DAPHNE, Ala. — Cigarette smokers can breathe a sigh of relief — and then inhale a bit of nicotine at their favorite restaurant — for now.

The City Council Wednesday voted 5-2 against an ordinance that would ban smoking at city establishments and businesses. Council members Bailey Yelding, Cathy Barnette, Council President Greg Burnam, Ron Scott and Eric Nager voted against the law; Councilmen John Lake and August Palumbo dissented.

The City Council will vote on a revised smoking ordinance during a special meeting DAPHNE, Ala. — Thursday at 6:30 p.m. in City Hall; the regular work session will follow. Wording in the new proposal — now titled “Indoor Air Quality Ordinance” — defines a bar as an establishment with 60 to 65 percent of sales as alcohol.

Palumbo called for last Wednesday's vote that, as Council President Greg Burnam explained, decided on the ordinance as is, with no additions, subtractions or discussion.

Lake after the meeting said he believed the maneuver was meant to prevent an amendment Scott brought in just before Wednesday’s meeting.

According to that amendment, a smoking ban would apply only to new businesses; previously existing establishments would be grandfathered in and could maintain their smoking polices. However, businesses that allow smoking would be required to hang a sign that reads “Smoking Permitted on Premises: Enter at Own Risk.”

“He (Scott) was trying to add a silly amendment to water down the ordinance,” Lake said.

Amid passionate discourse, some city leaders found fault with the more lenient suggestions; others said they voted against the ordinance on its vagueness.

Barnette said she voted against the law because she wanted more clarity on the terminology for a bar. The ordinance defines a bar as a business where food sales are incidental to alcohol sales.

Lake spoke against the night’s decision during council comments when he was stopped by Burnam, who said “Robert’s Rules of Order” doesn’t allow a dissenter to revive the subject during the same meeting. The book includes common procedures that govern meetings, debates and conventions.

City Clerk David Cohen explained that only council comments were open to any subject; other parts of the meeting followed Burnam’s concept.

After the rules were set right, Lake did not back down.

“I’m insulted,” Lake said. “You have showed your personal opinion (to Burnam).”

Lake said he felt upset that someone attempted to quell his opinion.

“You don’t tell people how you feel on an issue, you’re supposed to help facilitate it,” Lake said, alluding to the council president’s duty.

Most city leaders believed there was a probable misunderstanding of the rules in the end.

“Mr. Burnam was trying to be correct,” Scott said. He has been brought to task on it (Robert’s Rules of Order) and we’ll be better for this.”

Palumbo agreed that Burnam may have misremembered the rules. However, he still expressed angst over the decision.

“This is the first time I’ve been disappointed in this council,” he said. “If there’s a way to bring it (the smoking ordinance) back, it’s coming back.”

In other business, Mitchell Davenport of Gateway Company gave reasons to annex property for an affordable housing development in Daphne as high-density multifamily.

Located on Pollard Road just south of Whispering Pines Road, the developer plans 56 units with 10 units per acre — far less than is allowed.

“We want to be a good neighbor,” Davenport said.

A typical house, Davenport explained, comes with 80 percent debt and 20 percent equity. He said Gateway’s affordable housing projects are 50 percent debt and 50 percent equity. The development is not Section 8 — government-subsidized — housing, and all tenants must be employed, he said.

The apartment alternative costs less and is more visually appealing, he said.

“A three-bedroom apartment rents for about $1,000; our three-bedroom houses rent for $650,” Davenport said.

The council will consider the annexation and vote on it at the Feb. 18 meeting.

Also Wednesday:

BRAG has applied for a grant that would pay $50,000 for the first phase toward renovation. The council will match that amount if the grant is received.