Advisory Neighborhood Commission 6D

65 I St., SW

Washington, DC 20024

 

Minutes

October 17, 2005

 

Chair Andy Litsky called the meeting to order at 7:06 p.m.

 

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

 

 1.     Agenda

 

The Chair’s proposed agenda was approved without objection, with the following amendments, moved by the indicated commissioners and made without objection:

 

     a. Litsky: strike Collaboration DC

     b. Moffatt: add staff search, after National Coalition to Save Our Mall     

c. Skolnik: move National Coalition to Save Our Mall to just after police report 

             d. Williams: add Waterside Mall and South Capitol Street Peace Garden

 

 2.     Community concerns

 

Mary Ann Floto announced Mayor Williams’s Citizen Summit IV, to be held from 9 a.m.-4 p.m. Saturday November 19 at the Washington Convention Center, 801Mt. Vernon Pl., NW.  The event is free and open to the public.

 

 3.     September 12 minutes

 

Commissioner Sobelsohn made/Commissioner Siegel seconded a motion to approve the September 12 minutes, as presented.  Without objection, on the motion of the commissioners indicated, the minutes were amended as follows:

 

 a. Assalaam: under item 1. “Agenda,” change “Commissioner Assalaam  not voting” to “Commissioner Assalaam not present.”

 b.  Litsky: under item 11.a., “Liquor licenses--H2O,” change the second paragraph, first sentence, to read “ANC 6D has learned of an expected or pending H2O application for permission to close part of Water Street for a private party on Saturday, October 22. According to Commissioner Litsky, the Emergency Management Administration (EMA) failed to notify ANC 6D of this application.”

 

 Commissioner Williams made/Commissioner Assalaam seconded a motion to table. The motion to table failed, 2-5, with Commissioners Assalaam and Williams voting yes. Commissioner Sobelsohn made/Commissioner Moffatt seconded a motion to close debate.  The motion passed, 5-2, with Commissioners Assalaam and Williams voting no.  The motion to approve the minutes, as amended, passed, 5-2, with Commissioners Assalaam and Williams voting no.

 

 4.     Police report

 

First District Sergeant Crouch reported that:

 

 a. Overall crime in Police Service Area 104 has increased 7%, January-September 2005 over January-September 2004, primarily because of a 58% increase in thefts from autos.

b. Regarding a recent homicide at 1422 1st St., SW, an investigation is under way and the police have a suspect.

c. The Police Department has assigned 30 police officers to work overtime on Saturday, October 22, during a block party hosted by H2O, 800 Water St., SW.

d.  The First District plans a “Fight Back,” 12 midnight-12  midnight, Saturday, December 5, at 75 I St., SW.  It will include a clean-up of Randall Park and the I-395 off-ramp underpass.

 

 5.     Staff search

 

Commissioner Moffatt made/Commissioner Siegel seconded a two-part motion: (a) the ANC will rehire Roberta Weiner as administrative assistant at $14 per hour for up to 40 hours per month; (b) the ANC is authorized to hire a second staff person at $12 per hour for up to 20 hours per month.  Both contracts can be terminated by either the ANC or the particular staff person on 30 days’ notice; otherwise neither contract will have a termination date.  The motion passed 4-2, with Commissioners Assalaam and Williams voting no and Commissioner Sobelsohn abstaining.

 

 6.     Street closings in 2006

 

     a. National Marathon

 

Michelle Mobley of the Greater Washington Sports Alliance (GWSA) made a presentation about plans for the first-ever National Marathon.  The Marathon will take place Saturday, March 25.  Starting at 7:30 a.m., a maximum of 5,000 participants will run down 9th St., SW; east across Maine Ave., SW, and M St., SW and SE; and up 11th St., SE.  Streets will all reopen to normal traffic by 9:01 a.m.  Mobley promised to return to the ANC with names and contact information for the representatives of the DC Department of Transportation, the DC Fire Department, and the DC Emergency Management Administration with whom GWSA has been coordinating plans for the Marathon.

