Brighton City Council Meeting

Transcription

1 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Brighton City Council Meeting City Hall Council Chambers 200 N First St. Brighton, Michigan (810) Consider Approval of the Agenda Consent Agenda Items Regular Business Meeting November 2, :30 p.m. AGENDA 5. Approval of Minutes: Study Session of October 19, Approval of Minutes: Regular Meeting of October 19, 2017 Correspondence 7. Call to the Public 8. Staff Updates 9. Updates from Councilmember Liaisons to other Boards and Commissions Public Hearing 10. Conduct Public Hearing for the Second Reading and Adoption of Ordinance Number 580: Amendment to the City s Zoning Map Described in Section of the City s Code of Ordinances New Business 11. Consider Approval of Alcohol Sales by Dan Cheresko of Cheresko Development, LLC, d/b/a, Main St. Steak House Located at 317 W. Main St. and Wynwood s located at 311 W. Main St. 12. Consider the Freedom of Information Act Appeal of Mr. Michael Farnsworth Other Business 13. Call to the Public 14. Consider Entering Closed Session to Discuss Written Attorney-Client Privilege to MCL (h) 15. Consider Possible Actions Resulting from Closed Session 16. Adjournment

2 MINUTES OF THE STUDY SESSION OF THE CITY COUNCIL OF BRIGHTON HELD ON OCTOBER 19, 2017 AT THE BRIGHTON CITY HALL 200 N. 1ST STREET, BRIGHTON, MICHIGAN STUDY SESSION The Council conducted a Study Session at 6:30 p.m. Present were Mayor Muzzin, Mayor Pro-Tem Pipoly, Councilmembers: Gardner, Emaus, Bohn, Pettengill, and Tobbe. Staff: City Manager Nate Geinzer, Attorney Paul Burns, Attorney Brad Maynes, Deputy Police Chief Craig Flood, Organizational Relations Manager Michelle Miller, Assistant to the DPW Director Patty Thomas, Finance Director Gretchen Gomolka, Management Assistant Jessica Lienhardt, DPW Director Marcel Goch, Clerk Pamela Stewart, Utilities Director Tim Krugh, and an audience of six. Tom Tolen from the media attended. CALL TO PUBLIC Mayor Muzzin opened the call to the public at 6:30 p.m. Hearing and seeing none he closed the Call to the Public at 6:30 p.m. SETING TIME AND LOCATION FOR NOVEMBER 2, 2017 STUDY SESSION The November 2, 2017 Study Session will be held on at 5:30 p.m. at the Police Station, 440 S. Third Street, Brighton. DISCUSSION OF FISCAL REALITIES The City Council discussed potential new revenue sources to fund road and other City expenses. Pat McGow from Miller Canfield answered questions about mechanisms to raise new revenue, such as a Headlee Override. Council spoke about other financing options such as locating savings elsewhere and issuing bonds. Some Councilmembers expressed support for a millage if the proceeds were reserved for roads. The differences between bonds and millages were discussed. CALL TO PUBLIC Mayor Muzzin opened the call to the public at 7:26 p.m. Hearing and seeing no comment, Mayor Muzzin closed the Call to the Public at 7:26 p.m. ADJOURNMENT It was moved by Councilmember Tobbe and seconded by Emaus to adjourn the meeting at 7:26 p.m. Motion passed 7-0 Pamela Stewart, Clerk James Muzzin, Mayor

3 MINUTES OF THE MEETING OF THE CITY COUNCIL OF BRIGHTON HELD ON OCTOBER 19, 2017 AT THE BRIGHTON CITY HALL 200 N. 1ST STREET, BRIGHTON, MICHIGAN REGULAR SESSION Mayor Muzzin called the meeting to order at 7:30 p.m. Present were Mayor Muzzin, Mayor Pro-Tem Pipoly, Councilmembers Bohn, Emaus, Gardner, Tobbe and Pettengill. Staff: City Manager Nate Geinzer, Attorney Paul Burns, Attorney Brad Maynes, Deputy Police Chief Craig Flood, DPW Director Marcel Goch, Assistant to the DPW Director Patty Thomas, Clerk Pamela Stewart, Management Assistant Jessica Lienhardt, Finance Director Gretchen Gomolka, Organizational Relations Manager Michelle Miller, Utilities Director Tim Krugh, and an audience of nine Tom Tolen from WHMI also attended. AGENDA APPROVAL Mayor Muzzin added item 13a. Emergency CIPP Lining of Sanitary Sewer and deleted items 15. Closed Session and 16. Possible Action from Closed Session. It was moved by Councilmember Gardner seconded by Emaus to approve the agenda as amended. The motion passed 7-0. CONSENT AGENDA It was moved by Councilmember Tobbe seconded by Emaus to approve the Consent Agenda. The following items were approved: Approved the Study Session and Regular Session Minutes of October 5, 2017 Motion passed Councilmember Gardner abstained because she didn t attend the meeting CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 7:33 p.m. Cal Stone, 524 Victoria Square, member of the DDA and owner of Two Stone Events which holds the Jazz at the Pond event expressed support for the Millpond Bandshell & Amphitheater plan. Joyce Powers, 982 Hickory Dr. spoke about the Millpond Bandshell & Amphitheater. She disagreed that the update was necessary and submitted a letter of concern from Beth & David Walker who collected 500 signatures in protest. She submitted her printed comments to the Clerk for the file.

