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HomeMy WebLinkAbout11/12/1980 Meeting f' . M I NUT E S Eugene City Council City Council Chamber November 12, 1980 11:30 a.m. COUNCILORS PRESENT: Betty Smith, Scott Lieuallen, Brian Obie, Jack Delay, D. W. Hamel, Gretchen Miller, and Emily Schue. Councilor Eric Haws was absent. Adjourned meeting of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller. I. ITEMS FROM MAYOR AND COUNCIL, APPOINTMENTS, ANNOUNCEMENTS, AGENDA ADJUSTMENTS A. Executive Session Mayor Keller stated that an executive session would be held following today's council meeting. It will be in the McNutt Room and is being held to discuss selection of the new City Manager. . B. Blue and Gold Committee Meeting Ms. Smith stated that the Blue and Gold Committee would be meeting at 7:30 p.m. in the McNutt Room tonight. II. PROPOSED POLICY STATEMENTS AND USE RATES FOR PERFORMING ARTS CENTER Mr. Henry stated that it is hoped that the council will adopt the commercial rates and the policy statements today. The commercial rates need to be part of the contracts for commercial users and they would like to begin bookings as soon as possible. Les Anderson and James Aday are present to answer ques- tions. He introduced Dick Reynolds, Performing Arts Center Director, to pro- vide additional information. Mr. Reynolds stated that he would like to respond to questions from the mater- ials and testimony presented at the November 10 council meeting. There is an early need for policy statements to be adopted because they will be part of the user. contracts. Commercial rates should be established as soon as possible to begin the 1982-83 bookings; this will enable them to respond to inquiries. He is aware that local users may need to have further policy statements and addi- tional ways of generating subsidization. The policy statements currently being reviewed are not to be considered the only ones that they will have. More policy statements would be made prior to opening the center. Other items such . MINUTES--Eugene City Council November 12, 1980 Page 1 as scheduling will require policies. Those being presented now are only those . needed for the user agreement to be completed. He feels the concern regarding rental rates might have come from a lack of good indication as to how local users will maintain an average audience at a higher ticket price to use the SOO-seat hall. The suggestion of using a sliding scale had not been considered for local, non-commercial users previously. They have requested local users provide them with information regarding their ability to pay, but that informa- tion has not been received. They wi 11 have to ho 1 d meet i ngs with them reg ard i ng specific concerns. They are open to policy considerations which local users may have. Ms. Smith stated that one issue raised November 10 was EUMA's classification as not being a non-commercial. She would like to know the rationale for the cl assification. Mr. Reynolds stated that the definition used for local non- commercial users is similar to one used in other communities. They have not specifically addressed EUMA. They did acknowledge that EUMA has made a great contribution in bringing events to this city and he is sensitive to their needs. They were considered as anyone else who has promoted events, but this could be reanalyzed. Ms. Smith suggested that the Performing Arts Commission recon- sider the designation for this group and bring back a report to the council. She also said that the Eugene Symphony has suggested an addition to the mis- sion statement which she also would like the commission to consider. This suggestion was in a letter sent to the City Council and it was also read as testimony November 10. Mr. Reynolds stated that the commission could consider these items and respond to them. Mr. Obie asked about using the figure of five percent against a figure of . $1,200 for commercial rates.. Mr. Reynolds explained that using $1,200 against five percent of the gross, whichever is greater, would cause at least a $10 ticket price. The national trend seems to be going toward a percentage. They had considered ten percent originally, but were afraid this would scare people away from using the facility. If an outside group charged a high ticket price, that would give the City a chance to retain some of the money here. Mr. Obie noted it would seem the City is almost being taken advantage of. He asked about rates for equal facilities. Mr. Reynolds stated that on today's market, $900-$1,100 is the going rate, so they increased that amount due to inflation and are looking at charging $1,200 in 1982. Mr. Obie asked what the current rate is in Portland. Mr. Reynolds stated that it is $1,000 for a 3,000-seat house. Mr. Lieuallen asked if the rationale for not including EUMA in the local non- commercial group is because they are not performers as much as they are pro- moters. Mr. Reynolds responded that that is correct. Mayor Keller noted that approval of the staff recommendations and approval of the commercial rates as proposed seems to be supported. Ms. Smith said she felt that the council should adopt the commercial rates but that further discussion on the non-commercial rates, which should be established as soon as possible, needs to take place. Mr. Henry