City Council

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, July 19, 1993. Mayor Zisa called the meeting to order at 7: 17 P. M. and asked the Deputy City Clerk to call the roll. Present: Councilman Jesus, R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Attorney Richard E. Salkin, City Manager James S. Lacava, Deputy City Clerk Anna LaMarche Absent: Councilman Roger B. Mattei, City Clerk Doris L. Dukes Beth Calderone of Garden State Reporting was present to record the entire hearing. Mrs. LaMarche: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, ade quate notice of this meeting was provided by sending a notice to The Record and posting a copy of same on the Bulletin Board in City Hall." The Mayor explained this hearing concerned a Zoning Board of Adjustment decision and an appeal of that decision. He stated that the City Attorney, Richard E. Salkin, would proceed acting as the hearing officer on behalf of the eity. Mr. Salkin stated that Application #5 2-9 2, Frank Macchione was heard on January 20, 1993, by the Zoning Board of Adjustment. Mr. Macchione' s application was for a use variance to establish a contractor's yard on property at 170 Bonhomme Street in Hackensack, an R- 2 zone. The Zoning Board of Adjustment granted a variance and a Memorializing Resolution was approved by the Board on February 24, 1993. An appeal of that decision was filed by Salvatore DiStasi, 45 6 Colonial Terrace. He noted that at this time no new evidence would I be allowed - only maps, photographs, and whatever was presented to the Zoning Board at the January 20th meeting. Mr. Salkin said that Mr. Bruce Rosenberg of Winne, Banta, Rizzi, Hetherington & Basralian was present representing Mr. Macchione. Mayor zisa confirmed that notices of this hearing were sent from the City Clerk's office and Mr. DiStasi was invited to attend. Mr. Rosenberg reiterated .the case as presented before the zoning Board. He presented Exhibit A-1, Land Use Map, and Exhibit A- 2, 1 8 photographs, which the Council reviewed. He also reviewed the conditions of the approval, i.e., the site will be used for storage of four (4) vehicles, maximum of five (5) employee passenger vehicles parked on the site. The hqurs of operation would be 7:30 A M. to 4: 30 P. M., Monday through Saturday. Mr. Rosenberg reviewed the testimony of Lisa Phillips, -a. Licensed Planner, who was present at the January 20th meeting. Mr. Salkin asked if there was anyone present on behalf of Mr. DiStasi. 'There was no response. Mayor Zisa asked if there was anyone present wishing to be heard on this matter. There was no response. Mayor Zisa thanked Mr. Rosenberg for his prepared summation. Then the Mayor asked Counc_il members ff they had any questions. . ". � ' Councilman Stein stated that he had taken an extensive walk through the neighborhood. In questioning some of the neighbors, he found that they would prefer a vacant yard as opposed to a contractor's yard. He asked Mr. Rosenberg if he was aware of any contractor yards in this area who received variances or were grandfathered. Mr. Rosen berg noted that this was discussed during the Zoning hearing and most of the contractor yards are grandfathered.  Mayor Zisa stated that he had taken a look at each area of town and they conform to the Master Plan in what we would like to see. The area that surrounds this property is predominantly residential. Mr. Salkin noted that, as mentioned in the past, the Planner has done a good job for her client and her basic claim is that this variance would be aesthetically good for the neighborhood. This is still a predominantly residential area. Mr. Rosenberg answered that it is an improvement - a reasonable I use of the property. Councilman Stein remarked that once we have set a precedent, and by actually condoning a construction yard in this area, we have gone contrary to the. Master Plan passed by a former Council. I have a problem with that. Deputy Mayor Trammell noted that she too had taken a look at the area. The homes are well kept and she stated that she supports the R- 2 Zone. At this time Mr. Salkin polled the Council on the following questions: Do you find that special