December 7, 2010 · 7:36 am

No Easy Answers on 8th Street Moratorium

by Larry Janezich

About 50 people attended a meeting of the ANC’s Special Retail Mix Task Force on Monday evening to hear from four commissioners representing three neighborhoods with moratoria or restaurant caps.  It was clear from the presentations that moratoria affect each of these neighborhoods differently.  Glover Park clearly supports a moratorium.  DuPont Circle and Adams Morgan have reservations.  One of the Adams Morgan commissioners admitted to being perceived as having an unsympathetic predisposition to moratoria.

Fred Moosaly, Alcoholic Beverage Regulation Administration (ABRA) Director, began the discussion by briefing on the moratorium issue.  Requests for a moratorium have to be made in writing – if not from the ANC then from a group of five citizens or an incorporated citizens’ group.  The Board wants to know the position of the ANC and is required to give “great weight” to that opinion.

Moratoria are issued in 600, 1200, or 1800 foot circles from a central location – often an ABC establishment.  There can be blocks exempted within the circle.  The request must state reasons – peace, order, noise, crime, littering, property values, parking, over concentration, etc.  The Board asks the opinion of the Council Member and the MPD and.  schedules a hearing.  It receives testimony from stakeholders and then makes a decision.  If approved, the moratorium goes to the City Council for approval.  If approved there, it goes into effect.  Moratoria are generally for five years, but the Board can make it three.  A moratorium is not in place forever.  Neighborhoods change and the issue can be revisited.  After two years, a moratorium may be tweaked by the ANC.  The entire process may take several months or longer.

Jack Jacobson, ANC Commissioner from DuPont Circle, noted that their moratorium had been divisive for the community, galvanizing hardliners on both sides.  Some people think vacant buildings are caused by the moratorium.  He thinks there are better ways to accomplish the goals the moratorium seeks.  It is impossible to say whether empty store fronts are caused by the moratorium or high rents.  Opponents of the moratorium say that 17th street is not welcoming to business.

Jackie Blumenthal, Commissioner from Glover Park, said a moratorium had worked well for them, limiting the influx of ABC establishments overflowing from Georgetown,  and that they had not had contentious problems.  The ANC will ask for a renewal.  The moratorium didn’t seem to have an effect on retail until businesses left.  But there is no way to prove whether empty buildings are due to the moratorium, high rent expectations of landlords, or poor choice of location by retailers.  Their ANC recruited a highly desirable business and were surprised when they ran up against landlords’ prohibitively high rent expectations.

Mindy Moretti and Bryan Weaver, Commissioners from Adams Morgan, urged proceeding carefully on a moratorium and urged emphasizing compliance with existing license restrictions and working with “good” operators to control problems..  They thought that there are tools available to shape the business mix without necessarily imposing a moratorium.  They said that the current 20 percent of businesses on Barracks Row serving alcohol “sounds ideal.”

Participants noted that Georgetown has just renewed their moratorium for five years and that H Street, NE, has decided not to pursue a moratorium.

The panel seemed to be in agreement that it is necessary to determine the real reason for seeking a moratorium and to figure out what it is you are trying to accomplish:  to stop growth, slow it, or change its direction.

If the reason for the moratorium is noise, peace, and order issues, some panelists suggested it might be better to impose a moratorium on nightclubs and taverns and work with the MPD.  In addition, ANCs can limit the time an establishment is open and limit the kinds of licenses which can be applied for.  They can impose a limited moratorium, stopping new establishments on one block and exempting other blocks.  ANC’s can establish guidelines on what they will accept from a bar or restaurant in terms of noise, hours, and outdoor seating.  The ANC can work with owners to encourage patron responsibility.

If the reason for a moratorium is to change the business mix to attract retail, panelists suggested it might be better to find a way to reduce rents.  One way to do this would be to work with Councilmembers to establish a business enterprise zone and get tax credits for new businesses and for landlords who support new business, instead of the tax deferments which is the city’s current conventional approach to the problem.  .

Chuck Berger, representing CHAMPS, emphasized that the issue was not a matter of licenses, but of usage and supported the idea of ANC guidelines for ABC establishments rather than a moratorium.

