REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

 MONDAY, OCTOBER 2, 2000, 7:30 PM

COUNCIL CHAMBERS – NOVI CIVIC CENTER – 45175 W. TEN MILE ROAD

The meeting was called to order at 7:30 PM.

ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo, Council Members Bononi, Crawford –absent/excused, Csordas, DeRoche – absent/excused and Kramer

Mayor Pro Tem Lorenzo added Item #6, under Matters for Council Action Part I, Schedule an Executive Session October 16^th at 6:30 PM to discuss pending litigation. Also, under Mayor and Council Issues, Item #1, Public accessibility to Fire Chief’s Fire Department Operations Report.

Member Bononi added Item #2, under Mayor and Council Issues, Channel 13 Cable Transmission Quality.

Mayor Clark read a proclamation declaring the month of October National Breast Cancer Awareness Month and October 20^th as National Mammography Day in the City of Novi.

Mayor Clark presented a proclamation to Harold and Mary Catherine Hill for their 60^th Wedding Anniversary and for their commitment to each other, their family, their community and country.

PUBLIC HEARING - None

Finance Director Smith-Roy introduced Stephanie Sharpe Novi’s new budget analyst and accountant. Ms. Sharpe earned a degree in economics and would work on the budget and S.A.D.’s.

Kim Capello, Planning Commission Member, stated he had served on the Planning Commission for 7 years and currently was the acting Chairman and had been for over a year. His term expired on June 30, 2000. Prior to the expiration of his term he met with Mayor Clark, discussed his history on the Planning Commission and told him he would re-apply for another term. Based on those conversations, in good faith, he re-applied for another 3 years as Planning Commissioner for this City. He applied along with Brent Canup and Mike Watza who are current planning commissioners. Twice Mayor Clark had begun to appoint new members to the Planning Commission and twice the issue was tabled and it had not been brought up again. Mr. Capello, Mr. Canup and Mr. Watza’s names had not been brought up. Mr. Watza became frustrated with the situation and resigned and he and Mr. Canup are continuing to serve in good faith as Planning Commissioners even though there had been no indication or intent by Council to appoint new commissions to take their place or to re-appoint them for the next three years.

Mr. Capello asked Council to bring this matter to a vote. He asked that this item be put back on the next agenda and moved forward. He commented that if there were issues relative to his re-appointment he deserved to know what they were and asked that this be placed on the agenda or by vote of the Council to get it on the agenda by way of amendment.

1. Approval of Agreement with Henry Sasson for completion of SAD 94 sanitary sewer.

Mr. Galvin requested postponement of this item until October 16^th when the full Council was present.

Mr. Galvin requested the same position on the October 16^th agenda if possible.

2. Request for approval of Zoning Text Amendment 18.165 – an Ordinance to amend subsection 1501.6 of Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, and to add subsection 1501.8 to said ordinance, to restrict tattoo parlors to the B-3 General Business District – 1^st Reading

Mr. Watson commented this was to restrict such establishments to the B-3 District and to make it a principle permitted use.

Mayor Pro Tem Lorenzo asked if tattoo parlors had licensing requirements? Mr. Watson said they did not. She was concerned about contaminated needles and how they would discard biohazards? Mr. Watson said those concerns could be looked into but were separate from the zoning issue. He suggested the broader discussion of health and licensing issues go to the Ordinance Review Committee. She was also concerned about the proximity of these parlors to residential neighborhoods and the possibility of children happening upon dirty needles. Mr. Watson said it was discussed at the Implementation Committee level and the Planning Commission did not prefer that but it was a possibility. She asked if with a special land use application could conditions be placed in terms of how to discard biohazards? Mr. Watson said when something was considered a special land use there was additional criteria within Sec. 25.16 of the Zoning Ordinance which include relative to principle uses, impact on and compatibility with the surrounding neighborhoods, etc.

Member Bononi asked if the Oakland County Department of Health had any regulations over such establishments? Mr. Watson did not think so but would check before the second reading. She felt that a special land use would not be a good vehicle to use and there were other ways to regulate such usage. She asked what zones, presently, was a tattoo parlor a permitted use? Mr. Watson said any zoning district in which a personal service establishment was permitted. It could probably be in B-1, B-2, B-3, TC and perhaps in the NCC District.

Member Bononi said there was a notation in his letter that said this ordinance would not regulate body piercing salons or establishments. She asked if that was a concern and what predicated this to come forward? Mr. Watson thought there was an issue in the TC District regarding a potential establishment there. He said people thought body piercing was a different animal because it was as simple as someone getting their ears pierced which was a routine practice that happened at J.C. Penney and many other establishments. Trying to restrict it to a particular district would be a little more problematic.

Member Csordas noted he was comfortable with this amendment as it was and asked Chief Shaeffer if he had any concerns about this? He had not had an opportunity to look at this action but noted there was an age requirement under State law as to who could receive a tattoo without parental permission.

