1 00:00:06,800 --> 00:00:13,680 Okay, do I have a motion to return to open session? 2 00:00:11,440 --> 00:00:19,960 I make a motion. Second. 3 00:00:14,920 --> 00:00:23,960 Okay, all in favor? I. I. Okay, so thank you. We have now returned 4 00:00:22,000 --> 00:00:28,760 to open session of the special council meeting of May 7th. 5 00:00:26,000 --> 00:00:33,920 We have one item on the agenda. The um 6 00:00:30,480 --> 00:00:37,320 passing of resolution I guess it's 139. 132. 7 00:00:35,320 --> 00:00:42,080 132, excuse me. Res- resolution authorizing settlement 8 00:00:39,520 --> 00:00:46,680 of the matter entitled 431 East Palisade Avenue Real Estate LLC 9 00:00:44,280 --> 00:00:50,480 and 7 North Woodland Street LLC versus City of Englewood and City Council of 10 00:00:49,040 --> 00:00:53,560 Englewood. Um Ms. Reynolds, would you please uh 11 00:00:52,240 --> 00:00:58,000 just uh uh give the public a uh summary of this 12 00:00:56,440 --> 00:01:02,560 uh resolution? Yes, thank you. Uh so 13 00:01:00,800 --> 00:01:08,680 the plaintiffs have proposed to develop an 14 00:01:05,120 --> 00:01:12,920 assisted living facility on three lots in the city. 15 00:01:10,280 --> 00:01:18,280 Um those lots consist of properties at the corner of North Woodland Avenue and 16 00:01:15,120 --> 00:01:24,760 East Palisade Avenue. Uh they also rest a portion on the border of Ingle- of the 17 00:01:21,120 --> 00:01:30,440 Borough of Englewood Cliffs. Uh the plaintiffs have alleged in their action 18 00:01:27,640 --> 00:01:35,480 that the city's zoning code is unconstitutional 19 00:01:31,960 --> 00:01:40,920 as it impermissibly segregates assisted living facilities to a small portion of 20 00:01:38,360 --> 00:01:45,800 the city of Englewood and without limitation 21 00:01:42,520 --> 00:01:50,320 plaintiffs asserted claims um arise under the American with Disabilities 22 00:01:48,160 --> 00:01:56,480 Act, the Fair Share Housing Amendments Act, and the Rehabilitation Act. 23 00:01:53,600 --> 00:02:02,400 The parties have agreed that the city council will adopt a 24 00:01:59,560 --> 00:02:07,080 zoning overlay ordinance that would enable the construction of a 25 00:02:04,800 --> 00:02:13,959 multi-family development at the properties with a 26 00:02:09,880 --> 00:02:20,040 maximum density of up to 150 units and a 20% set aside of affordable units in 27 00:02:17,880 --> 00:02:24,520 accordance with the affordable housing settlement agreement 28 00:02:22,440 --> 00:02:28,640 by and between the city and the Fair Share Housing Center. 29 00:02:26,560 --> 00:02:32,959 In a separate action that was commenced in the state court, 30 00:02:30,440 --> 00:02:37,320 the plaintiff plaintiff's development of the 31 00:02:35,320 --> 00:02:43,640 project even should should the zoning ordinance 32 00:02:40,920 --> 00:02:48,760 zoning overlay ordinance be adopted is still subject to approval by the city's 33 00:02:46,200 --> 00:02:54,080 planning board and all other requisite local, county, state, and federal 34 00:02:51,640 --> 00:02:59,600 regulatory agencies. And there is also a monetary component 35 00:02:57,120 --> 00:03:07,120 to pay a portion of plaintiff's legal fees. Those fees are only going to be 36 00:03:02,560 --> 00:03:14,880 paid provided the uh there is a dismissal with prejudice 37 00:03:09,880 --> 00:03:20,640 in the action and subject also to the affordable share um litigation being 38 00:03:18,239 --> 00:03:23,760 dismissed as well. And that's pretty much it in a nutshell. 39 00:03:24,120 --> 00:03:30,800 All right, thank you. Uh do I have a motion for for resolution 40 00:03:29,120 --> 00:03:34,440 132? Yes. 41 00:03:32,800 --> 00:03:40,320 Okay, Ms. David. Ms. Tokayer seconds. Roll call, please. 42 00:03:37,519 --> 00:03:45,760 Councilwoman David? Yes. Councilman Tokayer? Yes. Councilman Wilson? 43 00:03:44,280 --> 00:03:49,040 Yes. Councilwoman Wozniak? 44 00:03:50,160 --> 00:03:53,960 Councilwoman? You're on mute. 45 00:03:52,720 --> 00:03:58,640 Yes. Council President Rosenzweig? 46 00:03:56,400 --> 00:04:03,040 Yes. All right. So, we now open 47 00:04:01,480 --> 00:04:06,959 uh the meeting uh to the public. 48 00:04:05,280 --> 00:04:11,800 If anyone from the public wishes to address the council, 49 00:04:09,040 --> 00:04:17,320 um I don't see anyone in attendance. Um so, I will close the public session. 50 00:04:14,560 --> 00:04:20,720 Do I have a motion to adjourn? Yes, so moved. 51 00:04:18,560 --> 00:04:26,200 I make I make a motion I make a motion to adjourn. All right, so 52 00:04:23,320 --> 00:04:31,600 all in favor? I. I. Uh thank you once again for making time on uh odd time, 53 00:04:29,880 --> 00:04:33,760 but again it was time sensitive, so I really appreciate that. Thank you for 54 00:04:33,480 --> 00:04:36,080 all >> everyone have a happy Mother's Day. 55 00:04:35,320 --> 00:04:39,919 Everyone have a great Mother's Day. >> Thank you, you too. You too, everyone. 56 00:04:37,760 --> 00:04:45,360 Have a nice day. Have a nice day. Thank you all. Thank you all. 57 00:04:41,919 --> 00:04:49,040 Thanks. Thanks, Ed. Okay. Thank you. Bye, everyone. Bye. 58 00:04:46,680 --> 00:04:49,040 ยป Bye.