Board of Park Commissioners

Board of Park Commissioners Special Meeting Minutes Wednesday, September 2S, 2019 3:30- 4:30 P.M. C IT Y oOF 455 N Main WICHITA City Hall 1 st Floor Board Room Wichita, Kansas 67202 Memb.ers Present: Bili'Ramsey, Eddie Fahnest<>ck; Alejo Cabral; Ty Tab_ing, Hoyt Hillman Memhers Absent: Tori'Deatherage, Troy Paimer City Staff: Penny Garding.(Clerk), Elizabe.th. Harlenske (Assist�n.f City Attorney), Reggie Davidson, Robert Layton (CityManager), Sha·ron Dickgrafe (Chief Deputy City Attorney) G_uests: Jon Rolph,.Jason Gregory, PauLLavender Descri11tion (;all to prder .Edi!ie Fahnestock, President, called the meeting to.order at approximate.ly 3:32 p.m. Ahno\mcements There were rio Announcements. Pubiii:: Comments Jori Rolph, 1121 N Glenmore Ct.,Wichita, Thank,you for coming together for a ,special meeting to look at-V>Jhat is goi_ng on at Naftzger Park.: He appreciates the boldness you have shown in this proje.ct, it is,really. energizing for our community, We .have received a lot of positive feedback. , .We;hav.e. been:looking,at downtown Wichita for Homegrown for many months. It came down to three.focatiohs and we selected this 1.ocation inte·ntionally. We have,seen restaurants engage parks, This'ls oui-hometown·; .we are.across 10 states. Just think·about b·eing able,to be out there,,sittirig, eating and feeling connected to your community. We iike the proce·ss·we have gorfo through! particularly iri the last couple weeks, it feels:lil<e.sofne of the feedback that was given.was really•helpfuL ln-this:planwe,are moving to lower pl<1nters and creating a neat space. A[!othedhing is c,ur new pie concept:we are:getting ready to,launch. It is important to us what that.first lo.cation was going.Jo be. We thoughtwhy-noUhe downtown.place where we can help activa't!!·ihe:space, We are.excited, We lovethis•community.,where,it is going and the vision that .you 'have. fason':Gregory,.Do\Nntown Wichita, 507 EDouglas. We have beeh,part:ofthe planning with•the Gityfor,severai Years. Part,ofthe vision,.even,in'the Downtown MasterPlan really.called for'this ·site,,NaftZger Par1<,and:the·Spaghetti,Works1Developnient,area,,as,a:catalyst·site·and·· a key coniiecto� between ,the Old Town Entertainment District.and ,the Arena, the Douglas Street Corripor, making this a special'place. During those discussions,with the,public.what we heard .was we need to ma_ke sure,this·park i.5,activated .. One.of the ways we can do that; particularly alorig the;eastern edge, is the.complementary development making,sure the ground'.floor uses are things:like retail and restaurants:that,spill:out into park. From a programmatic stand'point:fr BOARD OF PARK COMMISSIONERS SPECIALMEfTiiiG September 25, 2019 Page 1 of 5 is .built in. Vl(e:have,countless:-examples;.ofwhere the:Glty,already,has tnis,precedentwith tlieir sidewalk'cafe:permitting; particularly in.Old Town. A loeof the bars•and restaurarits•t\ave:cafe seating that sits·on'pubiic'rightofwa·y. lhey have a use permit:process ..for restaufants:to apply. We c khew:this was a unique situation.because it is,park land not public right ofway: All!alofig, the:design intent was we would have,that;actiilated edge, These •great concepts like Homegrowrrarid Peace �ove and Pje are,"Yh.at we wa!lf to se_e realized.-, Hayi11g t_hatsp�ce,they can utilize frorn a priitate!sectorbut.also,b_e11efitscp_11blic:realmis th.eJype ofacbitation we are hopingJor, We hope to see,.additi_onal tenahtsfo fill ttie;Spaghetti \/1/orksJProjed, ·Vli'eiare excited, it brings a ·1ot of energy. \/\/hen you have:the pdvate sector making.the investments tliey are; this·projecttook a lot:ofwork with ever.yone·coniingtogether:to m·akeiit'happen.. T�e significant investmerit the>.City has:made; bi.it also TGC:t\aving the•visiori, .then Evergy'sfepping' in: and making this· park what;we.wanno see as,a•commuhify is!important, •We·are.tiereito supp·ort the.cafe seating, We-have.reached a compromise an_d.from,tt,e,Park•Board'.s:per�pective eliminating,some•ofthe·fencing , ·•· - ·• - . ,. . and)he . . . . . . structure.more,off-the permitting process·we1current- '" --- -· ·• _, __ ... . .. . ... -- . ' . •' •-· . .