Advisory Neighborhood Commission 6D

St. Augustine’s Episcopal Church

Minutes

March 12, 2008

 

The meeting was called to order by Chair Roger Moffatt at 7:07 p.m.
Present: Commissioners McBee, Moffatt, Skolnik, Sobelsohn
Absent: Hamilton, Litsky, Siegel
 
 1.    Approval of agenda
Mr. Sobelsohn added the appointment of a temporary Secretary.  Ten minutes further discussion was requested for IV b, Nationals Opening Day Fan Fest. An additional five minutes was requested for discussion of the V c, the update on the Zanzibar liquor license protest. Motion: Commissioner Moffatt moved/Commissioner McBee seconded a motion to approve the agenda as amended.  The motion passed 4-0.
 2.    Appointment of Temporary Secretary
Motion: Commissioner Sobelsohn moved/Commissioner Skolnik seconded a motion to approve, in the absence of the Commission Secretary, the appointment of David Sobelsohn to serve as Secretary for the meeting.  The motion passed 3-0-1 with Commissioner Sobelsohn abstaining.
3.         Community Comment
Cherry Blossom Festival
Barbara Ehrlich reported on the Cherry Blossom Festival and festival activities on the Southwest waterfront.
Public Safety
Lt. Gallucci reported that while there was a slight increase in stolen autos, all other categories of crime are down from the same 30-day period last year.  He announced that crime statistics are available at crimestats.dc.gov, and that crimemap.dc.gov  provides a map of the location of crime city wide. 
Safeway
Dean Turner, manager of the Waterfront Safeway, introduced himself and said he will attend every other meeting in order to hear community concerns.  He can be reached at 202/554-9155, ext. 1200.
 4.    New Business
Building D – The Yards
this is the first property at the Yards (Southeast Federal Canter) to be developed by Forest City Washington. It is a request for support for modifications included in a BZA application requesting a reduction from 10 to nine in the number of loading bays in the commercial building, relief from the rear yard requirement, relief from the M Street frontage review, and an increase in the number of mechanical penthouses from two to three.
The relief from rear yard requirement is because the building abuts public streets on three sides, and after Tinguey Street, which is not currently designated as a public right of way, is opened, on four.  The M Street frontage change is because 50% of the windows are the required clear class, but 50%--at a proposed supermarket location--will be darker glass.  The increase in the number of penthouses is so that the residential building can have two separate elevator cores, in addition to the one proposed for the office building.
The building will have 
Marine Corps Marathon
A request was made for ANC support of the Marine Corps Marathon, which will be run on October 26th, and will run along the waterfront in the ANC area.  Motion: Commissioner Skolnik moved/Commissioner Sobelsohn seconded a motion to support the Marine Corps Marathon. The motion passed 4-0.
Nationals Opening Day FanFest
Christine O’Connor of the Washington Nationals asked for a letter of support for street closures on N and Half Streets SE on Sunday, March 31st, for the opening game of the Nationals.  The team will have balloon arches, bands, face painting, stilt walkers and other features beginning at 3:30 p.m.  The closure will be from one hour after the exhibition game on March 29th, until one hour after the opening game is over. Motion: Commissioner McBee moved/Commissioner Skolnik seconded a motion to support the Nationals FanFest on Sunday March 31st, and to strongly encourage the use of local cultural resources at stadium events.  The motion passed 4-0. 
 5.    Old Business
Traffic Operations and Parking Plan (TOPP)
Motion: Mr. McBee moved/Commissioner Skolnik seconded a resolution delineating outstanding issues with the DDOT TOPP, which is being implemented to mitigate traffic problems associated with the new stadium (resolution attached).  Motion: Commissioner McBee moved/Commissioner Skolnik seconded the following motion:

NOW THEREFORE, BE IT RESOLVED by this ANC 6D, at a duly noticed meeting and in accordance with provisions in District of Columbia law that give it “great weight” in such matters, that the Commission calls upon the Mayor and Director of the Department of Transportation to take the following actions:

 

n Ensure that the Southwest/Near Southeast community, and this ANC6D, that its input and feedback will be included in the TOPP, as promised by the Nationals and DDOT, and that a monthly, as well as annual, report of the effectiveness of the TOPP will be given at the regular ANC 6D business meetings.  However, this should not be the only method of communication between ANC6D and the Southwest/Near Southeast community by DDOT and the Nationals.
 
n Move the current Nationals Stadium commuter bus parking from Buzzard Point to Poplar Point, as was first presented, or to another location.  (Potomac Avenue SE is currently suggested as the primary drop off/pick up location for bus patrons who are attending games via buses other than shuttle service from RFK or via METRO regular route.)
 
