City Council

Council Minutes

July 2, 2002 Meeting Minutes

BETHLEHEM CITY COUNCIL MEETING
Bethlehem, Pennsylvania
Tuesday, July 2, 2002 - 7:30 PM - Town Hall

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

President Gregory called the meeting to order. Mr. Schweder offered the invocation which was followed by the pledge to the flag. Present were Jean Belinski, John B. Callahan, James A. Delgrosso, Robert J. Donchez, J. Michael Schweder, Magdalena F. Szabo, and James S. Gregory, 7.

4. APPROVAL OF MINUTES
The minutes of June 18, 2002 were approved.

5. COURTESY OF THE FLOOR (for public comment on ordinances and resolutions to be voted on by Council this evening)
Blight Elimination and Abatement Response (BEAR) Program

Anne Evans, 464 Montclair Avenue, offered her support for initiating a Blight Elimination and Abatement Response Program in a block by block manner instead of a scattered site approach. Ms. Evans felt that a block by block program will make more difference and is a much better idea.

6. OLD BUSINESS

Density of Rental Units Versus Single Family Housing

Mrs. Belinski, with reference to an article by Stephen Antalics on the editorial page in today's Morning Call concerning the density ratio of apartments owned by absentee landlords especially on the South Side, wondered if the Administration is going to look into the matter. Mrs. Belinski, continuing on to say that Mr. Antalics spent a lot of time on his research, said Mr. Antalics has calculated that 90% of traceable crimes on the South Side were committed by individuals belonging to non-related groups living in rental properties. While acknowledging it is the City's contention that students will move out of homes owned by landlords into the new apartments on Morton Street, Mrs. Belinski stressed it is no guarantee that landlords will not rent again to unrelated groups. Mrs. Belinski noted that in the article Mr. Antalics cites several examples, such as in Lansing, Michigan, where cities have tried to reign in absentee landlords. Mrs. Belinski, stressing that when the ratio is at least 50-50 the neighborhood could seriously deteriorate, commented that is almost the case now on the South Side. Mrs. Belinski, expressing her agreement with Mr. Antalics, said she does not think the problem will be solved by waiting several more years, and it will just give it time to get worse. Mrs. Belinski said she wishes the Administration would look into amending the City's Ordinances so that absentee landlords can be reigned in and encouraging them to change the houses back into single family dwellings. Mrs. Belinski reiterated her hope that the City moves on the issue and does not wait another several years.

Mayor Cunningham, noting that the issue has been reviewed many times in this forum, and agreeing that Mr. Antalics has done a lot of work on the issue and feels very passionate about a particular public policy approach towards the issue of rentals, stated that Bethlehem is at the forefront in having landlord licensing enacted. Mayor Cunningham thought there are about only four or five communities in Pennsylvania that have landlord licensing acts. Highlighting the fact that this is an area of public policy debate and disagreement, Mayor Cunningham said, as much as he agrees with the issue of problems that can come with renting, personally and from the Administration's perspective, he does not "believe you can legislate home ownership and you do get into a very dangerous arena when you start creating ratios of apartments versus home ownership because that presupposes that you have somebody there to own those homes." Mayor Cunningham stated that, in response to Mrs. Belinski's question, "the answer would be no. The Administration has no intention in the next couple of years of introducing any type of density legislation which would legislate that only x amount of units could be rental versus property ownership. I think there's a host of constitutional issues and just a whole host of market-based issues that are wrapped up in that. Council as a legislative body, obviously,�can legislate as well as the Administration�". Mayor Cunningham, reiterating that Bethlehem remains at the forefront of communities that are dealing head on with the issue of rental units, licensing of landlords, and inspections, added that Bethlehem is also investing its Federal CDBG money back into home ownership programs and will continue on that course.

Mrs. Belinski said it has come to her attention recently that Jamaican gangs are moving in on Fifth Street, and there is drug dealing behind Donegan School and in the back of a home that was recently renovated by a local non-profit housing group.

Mayor Cunningham pointed out that any crime related issues will be dealt with through the Police Department. Mayor Cunningham highlighted the fact that the City has worked extensively with non-profit groups to deconvert and to turn rentals into home ownership properties.