• .. . . • • .. have, is a1great•direction. (5'eorge Bruce, Martin �ringle, 645 E:bouglas,;ln the;new.building. A:big•part ofuswantihg to _ .. _ . . • • •- 1_1., _ . come there is'to sui:ipoi:t:the developnieritofdoWntowh Wichita. The;idea '.cif'ah urban park;in lhatarea that complements lntrust'Arena•was of'greatnnterest We nioiled,alniost1100'.people there fotake advantage:ofthis and to.support it. We left one of.the most,beautiful:ouilding� downtown, the RuffinBuilding;.to come there. They,encourage,you·to dmwhat yo_u ca_l] to make this work, ,Having restaur,ants open·up on_,th_e plaz;i lrl/i!lido a lot,to geJ;111ore,peqp!E! down;there. Lonnie Wright, 1721 S Lulu, he remembers four or five:years•agowhen we had .01d Town'and downtown restaurantswanting to:use.,the sidewalks. We ileait with that. Vl(e•sawwhat the ·- , I • - guidelines are;,visited.othef-cities,.we.learn·ed abciut. the,state.-requirenient'for·fencing. We p·assed!an.ordln·ance'that'.wetiave:individual-use,agreements. This is-iicithirig,new cif,out,of normal procedure .. He doesh'tkriow if it{even i::ame before·the Park Board. lt,was prooably placed on th!! Consent Agenda. It.is unfortunate thatthere i�•misinform.itipn and p_egple,saylng we are giving,away public land, We sh_oul_cf�.o som_ethir:ig,tq add_ress that,when;ITlisi_nJo_qnatiqn comes forward. Exdusive Use Agreement For:Naftzger'P,ark (City Staff) Robert[ayton, City Manager stated It always.was intended thatwe\would:SE!e some·private sector dev.el�pment along the,eastedge ot'the park;:ahdwe did anticipate there·would be outdoor dining. Therewere sonie concernsiexpressed.at 1a·st Park•Board;meeting, Councii had some co rice ms ,asweli. We were taiking about a lease. ihstrum·ent to be. ableto faciiitate'that dining. We decided.there may be a.better-approach ahi .orie the·public may accept l:Jetter-as f well as·-meet your.,concerns. We are going,to bring:forward for you(cor\"sideratiori a Use f Agr'eement or some of the area, less'than what was originally in the lease. You have used U�e Agreements in ,the past,. primarily with non,profits, buMhey have tied ,up park,ground for specif\c purposes. l"he FirstTee,and th_e Wich[ta Rowing Association are1some exarnp_lE!_s representing the largest.use.oft�e parks, There was some reference,made·to our sid_ewalk·cafe procedur,es and permiftingthat allows for features on public property, Three examples are the Ambassador Hotel has·one that uses planters and fencing between the planters, Starbucks has one and then;Hopping Gnome. All of.those have Special Use.Permits, He displayed a furniture chartthat was shared. with Design Councii'in April. We'.had.always anticipated we would BOARD -•- . OF-' PARK • . COMMISSIONERS ·- .. • .:- -- - -, SPECIAL - -· ·-- MEETING September 25, 2019 Page z of 5 e11ergize the·easi side.ofthe park,with cafe seating. At that time it was anticipated it would be either a'public expenditure or public/private partnership. Layton shared a slide showing the area that would be under the Use.Agreement. It is 10 feet in dep!h ar]d 765 feet in length,which is �ubstantiaUy smaller than•whatwas originally talked abotJ_t,un_deJ the lease. It would-only apply to two spaces in the project. Next he shared the site pl.an-for th.e area. On the right hand.side is showing how the area•for the restaurant would be delineated.adjacent to the park, The;green boxes are planters. There is nothing•between the planters: Rolp.h and his group have been able to work with the state.so they can define the ,Pfemises fortheif liquorlicense but do it in a way that doesn'.t recfuire.fencing between the boxes.. Layton·shared slides showing concepts for the planters. Some have openings between th.e plar]ters, Tiley may not be the.same height, the idea is theywill be lower so·those at.the !lJ_bles can.see into park, and it will b.e less foreboding: The basic terms of the agreement:are the develpper will be responsible for the construction and installation of the planters. The agreement is for three·years with two annual renewals. An annual use fee of $2,000 was negotiated. Those·funds will be earmarked to go into·maintenance.ofthe park. The restriction on the.use ofithe space during their business tiours is only for outdoor dining. That is defined as the sale . and consumption of food, alcoholic and nonsalcoholic beverages. The Park Board has the authority to _approve this agreement and then the City Council. would ratify that. 