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HomeMy WebLinkAboutCC Minutes - 09/25/00 Meeting MINUTES Eugene City Council Regular Meeting Council Chamber--Eugene, Oregon September 25, 2000 7:30 p.m. COUNCILORS PRESENT: Betty Taylor, Nancy Nathanson, Scott Meisner, Pat Fart, David Kelly, Gary Rayor, Gary Pap~, Bonny Bettman. I.PUBLIC FORUM Mayor James D. Torrey called the regular session of the City Council to order. He explained that, as there was a new rule that limited the public forum portion of the meeting to 30 minutes, the time allowed would be divided equally among those wishing to speak. Mayor Bill Walton of Central Point congratulated the council on its work on the smoking ordinance. He submitted a copy of his city's smoking ordinance. He said that he was a school teacher for 33 years and had seen the detrimental effect of smoking on young people. Joan Hunt, 2693 Canterbury Road spoke as a nonsmoker, but believed that smoking was an issue of personal rights. She said that Bingo Mania was a great thing because it had gone through so much trouble to have a separate smoking area for those who used cigarettes. Jackie Driscol, ~14~15 South Bertelson Road, said that she had heard people comment at the previous public hearing on the smoking ordinance that they wanted to drink without being exposed to smoke. She commented that drinking was more dangerous than smoking and that drunk driving would escalate if the smoking ban applied to adult establishments that sold alcohol. Sonia Gohl, ~14~15 South Bertelson Road, read a poem to the council. William Rogers, 3875 Gilham Road, said that smoking was an issue of choice and that everyone needed a place to go. He urged council not to take those places away from smokers. Dean Mordhorst, 9~1662 North Coburg Road, urged the council not to move the Farmers Market to the fairgrounds. Vicki Chandler, 6~18 South 34th Street, Springfield, spoke as a representative of ARC of Oregon. She said that adults could smoke legally and it was their legal right to do so. Eileen Given, 83609 Rock Hill Drive, urged that bars, restaurants, and bingo parlors be exempted from the smoking ordinance. She said that smokers were being railroaded. She said that many things caused bad air besides smoking. Alan Lee Wagner, 2650 Chuckanut Street, said that forcing smokers to smoke in their homes would expose more kids to the effects of secondhand smoke. He said that even adult smokers did not want to see kids start smoking and opined that more would start if their parents were MINUTES--Eugene City Council September 25, 2000 Page 1 Regular Meeting forced to smoke only in their homes. He said that adults smoking in bars would at least take it out of the view of children. Matthew Ferrelli, 85188 Forest Hill Lane, spoke as a nonsmoker. He opined that a smoking ban would bring down business in the city and said that smoking was an issue of adult choice. Oksanna Schpankyn, 3250 West 18th Avenue urged the council not to ban smoking in adult establishments. She said it would send smokers out to where children were present to be influenced by it. She said that such a ban would be creating a new problem and not getting rid of an old one. Clark Hansen, PO Box 21635, supported the first two parts of the proposed smoking ordinance but urged the rejection of the third part that would ban smoking in adult establishments. He said that it was an issue of choice and rights for adults. Emily Russo, 1530 Washington Street, supported the smoking ban in areas where children could be present, but noted that it was still a free country and adults had the right to smoke at adult establishments. David Marshall, 2620 West 10th Avenue, said that banning smoking in bars would endanger people by putting more drunk drivers on the roads heading out of town to places where they could smoke. Aspen Rosen, 512 West 18th Avenue, said that people should have the choice to smoke at adult establishments. Cory Fisher, 333 River Avenue, spoke as a representative of Bingo Mania. He said that it was an issue of rights and choice for people to smoke and called for exemptions for bars and bingo halls from the proposed smoking ordinance. Tammy Cole, 3854 Kirsten Street, raised concern over a possible smoking ban in adult establishments. She said that instances of drunk driving would escalate. She added that there would be a corresponding loss of business to the city as smokers went to places where they were allowed to smoke. She said that smoking was an issue of rights. Jim Cole, 3854 Kirsten Street, urged the council not to take the rights of its citizens away by passing the proposed smoking ban. Tonie Nathan, 3065 Delta Pines Drive, said that the proposed smoking ordinance was intrusive. He urged the council not to make the city into a dictatorship. He said that the citizens of Eugene did not need government "babysitting" and called on the council to encourage personal responsibility. Lucas Mericantante, 2494 Blackburn Street, raised