advisory neighborhood commission 6b regular … · april 12, 2016 draft agenda 1. adoption of...

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ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

7:00 PM

April 12, 2016

DRAFT AGENDA

1. Adoption of Agenda

2. Community Speakout

3. Community & Commission Announcements

4. Consent Agenda

Minutes

Regular Meeting of March 8, 2016

Special Meeting of March 29, 2016

ABC Committee

ABRA-090884, Rose’s Luxury, 717 8th

Street SE, Renewal of Class C Restaurant license.

Petition date: May 2, 2016

ABRA-026739, Sizzling Express, 600 Pennsylvania Avenue SE, Renewal of Class C Restaurant

license. Petition date: April 25, 2016

ABRA-025153 Aatish on the Hill, 609 Pennsylvania Avenue, SE, Renewal of Class C

Restaurant license. Petition date: May 9, 2016

ABRA-080056, Acqua Al 2, 212 7th

Street SE, Renewal of Class C Restaurant license. Petition

date: May 9, 2016

ABRA-088497, Young Chow Asian Restaurant, 312 Pennsylvania Avenue SE, Renewal of Class

C Restaurant license. Petition date: May 9, 2016

ABRA-008946, Trattoria Alberto, 504 8th


Petition date: April 25, 2016

ABRA-085618, Nooshi Capitol Hill, 524 8th


Petition date: May 9, 2016 Planning & Zoning Committee

BZA 19252, 605 G Street SE: Susan Hillberg (owner). BZA Hearing April 26, 2016

BZA #18770B, Modification of BZA 18770A Order, &pizza, 405 8th Street SE. BZA action date

April 18, 2016

DDOT Tracking #10217573, Elaine’s One (Pineapple & Pearls), 715 8th

Street SE, new sidewalk

café and retractable awning. PSC Hearing: April 28, 2016

DDOT Tracking #123607, Rose’s Luxury, 717 8th Street SE, retractable awning [03]. PSC Hearing:

April 28, 2016

DDOT Tracking #10230326, Beuchert’s, 623 Pennsylvania Avenue SE, new sidewalk cafe. PSC

Hearing: April 28, 2016

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5. Presentations (7:30pm to 8:00pm)

Charles Allen, Ward 6 Councilmember (25 min)

DC Board of Elections: Ms Tamara Robinson, Public Affairs & Voter Outreach Specialist (5min)

6. Appointment of Resident Members

ABC Committee: Robert Cronin 6B07

7. Alcohol Beverage Control Committee (8:10pm to 9:00pm)

ABRA-089011, Southeast Market, 1500 Independence Avenue SE, Change from Retailer B to

Retailer A. Petition date: April 25, 2016

ABRA-000626, Capitol Hill Club, 300 First Street SE, Renewal of Class C Club license. Petition

date: May 9, 2016

ABRA-098286, Hunan Dynasty, 215 Pennsylvania Avenue SE, Renewal of Class D Restaurant

license. Petition date: May 2, 2015

ABRA-078027, Good Stuff Eatery, 303 Pennsylvania Avenue SE, Renewal of Class D

Restaurant license. Petition date: May 2, 2016

ABRA-082062, We, The Pizza, 305 Pennsylvania Avenue SE, Renewal of Class C Restaurant


ABRA-089622, Bearnaise, 313-315 Pennsylvania Avenue SE, Renewal of Class C Restaurant


ABRA-077797, Café 8, 424 8th

Street SE, Renewal of Class C Restaurant license. Petition date:

April 25, 2016

8. Planning & Zoning Committee (9:00pm to 9:30pm)

DDOT Tracking #123437, U.S. Capitol Power Plant, 25 E Street SE, fence over 42” high. PSC

Hearing: April 28, 2016

HPA #16-308, 1101 Pennsylvania Avenue SE (Frager’s Hardware site), concept/additions and infill:

Perseus Realty LLC, Adam Peters, Head of Development

9. Transportation Committee Report

10. Proposed Amendment of ANC 6B Bylaws

11. Financial

Treasurer’s Report

12. Eastern Market Community Advisory Committee Report (March 2016)

13. Hine Community Advisory Committee Report

14. Adjournment

PLEASE NOTE: At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single

Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda were fully discussed at the appropriate monthly committee meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases may be added to this agenda. For additional information, email [email protected], or

visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, May 10, 2016.

Other ANC 6B Meetings in April Executive Committee Meeting

Thursday, April 26, 2016, 7:00 p.m.

Frager’s Hardware Conference Room, 3rd Floor, Hill Center, 921 Pennsylvania Avenue SE.

The Executive Committee will set the ANC’s May 2016 agenda

Outreach & Constituent Services Task Force Hill East Task Force Monday, April 11, 2016, 7:00 p.m. Date/Time TBA

The Hill Center, 921 Pennsylvania Avenue SE Location TBA

Agenda items: DCRA (Director Bolling to attend) Agenda TBA

http://www.ancb6.org/

DRAFT March Minutes


REGULAR MEETING MINUTES

Hill Center at the Old Naval Hospital 921 Pennsylvania Avenue SE

March 8, 2016 7:00 p.m.

7:01p quorum, Hoskins, Loots, Jayaraman absent Oldenburg introduces new commissioner Daniel Ridge, 6b09, followed by round of introduction of ANC commissioners. Adoption of Agenda Oldenburg - We have several changes to make and I will ask colleagues if they have something they wish to change. Samolyk – Ask to remove 19221, 160 N Carolina Ave SE, applicant has withdrawn BZA application. 7:03p - Jayaraman arrives. Oldenburg - Also have zoning case on the agenda need to remove, this Watkins Alley PUD will be deliberated and voted on special call 3/22 meeting. We’ll be putting a notice on a location on the website as soon as we have it. And I would like to add one item, shown as item 12 on agenda. Budget hearing testimony I prepared on behalf of commissioner. Krepp - I would like to add the letter talking about budget for middle schools that I sent out to all today. Oldenburg - between 12 and 13 we will put that down. Loots - arrives at 7:04p. Burger - We actually did vote to put Hill East on Consent. Oldenburg - We will have to move it onto consent agenda.

Burger - I will move we adopt agenda as amended, 2nd Samolyk, 8-0-1 approved. Jayaraman abstains. Election of Outreach & Constituent Services Task Force Chair Oldenburg - I don’t know at this point if we have any nominees for the Chair. I will entertain from my fellow commissioners if there is a nominee. Krepp - I was responsible for getting everybody’s language but not in timely manner. I request we delay until April with understanding we will amend bylaws to accept two co- chairs. Burger - I appreciate the desire to co chair. This is an important committee we use to discuss things we don’t normally fit in others. I guess it is disappointing to see we are going to delay the committee operations. Krepp - Nick I made a mistake I’m sorry. Burger - No I’m not blaming you. It is not all on you. Oldenburg - Maybe we can take a vote on if we want to nominate someone for chair tonight. We will take two votes. Do we have a plan? Hoskins - I would like to nominate Commissioner Samolyk as chair of Constituent Outreach Services Task Force. 2nd Burger Hoskins - Discussion on this is Commissioner Samolyk and I have agreed to function as co chairs but under current by laws we have agreed. So thank you Commissioner Krepp for submitting language to allow co chairs. Oldenburg - All those in favor for Samolyk as chair for Outreach and Constituent Services Task Force - 10-0 approved. Community Speakout Brad Winter - I reside at 806.5 E Street since 1997. My trouble is with my neighbor Café 8. I may not be able to attend due to tax schedule. Two messages. I hope you consider a reduction of their hours and noise they are imposing on neighbors. Rats dying are on parking lot concrete. I appreciate your attention to these matters. I raised my issues with my residents if they could attend, I’ve sat through about 6 meetings last week and have seen the ANC in action. Oldenburg - Brad is my constituent and Café 8 is in my SMD and we will move forward with strong language. I will speak on your behalf if you cannot attend. Larry Johnston - 170 N Carolina SE - During the past month and half neighbors and I have learned a lot about home occupation permits and found out apparently it is possible for 501c3 to own house on the Hill and run its office on a residential block on the Hill, if they have a home occupation permit and it seems that what you have to do to get a home occupation permit is to show that if you run office form a house, residential, you have to show it is a principal residence,

owner or renter in that location. In this case it seems to us that the situation at 160, none of those requirements are being met. We’ve been trying to get a hold of DCRA to address this for two or three weeks. Some of us have been emailing them and not getting any form of response at all. I am concerned that the ANC should be paying attention a little bit as you know the blocks near the capitol building has been suffering from intrusion of businesses for decades and a lot of them are using home occupation permits. Oldenburg - I’d like to ask Commissioner Samolyk to address this. Samolyk - Is anyone from DCRA here tonight? No? I’m not surprised. As you saw earlier I was elected Chair of Constituent and Outreach TF, I’d like to get DCRA to meet with all of you. What I have learned that is if you contest they are rarely overturned. It is only $30 something to get a HOP. One of the first order of business of our Constituent Outreach Taskforce is to address this issue. I hope to pick a time that works for all of you. I was disappointed that DCRA didn’t get back or send a representative. Carol Booker 155 N Carolina SE - On same issue, I would like to express appreciation from neighbors in that area to the commission. By way of demonstration. I would like all people sitting here and in hall way to show you how important it is to us. By show of hands. Alice Randall - Director of External Community Relations for Bases DC, public charter school. Purpose is to spread the word. 40% of student population is from Ward 6. We are hoping to replicate and add pre K to 4 element to two campuses for expansion. All of this will be voted upon by DC charter school board in November. One of the wards we are looking to expand within is Ward 6. Mimi Schochmor - Clinical officer at Community Connection at 8th and Penn. Wanted to let you know we continue to be very interested in building positive relationship with neighbors. We want to let you know we are here and are behavioral health organization. We came to the ANC a couple of months ago re: certificate of need for primary services. I don’t have an update but will expect it by end of this month. Members of staff are here to build good relationship with you all. Hoskins - Can you provide a quick update on security officers were engaged earlier this year? Mimi - We have 3 full time security officer. The ones with vest and visible are still present. 3 full tiem staff supposed to be wearing marked uniform and have certain day times they are patrolling the building and block. We hope people are seeing improvement. Hoskins - At winter seemed like less of presence. As weather warms, please be mindful. David Meadows, CoS to Anita Bonds - We recently introduced legislation - did you know in DC there’s no cap for how much your landlord can raise on your late fees? We are creating legislation for first time setting standards for late fees. We’ve also recently introduced legislation to take vacant and blighted properties in DC, over 3000, let DC retain and let non profits and business corporations revitalize them to reduce the blighted properties. I’m here with Aimee Ochietti, Ward 6 Dem coordinator. This coming Saturday at 10a, near NE library, we’re going to have a session if you want to support HRC or Bernie Sanders, be delegate, come out and we will let you know how to be supportive of one of those candidates.

