HomeMy WebLinkAboutPUBLIC HEARING - PH 2016-02-10 - SAD - RICHFIELD ESTATES
CITY OF LIVONIA
PUBLIC HEARING
Minutes of Meeting Held on Wednesday, February 10, 2016
______________________________________________________________________
A Public Hearing of the Council of the City of Livonia was held at the City Hall
Auditorium on Wednesday, February 10, 2016.
MEMBERS PRESENT: Kathleen E. McIntyre, President
Brandon M. Kritzman, Vice President
Scott Bahr
Maureen Miller Brosnan
Brian Meakin
Cathy K. White
MEMBERS ABSENT: Jim Jolly
OTHERS PRESENT: Mark Taormina, Director of Planning
Todd Zilincik, City Engineer
Paul Bernier, Assistant City Attorney
Bonnie J. Murphy, CER-2300, Certified Electronic Recorder
This is a Public Hearing relative to a Proposed Special Assessment Street Lighting
Project for Richfield Park Estates site condominiums located west of Newburgh Road
between Ann Arbor Trail and Joy Road in the Southeast ¼ of Section 31 and this would
establish an assessment roll. The City Clerk has mailed notices to those persons who
own land in the Proposed Special Assessment District, and all other requirements of the
code that pertains to Special Assessment Districts have been fulfilled. The Public
Hearing was called to order at 7:00 p.m. with President Kathleen McIntyre presiding.
There were six people in the audience. The Public Hearing is now open for comments.
Please state your name and address before making your comments.
McIntyre: I don’t know if first, Mr. Zilincik, if you would like to make some comments
on this item.
Taormina: Sure. City Council, Madam President, I just want to make a couple quick
background information for you and the audience. Again, as you alluded
to there will be two streetlights installed that are on 14-foot fiberglass
poles that will coincide with the existing lights that are out there and based
on the information provided by DTE, the developer will pay, make a
contribution payment for the installation of lights and then the electricity
will be then billed to the property owners of which there is eight and the
annual amount anticipated is $94.00 and then that may go down after the
2
first year itself, probably to $7.00 to $12.00 is what we’re estimating. And
again in the future if it’s approved or whatever they can maybe approach
City Council at a later date to maybe go LED at a later date like we had
Sherwood Forest do previously. Hopefully that will give quick answers for
the background and costs for the residents and what’s going to be
installed there, so any further questions I’ll be happy to answer them to the
audience or to Council. Thank you.
McIntyre: Mr. Meakin.
Meakin: So are these able to be retrofit with LEDs?
Zilincik: Correct.
Meakin: So they’re not going to replace the whole innards, they can just put an
adapter in there?
Zilincik: DTE should be able to retrofit them at a later date depending on when the
entire subdivision may want to consider that.
Meakin: Thank you.
McIntyre: Council, are there other questions for Mr. Zilincik?
Brosnan: Madam Chair.
McIntyre: Ms. Brosnan.
Brosnan: Through the Chair to Mr. Zilincik, in the Notice to the community, it
mentioned colonial top posts; is that what you’re referring to when you say
the fiberglass posts? When you say the fiberglass posts, I’m picturing just
the long arching arm post. What is the colonial top post?
Zilincik: At best it’s just basically a black post that comes with a lantern at the top
that will coincide with the existing lights that are east of the development
that was put in previously, so it will be harmonious with the existing site.
Brosnan: Okay. And there is a picture in our file, thank you. That helps. It’s what I
was hoping it would be so thank you.
Zilincik: You’re welcome.
McIntyre: Anybody else have any questions for Mr. Zilincik? If our Petitioner is here
this evening?
3
Zilincik: It’s by Leo Soave, but he had put a deposit for the ultimate installation of
lights so I don’t know if he would be here tonight but he knows he’s
responsible for the portion for payment to install these lights.
Meakin: And the eight residents whose taxes will be going up by $94.00 a year.
Madam President, I’ll offer an approving resolution for the assessment.
McIntyre: Okay.
Brosnan: Madam Chair.
McIntyre: Yes.
Brosnan: Just for background information, we talked about these LED lights before
and you mentioned that in the future they could be retrofitted to be LED.
