that everyone deserved clean air and that crafting exceptions to the ordinance would be a legislative nightmare. She added that a smoking ban would not adversely affect business. Elizabeth Thorin, 2648 Augusta Street, spoke as a representative of ARC of Oregon. She urged careful consideration of the smoking ordinance. She said that ARC bingo business could be seriously impacted by a loss of smoker business. Doris Richie, 578 Baxter Road, spoke against the ordinance. She said that she was a bingo player and it was not fair for others to pass judgement on her because she smoked. She said that the City Council "was not God." V. Pat Lombardi, 3326 Storey Boulevard, spoke as a physiology teacher. He submitted written material to the council and those present in the audience showing that secondhand smoke had 25 times the carbon monoxide of regular smoking. He read over a list of other harmful chemicals used in cigarettes and noted that the ammonia used in cigarettes was to help the nicotine vaporize to the effect that smokers were actually freebasing nicotine. Jim Wilcox, 205 West 31st Avenue, commented that enlightened societies protected their citizens from dangers and he believed that it should be the same with smoking. Terry Connolly, representing the Eugene Area Chamber of Commerce, spoke first to youth access. He said that the chamber appreciated the intent of the language in the ordinance. He raised concern that the original penalties for sales employees were too harsh and advocated a similar program to the OLCC Responsible Vendor Program. Regarding the smoke-free workplace component of the ordinance, Mr. Connolly said that the chamber did not dismiss the notion that people deserved freedom to make individual choices, but also believed that conditions that adversely affected health could not be ignored. Mr. Connolly noted that he had presented information to the council prior to its work session on the proposed ordinance. He expressed his pleasure that the comments/suggestions had been worked with by staff. He called for designated smoking areas in bars and restaurants. He also asked for extra time for businesses to become compliant if the ordinance passed. He asked for a two-year extension. He said that it would be unfair to ask Eugene businesses to compete with other businesses in neighboring communities with such a short time to prepare. Clay Par'ton, Oregon Health Division, spoke in favor of the ordinance. Mr. Parton read from a study of the Corvallis ordinance which said ':..the smoking ban, in Corvallis bars, has had little or no economic impact on most establishments and has produced no measurable impact on overafl alcohol sales. It does appear associated with video poker revenues which have affected a few establishments to smafl extent. Some migration of smokers to nearby establishments seems to have occurred, as expected, but the economic impact of this appears offset by increased patronage of nonsmokers..." MINUTES--Eugene City Council September 11, 2000 Page 8 Regular Meeting Mr. Parton said that the council had an opportunity to create a win-win situation by enacting the smoking ordinance and letting businesses attract more nonsmoker business. Suzanne Levinson, 1525 West 13th Avenue, commented that tobacco was a historical accident and that the reason it was so popular was because it had been glamorized by Hollywood. Lucas Mericantante, 2494 Blackburn Street, spoke as a bar owner. He urged the council to let bar owners decide for each individual establishment whether smoking was to be allowed. Clarke Hansen, 2974 Game Farm Road, spoke as a representative for ARC of Oregon. He stressed that the smoking ordinance was not a black and white issue. He also stressed that the decision belonged at the state level. He raised concern that the ban on smoking would cause him to lose enough customers that he would lose his license for his bingo parlor. Lila Adams, 1143 Cinnamon Avenue, related how she had lost her mother to secondhand smoke. She raised concerns over the thousands of employees exposed to secondhand smoke everyday and urged the council to think of statistics as real people. Vicki Chandler, 618 South 34th Street, urged the council to keep an open mind when making the final decision. She raised concern that ARC of Oregon bingo would lose its license if it lost business by banning smoking. Steven Esti, 1802 Lawrence, commented that the ordinance should be put to the voters. He remarked that it was not a complicated issue and that the voters could decided rather than the council alienating pads of the community no matter what its decision was. He reiterated his suggestion of putting the matter to the voters. Toby Hill-Myer, 637 East 39th Avenue, commented that he could not find a place to work since he got sick from breathing secondhand smoke. He urged passage of the ordinance. He opined that businesses would gain nonsmoker business if they banned smoking. Martin Jones, 2300 Parkside Lane, spoke as a physician in favor of the ordinance. He commented that he treated many victims of secondhand smoke. He related how he thought of a list of people in ill health to come and testify against smoking but found out that they were all dead. He commented that no one had the right to expose someone else to poison. Tracey Olsen, 795 Willamette Street, commented that workers had a choice to work in or out of a smoking environment. He also noted that customers made a legal choice to smoke or not. He opined that his business would be hurt by a ban on smoking and that drunk driving would go up in nearby jurisdictions. He suggested trying to get other nearby jurisdictions to also enact the ordinance or to have it done countywide. He submitted a petition with 1,000 signatures against the proposed ordinance. Willie Saleeby, 2793 Powderhorn Drive, related how his business had dropped when he had made it a nonsmoking establishment. He advocated for the idea of separate smoking areas. He commented that loss of business would mean loss of jobs in the area as well. Ward Chase Fairbairn, 550 East 13th Avenue, said that it was his choice to smoke just as it was his choice to run an establishment that allowed smoking. He noted that he had created a MINUTES--Eugene City Council September 11, 2000 Page 9 Regular Meeting separate smoking area for his business. He submitted a petition of 1,500 of his customers who were against the ordinance and commented that people wanted the city to "remain free." Angela Irzyk, 1283 West 4th Avenue, commented that she had moved to Eugene to find intelligent people. She urged the council to not take choices away from the public and commented that it was absurd to think that tobacco could be kept away from children by forcing people to smoke at home. Spencer Whittel, 3431 Timberline Drive, spoke