Advisory Neighborhood Commission 6B
Minutes of Regular ANC Meeting
March 11, 2008
Commissioners Present: Julie Olson, Chair; Ken Jarboe, Vice-Chair; Kirsten Oldenburg, Francis Campbell, Neil Glick, David Garrison, Mary Wright, Carol Green, and Executive Director, Bert Randolph.
Commissioners Absent: Will Hill and Michael Patterson
Chairperson Julie Olson chaired the meeting and the Commissioners introduced themselves.
There was a quorum for conducting business.
Adoption of Agenda
The Chair announced that after the ABC Committee Report she would like to add as item 6 Planning and Zoning – 612 E Street, SE – New drawing for the Historic Preservation Review case.
Commissioner Wright made the motion to adopt the agenda as amended. The motion was seconded by Commissioner Campbell. The motion was unanimously adopted 8-0.
Community Speakout
Unity Health Care, Inc., Phoenix Health Center
Brenda Crowder-Gaines, Ph.D., Health Center Director, with the Unity Health Care, Inc., Phoenix Health Center, which is located on the grounds of D. C. General (1900 Massachusetts Avenue SE, Suite 1242, Washington DC 20003), announced that they are an integrated health care system. The Center performs services to address physical and emotional well-being of adults, adolescents and children such as complete physicals, diabetes, asthma, specialty care, HIV and hepatitis care and support groups. The Center is open Monday through Friday, 8:15 a.m. until 4:45 p.m. The pharmacy services are open Monday – Friday, 10:00 a.m. until 10:00 p.m.; Saturday and Sunday 10:00 a.m. until 7:00 p.m.; and Holidays 11:00 a.m. until 7:00 p.m. The Center is adjacent to the Stadium Armory Metro Station and also on the B2, 96, 97D6 & E32 bus lines. Parking is available. Fees are based upon a sliding scale. For more information call 202.548.6500. Dr. Crowder-Gaines provided brochures describing their services and strongly encouraged everyone to please take advantage of their services.
Nighttime Trash Pickup
Mr. Vikram Singh, who lives at 540 7th Street, SE, stated that he wanted to ask for the Commission’s assistance in stopping nighttime trash pickup in the area. Mr. Singh commented that he and his neighbors in the block are disturbed by trash being picked up between the hours of 9:00 p.m. and 7:00 a.m., which is illegal in the District. According to Mr. Singh, two of the public companies have responded positively to their request, but there are a couple of others who have not. They are working with the merchants in the area and are continuing to work on getting other company’s cooperation on this matter.
Commissioner Jarboe asked if this problem was primarily with merchant’s trash pickup. Mr. Singh responded that he was not totally sure, but he would assume that was the case. Commissioner Jarboe added that if this is the case, then for those establishments that have liquor licenses the Commission can instruct them via their Cooperative (Voluntary) Agreement that they have their trash pickup only during daytime hours. Therefore, if the establishments do not adhere to this provision they would be in violation of their liquor license, which would provide greater leverage in stopping this practice.
The Chair stated that she will work with Christina Amoruso the Executive Director of Barracks Row to address this issue.
Metropolitan Police Department’s Business Services Unit
Ms. Helen Hall, Metropolitan Police Department’s Business Services Unit, stated that their mission is to work on the issues that are associated with crime in the area by providing services such as resources for financial assistance - crime victims compensation, housing, police reports, sexual assaults, hate crimes, stalking, homicides, and domestic violence. Ms. Hall stated that they have people on staff to assist persons in being able to navigate the system to get better responses and to facilitate working with the other agencies that they may come in contact with. Ms. Hall provided the audience with a number of flyers and brochures describing their various programs and services. For more information you can contact Ms. Hall at 202.727.6007.
Over-crowded Housing
Ms. Susan Parsons, who lives in the 100 block of C Street, S.E., stated that the house to her right has been an apartment building with 4 efficiency units upstairs and 1 laundry apartment on the ground floor. 18 months ago a church from Washington State (City Church) purchased the building located at 131 C. Street, S.E. and since that time they have been holding their bible services and other church activities from this residential location. Additionally, they are bringing in numerous different people all the time, which is creating a transient holding ground. However, in the last few weeks they have started to bring in interns resulting in them now having roughly 14 to 18 youngsters sleeping on bunk beds in the efficiency units as well as holding regularly scheduled singing and classes in the building. Ms. Parsons stated that she is concerned because this group is only the latest in a series of religious organizations that have moved onto their block where once they had families living. According to Ms. Parsons the students are being used to renovate the property and this is causing concerns in the neighborhood. The building is zoned R-4.