Why is it that we don’t start there now that we know this is better and more
cost effective technology?
Zilincik: Again, since there is existing high pressure sodium lights and then you
have two that are LED lights, I think at the appropriate time it would be
ideal to have it harmonious with the LED lights. There’s no record against
doing the LED lights at this time but I believe when the developer paid the
deposit, it was the impression that it would be high pressure sodium.
Again, City Council has the authority if they so desire to in the future
recommend a policy that we can move forward with any future
development as an LED light for obviously making it more energy efficient
and less greenhouse gasses but I believe we’re moving in that direction as
you’re aware, so that’s not to say we can’t do it, I was just trying to be
harmonious and fair to the subdivision and allow that to be done at the
appropriate time.
Brosnan: What’s the cost to retrofit?
Zilincik: I’d have to get with DTE but I think, for instance, on the streetlights that we
have out here, there are four hundred mercury vapor lights, typically those
cost $600.00, I can’t imagine they would be more than a couple hundred
dollars to retrofit the light itself. The key thing I think we’re having
concerns with is when these two lights were going in to LED lights, there
was an issue with the post, you would have a different post possibly than
the existing ones that were there, you know, for the new retrofits. You
know they test these different LED lights, whatever DTE does, but I know
moving forward it’s something to consider, a policy that we can look at to
make future lights for all new developments LED lights, if that’s something
that the City Council desires.
4
Brosnan: And I think that for me anyways what’s important is the understanding
what it means to retrofit. Now you just described to me that or maybe I
misunderstood, that a retrofit would involve a new post. Is that correct?
Zilincik: I think what the problem was when this was done in August, DTE was
coming on line in January, they were hoping the posts for LED lights
would become part of their stock, whatever, and it’s still in play right now.
But basically all you’re doing is taking the light inside and retrofitting it with
the driver that can handle basically a storm or lightning or something like
that, it’s grounding them, just a matter of changing the guts and replacing
that at a later date.
Brosnan: So the architectural nature of the light itself doesn’t necessarily have to
change, should a neighborhood decide that they want to retrofit and move
to LED?
Zilincik: Right. One of the other considerations we have to consider, too, is when
you do LED lights, sometimes they don’t have illumination as the high
pressure sodium so there may be additional lights that need to be put in.
So the benefit is, yes, you’ll see the energy on the savings, but you may
have to put one more light out there to cover the area as standards
require, so that’s the downfall of LED lights in some instances where
depending on what you’re trying to illuminate, there may be additional
lights for the LEDs as the high pressure sodium may cover more ground.
Brosnan: It’s not often that we have a chance these days given the stage of
development of our community and the lack of development in new
construction on houses and condominium developments and things like
that, so it wouldn’t be often that we would have a chance to begin with
LED but are communities around us doing that and putting programs in
place where that is the request of developers when they first begin a
project?
Zilincik: I’d have to check with different communities itself, but I remember sitting
on City Council about seven years ago we did one over on Taylor
Boulevard, the first one in the city, and then we expounded since then on
our city streetlights itself. But as far as development, I think it depends on
what the policy is for street lighting requirements but I think it needs to be
looked at again, the ordinance, as far as LED as maybe a requirement
now that we can look at, upgrading that ordinance with the Law
Department.
Brosnan: Is this a thing, Mr. Zilincik, that your department is interested in taking on
at this point?
5
Zilincik: Sure, we can. Again, anything to save energy and obviously to reduce
greenhouse gasses, that’s I think what the City’s intent has been, and
seeing as we’ve got new development coming in with new subdivisions
that are taking fruition now.
Brosnan: Okay. Madam Chair, then I’m going to offer, in addition to the approving
resolution, a resolution requesting a report and recommendation from the
Engineering Department for a review of our current light standards,
especially as it relates to new developments.
McIntyre: Okay, thank you. All right, so we have two resolutions, one from
Councilman Meakin, an approving resolution for the creation of this
Special Assessment Street Lighting Project in Richfield Park Estates, and
a second resolution from Councilperson Brosnan asking for a report and
recommendation from the Engineering Department about LED lights as
the standard going forward, is that correct?
