Council - Special Meeting

No. Call the honor and I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God indivisibley and justice for all. Here

we got the agenda approver. Is that a motion? Second. All in favor? Again. Public hearing would open. Number two is Frank Creek holding Aldo ALU resing from R1 resident to R2 Markley family. So there's a country right now we want to go.

So the the fans were presented at the public and zoning but this council has not seen we have some. Yeah. I've given you guys that they can see bigger. And what's your name? Logan.

Two, one on each slot. You doing three of them? Um he three units see what he was wanting to do and then uh one of those on each of his lots.

So nobody from showed up. I will also you were there also. Um we did present these um I know the original plans were chocked with the setbacks and everything was good. Um planning and sewing there. There was one gentleman two gentlemen that did have concerns. Um and those were the only people that showed up at the other hearing and then did recommend moving forward with the with the request. Were their concerns taken care of or addressed?

But they thought the property values it was discussed and it was only it doesn't happen anyway. And then I can tell you that between then and now I have received no disputes, no nothing. And when I talked to the gentleman, he actually called me a couple of days later and I said, "Well, there's only two other out of the whole housing area in that area. You need to come more people and better reason."

Okay. And then I don't I don't think there's anybody in the audience that has any opposition or does anybody want to speak on Do you have anything else to present on it? You guys have any questions? If he has any testimony to give, he should be placed under he's just providing documents.

Um, if if there are no discussions right now, yes, you would need to close the hearing and then um you guys can make a motion to So I'm going to hear now and now I'm going to vote for the public recommendation.

Yes. Yes. Yes. So then so then at the next meeting the ordinance signature to officially. Okay. Thank you. Okay. Thank you guys. Thank you for showing up for me. No problem. Right now I'm going to open up the public hearing for Danny High1 res.

I have no question. That's the plan zone that they might say. So, planning and zoning. Um, Jacob Highly presented a resoning request for a build. It's already built to go from R1 to R2. You can kind of tell them what you want to do with your building if you want. Yeah. Just do a gym there and everything around is commercial. I like to do signage. So, put it in commercial for that to happen. Please. I thought I thought 66 was commercial.

It is not. We double checked and double checked and like we thought it was through everything and there are a very few that are not. He built a commercial building on R1. No, he built it as R1. He built R1. So he can so he can do what he was doing but to move forward with what he wants to do as via. In other words, you want to know what it has to build commercial or just You are too. He wants to approve. Okay. Yeah. And there was no opposition.

Opposition. The only question I had is I told Laney, uh, one of your neighbors asked if you were going to be doing anything outside basically with all that stuff that's sitting inside the building and whether or not you were going to be training outside too. Uh, we we don't plan on training outside. Plan on getting everything indoor pretty much. That's what I told. Okay. Thank you. I don't see no there. Do you? Anybody else would like to speak? All right. This time I'm going to close the public hearing. I'm not I ask for a motion. Motion. Second.

Roll. Wait. I make a motion that we take the public we take the zoning recommendation to reser.

Yes. Yes. Yes. You're there. That's it. All good. So then the next meeting we'll have the ordinance for signature. Are we done yet? Okay. Thank you guys. going down, right? Yes. We got red carpet to prove her.

Yes. Cost anything. So that's what I was supposed to find out. Yeah. There. Yeah. I did the same. There's no charge. Um I only looked at the agreement. It's their blank agreement that we have submitted for. So she said there was nothing wrong with motion. I make a motion that we accept. All in favor?

I street department. Uh, as you know, Bill Johnson left and uh we're looking for one someone take his place and I'd like hopefully y'all look at Alunda accept the board. I'll make a motion for Alunda for the department supervisor. I will any questions any yes? Yes. Yes.

Yes. assistant supervisor for this motion we make Jeremy supervis I'm going to ask our attorney here did you did you post it even internally yet this is in house it's not been posted at all you're going to have to post it at least internally first okay post it first want to post it Okay, you should make a motion. I make a motion to post. Are we going to post in the paper or just in house? In house. Second. We can do that.

If if you think if you think you have a qualified candidate already within the city, you can just post internally. But um if you're not certain of that, it would be more efficient to do both. So that way you don't have to come back and do that second step next time. But that's I don't know the answer to that. We do and house only. And only second. All in favor? How long are we writing this for? Can we do a week or we got to do two?

I would do two just bill agreement request and approver association. Can I recommend we get both at the same time since both I mean there there's one difference in the two. I personally think we should do both at the same time. It is it is you guys want to sit there or you want to come up.

