CITY MANAGER'S OFFICE MEMORANDUM

Transcription

1 CITY MANAGER'S OFFICE MEMORANDUM November 10, 2014 TO: FROM: SUBJECT: City Council Maxwell Gagin, Assistant to the City Manager Second reading, public hearings, and action on proposed ordinances authorizing various user fee changes as part of the 2015 City budget. (File Ordinance Nos , , and ) Relates to Strategic Plan Strategic Goal - Financial Sustainability Adoption of the proposed ordinances would increase certain user fees to help offset the cost of providing those services. These user fee increases support the proposed 2015 City budget as well as sustain the City s long-term financial health by increasing non-property tax revenues. Executive Summary City Manager Mark Freitag presented the proposed 2015 City budget to the Council at a special Council meeting on October 14, As part of the proposed 2015 City budget, the City Manager recommended increases in real estate search fees, ambulance fees, and community development permit fees to help offset the cost of providing each service. At another special Council meeting on October 21, 2014, the City Council discussed these fee increases, proposed changes, and directed staff to incorporate the additional fee revenue into the 2015 City budget. The proposed ordinances are intended to fulfil the direction provided by the City Council at that meeting. City Recommendation The City recommends adoption of File Ordinance Nos , , and authorizing various user fee changes as part of the 2015 City budget. Suggested Motion I move to adopt File Ordinance Nos , , and authorizing changes to the bartender license fee, community development permit fees, and establishing a boat launch fee. Background City Manager Mark Freitag presented the proposed 2015 City budget to the Council at a special Council meeting on October 14, As part of the proposed 2015 City budget, the City 1

2 Manager recommended increases in real estate search fees, ambulance fees, and community development permit fees to help offset the cost of providing each service. At another special Council meeting on October 21, 2014, the City Council discussed these fee increases, proposed changes, and directed staff to incorporate the additional fee revenue into the 2015 City budget. Options Adopt File Ordinance Nos , , and authorizing various user fee changes as part of the 2015 City budget. Amend File Ordinance Nos , , or before adoption. Defeat File Ordinance Nos , , or , thus not authorizing various user fee changes as part of the 2015 City budget. Analysis Real Estate Search Fees Currently, the City charges customers $30 to conduct real estate searches. The proposed 2015 City budget recommends increasing the real estate search fee from $30 to $40 to help offset the cost of providing the service as well as charge a comparable rate to peer communities. The proposed fee is set as part of the budget adoption process and will go into effect on January 1, Increasing the real estate search fee to $40 is projected to generate an additional $21,000 in General Fund revenue for Bartender Licenses Fee (File Ordinance No ) Currently, the City charges bartenders $50 to obtain a two-year operator license. The proposed 2015 City budget recommends increasing the bartender license fee from $50 to $60 to help offset the cost of administering the program as well as charge a comparable rate to peer communities. The rates charged by regional and peer communities can be found below: 2

3 Adoption of File Ordinance No will increase the bartender license fee to $60 and is projected to generate an additional $6,400 in General Fund revenue for Ambulance Fees The Janesville Fire Department charges patients a fee when transported by ambulance to local hospitals. The amount charged for an ambulance transport depends on the level of care required (ALS 1, ALS 2, or BLS) and the number of miles traveled. The current and proposed ambulance fee schedule is found below. Advanced Life Support Advanced Life Support (ALS) Level 1 (ALS) Level 2 Basic Life Support (BLS) City Resident Non-Resident Resident Non-Resident Resident Non-Resident Mileage Beloit $1, $1, $1, $1, $ $ $16.00 Eau Claire $ $1, $1, $1, $ $1, $16.00 Waukesha $ $1, $1, $1, $ $ $25.00 Janesville (Proposed) $ $ $ $ $ $ $17.00 Sheboygan $ $ $ $ $ $ $16.00 Fond du Lac $ $ $ $15.00 West Allis $ $ $ $ $15.21 Racine $ $ $ $ $ $ $14.75 Oshkosh $ $ $ $ $ $ $15.00 Janesville (Current) $ $ $ $ $ $ $16.00 Additionally, the table above includes the rates charged by peer communities for comparable levels of service. Ambulance fees are set as part of the budget adoption process and will go into effect on January 1, Increasing ambulance fees as outlined above is projected to generate an additional $105,000 in General Fund revenue for Community Development Permit Fees (File Ordinance No ) Staff has proposed updates to the community development permit fee schedule that balances the need to recover the cost of providing services while ensuring the City remains competitive in the development marketplace. For perspective, the community development permit fee schedule has not seen a substantial update since 2005; however, the cost of providing services has increased over that time period. As such, the proposed fee schedule would increase permit fees by $0.02 per square foot and raise the minimum permit fee by $10. Adoption of File Ordinance No will update the community development permit fee schedule as documented in the proposed ordinance, effective January 1, 2015, and is projected to generate an additional $67,196 in General Fund revenue for Boat Launch Fees (File Ordinance No ) At the special Council meeting on October 21, 2014, the City Council directed staff to establish a fee for use of City boat launches. Staff has proposed a $6 daily and $30 annual boat launch fee. According to the WDNR, boat launch fees charged by municipalities must be used only for the operation and maintenance of boat launching facilities. This would mean a special revenue account would need to be established and boat launch fee revenue would not be accrued as part of the General Fund. Staff estimates approximately $2,000 in start-up costs for lockable, vandal-resistant containers; signage; and staff time for placement of containers/signage at four launches. Additionally, staff 3