 

     b. Race for Hope

 

Nike Beddow made a presentation about the Race for Hope’s annual 5K run/walk to benefit the Brain Tumor Society.  The event will take place Sunday, May 7.  From 8:30-9:30 a.m., participants will run or walk from Independence Ave. down 3d St., SW, to D St., over to 2d St., and back across Independence Ave.  Commissioner Moffatt made/Commissioner Sobelsohn seconded a motion to support, for the event, the closing of one block of D St. and two blocks each of 2d St., 3d St., and Independence Ave., all In SW DC.  The motion passed 5-0, with Commissioners Assalaam and Williams not voting.

 

 7.     National Coalition to Save Our Mall

 

Judy Scott Feldman made a presentation on behalf of the National Coalition to Save Our Mall.  The Coalition seeks Mall expansion west and south, to East Potomac Park, the Benjamin Banneker Overlook, and down South Capitol Street.

 

 8.     Southeast DC development projects

 

     a. Capper/Carrollsburg

 

Aakash Thakkar (Eakin/Youngentob Associates) and Cheryl O'Neill (Torti Gallas and Partners) made a presentation about the Arthur Capper/Carrollsburg development, currently underway in ANC 6D07.  On Monday, December 19, the Zoning Commission will consider applications to reopen or create several streets; to close one alley and parts of other alleys; and to approve a Second Stage Planned Unit Development and Modification (2SPUDMOD). The 2SPUDMOD includes 91 low-rise residential units, to be offered for sale by May 2006 and available for occupancy by May 2007.  Fifty-one units will sell at market rate or to buyers of moderate income; 11 will go to Section 8 buyers; and 29 are reserved for public housing.  The 2SPUDMOD defines “moderate income” as 80-120% of the Area Median Income. O’Neill promised to inform the ANC by November 14 as to exactly how many units would sell at market rate and how many would go to buyers of moderate income; also as to the number and height of units to be built on M St., SE.  According to Paul Rowe of the DC Housing Authority, the public-housing units will exactly replace the current number of on-site public-housing units, although neither O’Neill, nor Rowe, nor Thakker identified any special benefits for families forced to vacate their current units.

 

The 2SPUDMOD also includes a request regarding parking for the overall development.  In the overall development, 130 units will each have a width of 14-16 feet and an area of 1100-1300 square feet.  For these “smaller” units the developers seek to offer buyers the option of two garage spaces or, instead, one garage space plus a recreation room.  Thakkar promised by November 14 to produce documents showing that residents will not have the right to rent their garage spaces to baseball-stadium patrons.

 

Finally, the 2SPUDMOD includes a 28,500-square-foot community center, on 5th St., SE, between K and L Streets, SE.  The community center will include a recreation center, a gymnasium, a computer lab, classrooms, and a daycare center for up to 66 children from 2.5-5 years old, and 6,500 square feet for community offices.

 

The website www.eya.com has more information.  The developers will return at the ANC’s November meeting to seek support for their pending applications.

 

     b. Florida Rock

 

David Briggs (of the law firm Holland & Knight) and Davis Buckley (of the architecture firm Davis A. Buckley) made a presentation about the Florida Rock development, proposed for 100 Potomac Ave., SE, in ANC 6D07.  This is just south of the site for a proposed baseball stadium.  On Thursday, December 8, the Zoning Commission will consider their application to approve a Second Stage Planned Unit Development and Map Amendment (2SPUDMAPA) for the property.

 

The project will consist of four buildings, with a hotel, residences, retail, and commercial space.  It will have a maximum height of 92.5 feet and be fully accessible.  Of the overall site, 48% will be open space (52% site coverage).  A total of 1,084,000 square feet will have a floor/area ratio of 4.28.  Retailers will use most of the ground-floor space.  The project will have 161 residential units (no decision yet whether rental or condominiums).  Despite its current use for concrete batching, the site needs no environmental remediation.

 

The project will have 1,083 parking spaces, on two levels, for all four uses, with perhaps 600 uncommitted spaces.  These could rent to stadium patrons.  Two roads will provide riverfront access: an extended Half St., SE, and another access road, 40-45 feet wide, angled to Half St., exclusively pedestrian, to be called the "allée."

 

The developers have already built a new riverfront bulkhead and plan a public esplanade.  They pledge to construct and for five years maintain a bike path between their site and the Southeast Federal Center.  They also have committed to maintain "Reservation 247," a parcel at Half and P Streets, SE, as a public park for five years.  If this parcel is acquired for the proposed stadium, they pledge to construct and maintain equivalent park space elsewhere on the property.  Finally, they committed to hire an unspecified number of ANC 6D residents in the project's construction.

