CAPITOL HILL CORNER

A Note on Settlement Agreements…..The Tune Inn and Tortilla Coast As Cases in Point

by Larry Janezich

A Settlement Agreement (formerly known as a Voluntary Agreement) is an agreement between an ANC and an applicant for a liquor license .  ANC6a has their standard Settlement Agreement posted on their website, and though agreements may vary from ANC to ANC, they all have the common goal of creating an environment where the bar/restaurant/tavern may operate as a business within a community while curtailing any adverse effects such a business could have on surrounding neighborhoods.

ANC’s generally make their support of an applicant’s request for a liquor license or renewal of same, contingent on the applicant agreeing to operate the business in a way that minimizes the impact on the neighborhood and to formalize that agreement in a signed document – the Settlement Agreement.   Restrictions on business operations take on additional cogency when neighbors find that the business impinges on their quality of life to an unreasonable degree and complain to the ANC.

In neighboring ANC6B, neighbors complained about the Tune Inn’s late night bottle disposal routine. The Tune Inn initially indicated they would sign an agreement and work to correct the problem, but then backed out at the last minute before ANC6B could formally “protest” the license.    In the case of Tortilla Coast, a technicality prevented ANC6b from following through on a “protest” which resulted from numerous calls to police for issues including disorderly conduct and a repeatedly malfunctioning burglar alarm.  In addition, there have been several ABRA violations, including sale of alcohol to a minor.  Tortilla Coast has steadfastly refused to sign a Settlement Agreement despite having signed one in another location.   Their desire to add an “entertainment endorsement”  to their liquor license – they have karaoke and a Marachi band in mind – gives ANC6b another shot at bringing them to the table to negotiate a Settlement Agreement.

A protest launched by the ANC initiates a mediation process designed to bring the applicant to the table with the ANC to negotiate terms of operation.  ANC6A’s website http://www.anc6a.org/has a category labeled “other documents” and its standard Settlement Agreement is posted at the end of the section of documents related to ABRA.  A copy of that Settlement Agreement can be found here:  http://bit.ly/1dmxQ7F

Tune Inn “Screwed” ANC6b – Commission Unhappy

The Week Ahead ….. Trouble for Phase I, Tortilla Coast, Tune Inn, and lots of H Street Bars

Also:  The future of RFK

by Larry Janezich

Tuesday, November 12

ANC6b meets at 7:00pm in Hill Center for its regular November meeting

Among items on the agenda:

Routine liquor license renewals on the consent calendar:  Pour House, 18^th Amendment, Trusty’s Bar, Hawk ‘n’ Dove, Lola’s, The Old Siam, Béarnaise, The Capitol Lounge, Li’l Pub, Wisdom, Sushi Capitol, Sona Creamery/Wine Bar.

Routine public space application on the consent calendar:  sidewalk café for Rose’s Luxury.

Non-routine liquor license renewals and a request for an entertainment endorsement: 

Liquor license renewals – Phase I (trash, dumpster issues), Remington’s, Bachelor’s Mill/Back Door Pub.

Request for entertainment endorsement – Tortilla Coast.  (Tortilla Coast rep was advised there is “zero chance” of this being approved without a signed Settlement Agreement.  Tortilla Coast corporation “thumbed its nose” as one commissioner put it, at ANC6b, refusing to sign a Settlement Agreement for a license renewal.  A technicality prevented ANC6b from filing a protest when the request for license renewal came up before ABRA.)

Letter to Tune Inn Restaurant, 331 Pennsylvania Avenue, SE – and ABRA, expressing disappointment that Tune Inn refused to sign a Settlement Agreement in connection with its recent liquor license renewal.   (ANC6b has informally agreed to change its procedures and routinely protest liquor license renewals until a Settlement Agreement is signed – the result of having been “screwed” – in the words of one commissioner – by the Tune Inn’s last minute refusal to sign an Agreement after ABRA advised that signing was voluntary [thanks, Tune Inn, thanks ABRA].)  Odds are good that the next license renewal in three years will be problematical for the Tune Inn.    

The Outreach and Constituent Services Task Force will file its Public Safety Report – statistics and analysis on recent crime in ANC6b.   Probably no major surprises here, but a draft copy of the report did not address the issue of MPD failing to file reports on crimes – which has a positive and self-serving affect on crime stats.    