'Hi]lman asked what dowe know to be the estimate of the actual.cost of maintenance of the park. layion responded we do have an estimate but he doesn't recall what that is. We also have.some dollars coming from the TIFF to help pay for maintenance as well. We are trying to minimize•the,amount that will come·.out of the General Fund and Park budget. McGuire added .he believes•it is about $60,000 ..Fahnestock stated the original agreement was $36/chair. laytoii respondedthat is tlie agreeinentwe have forthe sidewalk cafe ordinance. Fahnestock a�ked how many.seats are we projecting, Rolph responded it is going to be between 20-30. Tablng i!]g�ired ift.his a yearlong lease? .Is winter use anticipated with outdoor heaters? Layton responded.it is,aHowed, Tabi11g inquired if smoking is allowed in this,space? Rolph responded Jhey are,_a non-smoking restaurant, Tabing stated there.is one space that remains available with the dev.elopment. Is it anticipated that the next retailer/tenant might:also;encroach on the greenspace on the· park? Layton·responded'if they do•we will,bring a similar item to the Park Board.forcthat'space. Tabingt"tien confirmed.itis allowed. Layton added·the only reason you would see the delineation bf ttie space with planters or similar treatmentwould be,if they had a liquor license. We.do11't-11ecessarily w�nt the,rri to coJdon of ft�at space otherwise. They just h_a_ve:to have a defi.nec! premise. Rolph added their•Peace Love and.Pi!! project does not·have·a ·liquor licens_e so.·ttiere will be n.o delineation-around'that space, it is just·Homegrown's patio. Tabing inquinid so you could have.umbrellas, heis trying to·envisionwhat the space is. The realityhe:has encountered is'often:people will pay for your umbrellas that say. Budweiser and other things on.them. They are very visually,cluttered, is thafsomettiing yowanticipate? What kind.ofbra�dirig doyou envision:coining out into that·space? Rolph responded that is an imp·ortanfquesticiri. Ttie·reasciri they like that.patio isibecause,it faces,to the west,and they,are open iii ,the morriirig. • So as'the·sun rises you get a.natural.shade. It is,riot.Homegrownis style to ,have:Budweiser·umbrellas. Their:thought.is·with the natural shade and.the lessthey stick out as somettiing.differentthan·the park, p_eople will\feel like ,they are in the.park while there. BOIIRO OF PARK COMMISSIONERS SPECIAL MEETING SeptE!mber. 25, 2019 Page 3 of 5  Hillman inquired.about Item 4 on page ,f ofthe·contrad; unaer lndemniJy;.itsay� "Dpugl_as shall indemnify,'.hold harmless and defenci'. .. etc:" .In the last sentence:of that paragr�ph it says/the terms•of.this paragraph shall.survive the'terminationrof ttiis agreement:'; boenhatiapply in thls situation, Where ifDoiiglas were·to leave and there wouid'.be.a period oftime betw·een·t'hat group,and another group coming-iii,,somehow; somebody is,g�ing:to.be,holding theiCity 'hann_less? :Sha ron:Dkkgrafe, responded',that,provision is,so • if an· incident,occu rs,di.lririg,this Use AgreelTlent:and nothing is-filed until.later. There is a_2year st'atute oflimitaJioJJs,for'any•�in�·of negligence action. The.purpose ofthati s that it:is going to,cover an�hing that:m11y pe fi]ed:after tlieterm.of the·agreement, which occurred during the;term;ofthe,agreement:, lt'is nO:t' a buffer thatthe' (guarantee us until.someone else comes in. Ramsey asked what is-the gap between the·plahters;_the space. Rolpt\'respohded"{ou ha\ie to have a dear delineation and it is clear you are supposed to,sta'{iri that.space. We i:loii!t want anyone to feel they are stuck in there, bufit aJso can't pe.