4 time would be required to check vehicles on a regular basis as well as to collect money. Assuming a seasonal employee was to collect money weekly throughout the summer; staff time would total about $600, not counting random stops at launches by full-time/seasonal staff to see if boat launch users are paying. Adoption of File Ordinance No will establish a $6 daily and $30 annual boat launch fee to help offset the cost of operating and maintaining City boat launches. In 2015, the program would have a net cost of $100 due to startup costs, however, the City should generate $1,900 in revenue each year thereafter. Conclusions Adoption of File Ordinance Nos , , and will increase user fees in support of the proposed 2015 City budget as well as sustain the City s long-term financial health by increasing non-property tax revenues. Restated City Recommendation The City recommends adoption of File Ordinance Nos , , and authorizing various user fee changes as part of the 2015 City budget. cc: Mark Freitag, City Manager 4

5 ORDINANCE NO An ordinance amending Chapter 15, Buildings and Construction of the Janesville Municipal Code to modify the fee structure for permits, with penalties for violations thereof, together with injunctive relief and remedies upon default of forfeiture payment as set forth in JGO , and the applicable penalty provisions in JGO Chapter THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. follows: Section of the Code of General Ordinances of the City of Janesville is hereby amended to read as CITY OF JANESVILLE BUILDING PERMIT FEES (Effective Date: January 1, ) I. BUILDING PERMITS A. Residential 1. New Construction, Additions and Alterations (per s.f.) $0.085$0.110/s.f. $0.13/s.f. 2. Fire Restoration (Minor) & Roofing $ Foundations, Garage ( s.f.) $75.00 $80.00 $ Accessory Buildings ( s.f.), Swimming Pools, Hot Tubs/spas & Fences $35.00 $40.00 $50.00 B. Commercial 1. New Construction, Additions and Alterations $0.075/s.f. $0.095/s.f. 2. Fire Restoration (Minor) & Roofing $ Tents/Canopies $0.05/s.f Foundation only $75.00 $ Fences $50.00 II. III. IV. RESIDENTIAL PLAN APPROVAL A. 1-2 Family Dwellings $45.00$60.00 $70.00/unit B. Erosion Control $ $85.00 COMMERCIAL & INDUSTRIAL BUILDING PLAN APPROVAL A. 0-2,500 sf $0.17/s.f. $0.19/s.f. B. Over 2,500 sf Same as Dept. of Safety & Professional Services Fees C. Tents/Canopies $0.10/s.f. MOVING BUILDINGS A. Principal Building $ B. Garage under 750 sf $ V. DEMOLITION A. Residential Structure (per building) $ B. Minor Interior (per project $50.00 C. Commercial (per building - $ maximum) $ D. Garage / Shed (per building) $50.00 E. VI. CERTIFICATE OF OCCUPANCY

