Council Minutes

January 21, 2003 Meeting Minutes

1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL

Public Hearings

Prior to the consideration of the regular Agenda items, President Gregory advised that City Council will conduct three Public Hearings.

First Public Hearing - Application for Intermunicipal Transfer of Liquor License - 1214 Stefko Boulevard

President Gregory called the first Public Hearing to order.

No one spoke to the matter of the first Public Hearing.

President Gregory advised that the appropriate resolution will be placed on the February 4, 2003 Council Agenda.

The first Public Hearing was adjourned at 7:35 P.M.

Second Public Hearing - Rezoning Request - Lehigh Valley Hospital - Muhlenberg Campus - CM to I

President Gregory called the second Public Hearing to order.

A. Planning Commission - Rezoning Request - Lehigh Valley Hospital - Muhlenberg Campus - CM to I

The Acting Clerk read a memorandum dated January 10, 2003 from Darlene L. Heller, Director of Planning and Zoning, which stated that the Planning Commission, at their January 9, 2003 meeting, voted 3-0 to approve the above-referenced zoning map amendment.

B. Lehigh Valley Planning Commission - Rezoning Request - Lehigh Valley Hospital - Muhlenberg Campus - CM to I

The Acting Clerk read a letter dated December 19, 2002 from Frederic H. Brock, Assistant Director, Lehigh Valley Planning Commission, which stated that the Lehigh Valley Planning Commission reviewed the subject zoning request on December 19, 2002. The Commission believes the selection of districts is a matter of local choice in this case and that both districts are consistent with the plans and policies of the Comprehensive Plan for Lehigh and Northampton Counties.

Darlene Heller, Director of Planning, advised that the Planning Commission reviewed the matter at their January 9, 2003 meeting and voted to approve the rezoning request. This request was submitted by Lehigh Valley Hospital at the request of the Planning staff during a prior site plan review for this property. The parcel is 16.5 acres and is abutted only by Institutional uses right now and the western border is bounded by Route 378. The use is appropriate in both the zoning districts and a land development proposal is currently being reviewed from Lehigh Valley Hospital which further incorporates the two parcels.

Mr. Delgrosso asked if this is rezoned to I if the property would then not be taxable. Ms. Heller said the property is exempt now and the Tax Assessment Office had advised her that it is the use of the property and not the zoning of the property. She added that if it were still CM and some other use came along it would not be exempt, but currently it is being used by the Hospital.

Dennis McCarthy, of Duane Morris representing Lehigh Valley Hospital, stated that on November 7, 2002 Lehigh Valley Hospital submitted a petition to rezone the parcel from CM to I. The Lehigh Valley Planning Commission said it is a matter of local concern and the City Planning Commission recommended that the petition be granted. He said it is his understanding that the City Planning Department has complied with the notice requirements set forth in Section 1326.03 of the City's Zoning Ordinance.

Attorney McCarthy recognized Bruce Anderson, The Pidcock Company, who described the subject parcel as west of the tract, bounded on the west by Route 378 and lands of the Hospital on the north and east, and Bathgate Drive on the South. He said the surrounding property to the west of Route 378 is zoned Institutional. Mr. Anderson said the property is utilized as an integral part of the campus, is connected by a main access drive, and the traffic through the site uses this together with the other hospital building.

Brian Hardner, Director of Facilities and Construction, Lehigh Valley Hospital, described the current use of the property as administrative office functions that support Lehigh Valley Hospital. Mr. Hardner said the idea for future use would be to continue development that is consistent with the current use of the hospital today.

Mr. Donchez asked what the time frame is for construction if this is approved. Attorney McCarthy responded that what is before Council is only the petition to rezone. Mr. Donchez asked if it were approved, what would the time frame be for the land development. Mr. Hardner said two years.

Mr. Delgrosso asked if there is only the one building presently on that site. Mr. Hardner responded yes. Mr. Delgrosso then asked if there was a breakdown on what future employment plans are on the site. Attorney McCarthy responded that at this evening's meeting there was no one to answer that. Mr. Delgrosso asked if that information could be provided.

Tony Hanna, Director of Community and Economic Development, advised that he and his staff have been briefed by Hospital staff and said he could provide at least part of the long range plan and stated there is a rather ambitious land development proposal which will be before the Planning Commission next month.

Mr. Delgrosso said sometimes there is enough employment put into a place that makes up the difference in subsidizing the taxes. Mr. Hanna said it is an ambitious and substantial development project. Mr. Delgrosso said he thinks that is important to know when making changes like this.