said that the council could adopt the . MINUTES--Eugene City Council November 12, 1980 Page 2 /-- . policy statements with an understanding that additions could be considered later by the Performing Arts Commission. Res. No. 3442--A resolution approving the policy statements adopted by Resolution 1 of the Performing Arts Commission and approving and adopting the user rates established in . Resolution 3 of the Performing Arts Commission. , Ms. Smith moved, seconded by Mr. Lieuallen, to adopt the res- olution. Ms. Schue stated that thi s is the easy part and she understands why approval is needed. The hard part is what will be done with local groups. A subsidy for local groups could be looked at and she would like to see the commissior come back with further recommendations. Mr. Delay stated that one problem of direct subsidy is that it is passive, rather than active, and one must determine who is eligible for the subsidy. He feels that Mr. Reynolds and the commission members have done an admirable job. It is not as large a problem as one might think to resolve the other questions. The implicit concerns of the local groups need to be addressed. He noted that he has joined the Oregon Reportory Theatre Board of Trustees and will abstain from voting on this matter. The policy statement being sug- gested by Eugene Symphony should be considered by the Performing Arts Commission. . They should also set goals for local users and prioritize them to provide direction for Dick Reynolds and his staff. This will set a long-term and general direction. He does not feel the City Council should do the commission's business. In regard to the fee schedule, there has been a lack of communication between staff and the using groups which can be remedied in the near future. There is a large amount of subsidy already in the budget as pointed out by Sally Weston November 10--forty (40) percent of the total budget. Timing is important and the commission should deal with this as soon as they can for long-range pl anning. The larger question is the huge amount of money expected from the Eugene Arts Foundation. He would like more information and discussion on that. Everyone needs to know if the amount of money expected will be there or if the council should look elsewhere for financial support. He supports the motiorr and would like to have a report brought back. Ms. Miller indicated agreement with Mr. Delay. As many local groups as pos- sible should be able to use the building to work toward a self-supporting basis for this facility. Road shows will not keep the center full by themselves and local companies should be kept in the center even if this increases the deficit in the beginning. The long-term interest is to keep local groups in the center. Mr. Obie stated that he would support the motion. He said that Ms. Miller's comments gave him a better idea of why local groups should get a better deal. He would be willing to consider that, but he is very concerned about any kind of subsidy. -e MINUTES--Eugene City Council November 12, 1980 Page 3 - . He does not think the commission should be deciding how to spend tax dollars; . however, that is the area in which they are moving when they are talking about subsidies. He does not think the responsibility is to subsidize, on an overall basis, all local arts groups, but rather to determine which types of performances should be received by Eugene as a whole. Every performance is already being subsidized about $2,000 now. Mr. Delay agreed that there is an enormous subsidy in the budget already. This community will continue to evolve more performing arts but the size of the community makes it a marginal market for the next five or ten years. Few local artists are able to make a living off their performances. Space needs and paying artists must be considered in the future. The City has some responsibility to ensure the continued evolution of the performing arts community or the City will run into long-range problems. Mr. Lieuallen stated that the rationale on subsidy perhaps requires a review of how this center came about. The council committed itself to making this a public project and received support from performing arts groups to pass the bond issue. The council, the community, and those promoting the center made a strong commitment to stand by local groups; it is important to remember that without them there probably would not be a center. Economic development for the arts and the revitalization of the downtown core business area will come about if the center is successful. History needs to be remembered and the commitment needs to be lived by. Mayor Keller thanked staff and the commission for putting the presentation together. The commission's effort will be controversial, but they must keep . moving ahead for success. Approximately 25,000 people voted in the election for the center and out of that, over 14,000 were votes of support. A strong commit- ment was made to the local artists, but that must be balanced. The City wi 11 provide, at reduced prices, a fine facility but artists m~st take it from there. They must provide performances to generate a satisfactory financial situation for their groups. Traveling shows are needed as well as local artists. These will create success. Roll call vote; motion carried unanimously with Councilor Delay abstaining. Mayor Keller asked when work would be done on non-commercial rates. Mr. Rey- nolds indicated this would occur after he met with local groups. I I 1. ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS Mr. Henry stated that since November 10, Councilors Obie and Schue have asked for certain clarifying changes to this ordinance. These were distributed. The changes include the following: allowing smoking in cabaret-type per- formances where alcohol or food is served. This would be for special events occurring in non-restaurant facilities, such as pop concerts. It was requested . MINUTES--Eugene City Council November 12, 1980 . Page 4 . . . that these be treated the same as restaurants. The phr ase "where there is fixed, immobile seating" has been added as a qualification to "indoor theaters, museums, auditoriums, and concert halls" to distinguish these types of activities from exh ib its. 2) Distinguishing exhibit halls or display areas from museums. 3) Exclusion of cocktail parties which would treat them differently from con- ference rooms and assembly halls. 4) Barber shops and beauty salons--smoking would be allowed in these areas if designated by the owner to permit smoking. Ms. Smith asked, in regard to exhibit halls, if smoking would be allowed without separate areas. Tim Sercombe, City Attorney, stated that an addition was made to Subsection i and that exhibit halls will be treated the same as conference rooms and assembly halls. Ms. Smith asked if this would affect the Fairgrounds. Mr. Sercombe stated that it would. Mr. Obie said that their statement on November 10 really bothered him. Because they are within the city limits, they will abide by City laws. Ms. Schue stated that in regard to restaurants, the original intent was not to exclude restaurants with more than one room. Mr. Sercombe noted that the word "rooms" has been changed to "facilities." Mr. Lieuallen noted that the addition to Subsection i is to distinguish between museums and exhibit halls. He asked for clarification about the proposed changes in barber shops and beauty salons. He asked if there would need to be . signs which say "SMOKING" or "NO SMOKING." Mr.,Sercombe stated that was correct and they would be regulated the same as taxis. He distributed a memo showing the changes. Mr. Obie said that it is the responsibility of the sponsoring organizations to create adequate non-smoking sections for those who desire them. Ms. Schue indicated that half the exhibit display could be smoking and other half non- smoking. She would assume that a smoking area would be set aside. Mr. Obie stated th~t in regard to cocktail parties, there was a large area in the Valley River Inn where many pre-functions are held. They felt this would be an Uncon- trollable situation. Good testimony was presented about management being unable to control smoking. In regard to barber shops and beauty salons, they have allowed the owner and the patron to make the decision. Ms. Schue stated that laundromats will remain non-smoking areas. Mayo r Ke 11 er asked about displays and trade shows and if they would be affected. Mr. Ob i e stated that there is no good solution for this. They could provide a non-smoking or a smoking area. He is not sure that is being treated right yet. Ms. Miller questioned this as a solution. It looks as if they would be placing the proprietors in the position of making the decisions. . MINUTES--Eugene City Council November 12, 1980 Page 5 .. . Council could decide to leave out some sections or strengthen them. Ms. Smith . stated that if organizers were holding a conference with their exhibits not open to the public, they would not need to comply. Mr. Sercombe stated it would be covered if it were open to the public. Ms. Smith indicated that clarification is needed. Mr. Obie stated that if it were private, smoking would be okay, but not if ~n event were open to the public. Ms. Miller stated that events may be open to the public only under certain conditions and they must decide what 1I0pen to the publicll means. Mr. Lieuallen stated that this could cover a large exhibit hall or smaller conferences. He asked if the meeting of a public body would be covered under State law. Mr. Sercombe responded that it would be. Ms. Schue stated that she was confused and asked for clarification. Mr. Sercombe indicated that the words lIonly where alcoholic beverages are consumedll could be inserted. Ms. Smith stated that perhaps it needs to be sent back to committee. Mr. Obie and Mayor Keller agreed. Ms. Miller stated there is a close analogy between smoking and drinking, and that a distinction based on alcoholic bev- erages would not be so unusual. Mr. Obie asked if cabaret events are like restaurants. Mr. Sercombe responded they are if they are serving food and have more than 50 people. Mr. Delay suggested that in Subsection i, the word lIareasll rather than IIgatheringsll be inserted. Mr. Obie stated that the council should look at this conceptually and then do more work on the ordinance. Ms. Smith stated that instead of passing the ordinance in concept, they could pass a strong recommendation urging busi- nesses to develop such areas/policies and then the council would not have to deal with an ordinance that would be difficult to