concern over possible increases in drunk driving that would occur if a smoking ban were enforced in Eugene bars. He called for exemption for adult establishments. Corrie Heselius, 1543 Hilyard Street, said that smoking was an issue of rights and personal choice. MINUTES--Eugene City Council September 25, 2000 Page 2 Regular Meeting Don Biagi, 21 West 6th Avenue, said that there were plenty of places for nonsmokers to go and added that smoking was a matter of choice and personal rights for adults. Cameron Turpin said that smoking was a matter of choice for adults. Ward Chase Fairbairn, 550 East lsth Avenue, spoke against the proposed smoking ban. He urged the council to let adults make adult decisions. Tracey Olsen, 795 Willamette Street, said that smoking was an issue of adult choice. He urged the council to exempt adult establishments from the proposed smoking ban. George Wickes, 1160 Barber Drive, urged the council to keep the Farmers Market where it was currently located. He said that if the market was moved it would take a vital part of downtown away. He urged more council support for the Farmers Market. Duke Carmichael, 304 Adams Street, said that Americans had died for the rights of others and urged the council not to take those rights away. He said that the system was bias since all of the councilors were nonsmokers. Councilor Kelly said that he was the Eugene representative on the Park Blocks Placemaking Committee, and had spoke strongly for keeping the Farmers Market in its place. He urged citizens to speak to the Board of County Commissioners as well since the Farmers Market was placed on County property. Councilor Nathanson said that the City was not trying to discourage the Farmers Market from being downtown. She said that the City was a bystander in the process. She noted that the Ad hoc Committee on Greater Downtown Visioning would like to hear input from the Farmers Market. Councilor Taylor said that the Farmers Market was the best thing downtown. She said it would be regrettable if the market was moved. II.CONSENT CALENDAR A. Approval of Tentative Agenda B. Approval of Resolution Number 4645, Amending Eugene City Council Operating Agreements and Repealing Resolution Number 4590 C. Appointments to Lane County Work Force Partnership Councilor Taylor, seconded by Councilor Fart, moved to approve the items on the consent calendar. Roll call vote; the motion passed unanimously, 8:0. III.PUBLIC HEARING: An Ordinance Concerning Parking Requirements; and Amending Sections 9.015, 9.585, and 9.586 of the Eugene Code, 1971 MINUTES--Eugene City Council September 25, 2000 Page 3 Regular Meeting City Manager Jim Johnson said that the public hearing was scheduled to allow public comments on proposed amendments to Chapter 9 of the Eugene Code to allow expansion of Autzen Stadium without provision of additional parking spaces on site. Planner Allen Lowe provided the staff report. He said that the University of Oregon had requested, in March 2000, that the City Council initiate an amendment to Chapter 9 of the Eugene Code to allow expansion of stadium seating without the provision of additional on site parking spaces. He said that the amendment was initiated on March 13, 2000. Mr. Lowe said that the University was proposing the addition of 11,100 seats to the stadium. He said that the current code would require the University to provide a parking space for every 4.4 seats in the stadium. He said that the stadium expansion, in the current code, would result in an automobile parking requirement of 2,750 onsite parking spaces. He said that the code allowed a reduction in required onsite parking by up to 50 percent with demonstration by the applicant that the use of alternative modes of transportation would reduce the expected vehicle parking space demand. Mr. Lowe said that in 1997 the University requested, and was granted, a 50 percent reduction in the amount of parking on the site. He said that the reduction resulted in a requirement of 4,749 total spaces for the Autzen complex. He said that if the 50 percent reduction was applied to the current request, 1,375 additional spaces would be required for the stadium complex. Mr. Lowe said that the proposed amendment called for 4,749 spaces for the Autzen complex either on site or within 1,000 feet of the property. He said that the amendment also proposed a permanent bicycle parking requirement of 150 spaces and a temporary bicycle parking requirement of 550 spaces. He said that approval of the code amendment was contingent on City approval of an effective transportation demand management (TDM) plan for the stadium. He said that the draft plan required an intergovernmental agreement (IGA) that implemented the TDM plan before the code amendments would be in effect. Mr. Lowe said that on May 9, 2000, the Eugene Planning Commission held a public hearing on the proposed code amendments. On July 31, 2000, the Planning Commission recommended approval of the draft code amendments with