Mr. Donchez asked if, since the Lehigh Valley Hospital and Muhlenberg merger, there has been any overall Master Plan discussed or submitted for the large tract of land. Mr. Hanna replied that they have done several significant projects on the campus so far, including the new children's hospital, the psychiatric wing, and other medical office buildings and improvements. Mr. Hanna said this is a much more significant project in that they are taking the actual hospital and building an essentially brand new hospital. Mr. Donchez asked if information could be provided to Council. Mr. Hanna said he thought that part of the submission to the Planning Commission will be a presentation on the whole development.

President Gregory said the appropriate Ordinance will be placed on the February 4, 2003 Council Agenda for First Reading.

The second Public Hearing was adjourned at 7:50 P.M.

Third Public Hearing - Amending Zoning Ordinance - Section 1311.02 Use Regulations - Paragraph (1) by Adding Paragraph (11) - Allowing Motor Vehicle Sales and Service Agency as a Use Permitted by Right in the CG District

President Gregory called to order the third Public Hearing.

C. Planning Commission - Zoning Text Amendment - Adding Motor Vehicle Sales and Service Agency as a Use Permitted by Right - CG District

The Acting Clerk read a memorandum dated January 10, 2003 from Darlene L. Heller, Director of Planning and Zoning, which stated that at its January 9, 2003 meeting, the Planning Commission voted 3-0 to recommend that the referenced zoning amendment should not be adopted. Their motion also included a recommendation to revise the definition of repair garage and to add a definition of auto body shop to separate those uses.

D. Lehigh Valley Planning Commission - Zoning Text Amendment - Adding Motor Vehicle Sales and Service Agency as a Use Permitted by Right - CG District

The Acting Clerk read a letter dated December 19, 2002 from Frederic H. Brock, Assistant Director of the Lehigh Valley Planning Commission, which stated that at the Commission's December 19, 2002 meeting the Commission considered the referenced matter to be one of local concern only and voted to return no comments.

Ms. Heller stated that the City Planning Commission reviewed this at their January 9 meeting and recommended to not approve the text amendment. "I'd like to review the memo that we prepared for the Planning Commission. First it referred to the prior memo on this matter on motor vehicle sales and service agencies back from October that describes where these uses are currently permitted and what the current requirements are. We also took a look at what is permitted use versus special exception use. They both are actually permitted uses. A permitted use would be where the City staff could actually issue a permit for an application provided that it meets all the requirements. A special exception use is actually a permitted use that is permitted through the Zoning Hearing Board through public review. We also did attach the general requirements for special exception uses. That typically is done where a use is considered to be appropriate but public review and input from neighbors might also be appropriate and the Zoning Hearing Board can attach reasonable conditions to such uses. Then also following some questions from the Planning Commission at the prior meeting and also from City Council, we made a comparison to some similar communities, Allentown, Easton and Harrisburg, similar urban communities. We took a look at two things, how they define these uses and also where they permit them within their zoning ordinance. One thing that we found was that the definition of auto sales and auto repairs does differ from what we have in our ordinance. In our ordinance we also include auto body shop within that use and we do not feel that appropriate. Our recommendation also is that should be separated out, that we should have separate definitions for those uses and we did provide a separate memo if you are inclined to pursue that, we can do that at a future meeting. The other thing that we took a look at is what zoning districts they do allow those uses in. Actually it is difficult to make a direct comparison with other zoning ordinances. No two communities are exactly alike. There is no specific system for naming zoning districts. We did see that for each of those communities, they allow automobile repairs in a light industrial or a highway business/light industrial zoning district. They do not permit those uses in their downtowns or general commercial zones like we do. We do not have a highway business zone, probably the closest thing we have to that is CS, the shopping center zoning district. We feel that those zoning districts, the light industrial and the highway business, really provide for more suburban style development. They typically include larger lots. Typically the lots are much more commercial uses than residential. The other thing we looked at was our own CG zoning district and there are a lot of different types of CG zones. For instance, there is quite a bit of CG zoning along Stefko Boulevard. Those areas might have larger lots, mostly commercial uses, but CG is also included on East Fourth Street and in the Five Points where the lots are much smaller. There are some residential uses mixed in there. Probably not as appropriate for motor vehicle sales and service agencies. Our recommendation at this point in time is that we do not change the zoning ordinance to allow the uses permitted by right. We feel that extra layer of review in front of the Zoning Hearing Board is good, it allows neighbors to provide comments, if necessary, it allows the Zoning Hearing Board to add reasonable conditions. We do, however, recommend that we do take a look at the definition of repair garage which we can do at a future meeting if appropriate."