President Gregory noted that, as the Mayor mentioned, if Council would like to go in that direction it is something that Council could also address and legislate.

Ms. Szabo stated that it would need to be known what the problems were in the cities mentioned in Mr. Antalics' article and what the solutions were.

President Gregory commented that the issue is something that the Community Development Committee if they should choose would look at, or if Council is that concerned it is something that could be looked at. President Gregory said he would talk to the Chairman of the Community Development Committee.

Mrs. Belinski advised that, at a recent meeting of one of the local groups on the South Side, City Council was disparaged when one of the attendees remarked that Members of Council all live on the North Side and do not really care about what happens on the South Side. Mrs. Belinski stressed that is not true at all. Mrs. Belinski pointed out that if anybody calls her, she goes out and looks at the problem.

Drought Waiver

Mr. Delgrosso thanked President Gregory for his persistence and his efforts in getting a Waiver from the State's Drought Restrictions. Mr. Delgrosso noted that, through Mr. Gregory's efforts, a lot of people are happy.

Parks and Public Property Department - Overtime

Mr. Delgrosso pointed out that, according to the latest report, there were 74.5 hours in overtime at the Golf Course in an eleven day period. Mr. Delgrosso, highlighting the fact that the contract allows employees services to be utilized during various times, asked if there is a way that overtime could be cut to a degree. Focusing on 48 hours of overtime worked by Streets Bureau employees for blacktopping areas at the Golf Course, Mr. Delgrosso said his understanding is there was some type of agreement where employees would come in early and then work later and get paid overtime for the early hours but a grievance stopped that, and asked if that is true.

Michael Alkhal, Director of Public Works, explained that the work was not scheduled to be done this year but needed to be done in short notice in order not to impact other streets that were being worked on that was done mostly on a weekend on a Saturday.

Mr. Delgrosso expressed the hope that there could be more coordination so that projects could be done when employees of the Public Works Department have more free time. Mr. Alkhal advised that notice is needed in advance of one week that projects will occur so that the Department would not take on as many streets, for example, in order to do those projects.

Garbage Pickup - Initiating City Zones

Mr. Delgrosso, commenting that he likes the idea of having garbage trucks collect on certain days in certain parts of the City, stated he would hope that the current practice of garbage pickup at the side or towards the back of the house would be retained. Mr. Delgrosso stressed that he does not want to have garbage pickup at the curb or front of the house. Mr. Delgrosso continued on to say there are a lot of areas throughout the City that he has observed in driving around and walking where enforcement is needed. Mr. Delgrosso suggested that letters could be forwarded to residents stating that garbage pickup at the curb or front of the house is a violation of City Ordinance.

Mayor Cunningham, expressing his concurrence with Mr. Delgrosso's viewpoint, said the reason the Administration has explored the idea of zoning the City for garbage pickup is for the purpose of concentrating inspections and enforcement throughout the zoned areas. The current system of garbage pickup every day by numerous haulers throughout City makes it difficult to conduct inspections since it is not known when and where a particular hauler will be collecting on any given day.

Mrs. Belinski stated that Bethlehem has always stood apart from Allentown and Easton because its Ordinance required garbage to be picked up at the side or back of the house. Mrs. Belinski contended that once people are told they can put their garbage out on the curb for pickup a lot of trash will be on the sidewalks, garbage cans will remain there during the day while people are at work and could be strewn in the streets if there is rain or wind, and "it'll be an unsightly mess." Mrs. Belinski thought that perhaps a notice to homeowners could be mailed along with water bills notifying citizens that they will be fined for placing their trash on the sidewalks.

Ms. Szabo, asserting that allowing garbage to be put out 24 hours before pickup is unreasonable, highlighted the fact that garbage can be seen setting out from Monday early in the morning until late afternoon on Tuesday when it is picked up.

Mayor Cunningham, referring to correspondence he received from the Department of Community and Economic Development proposing changes to the residential trash collection Ordinance, noted that a proposal will be forwarded to Council and stated that it will incorporate comments received this evening from Members of Council.