Rachel Mariman - New Liaison to Ward 6. Frank Maduro and Seth Shapiro have moved on and you will be seeing me a lot. I will look forward to working with you all. 202-538-1241 email: [email protected]. Community & Commission Announcements Krepp - Real fast before everyone leaves from 160 case. I would recommend you pull the hearing minutes from the oversight hearing at DCRA. I recommend you do that, there’s a reason. There’s an individual whose house is condemned and highlighted during oversight hearing with Councilmember Orange. And only response Orange gave him was “where are you living now”. If you have pressure, put pressure on Orange. If my house is condemned, I don’t want to hear from my councilmembers say “where are you living now”. USAO has agreed to meet with neighbors at 1MPD on April 7. Please come to this meeting. I had to fight to get this meeting. They didn’t want to meet you but relented. We need to put in community impact statements. Please come out to meeting on April 7. There’s another meeting coming up. Reservation 13 coming up as well. You will see more information for 2nd and 3rd week of April. I will work to include that on Hill East Task Force. Hagedorn - Rock N Roll marathon is this weekend, please be aware and let us know if you have any feedback. Burger - How many got mailer by show of hand by mail via mailbos. ¼ room raised hands. Jayaraman - Last night in coordination with DC SafetyNet, we launched Safe Routes initiative to address spike in crime that occurs in our area. I’ve gotten a lot of MPD alerts around Potomac Avenue Metro. We know MPD does not have enough officers. Expecting 350 officers to retire putting them in a hole of 500 officers. You can sign up just 1 hour a day, you pick the time to be on watch. Register at DC SafetyNet.org Samolyk - Brent Elem is putting on production of Mary Poppins starting at 6p -730 tomorrow and Thursday night. Please come out and support. Consent Agenda Oldenburg - Do we have a motion to approve consent agenda? Loots move to approve, 2nd Jayaraman 10-0 approved. Minutes of Regular Meeting of February 9, 2016. Planning & Zoning Committee HPA #16-248, 411 New Jersey Avenue SE, new construction (National Democratic Club): Aimee Occhetti & Neal Hodgson (architect) ZC #15-12, 1401 Pennsylvania Avenue SE, letter to ZC on applicant’s supplemental filings of February 11 and February 25, 2016 ZC 16-83 - Hill East Design Review

mailto:[email protected]

Presentations New Initiatives at CHAW: Jill Strachan, Executive Director- We have been at corner of 7th and G SE for almost 44 years. I want to talk about the work we are doing. First, we are very happy Mayor and staff are looking at homelessness within our city and taking on the issue of homeless shelter at the hospital. Youth are placed in summer camps and after school. We are able to give away almost 60K in tuition assistance last year. Even with shelter being torn down we look forward to continue working with these youth. We will also be presenting a photography camp at the shelter during spring break. Best way to find out what we do on our website chaw.org all kinds of activities for children and adults. I also want to mention to ANC6b we are very grateful for getting extension to lease last year. However we are subject to the Landrieu clause. Any old school building, if renter for over 20 years, must be made available to a charter school under the law as it stands. Only way that can be undone and keep our building is for Mayor to make an exception for us. She has to have a lot of information about what Shaw does in our community. I’m sure she will come to you the ANC and we’re talking to CM Allen as well. We got a 5 year extension and 4 years remaining. If anyone is interested in capitol workshop, if you don’t know about us I hope you will discover us. Samolyk - I find some of your service a little cost prohibitive. One child may cost 300 dollars and if you have multiple kids, it gets hard. Have you thought of doing sliding scale charge? I’m glad you’re offering free classes and hope you can also work to address the issue. Schrachan - Tuition assistance is based on need and not income and available to everyone. If family has problem we apply it. Our prices are basically to cover teaching artist and overhead. If you take a look at our financials, we don’t have a reserve and typical non profit in that sense, hand to mouth. I wish it could be cheaper I also think we work really hard at it. If you hear anyone that are saying they can’t afford it, let me know and apply for tuition assistance. We give it to all kinds of people. Krepp - My kids went to Chaw. Happy if you want a letter of support let me know and I’m happy to provide it. Loots - Thank you for being a good neighbor in my SMD. There were concerns in the past to address all issues that were raised by our community regarding transportation matters. Oldenburg - It seems to me this ANC would be very happy to support your retention of the building and it’s a matter of us passing a resolution at some time. It takes one of the Commissioners perhaps Loots, to bring to commission at future date. I’m sure you’ll get the votes. Events DC’s Planned Release of and Review Process for “RFK Study”: Pete Kirschner, Communications & Marketing Director and Caroline Jhingory, Community Engagement Coordinator Kirschner - We operate RFK and DC armory, operate convention center, gateway DC, also building and managing new 5k seat entertainment sports arena in congress heights. This weekend is the RnR Marathon. Start and finish at RFK festival grounds, and hosting Shamrock Fest this year. We’ve been in touch with Commissioner Krepp and Oldenburg with regard to

matters and concerns and implement standard operating procedures to address concerns. Working closely with DPW, WMATA, and MPD to ensure a smooth weekend. RFK redevelopment study, coming back to community 4/4, 6:30p, presenting some concepts for everyone to see, feel, touch and we will have presenters and senior leaders. We encourage all inputs and stakeholders. More information we receive on the concepts the better. Ihingory – Was resident of Ward 6. Happy to be back to serve you. Ridge - Are you going to make the same presentation that you did at 7F? A: We are currently making our rounds. WE’ll go to 7F and other Ward 6 ANCs. Jayaraman - Does one of these concepts include return of redskins to stadium. Kirschner- One concept will have NFL stadium and another won’t. We are going to conceptualize what the 180 acre space could be. There will be various concepts. Krepp - Please make sure your folks have handouts. Multiple copies of what you are and are not doing. I would anticipate questions about cost, but where is money coming from. It would be our hope this wouldn’t be a “here are 2 plans think about it”. I hope you will be ready for in depth questions. Jayaraman - Saw an interesting idea in Colorado this summer. They had a board with concept and simple sticker for people to write and attach to the board. Kirschner- We are going to ask for feedback I like the sticker idea I will bring to our senior leadership. Ridge - What is your budget for mailers? Kirschner- We are currently looking into costs for USPS or Non Profit for delivery to feed local economy; pricing different opportunities. Direct mailers and ads in papers, and all sorts. Ridge - Postage mailings is by far the most effective way to reach people. Jayaraman - Why did you choose Monday 4/4? Krepp - I asked them to. I went through everyone’s calendar. I went through ANC meetings and did my best to help de conflict with other meetings. Samolyk - When do you hope to have this study wrapped up and break ground? Kirschner - Great question to ask the senior leadership and project manager, and architects. Currently we will present concepts. And encourage you to come out to ask that question on 4/4. Appointment of Resident Members

Oldenburg - These are members of community appointed to help their commissioners at committee task force meetings. We have 4 resident members nominated. Tonight we have: ABC Committee: Raman Santra 6B08 and Brynn Barnett 6B10 Planning & Zoning Committee: Amanda Thomas 6B08 Transportation Committee: Carol Grissom 6B08 Jayaraman - I move to accept these resident members and place on appropriate committees, 2nd Loots. 8-0 approved (Ridge, Krepp outside room, did not vote) Alcohol Beverage Control Committee ABRA-079276, Matchbox, 521 8th Street SE, Substantial change due expansion of 1,600 square feet resulting in an additional 45 interior dining seats, 14 bar/counter seats, and six exterior patio seats. Petition date: March 14, 2016 Jayaraman - The ABC Committee recommend approval and support application to their substantial change application. The neighbors may or may not know, they are expanding into space formerly occupied by Las Placitas. After much negotiation we appreciate Matchbox LLC bringing to table some of these best practices to our ANC. Applicant gives signed SA to Jayaraman. Oldenburg - Last month we voted to protest. We vote to rescind the protest before voting to support this would be most appropriate. Loots - I’ll make that motion. Before I do I wish to commend the applicant. This was a challenging situation for everyone to recognize needs and desires of both applicant and neighbors, but also improving overall situation, moving towards collective goal of improving Barracks Row to attain harmonious relationship between business and community. Loots - I would like to move to rescind previous vote to protest the application. Hagedorn 2nd. 8-0 approved (Krepp, Ridge Absent) Oldenburg - Motion from Committee, doesn’t need 2nd. To support and approve new Settlement Agreement. Jayaraman - Madam chair would we consider having community speak if they wish? Oldenburg - Yes we can let’s get this motion forward first. Is there anyone to speak to this. Catherine Sheff 704 E SE - What was the final resolution with regard to delivery in morning hours in residential alley? Jayaraman - What this says is applicant will encourage all 3rd parties…..(reads )….front door…rear alley parking …hours….

Sheff - General clarification - if there are issues, what can we do to resolve them. These are pretty long hours, I’ve had to call DCRA. Loots - Because we have to encourage them to prohibit using alley certain hours and encourage them to use loading zone. The first call would be to me or the establishment and point out that this is not happening and put it on radar screen. At some point if reason to believe they aren’t using best efforts, significant deliveries are made outside of loading zone. We can then put a formal protest into ABRA for investigation. It is more than a please but less than censure. Q from audience, adjacent neighbor to applicant - Since applicant agreed to somewhat more limited hours at 9a which…why did the hours in SA at 7am? Loots - early morning delivery window is essential and they can’t control routes. 7am Q - so we are back tracking… Loots - I don’t think we are. Matt Cutler - 400 S. Carolina - I thought was commercial parking available, it will be used first. It sounds like it will be attempted. Loots - It means if they can they will. You can’t park in the back until you find out there’s a spot in the front. We will start dialogue with DDoT to make whole street as commercial loading zone in the morning. That’s how we’ve approached that issue. If you have reason to believe they aren’t honoring that agreement there’s recourse to file for complaint and protest of SA. Cutler- If we don’t write it in SA, my concern is from experience, neighbors have limited recourse. Loots - ABRA generally enforce driven by people most effected. If we insist in enforcement we have influence on that process. They have task forces on call that will be there 30 minutes and I’ve met them at establishment within 30 minutes of 11p call. It does happen. Cutler - We had someone here earlier concerned about Café 8. Why aren’t they able to get ABRA to respond? Oldenburg - They have been responding. Loots - Also a different SA. Jayaraman - That SA doesn’t go into the depth into this one. One thing I have said is I intend to apply the same standard to Café 8. Oldenburg - This is a Settlement Agreement, negotiated agreement. You get some things you give up some things. Cutler - We gave up quite a bit. Assuming for moment we are successful and designated 8th street as loading zone. Do we have recourse to go back to SA to make it more defined?