Do you want my answer? You are How's the best way? Do you want me to just run through kind of what we discussed each one? You guys just want to read along what any suggestions, recommendations? I did read them all things that they want for each one.

Okay. So, these are the original agreements that I gave you guys all previously when they first came out. Um there were some changes, some recommendations, things whether to add, change, however it may be. Um just kind of going down um on the terms, we did change the terms from the original contracts we had from January to December because the soccer I know for sure we approved a year long like year use and so I think they're all changed to the whole year. Is that okay with you or do you prefer different dates?

I'm fine with it. I mean I feel like that kind of gives you coverage um for storing equipment and things under that there. Uh my only hesitation would be as far as like liability reasons. Um, obviously our season ends in Octoberish and so you know if if that makes us liable even for things that happen there when we are technically out of season then that would be my concern which is going to be addressed later in the contract. Yes. Which is a point later in the contract. Okay. So leave this as as for now. Yeah. Okay. Um go ahead. So then we going to do one at a time or do both in the motion? Can we go through all of them and then if there's no opposition

as you said most of the changes are similar so it might just be they are identical. Okay. So maybe let's go through them and then if there's something we need to come back and touch on or do you

So um under number three there is a question um of like the definition of maintain. So in the paragraph it says in particular the program one will keep clean and otherwise maintain all restroom structures concessions and features fences and related improvements. Well they're also listed under city responsibilities. So what would that definition of maintain be or can that be more changed to like report that maintenance is needed on those items for the city to take care of? um that could be changed or we could further define you know drill down a little bit on what maintain means but keep clean and you know in in working order. Um but we can we can make some changes to that. You could actually take the the maintenance out for that first part because about the fourth line down, it says CBP will not use, care for, or maintain the facilities.

But it's saying we're authorized in a manner which will cause any depreciation or damage. Right. So, yeah, it was kind of a that that's the limiting on that. You're you're not going to allow anyone to Yeah. that cause depreciation or damage to the facilities. So they're those those two aren't contradictory, but if you want to take out the word maintain from that second sentence if you just want them to keep clean all of those areas um and you could put a requirement in here that they're to notify. Okay, if any maintenance is needed.

Okay, so keep clean or report maintenance needs. Okay. Um so number four, so your responsibilities um would like to add um working security cameras, the upkeep of the security cameras and lighting. So you know we already provide cameras. Obviously the upkeep would be because we own the cameras and then the city has always taken care of all of the lighting fields anyways. It is just not listed in here as one of our responsibilities. Any objections to any of that? Okay. Um so moving down to number seven. Um asking if that date of December 31st can be changed to January 31st. Just allow a little more time to get for for turning inward.

If your year ends on December 31st, it's kind of impossible to turn in a report the same day to us. Okay. So, no objections to that didn't matter to us. I suppose that's fine. But if that date doesn't match the date of the term of your agreement, then what's the what's the consequence if the agreement's over and they don't have to turn in the accounting until after the agreement ends? Well, the actually if you read under the terms, it says that it automatically renews every year. So once we sign this, this contract is going to automatically unless notify otherwise. Correct.

Yeah. So good that one. Yeah. Okay. Um so moving on to number eight, the use of excess revenues. Um actually being asked if that entire section can be removed. We're not leasing the fields. So allow

Well, you're not leasing the fields, but just our our comment would be is they are using city facilities. Um, and if they are nonprofit notfor-profit organizations, if they are keeping those funds, that's basically turning them into a profit, for-profit organization. So, that's our comment upon review of that request. That's really the only comment we have to make about that. It's the city's decision. If they say they left the city property, but they kept their their 501c and went somewhere else, we would still have no right to the money, right? Because they still have their 501c active. They just went somewhere else,

right? It's just it, you know, does the city want to receive something in exchange for use of its facilities? Are they required to put any money into to help maintain improve city facilities for the use every year? Can I add to that though? We

should leave it as is. So, so that's what you and I what we were talking today like you know if it's left to a decision of the board if they can see that you they've put money into the field can they make the decision one way or the other or does it need to be worded differently if that were the case? Can we do like at discretion of the board or something like that and direct I want to see the rewarding on that but that that might be possible. The concern from our side is it it's it's multiaceted. So the way that the states says any excess revenue has to be put back in. So when you run a business, when you run a program, you cannot put every single dollar back in and start your next year with a zero balance. It's that's not you you don't run a business, you don't run anything that way. Additionally, the very last line says that at the termination of this agreement that if there was any money left over that um it would all go back into the facility. And so the concern is we've watched two youth programs have issues, right? One of them lost an agreement with the city, but they continued their program. The way this reads, if God forbid, something like that happened to either of our program, we would not be able to continue having a program. If we wanted to play in another town, if we wanted to take this in the county, whatever the case may be, we would not be able to continue a program if every single dollar has to go back into the city fields.

