Advisory Neighborhood Commission 6D

Ron McBee, Chair

October 18, 2010

Business Meeting

St. Augustine’s Episcopal Church


Minutes

As Approved by ANC 6D by a vote of 10 -0.


Present: Commissioners Hamilton, Jorgensen, Litsky, McBee, Moffatt, and Sobelsohn.

Commissioner McBee called the meeting to order at 7:05 p.m.

1. Agenda.

Commissioner Sobelsohn moved/Commissioner Hamilton seconded to approve the agenda as proposed.  Commissioner Sobelsohn moved/Commissioner Hamilton seconded to amend the proposed agenda to add discussion of (a) proposed
bylaws amendments, (b) policy proposals based on the recent ANC 6D retreat, and (c) Community Outreach Committee appointments.  Without objection, the agenda was so amended.  The motion to approve the agenda, as amended, passed 6-0.  Commissioner Litsky did not vote.

2. September Minutes.

Commissioner Sobelsohn moved/Commissioner Siegel seconded to approve the proposed September 13, 2010 minutes.  The motion passed 6-0.  Commissioner Litsky abstained.

3. Action Items.

    a. Development and Zoning.

        1) The Yards Parcel D.

Representing Forest City Washington, Alex Nyhan gave a presentation about Forest City’s “Parcel D” site, at the corner of 1st and M Streets, between M and Tingey Streets, SE, in the Southeast Federal Center Overlay District.  This LEED Silver project will have 225 apartments (20% “affordable” to residents earning 50% of the area median income) and
between 76,000 and 110,000 square feet of retail, including a supermarket of 50-55,000 square feet.  Forest City expects groundbreaking in January 2012 and a project opening in late 2013.  On December 2, 2010, the DC Zoning Commission will hear Forest City’s petition for two variances and two exceptions.  Commissioner Siegel moved/Commissioner Sobelsohn seconded to support this petition, specifically for a (1) variance for a curb cut on M Street, to lead to a new 32-foot-wide internal private street; (2) variance to erect 4 to 5-foot-wide balconies on the 4th Street side of the building, overhanging a planned 20-foot-wide sidewalk; (3) special exception to permit a building height of 110 feet; and (4) special
exception for dual roof structures.  Commissioner McBee moved to amend the motion to add authorizing Commissioners Siegel and Sobelsohn to represent ANC 6D before the Zoning Commission on this matter December 2.  Without second or objection, the motion was so amended.  The main motion, as amended, passed 7-0.

        2) Inclusionary Zoning.

On October 21, 2010, the DC Zoning Commission will consider case #04-33D, a text amendment regarding an inclusionary-zoning exemption for federal and DC-funded affordable-housing developments.  Commissioner Sobelsohn
moved/Commissioner Litsky seconded to advise the Zoning Commission as follows: “We urge the Zoning Commission to rule that Inclusionary Zoning automatically applies to an exempted development once its federal or District program controls end.  Otherwise Washington, DC risks losing its income diversity and someday following other East Coast cities as places where only the very rich or the very poor can live.”  The motion passed 7-0.  Commissioner Sobelsohn moved/Commissioner Litsky seconded to further advise the Zoning Commission as follows: “We also urge an amendment to sub-section 2602.3(e) to delete Southwest from a blanket exemption from the chapter on Inclusionary Zoning.  Southwest is the only entire quadrant so exempted.  Our quadrant deserves the protection of Inclusionary Zoning
as much as do Southeast, Northeast, and Northwest.  Otherwise our quadrant could lead the city in losing its income diversity and becoming a place where only the very rich or the very poor can live.”  The motion passed 7-0.

    b. Transportation: L’Enfant Plaza Metrorail Station Name.

Commissioner Sobelsohn moved/Commissioner Hamilton seconded to urge the DC Department of Transportation and the Washington Metropolitan Area Transit Authority (WMATA) to add “Banneker Park” to the name of the Metrorail station currently called “L’Enfant Plaza.”  The motion failed in a tie vote: Commissioners Hamilton, Moffatt, and Sobelsohn voted in favor; Commissioners Jorgensen, Litsky, and Siegel voted against; and Commissioner McBee abstained.

    c. Public Space: Temporary Closure of 6th Street, SW.

Desirée Urquhart of Arena Stage described Arena’s plan to close 6th Street, SW, October 23, from M Street to K Street, SW, from midnight Saturday morning to 11:59 Saturday night for Arena’s Homecoming celebration.  Urquhart pledged that Arena would (1) ask for trash pick-up in the Town Center West Park each day from Saturday October 23 through
Monday October 25; (2) make and post flyers alerting residents of The View to the vehicle-access limits imposed by the temporary closure of 6th Street; (3) forward information to ANC 6D regarding the October 23 rerouting of WMATA bus routes; and (4) investigate providing additional recycling bins at the event.  As part of its celebration, Arena Stage will
distribute 700 free tickets to performances and tours October 23.  Commissioner Sobelsohn moved to welcome Arena Stage back to Southwest.  The motion failed for want of a second.  Commissioner Litsky moved/Commissioner Sobelsohn seconded to support Arena Stage’s one-day closing of 6th Street, SW.  The motion passed 7- 0.
 
    d. Liquor License: Boomerang Boat.

Alcohol Beverage Committee chair Coralie Farlee presented Boomerang Boat Tours LLC’s application for an alcoholic-beverage license.  The Boomerang Boat will dock at Gangplank Marina, 600 Water Street, SW, and pick up passengers at Georgetown and Diamond Teague Park for transit between those two points.  Commissioner Jorgensen  moved/Commissioners Siegel and Moffatt seconded to recommend that the Alcoholic Beverage Control Commission grant the Boomerang an alcoholic-beverage license for that route, based on a “Voluntary/Cooperative Agreement” and a “Community Cooperation Agreement,” copies of both of which are attached to these minutes.  The motion passed
5-1, with Commissioner Sobelsohn opposed and Commissioner Hamilton not voting.

4. ANC Administration.

    a. Treasurer’s Quarterly Report.
 
Commissioner Jorgensen moved/Commissioner Moffatt seconded to approve the treasurer’s quarterly report for July-September 2010.  A copy of that report is attached to these minutes.  The motion passed 6-0.  Commissioner Hamilton did not vote.

    b. ANC Bylaws & Policies.

        1) Bylaws.

Commissioner Sobelsohn moved/Commissioner Siegel seconded to make the following amendments to Article VII of the ANC 6D bylaws:

            a) Amend subsection 1 b) to read: “b) Alcoholic Beverage Control, to consider issues relating to liquor licenses.”

            b) Amend section 3 to read:

“Section 3. Each committee shall consist of seven members, one from each single member district, to be appointed by and to serve at the pleasure of the commissioner representing that district.  Appointments shall take effect on a commissioner’s announcement of that appointment at a public ANC 6D business meeting.  Committee members’ terms shall end at the end of the term for which the appointing commissioner was elected.

To represent a particular single member district on a committee, each commissioner shall appoint one of his or her constituents.  If for two consecutive ANC 6D public meetings a committee seat remains vacant, the ANC has the power at that second meeting to appoint any ANC 6D resident to fill that vacancy.  Commissioners shall serve as alternate or interim committee members, entitled to vote at committee meetings their appointees do not attend or (if the seat is vacant) until they or the ANC has appointed someone to that seat.  Except that they have no vote, commissioners not attending a committee meeting as an alternate or interim committee member have the same right to participate in committee meetings
as do committee members.”

            c) Amend section 9 to read: “Section 9. Committees shall require a quorum to adopt any recommendations.  It shall satisfy this requirement if a meeting is attended by either a majority of the committee’s members then serving or the committee chair and one other committee member.  There shall be no voting by proxy.”

            d) Amend section 10 to read:

“For a committee recommendation to be properly before the ANC, by four days prior to the ANC meeting considering that recommendation the committee must have forwarded its recommendation in writing or by electronic mail to the  commission secretary, to commission staff, and to the commissioner whose single member district includes the business or resident to which the recommendation relates.  At that meeting, the committee chairperson or his or her designee shall present any recommendations to the commission.”

Commissioner Moffatt moved/Commissioner Sobelsohn seconded to amend the motion by replacing the sentence in section 3, paragraph 2, that starts “Except that they have no vote” with the following: “Commissioners attending a committee meeting but not as an alternate or interim committee member have the same right to participate in committee meetings as do committee members, except that they have no vote.”  Without objection, the motion was so amended.  Commissioner Sobelsohn moved/Commissioner Siegel seconded to include, in the bylaws amendments, an effective date of November 10, 2010.  Without objection, the motion was so amended.  As amended, the main motion passed 6-0.  Commissioner Hamilton did not vote.

        2) Policies.

Commissioner McBee moved/Commissioner Moffatt seconded to adopt the following policies for ANC 6D; related to--

            a) All new ANC 6D businesses.

ANC 6D will send a form letter to every new business coming into our ANC, the letter to be signed by the ANC 6D commissioner whose district includes the site of the new business.  The letter will include an invitation to meet with that ANC commissioner to work on a “Community-Business Partnership Agreement.”

            b) Public-space applicants.

ANC 6D hereby adopts, as ANC 6D policy, that, before supporting the public-space permit applications of businesses that apply to make exclusive ongoing use of ANC 6D public space, ANC 6D will have a “Community-Business Partnership Agreement” with those businesses.  These agreements’ content will vary depending on the particular business.

            c) Alcoholic beverage licenses: ANC 6D hereby adopts, as ANC 6D policy, that ANC 6D--

                1-- Will oppose applications for new liquor licenses in ANC 6D until and unless ANC 6D has a voluntary agreement with the applicant.  If, by the protest deadline, we have no voluntary agreement, we will protest the license, while sending the applicant a letter to clarify that the protest is technical, preserves our rights, and does not reflect determined opposition.  ANC 6D will decide, on a case-by-case basis, based in part on a list of incidents from the Alcoholic Beverage Regulation Administration, whether to require voluntary agreements before supporting applications for liquor-license renewals.

                2-- Voluntary agreements will omit clauses that (a) express ANC 6D “concerns” or (b) commit the applicant to obey the law (such as illegal-drug laws or ABRA regulations).

                3-- Will work towards side agreements with new liquor-license applicants, covering promises that could prompt Alcoholic Beverage Control Board rejection of the entire voluntary agreement.

The motion passed 4-2 with Commissioners Jorgensen and Litsky opposed.  Commissioner Hamilton did not vote.

5. Presentations and Announcements.

    a. Presentations.

        1) Water Street Closing.

Representing P.N. Hoffman, Shawn Seaman (Southwest Waterfront Project director), attorney Christine Shiker (of Holland & Knight), and consultant Elinor Bacon made a presentation about the proposed permanent closing of the current Water Street, SW.  Seaman claimed that “good urban design” requires Water Street’s closing, because otherwise Hoffman’s planned large-but-narrow Waterfront buildings, with their axes perpendicular to Maine Avenue, wouldn’t fit.  At the same time, he argued, “Water Street serves no function as far as reducing cars on Maine Avenue.”  Seaman pledged that, although Hoffman seeks Water Street’s official closing as of summer 2011, Hoffman would secure a public easement through December 2012, keeping Water Street open until then, after which Hoffman would break ground and close Water Street forever.  Seaman also pledged that, through construction and afterwards, Hoffman would preserve access to Maine Avenue for those who live aboard boats on the Southwest Waterfront.  Finally, Bacon promised to bring, to the November ANC meeting, a letter of support for Water Street’s closing from the District Department of Transportation, as well as a traffic-impact study Hoffman has commissioned about Water Street’s closing.

        2) Up With People.

Brandon Serna, Marketing and Promotion Coordinator for Up With People, Denver, CO, made a presentation about the Up With People program “Stand for Peace,” which raises funds for schools.

    b. Announcements.

         1) Committee Appointments.

Commissioner Siegel announced his appointment of Ross Dillard to the Community Outreach Committee.  Commissioner Siegel moved/Commissioner Sobelsohn seconded to appoint Dillard chair of that committee. Commissioner Moffatt moved/Commissioner McBee seconded to postpone consideration of the motion until the ANC’s November 8 meeting. The motion to postpone passed 4-2 with Commissioners Siegel and Sobelsohn opposed.  Commissioner Hamilton did not vote.

         2) Next ANC Meeting.

Commissioner Siegel announced that ANC 6D’s next public business meeting will start 7 p.m. Monday, November 8, at the Courtyard by Marriott, 104 L St., SE.

6. Adjournment.

Commissioner Sobelsohn moved to adjourn.  The motion passed without second or objection. The meeting adjourned at 10:53 p.m.


Attachments

1. “Voluntary/Cooperative Agreement” with Boomerang Board
2. “Community Cooperation Agreement” with Boomerang Boat.
3. Treasurer’s Quarterly Report for July-September 2010.