Loots - If 2 parties are willing to renegotiate. We can do that. Audience member - This was a major concern from all neighbors and residences and that is one other problem; potentially doesn’t get us anywhere near close to solving it. Loots - Having a prohibition of using alley in certain hours and delivery in front. My goal is in several next months, to bring conformity to get everyone in line on these things so you won’t have to worry about everyone else as well. Once we have consistency, we will get improvement. I really do believe moving deliveries from alley to 8th street is a huge step forward. This is first restaurant to do it. We will get rest to do it as well. Herman - There is loading zone already on 8th down from Matchbox. We tell our vendors if loading is available use it. Vendors like to load from front. If more join us the merrier. We don’t want to load in alley. Oldenburg - The motion is to support the substantial change and new SA. All in favor? 8-0-2 approved (Ridge, Krepp, abstain). Planning & Zoning Committee Support for Watkins Elementary School Modernization Project Burger - Committee voted to recommend to write letter. I believe we have someone from DPR. WE don’t have representatives from DGS and DCPS and I want to read something from Patrick Davis at PZ Meeting last week. Reads from email: WE are also committed to working with budget. Modification to gym is not designed to take additional time. … Williams - I am here to answer questions on programming. Samolyk - Is there any other facility on Hill with full size gymnasium? Are we lacking a full size gym in our ward? Williams - We have Sherwood, Rosedale that we currently have. Eastern Sr. High is closest to a full size gym to here. Ridge - One of the things we heard was the pool and DPR keeps no use numbers for that pool. I would like to have DPR to disclose use numbers for any activities in program for facilities - those that are co located space? Williams - One is the only facility by DC public, library, Parks and Rec, School. School has primary usage of that space, gym is turned over at 6p. Let me follow up with you on utilization and specific numbers you are looking for. Ridge - I’ll take the numbers you have and share with neighbors.

Williams - Our director fully supports having a full gym pending resources available. The pool is only used 3 months a year. I understand; my kids attend Watkins. Greg Frain - lived on Hill for 40 years. I would like to put this issue in perspective. Original Hine school had a rec center too. For years we were able to get space at that facility, wrestling, indoor soccer, volleyball, etc. DPR decided it wasn’t used fully for some reason and closed it down. The closest is Shepherd facility long away from here. Over the years after applying for Shepherd facility, it never seemed to be available to us primarily because of the DPR program that they are running from Shepherd. We do really need a place for a full size gym here on the hill. It would be ashamed if we don’t do it. Oldenburg - I’m very supportive of the letter we have, however I’m not in support of messing with schedule of construction that is due to start from spring to summer. I’d like to see in letter for us to say we are talking about a phase II funding for this. To allow current plan to go forward. Burger - I’m certainly with you in spirit. I don’t think anyone wishes to see this whole effort jeopardized by delaying. We fully support this effort and done in way that does not adversely impact current existing schedule. I don’t want to pre commit to 2 phase plan. Samolyk - What about a grant like CSX grant? Oldenburg - We are talking big bucks here. Kevin Williams - Parents of 2 at Watkins Elem. I’d like to remind the ANC particularly with respect to data use, we have been asking DPR and DGS since February of last year specifically related to pool. We didn’t want to displace community members in exchange for full size gym so we understand this issue. DPR will not be able to provide info they told us last week they do not collect info at the pool. DPR’s master plan includes a map showing each neighborhood district with rec facilities so one can see where current is located and how they are serving community. I don’t think question is if other centers are serving neighborhoods but rather this one is serving our community here. With DPR’s own master plan this district has a .07 rating well below 1 sq ft resident need data goal. If I may address commissioner Oldenburg’s comments about being delayed. The parents are very well aware of timing but we have been raising this issue with DGS, DPR over 16 months. With respect to funding we have been aware as well, e.g., Hine, has long been delayed in remodeling. Our community is very aware of many needs across the city and choices made by mayors and councilmembers. Krepp - I support this and agree. We can’t take from Peter to pay Paul. I can’t support taking money from another school for this school. There are schools that desperately need bathroom renovations. Ridge - I will say thing that struck me at last meeting. We are looking for full size gym operated by DPR but simultaneously same DPR doesn’t keep use number. Neighbors feel are not a good partner now to get use number. Oldenburg - Would like to move to amend the letter to take out one word (planned) from the last sentence and pose it as friendly. Without objection.

We have amended motion from committee. 10-0 approved. HPA #16-246, 328 D Street SE, rear addition/concept: Andrew Devine & Nicholas Barron (owners); Frederick Taylor (architect) Andrew Devine - We sent emails to all three neighbors and received responses from all of them and we have no objections. Hoskins - Thank you so much for doing that outreach. Owners are offsite. Thank you for doing that. Contingency has been satisfied. Oldenburg - motion is to recommend and no need to 2nd. To support this HPA application 10-0 approved. BZA 19206, 1300 Pennsylvania Avenue SE: Todd Ragimov. BZA Hearing March 15, 2016 Ragimov - We bought this property November 2014, right now it has one commercial tenant with lease of whole building. We have been getting comments and feedback from neighbors; positive comments about getting nicer tenants. We put together numbers to break lease, put property on market, wait 6-12 months, customize building, etc. Maybe we can bring more income by adding another level to bring in more residential tenants. Today here with me is Denise Daniel our neighborhood outreach person and Toye Bello he is our Zoning Expert. He will help present my case before BZA. Last week I had comments the rendering doesn’t represent actual design. We changed it. Also another comment on relief justification. One of the attachments has information on relief justification to go in front of BZA. Also in front of you is a survey we distributed to 80 plus residents. We got 11 responses back. All neighbors want that corner to be improved with facelift, all support upgrade. Based on feedback we put together bullet point of summary of comments that is also in front of you. Burger - Do you want to talk about zoning relief? Bello - Good evening. The application is requesting relief of percentage of lot occupancy, FAR, parking, all of those are driven by that fact that property is 100 percent improved. Applicant has right to construction .5 FAR residential. We are actually replicating the floor that exists and create 3rd floor residential use. In this particular case, the extraordinary case is existing condition of property that results in difficulty to owner. There isn’t much they can do without getting BZA approval. Jayaraman - I see on A1 there’s a restaurant plan on ground floor. It looks like plans you have to go outside to go put trash in restaurant. Ragimov - It is for residential tenants. We can work out the details as we go before BZA approval. We are suggesting commercial tenant to walk inside? Jayaraman - Yes inside. Where cooking area is, put in scrubbers to put in exhaust. I don’t see where that is going in.

Ragimov - I definitely want to put that in. We don’t have tenants right now. I will break the lease we will put dry wall, we don’t know if the tenant will be cooking, typing agency, coffee shop, we don’t know who will be the tenant. Jayaraman - I still think indoor access trash is critical. Ragimov - Yes I understand definitely we can put plan submitting DCRA we can make sure commercial tenant access trash from inside door. Jayaraman - Please if you are going to renovate building, build scrubber in now so it will give you the type of customer you want in place. Samolyk - They are expensive. Depending on the type of restaurant… Loots - They don’t know yet if there’s a restaurant. So you leave that space to install if you have that type of tenant. Burger - Move that the ANC support this application, specifically recommend express ANC’s support for scope of design of the project noting by right FAR for 3rd story would not be keeping fabric of neighborhood….. The idea that hopefully BZA will support this. BZA looks very critically at FAR relief. Thus we want to support this aspect of the relief. Oldenburg - I’ll 2nd that. All in favor of motion 9-0-1 (Loots abstaining) BZA 19221, 160 North Carolina Avenue SE: Aaron Presnall (owner). BZA Hearing April 19, 2016 WITHDRAWN ZC #16-03, Hill East Design Review: Larry Clark, Donatelli Development. ZC Hearing April 4, 2016 Note: The following case will most likely be removed from the March 8 agenda so that it can be considered in full at a Special Call Meeting on March 22, 2016: ZC #15-13, Watkins Alley, 1309-1323 E Street SE and 516 13th Street SE. Sean Ruppert, OPal. ZC Hearing April 4, 2016 (Consolidated PUD & Related Map Amendment from C-M-1 & R-4 to R-5-B, 1309-1323 E St. & 516 13th St. SE (Sq. 1043, Lots 142, 849-851 & 859) – Ward 6) 10. Transportation Committee Letter to DDOT on Curbs Needing Repairs After the Blizzard of 2016 Oldenburg - Motion comes from committee. We have letter on file. We only need to add more curbs if anyone has any to add. I’m not getting this letter out this week, we can hold it for more time to assess, if other people need to find curbs to fix. All in favor of sending letter to DDOT? 10-0 approved. 11. Financial Treasurer’s Report

Oldenburg - Question it lists 3 checks. No indication of what the checks are for. Hoskins - Copies for Hill East Task Force - One was check to you (Oldenburg) for copies for HETF, one for Brynn Barnett for Copies as well. $180 was final payment to Hill Center. Oldenburg - thank you very much. Approval of ANC 6B Budget Hearings Testimony Oldenburg - This is one I wrote to look ahead to get money for SE Blvd. Chao- What is deadline? Jayaraman - Wednesday April 6 and DDOT is for 8th. (discussion on time frame, study, funds) Oldenburg - all in favor? 9-0-1 (Chao abstain) Letter to Mayor’s Office on Eliot Hine and Jefferson Schools Infrastructure Krepp - Letter for Eliot Hine and Jefferson Re: Infrastructure, Ivan took the lead in doing this; he’s been very supportive of keeping kids on capitol hill and not be dispersed. Krepp - I’d like to move that we send the letter with change of 2016 date to the Mayor’s office. 2nd Loots, 10-0 approved. Eastern Market Community Advisory Committee Report (February 2016) Oldenburg - Reports are in packet. (No comments/discussions requested.) Hine Community Advisory Committee Report Hagedorn - Quick comment - since I sent out the report, I had a lot of instances of complaints of parking availability. 300 block of 8th street has been taken over 7 days a week. They bought the meters from the City. Why they needed on Sunday I don’t know since they aren’t allowed to work on Sunday. They are now using cement truck staging in no idle zone though they must idle because they can’t stop rotating. The 200 block of 8th street has been complaining of condition of roadway. Potholes, cracks, due to weather and wear and tear. Oldenburg - That would be through DDOT have you had any comments? Hagedorn - No not yet. Started last week 630am Saturday lining up in the morning. Hoskins - We might have a motion next month. Adjournment

Burger - We had a very good Watkins Alley PUD Meeting here and worked out a lot of details are in home stretch. On the 22nd of March I want to at the special call meeting the goal to have draft MOU documents a week before that meeting. I would really appreciate to review them ahead of time and send comments, questions ahead of time so we can minimize comments and redlining at the meeting. I’m all ears if you have questions or comments. Hoskins – Raising the issue of rat abatement. Jayaraman - Moves that ANC 6B adjourns until Tuesday April 12th.