6 A. Dwelling Unit $25.00/unit B. Commercial/Industrial $50.00 $60.00 C. Tents/Canopies $25.00 VII. RE-INSPECTION & AFTER-HOUR INSPECTION FEE (per inspection) $ A re-inspection fee shall be charged on residential, commercial or raze or repair building/ remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the building inspection department. VIII. MINIMUM FEE $50.00 $60.00 Exceptions: Accessory Buildings, Swimming Pools, Hot tubs/spas & Fences IX. Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee. CITY OF JANESVILLE HVAC PERMIT FEES (Effective Date: June 1, 2004 January 1, 2015) I. NEW RESIDENTIAL A. 1 & 2 Family Dwellings $60.00 $70.00/unit B. 3 units and more (apartments, CBRF s, etc per dwelling unit $60.00/unit II. RESIDENTIAL REPLACEMENT OR ADDED FURNACES, OR ADD-ON COOLING UNITS (all sizes) $60.00 $70.00/unit III. COMMERCIAL NEW OR ADDITION HEATING AND COOLING UNITS, ALL SIZES (with or without an added heating or cooling unit) A. Group 1 $0.06 $0.08/s.f. This group shall include new and additions to: general offices, barber shops, beauty parlors, bowling alleys, dry cleaning establishments, clinics, natatoriums, shelters, hotels and motels, taverns, restaurants, cafeterias, retail establishments, where manufactured products are bought and sold, repair garages, service stations, churches, assembly halls, theaters, exhibition buildings, educational institutions, hospitals, nursing homes, places of detention, gymnasiums, arenas, laboratories, lodge halls, funeral homes, libraries, skating rinks, dance halls, armories, and vehicle storage garages B. Group 2 $0.04 $0.06/s.f. The use group shall include new and additions to: warehouses, freight terminals, storage buildings, refrigeration storage, factories, machine shops, transformer vaults, sewage treatment plants, heating plants, steam and electric generating plants and other buildings not classified in Groups 1 & 2 C. Three or more dwelling units $70.00/ dwelling unit IV. COMMERCIAL REPLACEMENT OR ADDED HEATING AND COOLING UNITS, (all sizes) $60.00 $70.00

7 V. COMMERCIAL KITCHEN EXHAUST HOOD $50.00 $125.00/hood VI. RE-INSPECTION & AFTER-HOUR INSPECTION FEE (per inspection) $ A re-inspection fee shall be charged on residential, commercial or raze or repair building/ remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the building inspection department. VII. MINIMUM FEE $50.00 $60.00 VIII. Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee. IX. Square Footage Definition New and Additions Square Footage: Interior Alterations Square Footage: Outside dimension of useable building area length x width (Useable means floor area with at least a 4' ceiling height). Inside dimensions of room(s) length x width CITY OF JANESVILLE RESIDENTIAL ELECTRICAL PERMIT FEES (Effective Date: January 1, ) I. NEW RESIDENTIAL ELECTRICAL PERMITS A. 1 & 2 Family Dwellings, Including Attached Garages ,500 sf $115.00$ $135.00/unit 2. Over 4,500 sf $140.00$ $160.00/unit B. New Apartments (3 units or more) $50.00/unit II. RESIDENTIAL ADDITIONS, ALTERATIONS OR UPGRADES A. Service Entrance and Generators $35.00 $45.00 B. Temporary Service $35.00 $45.00 C. Outlets, Switches, and Lighting Fixtures $0.75 $0.95 D. Heating and Ventilation (see heating code) 1. Electric Baseboard Heaters (per section) $0.75 $ Oil Heating Systems $10.00 $ Gas Fired Heating Systems $10.00 $ Exhaust and Ventilation Fans $ Central Air Conditioning (see heating code) $10.00 $11.00/unit 6. Duct Heaters/Electric Furnaces Emergency Lighting $10.00 $100.00