I agree. Because we let them use our fields for free. Why would we make them give any money back? I don't think we should give them money back. I think we put the falls in there. They could hold the money for next year uh equipment or something, you know. It's not our money start. They raised the money. So why can't we put a clause in there saying they can maintain up to they know they can't say that many thousand? You want to put a clause in that they can, you know, any funds in excess of a certain amount. Yeah. Certain amounts. That' be good because you know you ain't going to rinse this amount anyway. You know what I'm saying? So you're good with that. What would you recommend on the dollar?

It says 25,000. On the next page, it does say 25,000. So, so the the the question was either remove it completely. We can't remove it that last line and change the dollar amount. You said it need to be in there because they're not for profit. So, let's just put the Well, I think the statement was more this city should see some sort of return. Well, it's both points, but can we take that out? Uh, I don't recommend you take the whole thing out, but why don't we put the dollar? That's what I say. That's what I put.

You can have up to $100,000 in the account. So, anything over $100,000, you know, the city. Is that what you're saying? So, like if we chose to up it, we could have Well, they've asked for anything over 25,000. So, if that's sufficient, you are attorney. What do you recommend? Well, I can tell you when Lance and I discussed this, we recommend not not changing that whatsoever. But that's your legal opinion. Okay, that's what I want to go with.

But that's So, I'm confused as to why though, like what I don't understand like if the city doesn't have access to our accounts anyway. So why why did they get the money back? It's our program. They're not charging us to have these fields. So what's the purpose of I don't understand what that is. We understand that. But um there should be contribution for of some sort for using the city facilities. We're donating hours and hours and hours of our time up there as a we're receiving jail refunds for at all other than volunteering. I mean, we put in 40 plus hours probably up there every week.

Well, I understand that, but that's not to the facilities to improve. So, we don't change nothing. They still got that amount of $25,000 they keep. Correct. No, they're going to train our bed. What? I think we need a tax. I mean, there's there's a park tax that you guys are getting to fund the community. Well, well, first off, I know that money gets put back into the facilities because I've been involved with the baseball programs. I have not with the soccer, but I know you guys are doing what, like $10,000. Yeah. We just did 10,000.

So, I know money's going back in the facility since I've been involved in the baseball one myself. I said we just put a money let's leave it like they said but let's put a let's put a high ceiling on the money so that if they ever do move or they leave the program or whatever they don't have to shut the program down they would start sometimes. So saying whatever is so if you guys put say $50,000 on there and we had $75,000 sitting in the account when we got ready to leave you would take the 25 anything over that 50 but might be left over from this year. We never had that in there. That's he's I'm just

kind of giving like an unrealistic number. But if we were saving from year to year, I don't want to save $10,000 because we had $10,000 to put into the field. So like if you're you fund raise and then you have some extra funds each year, you're going to make the difference improvements and you need that. You know what I'm saying? And so it may not be spent by this date, but it could be spent in March instead of January. Yeah. Yeah. So change it to 50. So leave that clause. Um but change the remove the last line, but then change the excess revenues to over 50,000. Okay.

Is that okay? Leave it. Leave it in there. 50 and remove the last remove the last line 50. Yeah, got it. Okay. And then um I'm sorry, I was looking at one green but not the other. I did skip number six on um the soccer. So um the ball program, hello. The ball program didn't did not need this one, but um soccer asked for under number six, the community access. They would like to add um a written notice of blackout days 30 days prior that would affect any tournament dates or games for scheduling purposes. Okay.

Okay. Is that my thing? Yeah.

I'm sorry. You going to add a paragraph or you put that in number six? Uh you will soon out of it and I assume 30 days notice is an issue that's can always be given. Well, and we talked to I mean that's at least 30-day notice. You know, if something comes up and we go directly to Amy and she's like we have nothing going on, that's fine. Then even if it's like I just want notice so that I have a tournament, people are coming in from Kansas City or something, I want to be prepared and I don't want to be like last minute screaming and if it's just like our practices or whatever, I don't care if it's okay a couple weeks notice or whatever. That's different. But something major, right?