 

They plan to attend the ANC's November meeting to request support for their 2SPUDMAPA.

 

 9.     NCRC and AWC resolutions

 

In September the ANC approved a resolution regarding the National Capital Revitalization Corp. (NCRC).  Commissioner Skolnik reported that, at the ANC’s November meeting, he plans to submit a similar resolution regarding the Anacostia Waterfront Corp.  At the September meeting an NCRC representative promised to produce a copy of NCRC's budget in response to a written request under the Freedom of Information Act.  Commissioner Skolnik reported having submitted such a request and having received no reply.

 

 10. Liquor licenses

 

     a. Cantina Marina

 

Commissioner Skolnik made/Commissioner Sobelsohn seconded a motion to support the license-renewal application of Cantina Marina, 600 Water St., SW, in exchange for Cantina Marina’s signing a voluntary agreement, an amended copy of which is attached to these minutes.  By consensus, 7-0, the voluntary agreement was amended so that, (1) under “4. USE OF OUTSIDE SPACE,” instead of “Noise levels shall not exceed 80dB(A),” it reads “Noise levels shall not exceed legal limits.”  The motion passed, 4-0, with Commissioner Sobelsohn abstaining and Commissioners Assalaam and Williams not voting.

 

     b. Zanzibar

 

Commissioner Skolnik reported the refusal of Zanzibar, 700 Water St., SW, to negotiate a voluntary agreement with the ANC.

 

     c. H2O block party

 

Commissioner Skolnik reported that the ABC Board plans a factfinding hearing Wednesday, October 19, regarding a block party to be hosted by H2O, 800 Water St., SW, on Saturday, October 22.

 

 11. Waterside Mall

 

Commissioner Williams reported that a plan was “soon to be presented” regarding Waterside Mall redevelopment.  Commissioners Litsky and Williams agreed that the ANC would benefit from a November presentation by all parties involved in the Waterside Mall redevelopment.

 

 12. South Capitol Street Peace Garden

 

Commissioner Williams reported that, at 3 p.m. Sunday October 23, the Carrollsburg and Half Street Neighborhood Association will dedicate the South Capitol Street Peace Garden, at the corner of South Capitol and M Streets, SW.

 

 13. ANC committees

 

Commissioner Skolnik repeated his request, from the September meeting, that commissioners send him the names of their committee appointees.  Once each commissioner has made his or her appointments, Commissioners Skolnik, and Sobelsohn will organize the committees’ initial meetings.

 

 14. Treasurer’s report

 

Commissioner Skolnik gave a treasurer's report for September 12-October 17.  The report is attached to these minutes.  ANC 6D has $40,955.88 in current funds.  The report includes expenses submitted for approval totaling $954.51. Commissioner Skolnik made/Commissioner Sobelsohn seconded a motion to approve the September 12-October 17 report and to authorize payment of the expenses.  The motion passed 7-0.

 

Commissioner Skolnik also submitted a draft quarterly report for July-September 2005.  The report is attached to these minutes.  It includes disbursements totaling $2,357.96. Commissioner Skolnik made/Commissioner Moffatt seconded a motion to approve the July-September quarterly report.  The motion passed 6-0, with Commissioner Williams not voting.

 

Commissioner Skolnik distributed copies of a draft 2005-06 budget for consideration at the ANC’s November meeting.

 

 15. Audience comment

 

Jennifer Rachels introduced herself to the community.  Audience comment concerned (a) contents and distribution of the minutes; (b) the site of the proposed baseball stadium; (c) evolution of the Florida Rock proposal since its initial rejection by the ANC; and (d) an increase in evictions of residential tenants in the neighborhood.

 

 16. Adjournment

 

Commissioner Sobelsohn made/Commissioner Moffatt seconded a motion to adjourn.  The motion passed, 7-0.  The meeting adjourned at 10:16 p.m.