Linden Street and Center Street - Returning to Two Way Traffic

Mr. Delgrosso, with reference to the Mayor's suggestion that Linden Street and Center Street be returned to two way traffic, observed that the goal of transportation systems is to get traffic from one point to another quickly and safely. Acknowledging the fact that traffic from the former Bethlehem Steel Corporation operations is no longer a factor, Mr. Delgrosso said he does not know that the traffic has changed that much on those two streets. Mr. Delgrosso noted he is bringing up the subject before it is considered in-depth. Mr. Delgrosso wondered what the traffic count is on the two streets. Commenting that although changing from one way to two way on the streets may improve business, Mr. Delgrosso asserted that it will promote double parking that creates congestion and hazards, particularly in view of the fact that most of the deliveries on Linden Street are made at the front of the buildings. Focusing on the issue of speed control that was raised in conjunction with returning the streets to two-way traffic, Mr. Delgrosso said that speed can be controlled on those two streets by the timing of lights. Mr. Delgrosso also stressed that the possible cost mentioned of $500,000 to return the streets to two way traffic can become $750,000 if placed in the capital budget, especially when there may be other pressing needs.

Mayor Cunningham advised that the idea of returning Linden and Center Streets to two way has been sent to the Planning Bureau, Planning Commission, Police Department, and Engineering Bureau for review. Turning to the cost estimates, Mayor Cunningham pointed out they did not come from City Hall and are very high. Mayor Cunningham denoted that the focus is more on Linden Street than on Center Street.

7. COMMUNICATIONS

A. Rezoning Request - Creek Road and Friedensville Road - RR to RS

The Clerk read a letter dated June 14, 2002 from Attorney James Broughal who requested, on behalf of his client, Landmark Communities, LLC, to rezone approximately nine acres of land located at the intersection of Creek Road and Friedensville Road (S.R. 3007) in the City of Bethlehem from R-R Residential to R-S Residential.

Mr. Donchez and Mr. Schweder moved to schedule a Public Hearing on the rezoning request on Tuesday, September 3, 2002 at 7:30 PM in Town Hall. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed.

B. Deputy Director of Community Development - COOP Grant - South Side Lighting and Streetscape Improvements

The Clerk read a letter dated June 14, 2002 from Dana B. Grubb, Deputy Director of Community Development, requesting consideration of a resolution concerning a Communities of Opportunity Program (COOP) Grant through the Pennsylvania Department of Community and Economic Development in the amount of $1,000,000 for South Bethlehem Lighting and Streetscape Improvements.

President Gregory stated that the authorizing Resolution will be placed on the July 16 Agenda. C. Deputy Director of Community Development - Adoption of 2000 International Building, Electrical, Mechanical, and Plumbing Codes, and Permit Fee Revisions

The Clerk read a letter dated June 25, 2002 from Dana Grubb, Deputy Director of Community Development, requesting consideration of ordinances to reflect use of the 2000 International Building Code in place of the 1996 BOCA Code currently in force in the City. In addition, various permit fee amendments are proposed.

President Gregory referred the matter to the Community Development Committee.

D. Assistant Planning Director - Zoning Amendments for Sign Revisions and Other Miscellaneous Revisions

The Clerk read a letter dated June 26, 2002 from Darlene L. Heller, Assistant Planning Director, in which it was advised that at their meeting of June 13, 2002 the Planning Commission proposed the attached Zoning amendments for sign revisions and other miscellaneous revisions. The most significant portion of the amendment proposes revisions to Article 1320, Signs, to update sections of this chapter that have not been addressed in several years. Permitting outdoor dining in the CB and CG zones and permitting a home office in a rental dwelling unit are also included.

Mr. Schweder and Mr. Delgrosso moved to schedule a Public Hearing on the Zoning Ordinance Text Amendment request on Tuesday, August 13, 2002 at 7:30 PM in Town Hall. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed.

E. Assistant Planning Director - Amendment to Subdivision and Land Development Ordinance - Article 1345.02 - Submitting Plans for Approval

The Clerk read a letter dated June 26, 2002 from Darlene L. Heller, Assistant Planning Director, in which it was advised that at their meeting of June 13, 2002 the Planning Commission proposed the attached amendment to the Subdivision and Land Development Ordinance concerning Section 1345.02, Submitting Plans for Approval.

Mr. Donchez and Mr. Delgrosso moved to schedule a Public Hearing on the Zoning Ordinance Text Amendment request on Tuesday, August 13, 2002 at 7:30 PM in Town Hall. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed.