certain revisions to the draft code and to the draft TDM plan. He said that those revisions had been incorporated into the material forwarded to the City Council. Mr. Lowe said that the draft TDM plan recommended to the City Council included three options for a future transit station location. He said that the Planning Commission recommendation did not include a recommendation for the proposed transit station site. Councilor Rayor noted that portions of Alton Baker Park were allowed to be used as parking for Autzen events and portions of Autzen's parking were allowed to be used for Cuthbert Amphitheater events. He added that the same IGA required the University to construct a landscape berm and to pick up garbage along Alton Baker Park paths as a condition. He called for a report from staff as to whether the University had fulfilled its agreements. In response to a question from Councilor Taylor regarding the legality of the University charging for on-street parking during events, Mr. Lowe said that he would provide a specific response to council during the work session on the item. MINUTES--Eugene City Council September 25, 2000 Page 4 Regular Meeting In response to a question from Councilor Pap~ regarding what the 550 temporary bicycle parking spaces would look like, Mr. Lowe said that staff and the University had an agreement that the 550 spaces would be put in an attended secure area and that a description would be provided in materials for the work session. In response to a question from Councilor Bettman regarding what criteria existed to ensure that the standard of alternative uses of transportation was being met, Mr. Lowe said that he would respond to the question during the work session. Mayor Torrey opened the public hearing. Victoria Robinson, 2072 Charnelton Street, said that the University's Athletic Department and WISTEC could work side by side. She expressed her desire to see a transit station on University property rather than on the WISTEC parking lot. Alice Parman, 836 Taylor Street, opposed use of WISTEC's parking lot for a transit station. She noted that the council had received many letters supporting WISTEC but questioned if the council had received any letters from the public supporting the University's plan. She said that life was better in communities where decisions were made to support the activities of children and families. Max Chalmers, 4777 Larkwood Street, related how he and his family participated in many WISTEC activities. He urged the council not to make a decision that might harm WISTEC. Zach Chalmers, 4777 Larkwood Street, related how he and his family enjoyed the programs WISTEC had to offer. Robert D. Kelly, 1935 North Danebo Avenue, urged the council to "do the right thing." He remarked that the University could use its own property to build a transit station rather than property owned by the City. Felecia Katz, 2327 Columbia Street, said that WISTEC was a wonderful place for families to spend time together. She believed that the University should use its own property for a transit station instead of taking WISTEC parking. Dana Mafit, 1980 Sunrise Boulevard, spoke of the mentorship program WISTEC had set up to help young girls in science and math. She said that the revenue brought in from allowing parking during football games was a matter of financial survival for WISTEC. She urged the council to protect WISTEC and not the University Athletic Department. Meg Trendler, 735 West 23rd Avenue, submitted written material for the record. She urged the council to strike option 1 of the proposed amendment and remarked that there were other suitable sites on University property where a transit station could be located. Alison Voss, 130 East 49th Avenue, said that WISTEC was already struggling for funding. She said that the loss of revenue from the parking spaces WISTEC charged for during games would only make things more difficult. B. Kevin Burgess, 30984 Fox Hollow Road, spoke as a member of the Board of Directors of WISTEC. He said that the City had been very generous to WISTEC in the form of granting rights MINUTES--Eugene City Council September 25, 2000 Page 5 Regular Meeting to the organization. He said that the City had granted the right to park cars on game days to WlSTEC. As proof of his statement, he called the council's attention to Clause 17 of the lease agreement between WISTEC and the City of Eugene. He opined that every person who parked their car in the WISTEC parking lot on a game day was a patron of WISTEC. Mr. Burgess believed that putting a transit station on the lot that WlSTEC used for parking would interfere with the non-exclusive rights granted to WlSTEC by its lease agreement with the City and would therefore be a violation of that lease agreement. Brian Fitzwater, 22 West 17th Avenue, spoke as instructor at WlSTEC. He said that allowing a transit station to be put on the City-owned parking lot used by WlSTEC patrons would endanger a great learning resource