4 City Council October 19, 2017 Page 2 Sue Kelly, 4121 Marsh Trail, Brighton Township resident and vice-chair of the Sierra Club requested that the oak trees be saved if the Millpond Bandshell project was approved. Mayor Muzzin also noted that he d received a letter from Mark & Barb Binkley in support of the Millpond Bandshell & Amphitheater project. Hearing and seeing no additional comment the Call to the Public closed at 7:40 p.m. CITY CUSTOMER INFORMATION AND BOARD UPDATES Management Assistant Lienhardt mentioned that the Biennial City Survey postcards had been mailed and that they had already received over 100 responses and she had attended a SEMCOG meeting where Patty Thomas had spoken about the DDA s new crosswalks. Deputy Chief Flood mentioned that the police would be doing crosswalk enforcement, the Police will be doing a open house on 11/2/2017 at 5:30 at the Police Department, and that Trick or Treating hours this year are 6 p.m.-8 p.m. DPW Director Goch mentioned that the sidewalk work was ¾ done and the leaf machine would be out soon. Councilmember Gardner attended a redevelopment workshop in Lansing with Staff. Councilmember Pettengill reported that the ZBA had awarded three variances, one for a sign at 300 Brookside Lane, one for Eberspächer allowing outdoor storage and increase lot coverage, and the last for 750 W. Grand River adding two signs. She asked if Police would be doing the Trunk or Treat and would be stationed around Brighton with lights on and candy. Deputy Chief Flood verified that the Police would be doing the event again. Councilmember Emaus mentioned that November 11, 2017 Veteran s Day, the Veteran s Memorial committee had events going on in Downtown, Brighton including a parade, speakers, presentations and music starting at 11 a.m. He also noted the committee has sold 811 bricks in the Memorial. Mayor Muzzin mentioned that Management Assistant Lienhardt and Community Development Associate Skopek had spoken to the rotary during the past week and had done a great job. The DDA met and gave $3,000 to support Tridge or Treat event for Halloween. Brighton Area Fire met and two new fire associates had been sworn in. SECOND READ AND PUBLIC HEARING FOR ORDINANCE 579 Mayor Muzzin closed the regular meeting and opened up the public hearing. Hearing no comment the Mayor closed the public hearing. The proposed amendment requiring developers/contractors to submit assurance to the City for all non-building site improvements. These types of improvements are listed in Section (a). Councilmember Gardner moved and Emaus seconded the motion to adopt Ordinance 579 amendment to Section

5 City Council October 19, 2017 Page (a). Roll call vote (Yes) Muzzin, Pipoly, Pettengill, Bohn, Tobbe, Emaus, Gardner (No) none (Absent) none Motion Passed: 7-0 AUDIT PRESENTATION Finance Director Gomolka introduced the auditors from Plante Moran. Martin Olejnik, Tim St. Andrew, and Zack Geilow gave a presentation of the audit findings. The City of Brighton has achieved a certificate of Achievement for Excellence in finance reporting and has received it for the last 30 years. They reviewed past and future trends in the general fund, revenues, OPEB, assets, depreciation, and expenses. Councilmember Tobbe commended Finance Director Gomolka for a job well done. SITE PLAN MILLPOND BANDSHELL & AMPHITHEATER City Manager Geinzer introduced Architect Piet Lindhout who reviewed the Millpond Bandshell & Amphitheater project that would address some of the stormwater and run off issues with the area. He mentioned the new trees that would be planted and the ones that would be saved. Architect Lindhout answered some of Council s questions concerning shade, seating, and design. It was moved by Mayor Pro-Tem Pipoly and seconded by Gardner to approve site plan for the Millpond Bandshell & Amphitheater. Roll call vote (Yes) Muzzin, Pipoly, Pettengill, Tobbe, Emaus, Gardner (No) Bohn (Absent) none Motion passed: DDA CAPITAL IMPROVEMENT & REFUNDING BONDS Manager Geinzer listed the projects that would be supported by the Capital Bonds including: Grand River Avenue, Challis Road improvements, Millpond BandShell and Amphitheater and Second Street utility and roadway. Finance Director Gomolka talked about how bonds issued in 2007 could be refunded during this issue and would save the City future interest payments and would not increase the maturity. It was moved by Councilmember Emaus seconded by Pipoly the motion to adopt Resolution Revenue Pledge Resolution for Capital Improvement Bonds. A friendly amendment by Councilmember Bohn that the Council was to authorize the issuance of the City s Capital Improvement Bonds in an amount not to exceed $4.4 million to pay the cost of the DDA projects in amount not to exceed $2.5 million and to pay the cost of the refunding of the City s 2007 Limited Tax General Obligation Bonds in an amount not to exceed $1.9 million.