F. Assistant Planning Director - Proposed Zoning Map Amendments - East End of Broad Street

The Clerk read a letter dated June 26, 2002 from Darlene L. Heller, Assistant Planning Director, in which it was advised that at their meeting of June 13, 2002 the Planning Commission recommended that the east end of Broad Street be rezoned as described on the map.

Mr. Delgrosso and Mr. Schweder moved to schedule a Public Hearing on the Zoning Map Amendment request on Tuesday, August 20, 2002 at 7:30 PM in Town Hall. Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The motion passed.

8 . REPORTS

A. President of Council
None.

B. Mayor
None.

C. Parks and Public Property Committee Report

Mrs. Belinski, Chairwoman of the Parks and Public Property Committee, presented a report of the Committee's meeting held on June 18, 2002 on the following subject: Recycling Center Modifications - Illick's Mill Road.

D. Public Safety Committee

Mr. Donchez, Chairman of the Public Safety Committee, presented an oral report of the Committee's meeting held on June 27, 2002 on the following subjects: Intermunicipal Agreement - Northampton County Sheriff's Special Response Team; Police Department: A. Grants, B. Staffing, C. Overtime, D. Community Policing, E. Communications Center - Update, F. Traffic Bureau Reorganization - Update, G. Police Services - Use Permit Agreements, H. Equipment, I. Police Department - Facilities, J. New Programs/Initiatives; Fire Department: A. Fire Department - Report, B. Grants, C. New Programs/Initiatives, D. Sprinkler Ordinance - Update, E. Staffing, F. Overtime, G. Fire Inspectors, H. Equipment, I. Fire Houses - Visit; and EMS Bureau: A. Grants, B. Staffing, C. Overtime, D. New Schedule - Results, Number of Calls Handled by Bethlehem EMS for the Years 1999, 2000, and 2001, E. Equipment, F. EMS Building - Visit.

E. Community Development Committee

Mr. Schweder, Chairman of the Community Development Committee, presented an oral report of the Committee's meeting held on July 1, 2002 on the following subject: Blight Elimination and Abatement Response (BEAR) Program Proposal.

9. ORDINANCES FOR FINAL PASSAGE

A. Bill No. 16 - 2002 - Amending General Fund Budget - Police Department - GREAT Grant; Health Bureau - Tobacco Prevention Grant and Temporary Help - West Nile Virus; and South Side Lighting Committee Contribution - Lighting Study

The Clerk read Bill No. 16 - 2002, Amending General Fund Budget - Police Department - GREAT Grant; Health Bureau - Tobacco Prevention Grant and Temporary Help - West Nile Virus; and South Side Lighting Committee Contribution - Lighting Study, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 16 - 2002, hereafter to be known as Ordinance 4132, was declared adopted.

B. Bill No. 17 - 2002 - Amending Non-Utility Capital Budget - PA DCED Grants - South Side Business District Improvements, CACLV - Forte Building, and Lehigh University Parking Garage; and Home Investment Trust

The Clerk read Bill No. 17 - 2002, Amending Non-Utility Capital Budget - PA DCED Grants - South Side Business District Improvements, CACLV - Forte Building, and Lehigh University Parking Garage; and Home Investment Trust, on Final Reading.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 17 - 2002, hereafter to be known as Ordinance 4133, was declared adopted.

10. NEW ORDINANCES

A. Bill No. 18 - 2002 - Amending Article 531 - Side-Lift Vehicles

The Clerk read Bill No. 18 - 2002, sponsored by Mr. Donchez and Mrs. Belinski, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AMENDING ARTICLE 531 OF THE CODIFIED ORDINANCES ENTITLED, PARKING GENERALLY, TO ADDRESS SIDE-LIFT VEHICLES.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. Bill No. 18 - 2002 was declared passed on First Reading.