-so wide. th_at,people wiU l?e confu�ed by it: Ramsey inquired if there,will be signage available stating that:it can'tJ!!ave thaJ1an!a. Rolpli responded whatever they are required to do 'by law they will do, 'P,aul tav_ender s_tated thatwas.part of the challenge. The wording,on.the.extension of premises·of the patios is.;thl:! area.has to:be marked .. Layton adde'd,the way itis drawn up right·now, the bigge'i°gaps are,thtee feet.and-then orie foot - in the"smal] . ones,withtables next .to each other .. Laveni - . er acfdedthey- - will be able towalk,between them. Gregory.stated it is likelytheState will reqi.lire,somersort.of • Nb Alcohol Beyond This Point. Ramsey inquired on Item #GA, it s,tates they can_m_ake,,at t_heir own,expe_nse; [i,:njted modifications to the property, and they have to submit that only to Jhe Park Direct_or. !t lo_oks like he is•the sole·approval.on whether or nonhat.can happen. It does•n_ot:hav_e to be brought before the Park Board, it'is up to his·sole discretion. Is th;tcorrect? Layton responded we are· patterning.this.after other Use.Agreements. Normally a Use Agreement-doesn't elien,Come•to the Council. lt'.s always approved by staff, as'well.as amendments: It is'i.lp•to you, . we'.tr:yfo make it, onceyou get the,origihal a'pproval, so the business does not wait.a long time to:make the changes,, ltjis at,y_our dis_cretiori how you want to handle that. Ramsey sta_ted-what,he has seen is atthe:Park Diredor's sole_ discretion,he-was going to letaJen_ce_go j_11. Ra_n,_s_ey·_st_ated li_e was personally not okay with that. He:is concerned that-something els_e;will slip through �r,ackJ, Layton responded it-is up.to the. BoarcJ; this,section is really. to pertain .to requireme_nts coming from the:State. You.decide, we can bring:it'back•to you or we can make surewe,coiifer with·you and som·ething goes out.,to you if.we'get'that request. Rainsey.stated.th·at:is what he0 wouid like to·see is•if there isfgoing•to be a modificatiomto this'that we would Hke,to see it before·;tinal approval. Layton responded we can make sure· it gets,sent to:the Park Board before final approvaUs,granted. Dii:kgrafe added'you may have totinl<ei''with _your 16 days theni d·ependihg upon the Park Board meetihg,cycle. Ramsey stated;he doesn't know. if the lioafd:wouli:I have.to meet, hejust 1Nouli:1:like tq lie aple.to'see'it, l_t-has beer_, a_p�ol>lem th,!t'We,dor)'t's_ee,it. layton stated.they a_re:noJasking to app_rove it,,t_hey �re.is_king to'b_e'i11fon:11_ed;a_bout it RaJJJ�E!Y .i_cfd_eff f they;jusi:-would like to•!>e,ih orrned. It has l>ee_n,�n iss_ue,where they{��e findi,ng outih;!he paper. Fahnestock stated:this;is a more of:a commlrnicatio_n i?sue:, W.e c_an do� l>efjer jgli of communicating. Councilmember BryanJr,ye saw 1_o_n'this on the,(ZonsentAgen_da>and ii:;t_art_ecf the:conv_ersation. He does notwant.to:sit'in-meetings,like this.to put:l,IP a flag. He_,tr,ustsJ)W Park Director to.make an informecl,.dedsion,on his'own. and oii'_our behalf when it1comes;to BOARD OF. PARK COMMISSIONERS SPECIAt:-MEETING ·sePte�ber, 25, 20i9 · - • Pa_ge 4-ciS,  ,communication we all can,do,a betterjob stayin·g informed,and ideally notwaking,up and· readingit-in'the·newspaper. We should ncit amendthe Use Agreement, we should leave it as is. HarLeriske;aqcl..ed yo_u can 1:Je,aflyis_ed of whaJ itis, and if you do have,a concern, your Bylaws allow yo_u. to call a spe_cial'meeting, RamsE'!ystated he jusfwanted fo IT1ake .sure,we di9n't all wake up and.read a_bout.somefhing, thatwas done; inthe paper andwe.are aware.before it happens. Motion.by. Fallli'estock,,second by.Cabral, ,IT WAS. UNANIMOUSLY VOTED to approve tile use agreement;with.Douglas,Develcipment,LLC fofpatio·sp·ace,at:NaftigEi'r'Park. (S"O). -Presiderifs - "" -. Update,(Eddie -. ' . -· - - - Fahnestock) --� • ' ---�- - - -- No Preside11t8pdate, Adjourn • 'There,beirig no·further business, the meeting was adjourned;'afappfoximately 3:59;p�rn'. The,next re· 1Jlarly scheduled1meeti11g will ,be- held on Monday, Novembef,18, 2019. Eddie, Fahnestock,, President· soAR·o OF PARK c6MMlSs10NERS SPECIAL"MEETING Se-pte"mbef, 25, _ 2019, • - -Page s ·o fS