6 City Council October 19, 2017 Page 4 Roll call vote (Yes) Muzzin, Pipoly, Pettengill, Bohn, Emaus, Gardner (No) Tobbe (Absent) none Motion Passed: CIPP LINING OF SANITARY SEWER Utilities Director Krugh spoke about the video of the sewer line which had raised concern. He mentioned significant cracks in the pipes and issues with structural integrity on eight feet of pipe that was installed in 1939 on Rickett Road. The Council asked questions about the funding of the repair and the possibilities of waiting and diverting the flow. They suggested to go to bid for the needed repairs and to bring the bids back to Council. Most of the expense would be covered by $40,000 carryover from 2016/2017 and $50,000 currently budgeted for 2017/2018. Attorney Burns mentioned that the item needed to go out to bid. It was moved by Tobbe seconded by Bohn to authorize CIPP lining sanitary sewer repair not to exceed $120,000. Councilmember Pipoly made the friendly amendment to authorize staff to pursue the lowest and most responsive bid. Motion passed 7-0 CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 9:49 p.m. Bob Herbst, 5390 Mountain, member of the DDA, thanked the Council for approving the Millpond Bandshell & Amphitheater and the bond issue. Hearing and seeing no additional comment the Mayor closed the Call to the Public at 9:49 p.m. ADJOURNMENT It was moved by Councilmember Emaus and seconded by Gardner to adjourn the meeting at 9:49 p.m. Motion passed: 7-0 Pamela Stewart, City Clerk James Muzzin, Mayor

7 City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL November 2, 2017 SUBJECT: CONDUCT PUBLIC HEARING FOR THE SECOND READING AND ADOPTION OF ORDINANCE NUMBER 580: AMENDMENT TO THE CITY S ZONING MAP DESCRIBED IN SECTION OF THE CITY S CODE OF ORDINANCES ADMINISTRATIVE SUMMARY A rezoning application has been submitted by Paul Mika to rezone 333 N. Fourth Street from R-4, Medium Density Multiple Family to R-3, Low Density Multiple Family. The rezoning is being proposed to facilitate the construction of a single-story residential duplex unit. Currently, the R-4 Zoning District does not permit duplex units. The R-3 Zoning District specifically allows duplexes as a permitted use. The following summarizes adjacent properties zoning classifications and land uses: North: I-A Brighton Well Drilling Light Industrial Building West: R-1 Detached Single-Family Dwelling South: R-4 Detached Single-Family Dwelling The subject parcel is classified as Low Density Mixed Residential on the Future Land Use Map, making the proposed rezoning compliant with the long-term development plan of the City. Furthermore, the Low Density Mixed Residential Future Land Use is designated to allow for low density residential development including single-family detached dwellings, duplexes, and smaller scale multiple family developments. This land use allows for a maximum density of five and a half (5.5) dwelling units per acre. The final density for the sites within this land use should be determined by the consistency and compatibility with neighboring buildings and density. The applicant was granted a variance at the September 14 Zoning Board of Appeals (ZBA) meeting for a side yard setback and minimum lot area variance under the R-3 Zoning District to allow for the proposed construction. The Planning Commission conducted a public hearing for the rezoning request at their September 18 meeting and has recommended approval to City Council. The rezoning request is not out of character for the area and is supported by the Future Land Use Plan. RECOMMENDATION It is recommended that City Council conduct a public hearing to field public comments regarding the proposed rezoning and to consider the public input received. Pending public comment, it is further recommended that City Council approve the rezoning request. Prepared by: Approved by: Attachments: Michael Caruso, Zoning & Code Enforcement Associate Nate Geinzer, City Manager 1. Unapproved PC Minutes 2. Proposed Elevation Drawings 3. Zoning Map 4. Future Land Use Map 5. Ordinance No. 580 brightoncity.org 200 North First St. Brighton, MI (810)