11. RESOLUTIONS

A. Authorizing Execution of Intermunicipal Agreement - Northampton County Sheriff's Special Response Team

Mr. Donchez and Mr. Callahan sponsored Resolution 13,854 which authorized the Mayor and the Controller to execute an Intermunicipal Agreement, Northampton County Sheriff's Special Response Team, between the City of Bethlehem and the County of Northampton, the City of Easton and the Township of Palmer, for the purpose of addressing the additional need for training, cooperation and responding to high risk emergency situations within the other above-named municipalities according to the terms and conditions of the agreement.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

B. Transfer of Funds - Health Bureau - Injury Prevention Grant - PEPPI Fitness Program

Mr. Donchez and Mr. Callahan sponsored Resolution 13,855 which transferred $7,222 in the General Fund Budget from the Health Bureau - Temporary Health Account, to the Health Bureau - Injury Prevention Grant Account, for the purchases related to the Peer Exercise Promotes Independence (PEPPI) Fitness Program.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

C. Certificate of Appropriateness - 431-433 Wyandotte Street

Mr. Callahan and Mrs. Belinski sponsored Resolution 13,856 which granted a Certificate of Appropriateness to install vinyl siding on the rear face of the building at 431-433 Wyandotte Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

D. Certificate of Appropriateness - 516 East Fourth Street

Mr. Callahan and Mr. Delgrosso sponsored Resolution 13,857 which granted a Certificate of Appropriateness to alter the fa�ade at 516 East Fourth Street.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

E. Certificate of Appropriateness - Gazebo at Steel Memorial Park (New and West Third Streets)

President Gregory announced that the Administration has requested that Resolution 11 E be removed from the Agenda. Consequently, it will not be considered by Council this evening.

F. Initiating Blight Elimination and Abatement Response (BEAR) Program

Mr. Callahan and Mr. Schweder sponsored Resolution 13,858 adopting the Blight Elimination and Abatement Response (BEAR) Program, in conformity with the Department of Housing and Urban Development regulations, and noting that the City can determine the use of Community Development Block Grant (CDBG) funds for such eligible and fundable project activities.

President Gregory inquired whether the income of a property owner will be considered in administering the BEAR program in view of a situation where there could be a "slum" landlord who has a considerable amount of money.

Mr. Schweder highlighted the fact that, contingent upon giving money to a property owner, the interior and exterior of a property must be up to Code and remain up to Code, all taxes must be paid, as well as water and sewer bills. Mr. Schweder added that the board has not yet been established and guidelines have not yet been finalized.

Voting AYE: Mrs. Belinski, Mr. Callahan, Mr. Delgrosso, Mr. Donchez, Mr. Schweder, Ms. Szabo, and Mr. Gregory, 7. The Resolution passed.

12. NEW BUSINESS
None.

13. COURTESY OF THE FLOOR
Garbage Pickup - Initiating City Zones

Craig Evans, 464 Montclair Avenue, thought that standardizing garbage pickup schedules and zoning specific areas for garbage pickup times would facilitate planning for when to put out garbage and should help with enforcement.

South Bethlehem Historic Conservation Commission

Mr. Evans explained a situation where someone was told by one Department of the City that a certain amount of work had to be done immediately because of a fire but there was no coordination to also advise that the work had to be reviewed first by the South Bethlehem Historic Conservation Commission and a Certificate of Appropriateness issued. Mr. Evans, a member of the South Bethlehem Historic Conservation Commission, stressed that the Commission is trying to find ways to publicize the fact that proposals must go before the Commission before work can begin. He added that perhaps more of an effort could be made on the part of the Administration and Council. Mr. Evans expressed that the HARB Board on the North Side is well known but that is not so much the case for the South Side or for the boundaries. Mr. Evans said his plea is for some additional support in making sure the word gets out so that the South Bethlehem Historic Conservation Commission can be helpful and so that people do not "get caught in a bind".