Brosnan: Thank you, yes.
McIntyre: Thank you. Any further discussion, questions? All right. We’ll move on to
the second item.
Zilincik: Madam President, I’m sorry to interrupt, I think there’s some audience
members on the previous item that didn’t get a chance to speak, I’m sorry,
I apologize, I wasn’t sure if they wanted to come to the podium or not.
McIntyre: No, thank you. I’m sorry, please come to the podium. Thank you, Todd.
Zilincik: I didn’t mean to interrupt you.
McIntyre: No, no, no. Good evening.
Tominac: Good evening. I’m Stephen Tominac at 37508 Quail Chase Drive in the
new subdivision, Richfield Park Estates. Thank you, sorry, I didn’t know
when to comment.
McIntyre: No problem, I didn’t make it clear. That was my fault, not yours. Thank
you for indicating you wanted to speak.
Tominac: I also, along with my neighbor, were wondering about the LED lights. In
our initial letter that we received in the mail about this project it stated LED
lights so I myself was excited that we would get the new technology. But
in the subsequent meeting it was changed to high pressure sodium. I do
understand that the existing subdivision is high pressure sodium but with
the new information today with it eventually possibly going to LED, my
concern would be what additional costs would be imposed at a later date
6
compared to the additional costs today. I think the difference in the cost is
$95.00 between the high pressure sodium and the LED today, it was
mentioned that maybe a couple hundred dollars to retrofit to LED in the
future. To me I think going to LED today for the two proposed lights and
then possibly for the rest of the lights in the subdivision would be a good
idea.
McIntyre: Okay, thank you. Mr. Zilincik, did you want to, it was my understanding,
again, maybe I don’t have this right, that the reason you’re going to the
high pressure sodium is because the poles that are available to match the
existing poles require the high sodium lights, is that correct?
Zilincik: I think there was an issue with the stock. When we got the quote from
DTE back in September, they would install two 53 watt LED lights but the
problem was having that in stock. If it got hit, then it would have to be a
cost to the residents to replace. They were in the transition of getting a
stock pole for LED lights. That was the issue. So that’s why we’re again
recommending the high pressure sodium to be harmonious with the
existing stuff and as you know we had a development come in, or an
existing subdivision, Sherwood Forest come in, they had to pay, I think
there were I think twenty-seven folks on that, they wanted to retrofit it, to
pay to upgrade those lights at that time. So, again, I’m just, this is only my
opinion but the problem was if the light got hit and damaged, then it would
have to be borne by the cost of the homeowner’s association because
even though it’s a DTE light or whatever, they’d have it in stock at the
time. Yes, the cost to install, I mean the operating cost would be less,
$609.00 for annual operating costs compared to $752.00. Really the
difference is $94.00 for high pressure sodium compared to $82.00 for LED
lights. But the difference is replacing it if it got hit.
McIntyre: And they might need an additional LED light?
Zilincik: Correct.
McIntyre: Okay.
Meakin: Todd, since we have a motion on the floor, can we get the actual costs of
what it would be for the LEDs at this time?
Zilincik: We have it here, it’s just, again, it’s if they installed two high pressure
sodium, the cost would be $609.00 for operating costs compared to
$752.00. But again, I could check again with DTE to see if, you know, we
could check with them regarding the stock of the LED lights so I will have
to get back to you.
Meakin: And then whether we’d have to put a third light in?
7
Zilincik: Correct.
Meakin: Let’s have all that information for the next meeting and change it if we
have to.
Zilincik: Okay.
Tominac: Yes, I would like to see the light differences on the output, if they have
some sort of, not just lumens but the area of coverage between the two.
Kritzman: Photometric.
Zilincik: Photometric, yes.
McIntyre: All right.
Brosnan: Madam Chair.
McIntyre: Ms. Brosnan.
Brosnan: Just so that we’re prepared then for the next meeting in the event that we
do opt to go with the LED lighting, perhaps it would be wise if we had the
Law Department prepare both resolutions, one for the traditional sodium
and the other with LED.
Meakin: We might be rushing at the end to get the third light in if we had to, but
they can still have it prepared.
