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HomeMy WebLinkAbout11/10/1980 Meeting . M I NUT E 5 Eugene City Council City Council Chamber November 10, 1980 7:30 p.m. . COUNCILORS PRESENT: Betty Smith, Scott Lieuallen, Brian Obie, Eric Haws, Jack Delay, D. W. Hamel, Gretchen Miller, and Emily Schue. Regular meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. Mayor Keller explained the ground rules for tonight's council meeting. The Performing Arts Center hearing will last until approximately 8:30 p.m., at which time a public hearing will be held on the smoking ordinance. In the November newsletter of the Whiteaker Community Council, it was stated that a hearing regarding traffic problems on Cheshire Street would be held at this meeting. That information is incorrect; the hearing will be held December 8. I. PUBLI C HEARl NGS . A. Proposed Policy Statements and User Rates for Performing Arts Center (memo and additional information distributed) Mr. Henry stated that discussion will center on the proposed policy statements and user rates for the Performing Arts Center. Dick Reynolds, EPAC Director, will review the mission statement. There are two user group rates--one for commercial users and another for local groups. The objective this evening is to take testimony on all issues and to adopt at least the mission statement. If possible, the commercial rates should also be approved to aid Mr. Reynolds in undertaking bookings as soon as possible. It is not necessary for the council to approve local group rates tonight. The mission statement contains seven items which lay the groundwork for future policy, operational procedure development, and departmental budget develop- ment. These items are: 1) to provide a broad selection of entertainment oppor- tunities presented by a variety of artists; 2) to develop and maintain a public relations and marketing program to encourage use of the facility by local, regional, and national promoters and performing arts companies, to secure increased visibility, and to encourage public use of the facility; 3) to actively pursue a marketing policy to increase audience participation and extend participation to an expanded marketing area; 4) to co-produce as many events as possible to ensure variety; 5) to operate the center equal to highest . MINUTES--Eugene City Council November 10, 1980 Page 1 . industry standards; 6) to strive toward eventual financial independence by . maximizing departmental revenue sources, seeking special grants, using room tax revenues, and pursuing a prudent fiscal plan to expend available plans; and 7) to encourage other uses of the facility when it is not being used by performing arts groups for expansion of the community.s cultural opportuni- ties and to accommodate appropriate public gatherings. It is felt that this will provide for a consistent quality of service and profitability for the center. The commission's mission statement is designated Policy 1. Policy 2 estab- lishes box office operations, concession and novelty sales, provision of house management, stage management technical support staff, ushers, ticket takers, and security as being the exclusive responsibility of the center.s man- agement. Policy 3 provides for up to 16 house seats. Policy 4 requires that staff develop a tenant agreement form to protect the City from unneces- sary liability exposure from tenants. Policy 5 allows the Executive Direc- tor' flexibility to respond to atypical market conditions when the halls are not in use. Policy 6 is to recognize the desire to provide local performing arts organizations with a reduced user rate for their use of either hall. The definition of local non-commercial performing arts organizations would have all of the following characteristics: 1) be exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; 2) be organized and operated exclusively to foster appreciation for performing arts; 3) be a bona fide organizational structure with a governing body and active manager or pro- ducer/director; 4) have a majority of its members residing in the City of . Eugene; 5) have its office or mailing office in the City of Eugene; and 6) perform regularly in the City of Eugene. This is not, however, to permit local non-commercial performing arts organizations to serve as a method for persons not qualified for special rates to use the center at those rates, but would not preclude guest artists' appearances. Mr. Reynolds explained that the recommendations of the Performing Arts Commis- sion for commercial rates for the large hall single performance are $1,200 per day/ five percent; for a second performance the same day, $900/five percent; for a multiple-day performance, $l,OOO/five percent; for non-performing events, $1,000; and other rates for ingress/egress and rehearsals. By comp ar i son, non-commercial rates for a single performance would be $1,000; for a second performance the same day, $800; multiple-day performances would cost $900; non-performing events would cost $900; and the ingress/egress and rehearsal costs would be the same as for commercial use. In the small hall, commercial rates would be $350 for a single performance; $250 for a second performance the same day; $300 for a multiple-day event; $250 for a non-performing event. Non-commercial rates for the small hall would be $300 per single performance; $200 for a second performance the same day; $250 for a multiple-day event; and $200 for a non-performing event. Also in the small hall, the ingress/ egress and rehearsal rates would be the same for both types of users. These rates have been discussed at three previous meetings including at a Performing Arts Commission public hearing and one City Council meeting. They al so have . MINUTES--Eugene City Council November 10, 1980 Page 2 I' . forecast what would happen if volunteers were used rather than all paid per- sonnel. These volunteers would be a way that local non-commercial users could save on the cost of reimbursables although it would not reduce the rental rates. They have made a forecast maximizing these opportunities. Although it would require using a limited number of regular staff with the volunteers, net savings could amount to $363.40 in the large hall and $130.84 in the small hall. These are raw figures which do not include any payroll assessments. These figures were based on those from Portland. Mr. Reynolds stated that the budget was developed over two years prior to the opening date and reflects a best guess of expected income and usage. It is projected that the large hall will be in use 190 days and the small hall will be in use 200 days the first full year of ' operation. 