8 City of Brighton Planning Commission Meeting Minutes September 18, Call to Order/Roll Call Chairman Petrak called the meeting to order at 7:30 p.m. The following Commissioners were present: Jim Bohn Michael Schutz David Petrak Steve Monet Susan Gardner David McLane Rob Pawlowski Moved by Commissioner Pawlowski, supported by Commissioner Gardner, to excuse Commission Members Smith and Bryan from tonight s meeting. The motion carried Also present was Nate Geinzer, City Manager; Brandon Skopek, Community Development Associate; Michael Caruso, Zoning/Code Enforcement Associate; Piet Lindhout, Lindhout and Associatess; Bob Herbst, Downtown Development Authority (DDA) Chair, and an audience of Approval of the August 21, 2017 Special Meeting Minutes Moved by Commissioner Bohn, supported by Commissioner McLane, to approve the minutes as presented. The motion carried with Commissioners Schutz and Monet abstaining. 3. Approval of the August 21, 2017 Regular Meeting Minutes Moved by Commissioner Bohn, supported by Commissioner McLane, to approve the minutes as presented. The motion carried with Commissioners Schutz and Monet abstaining. 4. Approval of the September 18, 2017 Agenda Moved by Commissioner Gardner, supported by Commissioner Schutz, to approve the agenda as presented. The motion carried Call to the Public

9 The call to the public was made at 7:33 pm. Lee Burke, Chair of the Crossroads Group of the Sierra Club, stated they represent 1,300 people in the greater Livingston County area and on behalf of the club wanted to state how pleased they were with the response to all of the feedback. They like that the revised plans intend to keep some of the trees and are excited to see the work being done to improve the area. He thanked the Commission. Patricia Mack, 810 Chestnut St., stated she has lived in her home 47 years and was concerned with the rezoning of 333 N. Fourth St. She asked when it had been rezoned to R-4 and how rezoning it to R-3 would affect the density of the property. Ms. Mack stated she had never received notice of it being rezoned to R-4. David Walker, 1079 Hillcrest, stated he was happy to see the City go out for bids for arborist services and slow down the process of the Mill Pond amphitheater based on the concern of the original plan. He thanked the City for listening. Mr. Walker asked what avenues were taken to gather public feedback. He stated there is still concern about the removal of large trees which cannot be replaced, the lack of seating for lawn chairs, and the lack of quality sound control for performances. Joyce Powers, 982 Hickory Drive, stated there are trees around the Mill Pond that are not invasive but planned. Ms. Powers added that the Planning Commission is expected to uphold the core values of the people but that someone had told her they were up against the Brighton Mafia. She also stated that Brighton is on a floodplain and discussed the dangers of adding concrete instead of providing green space that will absorb water. She believes that they are now fighting for the soul of the Brighton community and added there are four seats open on City Council for the November election and there is still time to file as a write-in candidate. She stated she could run on getting Brighton s priorities straight by listening to the people and changing the campaign dialogue. Whitney Stone, 524 Victoria Square, stated she does Jazz at the Pond and is excited about the project at the Mill Pond. She sees importance in improving that area and thinks it is time to do something since it has been discussed for several years. Ms. Stone appreciated that a new plan was brought back to save some of the trees and thinks it is time to move forward. Vice Chairman Petrak closed the call to the public at 7:44 p.m. Public Hearing 6. Public Hearing and Possible Action on Rezoning # N. Fourth Street Rezoning from R-4, Medium Density Multiple Family to R-3, Low Density Multiple Family Mr. Skopek stated a rezoning application was submitted to rezone 333 N. Fourth Street for a proposed single-story duplex. He stated the R-4 zoning district does not permit duplexes, but the