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DRAFT SPECIAL CALL MTG MINUTES


SPECIAL CALL MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

March 29, 2016

7 pm to 9pm

AGENDA

7:05p Oldenburg - recognizes quorum. Oldenburg, Burger, Chao, Hoskins, Hagedorn Ridge present.

1. Adoption of Agenda

Chao - move to adopt agenda, 2nd Burger. 6-0 approved.

2. ZC #15-13, Watkins Alley, LLC. Consolidated PUD & Related Map Amendment from C-M-1 &

R-4 to R-5-B, 1309-1323 E St. & 516 13th St. SE (Sq. 1043, Lots 142, 849-851 & 859) - Ward 6.

Hearing Date: April 4, 2016: Sean Ruppert, OPal, and Cary Kadlecek, counsel

Burger - Asks audience if attending wishes for update. Last week, discussed extensively MOU and benefits and

amenities package OPal put forth. There has been clarification on house numbering but nothing on benefits package.

There have been updates on benefits package that will be discussed as well as recognition of a resident’s letter on

13th street, about the MOU, which requests:

1. Item 8 - Expand window cleaning to rear properties and include 520-528 13th Street SE at end of

construction. Add under item 8.

2. Item 22 - Request to clarify that camera will include recording capability. The condo association would

determine, but probably stored with mgmt. company or in the cloud, and as well, maintain to ensure ongoing

recording.

3. Item 28 - Having designated space of moving trucks on north side of carriage house for resident move in and

outs. Under 50 units not required to have a loading plan, but Opal can add plan to reflect loading area.

Burger - Anyone else have questions or comments? (No one on panel) Anyone else in audience on MOU? (from

audience - thank you for incorporating).

Ruppert - Gives overview of benefits package:

Out of 5 affordable homes, 4 will be sold 50% of avg income and 1 sold at 80% of avg income. One one level senior

housing. Refurbish treeboxes along 13th Street. Painting of light post at 13th. Surface the alley on western portion

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(25 foot that dead ends carriage house). Build entire project to new LEED Silver standard. Cameras and mirrors

throughout project. Snow removal to alleys as part of condo association. 4 designs for lady bird park. To replace

fence at Potomac Gardens, beginning G Street SE. Memorial for Will Hill Commissioner. Contribution to

SafetyNet’s Safe Routes program. Shared amenities with insight development and cas riegler to refurbish space

above Metro station at Potomac Ave.

Jayaraman - Arrives at 7:18p. Thanks OPal for supporting Safe Routes program.

Burger - was thinking senior housing unit might be interesting to combine with IZ unit.

Hoskins - I would not support it because it is not affordable housing unit.

Burger - I would like to understand if long waiting list for affordable housing has any older residents. If there are

older residents waiting to get into affordable housing units, then it might be advantageous to apply senior housing

modification to one of the IZ units. Senior housing is great. But building one unit does not mean will be sold to

seniors. That senior unit can be easily be sold to a non senior household. If there is a low income family that has

older resident, then it might be feasible to ensure senior housing design unit is put into hands of a household that can

benefit from those features. I’d like to see if there’s demand.

Hoskins - I hear that but we are talking about 6 units v 5 units. What you are proposing is 5 units - IZ.

Burger - the senior unit may actually be more costly, depends.

Oldenburg - I think you’re overly complicating this. I understand what you are trying to accomplish but it over

complicates this and perhaps it will present 5 special/units instead of 6 special units. I can’t support this.

Jayaraman - Universal design by nature isn’t just for seniors but also beneficial for people with disabilities. Limiting

to senior only if we’re going to do it, maybe we keep it open to senior and people with disability so we have greater

chance.

Burger - That’s the argument I am making. If we build a market rate unit with universal design. That unit will be

sold at high price point with no low income opportunity.

Architect- The IZ units are multi story units. Discussions with Sean, one of the flats would not make sense to make

multi floor. Changes making to senior unit aren’t major but small. Will be marketed as senior, but more than likely

there will be more than one unit that includes senior unit features.

Burger - I see a lot of residents being priced out, who are getting older in Hilleast and I am concerned and want them

to able to stay in our neighborhood.

Hoskins - I would support it if it were additional.

Oldenburg - any other questions about the MOU or Proffer? (no) In audience?

Sharon Ryan - top of fence, how would that be? Did PG request it?

Burger - the curl will be cut off and decorative finial inserted on top.

Mike Steinman - I sent you all an email on March 20th, representing some officers of condo association on 13th. We

think Opal is terrific. Our issue of concern is we had difficulty of thinking about isolation of projects of PUD

adjacent. E.g., Buchanan School. Each project has great proposals. Difficulty is that they aren’t being considered in

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whole. DC comprehensive plan in section on PUDs talks about importance of review process to assess impacts of

PUDs on each other. Traffic, vehicular and pedestrian, Opal will build 44 parkins spaces, Insight with 150. Lots of

vehicular and pedestrian traffic on north side of the thru alley. We aren’t suggestion Opal change location, entry

ramp to garage but like to see a shorter route to the street. We would like to see curb cut on E Street to get into the

garage that way. It would cut significantly traffic on thru alley. We would request you ask in your approval

document to Zoning, you ask Zoning to consider curb cut on E Street SE.

Burger - We had lots of conversation about project and potential impact on traffic. We’ve done a lot in MOU to do

best job we can to manage traffic with transportation approach that was proposed. We’ve also, as you know and

have participated in these conversations, DDOT is vigorously apposed to curb cuts and they are pushing that if alley

system exists, deny curb cuts.

So I’m fully in favor to doing everything we can to coordinate among these projects as we have done with our MOU,

to address safety for all users in alley as well. As someone who livnes on that E street block, and walks daily, I like

the idea of removing as many curb cuts as we can. Benefit of more street parking in the rear, can keep parking

spaces without curb cuts.

We are creating pedestrian route through cap hill that currently does not existing; coming down Buchanan, down

pedestrian walkway. The back corner of that alley won’t have vehicular traffic is a great area to have community

activities, e.g., space to use picnic tables, etc. From a pedestrian safety perspective, few points of cars and

pedestrians interacting, safer for pedestrians. With curb cut, you increase interaction.

Steinman - you said that DDOT / ZC only approve curb cuts after looking at situation?

Burger - when there’s alley system, DDOT doesn’t approve curb cuts.

Steinman - that sounds robotic, there’s incredible amount of land use, density, traffic pattern. If someone’s done

analysis that it would be safer for alley, I’d love to see it. I ‘m just hearing DDOT won’t approve it.

Ruppert - DDOT wouldn’t entertain meeting about curb cut that would be a waste of time. I thought I forwarded to

you.

Steinman - Yes I saw that.

Oldenburg - I think it makes it a much better project to not have curb cut. Aesthetics on E Street, having that gaping

space for vehicles, I don’t know what that does to design…

Ruppert - Office of planning and zoning wants townhome looking and residential looking. Putting curb cut makes it

unique itself. It wouldn’t work with our garage. We use the southern courthouse for garage….it certainly wasn’t

done in a vacuum.

All you have done is move traffic into the alley. We are increasing problem for pedestrians.

Patrick ? - As someone who goes back and forth on that alley, one thing we might ask is what sort of remediation for

speed. We have to squeeze in to allow cars and trucks to go by. Traffic calming measures? Balance cars, bikes,

pedestrians.

Burger - I don’t think putting curb cut there is going to solve pedestrian interaction issue. I think what we need to do

is to focus on best manage alley traffic. Nothing this project does will prevent pedestrians and cars using alley.

Most pedestrians will come through via E Street. If pedestrians go down the alley, we make sure it is safe as

possible, it will have most benefit for all users. I know you guys don’t subscribe to that view.

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Jayaraman - is it possible to do bike lanes, or pedestrian lines so drivers know this is the path, etc.

Burger - that’s what insight has proposed. He’s going to have to repave north part of alley so making sure striping

that way, the connection between two courtyards. Visually connect two courtyards.

Burger - Move ANC support Watkins Alley PUD, sign the MOU as revised this evening and send letter to zoning

commission detailing support for project and authorize chair to designate someone to testify in front of ZC on April

4th. 2nd Ridge. 7-0 approved.

3. Adjournment

Oldenburg - thanks to all neighbors, developers, participants for being here tonight.

Burger - there’s been a lot of meetings, this is not the last meetings; we’ve more process to move through with the

developer.

Oldenburg- will revised proffer be submitted before the end of week?

Ruppert- Yes.

Meeting adjourned 7:49p

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Alcohol Beverage Control Committee Meeting

Hill Center at the Old Naval Hospital 921 Pennsylvania Avenue SE

Lincoln Room, Room 211

March 3, 2016, 7:00 p.m.

REPORT Attendance: ABC Chair-Jayaraman, Commissioners Hoskins, Samolyk & Oldenburg (at 9:10 pm). Resident Members: Raman Santra, Brynn Barnett, two future resident members, one in the audience and one non-voting at the head table.

I. Approval of the Agenda Motion to Approve Barnett (Samolyk 2nd)

Motion Passes 5-0

II. Discussion of Class Change application by SE Market 1. ABRA-089011, Southeast Market, 1500 Independence Avenue SE, Change from Retailer B to Retailer

A. Petition date: April 25, 2016 [10] Applicant presentation: rationale for change –

Corner market for 3-4 years, part of the community, add value

Grocery store, neighborhood convenience, variety of food items

7-11 huge detriment to the future of their business

Have sold beer and wine. Having liquor license will give advantage to keep business going Chairman acknowledged 7-11 poses danger of undercutting livelihood Requested comments on SA from applicant:

Concerned about 2B & C.

Resident Member Raman Santra (RM Santra) noted the presence of the language in statues

Currently Applicant does sell two-packs, which is allowed under 2B.

Comm. Hoskins explained that the same language was included in the SAs of other 6B Liquor Stores.

Neither committee or applicant wants to sell singles, small bottles, but concerned about language in 2C;

Chair assured applicant that intent is only to ban single sales. Will work to correct language to be amenable to both parties

Chair noted SA pg 2, hours of operation and, having consulted with ABRA, Chairman informed Applicant that they were allowed to apply to ABRA for extending their hours to that permitted under the SA.