1982 dollars are reflected. They may change due to inflation or a change in room tax revenues. The budget was developed to estimate the Eugene Arts Foundation subsidy and it, was estimated for fi ve years. It is important to establish user rates as soon as possible so that local groups can plan ahead. It is also necessary to let people outside the area know what the rates will be. Mr. Delay asked how the commercial rates were established and if they are higher than for comparable facilities. Mr. Reynolds stated that they had surveyed other facilities and there is a strong trend to use a percentage against a minimum. The figures presented keep pace with rates anticipated in Portland, Seattle, Sacramento, Spokane, and San Diego. Mr. Delay asked if these figures are about the same as those used for comparison. Mr. Reynolds stated . that they are, but these figures are three months old. Mr. Delay expressed concern that the projected room tax figures do not include those to be used for debt retirement of the parking structure. Mr. Henry stated that in regard to the parking structure, they had used only 25 percent of the projected Hilton Hotel's room tax, not all of the room tax. These projections are conservative and do not reflect the Hilton room tax. Public hearing was opened. James Aday, 3900 Langton, stated that he is a member of the Performing Arts Commission and is a performing artist who expects to use the facility. His primary sympathy lies with the performing artists. The process of determining fees has not been easy and some discussions have been difficult. The rate structure is fair and is needed to ensure that the Performing Arts Center and local arts groups survive. They are trying to make certain that there is room for the director of the center to negotiate the best program at the best terms. The groups should have strong audiences and a strong facility. If the rates are cut back as a policy rather than a negotiable item, it will cause long-term problems. He supports the staff recommendation, realizing allowances must be made for possibilities of negotiation and marketing. However, some local artists feel cutbacks must be made. He hopes that the council will recognize that the commission established the rate structure to allow all to work together. . MINUTES--Eugene City Council November 10, 1980 Page 3 Sally Weston, 2595 Highland Drjve, member of the Performing Arts Commission, . st'ated that everyone 1S grasping at unknowns. The prevail ing rate is known and it is also known that we do not wish this center to operate too far in the red. It is only guesswork as to how many times local groups can afford to use the facility. The budget will be subsidized 75 percent by the Eugene Arts Founda- tion and room tax funds; tenants wi11 provide the remaining 25 percent. The reduced rental rates are almost a token but this is all they can do. The need is to determine what local groups can afford. Additional room tax subsidy or subsidies from the general fund should be discussed by the community in the coming year. The commercial rates should be adopted and in the meantime staff can look elsewhere for additional moneys. She does not feel it is the Perform- ing Arts Commission's decision to compromise the facility to the extent of going further into the red. Randi Young, 15~0 Skyline Park Loop, member of the Performing Arts Commission, stated that the center needs to be run as a business and that the rates are reasonable. Compet it ive rates are needed for those who perform that are not local groups but these rates prevent local people from using the building. She knew it would be a problem since the building will be finished before local arts groups can afford to use it. She issued a challenge to the council to find a way for the community to support the local arts. She stated that no longer can one count on rich patrons or foundations to provide funding. The future of the arts will depend upon having small givers and subscribers in greater numbers, and business, industry, and government suppor~. She encouraged the council to create subsidies for local groups for the first year and noted that she would be . willing to pay higher taxes. Les Anderson, 2110 Hubbard Lane, Chair of the Performing Arts Commission and C1V1C Center Comm1ssion, stated that he has been associated with this project for more than four years. Throughout this time, the vital concern has been to determine what can be done for local artists, yet what is in the City's best interest. Public hearings have been conducted and most have focused on the local groups. From the beginning, they have wanted this to be a project of cooperation, but there are many unknowns. The City has had no experience with building or operating a facility 1 ike this and the numbers are conjecture. Twenty percent of the projected budget will come from rent, six percent of the income budget will come essentially from rent from local groups, 34 percent of the budget will come from auxiliary services, 12 percent from room tax, and 27-30 percent will have to come from somewhere else--at this point, the Eugene Arts Foundation. This will be all new money and no fund-raising efforts of this kind have been done in the past in this community. There are other costs besides rent. However, the cost of rent per seat in a large hall would be a maximum of $.66 per seat if the user took advantage of all of the services; if they used volunteers it would be $.47 per seat. For the small hall, with all services, the cost would be $.99 per seat, and with the use of volunteers, the . MINUTES--Eugene City Council November 10, 1980 Page 4 ,< , " . cost would be $.57 per seat. However, these