Wednesday, November 13

ANC6b Hill East Task Force meets at 6:30pm at St. Coletta of Greater Washington to discuss the future of the RFK Stadium site.  Erik Moses, senior vice president and managing director at Events DC, will provide a brief presentation on his organization’s plans for evaluating alternatives for the site.

ANC6c meets at 7:00pm at the Heritage Foundation Building, 214 Massachusetts Avenue, NE for its regular November meeting.

Among items on the agenda:

An appearance by Councilmember Anita Bonds

Consideration of Bikeshare stations at 1st and K; 5th or 6th and K; 7th and Constitution NE

Liquor license renewals for Columbus Club, Center Café, Boundary Road, Big Board, Tynan Coffee & Tea, The 201 Bar, Hamilton’s Bar and Grill. 

Thursday, November 14

ANC6a meets at 7:00pm at Miner Elementary School, 601 15^th Street, NE for its regular November meeting

Among items on the agenda:

Protest of the liquor licenses for the following venues for failure to maintain peace, order and quiet, and authorization for the Chair to be authorized to send letters conveying that protest to the ABC Board: Atlas Room. Biergarten Haus, The Elroy, Little Miss Whiskey’s, Star and Shamrock, Vendetta, HR 57, Avery’s, The Pug, and Toki Underground. 

Friday, November 15

Capitol Hill Village (CHV) presents a free seminar to discuss issues involved in moving to one level living in a condo or rental apartment on Capitol Hill or nearby.  Finance and real estate experts will discuss options.  Housing Committee of CHV will describe new apartment and condo projects and several currently being built – 10:00 am to 12:00 noon at Townhomes on Capitol Hill, 6^th and I Streets, SE.  Open to all without charge, but registration is required:  Call 202 543 1778 to register.

A crowd of more than 200 gathered today in Folger Park to honor veterans.

Guest Speaker Major General Thomas C. Seamands, U.S. Army

Calvin C. Tildon, Commander, Kenneth H. Nash American Legion Post 8, presided over the ceremony

Neighbor and former Post Commander Leonard Hacker (left rear) participated in the event

Local Navy veteran Mark Shlien talks with neighbors after ceremony

Ward Six City Council candidate Darrel Thompson talks to veterans

“Taps”

American Legion Post 8 Ceremony Marks Veterans Day

by Larry Janezich

A crowd of more than 200 attended American Legion Post 8’s ceremony in Folger Park at 11:00am Monday to honor the men and women who have served in the nation’s armed forces.

U.S. Army Major General Thomas C. Seamonds, COS, G-1, Director of Military Personnel Management, the ceremony’s keynote speaker, told the veterans in attendance: “I don’t want any of you to think we don’t thank you for what you have done.  I want to send a message to all veterans –  I know what you do, what you have done, and what you will continue to do, and I thank you.”  He added that, “We owe a debt of gratitude to the mothers, fathers, brothers, and sisters who have loaned family members to keep us safe.”

Calvin C. Tildon, Commander, Kenneth H. Nash American Legion Post 8 presided over the ceremony.  Music was provided by The Marine Brass Quintet, “The President’s Own” U.S. Marine Band.  A moving rendition of “Taps” accompanied the wreath ceremony.

American Legion Post 8 hosts this annual event in Folger Park, opposite the Post on the corner of 3rd and D, SE.  After the ceremony, everyone present was invited to a luncheon reception in the Post.

Goldstar PA Ave SE Condo Project Renderings, PA Ave and 15th St Elevations. Bonstra/Haresign Architects

Eric May, Goldstar Senior VP (left), and Rob McClennan of Bonstra/Haresign, Present Project Designs Monday Night at Wisdom on PA Ave SE

Plans Unveiled for Goldstar’s 41 Unit Condo Project at 1500 Pennsylvania Avenue, SE

by Larry Janezich

Monday night, more than 30 Capitol Hill residents gathered at Wisdom, the cool funky Pennsylvania Avenue SE, bar to see Goldstar Group’s plans and renderings for the 41 unit residential building at 1500 Pennsylvania Avenue, SE.  The project will be exclusively residential.

Eric May, Senior Vice President of Goldstar, told the group that the 41 units are “99% certain to be condos” – unless there is a drastic change in the market that would make conversion to apartments necessary.  The units will be mixed, largely one bedroom but with a few two bedroom or bedroom and den units.  Five of the units will be “affordable” under the District’s definition; two will be sold at 50% AMI and three at 80% AMI.  Eligibility for subsidized housing programs is often determined by area median income (AMI).