Mrs. Belinski asked what is the recommendation for these repair garages where they do painting and body work to keep it in light industrial, not exempt that.

Ms. Heller replied that they believe that repair garage should be one defined use and an auto body shop should be another. Auto body shops would probably be appropriate in the light industrial zoning districts but then not permitted in CB or CG where they are permitted now.

Mr. Delgrosso, referring to other cities that have a highway zone which are suburban and outside the city, said what we are seeing in Bethlehem is different in that we have LI which is inside the city. For example, the LI on Union Boulevard that was once suburban, is now part of the city. He said he thinks LI should be looked at to determine what it is and where it is in the city. He said those are not areas where we would want LI. Mr. Delgrosso said he thinks the whole City should be reviewed as far as zoning, and whether it is appropriate today. He said he agrees that garages and bodywork should be out in an LI zone.

President Gregory stated that the appropriate Ordinance will be placed on the February 4, 2003 Council agenda for First Reading.

The third Public Hearing was adjourned at 7:55 P.M.

4. APPROVAL OF MINUTES

The minutes of January 7, 2003 were approved.

5. COURTESY OF THE FLOOR (for public comment on ordinances and resolutions to be voted on by Council this evening)

None.

6. OLD BUSINESS

None.

7. COMMUNICATIONS

E. Police Commissioner - Allentown Police Academy Training Resolutions

The Acting Clerk read a memorandum dated January 7, 2003 from Francis R. Donchez, Jr., Police Commissioner, requesting that City Council pass two Resolutions required for Bethlehem Police Officers to attend recruit training at the Allentown Police Academy.

President Gregory stated that authorizing Resolutions 11 A and 11 B are listed on the Agenda.

F. Deputy Director of Community Development - Growing Greener Grant Application - Saucon Creek Watershed

The Acting Clerk read a letter dated January 14, 2003 from Dana B. Grubb, Deputy Director of Community Development, requesting consideration of a Resolution for a grant application, in partnership with Lower Saucon Township, which would seek to fund an assessment of the Saucon Creek Watershed area. The City is one of a number of communities who are being asked to support this initiative due to the geography of the study area.

President Gregory stated that authorizing Resolution 11 C is listed on the Agenda.

G. City Solicitor - Use Permit Agreement for Public Property - American Association of University Women, Bethlehem Branch - 2003 Book Fair - Memorial Pool Building

The Acting Clerk read a memorandum dated January 16, 2003 from Joseph F. Leeson, Jr., City Solicitor, to which was attached a proposed Use Permit Agreement and Resolution between the American Association of University Women, Bethlehem Branch, and the City for use of the Memorial Pool Building for the 2003 Book Fair, according to the terms and conditions of the Agreement.

President Gregory stated that the appropriate Resolution will be placed on the February 4, 2003 Agenda.

H. Rezoning Request - West Second Street and Union Station Plaza - HI to CB

The Acting Clerk read a letter dated January 15, 2003 from Bryan L. Ritter, President, Jena Engineering Corporation, for an amendment to the Zoning Map to rezone a parcel of land bounded on the south by West Second Street, on the west by Union Station Plaza, on the north by the lands of the railroad, and on the east by the Fahy Bridge, from HI - Heavy Industrial to CB - Commercial Business. The property is under an agreement of sale by Lehigh Riverport Development L.L.C. The development will include apartments, health club, spa and pool and may also include a restaurant, laundry and dry cleaner and other retail stores which will be located within the existing building. 328 parking spaces located within and outside the building to the east beneath the Fahy Bridge will be provided.

President Gregory referred the request to the Planning Commission.

Scheduling Public Hearing

Mr. Donchez and Mrs. Belinski moved to schedule the required Public Hearing at the March 4, 2003 City Council Meeting at 7:30 P.M. in Town Hall.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The motion passed.

8 . REPORTS

A. President of Council

B. Mayor

1. Administrative Order - Andrew Twiggar - Planning Commission

Acting Mayor Dennis Reichard read the Mayor's appointment of Andrew Twiggar to the Planning Commission, effective until April 2004. Mr. Donchez and Mr. Delgrosso sponsored the Resolution.

Mrs. Belinski motioned to table the Resolution. She stated there are only four members of Council present and one nay vote would deny the person this position. She said she had several questions to pursue. Mr. Gregory seconded the motion.