for kids. He said that there were alternate sites on University property that would serve as well as the WlSTEC option. He urged the council to support WlSTEC in its decision. John Applegarth, 1915 Terresa Avenue, said that WISTEC was a positive resource for kids in the area that helped bring quality of life to the region. He raised concern over the potential loss of this resource if the University was allowed to build a transit station in its parking lot. David F. Clark, 925 West Broadway, urged the council to vote against Option 1 of the proposed amendment that would allow a transit station to be built on the parking lot that WlSTEC used. He said that kids needed WlSTEC and raised concern over the loss of revenue that would occur if the facility lost the parking revenue it brought in on game days. Charles Christianson, 2012 McLean Boulevard, urged the council to deny Option 1 of the proposed amendment. He said WlSTEC would lose a third of its annual budget if the transit station were allowed to built on the parking lot that WlSTEC used since it would eliminate parking revenues brought in on game days. He opined that there were suitable sites on University property that would accommodate a transit station. He reiterated the importance of the council denying Option 1 and urged the council not to shut WlSTEC's doors on the children of the community. Gracie Beaver and Natalie Jenson spoke of their positive experiences at WISTEC. They urged the council to keep science within reach of kids. Ms. Jenson added that the choice was a great loss to the community or a transit station. They submitted a petition with 40 signatures supporting the idea of putting the proposed transit station on University property. Jim Krumsick, 85193 Appletree Drive, said that sports were not the answer for all kids. He said WlSTEC met the needs of many kids in the community and urged the council to support WISTEC. Gene Holloter, 1385 Oksanna Street, spoke as a representative of the Citizens Planning Committee for East Alton Baker Park. He said that there was a management plan for East Alton Baker Park that was approved in 1996 by Willamalane Parks and Recreation District. He added that there was a County referendum that called for East Alton Baker Park to be preserved as a natural area for passive recreation. Mr. Holloter said that his committee expected major impacts to East Alton Baker Park as a result of the stadium expansion and the extra people it would bring through the park. He said that the TDM plan did not speak adequately to the mitigation of those environmental impacts. He said that the committee felt that the approval should be delayed until MINUTES--Eugene City Council September 25, 2000 Page 6 Regular Meeting the University agreed to meet with it and incorporated adequate mitigation measures into its expansion plan. He noted that, up until then, the University had refused to even meet with his committee to discuss mitigation measures. Mr. Holloter also noted that his organization supported WISTEC in their position on the transit station and opined that Option 1 was not the best alternative. Dan Williams, 1167 East 22nd Avenue, spoke as a representative of the University of Oregon. He asked that the council support the University's decision and allow the expansion of the stadium without provision of additional on site parking spaces. He referred the council to written material, already submitted, that supported his request. Mr. Williams noted that the University had offered WISTEC $220,000 as a compensation for the loss of revenue that would occur from the installation of the transit station. He acknowledged the importance of WISTEC to the community. David Sonnichsen, 2435 Skyline Boulevard, urged denial of Option 1 submitted by the University. He suggested Option 3 as an alternative. He noted that the University had originally not even submitted a TDM plan when it had gone before the Planning Commission for approval. He said that the University had hired Kittelson and Associates to come up with an idea. Mr. Sonnichsen said that the Kittleson Plan routed pedestrian traffic right through incoming car and bus traffic. He reiterated that Option 3 was much preferable. Charlotte Behm, 731 Poltara Street, spoke as chair of the East Alton Baker Park Citizen's Planning Committee. She noted that the entire committee was composed of volunteers appointed by the City. She said that since she had been chair most of her time had been taken up by the stadium expansion. She said that the University had ignored the committee and not lived up to its agreements and still refused to meet with it. She urged the council to consider how to hold the University accountable for its agreements when it made its decision. Bonnie UIIman, 3350 Oriole Street, urged the council to delay the decision on the expansion until the impacts to Alton Baker Park could be better determined. Walter Pritchard, 2460 Pioneer Pike, noted that the University had two other options