Commissioner Olson stated that there have been some problems with encroachments on the blocks around that area.
Commissioner Garrison asked Ms. Parsons if she had asked DCRA to take a look at the situation. Ms. Parsons responded that she had asked DCRA on two different occasions to take a look at the situation there, but nothing has been done.
Commissioner Glick suggested that Ms. Parsons call the fire marshal because with the number of people living in the space, it may be a fire hazard with overcrowding.
The Chair stated that since Commissioner Garrison, in whose SMD this property is located and is aware of the situation, he will continue to work on the problem.
Soccer Kick-Fence (Wall) Project Watkins School
Mr. Larry Kaufer, President of Sports on the Hill, stated he wanted to share with the Commission and the community his group’s proposal for a soccer kick-fence (wall) at Watkins Elementary School. Mr. Kaufer presented drawings of the proposed fence, which illustrated that the fence would utilize a perforated “see through” design. Mr. Kaufer also presented photographs with the proposed design superimposed into them to illustrate where it would be placed and how it would look once in position. The dimensions are 12 feet high and 40 feet wide, which means that it is 4 feet wider on each side and 4 feet higher than a full-size soccer goal. The purpose is to provide a place where kids or adults could kick balls at a hard surface, a valuable device to help with training and practice.
Mr. Kaufer stated that last summer they presented their proposal to the Commission last summer. Commissioner Will Hill, in whose SMD this project is located, and to all the major players involved, including the principal of Watkins School, and the local Recreational Director, Ron Hobbs. Mr. Hobbs’ staff was supportive with the provision that Mr. Kaufer’s group obtained an expression of “no objection” from the ANC and the neighborhood. However, the proposal got caught up in subsequent meetings with Mayor Fenty and Councilmember Wells involving other problems in the city and was not finalized. Therefore Mr. Kaufer is back before the Commission seeking its support in moving forward with the installation. The project will be financed with the group’s own funds as well as some grant monies and thus be completed at no cost to the city. The project also boarders on Commissioner Kirsten Oldenburg’s SMD and she is now also involved in the discussion.
Mr. Mike Barrett, whose son attends Watkins, stood and expressed his full support for the project and presented the Commission with a petition with the names of 20 residents who supported the installation of the kick fence (wall). Mr. Barrett stated that they are still working to get more signatures on the petition in support of the project and are confident more people will sign it. Mr. Barrett stated they spoke with 22 residents about the wall and 2 had expressed concerns for the potential of someone hiding behind the wall. However, after they learned it was a “see through” design and no one would be able to hide behind it they became supportive of the kick fence. Two other residents stated they were not sure they wanted the ANC to make a ruling on it, but they were not against it.
Commissioner Oldenburg stated she distributed flyers to all houses on the 1200 block of E Street SE, which face the playground area, asking for residents’ opinions on the matter and urging those with concerns to attend the ANC meeting.
Mr. Rob Bergman, who lives at 1250 D Street, stood and stated he lives directly across from where the kick fence is to be installed and he would welcome it and the increase in activity at the park.
Commissioner Oldenburg offered a resolution stating that the Commission has no opposition to the installation of the soccer fence (wall) at Watkins Elementary School. The motion was seconded by Commissioner Wright.
Commissioner Garrison then stated he had some questions since the proposal had changed somewhat from what was originally proposed last year, although it did appear that the changes were for the good.
Commissioner Jarboe stated that, regarding the original proposal, there were some concerns raised by some neighbors on the E Street side of the project and the Commission had asked that those issues be addressed. As a result, the Mayor and Councilmember Wells held a meeting at Watkins about a whole set of issues and since that time the Commission has gotten indications of support from those same neighbors who had previously had opposition. Therefore, he understood Commissioner Garrison’s desire to ask some questions about the matter, which he would support, but he did not see the need to delay the matter another month.