enforce. Ms. Schue asked if she was suggesting that it be a policy statement rather than an ordinance. Ms. . Smith stated that was correct. Ms. Schue stated that she personally could not accept that. Mr. Hamel stated that he agreed with Ms. Smith's suggestion. Otherwise, the council is trying to legislate the lives of the residents of the city of Eugene and he does not think the council has that right. The council has the right to prevent smoking within City Hall and other City-owned facilities, but not el sewhere. He does not smoke and does not appreciate smoke, but does not feel this legislation should be passed. As long as tobacco is legal, there is nothing that can be done about it. Mr. Obie stated that he understands Ms. Smithls and Mr. Hamel IS comments regarding perceiving the ordinance as a policy statement. He does not see this ordinance as stepping on the rights of people as much as providing an oppor- tunity for those who do not smoke to exist. This should be looked upon as a policy because it would be difficult to enforce. Ms. Smith stated that she does support the basic concept, but her concern is enforcement. Most ordinances are passed because they are necessary and enforce- able. She asked what recourse a citizen would have to enforce this ordinance. Mr. Sercombe stated that a citizen could file a complaint with the City Prose- cutor if one could get the identification of the person violating the ordinance. Business owners are only required to post signs. Ms. Smith stated that she would like to have a report brought back regarding possible financial impact of enforcement. Mr. Henry agreed to that although he felt it would be guesswork. .- There may be some indication in a month or so. MINUTES--Eugene City Council November 12, 1980 Page 6 e- Ms. Smith stated she hopes the council will be establishing an educational campaign. She thinks the basic thrust is good but does not think it can be enforced. Regarding enforcement, Mr. Lieuallen stated that experience in other cities shows that enforcement is not a problem. This would give non-smokers leverage to protect their well-being. He does not wish to commit financial resources on any great scale--that would not make sense. Encouraging others creates an opportunity to solicit non-smoking. If the public rebels, it will be unen- forceab 1 e. Ms. Schue stated she had discussed this with a laundromat owner who said he would put up a second sign stating the process to file a complaint. Ms. Miller stated that there are a variety of ordinances on the books which not much time is spent enforcing. Saying it is unenforceable is simplistic. It would be similar to parking. Any citizen can call the City Prosecutor. Resources should not need to be tied up in enforcement. This is a matter of providing choices and options and leaves dividing up areas to people in charge of facilities. Mr. Delay stated that some people say smoking causes cancer and others say those who smoke would have gotten cancer anyway. He was frustrated to see how. people in the tourism and convention business have responded. He feels this ordinance would be good for public relations. The basic issue is not restricting smokers e but providing a choice for those who do not. He thinks it would be good to have signs posted at every retail business stating if smoking is allowed or not. Mr. Obie stated that he does not think people have read this ordinance. It does provide an opportunity for those who do not smoke and he does not find it restrictive. He feels it is in the best interest of the community. Mr. Sercombe said that this council bill would be amended to change the word "gatherings" to "areas" in Subsection i and to change the last three words in that subsection from "these smoking prohibitions" to "this subsection." Council consensus was in agreement regarding these changes. Ms. Schue stated she is very satisfied with the results and this is another example indicating that Eugene citizens like to participate. She would like to see this ordinance made stronger. She is interested in the convention business and supports their efforts. If this items turns out to be a big problem, it can be brought back. She would like to see it passed, tried, and see how it works. Ms. Smith thanked Councilors Obie and Schue and indicated she would support the motion. CB 2212--An ordinance prohibiting smoking in certain areas open to the public; and adding Sections 6.225, 6.230, and 6.235 to the Eugene Code, 1971; and amending Section 6.990 of that code. 4' MINUTES--Eugene City Council November 12, 1980 Page 7 e Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be read the second time by council bill number only, with unanimous consent of the council, and that enactment be considered at this time. Roll call vote; motion carried 6:0 with Mr. Hamel abstaining. Council Bill 2212 was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be approved and given final passage. Roll call vote; motion carried 6:1 with Mr. Hamel voting no. The bill was declared passed and numbered 18721. The meeting was recessed to executive session in the McNutt Room. The meeting was adjourned to November 26, 1980. Respectfully submitted, c~/~ City Manager (Recorded by Lynda Nelson) e CTH:LN:sba/CM8a1 0 e MINUTES--Eugene City Council November 12, 1980 Page 8