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[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.