8 E. Miscellaneous 1. Feeder or Subfeeder Changes $10.00 $ Audible or Visual Electric Signal Communication $ Fire Alarm Systems (per device) $2.00 III. FIRE/SMOKE ALARM SYSTEMS (3 units or more) A. Plan Review (per unit) $10.00 B. Testing Fee (per device) $2.00 IV. III. MINIMUM FEE $50.00 $60.00 V. IV. RE-INSPECTION & AFTER-HOUR INSPECTION FEE (per inspection) $ A re-inspection fee shall be charged on residential, commercial or raze or repair building/ remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the building inspection department. VI. V. Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee. CITY OF JANESVILLE COMMERCIAL ELECTRICAL PERMIT FEES (Effective Date: January 1, 2015) VII. I. COMMERCIAL ELECTRICAL PERMITS A. New Commercial Buildings and Addition 1. Group 1 $0.07 $0.09 s.f. This group shall include new and additions to: general offices, barber shops, beauty parlors, bowling alleys, dry cleaning establishments, clinics, natatoriums, shelters, hotels and motels, taverns, restaurants, cafeterias, retail establishments, where manufactured products are bought and sold, repair garages, service stations, churches, assembly halls, theaters, exhibition buildings, educational institutions, hospitals, nursing homes, places of detention, gymnasiums, arenas, laboratories, lodge halls, funeral homes, libraries, skating rinks, dance halls, armories, and vehicle storage garages. 2. Group 2 $0.04 $0.06/s.f. The use group shall include new and additions to: warehouses, freight terminals, storage buildings, refrigeration storage, factories, machine shops, transformer vaults, sewage treatment plants, heating plants, steam and electric generating plants and other buildings not classified in Groups 1 & 2 B. Commercial Alterations and Upgrades 1. Service Entrance & Generators $35.00 $ Temporary Service $35.00 $ Outlets, Switches, and Incandescent Fixtures $ Light Fixtures (Fluorescent, Metal Halide, and Mercury Vapor) $ Trole-duct, Bus Duct, and similar systems $10.00 $ Electric Baseboard Heaters (per section) $2.00

9 7. Exhaust and Ventilation Fans $5.00 $ Motors a. Machines w/electric Motors 1) Less than 5 horsepower $10.00 $ ) 5 horsepower and larger $10.00 $11.00 b. Heating and Cooling Units (per unit) $35.00 $ Miscellaneous a. Transformers, Reactors, Rectifiers, Capacitors, $10.00 $11.00 Heaters, Converters and similar devices b. Feeder/Subfeeder Changes $1.00 c. Audible or Visual Electric Signal Communication $1.00 C. Three or more dwelling units $60.00/unit VIII. II. FIRE/SMOKE ALARM/SUPPRESSION SYSTEMS A. Plan review (maximum fee of $5,000) $.010/s.f. Plan review (3 or more dwelling units) $10.00/unit B. Testing Fee (per device) $2.00 VI. III. RE-INSPECTION & AFTER-HOUR INSPECTION FEE (per inspection) $ A re-inspection fee shall be charged on residential, commercial or raze or repair building/ remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the building inspection department. VIII. IV. MINIMUM FEE $50.00 $60.00 IX. V. Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee. CITY OF JANESVILLE PLUMBING PERMIT FEES (Effective Date: June 1, 2004 January 1, 2015) I. RESIDENTIAL PLUMBING PERMITS A. Per Fixture (including new water heaters, new water softeners, storm inlets, roof drains and hose bibs $7.00 $7.50 B. Sanitary Sewer/Water Service/Storm Sewer Excavation $50.00 $60.00 C. Air Admittance Valve (per valve) $25.00 $35.00 II. COMMERCIAL PLUMBING PERMITS A. Per Fixture (including new water heaters, new water softeners, storm inlets, roof drains and hose bibs) $7.00 $7.50 B. Sanitary Sewer/Water Service/Storm Sewer Excavation $50.00 $60.00

10 C. Air Admittance Valve (per valve) $25.00 $35.00 III. GUIDELINES AND CRITERIA FOR PLUMBING PERMITS A. Permit Fees shall be submitted per Section of the Code of General Ordinances of the City of Janesville. B. The Following are Subject to Permit Fees: 1. All new fixtures and appliances as indicated on the application form furnished the applicant, including water heaters, water softeners, storm inlets, roof drains, and hose bibs; 2. All plugged or capped openings left for future installation of fixtures; 3. When any change is made in the water, soil, waste or vent piping which necessitates the resetting of any plumbing fixture or appliance, each fixture so affected; 4. All building sewers (sanitary), building sewers (storm) and water services; 5. Clear water, water only, water and wastewater, or wastewater only meters and related piping. IV. RE-INSPECTION & AFTER-HOUR INSPECTION FEE (per inspection) $ A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in comformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. An after-hour inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects when the inspection is performed at a time outside of normal business hours of the building inspection department V. MINIMUM FEE $50.00 $60.00 VI. RESIDENTIAL & COMMERCIAL PLUMBING PLAN APPROVAL A. Plumbing Plan Approval required for the following installations: 1. New installations, addition and alteration involving 6 or more fixtures, to be installed in public buildings. 2. Grease interceptors to be installed for public buildings. 3. Garage catch basins and oil interceptors to be installed in public buildings. 4. Automatic car wash facilities. 5. Sanitary dump station. B. Fees for Plumbing Plan Approval Same as Dept. of Safety and Professional Services Fees. VII. Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee.