Commissioner Oldenburg stated she had spoken that afternoon with Peter Thiel, who is one of the residents who came to the ANC meeting when the proposal was first presented. He told her he had concerns at that time.. However, after meeting with the Sports on the Hill people in the hallway after their ANC presentation, all his concerns were in fact resolved and he did not raise any new issues at this time.
Mr. Barrett stated that Commissioner Garrison had referred to the design as having been changed, but in fact it has not. In their prior discussions of the design, the structure was referred to as a “kick wall” when in fact it was a “kick fence”. Mr. Barrett continued by stating that it was the confusion about it being a wall and not a fence that created the fear of someone hiding behind it. Once people were able to see the actual fence design those concerns were removed. The design can be seen by visiting www.washingtonsoccerclub.org.
Commissioner Garrison asked what type of material was the fence made of and how would the ball bounce off it? Mr. Barrett responded that it was made of steel that is about an 1/8 of an inch thick and the vertical steel posts will be in the ground about 3 feet deep. Commissioner Garrison then asked if they had seen this type of material in a demonstration. Mr. Barrett responded they had not but based upon their consultation with their architect they believed this is the best material for providing the desired performance results and visibility safety. Commissioner Garrison asked about the amount of noise (sound) that would be generated by using this new technology and its affect on the neighbors across the street from the fence. Mr. Barrett stated that he was not sure since they have not seen it in actual use.
Commissioner Olson stated that since there are children who currently are in the playground area playing soccer and basketball, she didn’t think the noise would be any greater. She continued by saying that the original concern was about someone being able to hide behind the “wall” and since it will be a “see through” fence, she believed this fact would remove this concern.
Commissioner Green stated another issue was that the installation would be turned over to DCRA for maintenance, which is also responsible for maintaining the property across the street from the playground area. Commissioner Jarboe stated that Parks and Recreation is the one who would be responsible for maintenance. Mr. Barrett stated the only issue he could see would be when the fence would need to be repainted, and his group would be responsible for taking care of that.
Commissioner Garrison expressed his concern to the Commission that this matter had come up via the Community Speak-out portion of the meeting and as such was not formally on the Commission’s agenda and thus had not been processed through the Planning and Zoning Committee as would normally have been done to an item of this sort. Commissioner Garrison noted that the process the Commission follows during the conduct of the Community Speak-out segment of its meetings makes it hard to delve fully into such issues. Commissioner Garrison said that while he was in support of the project as now proposed, he would abstain from voting in protest of the process under which the matter was being considered.
Commissioner Jarboe called for question on the matter. The Chair then asked all in favor of the resolution to raise their hands. The vote was 6-0-2.
Community and Commission Announcements
33rd Marine Corps Marathon
Mr. Bret Schmidt, Operations Manager; Ms. Meghan McGarvey, Operations Assistant; and Mrs. Tami Faram, Community Relations with the Marine Corps Marathon were present to make their presentation. Mr. Schmidt stated the marathon will be held Sunday, October 26, 2008, and it will not impact ANC 6B in anyway. However, they will be using the DC Armory and he wanted to provide the Commission and community with a few details regarding its use. The Armory will be used for their Health and Fitness Expo and will be held on Thursday, October 23rd from 3:00 p.m. until 8:00 p.m.; Friday from 10:00 a.m. until 8:00 p.m.; and Saturday from 9:00 a.m. until 7:00 p.m. They expect approximately 100,000 people to visit the armory. None of the streets around the armory will be closed. They will be using Lot 3 across from the armory for parking and MPD officers will be present to direct traffic. The general public is invited to attend the expo and purchase items. Mr. Schmidt provided the Commissioners and community with a handout detailing the marathon.
Neighborhood Walk
Commissioner Green announced that on March 12, 2008, Councilmember Tommy Wells will host a Neighborhood Walk. The walk will start at 6:30 p.m. from the corner Pennsylvania Avenue and near Jenkins Row and all interested parties are invited to come join in.
Presentations
Schoolyard Greening Program – Tessa Muehllehner, Brent Elementary School
Mrs. Muehllehner, a resident of ANC 6B, stated she wanted to provide the Commissioners and community with some background information on Brent Elementary School and how it fits in with the other schools in the area. Also accompanying her was Ms. Barbara Rich, who is with the American Legions, and is supports of their efforts.