10 R-3 zoning district does. Ms. Skopek stated the master plan designates the parcel as a low density multiple family future land use. He added it is a less intense use than R-4 and received approval for side yard setbacks and lot coverage from the Zoning Board of Appeals (ZBA). Mr. Caruso stated the previous owner of the property had that lot and the adjacent lot rezoned in 2005 but never combined. He had the intention to build a multiple family residential unit but never submitted plans. One of the properties was bought and a single family home was built. He stated prior to 2005 the lots were zoned R-1 and I-A, which is industrial. Patricia Mack, 810 Chestnut St. stated she was never notified of the rezonings. She asked what the differences were between R-3 and R-4 and wants to make sure that the proposed project is a one-story and looks like a residential home. Mr. Caruso stated R-3 allows two and three stories but the applicant is proposing a one-story. The project will not go before Planning Commission for approval; it is only required to go through the Building Department. He also stated the ZBA variances were approved pending approval of the rezoning. Carol Rossy, 330 N. Fifth, asked how the dwelling would be situated on the property and how the variances came into place. Mr. Caruso explained that the variances were needed because the R-3 zoning requires a minimum lot size of 15,000 square feet and the lot is only 8,700 square feet. The other variance was for the side yard setbacks which are required to be 20 feet on each side. Mr. Caruso stated the proposed duplex will be in line with the home on the adjacent lot. Jan Goodall, 330 N. Fifth, stated she lives on the property behind and is concerned about the privacy provided from the trees on the lot. Mr. Caruso stated the applicant is not proposing to remove any trees other than those which are located where the building will be constructed. Carol Rossy, 330 N. Fifth, stated she lives on the property behind the lot which has been vacant and there has not been much traffic. She stated the development will open the lot up for more people so a fence would be good to have on the property. The public hearing closed at 7:55 pm. Commissioner Pawlowski clarified that R-3 is lower density than R-4. Commissioner Monet stated he sat on City Council when the property was rezoned to R-4. He stated there was little opposition to it at the time. The proposed project included 6 to 8 units on the two properties.

11 Mr. Mika stated what he proposed to build is a single story with each unit having a single car garage and each unit being around 1,100 square feet. Commissioner McLane gave a summary of the ZBA decision stating that the uniqueness of the property, the fact that the setbacks are closer to the industrial portion than the residential one, the depth of the lot giving the building envelope more flexibility, and the fact that it will not be a large building were reasons why the variances were granted. Commissioner Gardner stated she likes the residential look of it and mix of materials. Mr. Mika gave a brief overview of the project stating it will be a duplex between 1,000 and 1,200 square feet and single car garage on each side. He stated he wants to attract millennials and want to try to have parking for two cars each and a driveway designed to pull out safely onto Fourth Street. Moved by Commissioner Monet, supported by Commissioner Gardner, to recommend approval of the rezoning request to City Council. The motion carried Old Business 7. Site Plan # Millpond Band Shell & Amphitheater (Tabled from July 17, 2017) Moved by Commissioner Pawlowski, supported by Commissioner Monet, to untable Site Plan # The motion carried Mr. Skopek stated the Planning Commission tabled the site plan until questions and public comment were addressed. Staff and DDA consultants revised the drawings and the DDA approved the revised drawings. Piet Lindhout, Lindhout Assoiciates presented the revisions and answers to questions at the August 21 st Planning Commission meeting. Mr. Lindhout presented the new model and discussed the changes that were made. He stated the roof tone was changed to a dull green aged copper and a new stone was selected behind the pavilion. The retaining block was also changed and has a smoother appearance and uplights were added to the redbuds. Commissioner Gardner asked about the steepness of the grassy area where seating was removed and the color of the concrete area. Mr. Lindhout stated the curve was aqua color with beige concrete. He stated he can provide a sample board of materials for people to see.

12 Commissioner Pawlowski asked where the northern red oaks and tulip trees would be located. Commissioner Bohn asked about the St. Paul Church agreement that Tetra Tech discussed in the review letter. Mr. Geinzer stated they had met with St. Paul s and the agreement states no buildings can be put on their footprint. He stated the design stays outside of the footprint and the Reverend of the church sees no impact. Mr. Lindhout stated there is an easement between the City and the church and Tetra Tech was referring to a construction agreement that will have to be in place before the project gets started. Commissioner Gardner asked where lawn chairs would be allowed. Mr. Lindhout stated the concrete seating is designed to have seating on every other row and lawn chairs in the front row. He stated it was discussed with the Kiwanis Club who suggested adding more rows of lawn chairs depending on the performance. The minimum amount of seating is 136, but there is flexibility depending on the event. Commissioner McLane stated he is pleased with the project and improvements made. Commissioner Monet stated the City is responsible for maintaining and enhancing infrastructure to keep up property values and enhance the appearance of the city. He stated the proposal meets all of the standards, outstanding issues were addressed by city staff, and he likes what has been done. Commissioner Pawlowski stated it was important to modernize and thinks this is a nice change. He stated it was important to think about what younger people would want and wishes more of them would show up to the meetings. Commissioner Bohn stated something needs to happen, but he is concerned with the process. He stated the public has not had an opportunity to weigh in and there needs to be a way to involve them. He thinks it is a great design but may not be the right design and cannot support it at this time. Commissioner Petrak asked what the life expectancy of the roof structure would be. Mr. Lindhout stated the laminated beams will not last as long as the steel beams but require less maintenance. The life expectancy could be 75 years. He stated the original design had steel but