Voting AYE on the motion to table: Mrs. Belinski, Mr. Delgrosso, and Mr. Gregory, 3. Voting NAY: Mr. Donchez, 1.

In light of comments made subsequently by Christopher Spadoni, Council Solicitor, Mr. Donchez stated that out of respect for his colleagues since Mrs. Belinski did make the request, and in light of the fact that there are four of the seven Members of Council present this evening, he would agree to table the Resolution.

Attorney Spadoni asked that, in order for the record to be complete, the roll be called again on the motion to table.

Voting AYE on the motion to table: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The motion passed.

2. Administrative Order - Carmelo V. Huertas - Bethlehem Parking Authority

Acting Mayor Dennis Reichard read the Mayor's appointment of Carmelo V. Huertas to the Bethlehem Parking Authority, effective until January 2008. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,994 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The Resolution passed.

3. Administrative Order - Dino P. Cantelmi - Bethlehem Parking Authority

Acting Mayor Dennis Reichard read the Mayor's appointment of Dino P. Cantelmi to the Bethlehem Parking Authority, effective until January 2008. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,995 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The Resolution passed.

4. Administrative Order - Richard L. Master - Bethlehem Authority

Acting Mayor Dennis Reichard read the Mayor's appointment of Richard L. Master to the Bethlehem Authority, effective until January 2008. Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,996 to confirm the appointment.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The Resolution passed.

5. Administrative Order - Sandra E. Figueroa - Board of Health

Acting Mayor Dennis Reichard read the Mayor's appointment of Sandra E. Figueroa to the Board of Health, effective until January 2008.

Mrs. Belinski and Mr. Delgrosso motioned to table the Resolution. Voting AYE to table: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The motion passed.

9. ORDINANCES FOR FINAL PASSAGE

None.

10. NEW ORDINANCES

None.

11. RESOLUTIONS

A. Approving Provisions - Police Officer Training at Allentown Police Academy

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,997 which authorized the City to allow certain designated employees the opportunity to attend the Police Training School at the Allentown Police Academy, and acknowledged that those employees while engaged in the training are and shall be the employees of the City of Bethlehem and all the results and consequences thereof shall be at the sole risk and full responsibility of the City of Bethlehem, according to the Resolution.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The Resolution passed.

B. Obtaining Reimbursement - Police Officer Training

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,998 which authorized the City to obtain reimbursement of monies for expenses incurred for Officer Stephen J. Marks pursuant to the training provisions of the Municipal Police Officers' Education and Training Act, and agreed that while receiving funds from the Commonwealth pursuant to said Act, the City shall adhere to the rules established by the Commission.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The Resolution passed.

C. Authorizing Growing Greener Grant Application with Lower Saucon Township - Saucon Creek Watershed

Mr. Donchez and Mr. Delgrosso sponsored Resolution 13,999 which authorized the City to participate in a partnership with Lower Saucon Township for a Growing Greener Grant Application for the purpose of securing funding for a Watershed Assessment of the Saucon Creek, and that the Director of Planning and Zoning will serve as the primary contact for this purpose.

President Gregory asked what is meant in the Resolution as far as access to staff, provision of documents, etc.

Ms. Heller responded that Lower Saucon is actually the grant applicant but is asking the municipalities who share the watershed to send a letter of support and agree to support the project through staff and in-kind services, such as supplying copies of ordinances and reports, and attending committee meetings, not much more than that. She said this includes Saucon Park, so it might include studies that might have been done regarding the park and things like that.

Voting AYE: Mrs. Belinski, Mr. Delgrosso, Mr. Donchez, and Mr. Gregory, 4. The Resolution passed.

12. NEW BUSINESS

Letters from Martin Gilchrist of Urban Research and Development Corporation

Mrs. Belinski read a letter from Mr. Gilchrist to Hector Nemes, Executive Director of the Bethlehem Parking Authority, congratulating him on the new Bethlehem Parking Authority brochure. Mrs. Belinski said Mr. Nemes advised that the credit goes to the new Marketing Director, Lynn Logue, who is also the liaison to the Downtown Business Association.

Mrs. Belinski also read a letter from Mr. Gilchrist to Charles Brown, Director of Parks and Public Property, commending him on the new signage in the City, and his congratulations to Mr. Brown "for his never ending days and efforts provided to the City".