Mrs. Muehllehner stated there are 3 elementary schools in ANC 6B; Tyler, Brent, and Payne. Each school has approximately 250 students. None of the schools is operating at capacity. There is one middle school in 6B, which is Watkins School. Brent School is working with the Capitol Hill Public School Parents Organization, which is comprised of representatives from all the public schools on Capitol Hill. They are working on issues concerning feeder patterns, boundaries, and the library project in the area.
Over the past 3 years their Green Project has worked with the volunteers and organizations on the Hill to secure funding to put in flower and vegetable gardens and trees at the schools. However all of these projects are small because of the limited green space available on school grounds, areas generally to which the children do not have access during the day. Most of the time, while outside, the students are playing on the playground. The group has recently started working with a firm on 8th Street to help design a new schoolyard so that they can increase the learning opportunities and experiences for the children when they are outside the building. The mission is to get the community and school to come together on what would be best for achieving their objectives.
Mrs. Muehllehner presented the Commissioner with two conceptual drawings and asked for its input. They have already met with DCPS Facilities to get their initial input on their designs and they are aiming to begin construction during the summer of 2009.
Commissioner Campbell stated he had some concerns about their plans in regards to the potential of shrinking the available playground area for students during the recess period. Mrs. Muehllehner responded that maximizing the open space was definitely an issue because everyone wanted to keep it open for kickball and football games. One of the designs is to place a track area around the entire play area and to put the play ground equipment off to the side. They are also considering using things like the kickfence or other things to separate the play area. Mrs. Muehllehner added that they are very early in the planning phase and Commissioner Campbell’s concern is one that has been voiced by others. This is one of the reasons they are seeking community input on the project.
The Chair commented that she thought it would be an excellent idea if this matter was referred to the Planning and Zoning Committee for further discussions.
Commissioner Jarboe asked Mrs. Muehllehner if she thought they were at a stage were this would be beneficial. Mrs. Muehllehner responded that they currently have two conceptual designs and hopes these designs will allow them to get greater input on exactly how they should proceed. However, she would like to have the opportunity to identify issues and or concerns so they could start attempting to address them in their future plans.
The Chair stated that Brent is in her SMD and she believes the matter should be brought before the Planning and Zoning Committee for a more detailed evaluation. The Chair asked Mrs. Muehllehner to contact her and they would make arrangements to put this matter on the April or May Planning and Zoning Committee agenda.
Grants Program – Office of the State Superintendent of Education – Robyn Carey, Office of Federal Grants Program Manager
Ms. Robyn Carey stated the purpose of her presentation was to make the community aware of some the resources that are available to parents from the Office of the State Superintendent through 2009. Ms. Carey provided everyone with a handout that briefly described “NCLB – What Parents Need to Know.” Ms. Carey stated that last year they held a Parental Involvement Conference and it was poorly attended because of conflicting schedules for events that were already planned by other organizations. Therefore, they made the decision to come to each ANC to make the community aware of the various programs they offered and to secure support in directing her agency in getting their message out to the public.
Ms. Carey stated that all of their programs conform to the No Child Left Behind Act. Additionally, Ms. Carey stated that in order to improve the education of students it is imperative that there be parental involvement in the total educational process. Likewise, the parents should have a commitment from the school system stating exactly what should be expected from them as educators. Ms. Carey strongly encouraged each parent to get actively involved in their child(s) education. If parents are not sure as to how best to become involved, Mrs. Muehllehner invited anyone having questions or comments to contact her directly at 202.741.6486 or by email at robyn.carey@dc.gov and she would be more than happy to assist them.
Commissioner Jarboe suggested that Mrs. Muehllehner contact Mothers on the Hill as an outstanding group to assist her in getting her message out to parents.
G Street Acquisition – Historic Congressional Cemetery
Patrick Crowley, Chair; Congressional Cemetery, stated the cemetery has been in operation for over 200 years. The cemetery is land-locked on 32 acres with 30,000 sites and 5,000 available burial spaces, and is running out of space. Mr. Crowley stated the Cemetery is seeking the Commission’s support to close G Street SE between 20th and 23rd Streets and turn it over to Congressional Cemetery for its use. Mr. Crowley displayed a diagram of the area in question and illustrated that G Street is not now being used as a city street and is totally within the cemetery fence line. Additionally, there is no residential or commercial property adjacent to it, except the DC Jail. The right-of-way is 100 feet wide and has never been used for anything. The cemetery acquired the property back in 1830 or 1840 and has been maintaining the property (this section of G Street) ever since for the city.
