Advisory Neighborhood Commission 6D
St. Augustine’s Episcopal Church
April 14, 2008
The meeting was called to order by Chair Roger Moffatt at 7:07 p.m.
Present: Commissioners Hamilton, McBee, Moffatt, Siegel, Skolnik, Sobelsohn
Absent: Commissioner Litsky
1. Approval of agenda
Commissioner Sobelsohn requested that a discussion of Safeway restroom facilities be added to New Business; Commissioner McBee requested a discussion of a historic landmark designation for 156 Q Street SW be added to New Business; and a discussion of a zoning modification for 250 M Street SE be also added to New Business. Motion: Commissioner Moffatt moved/Commissioner McBee seconded a motion to approve the agenda as amended. The motion passed 6-0.
2. New Business
ABC Committee Chair Coralee Farlee reported that she and Commissioner Hamilton, in whose SMD Ziegfield’s/Secrets/Secrets is located at 1824 Half Street SW, had met with Alan Carroll, the club’s owner, and had negotiated a voluntary agreement. (attached)). She reported that while there had been bad activity around Lime, the club’s predecessor, neither MPD nor ABRA had any complaints on file for Ziegfield’s/Secrets. Earlier objections by MPD have been withdrawn, and no other objections have been raised. The voluntary agreement is based on the earlier agreement negotiated with Lime, with the addition of provisions requiring a cool-down room, a breathalyzer, and the participation of Mr. Carroll in the activities of PSA 104. The petition date is April 28, with the hearing two weeks later.
Motion: Commissioner Sobelsohn moved/Commissioner Siegel seconded a motion to go on record at ABRA supporting the application of Ziegfield’s/Secrets for a license. Commissioner Sobelsohn moved to amend the motion to provide that the letter of support include a copy of the voluntary agreement between Ziegfield’s/Secrets and the ANC.IT was seconded by Commissioner Siegel. The amendment passed 6-0. The amended motion passed 6-0.
Vie de France
Vie de France, located at 600 Maryland Avenue SW, requested from ABRA a stipulated license to provide entertainment until the hearing, in June, for a change to their license to include an entertainment endorsement. The manager did not realize that the café needed an entertainment endorsement to provide the karaoke and occasional DJ’s they have, and when informed by ABRA, stopped the entertainment. They have signed a voluntary agreement with the ANC. There are no residences in the area of the establishment, and Commander Kamperin has no objections. They will not serve liquor in the café area until the license is modified. Motion: Commissioner Skolnik moved/Commissioner McBee seconded a motion to approve the voluntary agreement between Vie de France and ANC 6D. The motion passed 6-0. Motion: Commissioner Skolnik moved/Commissioner McBee seconded a motion to send a letter of support to the ABC for a stipulated license for Vie de France. The motion passed 6-0.
Vending Outside Nationals Park
Sam Williams, Manager of Special Events and Vending at DCRA, briefed the Commission on emergency legislation passed by the City Council that will permit vending at up to 40 sites in the neighborhood of Nationals Park by the end of April. DCRA will come up with a plan to designate locations and put them out on a first-come, first-serve basis. Vendors will undergo security checks, and a system will be designed by DVRA to create a system of voluntary agreements with vendors as to what they can and cannot sell. There will be no sales of liquor or cigarettes. The boundaries will be the same as the Riverfront BID, a commercial zone, and vendors will not set up in any residential area, but as close as a block from the stadium and others further away. Vendors will be able to be there daily, but most will opt to be there only on game days. After the vending plan has been preliminarily developed, the community will have opportunity to provide input on it.
Army Ten-Miler Race
George Banker, representing the Army Ten-Miler Race, to take place on October 5, 2008, outlined the plans for the race, which will go up 14th Street and along Independence Avenue. The race is not routed through any residential areas, and is open to any one. The race benefits the Army’s Morale and Welfare funds for the families of injured and dead soldiers. They will coordinate with MPD and DC EMS will provide medical services.(Route map attached) Motion: Commissioner Skolnik moved/Commissioner Sobelsohn seconded a motion to support the Army Ten-Miler on October 5th. The motion passed 6-0.