No Comments from audience Motion Chair: Recommend that ANC 6B support the application for a new license (Class change from A to B) pending the receipt of a signed SA with clarification of the language.(Barnett 2nd) NOTE: Not on consent agenda b/c of language change needed in SA);

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Motion Passes 5-0

III. ABRA License Renewals (60 min) 1. ABRA-090884, Rose’s Luxury, 717 8th Street SE, Renewal of Class C Restaurant license. Petition date:

May 2, 2016 [03]

Applicant: Don Silverman

Straightforward renewal, no changes proposed. Comm. Loots e-mailed the Chairman that existing SA was appropriate and recommended no changes. Received commendation from ABRA on performance

Chair question about trash storage. Applicant stated that there was no room in P&P trash storage for RL trash. Use roll up door at RL. But RL trash practices have had no issues. Chair noted a problem at one point which seems to have been addressed and appreciates commitment.

No comments from community

Motion Hoskins: Recommend that ANC 6B support the application for renewal with no modifications to the existing SA and place it on the consent agenda (RM Santra 2nd)

Motion Passes: 5-0

2. ABRA-026739, Sizzling Express, 600 Pennsylvania Avenue SE, Renewal of Class C Restaurant license. Petition date: April 25, 2016 [02]

Applicant: Gary Hang

Hoskins discussed trash concern communication. Applicant took action. Hoskins requested ongoing focus on trash issues going forward. Chair: small edit to remove reference to “sidewalk services” in SA. Upon discussion, rescinded request to change.

Not comments from community

Motion Hoskins: Recommend that ANC 6B support the application for renewal pending receipt of a signed SA and place it on the consent agenda (Barnett 2nd)

Motion Passes: 5-0

3. ABRA-025153 Aatish on the Hill, 609 Pennsylvania Avenue, SE, Renewal of Class C Restaurant license. Petition date: May 9, 2016 [02]

Hoskins discussed new clause re: delivery vehicles not using residential spaces. Other aspects of SA remain same. Chair recommends addition to hours of operation “and sale of alcohol” to SA

Motion Hoskins: Recommend that ANC 6B support the application for renewal with the minor modification to the SA and pending receipt of a signed SA and place it on the consent agenda (Santra 2nd)

Motion Passes 5-0

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4. ABRA-080056, Acqua Al 2, 212 7th Street SE, Renewal of Class C Restaurant license. Petition date: May 9, 2016 [02]

Hoskins noted neighbors input of no issues re: trash, etc. Acqua is a good neighbor. Chair discussed clause re: extended hours when ABRA or Council permits extended hours for Inauguration, NYE that is not in current SA. Applicant amenable to addition of such language; Hoskins will work with applicant


Motion Hoskins: Recommend that ANC 6B support the application for renewal pending receipt of a signed SA with the discussed change and place it on the consent agenda (Samolyk 2nd)

Motion Passes 5-0

5. ABRA-000626, National Republican Club of Capitol Hill, 300 First Street SE, Renewal of Class C Club license. Petition date: May 9, 2016 [01]

Samolyk met with Club, drafted new SA that includes extended hours. Applicant needs to correct with ABRA. Positive comment about Club being a good neighbor.

Motion Samolyk: Recommend that ANC 6B support the application for renewal pending receipt of a signed SA (Jayaraman 2nd)

Motion Passes 4-1

6. ABRA-088497, Young Chow Asian Restaurant, 312 Pennsylvania Avenue SE, Renewal of Class C Restaurant license. Petition date: May 9, 2016 [01]

Samolyk: great neighbor, heard no complaints. Community member noted support and thanked applicant. Wayne Sultzer noted trash compliance/no rat issues. Applicant states trash picked up 3x week, recycling 3x week. Trash stored in parking area behind restaurant.

Motion Samolyk: Recommend that ANC 6B support the application for renewal with the minor modification to the SA (#patrons 54) and pending receipt of a signed SA and place it on the consent agenda (Hoskins 2nd)

Motion Passes 5-0

7. ABRA-098286, Hunan Dynasty, 215 Pennsylvania Avenue SE, Renewal of Class D Restaurant license. Petition date: May 2, 2015 [01]

Samolyk clarified items for standard SA: number of patrons (100). Trash, recycling 5-7x/week but contract is held by the landlord and not the responsibility of the applicant.

Chair asked about frequency of grease collection/disposal. Applicant states that it is checked and serviced every 2-3 weeks. Correction to SA to “at least once a month” Chair noted cleanliness of grease container/needs more attention. Hoskins requested photos be brought to ANC meeting.

Chair – 4c does not apply. Chair – 4E requires clarification; 4J – power washing; landlords need to label trash containers for each establishment

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Motion Samolyk: Recommend that ANC 6B support the application for renewal with modification to the SA, presentation of photographic evidence of a clean grease receptacle and receipt of a signed SA (Hoskins 2nd)

Motion Passes 5-0

8. ABRA-078027, Good Stuff Eatery, 303 Pennsylvania Avenue SE, Renewal of Class D Restaurant license. Petition date: May 2, 2016 [01]

9. ABRA-082062, We, The Pizza, 305 Pennsylvania Avenue SE, Renewal of Class C Restaurant license. Petition date: May 2, 2016 [01]

10. ABRA-089622, Béarnaise, 313-315 Pennsylvania Avenue SE, Renewal of Class C Restaurant license. Petition date: May 2, 2016 [01]

Applicant: Stephen Whalen, Micheline Mendelsohn, John/Dir Operations

Chair requested info about trash management plans/practices. Applicant stated that they have purchased a walk-in cooler to hold nearly all of the trash generated by the three establishments. Walk-in cooler can’t hold all trash for all 3 businesses but will try to get more trash pick-up. Have also ordered double-tall trash receptacles. Height of walk-in is bigger. Still need 2x day pick-up.

Chair noted that the trash situation and showed a recent photograph of overflowing dumpsters. Mendelsohns have asked for two companies to make the trash situation better. Mendelson says they moved the grease bin to behind Béarnaise. Chair asked if they can put indoor grease bin. Ugly Mug able to so using a company that pays to take grease away and the unit they use fits within the restaurant.

Chair states that rats love grease. Trying to fix.

Neighbor stated that they have been dealing with issues since 2013. Mendelsohn’s counsel, Veritas, has threatened lawsuit for talking negatively about restaurants. Mendelson said letter was in response was to picket and put flyers. It is ongoing issue. Took over Thai Roma and Greek place that was disgusting for 40 years. Over a month cleaning those restaurants. No rats in restaurants. Trying to work with Silvia for things to make a difference. Applicant has invested $17,000 for the refrigerated trash container.

Neighbor asked applicant to take down fence. Neighbor has been unable to use yard for 2 years because of rats and flies. Not interested in plan. Trash bins overflowing this morning. Heard it for 2 years. Rats digging under his house and costing thousands of dollars. Have video of birds eating the trash. Applicants agree that they have overflow. Trash companies are the ones dragging trash. Power washing at least once a day. Another issue is that applicant has to get out of contract before starting with a new trash disposal company (Bowie). There is overflow. Santra asks if there is a 3x day trash pickup possibility. No.

Hoskins disturbed by photo of overflowing trash. This is not acceptable and generate more trash than capacity. You are responsible. Not a new responsibility. Upset. Can’t expect business. Would never support. If I lived near this, I would not.

Monn, owner of 306 C St. Adjacent to alley, sent a letter saying she was going to picket. Cannot keep long-term. Company they hired damaged her house. Contractor on retainer to fix things that vendors

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damaged. Owner has contract to do rat-proofing, but smells like zoo because of rodent urine. Appreciate what tries to accomplish. Lost tenants. Odor is rats.

Silvia is owner-resident nearby. Micheline and family have been in touch to set up way to communicate with neighbors. Good start, things have fallen apart. Dumpsters are a problem. Silvia clarifies a few point of fact. Linda Elliott has talked about best practices in regards to trash management. Best practice has to be do with containment. Best practice is to contain trash and grease inside building because harder for rats and will take better. Concerned for grease. Two days of grease. Chair comment on trash enclosure. Think it is very tight. Likes indoor trash storage.

Micheline says they ordered cooler in November. Busy season. Now moving to double units. Micheline did not consider double trash units because November because they were not expecting such a high volume of customers until later in the year. Micheline says they took away 4 out of 5 bins. Chair shows photo of overflowing recycling. 2 recycling bins and dumpsters. Hoskins says it looks like no one is breaking down boxes. John has been hired to take care of issue.

Samolyk recounts history and discussions from previous meetings. Micheline said they looked at indoor trash room from District Taco. Samolyk continues to recount history. Says she sees an improvement. Understands that neighbors for ANC do not want to support application. Veritas lawyer understands and expresses the willingness to talk. Says that they are not really ABRA issues. Focus on settlement agreement and alcohol licensing. Samolyk references breakdown in communication.

Martin Wahl. Live on 6th Street. Very disturbing to threat to hear lawsuit. Eaten at all three places. Wish success.

Chair would like actionable steps to mitigate overflow. Puts that onus on John. Would like to see concrete things to prevent that. Hoskins need additional capacity, resources, etc. to have fighting chance. Chair offered to speak with adjoining property owner but needs contact information from Micheline.

Wuhan talks about dead rats and flies stuck between fences. But chain link fence is adjoining. Mendelson happy to take mesh down, acts as ladder. Applicant states Ecolab is rat abatement that comes twice a week to each of restaurants. Put out bait boxes between BB&T near sidewalk patio and out back. John says there is very low food cost with no waste, it is coming left from customer’s leftovers

Samolyk asked about the PCU unit. Applicant said it was not feasible. Wuhan talks about enzyme that eats food. Mendelson said PCU unit would cost $75,000. Chair cites recent &pizza who said that total PCU cost including installation is $35,000-$40,000.

John says he is working with Captive Air, bring new fan on to the roof. Windbands catch the grease and filters instead of getting it out in the air. Hoskins said grease is different than odor. Applicant says they will work with Captive Air. Resident says rats are attracted to smell. Chair acknowledges no 100% solution.

Grease in the rear area: Micheline says the “drain” is a catch basin where water goes when they power wash but no one claims ownership. WASA says they will not go there because they claim it is private property. Silvia says it is the drain for the alley. Said that drain never flooded until last 5-10 years. Construction worked one time. Says they should not fill it up. Need to get surveyor in figure out who is

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responsible. Applicant says it is 7-12 feet deep. Oldenburg suggests getting the Office of Surveyor involved to establish boundaries.