May said he “did not know yet” how much the units would sell for, noting that it would be 16 months before the building is ready for occupancy.  He declined to state the “broad range” of pricing Goldstar had assumed in designing the project.

The build will rise to 44 of the allowable 50 foot height, and will be built largely as a matter or right, with one zoning issue that will require a request for relief and bring the project before ANC6B and the Board of Zoning Adjustment (BZA).  The issue is parking:  the building will provide the minimum amount of parking required but to do so the developer will need to seek relief from a city regulation limiting the number of spaces in the underground garage which can be designated for compact cars.  Goldstar wants to have a larger proportion of the 21 spaces be designated for compact cars than the current regulations otherwise allow.  ANC6B Commissioner Brian Flahaven was on hand and explained in response to a question, that it would be virtually impossible to limit building residents’ eligibility for residential parking permits once the developers provide the minimum number of parking spaces for a project this size.

Although there is no retail in the building, May noted that he expected a symbiotic relationship to develop between the Goldstar residential project and the Douglas Development office/retail project currently under construction at 15^th and Pennsylvania Avenue, SE, next to Wisdom.

Chris Regan, project manager from Douglas Development, was on hand and told the attendees that his building would be finished by the end of January, and while they do not yet have tenants, there is “lots of interest.”  He mentioned retail, restaurant and office.

Rob McClennan, representing Bonstra/Haresign Architects, said that his firm specialized in “contextual modernist” structures and that the building the firm designed for the site would enter into a “dialogue with the surrounding environment” of houses, shops, and stores.  A strong selling point for the building will be a trellised 750 foot square foot roof deck that will afford views of the river and up Pennsylvania Avenue.

May said that he expects to start applying for permits in about two weeks.  The permitting process will take some four months, followed by an equal amount of time for zoning relief.  Environmental issues from a gas station which previously occupied the location will require removal of five feet of contaminated soil from the site.  Given those issues, May said construction could start as soon as next March and take 12 months to complete.

“Medium Rare” Hopes To Open by Thanksgiving, but the October 30 Stop Work Order May Prevent That. The Steak House Will Occupy the Former Fusion Grill on Barracks Row.

The Stop Work Order at the Soon-To-Be “Medium Rare” cited no permits for electrical, plumbing, construction and “other”.

Frager’s Opened Its Temporary Location at 1323 E Street, SE

Mayor Gray was so pleased about the installation of new Flexi-Pave Sidewalk Material on 7th Street near Eastern Market, that he Tweeted about it.

The Week Ahead …..And The Week’s Photos

By Larry Janezich

Monday, November 4

Goldstar Group will reveal plans and renderings for the 41 unit residential building at 1500 Pennsylvania Avenue to the community at 6:30 pm at Wisdom, 1432 Pennsylvania Avenue, SE.

CHRS Historic Preservation Committee meets at 6:30pm at Kirby House, 420 10th Street, SE.

Tuesday, November 5

ANC6B  Planning & Zoning Committee, meets at 7:00 pm, at St. Coletta of Greater Washington.

Among items on the agenda:

Sidewalk café for Rose’s Luxury at 717 8^th Street, SE.

Construction of a rear addition to Oxxo Cleaners at 405 8th Street, SE.

Wednesday, November 6

ANC6B Transportation Committee meets at 6:30 pm in Hill Center

Among items on the agenda:

Update on Performance Based Parking Expansion.

Presentation by DDOT on new Flexi-Pave sidewalk material.

Discussion of fiscal year 2014 sidewalk repair lists.

Thursday, November 7

ANC6B ANC Committee meets at 7:00pm in Hill Center

Among items on the agenda:

License Renewals for Pour House, 18^th Amendment, Trusty’s Bar, Hawk n Dove, Lola’s, The Old Siam, Phase I, Remington’s, Bachelor’s Mill Back Door Pub.

Request for substantial change to license of Tortilla Coast to permit entertainment.

Withdrawal of Amendments to Settlement Agreements, Hill Center and Belga Café.

CHRS Zoning Committee meets at 7:30pm at Kirby House, 420 10th Street, SE

PSA 107 meets at 7:00pm in Southeast Library

Anita Jefferson of Geeda’s Hand Poured Candles, Chairs the Eastern Market Application Advisory Committee

Want to Be an Eastern Market Vendor?  It’s Not Easy

by Larry Janezich

Capitol Hill Corner took a look at the application process for acceptance into the family of vendors at Eastern Market, a group distinct from the two flea markets that operate on the Hine playground/parking lot on Saturday and Sunday.  The process is a rigorous one aimed at maintaining high quality and diversity of products.