n Ensure that the intersection of N and 1st Streets SW is properly controlled, and that traffic calming devices are installed to ensure the safety of the children, families, seniors and the physically challenged using the King Greenleaf Recreation Center and its athletic fields, located at 201 N Street SW, and crossing that intersection.
 
n Remove the drop off location for taxis and commuter buses bringing patrons on the west side of South Capitol at M Streets SW. This is a dangerous crossing for pedestrians, and members of the community have reported fatalities at that location.  Additionally, right turns should be eliminated off South Capitol Street at K, L, N, O, and P Streets SW for traffic heading south – and the reverse for traffic heading north on South Capitol Street in order to protect the residential community in Southwest adjacent to the stadium.
 
n Move the Nationals Stadium sign that has been posted at the Maine Avenue SW exit on 395, which is not to be the primary exit for the stadium, to the South Capitol Street exit, as discussed in the TOPP.  This sign, and others, should be posted to reflect those decisions.
 
n DDOT must utilize the outcomes of Councilmember Tommy Wells Ward 6 Pedestrian Forums and use the Southwest/Near Southeast area as a pilot area for those recommendations in order to enhance pedestrian and child safety.

 

The motion passed 4-0.

South Capitol Street Environmental Impact Statement
Commissioner McBee raised several problems that he found in the South Capitol Street Environmental Impact Statement (EIS), including the closing of Half and Q Streets SW, the fact that the TOPP is not included in the EIS; that the oval at the foot of the Douglass Bridge would be used for a monument, precluding previously discussed underground parking; that there is no discussion of light rail; and that the EIS there is no discussion—and therefore does not preclude—the construction of a tunnel; and that there is no discussion of commuter traffic or pedestrian safety.
Motion: Commissioner Sobelsohn moved/Commissioner. McBee seconded a motion to authorize Commissioner Moffatt to send a letter to DDOT containing the reservations of the Commission to the EIS, gotten to Commissioner Moffatt by March 23rd.  The motion passed 3-0-1, with Commissioner Sobelsohn abstaining.
Liquor Licenses
Alcoholic Beverage Control Committee Chair Coralie Farlee reported on the status of local licenses:
H2O: There is a mediation meeting scheduled for April 30.  H2O was instructed by ABRA to change the language in the voluntary agreement they presented, and they have not.  There is a status hearing on June 4th.
Zanzibar: The Committee is gather ing statements from witnesses, and a postponement from March 26th has been requested.
Marriott Courtyard: a voluntary agreement has been reached with a 10-person community group, and is now in place.
Cantina Marina: an independent group of local residents is scheduled for mediation.  The issue is noise on the outside deck.  The group has asked for a delay in the hearing.
Nationals Park: The Nationals are willing to enter a protocol.  Lt. Gallucci did not think it was worth it.  The committee is concerned about litter and liquor outside the stadium  Authority over the stadium rests with DCSEC.
Lime: ABRA has terminated their   
 5.    Change in Flood Plain Definition

Commissioner Litsky reported on the redrawing of the District’s flood plain lines by FEMA, which goes into effect on September 26th, could mean that Southwest/Near Southeast residents will have to get flood insurance. He said that the District should provide assistance in purchasing it for those who require it.  The District is appealing the FEMA deadline, so it can properly update the levees at 17th Street.

 6.    Square 700 West Alley Closing
Christy Shiker, of Holland + Knight, and representatives of Monument Realty, developer of the Square 700 West Alley, returned to the ANC with a revised community-benefits proffer (attached). The proffer includes a $50,000 contribution to an ANC 6D "Community Investment Fund," employment and housing preferences for ANC 6D residents, and several "environmental benefits."  Shiker assured the ANC that the site is included in (not exempt from) Inclusionary Zoning, and pledged that Monument will return to the ANC seeking support for the Zoning Commission's architectural approval of the project.  In addition, she and the representatives of Monument Realty agreed to rewrite the sentence in the proffer letter (in the third paragraph under "III. Affordable Housing") that now begins "To implement this priority, it is anticipated that ANC 6D residents will receive six tickets," so that instead it begins "To implement this priority, and to the extent permitted by law, ANC 6D residents . will receive six tickets."

Motion: Commissioner Sobelsohn moved and Commissioner Siegel seconded a motion to support the Square 700 West Alley Closing, in exchange for community benefits promised in the proffer letter, on condition that the sentence (under "III. Affordable Housing") that now begins "To implement this priority, it is anticipated that ANC residents . . . will receive six tickets" be rewritten instead to begin "To implement this priority, and to the extent permitted by law, ANC residents . . . will receive six tickets . ." The motion passed 4-3, with Commissioners Hamilton, McBee and Skolnik in opposition.