figures are calculated guesses and adjustments will have to be made as they go along. The facility is a marketable prod uct. Users will have increased audiences with the bigger facility and it must be determined what is fair to the users and the citizens of Eugene. Fisc a 1 responsibility must be maintained. The program being presented is fair. Alice Dugan, 600 East 39th Place, secretary of the Eugene and University Music Association, stated tnat her statement is a plea that they be included as a local non-commercial user group since they are non-profit. LaVerne Edwards, 1260 President, stated that she is speaking on behalf of tUMA which crosses all levels of the arts community and is available to children. EUMA has been in the area a long time. She is also representing Frank Gortner, U of 0 Cultural Forum, and noted that the rates are fair. However, a base rate could be established and then a per seat charge added above the gross rate which would encourage small groups. This would allow a minimum guarantee with a sliding scale. She wants to see the Civic Center make a profit, but also wants to see local groups make a profit. Charles Dyncan, 2154 McMillan, representing the Board of Directors for the tugen~ Symphony, stated that they look forward to the availability of the Performing Arts Center. Attainment of this goal is not going to be easy or automatic. It will require strong leadership, faith, and dedication from all people, both paid staff and volunteers. It also will require an atmosphere of . Support from local groups. The task is complex. The symphony pledges its support. The November 8, 1980, issue of the Register-Guard editorial is very succint. The board would recommend that the Performing Arts Commission add an eighth item to its mission statement of June 11, 1980: . The center shall recognize the contributions of major local performing organizations to the quality of the City's artistic life, for their continuing efforts to build an audience for the center, and for their past efforts toward approval of the bond issue that made this center possible; in consideration thereof, the center shall be operated to encourage the artistic development and financial health of local per- forming arts organizations, and to further this end shall give them scheduling and rate preference. He feels they should be given very high, if not first, priority. Th i s wo u 1 d be appropriate and significant. Al.1en Whittington, 585 Oakway Road, stated that he has a new proposal. In the Performing Arts Center, there wl11 be union members performing who will want to be pa id . If too many outside groups are using the center, this will raise the price of the seats which will cause a great deal of money to leave Eugene. If local performers are excluded due to the costs, they may not get to perform. He suggested that the Performing Arts Center provide a benefit performance for the taxpayers so they would have the opportunity to attend a function in the center on a monthly, quarterly, or six-month basis at no charge and the local group performing would not be charged. This would be a form of paying rent to . the landlords (the taxpayers). This could be televised and on radio which would promote even larger audiences. MINUTES--Eugene City Council November 10, 1980 P ag e 5 Mi~hael Fox, 250 North Adams, Vice President of the Eugene Symphony, stated that . ne feels the questlon of local charges should be deferred. The council should first focus on closing the income gap with expenditures. The self-supporting projection is hopelessly naive; no performing arts center anywhere breaks even on an earned-income basis. He asked where alternative funding would come from. The Symphony feels that the policies do not go far enough and they are not ranked with any consideration of long-range impact. He asked what role local organizations would play if additional room tax funding were to be diverted to the center. Local groups should be given priority in scheduling similar to a right of first refusal. They propose that: 1) the council establish a policy seeking outside funding in addition to room tax and Eugene Arts Founda- tion subsidies; 2) that a task force be established to study the total system; and 3) that the statement presented by Mr. Duncan from Eugene Symphony be adopted. Consideration to local needs should be given. Dan Anderson, 2522 Va~ Ness, President of the Board of Directors of Oregon Repertory Theatre, stated that the mission statement is supported by ORT, but it does not go far enough. There is no effort to rank or balance users when there would be a conflict. The local user fee schedule would el iminate all' but occasional uses of the center. The price of tickets that would need to be charged would limit purchase to all but the most affluent. The center could become a burden on the local government. The council should refer the proposed policies and user rate structure back to the Performing Arts Commission for modification to guarantee access for local performers and citizens. They would suggest that 25 percent of the available capacity be allocated at a price that . is affordable, and this would help provide a core of regular users. By using more of the room tax funds to support the center, this would be removing it from the local performers. The per seat cost is misleading; costs will in fact be more than double the amount quoted due to other necessary costs such as office space, rehearsal time, scenery costs, etc. Transportation costs and lost time would be expensive to groups such as ORT. In asking the council to return this issue to the commission with the clear direction to assist local groups, they are not suggesting that the level of subsidy be increased, but rather that the mission statement needs a rebalancing of priorities. Cynthia Wooten, ,670 West ~Oth, councilor-elect from Ward 7, stated that the Eugene Audltorlum Assoclatlon has sponsored summer musicals in the area for years. They are grateful to those who spent their time and energy. Now, the building is being constructed but many issues are unresolved. She would urge postponing this matter until more answers are