reasons were proven by the applicant in support of the use variance? Roll Call: Galvis, No; Trammell, No: Stein, No: Zisa, No Do you find the presentation before the Board of Adjustment substantiated the claim that the application for a use variance be granted without substantial detriment to the surrounding neighborhood? I Roll Call: Galvis, No; Trammell, No: Stein, No; Zisa, No Do you find that the reconciliation was made or established by the applicant in connection with the proposed use with respect to the Zone Plan, the Zoning Ordinance and the Master Plan? Roll Call: Galvis, No: Trammell, No: Stein, No; Zisa, No Mr. Salkin stated that a resolution reflecting the Council's decision would be read at the Regular Meeting of the City Council. He thanked Mr. Rosenberg for his presentation. Motion offered by Stein, seconded by Trammell that the meeting be closed. Carried. (7: 5 8 P. M.} ABSENT COUNCILMAN ROGER B. MATTEI I ATTEST:  The Regular Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey on Monday, July 19, 1993. Mayor Zisa called the meeting to order at 8: 10 P. M. and re quested everyone stand for the Flag Salute. The Mayor then asked the Deputy City Clerk to call the roll. Present Councilman Jesus R. Galvis, Deputy Mayor Juanita Trammell, Councilman Mark A. Stein, Mayor John F. Zisa, City Attorney t Richard E. Salkin, City Manager James S. Lacava, Deputy City Clerk Anna LaMarche Absent - Councilman Roger B. Mattei, City Clerk Doris L. Dukes Mrs. LaMarche: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, ade quate notice of this meeting was provided by sending a notice to The Record and posting a copy of same on the Bulletin Board in City Hall." The Mayor called for approval of the minutes of the meetings held June 29th and July 6th, 1993. Motion offered by Stein, seconded by Trammell that the minutes be approved as submitted. Carried. Before the reading of the Docket, Councilman Stein, based on information received from the Bonding Attorney, made a motion to amend Resolution #19 2 to read ".�.$1 25, 000 expected to be received as State Aid from the Department of Transportation", instead of � Federal . Community Development Block Grant". Motion was seconded by Trammell. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei t FINAL A DO PTION OF OR DINANCE NO. 7-93 ENTITLE D: "BON D OR DINANCE PROVI DING FOR T HE RESURFACING OF SUMMIT AVENUE IN AN D BY T HE CITY OF HACKENSACK, IN T HE COUNTY OF BERGEN, NEW JERSEY, A PPRO PRIATING $ 200, 000 T HEREFOR, INCLU DING $1 25, 000 EX PECTED TO BE RECEIVED AS STATE AI D FROM T HE DE PARTMENT OF TRANS PORTATION, AN D AUT HORI ZING T HE ISSUANCE OF $170, 000 BON DS OR NOTES OF T HE CITY TO FINANCE PART OF T HE COST T HEREOF". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Galvis that there be a public hearing. Carried. Mayor Zisa asked if anyone present wished to be heard on this Ordinance. There was no response. Motion offered by Trammell, seconded by Stein that the public hearing be closed. Carried. Resolution #19 2 OFFERE D BY: TRAMMELL SECON DE D BY: GALVIS BE IT RESOLVE D by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, that Ordinance No. 7-93 I entitled: "BON D OR DINANCE PROVI DING -FOR 'T HE RESURFACING OF SUMMIT AVENUE IN AN D BY T HE CITY OF HACKENSACK, IN T HE COUNTY OF BERGEN, NEW JERSEY, A P PRO PRIATING $ 200, 000 T HEREFOR, INCLU DING $1 25, 000 EXPECTED TO BE RECEIVE D AS STATE AI D FROM T HE DE PARTMENT OF TRANSPORTATION, AN D AUT HORI ZING T HE ISSUANCE OF $170, 000 BON DS OR NOTES OF T HE CITY TO FINANCE PART OF T HE COST T HEREOF" I pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei  FINAL A DO PTION OF OR DINANCE NO. 8 -93 ENTITLE D: "AN OR DINANCE TO AUT HORI ZE A CONTRACT TO ESTABLIS H A REGIONALI ZED EMERGENCY EN HANCE D 9 -1 -1 TELE P HONE SYSTEM". Mayor Zisa: "This Ordinance has been advertised pursuant to law and now calls for a public hearing. Will someone so move?" Motion offered by Stein, seconded by Trammell that there be a public hearing. Carried. Mayor Zisa asked if anyone present .wished to be heard on this I Ordinance. There was no response. Motion offered by Stein, seconded by Trammell that the public hearing be closed. Carried. Resolution #193 OFFERE D BY: STEIN SECON DED BY: TRAMMELL BE IT RESOLVE D by the City Council of the City of Hackensack, in the County of Bergen and State of New Jersey, that Ordinance No. 8-93 entitled: "AN OR DINANCE TO AUT HORI ZE A CONTRACT TO ESTABLIS H A REGIONALI ZE D EMERGENCY EN HANCED 9-1-1 TELE P HONE SYSTEM", pass its second and final reading and is hereby adopted. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #194 OFFERE D BY: TRAMMELL SECON DE D BY: GALVIS BE IT RESOLVE D by the City Counci1 of the City of Hackensack that the proper officers be and are hereby authorized to make the following refunds representing fines paid to the Hackensack Municipal Court in error: $ 8.00 to Ruth Chasolen, 5 Hansen Place, Wa yne, New Jersey I 07470 Summons # H94 25 6 - 8.00 Hugh Hothem, 390 Ogden, Jersey City, New Jersey 07307 - Summons # H9475 2 8.00 Emkay, Inc., 805 w. Thorndale Avenue, Itasca, Illinois 60143 - Summons # Hl00059 15.00 Eugene Agar, 2 21 Huyler Street, South Hackensack, New Jersey 07 6 6 6 - Summons #C 8 81 255 BE IT FURT HER RESOLVE D that the proper officers are hereby authorized to make the following refunds for the reasons stated: $ 250.00 Foschino, A.S. & M.M. - 199 2 Senior Citizen 2 65.0 8 Garcia, Fausto, Elsa, & R. & Vargas, A. - 199 2 Excessive Payment 1, 99 2.00 Patel, Jayant N. - 1993 Excessive Payment 250.00 Pas quale, Albert & A. - 199 2 Senior Citizen Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - M attei Resolution #195 OFFERE D BY: GALVIS SECON DE D BY: STEIN BE IT RESOLVE D by the City Council of the City of Hackensack that the following Li quor License be renewed in the City of Hackensack, effective July 1, 1993, through June 30, 1994, _ having I complied with the ordinances of the City of Hackensack and paid the re quired fee: · 0 2 23-33-059-003 A & F Restaurant Corporation $r, 110.oo Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei  Resolution #196 OFFERED BY: TRAMMELL SECON DE D BY: GALVIS BE IT RESOLVE D by the City Council of the City of Hackensack that Plenary Retail Consumption License No. 0 2 23-33-045-00 2 heretofore issued to Oritani Motor Hotel, T/A New Earth Restaurant, 414 Hackensack Avenue, Hackensack, N. J., be transferred to Delectable Ventures Corporation, 414 Hackensack Avenue, Hackensack, N.J., effective July 21, 1993. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #197 OFFERE D BY: TRAMMELL SECON DE D BY: GALVIS W HEREAS, the City of Hackensack has received Change Order No. 1 from the Smi th-Sondy Asphalt Construction Company for $1, 838. 48 to compensate them for semi-final estimates of quantities in connection with the Improvement of South State Street, a State Aid project; and W HEREAS, the Chief Financial Officer has certified in writing that funds are available from Account No. 05 -0 691-0001, the Capital Account, Purchase Order No. 79498 dated May 18, 1993. NOW, T HEREFORE, BE IT RESOLVE D that Change Order No. 1 issued by the Smith-Sondy Asphalt Construction Company is hereby-approved. The Mayor asked the City Manager if this Change Order has been approved by the Engineer. The Manager answered, "yes". Roll Call: Ayes - Galvis, Trammel�, Stein, Zisa Absent - Mattei Resolution #198 OFFERE D BY: STEIN SECON DE D BY: TRAMMELL INTRO DUCTION OF OR DINANCE NO. 9-93 ENTITLED: "BON D OR DINANCE I PROVI DING FOR VARIOUS CA PITAL IM PROVEMENTS OF T HE CITY OF HACKENSACK, IN T HE COUNTY OF BERGEN, NEW JERSEY, A P PRO PRIATING T HE AGGREGATE AMOUNT OF $375,000 T HEREFOR AN D AUT HORI ZING T HE ISSUANCE OF $3571000 BONDS OR NOTES OF T HE CITY TO FINANCE PART OF T HE COST T HEREOF". BE IT RESOLVE D that the above ordinance, being Ordinance No. 9-93 as introduced, does now pass on first reading and that said Ordinance shall be considered for final passage at a meeting to be held on August 2, 1993, at 8: 00 P. M., or as soon thereafter as the matter can be reached at the regular meeting place of the City Council, and at such time and place all persons interested be given an opportunity to be heard concerning said Ordinance and that the City Clerk be and she is hereby authorized and directed to publish said Ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said Ordinance will be further considered for final passage. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution #199 OFFERE D BY: GALVIS SECON DE D BY: TRAMMELL BE IT RESOLVE D by the City Council of the City of Hackensack that the bills in the following accounts be and are hereby ordered paid: I General Account Public Parking System Account Capital Account Public Assi�tance Account II $9 60, 380.89 84, 3 25 .. 64 60, 3 24.95 57, 21 6.04 Trust Account 20, 2 2 2.00 Cat License Account 49.00 Payroll Agency Account 39 2.048.97 7 BE IT FURT HER RESOLVED that said bills are on file as a public record in the office of the Chief Financial Officer. The Mayor asked Council if there were any questions concerning the bill list. There were none. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution # 200 OFFERED BY: STEIN SECONDED BY: GALVIS I W HEREAS, the Hackensack River Pathway Committee has been created by private citizens for the purpose of supporting and promoting the development of a public recreational pathway to be built along the banks of the Hackensack River in Bergen County; and W HEREAS, the City of Hackensack has long supported the environmental, aesthetic, recreational and commercial benefits for the people of Hackensack and Bergen County which would be generated by the creation of such a pathway; and W HEREAS, the Hackensack River Pathway Committee is in the process of seeking assistance from the National Parks Service through that agency's River and Trails Conservation Program to further the Committee's efforts to educate the public, generate support and develop a viable management plan for such a pathway; and W HEREAS, it is the perception and belief of the Mayor and Council of the City of Hackensack that such efforts by the Hackensack River Pathway Committee are necessary, appropriate and in the best interest of the people of the City.of Hackensack. NOW, T HEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackensack that the stated purposes of the Hackensack River Pathway Committee of supporting and promoting the development of a I public recreational pathway along the banks of the Hackensack River be and hereby are endorsed; and BE IT FURT HER RESOLVED that the application for assistance submitted to the National Park Service by the Committee be and hereby is supported by the City of Hackensack. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Resolution # 201 OFFERED BY: TRAMMELL SECONDED BY: STEIN W HEREAS, an application for development was filed with respect to the property located at 170 Bonhomm� Street by owner of said property, Frank Macchione; and W HEREAS, said application entitled, "IN RE T HE A P PLICATION OF FRANK MACC HIONE, A P PLICATION #5 2-92" was heard by the Zoning Board of Adjustment of the City of Hackensack on January 20, 1993; and W HEREAS, said application for development sought a use variance to establish a contractor's yard in an R - 2 one and two family residential district; and I W HEREAS, said application for a use variance was granted by the Zoning Board of Adjustment and a Memorializing Resolution was approved by the Board on February 24, 1993; and W HEREAS, upon publication of the Memorializing Reso·lution, an appeal· of the grant of the aforesaid use variance to the Mayor and Council of the City of Hackensack was filed in a timely fashion by Salvatore DiStasi, pursuant to the provisions of Chapter 2 6, Section 24 of "The Code of the City of Hackensack, New Jersey": and W HEREAS, a transcript of the January 20, 1993 hearing before the Zoning Board of Adjustment has been provided to the City Council for its review: and W HEREAS, on July 19, 1993, a hearing de novo was held before the Mayor and Council of the City of Hackensack at which time said transcript, all exhibits marked into evidence at the January 20, 1993 hearing, and remarks of counsel and any other interested parties were reviewed and considered: and W HEREAS, on the basis of th.e July 19, 1993 hearing before the Mayor and Council of the City of Hackensack, as well as the Council's collective familiarity with the Zoning