Brosnan: Right.
Tominac: My concern would be if we do retrofit to LED at a later date that additional
costs would be imposed to the residents when we could get you know
some of that cost being covered by the developer at this point in time.
And then secondly I had a separate thing. Back in the previous meetings
there was ten lots that were in this new subdivision added onto the
existing subdivision. Those two lots, those two lots out of the eight or out
of the ten are not in this proposed lighting assessment and I was
wondering if they will be in the existing neighborhood assessment area.
McIntyre: Good question.
Zilincik: I think actually we got the resolution was to include the eight at this time,
even though there are two outlots there that could be considered through
an SAD and those costs would provide, you know, obviously reduce the
costs but that’s something that’s possible to consider to assess the other
two lots for that assessment, that can be considered also. But it would
8
just reduce the costs down, but I mean you do benefit but they would need
to be included through a public hearing of the roll through this again. So
the direction I was given was to move forward with the eight lots that were
out there for the two high pressure sodium lights based on the Council
resolution that was approved.
McIntyre: I think it would have been helpful if we had Mr. Soave here tonight.
Brosnan: Madam Chair.
McIntyre: Ms. Brosnan.
Brosnan: Is there, Todd, a reason why those two lots wouldn’t be included, is it
simply because they’re not developed yet or?
Zilincik: They would benefit if they were developed, I think there’s a lot of choices.
What happened at the last public hearing, you know, the first public
hearing I was gone, the public hearing of necessity, there was a lot of
options that were thrown out there, you know. I think we gave too much
information at the first meeting where it kind of all it was a necessity for
lights and I think we tried to, you know, obviously give you all information
as far as eight lots, ten lots, LED lights, high pressure sodium, and I think
it got condensed down to obviously moving forward as promptly as we
could to get the street lighting out there using the eight folks with the two
high pressure sodium lights. And that’s the direction that the Engineering
Department took to move forward with this project itself. Again, there’s no
reason why they can’t be included but I think they would have to be – the
Assessor’s office would have to send a notification to them and have
another public hearing to include them or do the eight now and then
include the other two at a later date. So it depends on however the City
Council desires to move forward with that, whether to redo another public
hearing with all ten, or to do the eight and then include the two at a later
date.
Brosnan: And then through the Chair to the Law Department, should we determine
based on discussion here this evening that we did wish to include the two
additional lots as Mr. Zilincik indicated, he’s probably right, we would
probably have to go back and determine the assessment, the need of the
ten lots, and then would we also have to come back to this public hearing
and redo this one again as well?
Bernier: I believe we’re going to have to have to do it again. Because those lots,
the people out there are entitled to have their voices heard. And they
simply haven’t at this point, with what’s being proposed now. So I think if
you wanted to go to the additional lots you would basically have to start all
over again with a public hearing.
9
Brosnan: Yes. You know, I would hate for us to get so wrapped up in our process
that we don’t do the job right. And I think this gentleman raises a very
good point in terms of we might have gotten caught up in trying to move
this along quickly and efficiently and lost sight of the fact that there was a
little bit more equity that needed to be considered here. So I would as
one person be in favor of going back and beginning the process again if
that’s what’s necessary.
Meakin: Let me follow up with that. Madam Chair, through the Chair to the Law
Department, since it’s an undeveloped lot doesn’t it go back to the
Petitioner then? Is it his decision whether to have a voice or not in the
process?
Bernier: You know, I’m going to punt on this to tell you the truth, I think I would
have to look that up, but if it’s going to affect the property, the owner of the
property has a right to be heard on this.
Meakin: The owner of the property right now is the Petitioner.
Bernier: The developer, I agree.
Zilincik: Madam President, the two outlots have been developed and sold to their
existing homeowners there. So this a unique situation. You have condos,
two outlots, and then the condos. My intention was, I would assume the
best easiest way to skin this cat would be to get the eight people done
now because they’ve been heard and go back and get the other two at a
later date with a separate public hearing and that will help reduce the
costs if that was necessary for the existing eight that were part of this.
McIntyre: Vice President Kritzman.