Hoskins says she would oppose it. Tuesday is full vote. 5/2 is petition date. ANC has to file a petition. Our ANC does vote. Hoskins would file a protest. Samolyk said that the petition date is May 2 so ANC 6B could protest but withdraw before hearing date.

Chair explains the options 1) retain ability to protest we must send letter by 5/2 that we support or protest 2) we protest but we can withdraw before hearing date. Other option is a mutual agreement for delay in petition/hearing date. Means there is no vote to protest or support. Still would have to file a protest 5/2. Santra asks if neighbors will be protesting.

Mendelson says that Pret a Manger is the issue. At one time it was open such that trash and grease trucks would pick up from 3nd Street side but they have installed a fence and prefer to keep area for parking.

Motion Hoskins: Recommend to ANC 6B that we protest the renewal of the liquor license for Good Stuff Eatery, We, The Pizza, and Béarnaise due peace, order, quiet, litter, citing statutes. Oldenburg make as friendly motion that Chair is authorized to designate a representative (Samolyk 2nd)

Comment: Mendelsohn’s lawyer agrees that there will be a consent order.

Chair repeats motion: Motion is to recommend to ANC 6B that they Protest the three applications due to peace, order, and quiet including noise and litter concerns due to extensive concerns by community and that the Chair may designate a representative of the ANC for the protest hearing.

Motion Passes 4-0-1 abstaining by Oldenburg.

11. ABRA-008946, Trattoria Alberto, 504 8th Street SE, Renewal of Class C Restaurant license. Petition date: April 25, 2016 [04]

Oldenburg stated that no representative for restaurant can come tonight. Retention of settlement agreement existing but it has been rewritten to incorporate latest round. Signed by establishment.

Chair asks for comments but none received.

Motion Oldenburg: Recommend that ANC 6B support the application for renewal with no modifications to the existing SA and place it on the consent agenda (RM Santra 2nd)

Motion Passes 4-0

12. ABRA-077797, Café 8, 424 8th Street SE, Renewal of Class C Restaurant license. Petition date: April 25, 2016 [04]

Oldenburg introduces owner. Chair met with applicant in November and produced new settlement agreement. Owner decided not to go through with license. Oldenburg has been meeting with owner and have met soon. Oldenburg understands from Chair that changes be made to draft. Winter, abutting neighbor, has been involved and is here. Suggested some changes to settlement agreement. Endorsement to summer garden, not the same as certain hours. The application reflects current hours.

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Oldenburg supports this pending agreement.

Chair had verbal understanding of building a trash room using part of parking space area. Asks if have spoken with property owner. Applicant states that property owner agrees to building a trash room.

Applicant said DOH wants to do it right. Calculating cost. Working on, want to do right thing, and spend money wisely. Says hours are less than rest of block but wants to work with neighbors. Oldenburg says applicant will consult with neighbors and ANC on design on features. Chair has no desire to micromanage process. Chair would propose language about indoor trash room. Means for venting. Chair mentions other options that we can share. Applicant mentions cement.

Mr. Winter proposes some suggestions. Back of property abuts. Discusses rat issues. Mr. Winter states summer garden-weren’t used lawfully. Patron noise emanates through back door. Asked for 11p and midnight. Summer Garden is to 10 pm all week. Applicant said he thought it was legal to use summer garden. Applicant ask for summer at 10p. Agreed on summer garden

Applicant asks till midnight and 1am sidewalk café. Neighbor asks for 11p/midnight. Applicant asks for midnight/1a. Neighbor is not happy with midnight/1a. Another neighbor suggests to Applicant to seat patrons closer to front. Applicant agrees. 52 indoor seating, 24 sidewalk cafe and 12 summer

No entertainment license included.

Changes to SA: Masonry/wood fence on page 2. “Cannot reasonably heard by” is the ABRA. Discussion about adjoining property. Lengthy discussion about hours on placard versus hours requested by applicant.

Recommend that committee take no position because there are differences to be worked out. Delegates to chair to negotiate.

Motion Oldenburg: Move that we take no position (Hoskins 2nd).

Motion Passes 4-0

13. ABRA-085618, Nooshi Capitol Hill, 524 8th Street SE, Renewal of Class C Restaurant license. Petition date: May 9, 2016 [04]

Manager George here. Oldenburg supports to continue with settlement agreement that we did in May 2014 due to addition of summer garden at the time. Investigative report of sale of minor ($1250 fine). Training that occurred as result of infraction. Nooshi is upstairs. Garrison is downstairs is doing new settlement agreement. Trash complaint. Within hours cleaned up. Daily pick-up, washed daily. Support agreement. Video of trash. Hoskins asks about pricing about the video system. Chair asks to put your name on trash can, not part of applicant. Applicant says in 24 hours he will make it happen. Hired consultant about training about underage so it does not happen again. Neighbors has said they have gone over and above to keep area clean. Motion Oldenburg: Recommend that ANC 6B support the application for renewal with no modifications to the existing SA and place it on the consent agenda (Chair 2nd). Motion Passes 4-0

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PLANNING AND ZONING COMMITTEE MEETING

Committee Report

April 5, 2016

REPORT

Commissioners present: Burger (chairing), Chao, Hoskins, Jayarman, Krepp, Loots, Oldenburg,

Ridge, Samolyk

Resident Members (RM) present: Danks, Frishberg, Jarboe, Jeffords, Johnson, Ryan

1. BZA 19252, 605 G Street SE: Susan Hillberg (owner). BZA Hearing April 26, 2016 pursuant to 11 DCMR § 3104.1, for a special exception under § 223, not meeting the lot

occupancy requirements under § 403.2, and the court requirements under § 406, to construct a

rear addition to an existing one-family dwelling in the R-5-B District at premises 605 G Street

S.E. (Square 878, Lot 154).

Susan Hillberg, owner presented the case. The proposal is to rebuild a modest one story rear

structure. Applicant discussed with HP, who appear to have no objections. She has reached

out to adjacent neighbors; has not been able to reach one neighbor.

Commissioner Loots moved (seconded by RM Jarboe) that the committee recommend the

ANC support the application and place the item on the consent agenda. The motion passed 11

to 0 (1 abstaining).

2. BZA #18770B, Modification of BZA 18770A Order, &pizza, 400 block 8th Street SE.

BZA action date April 18, 2016

Mark Metzger, architect; Julia Wright, project manager presented the case. The applicant

originally proposed a ventless oven and hood system, but they learned more about the system

and needed to modify it. Their revised plan was not consistent with the previous BZA plan.

The proposed modification to the BZA order include: changes to the oven and exhaust

system, changes to the HVAC size and location, and changes to the term (a reduction to five

years). There were questions about the noise from the revised HVAC system, which is

supposed to be no worse given the additional noise mitigation. The sound absorption panels

are approximately 10 feet tall. When &Pizza requested the minor modification, they were

required to notify the ANC and they did so. They also started construction without permits,

which was observed by the neighbors leading to the stop work order.

Residents ask why construction started without a permit? The applicant responded they had a

demo permit but started framing without the needed permit. Linda Elliott pointed out that

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sound mitigation plans are a good model, and it’s notable that &Pizza is running the PCU

through the ceiling, not straight out the roof (shows that this is feasible).

Commissioner Burger moved (seconded by RM Danks) that the committee recommend the

ANC support the case and include in its letter language stating that the PCU will be operated

and maintained. The committee will place the item on the consent agenda. The motion passed

11 to 0 (4 abstaining).

3. DDOT Tracking #10217573, Elaine’s One (Pineapple & Pearls), 715 8th

Street SE,

new sidewalk café. PSC Hearing: April 28, 2016

Don Silverman, relative of the owner, presented the case. Applicant proposes a sidewalk café

and awning. Applicant has committed to DDOT that the restaurant will take reservations to

avoid lines on the sidewalk.

Commissioner Loots moved (seconded by Commissioner Jayaraman) that the committee

recommend the ANC support the application and place the item on the consent agenda. The

motion passed 14 to 1.

4. DDOT Tracking #123607, Rose’s Luxury, 717 8th Street SE, retractable awning [03].

PSC Hearing: April 28, 2016

Don Silverman, relative of the owner, presented the case. The proposal is to add a retractable

awning (model 7700, color green) to the façade of Rose’s Luxury.

Commissioner Loots moved (seconded by RM Danks) that the committee recommend the


to 1.

5. DDOT Tracking #10230326, Beuchert’s, 623 Pennsylvania Avenue SE, new sidewalk

cafe. PSC Hearing: April 28, 2016

Nathan Berger, owner, presented the case. The proposal is to implement a sidewalk seating

area plans. The original plans were refiled to modify the design to only have one table, not

two. Questions focused on the configuration of the space and maintained clearances.

Commissioner Hoskins moved (seconded by RM Frischberg) that the committee recommend


to 0.

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6. DDOT Tracking #123437, U.S. Capitol Power Plant, 25 E Street SE, fence over 42”

high. PSC Hearing: April 28, 2016

By unanimous consent, the committee took no action, because the applicant did not appear at the

committee meeting.

7. HPA #16-308, 1101 Pennsylvania Avenue SE (Frager’s Hardware site),

concept/additions and infill: Perseus Realty LLC, Adam Peters, Head of Development

Adam Peters, Perseus Realty; Adam Lockman, architect; Jeff Utz, zoning attorney presented

the case.

The proposal is a by right project with four stories and an occupied penthouse. The design

includes indoor trash storage. Loading zone will be on Pennsylvania Ave.

Questions focused on: the multi-step recessed design, which some committee members felt

had too many levels; not clear it’s something we expect to see in Capitol Hill. Questions

about the residential and commercial entries, which are new/infill; concern that the right infill

is a gap in the design. How would a sidewalk café be incorporated into the proposed designs?

Make sure the design keeps in mind the community supporting aspects of Frager’s. Concerns

about the ‘addition’ on the east side and whether it overwhelms the rest of the building.

Concerns about the amount of glass, especially on the rear of the building (glare concerns)

and the east ‘addition.’ Concerns about the upper façade being too imposing, possibly from

the materials choices. There was a question about electric vehicle charging stations (A: the

project will include them). Bike parking (A: lots of bike parking)?

Commissioner Oldenburg moved (seconded by RM Frishberg) that the committee

recommend the ANC support the application, while noting that the ANC has concerns about

the design aspects of the project, and we seek changes to the following elements:

o Setback on the upper floors on the west side of the building

o The design of the two infill

o Materials

o Glazing extent, especially on the rear façade

We will also note that the ANC appreciates the respect paid to the existing façade and that we

look forward to the return of Frager’s as a community asset.

The motion passed 13 to 1.

