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Home My WebLink About1993-04-15 Special Meeting � S AGENDA � CITY OF GRAPEVINE, TEXAS SPECIAL CITY COUNCIL MEETING ` THURSDAY, APRIL 15, 1993 AT 7:00 P.M. . COUNCIL CHAMBERS - MUNICIPAL COURT ROOM #205 307 WEST DALLAS ROAD CALL TO ORDER INVOCATION: Mayor Pro Tem Ted R. Ware ' PUBLIC HEARING 1. City Council to conduct a public hearing relative to amendments to the Grapevine Code of Ordinances Chapter 3 Airports and Aircraft, Article III Dallas/Fort Worth International Airport Regulations, Chapter Three Personal Conduct, Section 4 Standards for Fund Solicitation and Distribution of Literature relative to prohibiting solicitation of immediate, in-person donations or conducting of surveys in the terminals and take any necessary action. 2 . City Council to conduct a public hearing relative to amendments to the Grapevine Code of Ordinances Chapter 3 Airports and Aircraft, Article III Dallas/Fort Worth International Airport Regulations, Chapter Three Personal Conduct relative to a smoking ban in airport terminals and take any necessary action. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT (817) 481-0392 . REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S. , AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE SPECIAL CITY COUNCIL MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 12TH DAY OF APRIL, 1993 AT 5: 00 P.M. � _ � r Li da Huff � City Secretar � � r % � � � i � STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The City Council of the City of Grapevine, Texas met in Special Session on this the 15th day of April, 1993 at 7:00 p.m. in the Council Chambers - Municipal Court Room #205, 307 West Dallas Road, with the following members present to-wit: William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Council Member Gil Traverse Council Member Jerry L. Pittman Council Member Will Wickman Council Member constituting a quorum, with Council Member C. Shane Wilbanks absent, with the following members of the City Staff: Trent Petty City Manager John F. Boyle, Jr. City Attorney Linda Huff City Secretary CALL TO ORDER Mayor Tate called the meeting to order at 7:10 p.m. ITEM 1 . PUBLIC HEARING AMEND GRAPEVINE CODE OF ORDINANCES CHAPTER 3, DALLAS/FORT WORTH INTERNATIONAL AIRPORT REGULATIONS. CHAPTER THREE PERSONAL CONDUCT, STANDARDS FOR FUND SOLICITATION AND DISTRIBUTION OF LITERATURE Mayor Tate declared the public hearing open. City Manager Trent Petty stated that the Dallas/Fort Worth Intemational Airport Board had requested the City to amend the Grapevine Code of Ordinances, Chapter 3 Airports and Aircraft, Article III, Division 2, Chapter Three Personal Conduct, Section 4, which relates to the standards for fund solicitation, conducting of surveys and distribution of literature. The proposed amendments would make it a violation of the Code of Ordinances to solicit immediate, in-person donations or to conduct surveys in the terminals. Mr. Petty stated the cities of Dallas and Fort Worth have adopted resolutions approving the changes requested by the Dallas/Fort Worth International Airport Board. The City of Grapevine would be required to adopt an ordinance amending the Grapevine Code of Ordinances before the modifications have the power of law and violations can be filed in the Grapevine Municipal Court for action. '�; � . 04/15/93 t Mr. Petty stated the City has requested the Dallas/Fort Worth International Airport Board to indemnify and hold harmless the City for all lawsuits, court costs, damages, legal fees and other direct costs that may be incurred in the defense of any lawsuits � challenging the validity of the proposed amendments. He reported that Mr. Vernell Sturns, Executive Director of the Dallas/Fort Worth International Airport, indicated that the Airport Board, under some conditions, would agree to indemnify the City. City Attorney John F. Boyle, Jr. advised that the proposed ordinance would be considered ' on two (2) readings and that the agreed upon indemnity agreement would be presented to the City Council at the second and final reading of the proposed ordinance, if the City Council so desired. Ms. Donna Atwood, representing the Legal Department of the Dallas/Fort Worth International Airport, was present to address questions from the City Council and the citizens. t Mayor Tate invited guests present to speak regarding the proposed ordinances. There was no correspondence to report. The following spoke in opposition to the amendments: ; Mr. Gary West Mr. David Ramella Chief Financial Officer The Texas Krishnas, Inc. Texas Orphanage Outreach Program Dallas, Texas Division of CA Missionaries Euless, Texas Mr. Francis Trzaskos Texas Orphanage Outreach Program Division of CA Missionaries Euless, Texas Comments were made that if solicitation were banned inside the terminals, it would move outside and there would be no control