Kritzman: Thank you. Todd, you just mentioned that – I’m glad you clarified the lots
that we’re talking about to an extent because I was wondering what outlots
we were talking about. So, where are these two, are they on the end cap?
Zilincik: It’s Richfield Estates, there’s two outlots, one on the north, one on the
south and then you continue on with the Quail Chase Drive, there’s
several lots, there are eight lots that these homeowners are impacted. So
it’s kind of a unique situation where you had a development condo
association, two outlots, and then eight lots that were developed in that
area.
Kritzman: Which two are those?
Zilincik: It would be 9285 and 9284, the two outlots that we’re talking about.
10
Kritzman: And they’re obviously benefitting from something, so to the gentleman’s
point standing at the podium, if they’re not part of this one, they should be
part of the other one. But just how we move forward with that, I don’t
know, we’ll have to go back to the punter.
Bernier: At least I’ll say what I don’t know. It’s always preliminary to give notice
and everybody who is going to be affected heard. As Ms. Brosnan said, if
you’re going to consider doing that, it’s better to slow it down and give
everybody who’s going to be affected their opportunity to be heard.
Unless you went the approach that Mr. Zilincik indicated, do the eight now
and then come back later when the other two want to go up, when you put
up the other one.
Zilincik: There would only be two put up but the thing is they would help reduce the
cost to the eight that would be impacted now.
Bernier: Right.
Zilincik: But it would be a hearing that would help because they would benefit by
just a matter of help reducing the overall cost to the existing eight and then
the two would have to participate then if that is the Council’s desire.
Brosnan: Madam Chair, perhaps what we need to do then is to because we do have
an item before us tonight and a decision to be made on this and whether
we offer no further action on that or not is probably more relevant once we
go through this process again. So I would ask that this item be placed into
committee and have a separate resolution to begin the special
assessment process once again for this neighborhood to include ten lots
versus eight and if that means now beginning with another public hearing
then we’ll have to get that scheduled.
Meakin: Madam Chair.
McIntyre: Yes.
Meakin: May I ask my colleague what’s the point of going to committee then?
Brosnan: The only point of going to committee, Councilman Meakin, is that if we
decided that -- I guess I’m not assuming that we’ve got the votes to move
forward with another beginning of the process again. This way we would
have still not abandoned ship on this and we can still continue with the
eight lights or the eight homes being assessed for two lights. But I mean if
it’s the general consensus of the folks here this evening that we move
forward then we can just not go that way then.
11
Meakin: As long as we’re voting it right, that’s the most important thing.
Brosnan: Right. I think you and I are in agreement on that. I haven’t heard from
everybody though.
McIntyre: Council, anyone else? So right now we have an approving resolution, we
have a resolution to get a report and recommendation from the
Engineering Department on LEDs, we have a motion to begin the process
over again with all ten and another motion to place into committee.
Brosnan: And you have the approving resolution.
McIntyre: I’m sorry, the approving resolution from Meakin and then the Engineering
Department, the motion to start over again and then the other motion to
place into committee
Brosnan: I think if we had a sense of where everybody was going then maybe we
could take some off the table tonight but that’s up to the rest of the
Council.
McIntyre: Well, would anyone like to withdraw the approving resolution? Does
anybody else from the audience wish to comment?
Withey: No, Steve covered my comments.
McIntyre: Thank you. I didn’t want to miss somebody again. All right, if there’s
nothing else then we will close this with four different motions.
Tominac: I just had one more question, sorry. On the letter it says that I would need
to, after this meeting then protest to the State Tax Tribunal, is that the
case at this time or is that something that would be done at a future
meeting, future time?
McIntyre: Is what he stated correct, Mr. Bernier?
Bernier: Yes, no decisions were made yet so there’s nothing to appeal.
Tominac: Okay.
McIntyre: Yes, there’s no decision.
Tominac: Okay, I just wanted to clarify that, thank you.
McIntyre: Thank you. No problem.
Tominac: Thanks for hearing me.
12
McIntyre: No problem. Okay, anyone else? We will now close this item and move to
the second item.
As there were no further questions or comments, the Public Hearing was declared
closed at 7:25 p.m.
SUSAN M. NASH, CITY CLERK