Okay. So that's okay with everybody now. Yeah. Okay. So then number seven, we did number eight. Okay. Number 10 under termination and return of facilities. Um asking to take out the line that says immediately terminated and controlled at facilities immediately return. asking to change or add something to that that says, you know, that the city would give a written notice first um and be given first of like let them be notified of damages or disapproval, give them 30 days to improve before termination. So basically not default like basically instead of just saying that we're terminating it right away and a right to

there's been a problem like can you unless it's intentional breach of the contract. I mean, I can I there are certain situations, but like if it's like if I go up there and I paint a huge soccer ball on the building, of course, that's going to be termination. But like if I don't know if it's something minor, we honestly did not know that we weren't supposed to be doing something hanging banners on a fence or whatever. We didn't have the permission or whatever we needed. Like it should be brought up first is all I'm asking is that we discuss it and say, "Okay, this is how we can fix this." before just saying sorry turning the key to the contracts I want to do a

different so any objections to adding that okay so then um the last one so number well I don't know where this goes this is discussion to add um there's been discussion of adding something within this that says that these organizations are only responsible during their practices their game for tournaments and not responsible for just citizens going down to the fields or the parks or community events. So, I don't know whether that's a reliability. I don't know if that's like a like its own little section. I don't know what we do with that. The question that comes into play is um basically number 17 says that the city's not liable for any damages um caused to a person's property, all of the things during the time of this agreement. So that's from January until December. So I know like for for the ballpark, there's a playground there. It's also it's a park. People utilize those fields on a Saturday or Sunday. There might be people down there right now hitting balls. There's people that sit there on their lunch break. They take their kids to the park. Whatever the case may be. I do not feel comfortable signing an agreement that says that I'm solely responsible for all of those individuals when it is an open park that people can attend, you know. Um what if we is there a way to add something on there that you have to be you have to be like registered or signed up through this program

like responsible for for the people that have signed up with us. I think you can correct something. Yeah. Something along those lines like you know like I can't go down there and say, "Oh, I play on this team down here." And you're like, "Well, let me look." You do not. So therefore, well, you do have spectator insurance that covers your spectators. Well, but like if what I'm saying is park's rented out, I shouldn't be respons or Jerry's up there moing and there's phone accident like I shouldn't be responsible for that. You like that should be on you or the parks rented out for the day. I shouldn't be responsible if people are over there playing soccer and somebody breaks away.

There's a church that holds a block party at the fields every single September. They used to have an egg hunt there. Those things have nothing to do with the ballpark. Um, but if somebody gets hurt there, I feel like the way that this is written, they can come back on us and you know, this contract says that now somebody tries to turn it into our insurance, it's going to get denied and then there's going to be a whole a whole issue. If somebody's up there on their kid is playing in the playground or whatever, they fall in the rocks that is they were just there using the playground. Yeah, I don't think that's ever the intent of the city.

Your program responsible, but I understand your point. Do you think can we come up with something that we could probably add in there? Yeah. I can't bring my 10 kids down. I mean, you can do it, but I mean, you responsible.

And I think like the additional question also comes into play. How do you handle somebody that wants to use the ballpark. If they call and they want to use the facilities for a Saturday and it has, you know, there's not a conflict with us. There's a lot of people that hold benefit softball tournaments. Obviously, they're not our players. I don't know that I feel comfortable as a volunteer asking them for insurance. That shouldn't necessarily be my place. They're over there almost every night. Somebody even when you guys aren't there, people just walk over there and turn lights on and dad's in. Yes. And then they leave the lights on. I go over about twice a week and turn lights off.

Right. Right. That's your region question. I don't know. But I I my question for protection for myself. What is the city asking for liability wise from anybody that uses the field? So if they come through us and like In the event that the city holds, we request like a million dollar liability policy for them to use any of your like if they're going to rent good park or something, they have to provide. So, I mean, we can make sure and start doing that. So, a lot of times, like I know with your facility,

a lot of times, you know, we don't we don't schedule that or anything. So, a lot of times they just go straight to you guys. So, you may have to just be like, "Hey, so and so called it's free that weekend if they want to use it." And then they would have to reserve it with us and we would have to require their insurance. Yeah. I mean that's I mean you know we have to work together but I mean that's not as far as like scheduling and stuff. So okay that's I think that was those I those are all the changes and

I want to ask something about it. Okay. You all make a lot of money assessment stand. That's how you pay your breath and all. I don't see anything in there saying that I while you're having that ball program going. I can't bring a food truck in. I think you need to put something to protect yourself about your li you can say if a food truck comes in or not come in because you could be playing ball two food trucks and pull in there and you may not sell nothing. The assessment stand. That's correct. You know what I'm saying? But I don't want them completely. We have a food truck that sponsors our program. That'll be up to you guys if they come in or not. I think then there should be something on there that stays. But isn't that kind of

He's saying don't let them in your parking lot. That kind of doesn't that fall under But are we not in char like I think we've had this discussion and I don't know. I don't know. I mean I feel like it kind of falls under just the licensing that we have a non-exclusive license for us to use the ballpark. So, I mean, shouldn't that give us the right to tell people no? I want legal advice at here. Yours is non-exclusive. So, no, you don't necessarily have the right, but they shouldn't be. But you have licensing requirements to the food trucks come to you and ask you if they could.