 

Period:

September 12, 2005 to October 17, 2005

 

Checking Account

Opening Balance

$36,265.24

Receipts

 

Date

Amount

 

District Allotment

 

$0

 

Transfer from Savings

 

$0

 

Other

9/12/05

$15

 

Total Receipts

$15.84

Total Funds

$36,281.08

Disbursements

Number
Payee
Purpose

Date

Amount

Status

229

Roberta Weiner

Administrative Asst.

9/12/2005

$443.28

Pending

230

Roberta Weiner

Administrative Asst.

9/12/2005

$443.28

Pending

231

Verizon

Telephone

9/12/2005

$73.27

Cleared

232

DC Access

Internet Service

9/12/2005

$381.00

Cleared

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Disbursements

$1,340.83

Final Balance

$34,940.25

Savings Account

Opening Balance

$5,088.33

Receipts

 

Date

Amount

 

Interest

9/30/05

$1.62

 

Other

 

$0

 

Total Receipts

$1.62

Total Funds

$5,089.95

Petty Cash

Opening Balance

$39.12

Purpose
Merchant

Date

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Final Balance

$39.12

TOTAL FUNDS

$40,069.32

 

 

 

 

 

 

 

 

 

 

 

 

Voluntary Agreement between ANC 6D and Cantina Marina

 

AGREEMENT made this 17th day of October 2005, by and between Cleveland Q LLC dba Cantina Marina (the Licensee) and Advisory Neighborhood Commission 6D (the ANC).

 

WHEREAS, the ANC has protested the renewal application of the licensee to the District of Columbia Alcoholic Beverage Control Board; and

WHEREAS, the premises is within the boundaries of the ANC; and,

 

WHEREAS, the parties desire to enter into an agreement commemorating certain understandings regarding the Licensee’s operating plans;

 

NOW, THEREFORE, in accordance of the promises set forth below, the parties agree as follows:

 

  1. LITTER AND CLEANLINESS - The Licensee will take all reasonable measures to ensure that that the immediate environs of the premises are kept free of litter and debris. "Immediate environs" is defined by ABC Regulations as including: "all property on which the premises are located; all property used by the licensee to conduct its business, whether part of the premises or not, including sidewalks or other public property immediately adjacent to the premises or adjacent to the property used by the licensee to conduct its business."

     

  1. NOISE  - The Licensee acknowledges familiarity with and will comply with all noise control provisions of District of Columbia law and regulations, including:

 

Preventing emissions of sound, capable of being heard outside the premises, by any musical instrument or amplification device or other device or source of sound or noise, in accordance with the DC Noise Control Act of 1977 (Public Law 2-53), as amended.  The Licensee agrees to abide by all Alcohol Beverage Control regulations, as amended.

 

Licensee will ensure that any sound and music produced by the establishment is not disruptive within adjacent or nearby premises, be they commercial or residential, within 500 feet of such premises and does not interfere with the reasonable enjoyment of outdoor areas such as decks, patios, of those premises. 

           

Licensee shall make all efforts to discourage patrons from loitering in and around the premises during and after close of business.

 

  1. PUBLIC SAFETY AND SECURITY - The Licensee shall keep a written log of all calls for service when the establishment appropriately asks for assistance from MPD and the Licensee will inform the ANC in writing and by e-mail within a 72 hour period of any such calls.

 

  1. USE OF OUTSIDE SPACE - “Outside Dining” refers to the bar and patio on the side of the building, which is part of the lease premises. 

 

Recognizing that typical large scale busy restaurant noise levels are 60-65dB(A), and in acknowledgement that the community desires to promote outside dining and the use of patios, the Licensee agrees to promote peace, quiet and order in Outside Dining and Patio operations at all times.  Licensee agrees to monitor noise levels during the operation of outside areas and to make any occupancy or operation changes necessary to ensure noise generated by outside occupants does not violate §25-725 of the DCMR at any time during the hours of operation.  Noise levels shall not exceed legal limits when live or recorded music is being played.  The decibel level measuring site shall be the sea wall adjacent to the Tiber Island Cooperative Homes.  

a. Hours of operation for music in outside areas shall be as follows:

                                                                   Sunday through Thursday         Friday and Saturday
Outside Live and Recorded Music             10am --  10:00pm                        10am – 11:00pm*

 

*Music allowed until 12:00am for special events (e.g., weddings, private parties, etc.), not to exceed 6 per year.  Notice of event must be given to the ANC 6D01 Commissioner and the ANC 6D Commission office within one week of event.         