Rezoning Request - Creek Road and Friedensville Road - RR to RS

William Neff, 2010 Creek Road, advised that his lot is next to the area located at Creek Road and Friedensville Road requested by the developer to be rezoned from RR to RS. Mr. Neff informed the Members that he decided to purchase the home based on a number of factors, one of which was the secluded nature of the property. Other reasons included the City's Master Plan and the RR zoning of the adjacent land. Mr. Neff continued on to say he was attracted to the rural character of Creek Road as well as the historical nature of the home. Mr. Neff stated that he and his wife have no objection to development when it is consistent with the City's Master Plan and sound zoning principles are used. Mr. Neff said this also goes with the Southeast Bethlehem Conservation Association of which he and his wife are members. Acknowledging that when he purchased the home in 1999 he knew that an apartment complex was to be built behind the property, Mr. Neff explained that his only concern was storm water runoff from that project with the hope that it would be addressed carefully. He pointed out that the area is highly susceptible to flooding. Mr. Neff asserted that the proposed rezoning would remove the transition zone that now exists between high density development and an environmentally sensitive area. He noted that the Saucon Creek is a high quality fresh water trout stream. Mr. Neff, reiterating the issue of flooding, stressed that high density zoning brings up the matter of additional overflow. Mr. Neff questioned whether a preliminary environmental impact study has been prepared and funded by the developer if it does not already exist. He asked whether City Council or the developer sought comments from the Pennsylvania Fish Commission, Pennsylvania Department of Environmental Protection, or the Northampton County Conservation District. Mr. Neff wondered whether another apartment complex is really needed while the current apartment complex behind his house has vacancies. Mr. Neff asked why build another high rise density along a small country road without having sound planning principles. Mr. Neff queried whether the developer has provided the City with or agreed to fund at least a preliminary traffic study defining the impact of traffic on the area should the project go forward. Mr. Neff quoted from the introduction in Pennsylvania's zoning manual series number four discussing the need for zoning that addressed many of the points that he had raised. Mr. Neff questioned if it would be more appropriate for the developer or property owner to make their request for high density housing on the land currently designated low density before the Zoning Hearing Board. Mr. Neff restated that he and his wife bought their home based on current zoning, knowing that probably single family homes would be built next to theirs but not apartments. Mr. Neff pointed out that the current RR zoning designation has been in the Master Plan for many years.

Attorney Leeson indicated that he has not reviewed the matter in depth at this point in time.

President Gregory affirmed that a Public Hearing will take place after the Planning Commission reviews the request, followed by First Reading of an Ordinance, and Final Reading. President Gregory noted that questions will be able to be answered at the Public Hearing.

Shelagh Maloney, 1919 Creek Road, said she is at the meeting to speak on behalf of the Southeast Bethlehem Conservation Association, a recently formed group to ensure preservation of the area's environment and historic resources. Ms. Maloney stated that the group is opposed to the rezoning.

Five Points Area - Traffic Concerns

Anne Evans, 464 Montclair Avenue, asked what is the schedule for completion of traffic improvements in the Five Points area. Ms. Evans expressed concern about loss of parking on the North side of Wyandotte Street.

Michael Alkhal, Director of Public Works, advised that the traffic improvements that are being done in conjunction with the McDonald's restaurant project are being monitored by the City, and the City oversees the traffic improvements. Mr. Alkhal noted that the improvements will be done by sometime in August.

Density of Rental Units Versus Single Family Housing Stephen Antalics, 737 Ridge Street, queried why the City of Bethlehem is so far behind other communities in implementing a density provision for rental units. Mr. Antalics contended that, had the issue been addressed by the City, he would not be bringing up the issue again. Mr. Antalics asserted that Mayor Cunningham's comments fortified what Mr. Antalics wrote in his article in the Morning Call that the issue is not understood. Mr. Antalics stressed that the City's Regulated Rental Unit Ordinance has nothing to do with what he has been saying for two years. Rather, the issue has to do with behavior. Mr. Antalics highlighted the fact that the City's own Regulated Rental Unit Ordinance states that there is a greater incidence of problems with maintenance, upkeep, violations of various Codes, and disturbances which adversely the neighborhood at residential properties where Owners rent to three or more unrelated individuals than at Owner-occupied residential properties or family-occupied residential rental properties. Mr. Antalics remarked he cannot understand why what he has been saying would be unconstitutional.

Mayor Cunningham, acknowledging that he and Mr. Antalics do not share the same viewpoint, stated he is not trying to say that Mr. Antalics is wrong but that what Mr. Antalics is advocating is not a necessity at this time.