over those soliciting funds and conducting surveys. Also, that all organizations should not suffer for one or two fraudulent groups. The current rules and regulations control those conducting surveys and soliciting funds. Mr. Ramella presented a petition that had been submitted to the Dallas City Council by the Asian-Indian Community requesting the proposed amendments not be approved. Ms. Atwood stated that under the proposed amendments, literature would continue to be allowed in the terminals and that the exterior of the terminals was not addressed in the amendments. Council Member Traverse, seconded by Council Member Pittman, offered a motion to close the public hearing. The motion prevailed by the following vote: � 2 ; 04/15/93 Ayes : Tate, Ware, Spencer, Traverse, Pittman & Wickman Nays : None Absent: Wilbanks During Council deliberation, they questioned what procedures would be enacted once solicitation was eliminated from inside the terminals. Also, they requested a report from the Dallas/Fort Worth Airport relative to the kinds and number of complaints received regarding solicitation in and outside the terminals. Council Member Spencer, seconded by Council Member Wickman, offered a motion to table the item. The motion prevailed by the following vote: Ayes : Ware, Spencer, Traverse, Pittman & Wickman Nays : Tate Absent: Wilbanks ITEM 2. PUBLIC HEARING. AMEND GRAPEVINE CODE OF ORDINANCES CHAPTER 3, DALLAS/FORT WORTH INTERNATIONAL AIRPORT REGULATIONS. CHAPTER THREE PERSONAL CONDUCT. SMOKING BAN IN AIRPORT TERMINALS Mayor Tate declared the public hearing open. City Manager Trent Petty stated that the Dallas/Fort Worth International Airport Board had requested the City to amend the Grapevine Code of Ordinances, Chapter 3 Airports and Aircraft, Article III, Division 2, Chapter Three Personal Conduct by the addition of a new Section 18 which relates to a smoking ban in airport terminals. The proposed amendments would make it a violation of the Code of Ordinances to smoke or have possession of a burning tobacco product, weed or other plant product in a ' public area of the passenger terminals or in a retail or service establishment within airport terminals. Mr. Petty stated the cities of Dallas and Fort Worth have adopted resolutions approving the changes requested by the Dallas/Fort Worth International Airport Board. The City of Grapevine would be required to adopt an ordinance amending the Grapevine Code of Ordinances before the modifications have the power ' of law and violations can be filed in the Grapevine Municipal Court for action. Mr. Petty stated the City has requested the Dallas/Fort Worth International Airport Board to indemnify and hold harmless the City for all lawsuits, court costs, damages, legal fees and other direct costs that may be incurred in the defense of any lawsuits challenging the validity of the proposed amendments. He reported that Mr. Vernell Sturns, Executive Director of the Dallas/Fort Worth International Airport, indicated that the Airport Board, under some conditions, would agree to indemnify the City. 3 � � 04/15/93 �' Ms. Donna Atwood, representing the Legal Department of the Dailas/Fort Worth � z International Airport, was present to address questions from the City Council and the � citizens. Mayor Tate invited guests present to comment regarding the proposed amendments. �` The following spoke in favor of the proposed smoking ban: Mr. Gil Flores Ms. Diane G. Emery Regional Office of 1202 Plantation Drive South Texas Department of Health Colleyville, Texas ; Arlington, Texas Ms. Patricia Young Mr. David Fusco 4910 West Hanover Arlington Citizens for Clean Air Dallas, Texas 763 Taft Drive #G Arlington, Texas Ms. Cindy Bollom Mr. John Armistead 2914 Kathleen Way 627 Berkley Drive Euless, Texas Grapevine, Texas Ms. Joan Meyers Ms. May Defore � DFW Airport Employee Director of Heart Association Ms. Teresa Rutherford Mr. Dudley Hafner Colleyville, Texas Heart Association Employee € Statements were made regarding the adverse affects of environmental tobacco smoke f 3 on all individuals, especially those with a hypersensitivity to environmental tobacco � smoke. It was stated that under the American Disabilities Act, those individuals with cystic fibrosis are classified as disabled and have a right to be accommodated and the proposal is not an anti-smoker's campaign, but a pro-health issue. It was also noted ' during public comments, that the Supreme Court has recognized Congress' desire to ; prohibit discrimination based on the effects a person's handicap may have on others. It was commented that a minority of smokers should not adversely affect the ;' majority. Pictures were presented to show areas of the airport terminals that had $ been damaged by smokers. A statement was made that the Dallas/Fort Worth International Airport would be applauded as being a leader to prohibit smoking in