 

b. Sound dampening: The Licensee shall make every effort to dampen the noise levels in outside dining areas.  This includes the use of sailcloth or other material that effectively reduces the sound levels of live or recorded music from nearby residential areas.

  1. COMMUNITY RELATIONS - The Principal of the Licensee will maintain a close working relationship with ANC 6D, the PSA , and the Southwest Neighborhood Assembly by attending at least one of the above mentioned monthly meetings on a regular basis.

 

The Principal of Licensee will personally communicate with leaders of those entities on an ongoing basis, including, at a minimum, the Commissioner for ANC6D-01, the Chairperson of the ANC committee (or committees) with jurisdiction over ABC and/or public safety matters, and the Chairperson of ANC 6D.

 

The Licensee is encouraged to participate in Washington Waterfront Association in an effort to enlist wider business support for cleaner streets and sidewalks, responsible alcohol service, law enforcement activities, and support of SW social events.

 

The Licensee agrees to implement the following policies in order to establish a relationship with the community to promote peace, order and quiet.

    1. All managers and staff will receive training to ensure that local residents have immediate access to a manager on duty to report problems or lodge complaints. A telephone number that will be manned at all times by on duty management personnel shall be made available to the community so that such notifications can be made.

 

    1. The Licensee will keep a written log of all community complaints and provide copies to the ANC upon request.

.

    1. The Licensee will post its license, including this voluntary agreement, its certificate of occupancy, and all other District of Columbia Government business permits in an accessible and conspicuous place and will cooperate with any request for examination of these documents by a member of the MPD, Alcoholic Beverage Regulation Administration staff and ANC6D, as required by law.



  1. ALCOHOL SAFETY  - The Licensee agrees to refuse service to any person who is intoxicated or is in danger of becoming intoxicated. 

 

The Licensee will assure that all alcoholic beverage sales staff will have an opportunity for appropriate training in the sale and handling of alcoholic beverages. The Licensee will also assure that the ABC Board-approved manager has received training of the type offered by TIPS, or other comparable ABC Board approved alcohol awareness and safety training.

Signage encouraging safe drinking and driving will be visibly posted in areas of service and exit for the lounge and sports bar areas of the establishment.

 

  1. The hours of operations shall not exceed the approved hours of alcohol sales, service and consumption.

 

  1. The Licensee will notify ANC-6D in writing and by e-mail of any significant change in the manner of operations at least 30 days in advance of any such application to any Board, Commission or regulatory authority of the District of Columbia Government.

 

  1. This agreement can be modified only by the ABC Board, or by mutual agreement of all the parties with the approval of the ABC Board.  In the case of ANC 6D, if Licensee desires to modify the terms of this agreement, prior to implementing the changes, Licensee shall receive written agreement from ANC 6D.

 

  1. This Agreement will be attached as a condition to the Licensee’s license for service of alcoholic beverages at the premises, and will be filed with the Alcoholic Beverage Regulation Administration.

 

  1. The parties further agree that the failure of the Licensee to adhere to any of the foregoing commitments shall constitute grounds for the ANC to petition the ABC Board for issuance of an order to show cause pursuant to 23 DCMR 1513.5 after the Licensee has been notified by the ANC of any breach or commitment and is given 7 days to attempt reach a mutually satisfactory resolution.

 

  1. Protestant agrees to the issuance of the renewal and withdraws its protest provided that the present Voluntary Agreement is incorporated into the Board's order renewing the license, which order is hereby conditioned upon compliance with such Voluntary Agreement.

 

 

IN WITNESS WHEREOF, the parties have affixed hereto their signatures on the year and day first above written.

 

The LICENSEE:

   Cleveland Q LLC dba Cantina Marina

 

 

By___________________________________

                 Nick Fontana
                 Manager, LLC

 

The ANC:
Advisory Neighborhood Commission 6D

 

 

By___________________________________   
    Andy Litsky
    Chairperson, ANC 6D



By___________________________________

    Max Skolnik
    Commissioner, SMD 6D-01

 

 

 













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

554-1795    FAX 554-1774

office@anc6d.org