So, they are supposed to business license and stuff. Yes. But I don't we don't have any policies that restrict where they can and cannot go because normally they're on private property. So we don't but they can't set up our our parks without asking they should not be able to because you technically are not supposed to use city facilities and make a profit. So they would have to be like nonprofits. But then I still don't know. We I don't know how to Why can't we make an ordinance to that affect the the subsidy to keep the food trucks off the state property unless property permitted

unless approved? I was going to say invited by you're not going to be invited, but that's your saying that it needs to be like open to to the invite during our time. But we're going to fall into the derby and they have food trucks set up and they they

like ours is taking it off. Like ours is just for that. I mean, we're dealing with if football still brings up a food truck, then we get to deal with that. If the dirt is going on, they're bringing in food trucks. their activity don't start until 5:00, 6:00, whatever it is. Their their food trucks got up and they're open for sales at I think it was around noon last year. But they're not there all the time. Just once a year maybe. Yeah. But out of six weeks out of sale. Can we do that anyway? Oh, we'll look at crafting some language for you to look at for a possible ordinance on the food trucks.

Be a best thing. They can use their food trucks or they give permission to use the other. Yeah. I want to protect them. That's what we're trying to do. Yeah. Otherwise, but it's up to us if we don't allow them on our property. Okay. I mean, ours is a little harder. When the derby comes, you have to have food. cuz they're running. They're actually running. They have to get permitted to do that. Okay. And then like I said, well, like football program right now has they they allow a food truck to set up with their concession stand because the food truck doesn't compete. It doesn't sell different things.

It's a whole different thing. And then that company donates to the program out of their total sales for the day, which is a win-win situation. I don't know how I think I can make more money than that food truck can get me back in sales. Well, no, they're not competing, right? I'm saying for their program it works because she's not competing with them because she's not providing the when I went up there the other night, she provided a whole different gambit than what they were selling in the concession stand. So, it was a win-win for them. But I don't know about when all of you are out there on time. We're not worried about air truck. We're worried about tradition.

So, so here's my question as far as these agreements. Are we wanting to put something regarding food trucks in these agreements or are we waiting to see if we come up with something regarding food trucks in general? I would not yet. I think we need to see about the food trucks in general. It sounds like it could be a bigger issue applicable to more things than just the two of them their programs. So let's see if we can potentially craft an ordinance about that. It's not putting something in the contract.

So then as far as these agreements and and changes I didn't the only change that I have on here is changing the 25,000 to 50,000 and then you're going to give me you know we're going to work on yes like adding creating whatever number 17. So other than that there was no disputes. So I mean do we how do we feel about it? I figure that when I how I feel I feel that whenever all the changes have been completed then these they agree to these contracts then then we do we make a motion to approve these changes now. So start or leave

not until they get changed. No nothing signed yet. It's not a final contract. So, but but we're saying that we can move forward with these changes and then you will make we'll make the changes and then present and then you'll approve it then any idea approximately how long her program is going to be starting face. That's so if we do so the next meeting is what? April 9th is your will you guys?

Sure. Well, I'm asking. So, I mean, depending on you guys' thoughts and Emily, I mean, we can do like an approval of this and then have the ordinance ready also to sign, correct? Can we do both of them in one night? I don't see why you can't. So, we can get this to you next week for you to distribute. Is your phone is that way too late for what you guys? I mean, I'm taking signups right now, so worst case scenario. I guess I'm returning everybody's money, but

we're taking it legal. You're going to get We've already said, "Okay, we're trying to get it legal so we can do it the right way." So, Right. Right. I don't want you to approve anything at this moment tonight because we've just talked about Yes. change it. We'll incorporate that, but we don't know specific.

Were you wondering okay? Okay. Okay. So then we'll work on those once it's received. Make sure you guys get out and review them. And we see that uh that can we see the food truck into uh do my best. Thank you. I mean,

is it wrong with each other? You've asked a food truck to come on during our camp. The funding session is not open at all. If you're having to make sure that it's all okay for them to be planning on it and screw up their schedule. Okay. Thank you. Second. Second presented. All in favor?