Congressional Cemetery is proposing to close the right-of-way and push the fence, which is right along the existing street, back about 40 feet to the north boundary of G Street. Mr. Crowley stated there is a hill adjacent to the fence area and they would like to cut into the hill and create columbarium sites, which will allow them to continue to be of service to the residents of the city for approximate 100 more years.
The Chair asked Mr. Crowley where the Cemetery was in the process of acquiring the street property. Mr. Crowley responded that they had put a proposal into the DC Surveyors Office. The request has gone through all of the city agencies that needed to be checked with and they have all signed off with no objections. The last step is for the Surveyors Office to make a proposal to the City Council. They still need to talk with the City Jail to see what their thoughts are on the plan. Once this is done they will go to the City Council for their decision.
Commissioner Garrison stated he was of the opinion that the street closing was a major issue and that the Commission should have more time to consider the plans. He said the Commission needed time to visit the site and to allow the community have input on the issue before making a decision on this matter.
Commissioner Jarboe pointed out that this was only a presentation and no resolution has been made regarding this issue yet. Additionally, the Commission should wait until the presentation is complete and the questions are answered completely, then the Commission can refer this matter to the Planning and Zoning Committee, if it is appropriate.
The Chair asked Mr. Crowley if he was expecting a recommendation from the Commission.
Mr. Crowley responded they would be seeking the support of the Commission for their proposal to the DC Surveyors Office. However, it does not have to be done immediately and he would be more than happy to provide the Commissioners with a tour of the property and to set down and discuss their plans in more detail.
The Chair asked Commissioner Garrison if he would like to have the matter referred back to the Planning and Zoning Committee.
Commissioner Garrison responded that he would.
Commissioner Campbell asked Mr. Crowley if it would be possible in the next couple of weeks for the Commissioners to come by to take a tour of the property and to review their plans. Mr. Crowley responded that next week would not be good for his schedule, but the following week would be fine. Commissioner Campbell followed up by stating that one of the Commissioners would contact him to make the necessary arrangements.
Commissioner Jarboe added that this will not only go before the Surveyors Office, but it will also be an action before the City Council and thus will have to come back before the Commission.
ABC Committee
The Chair turned the meeting over to Commission Jarboe who served at the Acting Chair of the ABC Committee in the absence of both the Chair and Vice Chair.
Commissioner Jarboe made the following ABC report:
Café Bistro Med, LLC (Café 8) 424 8th Street, SE, Lic. # 77797 – Substantial change to operations, adding Monday and Tuesday 8 a.m. – 11 p.m. and Sunday 11 a.m. – 11 p.m.
Turan Tombul, owner and Jordan Davidowitz Chef of Café 8 are requesting a permanent change in hours. Under the previous license, transferred from Ellington’s on 8th, the establishment was closed on Monday and Tuesday and closed in the afternoon on Sundays. The owners of Café 8 wish to remain open those days until 11 pm, their standard closing time. The ANC reviewed this change under the request for a stipulated license at its December 11, 2007 meeting and voted to support the change on a stipulated basis. Café 8 also executed a Cooperative (Voluntary) Agreement at that time. Since then, no complaints about the operation of Café 8 have arisen, and no Commissioners or members of the public raised any complaints or concerns at the meeting. Therefore, the Committee recommends that the full ANC support this application.
The Chair asked the owners if there was any new information regarding their application. There was none.
The Chair stated this comes as a recommendation from the Committee needing no motion or second. The Chair asked all in favor of the recommendation to raise their hands. The vote was unanimous (8-0).