13 was not as warm or soft of a design. Mr. Geinzer stated he worked with the DDA and Mr. Lindhout to incorporate the feedback received. Numerous communications were sent out and they received phone calls as well as comments on facebook. He stated younger people are not at meetings because they are busy and use other modes to communicate. Mr. Geinzer also said the approval is for the site plan only, not the materials. They will be providing a sample board of the materials that will help finalize the details. Mr. Lindhout discussed the benefit of being flexible with materials in order to get competitive bids for the project and the higher cost of requiring specific materials. Commissioner Gardner discussed the lighting and stated it will blend with the Veteran s Memorial as well as enhance the security of the area. Moved by Commissioner Monet, supported by Commissioner Gardner, to recommend approval of Site Plan # The motion carried New Business 8. None Other Business 9. Staff Updates Mr. Skopek stated notice for a Special Planning Commission meeting has been published. It will take place at the BECC Building located at 125 S. Church Street at 4 p.m. The meeting is a public open house for the master plan process and is scheduled until 8 p.m. 10. Commissioners Report None 11. Call to the Public The Call to the Public was made at 8:33 p.m. Mac Miller, 307 W. Main, stated he would like to speak to the community s experience with this proposal and hopes they will learn lessons from this process and apply them to the future

14 phases of the Mill Pond development. Mr. Miller stated there is a lot of passion to how the Mill Pond is developed and they should think further ahead to build opportunity for public input. Dave Walker, 1079 Hillcrest, stated a year or two from now we will all regret taking down the trees and people will be baking in the sun. Call to the Public closed at 8:35 p.m. 12. Adjournment Moved by Commissioner Monet, supported by Commissioner Schutz, to adjourn the meeting at 8:35 pm. The motion carried William Bryan, Secretary Wendy Ayala, Recording Secretary

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17 T FAIRWAY TRAILS THIRD DEVONSHIRE FIRST GLENWYTH LEITH ANN KISSANE BORD ERLINE City of Brighton Zoning Map November 2014 MOVIE CZ #4 HALLOWAY MURPHY CZ #3 BRIGHTON INTERIOR NEMCO TARGET NEMCO CZ #1 CHALLIS KARL GREIMEL SHANA LIBRARY BEST BUY BROOKSIDE DEE SIDE CHARLES H ORNDORF WAYSIDE MEADOW BRO O K DEES CROSS CANDLE WOOD VICKI LYNN FLINT WILLIA M SEN IDE VICTO RI A CZ #2 ADVANCE BECKET S TONEY W OOD WHITNEY WALNUT THIRD SECOND LIBERTY FLINT TEMPLE BEAVER PONDVIEW GLEN WAY FOREST NELSON SIXTH FIFTH STATE MAIN FOURTH THIRD MAIN CENTE R CEDAR MILL POND GRAND RIVER WEST EAST SAINT PAUL MAIN CHURCH SCHOOL HILLCREST OAK SEVENTH MADISON HYNE NORTH EAST DUTCHER SPENCER RIG HTON B IGH H BRIGHTON HIGH MICHIGAN LIVINGSTON BRIGHTON WASHINGTON THIRD SECOND PIERCE FRANKLIN FIRST CLARK HOPE ACORN AC ORN Location Map 333 N. Fourth Street LAKES IDE BRIGHTON LAKE ROBERTSON ADAMS RITA CARNEY BECKER ODOHERTY Legend SISU KNOLL APPIAN Lake or Pond Zoning Districts Zoning A1 Class A Residential A2 Single Family Residential R1 Single Family Residential R3 Low Density Multiple Family R4 Medium Density Multiple Family SHD Senior Housing District RT Residential Transitional C1 Community Shopping Center C2 General Business C3 Limitied Business C4 Limited Intensity Business/Office DBD Downtown Business District IA Light Industrial IB Intermediate Industrial LIP Light Industrial Park RM Research/Manufacturing OR Office/Research/Limited Manufacturing OS Office Service NORTHERN RIDGE BUT T SEWARD MOUNTAIN LAUREL LINCOLN NORTHRIDGEHILLS E RN U LEE GREEN ASH HE AT HE RTREE ALPINE ALPINE PERSIMM ON FLOWE RING BLACK WALNUT DARNEL FAIRWAY TRAILS LONG LEAF SYCAMORE VIEW BOXWOOD STEPH PLUM MIL DRED J MOUNTAIN ASH WILLOW SUGAR MAPLE ARBOR RIDGE HEATHERIDGE OAK RIDGE TREE P EPPERGROVE W OODRIDG E ROSEWOO D DURWOOD PIN EW O OD BAYWOOD LEE RIDGE PIN E KNOLL HILLS HIGHTREE OAK RIDGE HICK ORY E L M WOO D TEXKNOLL SPRING WHISPERING OAKS WATER TOWER WOODLA K E BROOKE WOODLAKE SPRING BROOKE SUMMIT RICKETT MAURICE CONITIONAL ZONED (CZ) PARCELS CZ# Parcel ID Date Effective /22/ , , , , /18/ /1/ /31/2014 W OODFIELD SQUARE REDMAPLE