13. COURTESY OF THE FLOOR

Comment on No Representation at Transfer of Liquor License Public Hearing

Patrick Herrity, 732 Hawthorne Road, questioned holding the Public Hearing without the principals in attendance. He said he felt it gives them a free ride as far as questions from the public. Attorney Spadoni stated that the statute indicates that the City must hold one public hearing for the purpose of receiving comment from interested parties. So, he said, it is as much for the public as it is for the applicant, and also when it comes for a vote concerns can be met.

Mr. Donchez asked Attorney Spadoni if now the Public Hearing has to be a separate meeting prior to next City Council Meeting, since no one was here. Attorney Spadoni responded that the Public Hearing was separate and if Council had concerns, they could present their issues at the vote.

Mr. Delgrosso said that as you read the law, it does not state that they have to have representation, it states that the City must have a Public Hearing. He said that he assumes that if they do not want to have anyone here, they take the gamble of Council turning it down when it comes up, and feels they should have someone there to answer any questions. Mr. Delgrosso quoted from the statue that "the municipality must approve the request unless it finds that doing so would adversely affect the welfare, health, peace, and morals of the municipality and its residents", so that would be the only justification for turning it down. He added that he thinks the Public Hearing is held for the public to tell Council why they think it should not pass.

Mr. Herrity commented that the public in the audience learns more about it from the principals speaking out for it, there might be questions, and no one was here to do this. He said he would hate to see a larger issue where a principal doesn't show up to represent something.

Mr. Delgrosso asked what building we are talking about here, and said that would have been his question had someone been here. Tony Hanna, Director of Community and Economic Development, said his department has had some involvement with this particular license. He said the statute requires you have a public hearing if you are moving a license from one municipality to another within the county, but licenses can obviously be moved within the City. He said they have been working with Elliot's Restaurant in downtown Bethlehem to get a liquor license, and that this is actually a place holder for them in terms of a liquor license. There will be an intramunicipal move once it is moved from Cherryville to Stefko Boulevard. Mr. Hanna said the plan is then to move that license to Elliot's on Broad Street after the approval by City Council of getting it into Bethlehem. Mr. Delgrosso then asked why wouldn't they just move it directly to Elliot's. Mr. Hanna said that he did not know, but it is a good question. He said Attorney Roscioli, who is handling the transfer, can be asked that question.

Lehigh Valley Hospital - Muhlenberg

Dean Bruch, 625 Hawthorne Road, asked if Lehigh Valley Hospital - Muhlenberg gives any money to the City in lieu of taxes, or do they pay taxes to the City for any of the services provided to them. Acting Mayor Reichard said he thought there are one or two buildings there that are taxable, but the City doesn't receive any money in lieu of taxes. Mr. Bruch asked if they provide any services. Mr. Reichard said they provide pre-employment physicals and physicals for non-uniform employees at no charge. Mr. Bruch asked if they pay for water and sewer. Mr. Reichard replied yes.

Mr. Delgrosso asked Joseph F. Leeson, Jr., City Solicitor, about a court case in Lehigh County, where there was a challenge whereby the hospitals were, in lieu of taxes, to provide certain services to the community. Attorney Leeson said he did not recall it. Mr. Donchez said he thought it was before Judge Young, Lehigh County. Mr. Delgrosso asked if they still are providing these services, such as dental for children. Mr. Donchez said he thought that would apply to both hospitals, since they are both in Lehigh County. Attorney Leeson said they would take a look at that, and said Judge Young did hand down the decision, but since the time he handed that down, the State legislature passed a law of defining institution as purely public charity, and he challenged the issue of whether Muhlenberg had to pay a privilege tax. He said the decision had indicated they did not have to, but they still held the status of a pure public charity, although that was a major debate in the community. Attorney Leeson said he would take a look at this, but his preliminary assessment is that this would be a difficult thing to force upon them. He said when institutions agree to do this they agree on a voluntary basis, and most of the time you could not compel them to do so.

Mr. Donchez asked if it would be possible to get a listing of the public services, as a tax exempt status, provided from both Lehigh Valley and St. Luke's Hospital to the City and to social agencies in the community. Acting Mayor Reichard responded that the services provided to the City, charged and not charged, could be compiled.

Mr. Delgrosso stated that what he thinks should be reviewed first is the decision of Judge Young and then also of Judge Simpson, Northampton County. From that point, check with the hospitals. Mr. Donchez recalled that this discussion has come up quite a few times during budget hearings during the last couple years.

Mr. Delgrosso added that the City does not want to send the wrong impression, we are very happy to have Muhlenberg here.

14. ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
ATTEST:

Acting City Clerk