that used their own property. He related that he had five children who had all used WISTEC. He urged the council to reject Option 1 because it would set a bad precedent if approved. Charles Biggs, 2405 Willakenzie Street, said that he could not understand the proposal. He said that there were too many other alternatives for the University rather than using the parking lot that served WISTEC. He opined that there had not been enough information forwarded by the University regarding alternative plans. He suggested that there be free bus days citywide on game days, saying that it would reduce the traffic congestion going toward the stadium. Gale Harrison, 265 Figueora Street, said that a parking garage on University property would solve its problems. Roxie Cuellar, 739 South 70th Street, said that WISTEC offered a service to fans that would be eliminated if a transit station was installed. MINUTES--Eugene City Council September 25, 2000 Page 7 Regular Meeting Councilor Taylor, seconded by Councilor Pap~, moved to keep the record open until October 4, 2000. Roll call vote; the motion passed unanimously, 8:0. Councilor Rayor questioned the fact that Autzen Stadium parking was located south of Leo Harris Parkway in City park land. He said that there was a series of intergovernmental agreements with the University that were "rotten, convoluted, and fouled up." He raised concern that previous city managers were not looking out for the best interests of the City and said that the University of Oregon did not follow its intergovernmental agreements until it needed another request to be granted. Councilor Rayor also raised concern that WISTEC was getting revenue from parking located in sites preserved as natural areas. He stressed that park land should be used for the benefit of the citizens of Eugene. Councilor Nathanson noted that a fair offer had been made by the University to compensate WISTEC for the loss of its revenue. She asked for comment from the City Attorney regarding the lease agreement with WISTEC and its exclusive use of the parking lot. She said that the spirit of the agreement defined patrons as people who used the parking lot to go to the museum facility. In response to a question from Councilor Nathanson regarding the value of the lease agreement with WISTEC, City Manager Johnson said that the original agreement was for $12,000 a year and had been reduced to $1 a year in order to help support the nonprofit status of the facility. Councilor Kelly stated his appreciation of the efforts of the University to use alternative modes of transportation to address the parking issue at the stadium. He raised concern that there was nothing in the code about monitoring the effectiveness of alternative modes and said that there needed to be something in the TDM plan that ensured the effectiveness of using alternative modes. He said that more cars in the area on game days would devastate the surrounding area. Councilor Kelly stressed that WISTEC was an important community asset. He expressed a desire to see the University and WISTEC make sure that WISTEC was left whole by whatever agreement came to pass. He said that WISTEC would have to be left whole before he would approve the code amendment. Regarding the location of the transit station, Councilor Kelly expressed a desire to see information from the planners about how impacts to East Alton Baker Park would be addressed. Councilor Meisner stressed that there was no intention of closing WISTEC. He stated that the City supported WISTEC, not only with the $1 a year lease but with other services as well. Councilor Meisner said he supported the stadium expansion and the TDM measures that the University was trying to apply. Councilor Meisner said that he shared some of the environmental concerns voiced by Councilor Rayor regarding allowing parking on grassy areas. He disagreed with the analysis previously given, stating that football game attendees were not patrons of WISTEC. MINUTES--Eugene City Council September 25, 2000 Page 8 Regular Meeting In response to a question from Councilor Pap~ regarding the length of the lease with WISTEC, City Manager Johnson said that it was a one-year lease with an option to renew until March 1, 2003. In response to a question from Councilor Pap~ regarding whether the City leased other facilities to nonprofit organizations, City Manager Johnson said that the City did offer similar lease agreements to a number of organizations. In response to a question from Councilor Pap~ regarding who would be getting the parking revenues if WISTEC was not collecting them, City Manager Johnson said that the City Attorney's opinion was that the 1997 intergovernmental agreement granted the University of Oregon the right to use the parking lot. He noted that the agreement was silent as to whether the University could collect money for parking, but noted that it did not say that it could not. In response to a question from Councilor Pap~ regarding how much square