Advisory Neighborhood Commission 6D

65 I St., SW

Washington, DC 20024

Proposed Minutes

December 12, 2005

Chair Andy Litsky called the meeting to order at 7:05 p.m.

Present: Commissioners Assalaam, Litsky, Moffatt, Siegel, Skolnik, Sobelsohn, and Williams

1. Agenda

Commissioner Sobelsohn made/Commissioner Moffatt seconded a motion to approve the agenda as proposed by the Chair.

Commissioner Williams moved to change the title of item #IX, “Presentation: Sale of Town Center Apartments to Park Inn,” to “Presentation: NCRC Sale of Land Under Town Center Apartments to Park Inn.” Without objection, the motion passed.

Commissioner Williams made/Commissioner Skolnik seconded a motion to move item #X, “Public Space Permit Application,” to just before item #VI, “Update: Baseball Stadium Traffic and Parking.” The motion passed, 7-0.

Commissioner Williams made/Commissioner Siegel seconded a motion to add, just after “Public Space Permit Application,” a new item, “Capper/Carrollsburg.” The motion passed, 6-0, with Commissioner Moffatt not voting.

Commissioner Assalaam made/Commissioner Williams seconded a motion to move up item #XI, “Presentation: Local Neighborhood Committee.” The motion failed, 3-4, with Commissioners Assalaam, Skolnik, and Williams voting yes, and Commissioners Litsky, Moffatt, Siegel, and Sobelsohn voting no.

Commissioner Assalaam made/Commissioner Williams seconded a motion to add a new item regarding a letter to the DC Office of the Attorney General. The motion failed, 3-4, with Commissioners Assalaam, Skolnik, and Williams voting yes, and Commissioners Litsky, Moffatt, Siegel, and Sobelsohn voting no.

The motion to approve the agenda, as amended, passed 5-2, with Commissioners Assalaam and Williams voting no.

2. Minutes of November 14 meeting

Commissioner Moffatt made/Commissioner Sobelsohn seconded a motion to approve the November 14 minutes as presented. The motion passed 5-1, with Commissioner Assalaam voting no and Commissioner Williams not voting.

3. Public-safety report

Commissioner Williams reported a homicide November 28 on the 1300 block of 1st St., SW; and the death December 8 of the mother of First District Commander Diane Groomes.

4. Capitol Gateway Overlay Amendments

Joel Lawson, of the DC Office of Planning, made a presentation about amendments to the Capitol Gateway Overlay District zoning regulations. The Overlay District covers the area including and between the Southeast Federal Center and Buzzards Point. These amendments, applicable to new construction only, would establish a Zoning Commission review process; require retail and entertainment uses along First and Half St., SE; and require a 15-foot setback along South Capitol St. Lawson expects a Zoning Commission hearing between January 9 and February 13, 2006.

5. Residential development projects

a. Capper/Carrollsburg

1) Second stage PUD

At its October 17 meeting, ANC 6D heard a presentation about the Arthur Capper/Carrollsburg redevelopment, currently underway in ANC 6D07. At its November 14 meeting, ANC 6D defeated, by a 4-3 vote, a motion to support Capper/Carrollsburg’s Second Stage Planned Unit Development and Modification (2SPUDMOD), scheduled for Zoning Commission consideration on Monday, December 19. At the ANC’s December 12 meeting, Paul Rowe of the DC Housing Authority promised to provide ANC 6D with copies of all written communications on the 2SPUDMOD with Capper/Carrollsburg residents. Commissioner Williams also reported on a December 8 Capper/Carrollsburg Residents Council meeting with herself, Rowe, and Commissioner Siegel.

Commissioner Williams moved to reconsider ANC 6D’s November 14 rejection of the motion to support Capper/Carrollsburg’s 2SPUDMOD. The Chair ruled the motion out of order. Commissioner Williams moved to rescind her November 14 vote against the motion to support Capper/Carrollsburg’s 2SPUDMOD. Commissioner Sobelsohn raised a point of order, and the motion was withdrawn. Commissioner Williams made/Commissioner Siegel seconded a motion to rescind the vote by which, at its November 14 meeting, ANC 6D defeated the motion to support Capper/Carrollsburg’s 2SPUDMOD. The motion to rescind passed, 5-1, with Commissioner Moffatt voting no and Commissioner Assalaam not voting. Commissioner Siegel made/Commissioner Sobelsohn seconded a motion to support the 2SPUDMOD. The motion to support passed, 5-1, with Commissioner Moffatt voting no and Commissioner Assalaam abstaining.

2) Public-space permit

Paul Rowe (Housing Authority) and John Ross (Torti Gallas & Partners,Inc.) made a presentation regarding a public-space permit application for the Senior I building, at 900 5th St., SE. The building is currently under construction as part of the Capper/Carrollsburg redevelopment project. Original plans had omitted space for an emergency electrical generator. The proposed emergency generator, with accompanying fuel tank, would go above grade on public space adjacent to and immediately in front of the building. Ross pledged to lock it in a fence resembling the building’s brickwork, making it “vision-proof” to passers-by.

Commissioner Williams made/Commissioner Sobelsohn seconded a motion to support the public-space permit. The motion passed 6-0, with Commissioner Moffatt abstaining.

b. Marina View Towers

Project architect Phil Esocoff, Andrew Montelli (Fairfield Residential), and Paul Tummonds (of Pillsbury Winthrop Shaw Pittman, representing Marina View Partners) made a presentation about redevelopment of Marina View Towers, 1000 and 1100 6th St., SW. Lea Adams, president of the Marina View Tenants Association, presented a series of as-yet unanswered questions about those plans and reported her association’s current opposition. In November 2004, through a partnership transfer and without notice to current tenants, Bressler sold the property to Fairfield Residential. In recent months, according to Adams, Fairfield has reduced services and refused lease renewals. Nearly a third of the apartments are now vacant. Fairfield proposes to renovate the existing two buildings, construct underground parking, and replace current surface parking lots with two new buildings. Montelli and Tummonds pledged to work and communicate regularly with members of the tenants association. Tummonds expects a Zoning Commission hearing on his client’s Planned Unit Development on or after May 2006.

c. Town Center

RLA Revitalization Corp. (RLARC, a subsidiary of the National Capital Revitalization Corp. (NCRC)) proposes to sell the land under the Town Center apartments, 1001 and 1101 3d St., SW, to Park Inn Associates. Park Inn and Peak Corp., in partnership with the Town Center Tenants Association (TCTA), plan to convert the two buildings into condominiums. Jennifer Budoff (NCRC), Brian Barlia (Peak Corp.), and Afifa Klouj (TCTA) urged support for the sale. According to Klouj, tenants who moved out received $15-30,000 to yield their conversion rights. Those still living in the buildings can get guaranteed loans to buy their units at 30-50% discounts from the market rate; or they can continue renting at their existing rent. According to Barlia, RLARC and NCRC currently lease the land to Park Inn at a rent of $20,000 annually. The lease runs another 52 more years. To purchase the land, Park Inn would pay $1.1 million at closing, plus between $2 and 4 million in “participation payments.” Budoff pledged that the land-disposition agreement will include a copy of the contract between Park Inn and TCTA.

RLARC will hold a public hearing on the proposal on January 19, 2006. Budoff pledged that RLARC will accept ANC comments up to the day of the hearing. Commissioner Williams made/Commissioner Skolnik seconded a motion to postpone, until the ANC's January 9, 2006 meeting, consideration of the Town Center land sale to Park Inn Associates. The motion failed, 3-4, with Commissioners Assalaam, Skolnik, and Williams voting yes, and Commissioners Litsky, Moffatt, Siegel, and Sobelsohn voting no. Commissioner Sobelsohn made/Commissioner Moffatt seconded a motion to support the Town Center land sale to Park Inn Associates. The motion failed, 2-4, with Commissioners Siegel and Sobelsohn voting yes, Commissioners Assalaam, Litsky, Skolnik, and Williams voting no, and Commissioner Moffatt abstaining.

6. Transportation planning

Commissioner Sobelsohn moved that the ANC take a ten-minute recess. The motion failed for want of a second.

Kathleen Linehan (Deputy Chief Engineer) of the District Department of Transportation (DDOT and Anne Hassoun (Anacostia Waterfront Initiative) made a presentation about transportation planning in ANC 6D.

a. Master plan

Hassoun distributed copies of DDOT’s Anacostia Waterfront Transportation Master Plan (September 2005). She pledged to place DDOT’s mobility study on the DDOT website by the end of December 2005. The mobility study will explain how DDOT’s process relates to expected ANC 6D land-use changes.

b. Proposed baseball stadium

Linehan reported that the stadium budget still includes $11 million for upgrading surfaces at 1st St., N St., and Potomac Ave., SE. She pledged that DDOT inspectors would help enforce stadium construction-contract provisions prohibiting and providing penalties for sending construction trucks on residential streets. After the stadium opens, during stadium events DDOT plans to close N St. west of So. Capitol St.

c. Douglass Bridge/South Capitol St.

Linehan reported that rehabilitation work on the Frederick Douglass Bridge--designed to make the bridge safe through 2016--will begin in March or April 2006. Linehan also reported DDOT plans, during summer 2006, to remove the Jersey barriers on South Capitol St. at N St., and install a pedestrian crossing and traffic light at that intersection.

d. Waterside Mall

Linehan reported that, pending financing, DDOT plans by October 2006 to start reopening 4th St., SW (now blocked by the Waterside Mall). She pledged by March 2006 to provide more details, including information about traffic-calming devices for the reopened street.

e. I-395 off-ramp underpass

Linehan reported DDOT plans to change pedestrian approaches to the I-395 off-ramp underpass (between South Capitol St. and Randall Park) so that pedestrians can see into the underpass as they approach it. She also pledged landscaping work and increased lighting in and around the underpass, and promised to urge the Department of Public Works to install several large trash cans near it.

f. Maine Ave. and Water St.

Linehan reported that DDOT still plans to place a traffic light at Maine Ave. and 10th St., SW, and to close Water St., but that in scheduling this work DDOT will defer to the Anacostia Waterfront Corp. She pledged that, in its Planned Unit Development application, the developer would address the issues of boat and tour-bus access along 6th St., SW.

Commissioner Skolnik made/Commissioner Moffatt seconded a motion to extend the meeting to 10:51 p.m. With Commissioners Litsky, Skolnik, and Williams voting yes, and without calling for votes in opposition or abstentions, the Chair declared the motion approved.

7. Local Neighborhood Committee

Burnetta Coles made a presentation entitled “Our Vision for the Year 2010 and Beyond” on behalf of the Local Neighborhood Committee/Southwest/Southeast Waterfront Committee of the Syphax Community Center Historic Restoration Society of South Washington. Phase I, to take place December 12, 2005 through December 31, 2007, provides for acquiring “ANC 6D and District Government Support for our Preliminary Concept.” Commissioner Williams made/Commissioner Litsky seconded a motion to provide a letter of support for Phase I. The motion passed 5-0. Commissioner Siegel and Sobelsohn abstained.

8. Liquor licenses

Commissioner Skolnik made/Commissioner Moffatt seconded a motion to endorse a memorandum of understanding with Zanzibar on the Waterfront, 700 Water St., SW. A copy of that memorandum is attached to these minutes. The motion passed 7-0.

Commissioner Skolnik reported that, on January 4, 2006, the Alcoholic Beverage Control Board will hold a status hearing on the liquor-license renewal application of H2O, 800 Water St., SW.

9. Anacostia Waterfront Corporation resolution

Commissioner Skolnik made/Commissioner Moffatt seconded a motion to endorse a resolution regarding the Anacostia Waterfront Corporation. A copy of that resolution is attached to these minutes. The motion passed 6-0. Commissioner Litsky abstained.

10. Treasurer’s report

Commissioner Skolnik gave a treasurer's report for November 14-December 12, 2006. A copy of his report is attached to these minutes. ANC 6D has $43,443,48 in current funds. The report includes expenses submitted for approval of staff salary ($554.10) and telephone ($80.03). Commissioner Skolnik made/Commissioner Sobelsohn seconded a motion to approve the October 17-November 14 report and to authorize payment of the expenses. The motion passed 7-0.

11. Adjournment

Commissioner Sobelsohn made/Commissioner Moffatt seconded a motion to adjourn. The motion passed 7-0. The meeting adjourned at 11:02 p.m.

Advisory Neighborhood Commission 6D

Memorandum of Understanding

By and between Advisory Neighborhood Commission 6D and Zanzibar on the Waterfront

In an effort to eliminate the concerns of Advisory Neighborhood Commission 6D (ANC6D) regarding how Zanzibar on the Waterfront, LLC (Zanzibar) operates its business, Zanzibar agrees to the following:

1. LITTER AND CLEANLINESS – We will take reasonable measures to ensure that the premises we use to conduct our business are kept free of litter and debris, including but not limited to bottles, posters and flyers. Although we sometimes distribute promotional material within our premises, we agree not to distribute or affix, or cause to be distributed or affixed by anybody we employ or by promoters we work with, any handbills, posters, flyers or other Zanzibar promotional materials outside our premises within a half-mile radius of where we are located.

2. NOISE - We will ensure that any live or recorded music produced by our establishment does not exceed the legal noise decibel level outside our premises that is permitted for property with W-1 Waterfront zoning. We will ensure that our rear doors are closed at all times, except when opened to allow access or exit, to prevent noise from disrupting our neighbors. We will not use music or sound systems on a regular basis in the rear of our premises in an effort to not disturb the marina residents. We will obtain all proper permits before installing a music or sound system for special events that amplifies noise in public space outside our premises. On the nights we operate, we will end any live music on our patios and decks by 10:00 p.m. on Fridays and Saturdays and 9:00 p.m. on Sunday through Thursday.

3. USE OF PUBLIC SPACE – We will notify the ANC6D within 72 hours of filing a “one-day substantial change application” to use public space in our community for a street festival or other special event. The notification will include an event description, the date and time of the event, and expected attendance.

4. NOTIFICATION PROCEDURES -- We will notify the ANC by sending an e-mail or written correspondence to the ANC-6D01 Commissioner, the ANC6D Chairperson and the ANC6D office.

We are entering into this Memorandum of Understanding as a gesture of good faith and our commitment to our community. However, this memorandum shall not be construed or considered to be a formal “voluntary agreement” with the ANC which is attached to and made part of our alcoholic beverage license. While this memorandum may be submitted to the District of Columbia Alcohol Beverage Regulation Administration (ABRA) for filing purposes, it is not to be a condition of our liquor license renewal application. We enter into this memorandum with the understanding that ANC- 6D01 will withdraw its protest to the renewal of our liquor license application upon agreeing to this document. Please confirm your consent to the points addressed in this Memorandum of Understanding by signing in the signature block below and returning it to the undersigned as promptly as practical.

Zanzibar on the Waterfront, LLC Consented to on behalf of ANC-6D01

By _______________________________ By: ______________________________________________

John H. Christian, General Manager Max Skolnik, ANC6D01 Commissioner

Date: _____________________________ By: ______________________________________________

Andy Litsky, ANC6D Chairperson

Date:_____________________________________________

Dear Mr. Skolnik:

ANACOSTIA WATERFRONT CORPORATION ACCOUNTABILITY RESOLUTION

A RESOLUTION CALLING FOR THE MAYOR AND CITY COUNCIL OF THE DISTRICT OF COLUMBIA, TO AMEND THE CHARTER OF THE ANACOSTIA WATERFRONT CORPORATION

WHEREAS: The Anacostia Waterfront Corporation (AWC) is to be a substantial landholder of properties in the jurisdiction of this ANC;

WHEREAS: Proposed actions of the AWC will significantly impact the neighborhoods of near Southwest and Southeast;

WHEREAS: The AWC has been granted governmental powers and should be subject to the same corresponding regulations as other agencies of the District of Columbia;

WHEREAS: It is in the best interests of the community and the city as a whole to amend the charter of the AWC to hold it accountable for its actions and be made responsive to the communities they serve.

NOW, THEREFORE, BE IT RESOLVED by this Advisory Neighborhood Commission 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 Council of the District of Columbia to enact legislation to amend the charter of the AWC as follows:

I. The AWC shall become subject to all Federal and District laws and policies as they pertain to the Freedom of Information Act;

II. The AWC shall become subject to the same ANC notification requirements as other District of Columbia agencies;

III. The Board of Directors of the AWC shall be required to follow the District of Columbia’s rules for public agency meetings, including but not limited to giving proper advance notice of meeting dates and locations to be published in the DC Register, the publishing an agenda in advance of the meeting, and following the rules for executive session discussions;

IV. The City Council of the District of Columbia and its Committees shall have the unilateral right to withhold or withdraw District assets in the possession of the AWC if said entities do not submit bi-annual reports of their actions that are deemed acceptable to the Council or its Committees, including detailed financial reports.

This Resolution shall take effect immediately, on this 12^th Day of December, 2005.

TREASURER’S REPORT

Period:		November 14, 2005 to December 12, 2005
Checking Account
Opening Balance							$38,933.79
Receipts
					Date	Amount
District Allotment						$0
Transfer from Savings						$0
Other						$0
Total Receipts							$0
Total Funds							$38,933.79
Disbursements
Number	Payee			Purpose	Date	Amount	Status
239	Verizon			Telephone	11/14/05	$80.40	Cleared
240	USPS			Postage	11/14/05	$75.00	Cleared
241	Roberta Weiner			Petty Cash	11/14/05	$97.88	Cleared
242	Roberta Weiner			Admin. Asst. Salary	11/14/05	$360.17	Cleared
Total Disbursements							$613.45
Final Balance							$38,320.34
Savings Account
Opening Balance							$5,091.68
Receipts
					Date	Amount
Interest					11/30/05	$1.79
Other						$0
Total Receipts							$1.79
Total Funds							$5,093.47
Petty Cash
Opening Balance							$2.12
Purpose			Merchant		Date	Amount
			Reimbursement		11/14/05		97.88
Color cartridges, mailing labels			Costco		12/3/05	70.33
Final Balance