Zack’s Inc., (Taverna the Greek Island) 305 and 307 Pennsylvania Avenue, SE – Substantial change to operations, change hours of operations and sale alcoholic beverages (Sunday 11 a.m. – 5 p.m.; Monday thru Thursday 11 a.m. – 2 a.m. and Friday and Saturday 11 a.m. – 3 a.m., and entertainment endorsement (Monday thru Thursday 8 p.m. – 2 a.m.; Friday and Saturday 8 p.m. – 3 a.m.), dancing and cover charge
James Nash, partner, appeared before the Committee representing Zack’s. Zack’s, doing business as Taverna the Greek Island, is requesting an extension of hours and an entertainment endorsement to allow live music, including dancing and cover charge. Mr. Nash explained that it was their hope to feature music upstairs on Saturday and occasionally Fridays, with karaoke on Wednesdays. They would also like to have occasional live piano music downstairs. Cover would be charged only occasionally, as they would most likely attract local bands rather than bands that would require a cover charge. Music (other than the piano) would be restricted to the upstairs west half of the building. A small dance floor would also be installed. Bands would set up at the front of the building. The back of the room contains a hallway and the rest rooms, providing a sound break for any neighbors out the back. There are residents across an access way (not a full alley) in the back. No comments have been received by the residents, although the management of Zack’s has not made specific contact with the neighbors either.
Zack’s (Taverna the Greek Island) would continue as a CR – restaurant license. Mr. Nash stated that the primary business of the establishment will continue to be a restaurant and that they do not want the music to interfere with the dining. As a CR license, they will continue to be required to meet the food sales requirement and to keep the kitchen open until two hours before closing.
The ANC has long standing concerns over restaurants masquerading as nightclubs. At first sight, this application raises some of these concerns. However, after further discussion with the applicant, the Committee believes that the application can be modified by a cooperative agreement that will prevent the expansion of permitted entertainment activities into a nightclub. The Committee also notes that at least one other establishment on this block of Pennsylvania Ave has the ability to provide music.
Therefore the Committee recommends that the ANC not oppose this application provided that the applicant agrees to a cooperative agreement that includes the following conditions:
a. Picking up trash, including beverage bottles and cans, on a daily basis; and,
b. Sweeping the outside of the establishment on a daily basis; and,
c. Taking due diligence to prevent vermin infestation in and around the establishment, including following the recommendations and guidelines of the Vector Control Division of the Department of Public Works.
The Chair asked if any representatives of Zack’s were present. Mr. Nash was present.
Commissioner Jarboe stated Commissioners had expressed concerns about nightclubs coming into the neighborhood but that he was of the opinion there are two good reasons for not opposing this application. The first is that the space is very restrained to a small space upstairs, which is about 45 feet by 16 feet. When the band and dance floor space is taken out, what remains is a very small space. Both sides of the upstairs are limited to an occupancy total of 76. Second, the space cannot be expanded. The upstairs is two buildings wide and there is a brick wall between the two portions, which means that any future owner can not come in and knock the walls out and turn the whole space into a nightclub club space. Additionally, in the proposed Voluntary Agreement, it specifically limits the size of the upstairs space. Zack’s is located in an area that already has a lot of bars and restaurants, and is not located near a residential area. Enabling 50 people in the 200 or 300 block of Pennsylvania Avenue on Friday or Saturday night to listen to music does not seem like it would be a problem for the area. Commissioner Jarboe concluded by saying that he is not recommending that the Commission support this. Instead he proposes that the Commission’s position be that it is not opposed to the application because it does not want to give anyone the impression that it is inviting others to come into the area with nightclubs.
The Chair asked Mr. Nash if he had any new information to offer. Mr. Nash did not, other than the appreciation for the Commission in working with them in on this matter.
The Chair asked Mr. Nash if he had reviewed the Cooperative (Voluntary) Agreement. Mr. Nash responded that he had and was 100% willing to sign it.
The Chair stated that this comes as a recommendation from the Committee needing no motion or second. The Chair then asked all in favor of the recommendation to raise their hands. The vote was unanimous (8-0). Commissioner Garrison thanked Commissioner Jarboe for his careful, thorough work in getting this proposal ready for the Commission’s consideration.
Planning and Zoning Committee
HPA # 08-112, 612 E Street, SE – Rear addition – New drawing
Mr. Rob Bergman, the owner, presented the Commissioners with copies of his revised plans for the project. Mr. Bergman stated his initial plans have been modified in response to his neighbor’s concerns and he believes the plans will meet with everyone’s approval. The garage situation that previously was a problem was addressed at HPRB last week. HPRB concluded that the garage was not a contributing structure and there was a good possibility that the structure could be razed. However, Mr. Bergman stated that they were not proposing the razing because they feel the garage will become an asset and more of a decorative piece of artwork with landscaped garden in the rear as well as continue to provide an access point to the property from South Carolina Avenue. To discourage parking in the driveway they will have two brick treads with some type of grass or stone with landscape behind either side of it. Mr. Bergman stated the garage doors will be salvaged and will be flipped around to slide to either side of the opening. The proposal is to restore the garage as much as possible in exchange for removing about 2/3 of the roof. Based upon their architectural sightlines the roof would basically disappear from the view line, which is the approach the HPRB staff would most likely support.