available. Before consensus on rates can be contemplated, they need to know more about the status of the Eugene Arts Foundation and revenues from the room tax fund. Local groups cannot afford the suggested rates. She asked if it is fair to spend all of the room tax moneys on just one project. Many talented people are living in Eugene, and these people were willing to build a facility which they will not now be able, to use. People cannot afford $10-$15 tickets. The center could become nothing more than a roadhouse. Artists need jobs and City operations need local perfor- mances since some foundations do not fund if local groups are not performing. The goal of local access was given a high priority at the Council Goals Ses- sion. This goal will not be fulfilled and adopting the commercial rates tonight would shut off one option: that of increasing those rates to subsidize rates . for local groups. MINUTES--Eugene City Council November 10, 1980 P ag e 6 . There being no further testimony, public hearing was closed. Consensus was to hold this item over until the next meeting. B. Ordinance Prohibiting Smoking in Certain Areas (memo and ordinance distributedt c - Mr. Henry stated that this ordinance would prohibit smoking in certain areas. All provisions of the ordinance are contained in the memo attached to the agend a. This ordinance is the result of disussions between councilors Obie and Schue following previous sessions of the council last spring. Substantial changes have been made. Public hearing was opened. Joyce Ow~n, 2830 Emerald, stated that she was speaking on behalf of the Asso- ciation for Non-Smokers Rights who claim that cigarette smoke is the number one health hazard in the United States. The association feels that non-smokers should not have to breathe secondhand smoke. Polls show that non-smoking areas are preferred. The Roper Organization conducted a survey and found that 60 percent of the non-smokers would rather be segregated. A smoking ban is favored in indoor places. The tobacco industry claims that courtesy is prevalent, but that is not so. All polls and surveys show that most Ameri- cans prefer non-smoking areas. They collected 18,000 signatures in the Eugene . area last year toward a State referendum petition. The Eugene City Council members do not allow smoking at meetings. The City has fought to limit field burning and business people supported that without calling it government inter- ference, but that is what they are calling limiting indoor smoking. The tobacco industry says that these laws would be unenforceable but that is untrue. She feels the proposed ordinance is half-hearted and should be more inclusive. She feels the inclusion of all government places is a benefit to the ordinance but is disappointed that private work places were not included. Smokers should step outside instead of filling an employee lounge with smoke. Non-smoking areas that are provided should remain reasonably smokefree. She feels this ordinance should also include retail stores and banks, as well as jury rooms. She feels this ordinance should be on the cutting edge of public acceptance; however, public acceptance of this is way ahead of the ordinance being presented. Iris Chapman, PO Box 336, Lowell, does business in Eugene. She said that last month's Reader's Dlgest claimed that the greatest preventable cause of death at the present time is smoking. Those who choose not to smoke should not be forced to breathe the air where smoke is present. Philip Miller, 580 West 8th, Executive Director of the American Cancer Society, stated that cigarette smoke contains 30 carcinogens. Smoking is the most dangerous and preventable health hazard in the United States. More die each year from smoking than died in World War II. Cigarette smokers are a minority and people should have a choice. The ordinance is a good step in the right direction. . MINllTES--Eugene City Council November 10, 1980 Page 7 - Dr. John Shaw~ 425 Stonegate~ a radiation narcologist~ treats cancer patients . every day. He 1S treat1ng over 125 percent more lung cancer patients than in 1975. He showed a sl ide presentation which provided statistical information and encouraged the council to adopt the ordinance. Mary Lee coOkb 1570 Tyler~ stated that she has a health problem and smoke causes her heart to eat irregul arly. She stated that peopl e who smoke smell bad and it is offens ive. Small children with parents who smoke are forced to breathe their smoke. She saw a baby cry after a mother had blown cigarette smoke near its face and feels the reason the baby cried was because the mother was smoking. She thinks the ordinance is a fine beginning. Dr. Frank Turner, 2245 Charnelton, stated that he is a member of the Pulmonary Journal Club--a group of physlc1ans who treat lung disease. These diseases include smoke-induced asthma and carcinoma of the lungs, as well as emphysema, heart attacks, and third degree burns from fire which are direct effects of cignrettes. They have learned that secondhand smoke is hazardous to a person's health. Smoking is a learned behavior which can be modified through peer pressure. People who smoke see those who do not and are discouraged from smoking. Smoking should be discouraged at all levels, including the government 1 eve 1 . Anne Mor~ello, 2643 Kincaid, indicated agreement with the previous speakers. She works 1n the Lane County Public Service Building in the Assessment and Taxation office. That building was designed to be used with air conditioning, . but because of energy conservation, the air conditioning is not used. She works in a large area in which smoking is not allowed but because there is smoking in other areas, at the end of the day her coat smells like smoke. There are problems in buildings which do not have adequate air circulation. Smoke gener- ated by anyone affects everyone. stated that smokers have the right to the rights of non-smokers. In pub 1 i c Amy Rich, 1350 Charnelton, #9, stated that she is from the Mary Rivers Sierra Club and is a counselor in hypnosis. She urges that retail stores be included in the ordinance. If one is an employee, one can do nothing about smoke. Robert