Letter in Support of DCRA ANC Liaison Position
Commissioner McBee reported that because the current ANC Liaison at DCRA had received a promotion, the budget line for his position was empty, and it was eliminated in the Mayor’s budget. Motion: Commissioner McBee moved/Commissioner Sobelsohn seconded a motion to request that the Mayor reinstate the budget slot for an ANC Liaison at DCRA. The motion passed 6-0.
Public Space Permit-5 Guys
Commissioner Moffatt reported that a request for a public space permit for outdoor seating had been received for 5 Guys at 1100 New Jersey Avenue SE, but it was received late and without sufficient time to contact 5 Guys to discuss the matter. Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to ask the Public Space Committee for a delay of 30 days so that the ANC has sufficient time to review the application with 5 Guys.. The motion passed 5-0-1, with Commissioner Skolnik abstaining.
Historic Designation for Dent House – 156 Q Street SW
Hayden Wetzel, of the DC Preservation League, and Patsy Fletcher of the Office of Historic Preservation, presented the history of the Dent House at 156 Q Street SW, which is now known as Southwest Community House. The research on the house is complete and has been delivered to the Historic Preservation Office. They are seeking landmark status for the exterior of the 119th Century building. SWNA is in support of the designation. The owners of the building have not participated in or approved the process, and there is a question of whether they support the designation. Motion: Commissioner McBee moved/Commissioner Hamilton seconded a motion to support the historic designation of Dent House at 156 Q Street SW. The motion passed 5-1, with Commissioner Moffatt in opposition.
5. Old Business
Building D –The Yards
Alex Nyhan, of Pillsbury Winthrop Shaw Pittman, representing Forest City Washington, the developer of The Yards at the Southeast Federal Center, presented a Memorandum of Understanding (MOU) negotiated by the ANC and Forest City for Zoning Commission Case No. 08-01, Southeast Federal Center Overlay District Review of Parcel D, on Square 826, Southeast Federal Center. Forest City Washington is seeking support from the ANC for variances for a reduction in the number of loading docks required from ten to nine; elimination of the rear yard requirement; and a reduction in requirement that at least 50% of the ground floor retail be clear glass, and that retail space can be less than 15’ tall. The Zoning Commission hearing is scheduled for April 24th
The MOU includes benefits in three areas: employment, affordable housing and the environment: (Complete MOU attached)
Employment: construction workers will be recruited from ANC 6D through quarterly ads in the Southwester; there will be an overall 20% goal for “first source” employment from qualified 6D residents; tie-breaking preferences for subcontractors for businesses located in 6D and for qualified construction workers living in 6D.
Affordable housing: There is a goal established that 25% of affordable housing units in Parcel D will be occupied by residents of ANC 6D. There will be a lottery established if there are more applicants than available apartments, in which ANC 6D residents will receive eight tickets, other DC residents will receive two, and other applicants one. The lottery provision will be incorporated into the Affordable Housing Covenant, and will last for the length of the Covenant (15 years).
Environment: The office tower in Parcel D will be LEED certified, and LEED certification will be secured for the residential and retail space to the extent such certification is awarded.
Forest City Washington will provide an annual report on the execution of the MOU as long as the Affordable Housing Covenant is in effect.
Mr. Nyhan reported that there are federal funds available for environmental remediation and that Forest City Washington has invested $1 million in a pre-apprenticeship program being run by Living Classrooms.
Motion: Commissioner Sobelsohn moved/Commissioner Siegel seconded a motion to support the Memorandum of Understanding between Forest City Washington and ANC 6D, and support the application of Forest City Washington for variances and a special exception before the Zoning Commission. The motion passed 4-2, with Commissioners Hamilton and Skolnik in opposition.