The Chair stated that HPRB, after working with the owner and neighbors to revise the plans, recommended that the owner come back before the Commission for its review and analysis of the new plans. The Chair stated that Commissioner Garrison was very instrumental in setting up a mediation session with the neighbors and the owner. Tom Hamilton, a Commissioner from ANC 6C, assisted the parties in reaching agreement regarding the size of addition that would be acceptable to all involved. This included taking off 2/3 of the garage roof with the pitched garage roof and maintaining the garage doors. Therefore, the garage would not need to be a razed. Additionally, it is the Chair’s understanding that with these changes the lot occupancy comes up to just about 60%. Mr. Bergman responded that she was correct.
The Chair asked if there were any comments from any neighbors.
Elizabeth Wilcox, who is the owner of 614 E Street, SE, stated that she and her neighbors at 610 E Street SE, met with Mr. Bergman last week. The meeting was very productive. They came to an agreement that the addition could be 54 feet on the east side and 51.6 feet on the west side. There will be two Juliet balconies instead of the original large balconies, which will address privacy, light and air issues. Ms. Wilcox concluded by saying that they are pleased to have an agreement and to have Mr. Bergman as a neighbor.
Commissioner Garrison expressed his concerns regarding the idea of removing a portion of the garage roof simply to get within lot occupancy requirement. He remains worried that this case could serve as a bad precedent the Commission should not encourage such action as a general proposition. Commissioner Garrison went on to say that he was not saying that the Commission should not support the project, but he is still uncomfortable about the entire approach being used.
Commissioner Garrison asked if CHRS had approved the alternative proposal. Mr. Bergman responded that they had not. Mr. Bergman then stated that it was not his original intent to try to get around the zoning issue by removing a portion of the roof. It was a suggestion made by the previous owners and not him. Mr. Bergman then added it would be easier and cheaper for him to simply raze the garage, but he believes it has more value to the neighborhood by remaining. Commissioner Garrison asked if he was not correct in stating that the purpose for removing a portion of the garage roof was to allow for the 60% lot occupancy calculations.
Commissioner Jarboe stated that his understanding is that in order to get within the 60% lot occupancy a portion of the garage roof would have to be removed. Commissioner Jarboe added that the tradeoff the Commission face would be keeping a portion of the garage or totally losing the garage.
The Chair made the motion that, although the ANC still has concerns about the idea of removing a portion of a garage roof to obtain more lot occupancy to expand the house, ,because the neighbors have reached agreement with the applicant, the ANC not oppose this application before HPRB. The motion was seconded by Commissioner Wright.
The Chair then asked all in favor of the motion to raise their hands. The vote was 7-1.
Commissioner Garrison expressed his deep appreciation for the assistance of Commissioner Tom Hamilton in helping to negotiate a positive outcome of this case. Commissioner Garrison then made the motion that the Chair send a note to Tom Hamilton as well as the Chair of ANC 6C thanking them for Tom’s time and support on behalf of all the Commissioners of ANC 6B. The motion was seconded by Commissioner Jarboe.
The Chair asked all in favor of the motion to raise their hands. The vote was unanimous (8-0).
Eastern Market Committee
The Chair turned the meeting over to Commissioner Jarboe to make the February 27 Committee report and subsequent activities. Commissioner Jarboe stated the first item is the ratification of the following action:
ANC 6B comments on draft RFP for Management of Eastern Market
The following is a list of recommendations and changes, as approved by the ANC 6B Executive Committee on February 26, 2008:
As a result of the public comments at the Executive Committee, the ANC would also like to query EMCAC and OPM as to the selection process. Specifically, will there be public presentations by the bidders?
The Chair then stated that ratification of the Executive Committee’s comments comes as a motion needing no second. The Chair then asked all in favor of the motion to raise their hand. The vote was unanimous (8-0).