B. Thompson, 882 Fox Glen Avenue, stated that he created smoking and non-s~oking sections in the Lane Community College cafeteria and the 50 percent split worked effectively, He would encourage adoption of this ordinance. He will not go into a restaurant that allows smoking and he will leave stores that permit it. He is allergic to cigarette smoke; it blocks up his nasal passages. Sharon Gordon, 939 East 20th, stated that this ordinance would allow anyone to continue smoking, but would permit a small area where non-smokers would not have to breathe smoke. This is consistent with other things this . MINUTES--Eugene City Council November 10, 1980 Page 8 . community has done. Regulations at Beall Hall at the University protect the paintings by limiting smoking to the outdoors. She has difficulty with fifty percent of the area allowing smoking, as this might mean there would not be a non-smoking area since the smoke from one area would go to the other section. She would encourage that this be taken into consideration with the ordinance. She feels this is the first step toward a cleaner environment. Trig Kjelland, 26~1 Newcastle, is in favor of the ordinance. He lost his voice box because oT smoklng cigarettes and has worked for 14 years with the Cancer Society explaining the hazards to youth allover the state. He related his experience. He also teaches others to talk again after losing their larynx. James Lanz, R.N., 934 Washington, nurse, stated that ample medical opinions have already been stated regardlng the dangers of breathing smoke from smokers. The ordinance might not ~e necessary if business managers ensured others would not have to breathe smoke, but this has not happened so he urged the council to support the ordinance without further deletions. He is disturbed when he has to breathe smoke, but there are only three options: to breathe the smoke, to leave, or not to go out. He is pleased that food stores and laundromats are included in the ordinance. In regard to the 50 percent rule, if the room is small and 50 percent of the area is set aside for smoking, smoke can go through the whole room. He feels small areas should be either all smoking or all non-smoking. This is a public health problem. . ~l Zarth, 4315 Hilyard, stated that cigarette smoke is a poison and is pois- onous to those who breathe it. It is unconscionable. He feels that places for workers should be made reasonably free of smoke. Bob Gregg, waived his rights to testimony. Bruce ~nderson, 4240 Hilyar9, stated that he supports the proposal, but does not W1Sri to condemn smokers and smoking. Each group should be given a choice. Many polls show it is becoming more evident that Americans favor restrictions on smoking areas. The March 27, 1980, New, Enfland J9urnal of Medicine published a study by White and Froeb, which concludes hat people exposed to smoke in the work place over periods of 20 years or more have reduced small airways functions as measured in the lungs equal to smoking half a pack a day. The ordinance is a reasonable attempt at striking a balance. The cost of doing nothing must be compared with the cost of restricting. Not until 1920 did large numbers of people smoke in this country. The July 16, 1980, article in the Wall Street Journal shows that smoking causes more severe internal problems. Internal alr quality needs to be controlled. The ordinance is needed now and needs to be expanded in the future. It is time to take this step, and he suggested that the council pass this ordinance and review it in 12 months. He suggests staff get information from states which have enacted stricter ordinances than this one. It is necessary to speak out when it is time to make a change and this is part of what has made Eugene a worthwhile place to live. . MINUTES--Eugene City Council November 10, 1980 Page 9 -- lanpice Lorr, 4565 Fox Hollow, is an allergist whose patients suffer from . exposure to smoke. They have had an ordinance like this in Texas, where she is from, and it has not caused a major problem. Citizen action, not police involve- ment, was the method of enforcement. Speaking against: David Radcliffe, Eugene-Springfield Convention and Visitors Bureau, stated that he does not envy the posltlon the councll lS ln on thlS emotlonal issue. They feel, however, that passage of this ordinance will inhibit their ability to generate revenue and attract business. Tourism is becoming an important part of Eugene's economic base and this action would inhibit establishing this base. Dan Val,intine, 2115 Essex Lane, stated that he agrees with almost everyone who had spoken tonlght and agrees that smoking has a relationship to cancer. He suffers from a medical disability and has only one lung. The quality of 1 ife in Eugene is the concern, but he is concerned with the "means" of trying to enact this legislation. The counc il is trying to enact the legislative process, but laws should be the end of the process. Little consideration has been given to fairness and enforcement of this proposed ordinance. There will be no universal enforcement, and there are no funds for enforcement. Generally, the process in Eugene is reasonable and many issues have been addressed with a great deal of concern, but he does not see that with this issue. He sees this as an attempt to use the law as a token to relieve a problem. He would . hope that the concerns would be addressed by attempting to inform/persuade the public as to the hazards of smoking, and that this would come back in a year after more research is done to see if such a law is needed. Bill Honsow~tz, Chairperson of the Lane County Fair Board and Convention Center, stated that thelr board lS unanlmously opposed to thlS unenforceable ordlnance and it would be very bad legislation for their convent'ion center. This is not a question of smoking vs. non-smoking, and could create similar problems that this country previously had with the prohibition of liquor. Morality cannot be legislated. Their board sees this as a restriction of people's freedom. The study referred to earlier was made by people who are not medical doctors and he does not feel there is enough medical evidence to warrant this kind of restriction. This would cause a restraint on trade, undermining the work they have been doing to bring people into this community. It is unfair to beauty shops, barber shops, and laundromats where smoking would be totally prohibited while there would be no regulation for small (under 50) restaurants. In restaurants seating more than 50 people, in many instances, much money has been spent for smoke exhaust systems, such as the one at Valley River Inn, but in small shops or resraurants where smoking would be allowed, ventila- tion might not be as good. There will be many problems with enforcement, and the City does not have the budget nor enough police to enforce it properly. This will be expensive to the community. The more restrictions there are in bringing in convention business, the less likely it will be to have people hold large conventions here. They have checked with some of the large groups which will be coming into the convention center and those groups are not in . favor of this ordinance. They are on County property, however, and feel that MINUTES--Eugene City Council November 10, 1980 Page 10 . this ordinance would not affect them. He feels this will have an adverse effect on bringing convention business to town. He feels the council should look at the investment that has been made in the Performing Arts Center and he feels that this ordinance would give the County a certain advantage. How- ever, he feels everyone should be able to work together. Private industry is opposed to this legislation, but he feels there is room for all to work together, but this ordinance would prevent that. He would urge the council not to pass this counterproductive, unnecessary ordinance, Les Sellars stated that he is representing barbers and hairdressers. He owns a shop which has a section for non-smokers already. It is a small shop and it would put them out of business if this ordinance were passed. Fred Lee, 2975 Gilham, President of the Lane County--Oregon Restaurant and Beverage Association, stated that he is vigorously opposed to this ordinance because it would seriously affect their industry. They do not feel it is necessary. If his customers dictated such areas as a necessity, he would implement it himself. Cordy Jensen, 633 Spyglass, stated that some restaurants would not be affected tremendously, but because his are in older buildings, they would be. His businesses are dinner houses. He is a non-smoker, but believes passage of this ordinance would be detrimental to his livelihood. Some facilities lend them- selves to non-smoking areas, but his do not. They are very busy on weekends, . and most people in large groups will be with at least one person who is a smoker. Most restaurants are ventilated pretty well and it will be difficult for them to enforce, but it looks as if they will have to do the enforcement. He does not feel something like this can be legislated. If people demand it, it will be impl emented, but it has not been demanded. Jim Jennings, 888 West 2nd, Gem Vending Company, stated this issue is not about smoKlng, but rather paSSlve smoking. There is no medical evidence that supports the contention that passive smoking is bad for a person's health. The conclusion in the 1979 Surgeon General's report is that "healthy non-smokers exposed to cigarette smoke have little or no physiologic response to the smoke, and what response does occur may be due to psychological factors." His company has a one-half million dollar payroll, and employs 25 people. They pay over $250,000 in City and County taxes. If this ordinance affects 30 percent of their gross, then that would affect everyone working for them. He sees this as an issue of unemployment and personal freedom. The customer is the ultimate consumer and that is where the decision should be made, not by the council. There is no medical basis to declare a health hazard. Ronald Reagan was elected by a mandate of the people for less government control in personal lives. This ordinance would be creating more government control in personal lives. He distributed written testimony regarding the White Froeb study which shows that any effect, if there is an effect from passive smoking, is psychological. In the same issue of the New England Journal of Medicine referred to earlier, March 27, 1980, Or. Claude Lenfant and Barbara L1U of the National Heart, Lung & Blood Institute, said that this study provides no proof that the reported . MINUTES--Eugene City Council November 10, 1980 Page 11 reduction in airways function has physiological or clinical consequences. The . study was confined to only one aspect of an issue too complex to be resolved on such a basis, The evidence remains sparse and incomplete. There will be many legal challenges to this ordinance. This is an attempt to restrain trade. There is a lack of evidence, but should the time come when there is medical evidence, then he will not speak against a proposed ordinance. Ihis ordinance is also totally unenforceable. He said Pat Larion, Deputy Chief of the Eugene Police Department, stated that there are no funds or other resources for enforce- ment. Mr. Jennings stated that there should not be a law if it cannot be enforced. He stated that he feels that this will drive business out of Eugene. He has received comments from others that this council does not listen to or . represent the people and that they do not care about people. That is the reason that downtown has dried up. The initiative petition referred to earlier failed miserably. Similar petitions have been voted down in California and other places. They were unable to have all of the speakers testify that they would have liked to tonight, but over 2500 people signed opposition statements which he gave to the council. The people this council represents are speaking out. He felt the council does not have enough evidence to warrant their legislation of moral/social standards. This would be an unenforeable law. He asked if the council is representing the people who put them in office or representing their own desires. He urged that the council not pass this ordinance. Gary Haliski, 240 Baxter, stated that he