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Report of the ANC6B Transportation Committee Meeting

April 6, 2016

Commissioners present: Denise Krepp, Diane Hoskins, Kirsten Oldenburg (chairing), and Dan Ridge

Resident Members present: Laura Jeffords (6B03), Corey Holman (6B06), Kelly Waud (6B07), and

Carol Grissom (6B08).

Others present: John Manley, Pat Taylor and several residents concerned about the delay in the 17th

Street SE project.

Background & Status of DDOT’s 17th

Streets SE Pedestrian Safety Project

Mr. Mohamed Dahir, DDOT’s 17th Street Project Manager, told the Committee that the DC Water mains

replacement project is ongoing along 17th Street but is to be completed in May 2016. (This project has

delayed the start of the DDOT project by a year or more.) In February 2016, Washington Gas notified

DDOT that it needed to do work along 17th Street. DDOT plans to advertise for a contract for its work in

April 2016 in order to complete its project by December 2017 (duration: 18 months). DDOT has been

coordinating monthly with both utilities and expects to do its construction simultaneously with

Washington Gas work.

Presentation by Washington Gas on “ProjectPipes” Impacts in 6B

Ms Doreen Hope, Washington Gas Community District Manager, and Dwanda Glenn-Woodward

(consultant to Washington Gas) attended the meeting. Ms Hope presented WG’s “PROJECTpipes”

project to replace its aging infrastructure in DC and provided the Committee with a Project Calendar,

dated March 31, 2016, listing both ongoing and scheduled work by Ward. For Ward 6, three “main and

service replacement” construction projects are listed. One of them, SE 17th Street from East Capitol to

Barney Circle, is within 6B. The calendar shows an estimated start date “Jan 16” and end date “Aug 16.”

Ms Hope was unable to rectify these dates with DDOT information that shows WG work having started

in February 2016 and estimated to be completed by December 2017. She apologized for not having

brought construction folks to the meeting but offered to do so in May.

Discussion with DDOT and Washington Gas

Commissioner Krepp blamed DDOT for lack of coordination and not keeping her informed about its

project status over the last two years. Commissioner Ridge asked that DDOT provide the minutes of its

monthly coordination meeting with the utilities. He indicated that the problem with 17th Street is that it is

a “drag strip” creating major safety issues for the community. Also, he asked about the speed cameras

that seem to be moved by construction crews and not set back in place. Other comments involved the

poor quality of the road surface because of all the patches from DC Water’s work, that work on 17th is

encouraging vehicles to use 16th and 18

th instead making those streets congested and unsafe, and that the

cost of the DDOT project to taxpayers is rising with the delays. RM Grissom, noting that the projects are

estimated to end in winter months, asked Mr. Dahir whether crews would be able to do the final paving at

that time. Mr. Dahir responded that if the DDOT project was not completed as the contract specified, the

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contractor would face a fine. Commissioner Hoskins asked Mr. Dahir if he could install temporary traffic

calming/safety measures while the project is ongoing. He responded that he would have to talk with the

DDOT office responsible for safety.

Commissioner Oldenburg suggested that the Committee recommend that ANC 6B send a letter to DDOT

including all the questions and concerns raised. Commissioner Krepp said she wanted the information

directly and weekly since it is her constituents who are affected. Commissioner Ridge asked that the

Committee take no action; that he would work with Commissioner Krepp to obtain the information

sought. They will report back to the Committee in May.

Amalgamated Transit Union, #1764

At the meeting, the Committee heard from, Elana Kessler, a representative of Amalgamated Transit

Union, Local #1764, about concerns with aspects of the DC Circulator bus service (which operates two

routes across Capitol Hill). The primary ATU #1764 concern appeared to be pay disparity between DC

Circulator bus drivers and WMATA bus drivers but the Committee heard several additional allegations in

the course of extended discussion.

Ms Kessler sought no specific action from the ANC on pay disparity and none was taken. Committee

members encouraged the ATU #1764 representative to re-express this concern as a request for a action

and return at a future meeting. The Committee agreed also to invite to that meeting a representative from

DDOT qualified to speak to the other allegations raised by the representative.

PROPOSED AMENDMENT TO ANC 6B BYLAWS

By

Commissioner Denise Krepp

Article VII. Committees, Special Committees, and Task Forces

Section 2. Chairs

Current Text

A. The chair of each committee or special committee shall be open to any member of the

Commission and shall be elected by the Commission. The chair of each task force shall be open

to any member of the Commission or resident residing within the boundaries of ANC 6B and

shall be elected by the Commission subject to criteria outlined in the standing rules. The chair of

a standing committee shall appoint a committee vice-chair. Chairs of a special committee or task

force may select a Commissioner or Resident Member as vice-chair.

B. Each chair of a committee or task force shall serve for one year provided that each chair

serves until his or her successor has been elected by the Commission. Committee chairs are

elected at the regular February meeting. Special committee chairs and task force chairs are

elected as needed. If a committee or task force chair position is vacant, committee or task force

members shall elect a chair pro tempore to preside over committee or task force meetings until a

chair is elected.

C. Upon prior written notice to the chair of a committee or task force, such chair may be

removed by the Commission for any reason, including failure to call or regularly attend meetings

of that committee or task force without adequate justification. Removal vote must take place at a

regular Commission meeting or special meeting.

PROPOSED TEXT (insertion of sentence at end of paragraph)

Section 2.(B)

B. Each chair of a committee or task force shall serve for one year provided that each chair serves until his or her successor has been elected by the Commission. Committee chairs are elected at the regular February meeting. Special committee chairs and task force chairs are elected as needed. If a committee or task force chair position is vacant, committee or task force members shall elect a chair pro tempore to preside over committee or task force meetings until a chair is elected. Two members of the Commission may co-chair a task force.

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Treasurers Report 4/12/16

*National Capital Bank Balance (4/10/16) $24,693.58

*Total Expenditures FY16 to date $ (2,227.98)

*Total Income FY16 to date $ 11,388.36

FY 2016 Transactions

04/05/2016 4771 CHECK #

4771 – payment to Capital Community News for annual 6B meeting notices

-$310.50 $24,693.58

04/03/2016 INTEREST PAID

$1.17 $25,004.08

03/31/2016 4770 CHECK # 4770 – reimbursement for postage

-$12.31 $25,002.91

03/30/2016 4772 CHECK # 4772 – 2016 Rental Charged for Hill Center Meeting Space & A/V

-$1,818.33 $25,015.22

03/16/2016 4769 CHECK # 4769 – FY16 Security Fund Payment

-$25.00 $26,833.55

03/07/2016 Quarterly Allotment

$5,692.01 $26,858.55


$0.84 $21,166.54


$0.93 $21,165.70


$0.72 $21,164.77

12/21/2015 Quarterly Allotment $5,692.01 $21,164.05

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12/03/2015 4768 CHECK #

4768 – Reimbursement for Printing

-$54.73 $15,472.04


$0.66 $15,526.77

11/19/2015 4767 CHECK # 4767 – Reimbursement for Printing

-$7.11 $15,526.11

11/13/2015 4766 CHECK # 4766 – Final Payment for 2015 Meeting Space, Hill Center

-$180.00 (note:considered

FY15 expense because check dated

9/8/15)

$15,533.22


$0.64 $15,713.22

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March 30, 2016 - Eastern Market Report *The EMCAC committee convened at 7pm at the Eastern Market North Hall on 3/30/16.

Previous meeting was 2/24/16.

* 2016 meeting dates: 4/27; 5/18; 6/22; 7/27; 9/28; 10/26; and 11/30

*Presentation by Presentation by Forest Hayes, Associate Director of the District of

Columbia Department of General Services on Business Plan for Eastern Market

Forest discussed plans for DGS to support a business plan for Eastern Market. Plans to approach

the development of a plan in a collaborative process and taking stakeholders views into account.

DGS believe Easter Market is an institution, not just an initiative.

The plan will work to develop consensus around what the next 5-yrs of what EM should look

like. Stated major stakeholders in plan will be: DMPED, EMCAC, DGS, Council Member’s

Office, Brick and Mortar operations along 7th Street. Stated this group will provide input to

scoping work to ensure the right consulting firm is selected.

Will include robust community engagement component. Stated DGS role is convening and

paying for professional service provider, including a robust and full procurement, through

competitive bidding process. A selection committee will be assembled. Then, the Government

steps back during the contract period and let the consultant work.

The plan aims to build a collective consensus around a roadmap. Including the following

components:

Comprehensive Building and merchants building: where are capital improvements and

deferred maintenance – current and into the future

o What are the challenges we can predict into the future

How do we better market and show off North Hall

o Are we approaching the outdoor markets adequately?

o Are there efficiencies to be found within the management structure and finances

o Should we consider legislation to establish a non-lasting account

Feedback from EMCAC included concern about ensuring a broad and inclusive set of

stakeholders are included and consulted from the beginning. Additionally, comments about the

expansive scope of the planning and whether it might be better to start with marketing and then

build upon that success.

*The Market Manager presented the monthly report:

Blizzard: After Facilities conducts their wrap-up of the last snow season they will put me in touch

with the person responsible for the DGS snow program for FY17. We will discuss the specific

needs of the market at that point.

Finances: Our finance team has almost finished putting together the numbers for FY15. We are

working on this Fiscal Year-to-date as well. I will be able to send you FY15 before the next meeting. I hope to get you the current Fiscal Year-to-date as well.

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Marketing: While working on the complete overhaul of the Eastern Market Website, Dominiqua

has completed a redesign for the current Eastern Market website. It looks great. Clean, like and

very similar to how the new website will look.

WMATA came to Eastern Market a couple of weeks ago and did interviews for their neighborhood series. They did a few interviews and took B-roll footage of the market.

USDA will be filming at the market on Friday, April 22nd. It will be part of an educational video

filmed about CODEX Alimentarius, the International Food Standards developed by the World

Health Organization and the Food and Agricultural Organization of the United Nations.

Fresh Tuesdays: Walnut Hill Farm is back at the market with a small number of products: Greens, asparagus, etc.

Merchants and VendorsLED lights: Purchase Orders were sent out today.

Facilities Requests: The program for receiving and acting on facilities requests has worked so far.

We are still working on the reporting back aspect of it.

Potluck on Tuesday, May 3: Amanuel Gebregiorgis, our intern from Parkmont School will be

organizing the potluck. If you are not a vendor, a merchant or on EMCAC and would like to come, please let me know and we will add you to the invitation list.

North HallOpen House on April 19: We are one of 14 event partners collaborating on an Open

House in the North Hall. It is targeted at corporate event planners in the DC area.North Hall

data analysis: The other project that our intern, Amanuel, will be working on that as well.