Commissioner Jarboe continued with his report. The South Hall roof work is continuing. It is slightly behind schedule because of damage to one of the pieces. Completion is expected in mid-May. Window fabrication is also proceeding with installation to begin after all the approvals—mock up windows will be put in place in the North Hall shortly on the 7th Street side for inspection.
The main renovation contract is expected to be awarded mid-March. Given the size of the contract, Council approval may be required. No decision has yet been made as to whether the North Hall roof will be part of that contract or an add-on to the South Hall roof work.
All comments have now been received by OPM, who is drafting the final RFP. The RFP is schedule to be released later this month. The ANC’s recommendations on the RFP were forwarded to OPM, per the decision of the Executive Committee. Per DC laws, these recommendations must be given “great weight” by OPM.
EMCAC had a long and productive discussion of the RFP with a number of refinements suggested, including a broadening of the experiences needed by the market manager to cover all aspects of the market activities and a greater stress on the need for financial transparency and budgetary viability. The EMCAC also stress the use of the term “unified management” rather than “universal management”. Many of the changes tracked the ANC’s concerns, including the need for a specific length of the management contract and an evaluation process. EMCAC incorporated many of the ANC’s recommendations into their recommendations. There were two areas of recommendation that they declined to accept. The first was the need for a threshold criterion of accepting the legislation’s vision for the market. EMCAC felt that the clause on OPM’s reservation of rights was sufficient to ensure that the legislation was followed. The second was the incorporation of the consultant’s report and list of market objectives. EMCAC felt that consultant’s report was not necessarily the final view on these matters. They thought that allowing the applicants to propose their own criteria will give important insight into the priorities and views of the applicant and that the consultants report represents the standard by which the applicant's response is judged.
One major suggested change was to the scoring criteria – which was the most discussed item in the RFP. The original separate criteria of “experience” and “proposal team” (with 20 points each) were collapsed into one criterion of “Management entity Experience with Market and Property Management” with 40 points. “Responsiveness to RFP” was dropped and “Financial Plan was substituted for “Fee proposal” and given a total weight of 20 points. “Scope of Work” remains at 30 points and “Minority participation” at 10 points. There was a suggestion to raise the weight of “Financial Plan” versus “Experience” but this was dropped after much discussion.
EMCAC also passed four resolutions:
To move the trash handling area--with a cardboard baler, a compactor, and associated equipment across the driveway on to the Natatorium (Aquatic Center) grounds as part of the repairs to the Natatorium. This is consistent with previous ECMAC suggestions for the west side of the building.
To request additional studies of the interior lighting, including the installation of dimmers.
To once again ask for input on the 7th Street Streetscape, including the issue of general street lighting on North Carolina Ave at the North Plaza. Note that the ANC has consistently called for general purpose street lighting at the North Plaza.
On the Hine site:
Whereas the Saturday and Sunday flea markets are an important part of the historic character and fabric of Eastern Market, and
Whereas the flea markets are an important part of the overall business economy of the Market and 7th Street,
Whereas, the Hine property continues to be the site of Saturday and Sunday flea market vending
Therefore be it resolved that EMCAC calls on the District government to begin a community planning process for the future use of the Hine site
Be it further resolved that any future use match the scale and character of the surrounding neighborhood. Especially Eastern Market and that any development proposal should include:
ˇ One or two levels of underground of parking for residential and commercial weekend parking at Eastern Market
ˇ Plan for an outdoor area for craft vendors, food vendors and flea market.
During the discussion, both the ANC and the CHRS resolution were referenced. A suggestion to specifically incorporate the detailed points in the CHRS resolution was not agreed to.
Finally, Commissioner Jarboe noted that Market Day is scheduled for Sunday May 4. OPM is working through permitting issues. EMCAC will discuss further the issue of promoting Market Day and whether to use this as an opportunity for a spring kick-off promotion.
Approval of Minutes
Commissioner Garrison stated that the January and February minutes had been reviewed and approved and made the motion that the minutes be adopted as amended. The motion was seconded by Commissioner Glick.
The Chair asked all in favor of the motion to raise their hands. The vote was unanimous (8-0).
Adjournment
There was no further business and Commissioner Jarboe made the motion that the meeting be adjourned until its next meeting date of April 8, 2008. The motion was seconded, and the vote was 8 to 0.
Meeting Adjourned.
Prepared by Bert Randolph
Attested: