Advisory Neighborhood Commission 6D

65 I Street SW · Washington, DC 20024 · 202/554-1795

 

Minutes

May 10, 2004

 

Present: Commissioners Assalaam, Hargrave, Johnson, Litsky (arrived late), Moffatt, Siegel Williams.

 

The meeting was convened at 7:15 pm.  The Commissioners introduced themselves. 

 

  1. Agenda

Commissioner Hargrave asked to move the discussion of the Quarterly Report and adoption of the minutes up on the agenda to between the discussion of the Banneker Memorial and the Chairman’s Report.  Commissioner Siegel requested a discussion of three new pay phones at a gas station at M and South Capitol Street.  The agenda was then approved without objection.

 

2.      Community Concerns

Cantina Marina

Phil Baten lives in the area of Cantina Marina, and expressed his concern about the loud music.  He said that there was a group in Tiber Island with a decibel reader and cell phones and they tested the sound.  They had a copy of the agreement that was written with the Gangplank, and the noise appears to get louder as the night goes on, and he requested that the Commissioner look into it.  Commissioner Johnson asked what the decibel level is, and stated that if you can hear the noise indoors, it’s too loud.  He mentioned that they are advertising live bands every weekend for the rest of the month.  He said he would be working on it.

 

3.      Friendship Baptist Church

Chairman Assalaam recused himself as Chair for this discussion, as he is a participant in the issue.  Commission Vice Chair Moffatt took the chair.  Cynthia Giordano, of Arnold and Porter introduced the architects for the project, an apartment house on the site of Old Friendship Baptist Church on H and Delaware Avenue SW, Eric Colbert and Steve Dickens.  She stated that last time they presented the design, they proposed the demolition of the church.  They have, however, proceeded to file a request for landmark designation of the original building of the church, which was built in 1886, but not two additional buildings, constructed in 1931 and 1955.  The plan is now to incorporate the church into the apartment building and to find a non-profit user for the renovated church, which would be incorporated into the first two stories of the apartment building.  She said there would be a Historic Preservation Review Board hearing on May 27th.

 

Mr. Dickens described the building, a seven-story L-shaped structure surrounding the church, which would be mixed-use or solely residential development.  They plan to recreate the previously existing street facing the church.  Ms. Giordano said that the residential portion of the building will be condos, and they plan the development as a PUD, which will require ANC approval.  They will also require a variance for the height of the building.  The building, by Dept. of Interior standards, must be different from the preserved building.

 

In response to a question from Commissioner Hargrave, Mr. Dickens said that there would be no changes in the exterior of the church, and the sanctuary would be kept as a single space.  Mr. Tanner has donated the pews to International Community Services, but the stained glass would be restored.  The pews were offered to Friendship Baptist Church first, and the church turned them down.  In response to a question Commissioner Moffatt said that no permission was needed to remove the pews from the interior, because the historic designation covers only the exterior, and even in those rare cases where the interior is covered, loose furniture is not included.  Mr. Dickens added that unless one is going for a federal historic tax credit, the interior is not covered, and the standard becomes much more exacting.

Commissioner Hargrave asked about what kind of non-profit would be eligible.  Ms. Giordano said that it was too early to consider marketing the space, and Mr. Dickens said that it was perfectly possible that if a church wished to lease the space at the rental rate being asked, it would be feasible for that to happen. 

 

Commissioner Johnson inquired about the PUD status, and was told they were looking as an R5C designation.  Ms. Giordano said that because they had lowered the height and incorporated a non-profit structure they could get a special exception, that such exceptions existed for non-profits.

 

Jacqueline Brown, who lives in Southeast, a fourth generation member of Friendship Baptist Church, expressed her view that there had not been a adequate historic review, including who built the church, and don’t have a notion of the importance of the church.  She asked how the people in the apartments abutting the church would see out.  She was told that there are requirements for courts to enable light and air.  The first two floors are not part of the condo development, and there would be a glass-roofed atrium with offices and meeting rooms on the first two floors.  She also asked about the plan for the sculpture in the circle, and was told the sculpture was pictured was only a “placekeeper”, and that now they were considering a memorial to Reverend Whiting.

 

Eric Colbert stated that the current design is very different from the initial design and the church is now the center of the development, and they plan to restore the church.  Commissioner Williams questioned their commitment to true historic preservation, and said that she was hearing a different story from the church members, and she raised the issue of the pews as an example.

 

A questioner asked about the preservation of the windows, and was told that most of the windows were broken and vandalized, and they would probably be removed and repaired.  Ms. Brown asked what the standards for removal were, and why were the pews removed at night.  She asked again about buildings where both the exterior and interior had been preserved, and was told by Ms. Giordano that there would be significant cost to retrofit the church, repair the windows and bring it up to modern standards.

 

Ms. Giordano said that there would be between 20 and 35 condominiums, depending on what non-profit uses were decided on, starting on the third floor.  She said that the church would have about 2500 sq. ft. of space. 

 

Mr. Hargrave asked whether Friendship Baptist Church had an alternative plan for the building. Ms. Brown responded that they don’t need a plan for uses for historic designation.  She said she has contacted AARP and other community organizations that could use it for meetings.  They have also talked with several storefront churches that might be interested in occupying the building.  Commissioner Moffatt asked who would pay for renovating the building.  She said that the storefront churches pay three times the rent that Friendship was charging Rev. Williams, and that could go for repairs.  Ms. Giordano stated that their reports after Mr. Tanner purchased the building said it would cost more that $1 million to make the building habitable. 

 

Commissioner Assalaam stated that an amendment had been made to the application for historic designation, because the original application was incomplete, and failed to take into account the 1930 and 1951 additions to the church.  He stated that the architects of the 1951 addition were noted African American architects, Woodson and Vaughan.  He stated that the site is important as well as the building, that the building was built by former slaves who had been abandoned after the war; and that the plan was wiping a part of African American history in Southwest.  He said that the building also meets several criteria for listing on the National Register of Historic Places, and listed the criteria.  He stated that Mr. Tanner has left out significant information about the history of the abandoned slaves, and is doing significant damage to the history of the African American community.  He mentioned that he had met with Mr. Tanner, who said that it could be turned into a shelter if he didn’t get his own way.  He stated that the entire church is a public amenity, and that in 1952 when the original urban renewal took place, it was determined that the church should remain standing because of its historic significance.  Ms. Giordano responded that the church was originally offered to Friendship, and that their intention is to maintain the church and restore it.  She asserted that while Mr. Woodson had prepared a design for the addition that was not what was built.  Ms. Assalaam forcefully expressed his view that, as an African American, he was committed to saving the building as part of the history of his community, which was rapidly disappearing.

 

Commissioner Hargrave asked Commissioner Assalaam asked what alternatives he had for preserving the building.  Commissioner Williams interjected that Friendship Baptist Church had stated that it was ready and willing to undertake the restoration of the church.  Commissioner Assalaam said that he had discussions about making it a museum to African American history in Southwest.

 

Motion: Commissioner Williams moved that the ANC oppose the application of Steven Tanner for the historic designation of old Friendship Baptist Church at the Historic Preservation Review Board.  The motion was seconded by Commissioner Johnson.  Commissioner Hargrave expressed his view that he would like to see a solid plan in writing from Friendship Baptist Church, or any other group, with proposals for the restoration of the church.  Commissioner Moffatt agreed, and said that there have been numerous opportunities for the church to present concrete plans, and if he saw one he could support the motion.  The motion failed 2-2-1.  Voting in favor: Commissioners Hargrave and Williams.  Voting in opposition: Commissioners Moffatt and Siegel.  Abstaining: Commissioner Johnson.  (Commissioner Assalaam did not vote.)   The motion failed.

 

4.      ABC License Holder Issues

Commissioner Johnson stated that there was a need to take a broad look at all the license holders on the waterfront, which has not been done in the past.  There are a number of things that might go into a standard voluntary agreement with the restaurant, but that there are also a number of things that should be negotiated individually because there are unique concerns.  There are also differences between liquor stores and restaurants.  For example, you can’t negotiate different closing times with establishments near each other.  He said he would like to come back next time with a draft of a blanker agreement that could be discussed. 

 

Commissioner Moffatt said that the ANC had looked at boilerplate language once before, and his concern is that all not licenses are up at the same time.  Commissioner Johnson asked whether he would like to see them negotiated as they come up, rather than all that the same time.  Commissioner Hargrave said that this discussion recognized the view that the waterfront is not just an SMD problem, but affects the entire community.

 

Commissioner Johnson said that the cruise ships have licenses, which are different and have different concerns.  Then there is Cantina Marina, associated with Gangplank Marina, and is affected by NCRC.  Then there is the Channel Inn, Zanzibar, Phillips, H2O and Jenny’s.  The Capitol Yacht Club has a bottle club license.  Some of the smaller cruise boats have a variation on the bottle license.  Mostly it’s the restaurant licenses that are the concern. 

 

He met with the manager of H2O to express the views of his constituents, and one issue is traffic and parking.  H2O has a finite number of spaces, and NCRC has provided an additional number of spaces between Zanzibar and Channel Inn, and Commissioner Johnson said that NCRC has spoken to the Mandarin Inn about potentially using their spaces. 

 

Commissioner Williams said that people had contacted her about H2o”s operation as a nightclub, and late night noise.  Commissioner Johnson said that in his discussion with Kevin McCarthy, H2O’s manager, they have talked about not advertising the establishment as a nightclub, limiting outdoor hours, and banning the use of glass outdoors.  He expressed his hope that next month he would bring back a completed voluntary agreement.

 

Commissioner Williams said that because each SMD is different, and the concerns are different, that she is dealing with liquor stores, and the waterfront is restaurants, and so she doesn’t know whether she could support a blanket voluntary agreement.  Commissioner Johnson said he is receptive to input from other Commissioners.  Commissioner Hargrave noted that Commissioner Litsky is missing and he suggested he would endorse a public meeting to discuss these issues, because there should be minimum standards for all.  He suggested that the ABC Committee put such a meeting together with the owners of establishments. Commissioner Moffatt said that it would be difficult to have such a meeting because people seeking liquor licenses would create a barrage of issues.  Commissioner Johnson suggested that perhaps there could be a meeting with two or three owners at one time, but not all.  Commissioner Siegel stated he is not in favor of one meeting of all ABC license holders, and it be limited, perhaps, for example, to all owners in Southeast.  There differences between Southwest and Southeast are huge, because there are very few residents in Southeast.  He suggested that perhaps there could be announcements every fifteen minutes after 9 pm to please keep the noise down when people leave.  Commissioner Hargrave reminded the Commission that the discussion was about the waterfront--noise is a major problem, even the cruise ships have noise—and the ANC should work on problems that are common to all. 

 

Commissioner Johnson raised the point that when the ANC agreed to support a license for Cantina Marina was as a restaurant, not a club. The original voluntary agreement, with the Gangplank, cannot be found.  Commissioner Williams said she would convene a meeting of the ABC committee to further discuss the matter.

 

5.      Waterside Mall Update

Gretchen  (name) introduced David Smith of Waterfront Associates who stated that they are in negotiation with Fannie Mae for tenancy at Waterside.  He stated what a great tenant it would be, and introduced Alvin Nichols of Fannie Mae, who said that Fannie Mae is delighted expanding to Waterside Mall.  He said that Fannie Mae has wanted to expand for years, and Waterside was the best site.  He stated that he believed Fannie Mae would fit very nicely into the community.  They will sign a long-term lease--Waterfront would remain the owner—but would use 60% of the site.  It will move the development forward by several years. 

 

The site will have to be reconfigured, but they don’t yet have an architect or a design, but they will by early summer.  They will utilize the western portion of the site, as well as the area that the Safeway currently occupies.  For the 2nd stage PUD there will be a different massing, which they don’t know about yet, but they will come to the ANC as soon as they do.  They’re finalizing the negotiations, and when they do, they will re-master plan the site.  The process will take them through next Spring and will begin construction in Summer 2005.  They want to break down the mass, with retail along M Street and around the Metro plaza.  They hope to make it a vibrant site, with 4th Street being a very pedestrian street.  There’s a lot that has to be done, and they look forward to working with the ANC.

 

Commissioner Williams said that the original plan was to maintain the west tower, and now the plan is to tear it down.  Mr. Nichols said there is not enough space in the existing building and it will have to be rebuilt.  She then asked about the plan to build where the Safeway is, and was told that Fannie Mae wants Safeway and Safeway wants to stay, and have to work with their architect and Safeway for a solution—he said that Fannie Mae wants to keep Safeway on the site, and that site is for a proposed expansion of Fannie Mae.  They are committed to the provision that a market will be within 1½ miles of the Mall. 

 

Commissioner Litsky said that with the original PUD the ANC was told that representations were made to the community that the Safeway would not be moved, that the CVS would remain, and that there would be a bank.  Mr. Nichols said that they would like to keep a grocery store on the site.  Mr. Litsky said that while he’s happy that Fannie Mae is coming into this community, that it is important to this community to have a supermarket on the site.

 

Commissioner Hargrave said there was a firm agreement that there would be retail, and that while there were security considerations with a government tenant, retail would buildings would fit into the community. Commissioner Williams asked about how much space Fannie Mae would occupy and was told it was 1,000,000 sq. ft., and that, as in the original PUD there will be 75,000 sq. ft. of retail.  As in the original PUD, there would be space for a Safeway, but not necessarily in the space in now occupies, and the residential requirements also remain the same.  Commissioner Moffatt asked about the Safeway seventeen lease, and the 1½-mile parameter for a supermarket.  The question is whether this applies before or after the Safeway lease expires.  

 

Commissioner Litsky suggested that Mr. Nichols carry back to Fannie Mae that the community was very concerned about the massing of the buildings and the height along M Street, and suggested that it would be phenomenal public relations by designing the building so that it is moved back from M Street.  The current plan has no trees or landscaping and it was one of the major points the community made.  He suggested that Fannie Mae executives read the Zoning Commission hearings before they design their new building.  Commissioner Johnson agreed, saying that the a number of community groups had opposed the original PUD on the following grounds: the grocery store, for one; every one of them is spelled out in the Zoning Commission report and he recommends that he reads them.  Commissioner Moffatt added that in the original PUD, the west buildings were the last to be developed, not they will be the first, and can set the pace for the rest.  Mr. Siegel suggested that there be direct communication so the rumor mill won’t start running.

 

6.      Baseball Stadium at Banneker Overlook

Commissioner Assalaam said that he has heard that while four sites are being considered for a baseball stadium, several of them seem to be a smokescreen for Councillmember Evan’s plans to put the stadium in Southwest at Banneker Overlook.  Commissioner Litsky said that his constituents were completely opposed to placing the stadium at that site, and that they had let Councilmember Ambrose know about it.  She, in turn, has said that the stadium would be located at that site “over her dead body.”  The Commission was told that Councilmember Evans had been invited to appear before the Commission, but turned down the invitation because he had something else on his schedule.   Commissioner Litsky said that it is the most expensive site on which to build.  Commissioner Assalaam spoke about the city absorbing the cost when there are so many other needs for the money.  Commissioner Litsky reminded the Commission that over the past years many city officials have made presentations to the ANC about the shape of the Waterfront to come and not one of them has mentioned a baseball stadium at that location.  He mentioned that when he testified before the City Council on the Anacostia Waterfront Initiative he specifically asked that the legislation include a specific prohibition about building a stadium at that site.

