Email Exchange Between Councilmember Cheh and LRP Regarding West End

-----Original Message-----

From: Robin Diener [mailto:rdiener@savedclibraries.org]
Sent: Tuesday, July 10, 2007 3:51 PM
To: Cheh, Mary (COUNCIL)
Subject: Note from Ralph Nader

July 10, 2007

Dear Councilmember Cheh:

For the reasons outlined in the attached letter, I urge you to vote against the “Square 37 Excess Property Disposition Emergency Approval Resolution of 2007.” It is an unconscionable piece of legislation.

Respectfully yours,
Ralph Nader
Consumer Advocate and Founder, DC Library Renaissance Project
387-8034

-----Reply Message-----
Subject: RE: Note from Ralph Nader
Date: Wed, 18 Jul 2007 10:57:02 -0400
From: "Cheh, Mary (COUNCIL)"
To: "Robin Diener"

Dear Robin:

As you know, the Council voted 12-1on July 10th to begin the process to allow for the redevelopment of the West End Library and Fire Station into new mixed use projects, as well as the disposition of the soon-to-be-vacated MPD Special Operations Building at 23rd and L.

As I voted for the measure, I want to take this opportunity to explain the reasons. The Mayor sent the Emergency Resolution to the Council after deciding that it was in the best interest of the District to build a new West End Library and Fire Station within mixed-income residential
projects. The Resolution also called for all the costs for a new library and fire station to be borne by the Developer, along with affordable housing, in exchange for the city granting land rights above and around the public facilities for market rate housing. This redevelopment
was apparently one of Mayor Fenty’s 100 day goals.

Once this decision was made, it was clear that the unsolicited proposal made by EastBanc, which controls adjacent sites on Square 37, would give the city a greater ability to get more housing, in a more efficient project, designed to maximize public benefits, than could be delivered through a completive bidding process for just the District’s owned parcels.

There was a quickly scheduled Council public roundtable on the matter of the West End property dispositions held July 3rd. It was explained that the project moved so quickly through the Council because Eastbanc Inc. received a brief opportunity to complete the assembly of the other privately held parcels on the Square. This opportunity (to reach an
agreement that is satisfactory to the Tiverton Tenants Association and close on their property, as well as to finalize the contractual obligations for other property on the site) is set to expire prior to the end of the Council recess in September.

It is in the District’s best interest for this assembly to be completed by EastBanc because it makes the District’s property more valuable and because it increases the likelihood of a successful PUD application to build the new library in a mixed use building.

I have seen several misstatements of fact that I hope this letter will help clear up.

First, the city did not give the land away. It is selling the land for its full market value, and using a three-appraiser method to determine value. It is using this value to pay for a brand new Library and Fire Station, and a large number of affordable housing units.

Second, the West End Library is not being closed. Nor is the West End Fire Station. They are being replaced with a new library (either on site or within a block) and a new fire station at its existing location.

Third, the developer is not displacing the tenants in the rent controlled Tiverton Apartment Building. The Tiverton Tenants Association is the contract purchaser for their building and they are negotiating with EastBanc to
purchase the building with them. What becomes of the Tiverton is entirely the decision of the tenants. There is currently no plan to tear the Tiverton down, and under every proposal presented by EastBanc, Tiverton tenants who wish to continue to pay their current rents will be able to do so.

Fourth, this is not the last time the Council approves this
project, it is the first. The Resolution stipulates that the Council must approve the final Land Disposition Agreement and that the DC Public Library must approve the plans for the new library, that the DC Fire and EMS Department must approve the plans for the new fire station. Further, the Council must appropriate the funds for both these buildings and approve their use through a procurement bill.

Finally, this project is subject to a Planned Unit Development (PUD) approval from the Zoning
Commission which also requires a great deal of public engagement and scrutiny.

Having said all this I am not insensitive to the concerns raised by citizens about the speed with which this action was taken by the Mayor and Council. While I do not believe there was any intent to hide this project from the public, too few people in the broader community outside the West End knew that it was coming.

And, despite the fact that the letter of the law was followed, I would like to see the Mayor’s Office and Council ensure that on all future dispositions of this nature, the spirit of the law is followed as well. To me this means more public notice and input when a project is being discussed and before disposition decisions are made.

I look forward to an opportunity to look at the details of the project when it comes back to the Council to ensure that proper community input is being received in the facilities planning, and that the District is receiving everything promised in the Resolution.

Regards,
Mary Cheh

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