18 City of Brighton Future Land Use Map \\Ierbrifs1\projects\IER\12766\ \GIS\Drawings\Brighton Future Land Use1.mxd Legend Lakes and Ponds Single Family Residential Low Density Mixed Residential Moderate Density Mixed Residential General Business Local Business Mixed Office/Commercial High Density Mixed Residential Mixed Use Downtown Mixed Industrial/Research/Office Industrial Community Service Revision Date March 28, 2011

19 CITY OF BRIGHTON LIVINGSTON COUNTY, MICHIGAN ORDINANCE NO. 580 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF BRIGHTON BY AMENDING THE ZONING MAP DESCRIBED IN SECTION OF CHAPTER 98, ARTICLE II, THEREOF. THE CITY OF BRIGHTON ORDAINS THAT: I. The real property described below and commonly known as 333 N. Fourth Street is hereby rezoned to R-3 (Low Density Multiple Family). Legal Description: SEC. 30 T2N, R6E, SMITH & MC PHERSON ADDITION LOT 137 This Ordinance shall take full force and effect fifteen (15) days from the date of adoption, pursuant to the City Charter. First Reading: Brief Publication: Second Reading: Public Hearing: Adoption: Full Publication: PAMELA STEWART, City Clerk JAMES MUZZIN, Mayor

20 City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL November 2, 2017 SUBJECT: REQUEST TO APPROVE ALCOHOL SALES BY DAN CHERESKO OF CHERESKO DEVELOPMENT, LLC, D/B/A, MAIN ST. STEAK HOUSE LOCATED AT 317 W. MAIN ST. AND WYNWOOD S LOCATED AT 311 W. MAIN ST. IN THE CITY OF BRIGHTON, MI ADMINISTRATIVE SUMMARY Dan Cheresko of Cheresko Development has applied to the Michigan Liquor Control Commission (MLCC) to obtain a New Class C Redevelopment License issued under MCL a(1)(b) with on premises permits for Sunday AM and PM sales. Brighton City Code 6-32 requires express approval of the Brighton City Council for a liquor license operation in the City of Brighton. The Brighton City Police department has conducted an investigation of the applicant's businesses including all stockholders above 10% ownership. A criminal record check reveals the stockholder has no violations. The required liquor license application fee has been paid to the City of Brighton. To qualify for consideration by the MLCC for a Redevelopment License, the redevelopment must meet certain requirements: o The business must be located within an established Development District. o The business must expend at least $75,000 for the rehabilitation or restoration of the building. o The business must demonstrate that there is a seating capacity of not less than 50 persons. o The total public/private investment in the Development District must be at least $200,000 over the preceding five-year period. The applicant meets the minimum requirements for consideration by the MLCC. To qualify for consideration by the City of Brighton for a Redevelopment Liquor License, the redevelopment must meet certain requirements: o The request is permitted by right within the Downtown Business District (DBD) or business zoning district. o The request is supported by the Master Plan, DDA Development Plan, Downtown Blueprint, PSD Tactical Marketing Plan, or other development guides applicable to the Development District. o The applicant does not have any current or outstanding code violations. o The applicant does not have and outstanding City taxes or City fees. The applicant meets the requirements for consideration by City Council. RECOMMENDATION The Brighton City Police Department has determined that the applicant meets the requirements of the City of Brighton s liquor control ordinances (6-31 to 6-41) and therefore recommends approval of the request. brightoncity.org 200 North First St. Brighton, MI (810)