 

7.      Treasurer’s Report

Commissioner Siegel reported that the petty cash fund has $84.81, the savings account has $5,070.10, and the checking account has $16,024.35, for a total of available cash of $21,094.45.  The quarterly allotment has not yet been received.  He distributed the quarterly report cover pages.  He said that he not distribute copies of the checks, bank statements, minutes, etc. that accompany the report.  He said that there are three complete copies of the report, for the Auditor, the office and the public.  He said that the report had to be approved for submission by May 31st. 

 

He said that the budget is unsettled, and said that the draft prepared by Commissioner Assalaam had some problems, and said he felt that taxes should not be included in the budget, but it is one-sixth of her salary.  Commissioner Assalaam said that because the salary is the same every month, the taxes are the same, and if there’s overtime or things change the Commission can vote on them. 

 

There were questions about specific items on the quarterly report.  Commissioner Siegel reported that there were addition errors in the previous quarterly report that were corrected in a meeting with the Auditor.  Specific items were reported on an earlier report.  There were questions about items in the quarterly report, including the petty cash fund.  He pointed out that there were separate forms, provided by the Auditor, for checking and savings accounts.  He reported that he spoke with the Auditor’s office, and the letter for allotments has already gone to the Finance Office, and that a letter would be forthcoming and that there were no holds on the allotment.  The ANC has no problems with the Auditor’s Office at this time.  He went over the petty cash and approved it, so as of mid-April there is no problem with petty cash.  As of April 26th, there is no problem with previous quarterly reports.

 

He then raised the issue of the DOES and FUTA bills for Gottlieb Simon.  He said the bills are about $114 for DOES and $56 for FUTA, without any penalties.  Mr. Simon has indicated that it should be paid. 

 

There was an extensive discussion of various items in quarterly report, including telephone bills, and the order of checks.  Commissioner Siegel requested that the Quarterly Report be approved, and he will make corrections.  Motion:  Commissioner Hargrave made a motion to accept the Quarterly Report.  It was seconded by Commissioner Siegel.  It was passed by a vote of 4-2-1.  Voting in favor: Commissioners Johnson, Litsky, Moffatt and Siegel.  Voting against: Commissioners Hargrave and Williams.  Abstaining: Commissioner Assalaam.

 

Motion:  Commissioner Williams moved to pay the outstanding DOES and FUTA bills, in the amount of $114 and $56, respectively.  It was seconded by Commissioner Siegel.  The motion passed by a vote of 5-0-2, with Commissioners Hargrave and Williams abstaining.

 

Chairman Assalaam presented the proposed budget and noted that he had changed the language of office supplies to petty cash.  He pointed out that this budget is just for this year, and changes can be made for next year.  He said he approximated the budget from projected allotments, and calculated salary and taxes from that.  Motion: A motion was made by Commissioner Hargrave to accept the budget as amended, and seconded by Commissioner Siegel.

 

Commissioner Litsky asked what would happed if the $5000 budget line for grants was not spent, and was told that the money would revert to the treasury.  Commissioner Johnson suggested that a review of the budget be conducted in six months to track how projections met with the reality.  He mentioned the question of overtime for the Administrative Assistant’s salary if it’s retroactive; the ANC has already exceeded the projection, because the AA has been paid overtime.  Commissioner Litsky said that while he didn’t want the budget picked to death, he questioned the allotment for transportation as being inadequate.  It was stated that it was possible to amend the numbers by a vote of the Commission.  The motion was passed by a vote of 7-0.

 

The meeting adjourned at 10:25.

 














Advisory Neighborhood Commission 6D
65 I Street SW
Washington, DC 20024

554-1795 n 554-1795

office@anc6d.org