represents Southland Corporation and 7-tleven stores. He is a non-smoker and has never smoked. In regard . to the section of the ordinance dealing with retail food stores, he feels that what customers smell in the stores are the foods. The aisles are venti- lated and because of the freezers, they must have lower temperatures, Customers move rapidly throughout the store. The majority of people do not have time to smoke while they are shopping. Employees cannot smoke and check groceries or stock shelves at the same time. Typical conditions in retail food indus- tries leave it fairly smoke-free. He feels this portion should be left out of the ordinance. Tom Richardson, 272 Bantom Avenue, stated that he is with the management firm representlng the Hllton Hotel of Eugene. They are concerned with the impact to business in that hotel. He does not feel the divided areas solve the problem, but rather cause a problem, This is not something that should be mandated. People mix and it will be very difficult or impossible to control smoking in non-smoking areas. This is bad public relations for the Hilton Hotel and for the City of Eugene. Many groups will go elsewhere if they are faced with restrictions of this kind. Some people do not smoke at all, but others in the groups do. This would be a real problem in their restaurant. If certain areas are designated, that will limit seating. This will be very inconvenient and they could lose customers. He feels that this negates the efforts of the Eugene-Springfield Convention and Visitors Bureau and it is not in the best . MINUTES--Eugene City Council November 10, 1980 Page 12 i . financial interest of the community. Implementation and enforcement of this ordinance will take extra funds which he would rather see used to promote to ur i sm . He is disappointed that this legislation has been brought up and would like the council to reconsider the proposed ordinance. Allen Lonstron, 85819 Barnwell Lane, stated that he is representing the Valley Rlver Inn. People supporflng thlS ordinance are doing it on two issues: that it is harmful and that it is distasteful. However, what is really being discussed is not only the public sector, but the private enterprise as well. People speaking in opposition represent the private sector. This will restrain trade and can affect them economically. He spoke with people in Madison, Wisconsin, at the Sheraton to see how this legislation affected their business. Those people felt that in principle this was good, but that from the standpoint of convention business, the ordinance was so loosely written that it was totally ignored and they found ways to get around it. The Sheraton Restaurant seats 175 and they have 14 non-smoking seats. When they are not busy, there is no effect; but, when they are busy, the smoking area is filled with customers waiting and the non-smoking area is not filled. A non-smoking area was set up in the Left Bank Restaurant at the Valley River Inn, but since it was not used, they el iminated it. At the Concours Hotel in Madison, Wisconsin, their coffee shop business was hurt badly by a similar ordinance. In Sacramento, their convention bureau center stated that they get around their ordinance by saying that anyone who comes in to their facilities is coming in to a private function and therefore . the activity is exempt. For conventions, if the public is allowed in, certain areas must be set aside. He feels the City of Eugene is doing pretty well right now the way things are and people evidently work hard at making their business work well. The free enterprise system is not a bad one, and they believe in providing what their market demands. He urged the council to reject this ordinance or set it aside and consult with the private sector to hear about problems which would face them to see if a prompt compromise could be reached. The private sector has a legitimate concern about business. William Eynon waived his right to testify. Bob Fauvre, 475 Howard, stated that he is a non-smoker. He is the Libertarian Party coordlnator for Lane County. Currently, when people have a problem, they run to the government to have them handle the problem. Their party stands for the rights of private property and it is up to those voters how it shall be used. He also sympathizes with the non-smokers. He feels, however, that this should be an educational process to enlighten the public, not one to pass laws to correct the situation. If there were a demand for these types of restric- tions, the market would respond. In regard to work places, unions might be concerned. He feels this should be voluntary, not a law. This is not a proper way to go about getting people not to smoke in certain areas. If the council passes this ordinance, it is like telling the people they can't be trusted to solve their own problems. . MINUTES--Eugene City Council November 10, 1980 Page 13 - There being no further testimony, public hearing was closed. . The City Council discussed when they would be taking action on items I.A and I.B of this evening's meeting. Council consensus was to hold a meeting in place of the previously canceled one at 11:30 a.m., November 12, 1980, to discuss these two items. Consensus was to hold this item over to November 12, 1980. C. Public Works Bid Awards (tabulations attached) v - Mr. Henry stated that these bids were opened November 4, 1980, and staff is recommending that bids be awarded for projects 1, 2, and 4, and that project 3 be held over. He introduced Don Allen, Public Works, to provide additional informat ion. Mr. Allen stated that they had received one letter of protest in regard to project 4--the storm sewer between Cal Young Road and Sharon Way from Woodside Drive to 810 feet east. The letter cites the reason for the protest, which is the method of assessment. The owners find it discriminatory. This is a 60-percent petition, but only 33 percent is being assessed due to subdivisions. The counteroffer in the letter was that no assessment be levied across the vacant property in exchange for the City receiving the necessary easement to put the sewer across their tax lot, but this would be against City policy. This