the passenger terminals. The following spoke against the proposed smoking ban at the Dallas/Fort Worth International Airport: 3 ; Ms. Cinda Alloway Mr. Bob Fisher ; 3905 Meadow Drive 2806 Warwick Way ; Grapevine, Texas Grapevine, Texas , i � 4 ., � � , � � 04/15/93 : Ms. Andrea Fischer Mr. Joe Bentiey ' 2804 Warwick Way 214 Westwood Drive Grapevine, Texas Southlake, Texas Comments against the proposed smoking ban were: discrimination against smokers; if smoking is banned in the terminals--will individuals then smoke in the lavatories of the airplanes creating a safety issue to airplanes; an international airport should not ban smoking--it is not user friendly and will possibly reroute passengers/travelers from the Dallas/Fort Worth area. City Secretary Linda Huff reported the City of Grapevine had received 90 letters supporting the proposed smoking ban and 14 letters opposing the smoking ban. City Council discussion ensued relative to the proposal to eliminate smoking in the passenger terminals and not in the private clubs would be favoring a certain group of people that could afford to belong to a private club. Ms. Atwood addressed the linear design of the airport that was to accommodate 150 passenger planes and that would allow passengers to park their cars a short distance from their departure gates. She commented that passengers moving through the concourse walkways create a draft which helps the smoke to migrate throughout the terminals, even though there are designated smoking areas. The current air conditioning system displaces about 20% of the air in the terminals and experts believe there should be 80% displacement to remove the smoke. A modification to the air conditioning system would cost approximately 3 million dollars and increase utilities cost by 50%. Following review of the information provided by the Airport, Mayor Tate commented that the Airport had studied and evaluated alternatives available to create a smoke free environment and had reached the conclusion that a total ban of smoking in the passenger terminals would be the best solution due to the financial costs that would be involved to provide smoking areas. He stated the public hearings on the two items on the City Council agenda were conducted to allow the public to respond to the proposed amendments to the ordinances regarding solicitors and the smoking ban. The input was valuable both to the City and the Airport representatives present. Council Member Traverse, seconded by Council Member Spencer, offered a motion to close the public hearing. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Traverse, Pittman & Wickman 4 Nays : None Absent: Wilbanks 5 � 04/15/93 ' � Discussion ensued relative to the proposed indemnification agreement with the � ; Airport. City Attorney Boyle stated that the City would work with the Airport's legal staff to prepare the details of the indemnity agreement prior to the final reading of the proposed ordinance. Council requested Staff to provide a list of other airports that have successful smoking bans and expressed their concern that the proposed amendments would allow smoking in the Admiral's Club (all private clubs). City Secretary Linda Huff presented the first reading of the caption of the proposed ordinance. Council Member Traverse, seconded by Mayor Pro Tem Ware, offered a motion to ban smoking in public areas at the airport, including private clubs. The motion prevailed by the following vote: Ayes : Tate, Ware, Spencer, Traverse, Pittman & Wickman Nays : None Absent: Wilbanks ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 3 AIRPORTS AND AIRCRAFT, ARTICLE III DALLAS/FORT WORTH INTERNATIONAL AIRPORT REGULATIONS, DIVISION 2 1988 REVISED : CODE OF RULES AND REGULATIONS OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD BY AMENDING CHAPTER THREE PERSONAL CONDUCT, BY THE ADDITION OF A NEW SECTION 18 SMOKING BAN IN AIRPORT TERMINALS; BY PROVIDING FOR < CODIFICATION; BY PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE RELATING TO FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, AND A FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS � (5500.00) FOR ALL OTHER OFFENSES AND EACH DAY AN OFFENSE OCCURS OR CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE, PROVIDED, ' HOWEVER, THAT WHERE THE OFFENSE IS ONE FOR WHICH A PENALTY IS FIXED BY STATE LAW, THE STATE LAW PENALTY SHALL GOVERN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE ` �� DATE r 6 ` , I 04/15/93 ' ADJOURNMENT I Council Member Spencer, seconded by Council Member Wickman, offered a motion to ad'ourn the meetin at 8:45 .m. The motion revailed b the followin vote: 1 p 9 p Y 9 Ayes : Tate, Ware, Spencer, Traverse, Pittman & Wickman Nays : None Absent: Wilbanks PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of May , 1993. APPROVED: Will a'�ri . Tate Mayor ATTEST: Lind Huff City Secretary , � � � 7 ' j I