Member Kramer asked if he wanted to include in the motion referring the issue of business requirements back to ordinance review? Member Csordas said he would.

Mayor Clark commented he had read recently where the legislature was looking at this in terms of a health issue and there might be something pending in that regard and suggested Mr. Watson might want to check it out.

3. Request for approval of Zoning Text Amendment 18.166 – an Ordinance to amend Subsection 2508.6 of Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, to restrict the landing of helicopters to approved helipad, heliport and helistop sites – 1^st Reading.

Mr. Watson noted this was the addition of one sentence to this sub part of the Zoning Ordinance. The change this would make to the zoning text was "except in the case of emergency helicopters shall only be landed at approved helipads, heliports and helistops." The current ordinance did not include that prohibition. This came up during the last 6 to 8 months when a helicopter landed in the middle of the street in town to make a delivery at an adjacent business. The Ordinance restricted where those facilities could be established but it did not state they had to use them. The reason it was not explicitly in the ordinance was because it was a section of the Zoning Ordinance and the penalty provision of the Zoning Ordinance was in a subsequent part of the ordinance. It would not change at all and essentially said any violation of the Zoning Ordinance could be prosecuted as a misdemeanor with a potential penalty of up to 90 days in jail and/or up to a $500 fine.

Member Bononi said under Helistop, the first page, part I, 6, last sentence prior to A of the ordinance language it said, " these facilities shall be subject to the review procedures and applicable criteria for airports." She asked whose criteria for airports? Mr. Watson said it would be any State or Federal requirements; meaning if they also need approval from those entities they would have to get it. She asked how the applicants would meet the noise abatement ordinance? Mr. Watson said they would have to demonstrate satisfaction of that part of the Zoning Ordinance and he presumed since that was applied to any special land use that they would have to submit the same type of study as anyone else would have to submit. She asked if there were any multi family zones or single family zones abutting an I-2 Zone? Mr. Arroyo said there were several areas that were adjacent and pointed them out to Council. Member Bononi did not have a problem with the basic premise of the ordinance but thought it needed tightening up with regard to adjacency issues and she suggested it go to Ordinance Review for that reason. She would exclude from the language any helicopter landings for medical emergencies or for any of our health services. Member Bononi wanted to approve the First Reading and at the same time refer it back to Ordinance Review. Member Kramer and Csordas accepted this.

Mayor Pro Tem Lorenzo shared Member Bononi’s concerns and would support the motion. Mayor Clark concurred.

Roll call vote on CM-00-09-327 Yeas: Kramer, Lorenzo, Clark, Bononi, Csordas

Member Csordas requested that changes brought to Council be underscored.

4. Consideration of supplemental agreement with Dispatchers and Police Record Clerks.

Mr. Helwig noted this grew out of a request from Police Dispatchers’ to consider moving them to 12-hour shifts to enhance their quality of life and service. They also asked administration to look at what could be done to be more competitive in terms of retaining and attracting top quality people. There had been excessive turn over and overtime associated with this and since July these matters had been looked at and had been ratified by this union. They analyzed salaries in comparable communities and that they were not receiving breaks in their eight-hour shifts. They were informed that if administration considered making salary and other adjustments they would request an extension to their current contract which would expire June 30, 2002 and they agreed to a three-year extension and the contract had been ratified. Mr. Helwig also recommended adding two positions so there could be three personnel, per shift per platoon.

Member Bononi asked if they were required by Federal Law to provide employees with lunches or breaks? Mr. Helwig said given the staffing levels they could not leave just one person in the dispatch center. They are committed that in a 12 hour shift dispatchers receive a one hour break. She was concerned because the language did not say that and felt it was fair treatment to human beings and she would look for compliance with Fair Labor Standards whatever they were.

Member Csordas thanked all parties involved for the speed in which this came to fruition. Mayor Clark, Mayor Pro Tem Lorenzo and Member Kramer concurred.

Mayor Pro Tem Lorenzo noted Council had received, in their administrative packets, an overview of the Novi Fire Department and the level of services provided that was submitted by Chief Lenaghan. She had asked Mr. Helwig to make it available in Council packets at the City Clerk’s office and in the library because everything they had received in their administrative packets should be available to the public.

Member Kramer agreed that 99% of their information was public information. He did not believe it was reasonable or prudent that all packet information should be given to the library because of the amount of paper that would generate.

Mayor Clark noted he read an article in the paper about sunspots and flare up that said cable and telephone transmission was going to be less then perfect for about the next 14 months.

Member Bononi felt that the quality of the transmission left a lot to be desired and requested it be looked into.

Mr. Helwig commented he would bring it to the attention of Caryn Collens. Member Kramer asked for an update from Time-Warner.

1. Letter of Resignation from Eric Krieger – Library Board

2. Resolution from Waterford Township opposing minority rule ballot proposal #2.

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by: ______________________________

Charlene Mc Lean

Date Approved: October 16, 2000