as a local bar owner. He commented that bars would eventually ban smoking on their own, but advocated for the idea of putting the matter to a public vote. He added that surrounding communities would not enact the same ordinances at the same time so Eugene business would just go outside the city to smoke at bars. He suggested legislation at the state or county level. Alan J. Ezelle, 3033 Gateway Loop, commented that the issue was one of personal accountability. He related how his military career had let him see countries with very little personal freedom and urged the council not to take away citizen's freedom of choice. He opined that the whole issue was preposterous and should be dismissed. Ron Willis, 1775 Ridgley Road, related an experience where he had witnessed a clerk accidently selling tobacco to a minor. He remarked that someone's livelihood should not be taken away because of being duped by a minor. He urged the council to adopt the OLCC Responsible Vendor Program. Gary Straube, representing Bari-Mart Stores, said that clerks sometimes made mistakes no matter how well-trained they were in how to refuse a sale. He urged the council to use the OLCC Responsible Vendor Program. Bill Lindon, 867 Liberty Street NE, Salem, spoke as a representative of Seven-11 stores. He submitted written material to the council. He said that Seven-11 had instituted a training program for all of its clerks on how to handle refusal of sales to minors. He opined that the licensing of stores to sell tobacco would not do a thing to stop teen smoking and raised concern that enforcement of the proposed ordinance was too expensive. He remarked that the ordinance, as written, was flawed and suggested using the OLCC Responsible Vendor Program as more of an example. Dorothy E. Sistrom, 3386 Loma Linda Drive, related how she had promised her husband, dying of lung cancer, to do as much as she could to help others quit smoking. She spoke against putting the ordinance to a public vote because she said that out-of-state tobacco money and local bars would collaborate to get the ordinance voted down. She commented that smokers had been duped into addiction by tobacco companies and that the cost of the medical expenses for all of the addicts would rest on society. David Sonnichsen, 2435 Skyline Boulevard, commended the council for considering the ordinance. He said that he viewed the ordinance as a manifestation of human progress. He urged the council not to weaken the language of the ordinance and commented that exemptions would be a logistical nightmare. MINUTES--Eugene City Council September 11, 2000 Page 10 Regular Meeting Tom Fahsbender, 112 East Hilliard Street, urged the council to make bars, taverns, and bingo parlors exempt from the ordinance. He stressed that the tobacco question was an issue of choice and expressed his surprise that the issue was even being discussed by the council. He claimed that the City was being intolerant of smokers and wondered aloud what had happened to the idea of diversity in the community. Misha Seymour, 1313 Lincoln Street, commented that the discussion was an emotional issue. He urged the council not to let any businesses be exempt and urged bar owners to help their patrons "kick" the smoking habit. Lourdes Marte, 1313 Lincoln Street, urged that the ordinance become countywide. She opined that businesses would profit more by the patronage of more nonsmokers. Jack Dresser, 1715 Franklin Boulevard, spoke as the Oregon Research Institute's principal investigator of the study done on the results of the smoking ban in Corvallis. He noted that a study of the outlying areas of Corvallis had been done as well and projected that there would be no significant impact to Eugene businesses if the smoking ordinance was passed. Gary Parks, 2620 River Road, spoke as an Oregon Lottery machine vendor. He raised concern that a smoking ban would be passed by the City Council and harm his business. He commented that making adults smoke in their own homes would be worse for kids than if people had a place to go to smoke. James Hale, 1715 Linnea Avenue, related that he worked for a major grocery chain and did not feel like he was a drug dealer by selling cigarettes. He raised concern that the enforcement policy in the ordinance language was too strict. He urged the council to take a closer look at how the ordinance could realistically be enforced. Adam Bernstein, 1960 Emerald Street, commented that the ordinance was a civil liberties issue. He remarked that it was not the government's place to control legal behavior. He added that people had a choice to patronize businesses where smoking was not allowed and that the city was going about passing the ordinance in an inappropriate way. Michael Drury, 5015 Center Way, spoke representing the Black Forest Tavern. He commented that the patrons that he had talked to did not like the proposed ordinance. He raised concern that the ordinance would be too expensive to enforce. Mayor Torrey closed the public hearing and called for councilor questions/comments. Councilor Rayor observed that the issue was an instance of people being dissatisfied no matter what the outcome of the council action would be. Councilor Nathanson called for more information on the OLCC Responsible Vendor Program and how it would relate to the ordinance. She raised concern that there were many businesses and organizations that supported worthy causes by contributing to the harm of others. She used the sale of fireworks during the summer as an example. Councilor Kelly thanked staff for its work on the ordinance. He called for more information on separate smoking rooms. He noted that the Responsible Vendor Program had been taken into account when the ordinance was proposed. MINUTES--Eugene City Council September 11, 2000 Page 11 Regular Meeting Councilor Kelly said that the proposed ordinance was a public health issue for nonsmokers. He stressed that exposure to secondhand smoke should not be a precondition for employment. Councilor Taylor said that she would support passage of the proposed ordinance but was against the idea of allowing separate smoking rooms in businesses. Mayor Torrey stressed that any decision of the City Council could be referred to voters at a later date. Councilor Pap~ supported the idea of separate smoking rooms and encouraged those present to visit Mr. Selivi's business to see a good example of a separate smoking area. He urged the council to consider extending the deadline for bars and bingo parlors to comply if the ordinance passed. Councilor Kelly noted that there was momentum for a similar ordinance in Springfield. The meeting adjourned at 11:55 p.m. Respectfully submitted, James R. Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council September 11, 2000 Page 12 Regular Meeting