Community hours in the North Hall: We have a steady community use of between 250 and 270 hours per month. In March, there will be 77 hours of public events in the North Hall.

*Notes from Tenants’ Council Report

RESOLUTION 3-10-16-01 Election of Non-Food Representative to EMCAC (passed 4 to 0 and

1 abstention)

The Tenants Council will conduct an election for the Non-Food Representative to EMCAC for the two year term beginning on May 2, 2016. The schedule will be as follows:

April 1. Email and post a request for nominees with a description of the position. All permit

holding non-food vendors are eligible to nominate themselves. No nomination of third parties.

Provisional vendors are not eligible. Nominations will be accepted by email to the Tenants Council gmail account or in person to any Tenants Council member.

The Tenants Council will request an official roster of permitted vendors from the Market Manger to determine eligible nominees and voters.

April 15. Nominations close.

April 16. Announce by email and posting the nominees.

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April 20. Due date for nominee statements.

April 21. Email and post nominee statements.

April 23 and 24, April 30 and May 1 between 8:00 and 10:00 voting will take place in the North

Hall. Voting must be in person, email votes will be accepted only under special circumstances by

contacting the Tenants Council who will verify and document the vote which will be accepted until 10 AM May 1.

May 1. Election results will be announced and an email of credentials will be sent to the Chair of

EMCAC stating that an election has taken place, give results, and request that the representative

be seated on EMCAC

*EMCAC next scheduled meeting will be at 7pm at the Eastern Market North Hall on

4/27/16.

Hine Community Advisory Committee (CAC) Meeting #29 3/25/16

The 4 week look-ahead from Clark Construction and McCullough Construction is as follows:

*Ramp dirt should be removed by the end of the week (April 1) weather permitting.

*From P1 to the first floor should be up with framing started for the first floor.

New PEPCO permanent power vaults will be installed on C Street for the next 2-3 weeks

followed by installation on 7th

Street. There should be no disruption of service to neighboring

residences or businesses.

An exterior mockup of the south building should be up the week of March 28th

. Note that the

brick work on the mockup will not be accurate.

The installation of light poles in the north alley should be completed by April 1st.

The top floor and roof of the north building should be completed within the next four weeks

requiring roof trusses and 2 more trucks of lumber followed by blue wrap of the façade. Roofing

material will be delivered but does not require tractor trailers.

The developers have been asked to reduce the no parking limits along 8th

Street to Monday thru

Saturday leaving Sunday open for Eastern Market customers and the general public.

The developer has offered to wash windows for residents and businesses in June, after peak

pollen season.

Note: 90% of the concrete poured has come from the batch plant on site with the rest delivered

by truck. DC does allow concrete trucks to idle to keep the concrete cargo from setting.

The temporary closing of the D Street spur should end by the end of next week but may be

extended if needed.

Rodent control, dust control and vibration monitoring continue.

The Projected Project milestones:

*Excavation Complete - March 2016

*Building Structure to grade – May 2016

*Façade Installation – May to December 2016

*Unit deliveries and Retail/Office openings – Q2 2017

The next CAC is scheduled for April 29, 2016

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Acqua 2 Limited Partnership I tJa Acqua al 2/SunalHaroid Black Bar

Holder ofa Retailer's Class CR License

at premises 212 7th Street, S.E. Washington, D.C. 20003

) ) ) ) ) ) ) License No. ) Order No. ) ) ) )

ABRA-080056 2014-011

Acqua 2 Limited Partnership I, tJa Acqua al 2/SunalHaroid Black Bar (Licensee)

Brian Flahaven, Chairperson, Advisory Neighborhood Commission (ANC) 6B

BEFORE: Ruthanne Miller, Chairperson Nick Alberti, Member Donald Brooks, Member Mike Silverstein, Member Herman Jones, Member

ORDER ON SETTLEMENT AGREEMENT

The official records of the Alcoholic Beverage Control Board (Board) reflect that Acqua 2 Limited Partnership I, tJa Acqua al 2/SunaiHarold Black Bar, (Licensee), and ANC 6B have entered into a Settlement Agreement (Agreement), dated April 9, 2013, that governs the operation of the Licensee's establishment.

The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Licensee and Chairperson Brian Flahaven, on behalf of ANC 6B, are signatories to the Agreement.

1

Acqua 2 Limited Partnership I tla Acqua al 2/SunaIHaroid Black Bar License No. ABRA-080056 Page 2

Accordingly, it is this 8'h day of January, 2014, ORDERED that:

I. The above-referenced Settlement Agreement submitted by the Parties to govern the operations of the Licensee' s establishment is APPROVED and INCORPORATED as part of this Order, except for the following modifications:

Section 2 (Nature of the Business) - The first sentence shall be modified to read as follows: "The Applicant shall manage and operate at the address, a place that is regularly used for the sale and service of prepared food and alcoholic beverages."

Section 8 (Rats and Vermin Control) - The following sentence shall be removed: "Applicant shall provide proof of its rat and vermin control contract upon the request."

The parties have agreed to these modifications.

2. Copies of this Order shall be sent to the Licensee and ANC 6B.

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Acqua 2 Limited Partnership I t/a Acqua al 2/SunaIHarold Black Bar License No. ABRA-080056 Page 3

District of Columbia Alcoholic Beverage Control Board

Herman Jci\.jber

Pursuant to D.C. Official Code § 2S-433 , any party adversely affected may file a Motion for Reconsideration of this decision within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W. , Suite 400S, Washington, DC 20009.

Also, pursuant to section 11 of the District of Columbia Administrative Procedure Act, Pub. L. 90-614, 82 Stat. 1209, D.C. Official Code 2-S10 (2001), and Rule IS of the District of Columbia Court of Appeals, any party adversely affected has the right to appeal this Order by filing a petition for review, within thirty (30) days of the date of service of this Order, with the District of Columbia Court of Appeals, SOO Indiana Avenue, N.W., Washington, D.C. 20001. However, the timely filing ofa Motion for Reconsideration pursuant to D.C. Official Code § 2S-433 , stays the time for filing a petition for review in the District of Columbia Court of Appeals until the Board rules on the motion. See D.C. App. Rule IS(b).

3

SETTLEM ENT AGREEMENT

THIS SETTLEMENT AGREEMENT ("Agreement") is made on this 9th day of April 20 13 by and betweenAcqua 2 Limited Partnership I C"Appl icUIll"), and Advisory Neighborhood Commission 68. (Collectively, the "Parties'').

WITNESSETH

WHEREAS, Applicant" s application for a license Jor premises, 212 7th St. SE, Washington, DC, 20003 , is now pending before the Dist rict of Columbia Alcoholic Beverage Control Board (ABC); and,

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

WHEREAS, the Parties desire to enter into an agreement governing certain understandings regarding the issue of a Retailers ' Class "C" Restaurant Liquor License at the subject premises; and.

WH EREAS, the Parties are desirous of entering into a Voluntary Agreement pursuant to I).C. Oflicial Code § 25-446 for the operation and maintenance of the Establi shment in such a manner as to promote the peace, order and quiet of the neighborhood. Both parties recognize the importance of business neighborhoods that are safe, clean, and "pedestrian friendly".

NOW, THEREFORE. the parties agree as follows:

I . Recitals Incorporated. The recitals set fOlth ahovc are incorporated herein by reference.

2. Nature oftlte Business. The Applicant will manage and operate a CR license at the listed address. The license shall have limited indoor seating of 150 patrons and outside (sidewalk) seating of 36 patTons.

3. Hours of Operation and Sales. The Applicant's hours of operation shall be as follows:

Inside Services Sunday through Thursday: lOam to 2am Friday through Saturday: lOam to 3am

Sidewalk Services Sunday through Saturday: lOam to 1 al11

4. Floors Utilized ami Occupancy. The ApplicllIlt will operate its establishment accord ing to the occupancy indicated on the Certificate of Occupancy issued by the Department of Consumer and Regulatory A!1"airs.

5. Sidewalk Caje. Applicant will operate its sidewalk cafe in accordance with the Public Space Management Branch Certification. Applicant will direct that its employees inspect the sidewalk cafe on a regular ba is to ensure its cleanliness.

6. Noise, Odor, alld Privacy. Applicant shall make architectural improvements to the propel1y and take all necessary actions to ensure that music . noi se and vibration from the Establishment are not audible outside the establishment at any time.

7. Public Space alld Trasll.

a. Applicant shall keep their entire property and the sidewalk (up to and including the curb), any tree box(es), curb,clean and free of litter, bottles, and other debri s in compliance with D.C. Code and Municipal Regulations. Applicant shall police these areas sufficiently to assure that refuse and other materials are promptly removed.

b. Applicant shall ensure that the area around the dumpster is kept clean at all times and the dumpster is placed such that it does not encroach on the abutting property owner~

and that no garbage is placed on the abutting property.

C. Commercial trash pick up in residential areas takes place between 7 a.m.-7 p.m. Applicant shall not allow for its trash to be picked up outside of those hours.

8. Rats lind Vermin Control. The Applicant shall provide rat and wrmin control for iis property. Applicant shall provide proof of its rat and vermin control contract upon the request. Applicant shall maintain property and take landscaping steps, such as removing thick ground cover, trimming bushes, closing rat holes, and using pond stones where needed. to reduce habitat for rats and vermin. Applicant shall have the Establi shment and the area around the Premises and its dumpsters properly cleaned at the end of each night to ensure that there arc not garbage and odors present the fo llowing morning.

9. Security Cooperation ill Stemming Iffegal Drugs al/d Public Drinking. Applicant agrees that it shall take all necessary steps to minimize slIch problems, including. withollt limitation, designating a sufficient numher of employees to assure adequate security and to cOl1trolunruly patrons, whether inside (If in the immediate outside afea ; monitoring fOf and prohibiting sales or use of illegal drugs within or about the Premises, maintaining contact and cooperating with MPD and other enforcement otTIcials when known or suspected drug activities occur. Applicant shall to the full extent pemlissible by law discourage loitering in the vicin ity of' the Premi ses.

IN WITNESS WHEREOF. the panies have aflixed hereunto their signatures.

Applicant: Aequa 2 Limited Pm1nership I ABRA-080056 212 7th 5t. 5E Washington, DC 20003 Ari Gejdenson. Managing Member

z;M. Date: 4!~ ((3

i

Advisory Neighborhood Commiss ion 6B Washington, DC 20003 Brian Flahawn, Chairperson (202) 543-3344 Fax (202) 543-3507

tilf2 ~ Date: -'I//J-/lJ ,

advisory neighborhood commission 6b regular … · april 12, 2016 draft agenda 1. adoption of...

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