Traffic Operations and Parking Plan (TOPP)
There was a discussion of problems various Commissioners had encountered with the TOPP and the new Performance Parking Pilot Plan, including the distribution of visitor’s passes to 6D residents, problems with enforcement of the TOPP including towing, an charter bus parking. Naomi Mitchell of Councilmember Wells office, pointed out that the Councilmember will hold a meeting on the Parking Plan on May 7th at the Capitol United Methodist Church, 421 Seward Square SE.
Commissioner Skolnik reported that H2O has submitted a new version of the Voluntary Agreement, but there has not yet been a meeting to discuss it.
He reported further that , the hearing on Zanzibar will be held on May 7th, and he is working with attorney Richard Bianco on preparing the ANC’s case.
Restrooms at Safeway
Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to send a letter urging the reconsideration of the Safeway policy of closing its restrooms to the public. The motion passed 5-0-1, with Commissioner Hamilton abstaining.
250 M Street SE
Kyrus Freeman, of Holland + Knight, and Mike Hickock, representing the project’s architect, presented a request for support for a modification to an office building at 250 M Street SE, being developed by William Smith Company. They are asking to increase the height of the building to 130’ from 110’. The project was originally approved in 2004, and is part of the Hope IV Capper/ Carrollsburg development, in which William Smith has a 30% interest. There are four levels of below-ground parking in the building. The developer plans to change the design of the mechanical penthouse. Mr. Freeman noted that William Smith was the primary funder of Canal Park, the building will be LEED certified Silver, and that profits from the building will go to Capper/Carrollsburg. The Zoning Commission hearing is on May 24th. Commissioner Siegel moved to support the request, but the motion received no second. Motion: Commissioner McBee moved/Commissioner Skolnik seconded a motion to delay consideration of the project until the May ANC meeting with the possibility of discussing greater community benefits. The motion passed 5-1, with Commissioner Sobelsohn in opposition.
6. Committee Reports
Alcoholic Beverage Control
Chair Coralie Farlee reported that a voluntary agreement has successfully been negotiated with the Capitol Yacht Club, which has applied for a change in its hours.
She also reported on the status of the plan to have an agreement with the Nationals about alcoholic beverage service at the stadium. Motion: Commissioner Sobelsohn moved/Commissioner. McBee seconded a motion that it is the sense of the ANC that an agreement be worked out with the Nationals about the service of alcohol at Nationals Park. The motion passed 6-0.
Attorney for Zanzibar Case
Commissioner Skolnik presented a contract for ANC approval for the hiring of Richard Bianco to serve as attorney in the Zanzibar ABC case. (contract attached). Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to approve the contract with the addition of language to Section 2.1 stating that the ANC’s maximum liability will be $5,000. The motion passed 6-0.
Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to substitute the current , revised January and February minutes for those that were tabled at the March meeting. The motion passed without objection.
Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to approve the January minutes. The motion passed 6-0.
Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to approve the February minutes. The motion passed 6-0.
Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to approve the March minutes. The motion passed 6-0.
8. Treasurer’s Report
Commissioner Skolnik presented the Treasurer’s Report. (attached) The report shows that the opening checking account balance was $40,081.78, and that the savings account balance was $5,154.70. There was an interest payment to the savings account of $1.75. There were disbursements of $831.15 to Roberta Weiner for salary (Check #369); $90 to St. Augustine’s Church for meeting space rental (Check #371); $900 to Sunday Movers for moving the office (Check # 372); $128 to the USPS for a post office box (Check #373); $144 to U-Haul for a storage locker (Check #374); $123.71 to Roberta Weiner for moving supplies (Check #375); $72.76 to Roberta Weiner for moving supplies (Check #376); $300 to Roberta Weiner for additional payment to Sunday Movers (Check #377); $55 to Roberta Weiner for telephone reimbursement (Check #378), leaving a balance of $37,436.21 in the checking account, and $5,156.45 in the savings account. Motion: Commissioner Skolnik moved/Commissioner Sobelsohn seconded a motion to approve the Treasurer’s Report. It passed 6-0.
Motion: Commissioner Sobelsohn moved and Commissioner McBee seconded a motion to adjourn. Without objection, the motion passed. The meeting adjourned at 10:25 p.m.