assessment could be deferred until the property is developed. Mr. Allen stated . that project 1 is a combination petition and council-initiated project. Public hearing was opened. In regard to project 2, Allen Whittington, 585,Oakway, stated that this sanitary sewer is required by Public Works and he is in favor. He would suggest that the low bids be taken before the weather gets bad since it will be cheaper if it is done sooner. In regard to project 4, Iris Chapman, PO Box 336, Lowell, stated that they had submitted a letter with an offer of compromise to the City. People across the street from their property will have their assessment paid and she does not see why they have to pay for the one on their property. She has no objection to having the sewer, only to paying for it. There is now a ditch that drains their property. She feels this is unfair taxation and this is not the way that it should be done. She feels if there were a reason for it, the City would get around its rules and take care of it. There being no further testimony, public hearing was closed. Mr. Allen stated that the assessment regarding project 4 is in conformance with the City ordinance and policies. . MINUTES--Eugene City Council November 10, 1980 Page 14 . Ms. Smith moved, seconded by Mr. Lieuallen, to award the low bids as outlined by staff for projects 1, 2, and 4. Ro 11 call vote; motion carried unanimously. II. PAYMENT O~ BILL~, CLAIMS, AND PROGRESS PAYMENTS (distrib~ted) Mr. Henry stated that this would not include the final Touche Ross payment; that payment would be held over until the study is complete. Res. No. 3443--A resolution authorizing the payment of bills, claims, , and progress payments for the period October 27, 1980, through November 10, 1980. Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the resolution. Roll call vote; motion carried unanimously. The meeting was adjourned to 11:30 a.m., November 12, 1980. Respectfully submitted, ~ ) Charles T. Henry e City Manager (Recorded by Lynda Nelson) CTH:LN:sba/CM7a10 e " ..' MINUTES--Eugene City Council November 10, 1980 Page 15 ,. .' ,4 DEPARTMENT OF PUBLIC WORKS Engineerino Division tl; 8 i d No. 1 2 Opened: November 4, 1980 l. SANITARY SEWER IN Kincaid Street from 19th Avenue to 300 feet north (Job #1893) Bidders: Contract Cost AWARD l. H & J Construction-----------------------------$ 4,915.50 -- 2. Eugene Sand & Gravel, 1nc.---------------------$ 5,379.50 ") Drainmaster-------------------_________________$ 5,916.00 .J. 4. Wildish Construction Co.-----------------------$ 5,968.37 5. McBride Excavating, Inc.-----------------------$ 7,066.00 6. Kenneth R. Bostick Construction Co.------------$ 7,453.00 7. Shur-Way Contractot's, 1nc.---------------------$ 8,645.00 8. Emerald Excavating, Inc.-----------------------$ 9,873.00 9. L. D. VanOver Construction, Inc.---------------$ 1 0,392. 00 .10. Dan D. Allsup Contractor, Inc.-----------------$ 11 , 1 88 . 00 1l. Northwest Underground. Inc.--------------------$ 16,591.00 fost to Abutting Property Cost to City ($6,300) None San. Lateral $ O.20/SF , San. Service $ 135.00/Each Cor~PLETION DATE: January 1, 1981 ~ ---------~--------------------------------------------------------"---------------------------- 2. SANITARY SEWER in Cross Street from Cleveland Street to 1,100 feet west and in Foch Street from 360 feet south to 800 feet south of Roosevelt Boulevard (Job #769) Bidders: Contract Cost _.- Al~ARD 1. Drainmaster---------------------------------~-~$ 34~697r60 --., 2. H & J Construction--------~-------------------_$ 38,755 JO 3. Eugene Sand & Gravel, Inc, ~-_.------------------$ 39~925.75 4. Wildish Construction Co.-----------------------$ 44,533.98 5. McBride Excavating, Inc.-----------------------$ 45,352.50 6. Kenneth R. Bostick Construction Co.------------$ 46,042.10 7. Shur-Way Contractors, Inc.---------------------$ 50,514. 15 8. Dan D. Allsup Contractor, Inc.-----------------$ 51 ,244.20 9 Northwest UndenJround, Ir.e. -------..----------_--_$ 78,728.40 C s:..~ t a_.6._~_~l_ t t ;!1....9-.P rc~~~!.)~ Cas t to Citv -----.--.-'->'- ($44,400) - . None San. Lateral (- 0.09/SF ~, San. Service ,. 620.00/Each -l> CO~1PLETION DATE J February 1, 1931 .,...,.. -- ~~ PCtq~ I of z. ~ I ~ ., , I ,. .... 3. SANITARY SEWER in Bailey Hill Road from -_ Westleigh Street to 380 feet south (to serve Fire Station #10) (Job #1917) Bi dders : Contract Cost --- HOLD l. H & J Construction------_______________________$ 5,043.00 -- 2. Emerald Excavating, Inc.-----------____________$ 5,736.00 3. Drainmaster------______________________________$ 5,745.00 4. Eugene Sand & Gravel, Inc.------------_________$ 5,760.00 5. Kenneth R. Bostick Construction CO.------------$ 6,020.00 6. Wi1dish Construction CO.------------___________$ 7,040.20 7. McBride Excavating, Inc.-----------____________$ 7 , 190. 00 8. Dan D. Allsup Contractor, Inc.------------_____$ 7,573.00 9. Shur-Way Contractors, Inc.------------_________$ 7,750.00 10. L. D. VanOver Constructi on, Inc. ______ _________$ 8,880.00 1:l. Morse Bros. Contractors, Inc.--------------____$ 10,015.00 ~ 12. Northwest Underground, Inc.------------________$ 1 4 , 11 0 . 00 ~ost to Abutting Property Cost to Cit.x None $ 5,550.00 C0I1PLETlON DATE: January 1, 1981 ". ----------_.._-------------------------------~-----------------------------------------_:_-~ .." ~ / 4. STORM SEWER between Cal Young Road and Sharon ~ay from Woodside Drive to 810 feet east (Job #1625) Bidders: Contract Cost ------ !'ll.RD l. H & J Construction---------____________________$ 33,305.00 - 2. Shur-Way Contractors, Inc.-----------__________$ 41,035.00 3. Eugene Sand & Gravel. Inc.---~-------__________$ 43,727.00 4, Wi1dish Construction CO.------------___________$ 44,145.87 5, Dan D, Allsup Contractor, Inc.~-------________-$ 57,946.20 6, Kenneth R. Bostick Construction CO,---------~--$ 60,625.00 7, Northwest Underground, Inc.-------------_____~-$ 81.788.60 Cost to AbuttingPrope!!l fast to City Amount Budgeted ($14,424) $ 26,500,00 $ 79,500.00 (5~ BirdnE~st Sub. $ 735.00jLot Tax Lot 500 3,045.00 (Deferred) Tax Lot 1700 3)330.00 (Deferr0d) Cor~PLETION DinE: February 1, 1981 -e1) -t: .~, . . Page 2 of 2 -=,..