Potential vendors, falling into one of five categories (Arts and Crafts, Antiques & Collectibles, Ethno Specific, Farmers, and Prepared Foods) fill out applications which were created in 2009 by merchants, vendors and the Market Manager.  The applications establish the criteria upon which each applicant is judged in order to qualify for joining a pool from which vendors are selected by Market Manager Barry Margeson, based upon the needs of the Market.

The largest group of vendors is the artists and crafters – individuals who personally make their own art or crafts and sell in person.  The applicant is required to demonstrate that the product is handmade.  The goal is to find products that are unique.  Applications are not accepted from product lines already well represented such as jewelry, graphic t-shirts, photography, soaps, candles, or lotions.  The applicant is required to submit a list of specific types of products, a biography or artist’s statement, a description of the product, a list of elements of the product the applicant does not make, names of two different suppliers of the applicant’s raw materials – with copies of receipts, a description of the process used to create the product, an explanation of the product’s uniqueness, pictures of each product, a picture of the applicant vending elsewhere or a schematic of the applicant’s booth, and a copy of the applicant’s DC Sales and Use Tax Certificate. 

Similarly detailed applications cover the other four fields of vending.  Each one emphasizes the importance of the relationship between the vendor and the Eastern Market customer.

Once Market Manager Margeson receives an application, he turns it over for evaluation to the Application Advisory Review Committee, headed by Chairperson and vendor Anita Jefferson.  The Advisory Committee is comprised of all vendors with a permit to operate at Eastern Market.

Applications are usually reviewed by some 5 to 7 vendors in the particular category under which the applicant falls, with the occasional participation of “outliers” – vendors with an interest in the process whose products are not necessarily related to the product of the applicant.  Committee members review the applications, apply a specific set of criteria to the information submitted by the applicant, and award points according to how well the applicant meets the criteria.  The process is necessarily somewhat subjective, and market manager Margeson has the final say.

According to Jefferson, “We do not get to say who comes or doesn’t come in.  We give Barry Margeson a pool of people he can select from to meet the market’s needs.”  Margeson says he can accommodate a maximum number of 125 vendors, with about 115 in operation on a typical fall Saturday and Sunday.

The other categories of vendors must meet equally rigorous criteria.  The Antique and Collectables includes sellers of antique, vintage and/or collectible items.  Vendors must provide proof of purchase and legitimacy of product – an authenticity certificate.  Examples of antique products include furniture, tin boxes, cameras, postcards, and bottles.

Ethno-specific means sellers of imported handcrafted goods indigenous to a certain country – designed in, produced in, and representative of the country of origin.  Authentication is required.  Only products that are unique to the market and not already represented are accepted.  Some of the criteria looked for include a vendor’s connection to the country of origin and whether money from product goes to help the producers remain in the community.

Farmers include individuals who personally farm, grow, or produce their products and sell in person.  Products must be intended for consumption off premises.  Applicants must have – where applicable – a food service facility license for state where the applicant has a production facility, a license of USDA certified processing facility for livestock, a DC Food Handler’s license, third party certification for designation of sustainably grown, organic, naturally grown, and/or humane products –  and a map of, deed for, and directions to the farm.

Prepared Foods is for the vendors who sell products that customers can consume on premises as they are shopping.  Ideally, a portion of the production process takes place on site.  Only products that are unique to the market and not already represented are accepted.  Applicants must show a food service facility license from the state where the product is produced as well as a Food Handler’s license.

New applications are solicited every three months.  During the Application Advisory Committee meeting in October, the Committee discussed opening up a new application period and noted that there is currently no vegan food or candy in the prepared food categories.  The group recommended that the call for new applicants should target product types that are under-represented at the Market.

Capitol Hill Corner will report on the weekend flea markets which set up weekends on the Hine site in the near future.

The issue which brought the Hazmat team to 9th and D the morning appears to have been gasoline leaking from the tank of the white van parked near the intersection.

Hazmat officials solve leaking gas tank issue with sand and a plastic bucket

Officials inspect the underside of a white van near 9th and C Street SE

DC Hazmat Unit Blocks C Street, SE near 9th Street

At 9:45am Saturday morning, DC Fire and Hazmat Units blocked the intersection of 9th and C Streets, SE, while officials appeared to inspect the underside of a white van.