Ordinance of the City of Hackensack, the Master Plans of the City of Hackensack, as well as the area of the City in which the subject property is located, the Mayor and Council reached certain conclusions regarding this application for a use variance: and W HEREAS, the Mayor and Council of the City of Hackensack make the following findings of facts and conclusions: 1. The subject property, located at 170 Bonhomme Street, is a vacant piece of land approximately 6, 900 square feet in size. Until a fire detroyed same approximately five years ago, a two family house existed on the site. 2. The subject property is in an R- 2 Zone. Permitted uses in an R- 2 Zone include one and two family houses. The minimum lot size for construction is 5, 000 square feet. The applicant has a buildable sized lot. The applicant neither advances, nor does the Council find, a hardship situation present in this application. 3. The applicant proposes to excavate the property, put stone down to pave the lot and erect a slatted fence and landscaping plantings around the perimeter. The lot would then be used as a storage or contractor's yard for the vehicles used in the applicant's landscaping business. This proposed use is not permitted in any residential district in the City of Hackensack. 4. The applicant produced the expert testimony of Lisa Phillips of Stewart Burgess Associates, a licensed Planner of the State of New Jersey. Ms. Phillips expressed her observations and opinions regarding the subject property, the neighborhood in which the property is located, the area in which the neighborhood is located as well as the Hackensack zoning Ordinance and Master Plan. 5. In essence, Ms. Phillips observed that there were numerous non-residential uses in the neighborhood and the area including other contractor yards. Ms. Phillips opined that the proposed use by the applicant would be an improvement of the site, and that the proposed use would be consistent with the mixed surrounding uses. She concluded that, in the context of N.J.S.A. 40: 55 D-70d, "special reasons" exist for the granting of this variance and that the use variance could be granted "without substantial detriment to the public good and without substantially impacting the Zone Plan and Zoning Ordinance". 6. The Mayor and City Council note that in 197 7 as a result of the 1975 Master Plan the subject area was rezoned from solely permitting single family homes to an R- 2 Zone permitting one and two family homes. The zoning in the area has remained unchanged for sixteen years. It is further noted that both the 198 2 re-examination of the Master Plan and the 1990 Master Plan of the City of Hackensack support the preservation of this area of the City as a residential district.  7. The Mayor and Council of the City of Hackensack reject Ms. Phillip's opinion that the aesthetic improvements to the property in conjunction with the benefits to the applicant constitute "special reasons" within the meaning of the statutory phrase. The general welfare of the surrounding neighborhood will not be enhanced by the granting of this use variance. 8. The Mayor and Council of the City of Hackensack reject Ms. · Phillip's unsupported opinion that the granting of the use variance I will not result in a substantial detriment to the public good. The area and the neighborhood remain predominantly residential in character. The two objectors to the application, Salvatore DiStasi and Carmine Misano, as well as the Zoning Officer Lawrence Manning provided relevant information during the hearing that the vast majority of the pre-existing, non-conforming, non -residential uses in the area pre-date the Zoning Ordinance and Master Plans by decades. Concerns regarding noise levels, property maintenance and property values in the surrounding properties are well taken. The tone of the application which seems to be based on the premise that one more variance will not hurt this neighborhood is specifically rejected. 