Historic and Environmental Preservation Board - Regular Meeting

The Historic Environmental Preservation Board, I'd ask everyone to stand for the Pledge of Allegiance and remain standing to be sworn in by staff.

To the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Please remain standing to be sworn in by staff.

You can take this opportunity to check your cell phone and make sure it's on do not disturb or vibrate or off. I'm going to ask the city attorney to give us a note on lobbying.

Is there a motion to approve? So moved. Second. Motion and a second. Any discussion? All in favor say aye. Aye. All opposed? Motion carries. Ladies and gentlemen, thank you for coming out this evening. Let me lay the groundwork, the ground rules for what we're going to be doing tonight. Staff will announce each item in turn. The appellant will come forward, give your name and address for the record, and you will have five minutes to do your presentation after the staff report, which will lay out the basics of the intended decision. After which, the property owner or the city may have an opport

Are we going to hear items two and three together since they do? Yes.

So we're going to hear those together at the same time. Appellant number, or item number two will go first, and then appellant number three, after the staff report, which will be given once. In addition, oh, excuse me, Chair. And then we will proceed as usual. And we'll have a vote on each of those items separately since they're separately listed.

Seeing none, let's start, please, with item number 7.

Which concerns, I believe, the question of standing.

Is someone on the city staff going to raise the, clarify the issue of standing, the question of standing?

And before we hear from your presentation, I believe I asked for a reading of the section of the code which deals with standing.

Thank you. Before you go, did you tell us who you were representing? Did you tell us who you are representing?

There's a big difference. Representing the applicant. Yes, sir.

Apparently they did not give me the monitor today to mute the microphones. You have a presentation to make. We'll have testimony if that comes to that. Please do not interrupt. Thank you.

Yes, perform. Yes, I have a question. Is your witness a member of either of these two organizations?

What do you mean she is represented by them?

Is she a member of that organization? Yes.

My question is, if she is a member of the corporation, the committee, does she then give that organization standing if she lives within 500 feet?

So a member of the organization would not be automatically part of the appeal?

Yeah. Give your name and address for the record first.

So I have a question for City's legal staff. When we looked at the fee structure that was just on the screen, Does an organization that's dedicated to the preservation of natural and environmental conditions or whatever it's in qualify as an agreed party?

I can't take advice from you. I only take advice from city staff. Sorry.

If they felt aggrieved by an intended decision, could they make an appeal even though it was not related to the zoo because they were concerned about the environment in general?

responding to something that's happening in 500 feet of the zoo or an established member of the organization?

So in that case, it would be, an appeal would be filed, Friends of the Zoo on behalf of John Doe, who is the aggrieved party within 500 feet.

Right. The standing can be determined only by what's been presented in the application.

I need a motion on whether or not to recognize the appellants as having standing in this item to be heard or not.

Which means that regardless of how the board votes on standing, both the appellant and the property owner can appeal to the city commission and from then to the district court.

We've heard lots of tree appeals on Chapter 17.

That the appellant has standing. Is there a second?

There's a motion in the section. Is there any discussion on the motion to recognize that this appellant is having standing? Can we have a roll call, please?

Who remembers which one was next? Which one was next?

Thank you. Let me ask staff before we get to the appellant. Who's running the clock?

Thank you very much. Okay. Please give your name and address for the record.

And while you're doing that, you can give us your name and address for the record again.

You need to run through instead of walk through. You need to run through and not walk through.

And all future speakers, please adhere more closely to the five-minute limit.

You know, I went up to the public for your comments. Please limit your comments to two minutes or less. And if you are going to repeat something that was said already before, please make it brief. Please start by giving your name and address for the record. Yes, ma'am.

Members of the public, you can also line up at this podium over here and we can alternate between the two. Well, Mr. Cruz is setting up.

Thank you. Someone on the side? Yes, ma'am.

Thank you. Yes, ma'am. No, no, no. Wave your hands. Go ahead.

Ma'am, can you give us your address, please?

And six more cases. Yes, sir. Come ahead.

Now I'll close the public hearing and open to the board for questions, comments. Starting with Mr. Cauley.

Didn't you already have your rebuttal time?

I did. I closed the public hearing and I'm having a... Mr. Colley has a question.

Just a second. Sir, could you please, I don't think you ever gave us your address. Pardon me? Your address.

There you go. So September works for you? Mr. Winker? Agreement. Any other questions on the motion? Okay. We have a roll call, please.

Ladies and gentlemen, we have an hour and seven minutes left.

And the appellant is present. Who represents the appellant?

Please give your name and address for the record. Are you the appellant? I'm in District 1. Are you the appellant? I am the appellant. Please give your name and address. Silvio Pupo, District 1. That's not your address.

Not something that that board decides either.

There's a motion that the appellant has no standing. Is there any discussion on that motion? Give a roll call, please.

Mr. Attorney, is there a question about standing on this one?

We have lost our quorum. We have to wait until he gets back. Well, we still have to wait until he gets back.

Okay, we can resume quorum. What's the question about standing?

You will not be presenting your project. We'll only be discussing the appeal. And at this point, we're discussing only the question of standing. And I believe the attorney for the appellant is ready.

Wait, you must give us your address. Okay.

No, we're not moving forward. We're still discussing standing and we're looking to our city staff, specifically the legal side, to direct us in this decision. Okay. So we have... We have a clear environmental organization. We have three members who do not live within 500 feet. We have a stipulation that there is no requirement for 500 feet.

One lives in the vicinity, but not in possibly 500 feet.

So when you say... What effect it would have on the organization, the organization in reference to the environment? Wouldn't the effect be on the environment rather than the organization?

And I wish you would address the issue that the applicant raised about the court case.

I was just going to say, do you... HAVE SOMETHING TO SAY ABOUT WHAT OPPOSING COUNCIL HAS READ?

To recognize that the Sierra Club has standing.

Second. Motion to second any discussion on the motion?

We'll start with the staff report when we regain.

We're going to start with the staff report. Okay.

Thank you. Now we'll hear from the appellant, who will keep his comments to five minutes.

Thank you, and now we'll hear from the applicant.

That's it. You may have a summary statement at the end.

We will hear that when it's time for rebuttal.

Now members from the public may come forward and give your comments, but you must do this.

We understand that. Could you just limit your discussion to this project rather than in general? Could you... So only this project. We understand trees in general and.

Thank you. Perfect. Thank you. Yes, ma'am.

Thank you. Does anyone want to use this microphone over here? So we can go back and forth? Go ahead.

Start by giving us your name and address.

Is there anyone else? Seeing no one, I will close the public hearing and give the applicant three minutes to respond, including talking about the-

Thank you. Board for questions and comments starting with Miss Odell.

We can put that as a modification of the...

Before you get up, I want to ask the board if there's any discussion on the proffer made for the replacement of replacements.

Thank you. There's a motion and a second. Any discussion on the motion?

Only if we agree to continue the meeting.

Do both want to- Who's the applicant and the appellant number one?

So I'll need a motion to extend the meeting.

There's a motion and a second to extend the meeting to time certain or however long it takes.

We haven't voted on the motion yet. The motion is to extend the meeting. Anyone have a second assessment at 12.30?

Any more discussion on the motion? All in favor say aye. Aye. All opposed?

And the appellant is here. Please come forward, give your name and address for the record.

We'll start with the staff report. Staff report. Now.

I don't think so. Your time has started.

Thanks. Please give your name and address for the record.

Thank you, and now we will hear from the applicant. Try doing only one at a time. Well, just imagine if we were sitting up here. Start by going to the microphone and giving us your name and address.

Anyone from the public wishes to speak on this item come forward now line up at both. Microphones please microphone over here. Please limit your comments to this particular project in this tree. And limited to two minutes, please go ahead. Give your name and address for the record first.

Thank you. Anybody else? Seeing no one, I will close the public hearing. Open up the board for questions, comments, starting with Mr. Cawley.

You can remind everyone that there's all kinds of things you can do in response to a question from a member of the board.

But we can't tell you what that solution would be.

Redesign the project. So we need a motion now.

There's a motion and a second. Any discussion on the motion?

Can we have a roll call? Can we have a roll call now, please?

Now, 1230, we have to have another assessment.

I'll second. There's a motion and a second to hear the last two items. We're going to hear the last two things. Go. Can we have it quiet in chambers, please? All in favor say aye. Opposed? The motion carries.

Can we call items two and three, please?

Is everybody back? Okay, so... Do we need to have a motion to continue item number four?

Ah, but don't... No, my question was, do we need to continue item number four? No. Okay.

But first we have to announce items two and three.

And the appellants are present and please give your name and address for the record. Yes.

Thank you. We'll start with the staff report. Staff report. Yes, come to the microphone.

Appellant for number two. Come to the microphone, appellant number two.

Thank you. Is there anyone from the public wishing to speak on this item? Please come forward and limit your comments to two minutes or less, preferably less.

I'm sorry, no, there's no provision for a rebuttal, sorry.

No clauses of public hearing and open up to the board for questions or comments, starting with Mr. Trachtenberg.

Before we go to Mr. Powers, what is the elevation of the ground there?

Mr. Collier, I was going to say you have an opportunity.

I remind you that you can only respond to questions from the... And I understand, but this is why I look to our Environmental Resources Department.

Do we grant, deny, or modify the appeal?

Now, does the appellant need to agree to that?

And in the meantime, they do not get to cut down any trees.

Mind your lane. I will. I'll stay in my lane. Is there a motion to adjourn? Excuse me, Mr. Chair.

But we have to have a motion for them to be approved or not.

Any discussion? All in favor say aye. All opposed? Now can we have a motion to adjourn? So moved. Motion to second. Any discussion? All in favor say aye. Say aye. Motion carries. We're adjourned.