By KALEY CONNER

kconner@dailynews.net

While an occasional foul ball from Larks Park finds its way over the neighboring fence of Hays Aquatic Park, the issue isn't something that's likely to land the city in hot water, City Attorney John Bird said at Tuesday's work session.

Bird said the city would not be liable for accidents occurring within close proximity to the baseball field due to recreational immunity provided for by state law.

"I'm respectfully telling you I think this might be a solution looking for a problem," he said.

The commission heard from Parks Director Jeff Boyle and Hays Recreation Commission Superintendent Roger Bixenman, who said the issue sparked concern during summer months.

Commissioners were presented with several possible solutions to minimize the risk of foul balls from the baseball field entering the swimming pool during business hours, including altering the schedule of both entities to avoid conflicts.

It was suggested the Hays Baseball Association could relocate games to another facility, and Larks games conflicting with pool hours could begin at 6:30 p.m. The pool also would close 30 minutes early.

Options for additional netting or a new backstop also were discussed, but were deemed too costly.

Depending on which option was selected, costs were estimated at a range of about $85,000 to $126,000.

Commissioners agreed to continue monitoring the situation and take smaller steps to address the problem in the meantime.

"Myself, I'm thinking that we need to do maybe a couple of things," Mayor Ron Mellick said. "(We should) have the aquatic park ... keep track of how many balls we actually have coming over on the fly and into the fenced-in pool area so we can tell if we really have a problem."

Signs warning of possible danger during game hours will be posted, and the city also will replace a damaged safety net at the ballpark.

Many of those balls bounce through the fence after hitting the asphalt, but others are hit directly into the park. No injuries have been reported due to foul balls entering pool property.

While it's not known exactly how many balls were found at the pool this summer, Boyle said crews collect several 5-gallon buckets full of them every year. Most of those balls land near the deep end of the lap pool.

"I consider that to be a large quantity, one way or another, entering the pool," Boyle said.

In other business:

* The city conducted its annual joint meeting with Hays Recreation Commission officials. HRC has proposed a slightly longer swim season, with HAP opening May 24 and closing Aug. 18, and Wilson Pool open from May 31 to Aug. 15.

City staff also will begin negotiations with HRC officials to determine what role the recreation commission will play in the future sports complex.

* At next week's regular meeting, the commission will have a public hearing for creation of a Community Improvement District at 48th and Roth for a new hotel and possible restaurant.

An ordinance authorizing that district also will be acted on next week.

* Commissioners heard an update from city officials regarding a "Fly Hays marketing group at Hays Regional Airport and the police department's trap, neuter, return program for feral cats.

To date, the city has identified 42 TNR colonies containing 167 cats.

* Annexation of King's Gate Addition will be on next week's agenda, and a preliminary plat for the property, located north of 41st Street, will be discussed at a later meeting.

*  A resolution for improvements in a portion of the Tallgrass Addition will be acted on next week.