9. The Mayor and Council of the City of Hackensack note the total absence in applicant's presentation of any attempt to reconcile the continued omission of the proposed use in this zone through at least three (3) Master Plan reviews and a sixteen (16) year old Zoning Ordinance. Such showing or reconciliation is re quired by an enhanced quality of proof according to the New Jersey Supreme Court case of Medici vs. B PR Co., 107 N. J. 1 (19 87). It is the finding of the Mayor and Council of the City of Hackensack that no attempt to make such a re quired showing or reconciliation was undertaken by the applicant because the facts and circumstances of this matter do not and cannot justify the granting of the proposed use variance. I NOW, T HEREFORE, BE IT RESOLVE D by the Mayor and Council of the City of Hackensack that the decision rendered by the Zoning Board of Adjustment of the City of Hackensack in the matter of "IN RE T HE A P PLICATION OF FRANK MACC HIONE, A P PLICATION #5 2-9 2" be and hereby is REVERSE D: AN D BE IT FURT HER RESOLVED that the application for development known as "IN RE T HE A P PLICATION OF FRANK MACC HIONE, A P PLICATION #5 2-9 2" be and hereby is DENIE D: AN D BE IT FURT HER RESOLVE D that the City Clerk shall cause a brief notice of this decision to be published once in The Record. Roll Call: Ayes - Galvis, Trammell, Stein, Zisa Absent - Mattei Mrs. LaMarche advised the Mayor that the Docket was completed. Mayor Zisa thanked Mrs. LaMarche and asked Mr. Lacava and Mr. Salkin if they had anything to report. They did not. The Mayor, referring to the July 4th weekend celebration, stated that he had received many verbal and written communications regarding the appreciativeness of the public for such a festive weekend and the I outstanding assistance from the personnel in the park. If funds are available, the public would like to see this kind of celebration happen again. He congratulated the City Manager and all the City Department Heads. Councilman Stein reiterated the public's reaction to him on the July 4th celebration. He had received numerous telephone calls and stated, "It was just marvelous". Mr. Lacava noted that Lyndhurst was holding a similar celebration and he would be going to Lyndhurst on July 21st to see what they are doing. He stated that the City is trying to get corporate sponsorship for next year's celebration.  /...30 Councilman Galvis added his congratulations to the people who planned the July 4th celebration. It was a community affair with different ethnic groups who went down to Foschini Park. He extended his congratulations to the Department Heads, Police and Fire Departments and everyone who was a part of it. Mayor Zisa opened the meeting to the public to discuss City business. t Jack Donovan, Willow Avenue, asked the City Manager if the City was doing any business with Connecticut banks. Mr. Lacava explained that the money transferred to a Connecticut bank was paid out for insurance claims. As of August 1st, the City will be fully self-insured and will be dealing with a bank in Oakland. The City cannot invest out of the State. Mr. Donovan added his comments on the July 4th celebration. He felt it was well done, well worthwhile and money well spent. An event such as this does a lot for the morale of the City. Eric Martindale, 3 2 2 Park Street, extended his congratulations to the new Council on their victory. He spoke on the Borg's Woods land and gave a copy of a report to the City Manager. He then thanked the Council for passing a resolution on the Hackensack River Pathway. Mr. Martindale then outlined a six point environmental agenda for the City. Dorothy Schwartz, 4 7 Prospect Avenue, noted that on July 14th the Bureau of Labor Statistics released the latest C PI figures. Her report based on this information and figures from previous years was distributed to the Council, City Attorney and City Manager. She spoke on the " Housing" portion of this report as it relates to rental t increases. Mayor Zisa and Mr. Salkin asked Ms. Schwartz some questions regarding the report and the C PI figures in general. Discussion of the report, in particular " Housing", then followed. Motion offered by Stein, seconded by Galvis that the public hearing be closed and the meeting be adjourned. Carried. (9:00 P.M.}. ABSENT COUNCILMAN ROGER MATTEI I ATTEST: � ��� DE PUT YIT�LERK