11 SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: APPROVED: Mark A. Freitag, City Manager ATTEST: Jean Ann Wulf, City Clerk-Treasurer Motion by: Second by: Councilmember Aye Nay Pass Absent Bobzien Farrell Fitzgerald Kealy Liebert Marklein Severson APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Administration Prepared by: Building Services Division

12 ORDINANCE NO An ordinance amending the operator license fee, with penalties as set forth in Janesville General Ordinance and THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section (K.) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: K. Fermented malt beverages (Chapter 5.06) 1. Class A retail license (Chapter 5.06) (See s (4)) $ per year 2. Class B retail license $ per year 3. Wholesaler s license $25.00 per year 4. Temporary special event license $10.00 per year 5. Operator s license 2 yr ending June 30 in odd yrs. $50.00 $60.00 per year SECTION II. Section (M.) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: M. Intoxicating liquor (Chapter 5.48) 1. Class A retail license $ per year 2. Class B Retail license $ per year 3. Pharmacist s license $10.00 per year 4. Operator s license 2 yr ending June 30 in odd yrs. $50.00 $60.00 per year SECTION III. Section (D.) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: D. REGULAR OPERATOR LICENSE FEE. The fee for an original operator's license shall be $50.00 $ The fee for a renewed operator's license shall be $50.00 $ Neither fee shall be prorated. Original and renewed operator licenses shall expire on June 30th of each odd numbered year. ADOPTED: APPROVED: Mark A. Freitag, City Manager ATTEST: Jean Ann Wulf, City Clerk-Treasurer Motion by: Second by: Councilmember Aye Nay Pass Absent Bobzien Farrell Fitzgerald Kealy Liebert Marklein Severson APPROVED AS TO FORM: Tim Wellnitz, Assistant City Attorney Proposed by: City Council Prepared by: Clerk-Treasurer

13 ORDINANCE NO An Ordinance establishing a program to charge user fees for the use of boat launch facilities on the Rock River maintained by the City of Janesville with penalties as set forth in J.G.O (B). THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Boat Launch Facility Fees - Purpose. In order to continue to provide quality boat launch facilities while minimizing the cost to the property taxpayer by recovering certain fees from the users of those rendered services, and cognizant that Janesville residents already pay for these services through property taxes, the Janesville Common Council hereby desire and create a fair and equitable procedure to collect user fees for boat launch facilities provided by the City of Janesville on the Rock River. SECTION II. Section of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Boat Launch Facility Definition. Boat Launch Facility is any location along the Rock River which is designated for the purpose of launching or placing a boat in the water. Four (4) such facilities within the City of Janesville boundaries currently exist: Riverside Park, Traxler Park North, Traxler Park, and the Rock River Parkway. SECTION III. Section of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: A. Boat Launch Facility Fee Every person, firm, corporation, and/or other entity who uses such facilities shall be responsible for payment to the City for the following fees: Fees Daily Annual Boat Launch Facility $6.00 $30.00 B. Penalty The penalty for violations of Ordinance shall be $25 for the first offense and $50 for the second or subsequent offense during the same calendar year. The penalty shall be paid at the Clerk-Treasurer s Office, City Hall, 18 N. Jackson St., Janesville, WI.

14 ADOPTED: APPROVED: Mark Freitag, City Manager ATTEST: Motion by: Second by: Councilmember Aye Nay Pass Absent Bobzien Farrell Fitzgerald Kealy Liebert Marklein Severson Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Tim Wellnitz, Assistant City Attorney Proposed by: Parks Division Prepared by: Parks Division and Assistant City Attorney