21 City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL November 2, 2017 The Community Development Department has determined that the applicant meets the minimum requirements for consideration by the MLCC, and the local policy guide for considerations of applications for liquor licenses pursuant to PA 501 of It is recommended that City Council pass the accompanying resolutions which approve Cheresko Development, LLC, for Redevelopment Liquor License applications pursuant to PA 501 of Prepared by: Reviewed by: Approved by: Attachments: Craig C Flood, Deputy Chief of Police Brandon Skopek, Community Development Associate Rob Bradford, Chief of Police Nate Geinzer, City Manager 1. Resolution #17-XX Approving the Sale of Alcoholic Liquor at 317 W. Main Street 2. Resolution #17-XX Approving the Redevelopment Liquor License Application to the MLCC for 317 W. Main Street 3. Resolution #17-XX Approving the Sale of Alcoholic Liquor at 311 W. Main Street 4. Resolution #17-XX Approving the Redevelopment Liquor License Application to the MLCC for 311 W. Main Street brightoncity.org 200 North First St. Brighton, MI (810)

22 Resolution #17-XX City of Brighton A Resolution Approving the Sale of Alcoholic Liquor WHEREAS, pertinent sections of the Brighton Municipal Code require that the Brighton City Council expressly approve the sale of alcoholic liquor by any person or persons within the City of Brighton; and WHEREAS, the applicants have applied to the Michigan Liquor Control Commission for the purchase of a state issued liquor license to be used within the City of Brighton; and WHEREAS, the Brighton Police Department has conducted an investigation of the applicant and found said applicant to be in compliance with the Brighton Municipal Code; and therefore NOW, THERFORE, BE IT RESOLVED, that Cheresko Development, LLC, d/b/a Main St. Steak House, is approved to sell alcoholic liquor at 317 W. Main St. in the City of Brighton in accordance with the Brighton Municipal Code. AYES: NAYS: ABSTAIN: ABSENT: I, Pamela Stewart, City Clerk for the City of Brighton, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the City council at the Regular Meeting held on November 2, Pamela Stewart, City Clerk

23 Resolution #17-XX City of Brighton At the October 19, 2017 Regular Meeting of the Brighton City Council, called to order by On November 2, 2017 at p.m. The following was offered: Moved by and supported by That the request from Cheresko Development, LLC, d/b/a Main St. Steak House, for a new Class C license under MCL a(1)(b) and a Sunday Sales permit to be located at 317 W. Main Street, Brighton, Livingston County, Michigan. Be considered for approval above all others AYES: NAYS: ABSTAIN: ABSENT: It is the consensus of this legislative body that the application be recommended for issuance. State of Michigan ) County of ) I, Pamela Stewart, City Clerk for the City of Brighton, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the City council at the Regular Meeting held on November 2, SEAL Pamela Stewart, City Clerk 200 N. First Street Brighton, Michigan 48116

24 Resolution #17-XX City of Brighton A Resolution Approving the Sale of Alcoholic Liquor WHEREAS, pertinent sections of the Brighton Municipal Code require that the Brighton City Council expressly approve the sale of alcoholic liquor by any person or persons within the City of Brighton; and WHEREAS, the applicants have applied to the Michigan Liquor Control Commission for the purchase of a state issued liquor license to be used within the City of Brighton; and WHEREAS, the Brighton Police Department has conducted an investigation of the applicant and found said applicant to be in compliance with the Brighton Municipal Code; and therefore NOW, THERFORE, BE IT RESOLVED, that Cheresko Development, LLC, d/b/a Wynwood s, is approved to sell alcoholic liquor at 311 W. Main St. in the City of Brighton in accordance with the Brighton Municipal Code. AYES: NAYS: ABSTAIN: ABSENT: I, Pamela Stewart, City Clerk for the City of Brighton, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the City council at the Regular Meeting held on November 2, Pamela Stewart, City Clerk

25 Resolution #17-XX City of Brighton At the October 19, 2017 Regular Meeting of the Brighton City Council, called to order by On November 2, 2017 at p.m. The following was offered: Moved by and supported by That the request from Cheresko Development, LLC, d/b/a Wynwood s, for a new Class C license under MCL a(1)(b) and a Sunday Sales permit to be located at 311 W. Main Street, Brighton, Livingston County, Michigan. Be considered for approval above all others AYES: NAYS: ABSTAIN: ABSENT: It is the consensus of this legislative body that the application be recommended for issuance. State of Michigan ) County of ) I, Pamela Stewart, City Clerk for the City of Brighton, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the City council at the Regular Meeting held on November 2, SEAL Pamela Stewart, City Clerk 200 N. First Street Brighton, Michigan 48116