footage WISTEC used, City Manager Johnson said that they used 6,200 square feet out of a 10,000 square-foot facility. Councilor Bettman said that the City of Eugene should be negotiating with the University of Oregon on behalf of WISTEC and the East Alton Baker Park Citizen Planning Committee. She noted that the City and the University were the two land owners involved. In response to a question from Councilor Bettman, City Attorney Glenn Klein said that paragraph 20 of the agreement between the University and the City provided that if WISTEC ceased to exist then the benefits that were going to WISTEC would go to the City until such time as the IGA that expired in 2007 expired. He noted that the terms could then be renegotiated. In terms of which agreement took precedence, Mr. Klein said that the administrative order of 1995 would take precedence. He said that the University of Oregon IGA adopted in 1997 was next. He said that the current WISTEC lease was adopted in 1999 and was subject to the administrative order and any provisions in the University of Oregon IGA. City Manager Johnson said that there was no disagreement between any of the parties concerned that the University, the City, and WISTEC could have done a better job of explaining their agreements over the last four to five years. Mayor Torrey said that he would be silent in the hope that he could act as a facilitator between WISTEC and the University. He stressed the value of both organizations to the community and expressed a hope that things could be settled in an amicable manner. In response to a comment from Councilor Taylor regarding how the City should be able to decide what to do with its own land, City Manager Johnson said that the right to do that had been given away by the intergovernmental agreement and the lease agreement. Councilor Rayor expressed a desire to see a comprehensive replacement for all the IGAs for that area. He stressed the importance of performance measures for the traffic demand management study put in place. He said that the University's offer of compensation was reasonable. Lastly, he remarked WISTEC had no right to sell parking on the grass lot. Councilor Nathanson remarked that from the public testimony it seemed like a case of "David versus Goliath." She did not want to take support away from WISTEC and expressed a desire to see it thrive in the future. MINUTES--Eugene City Council September 25, 2000 Page 9 Regular Meeting Councilor Nathanson raised a concern that WISTEC was developing a business plan and revenue projections that seemed to be based on assumptions that could not be supported by existing agreements and leases. Regarding the University, Councilor Nathanson expressed an interest in Option 2 of the proposed plan and called attention to LTD's remarks about that option. She opined that it should be more seriously considered since it would make transit options more appealing to potential riders. She also called attention to the concerns of LTD regarding the distance riders would have to walk to get to the stadium if Option 1 was approved. Councilor Nathanson expressed concern that not a single University of Oregon employee was able to meet with the East Alton Baker Park Citizen Planning Committee and provide some sort of information. Councilor Kelly noted that a revised Option 3 had been submitted and expressed desire to see a response from the planners of the stadium expansion. He reiterated the importance of regular monitoring of the TDM plan. Councilor Pap~ reiterated the importance of involving the East Alton Baker Park Citizen Planning Committee in the process. He said that both WISTEC and the University were fine organizations but raised concern that revenue was being made from the grass parking lot that should be coming to the City. Councilor Fart said he had discussed the situation with the people who used the parking at WISTEC for games. He acknowledged that it was a small group of people but said they were a group of people that deserved to be heard. He said that if fans thought the University was walking all over them to simply increase its own revenue then the fan base would begin to erode. Mayor Torrey closed the hearing. He noted that the record would remain open until October 4, 2000 at 5 p.m. MINUTES--Eugene City Council September 25, 2000 Page 10 Regular Meeting IV. DISCUSSION: Discussion On An Ordinance Concerning Assessment Procedures; Amending Section 7.175 of the Eugene Code, 1971; and Providing an Effective Date Councilor Taylor, seconded by Councilor Nathanson, moved to direct staff to finalize the ordinance and schedule a public hearing for October 10, 2000. Councilor Pap~ remarked that he was glad that the time had come for the ordinance. Councilor Bettman said that she would support the motion. Roll call vote; the motion passed unanimously, 8:0 V. PUBLIC HEARING: An Ordinance Concerning Offenses; Repealing Section 4.025 of the Eugene Code 1971; Amending Sections 5.005 and 5.010 of that Code; and Declaring an Emergency Mayor Torrey opened the public hearing. Seeing no on wishing to speak, he closed the hearing and called for questions/comments from the council. City Manager Johnson asked the council to consider Council Bill 4745, an ordinance concerning offenses; repealing Section 4.025 of the Eugene Code 1971; amending Sections 5.005 and 5.010 of that code; and declaring an emergency. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at that time. Roll call vote; the motion passed unanimously, 8:0. City Manager Johnson asked the council to consider Council Bill 4745 by number only. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. Roi call vote; the motion passed unanimously, and became Ordinance No. 20210. VII.ACTION: An Ordinance Concerning the Distribution, Sale, and Consumption of Tobacco; Amending Sections 3.005, and 3.990 of the Eugene Code, 1971; Adding Sections 3.500, 3.505, 3.510, and 3.515 to that Code; and Providing an Effective Date And An Ordinance Concerning Tobacco Products and Smoking; Amending Sections 6.225, 6.230, 6.235, and 6.990 of the Eugene Code, 1971; Adding Section 6. 240 to that Code; and Providing an Effective Date And An Ordinance Concerning Prohibited Smoking; Amending Sections 6.225, 6.230, and 6.240 of the Eugene Code, 1971; and Providing an Effective Date City Manager Johnson asked the council to consider Council Bill 474(~, an ordinance concerning the distribution, sale, and consumption of tobacco; amending sections 3.005 and 3.990 of the MINUTES--Eugene City Council September 25, 2000 Page 11 Regular Meeting Eugene Code, 1971; adding sections 3.500, 3.505, 3.510, and 3.515 to that code; and providing an effective date. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read by council bill number only and that enactment be considered at that time. Councilor Kelly explained the procedure for voting on ordinances to the audience. He noted that the first ordinance dealt with licencing and youth access to tobacco, the second dealt with general smoking in work places except in bars, taverns, and bingo parlors, and the third dealt with smoking in bars, taverns, and bingo parlors. Mr. Klein said that staff had received a letter from a business saying that in order to implement a responsible vendor program, one of the provisions in the proposed ordinance dealing with a mandatory suspension and revocation should be changed to "discretionary suspension and revocation." Mr. Klein said that the code currently provided that upon a second judicial or administrative determination the license would be suspended for a period of not more than 45 days, and upon the third determination the license would be revoked. He said that in order to implement a responsible vendor program they would have to amend the ordinance to say that suspensions or revocations may occur. Councilor Taylor, seconded by Councilor Nathanson, moved to amend the motion by changing the "shall" to "may" on page 3 of the ordinance under subsection 4 in paragraphs (a) and (b). In response to a question from Councilor Rayor regarding whether the proposed amendment was a legal requirement, Mr. Klein said that it was not mandatory to make the change but if the change was not made then the goal of having a responsible vendor program for the proposed ordinance would be much more difficult to achieve. Mayor Torrey expressed his desire to see the amendment pass and noted that a responsible vendor type program was what the council was looking for. In response to a question from Councilor Pap~ regarding where the discretion would lie, Mr. Klein said that discretion would lie with the City Manager since the City Manager suspended, revoked, and issued licenses. Councilor Pap8 supported the amendment but called for a stringent monitoring program to see if the responsible vendor program was working. Councilor Bettman said that the original proposed code language did not seem very punitive since it was two violations over a period of 24 months. She raised concern that making the compliance measures discretionary would lead to inconsistent enforcement. Mr. Klein said that the new language would not open the City up to any more liability. Regarding inconsistency of enforcement, he said that the City Manager would have to provide reasons explaining his/her actions of enforcement. He said that the City Manager's decisions would articulate why people were treated differently. MINUTES--Eugene City Council September 25, 2000 Page 12 Regular Meeting Councilor Taylor favored the amendment because it allowed for an honest person who made a mistake. Councilor Kelly reiterated Councilor Pap~ in that he wanted monitoring of the program so that the City knew if it was working the way it should. Councilor Fart favored the amendment for the same reason as Councilor Taylor. He raised a concern that the ordinance addressed such a small part of the problem of teen smoking. He said that small businesses were being "picked on" to address a problem that was not being addressed elsewhere in society. He noted that kids smoking were not stopped on the street and the school yard. Roll call vote; the amendment passed unanimously, 8:0. Roll call vote; the main motion, as amended, passed unanimously, 8:0. City Manager Johnson asked the council to consider Council Bill 4746 by number only. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20211. City Manager Johnson asked council to consider Council Bill 4747, an ordinance concerning tobacco products and smoking; amending sections 6.225, 6.230, 6.235, and 6.990 of the Eugene Code, 1971; adding Section 6.240 to that code; and providing an effective date. Mr. Klein said that the ordinance provided a provision that included smoking rooms. He said that under Oregon Liquor Control Commission (©LCC) rules the ordinance, as currently crafted, would not work. He suggested that if the smoking room provision was included, the council needed to allow employees to enter it. Alternatively, he said that the council could eliminate the smoking room provision. In response to a question from Councilor Pap~ regarding when an employee would be allowed to go in a designated smoking room, Jan Bohman of the City Manager's Office said that the ©LCC required employees to be present where customers were drinking. Councilor Bettman said that the second ordinance needed to pass before the third ordinance could be addressed. Mr. Klein said that if the smoking room provision of the second ordinance was eliminated, then changes would have to be made to the third ordinance as well. Ms. Bohman noted that bingo parlors in Oregon were not adult establishments. She said that if there was an exemption for bingo parlors, they would have to become adult establishments. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read a second time by council bill number only, and that enactment be considered at that time. Councilor Taylor, seconded by Councilor Nathanson, moved to amend the motion by deleting the provision for smoking rooms. MINUTES--Eugene City Council September 25, 2000 Page 13 Regular Meeting Referring councilors to the meeting packet, Mr. Klein noted the changes that would be necessitated by passage of the amendment. In response to a question from Councilor Pap~ regarding whether the ordinance applied only to restaurants or to any public place, Mr. Klein said that definition of a smoking room was a room in a restaurant specifically set aside for patrons to smoke. Councilor Kelly supported the amendment. He said that he could not imagine the designated smoking room, as defined in the ordinance, working in practice. He stressed that exposure to a hazardous substance should not be a condition of employment. Roll call vote; the motion to amend passed unanimously, 8:0. Roll call vote; the main motion, as amended, passed unanimously, 8:0. City Manager Johnson asked the council to consider Council Bill 4747 by number only. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, and became Ordinance No. 20212. City Manager Johnson asked the council to consider Council Bill 4748, an ordinance concerning prohibited smoking; amending sections 6.225, 6.230, and 6.240 of the Eugene Code, 1971; and providing an effective date. Councilor Nathanson said that there could be several options for the proposed ordinance. She suggested that the matter could be put to a vote and expressed a desire for more time to consider the item. Councilor Pap~, seconded by Councilor Fart, moved to postpone the item to a date certain, that date being November 13, 2000. Councilor Kelly was against the motion. He did not expect to hear any new information between now and the proposed date. Councilor Rayor indicated support for the motion. Councilor Meisner said that there were substantial questions about the ordinance. He stressed the importance of having all of the councilors present to make the decision. Councilor Fart supported the motion. He said that the issue was a large one that overshadowed both of the previous ordinances and would affect the travel and consumption habits of the community. He stressed that he was strongly against smoking but stated that he needed more time to make a decision that would affect so many people. Councilor Pap~ noted that he had talked to Springfield City Councilors and he wanted some extra time to see what they were doing to "level the playing field." He raised concern over loss of business to the bar owners in the city. Councilor Rayor suggested urging neighboring jurisdictions to create similar ordinances. MINUTES--Eugene City Council September 25, 2000 Page 14 Regular Meeting Roll call vote; the motion resulted in a tie; Mayor Torrey voted in favor of the motion. The motion passed 5:4, with councilors Bettman, Kelly, Meisner, and Taylor voting in opposition. The meeting adjourned at 11 p.m. Respectfully submitted, Jim Johnson City Manager (Recorded by Joe Sams) MINUTES--Eugene City Council September 25, 2000 Page 15 Regular Meeting