There was consensus that it is essential to involve the community, particularly with community meetings.

The Retail Task Force will meet again next Monday to decide what to do next.  It’s possible they will issue a preliminary report to the ANC in February.

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December 3, 2010 · 9:27 pm

Update on ANC Executive Committee Meeting 11-30-10

The ANC Executive Committee met on Tuesday, night, November 30.

by Larry Janezich

ANC Commissioners present:  Chairman Garrison, Commissioners Campbell, Glick, Green, Jarboe, Oldenburg, Patterson.

Others:  Commissioners-elect Frishberg, Pate; EMMCA Secretary Janezich.

Commissioners agreed on the agenda for the next ANC meeting on December 14.  That agenda can be viewed on the ANC6b website under “Next Meeting.” http://www.anc6b.org/nextmeet.html

There are several items on the agenda of interest to residents.

New liquor licenses for Barracks Row establishments

A Special Call Meeting of the ANC has been scheduled to consider licensing for the 8th Street Bar and Grill, at 727 8th Street.  The license application has garnered considerable opposition from neighbors adjacent to Barracks Row.  The meeting will be held on December 9 at the Southeast Library at 6:00pm, and will precede the regularly scheduled ANC ABC Committee meeting at the same location.

That ABC Committee meeting will consider a new license application licenses for Pacifico at 514 8th Street, and Bavarian Beer Garden, at 720 L Street.  Details on these applications can be found under “Next Meeting” on the ANC6b website.

Marathon planning

The Commission will hear a presentation from representatives of the 2011 National Marathon Race and the 2011 Cupid Undie Run.  Recently, affected ANC’s have undertaken to minimize the street closings and disruptions in traffic flow occasioned by these races.

Lower 8th Street Vision Process

The Commission will hear a presentation from the Michael Stevens, Executive Director, Capitol Riverfront BID, on the Lower 8th Street Vision Process Report to the DC Office of Planning.  He is seeking a letter of support from the ANC.

The Maples

The Maples, the new condo complex replacing Friendship House, is coming before the Commission as part of the historic preservation review process for their project.

Issues not on the agenda, but discussed by Commissioners:

Reform of ANC procedures

Commissioner Green brought up the list of issues raised by Barbara Riehle at the past two ANC meetings during public speak out.

Chairman Garrison said that he was not going to bring any of them up, but if any individual commissioner would like to, he would be glad to hear them.

Commissioner Green cited four of Ms. Riehle’s points.

1)  Posting the time and location of the Executive Committee meetings.

Chairman Garrison replied that this had been done, and that information is currently posted on the ANC6b website.

2)  Posting reports concerning ANC business prior to meetings.

Chairman Garrison said he had been “fussing” with this for some time, and hoped that a process for posting information would be in place prior to the December meeting.

3)  Recording committee meetings.

Chairman Garrison replied that this would be easier if the ANC had better equipment.  He said he was thinking about this issue but needed time to sort it through.

Commissioner Oldenberg said that she did not see the rational – “we have a report.”

4)  Recording the votes of individual commissioners for the minutes.

Commissioner Oldenburg responded that with the November minutes, she has started listing by name, those commissioners who dissent or abstain.  “By the process of elimination, you can tell who voted for” (an issue).

Chairman Garrison noted that they were not trying to be obscure.

(Editor’s note:  EMMCA website editors believe residents should easily be able to see exactly how commissioners voted.  To that end, EMMCA will record in its summaries of ANC meetings how each commissioner voted and post the summaries on the EMMCA website within a day or so of the meeting.)

Possible move of ANC6b Office

The Executive Committee discussed the possibility of moving the ANC6b office to a less expensive venue.  ANC6b currently pays BRMA head Tip Tipton $1800.00 a month for a 12X12 office and access to a small conference room.  One commissioner reported that a Councilmember was “shocked” to learn how much rent they were paying.  Incoming Commissioner Ivan Frishberg has informed the board of space available in a building which hosts non-profit organizations across from Brent school.  The rent would be some $450 a month for office space and access to a much larger conference room.

The consensus was that commissioners would take it upon themselves to view the proposed space, get what information they could from The Hill Center, look at the options, and report back at the next Executive Committee meeting.

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