 7.    Additional Baseball Parking Lot Locations
Joel Lawson, of the Office of Planning, presented information on additional areas that are being presented to the Zoning Commission on February 21st for inclusion in those areas that can be made available for baseball parking.
Commissioner Litsky read a resolution opposing the request (resolution attached) which points out that the lots will permit the parking of 2,950 automobiles in Southwest, which will cause a “threat to the health, safety and well-being of the nearly 6,000 residents living south of M Street SW,” and the Office of Planning has not provided an approved traffic plan prepared by DDOT in support of the lots, and there is no DDOT plan in place to enforce the Zoning Commission order preventing the  Nationals from directing baseball patrons over I, 4th or P Streets SW.
Gregory McCarthy, Nationals Vice President for the Ballpark District, outlined the steps the Nationals are taking to educate people to use Metro and other means of transit to minimize automobile traffic.

 

Motion: Commissioner Litsky moved and Commissioner Siegel seconded a motion to oppose the application by the Office of Planning to permit temporary surface parking lots at Squares 603, 605, 658, 661, 662, 662E, 664, 664E and 658.  The motion passed 7-0.

 

Motion:   Commissioner Skolnik moved and Commissioner Siegel seconded a motion to authorize Commissioners Litsky and Moffatt to represent the Commission in this matter.  The motion passed 3-0-1 with Commissioner Sobelsohn abstaining. (Three Commissioners were out of the room).

 

 9.    Update on Liquor License Applications

 

H2O

 

Commissioner Skolnik reported that he is still in negotiation with H2O on a voluntary agreement.  They are working with an ABRA mediator with the hope of coming to an agreement.  The last draft that was presented to the ANC was unsatisfactory.  There is no meeting currently scheduled.

 

Zanzibar

 

Commissioner Skolnik reported that Zanzibar’s attorney has said that if they get their requested change from a restaurant to a nightclub license they might consider signing a voluntary agreement.  There is a protest hearing on March 26th.  The MPD and Councilmember Wells have sent letters against the license change.  ABRA Counsel Fred Mousally has suggested that granting them a CT – tavern—license might be a compromise, but the issue is that any change from the current CR license would be bad for the community.

 

10.   Committees

 

Alcoholic Beverage Control

 

Motion: Commissioner Sobelsohn moved and Commissioner Skolnik seconded a motion to appoint Coralie Farlee chair of the Alcoholic Beverage Control Committee.  The motion passed 5-0.

 

Motion: Commissioner Sobelsohn moved and Commissioner Skolnik seconded a motion to authorize Coralie Farlee to be an additional official representative of ANC 6D before the Alcoholic Beverage Control Board in the case of Zanzibar.  The motion passed 5-0. (Commissioners Hamilton and McBee were not present for the votes.)

 

There were no reports from the Development Committee or the Community Outreach Committee.

11.   Minutes

Motion: Commissioner McBee moved and Commissioner Litsky seconded a motion to approve the November minutes.  The motion passed 4-3, with Commissioners McBee, Sobelsohn and Siegel in opposition.

Motion: Commissioner Sobelsohn moved and Commissioner McBee seconded a motion to table the January minutes.  The motion passed 5-2, with Commissioners Moffatt and Skolnik in opposition.

12.   Treasurer’s Report

Treasurer’s Report

Commissioner Skolnik presented the Treasurer’s Report. (attached) The report shows that the opening checking account balance was $41,260.34, and that the savings account balance was $5,154.70.  There was an interest payment to the savings account of $1.73.  There were disbursements of $789.59 to Roberta Weiner for salary (Check #364); $100.114 to Verizon for telephone service (Check #365); $90 to St. Augustine’s Church for meeting space rental (Check #366); $84.63 for copying expenses (Check #367); and $114.20 to Ron McBee for copying expenses (Check #367) leaving a balance of $40,081.78 in the checking account, and $5,154.70 in the savings account.  Motion: Commissioner Skolnik moved/Commissioner Sobelsohn seconded a motion to approve the Treasurer’s Report.  It passed 4-0.

Legal Services for Zanzibar

Motion: Commissioner Skolnik moved/Commission McBee seconded a motion to approve the allocation of up to $5000 for legal expenses in relation to the protest of Zanzibar’s liquor license. The motion passed 4-0.

 13.Adjournment

 

Motion: Commissioner Sobelsohn moved and Commissioner McBee seconded a motion to adjourn.  Without objection, the motion passed.  The meeting adjourned at 9:17 p.m.