Mr. Antalics pointed out that Sasaki Associates at their last community meeting proposed a ratio of single family homes to those in which non-related individuals live at 70 to 30. Mr. Antalics remarked that Bloomsburg, to which municipality he has sent articles, is amazed at what is not happening in Bethlehem. Mr. Antalics repeated his contention that the City should have controls for the number of unrelated individuals in rental properties and a program in place to encourage single families to move into housing units. Mr. Antalics advised that Berwick had a serious problem when students moved into campus properties and unrelated individuals moved into rental units and a major crime problem resulted. Mr. Antalics stressed there is a message in crime statistics. Mr. Antalics explained he is saying that the issue of how rental properties are occupied should be addressed. Reiterating that the City's Regulated Rental Unit Ordinance implies that there are some problems associated with rental properties, Mr. Antalics reemphasized that the City should have controls in place to deal with the issues surrounding unrelated individuals in rental properties. Otherwise, Mr. Antalics contended, the lack of controls encourages landlords to rent properties to that market segment. Mr. Antalics pointed out that other communities define the situation of unrelated individuals in housing units as a boarding house. Mr. Antalics, asserting that the solution is very simple, said all the City needs to do is amend its Zoning Ordinance. Highlighting the fact that Lehigh University has a program in place to encourage people to purchase properties on the South Side, and reiterating that Sasaki Associates is saying the ratio of housing for single families to unrelated individuals should be 70 to 30, Mr. Antalics stressed that the issue merits close attention.

Mayor Cunningham advised that he would find out if Bethlehem is behind other cities of its size that have similar urban issues. Commenting that perhaps some of the smaller college towns may be getting more aggressive as far as the numbers of unrelated individuals living in housing units, Mayor Cunningham pointed out that Bethlehem's home ownership to rental ratio is much higher. Commenting that while it may be simple in terms of changing words on a page, Mayor Cunningham said that allowing only so many apartment units raises a host of issues that need to be explored. Mayor Cunningham, remarking that he would take exception to Mr. Antalics' comment that Bethlehem is behind, thought that comparisons need to be made with other Third Class Cities.

President Gregory recalled that, as Members of Council and Mr. Schweder, Chairman of the Community Development Committee have stated, the City would give its Regulated Rental Unit Occupancy Ordinance a certain amount of time and see how that works out. President Gregory noted the Community Development Committee and Council have the option if it is felt to move in another direction now, or give the current Ordinance more time.

Mr. Schweder, in recollecting past discussions on the issue, commented that the Mayor raises valid legal points. Mr. Schweder recalled that where the issue may have been left was that at some point a report would be completed and reviewed with Council.

Tony Hanna, Director of Community and Economic Development, confirmed that he did share with City Council some voluminous data, including 10 years of history, related to several points made by Mr. Antalics. Mr. Hanna added that some of the points with which Mr. Antalics took issue were responded to in the report. Affirming that the City wanted to give the landlord licensing bill a chance to work, Mr. Hanna recalled it had been agreed to have some public forum on the results of the data, and suggested a meeting in the Fall.

Mr. Schweder, noting that a lot more problems than originally envisioned have been uncovered, stated they are being addressed and the City is forcefully going after the problems. Mr. Schweder, concurring that the issue ought to be addressed at some point, stated that he will work with Mr. Hanna and will determine how best to address the issue.

Mr. Antalics repeated his contention that the Regulated Rental Unit Ordinance has nothing to do with density. Mr. Antalics, pointing out that the City's Ordinance is almost a verbatim copy of Bloomsburg's, informed the assembly that Bloomsburg agrees with him and has been advising him that the issue he raises has nothing to do with the Ordinance that has guidelines for the behavior of occupants, and the issue is that of density of single family housing versus non-related.

Mr. Hanna advised that as he told Mr. Schweder, when the public forum is held, the density issue will be addressed from a planning and zoning perspective and there will be presented statistics and data indicating whether or not there is a problem.

Mr. Schweder observed there is a resolution to a perceived problem which is behavioral, and there are different points of view how to get there. One point of view can be how to determine the number of rental units of non-related individuals, or another is enforcement of the Ordinances that have been enacted to bring about behavioral change. Mr. Schweder noted the discussion in the upcoming forum may be how are the needs of people in the community best served. Restating that all have the same end in mind, Mr. Schweder highlighted the fact that there are two very divergent viewpoints as to how to get there.

14. ADJOURNMENT
The meeting was adjourned at 8:50 p.m.

ATTEST:
City Clerk