[0:06] Okay, do I have a motion to return to
open session?
[0:11] I make a motion.
Second.
[0:14] Okay, all in favor? I. I.
Okay, so thank you. We have now returned
[0:22] to open session of the special council
meeting of May 7th.
[0:26] We have one item on the agenda.
The um
[0:30] passing of resolution I guess it's 139.
132.
[0:35] 132, excuse me.
Res- resolution authorizing settlement
[0:39] of the matter entitled 431 East Palisade
Avenue Real Estate LLC
[0:44] and 7 North Woodland Street LLC versus
City of Englewood and City Council of
[0:49] Englewood.
Um Ms. Reynolds, would you please uh
[0:52] just uh
uh give the public a uh summary of this
[0:56] uh resolution?
Yes, thank you. Uh so
[1:00] the
plaintiffs have proposed to develop an
[1:05] assisted living facility on three lots
in the city.
[1:10] Um those lots consist of properties at
the corner of North Woodland Avenue and
[1:15] East Palisade Avenue. Uh they also rest
a portion on the border of Ingle- of the
[1:21] Borough of Englewood Cliffs. Uh the
plaintiffs have alleged in their action
[1:27] that the city's zoning code is
unconstitutional
[1:31] as it impermissibly segregates assisted
living facilities to a small portion of
[1:38] the city of Englewood and without
limitation
[1:42] plaintiffs asserted claims um arise
under the American with Disabilities
[1:48] Act, the Fair Share Housing Amendments
Act, and the Rehabilitation Act.
[1:53] The parties have agreed
that the city council will adopt a
[1:59] zoning overlay ordinance that would
enable the construction of a
[2:04] multi-family
development at the properties with a
[2:09] maximum density of up to 150 units and a
20% set aside of affordable units in
[2:17] accordance with the affordable housing
settlement agreement
[2:22] by and between the city and the Fair
Share Housing Center.
[2:26] In a separate action that was commenced
in the state court,
[2:30] the
plaintiff plaintiff's development of the
[2:35] project
even should should the zoning ordinance
[2:40] zoning overlay ordinance be adopted is
still subject to approval by the city's
[2:46] planning board and all other requisite
local, county, state, and federal
[2:51] regulatory agencies.
And there is also a monetary component
[2:57] to pay a portion of plaintiff's legal
fees. Those fees are only going to be
[3:02] paid provided the
uh there is a dismissal with prejudice
[3:09] in the action and subject also to
the affordable share um litigation being
[3:18] dismissed as well. And that's pretty
much it in a nutshell.
[3:24] All right, thank you.
Uh do I have a motion for for resolution
[3:29] 132?
Yes.
[3:32] Okay, Ms. David.
Ms. Tokayer seconds. Roll call, please.
[3:37] Councilwoman David? Yes. Councilman
Tokayer? Yes. Councilman Wilson?
[3:44] Yes.
Councilwoman Wozniak?
[3:50] Councilwoman?
You're on mute.
[3:52] Yes.
Council President Rosenzweig?
[3:56] Yes.
All right. So, we now open
[4:01] uh the meeting
uh to the public.
[4:05] If anyone from the public wishes to
address the council,
[4:09] um I don't see anyone in attendance.
Um so, I will close the public session.
[4:14] Do I have a motion to adjourn?
Yes, so moved.
[4:18] I make I make a motion I make a motion
to adjourn. All right, so
[4:23] all in favor? I. I. Uh thank you once
again for making time on uh odd time,
[4:29] but again it was time sensitive, so I
really appreciate that. Thank you for
[4:33] all
>> everyone have a happy Mother's Day.
[4:35] Everyone have a great Mother's Day.
>> Thank you, you too. You too, everyone.
[4:37] Have a nice day. Have a nice day. Thank
you all. Thank you all.
[4:41] Thanks. Thanks, Ed. Okay. Thank you.
Bye, everyone. Bye.
[4:46] » Bye.