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HomeMy WebLinkAbout2093-97 - ADMIN Ordinance - City Council - 1997/05/19ORDINANCE NO. 0 9 3 2 1 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING CREATION OF SPECIAL SERVICE DISTRICT NO. 2 WHEREAS, the City has received a petition to establish a special service district pursuant to Minnesota Statutes, Section 428A.02 (the "Petition") from the owners of certain property located adjacent to Excelsior Boulevard within an area approximately bounded by France Avenue westerly to Monterey Drive. The specific properties included within this land area are identified on Exhibit "A" attached hereto and generally depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto; and WHEREAS, the St. Louis Park City Council (the "City Council") has determined each of the following: (A) The owners of at least twenty-five percent (25%) or more of the land area of property that would be subject to the service charge have signed the Petition; (B) The owners of at least twenty-five percent (25%) or more of the net tax capacity of property that would be subject to the service charge have signed the Petition; (C) It is appropriate to establish a special service district as requested in the Petition; and WHEREAS, notice of the public hearing concerning the petition to establish a special service district was published in the St. Louis Park Sailor on April 9 and April 23, 1997. Additionally, the City mailed notice of the hearing to the owner of record of each parcel within the area proposed to be included within the special service district. For the purposes of giving such mailed notice, the notice was sent to those shown on the records of the County Auditor. The City Council has determined that said notices were published and sent in accordance with the requirements of Minnesota Statutes, Section 428A.02. The public hearing was held on April 28, 1997, before the St. Louis Park City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Establishment of District. The City hereby establishes a special service district consisting of the properties identified on Exhibit "A" attached hereto and depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto (the "District"). SECTION 2. Services to be Performed. 2.01 Provision of Services. The City may provide or contract for public services in the District; except, however, that the special services provided shall not include a service that is ordinarily provided throughout the City from the general fund revenue of the City unless an increased level of service is provided in the District. 51214 .y 2.01 Description of Services. The -City may provide or contract for the following services: (a) Snow and ice removal and sanding of public areas. (b) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets. (c) Provision, installation, maintenance, removal, and replacement of banners and other decorative items for promotion of the District. (d) Poster and handbill removal. (e) Repair and maintenance of sidewalks. (f) Provision, installation, maintenance, and removal of area -wide security systems. (g) Provision and coordination of security personnel to supplement regular City personnel. (h) Provision, maintenance, repair, cleaning, and removal of area directories, kiosks, benches, bus shelters, newspaper stands, trash receptacles, information booths, bicycle racks and bicycle storage containers, sculptures, murals, and other public area art pieces. (i) Provision, installation, maintenance, and removal of lighting on area trees. (j) Cost of electrical service for pedestrian and tree lighting. (k) Repair of low-level pedestrian lights and poles. (I) Provision of comprehensive liability insurance for public space improvements. (m) Trash removal and recycling costs. (n) Provision, installation, maintenance, replacement, and removal of special signage relating to vehicle and bicycle parking, vehicle and pedestrian movement, and special events. (o) Provision, watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers and perennials on the public right-of-way. (p) Maintenance and operation of a public transit system. (q) Provision of promotion and administration. (r) Provision and maintenance of a reserve fund or capital reserve fund. (s) Installation, maintenance, and removal of capital improvements. 51214 2 1 1 SECTION 3. Service Charge. 3.01 Petition Requirements. Before taking any action to impose a service charge to pay the cost of services described in Section 2 based upon net tax capacity, owners of twenty-five percent (25%) or more of the net tax capacity subject to the proposed service charge must file a petition requesting a public hearing on the proposed action with the City Clerk. Before taking any action to impose any other type of service charge to pay the cost of services described in Section 2, owners of twenty-five percent (25%) or more of the individuals or business organizations subject to the proposed service charge must file a petition requesting a public hearing on the proposed action with the City Clerk. 3.02 Relationship to Service. The City may impose service charges against properties located within the District pursuant to Minnesota Statutes. The City may impose service charges that are reasonably related to the special services provided. Charges for services shall be as nearly as possible proportionate to the cost of furnishing the service, and may be fixed on the basis of the service directly rendered, or by reference to a reasonable classification of the types of premises to which service is furnished, or on any other equitable terms. Taxes and service charges may be levied pursuant to this ordinance to finance special services ordinarily provided by the City only if the services are provided in the District at an increased level and, then, only in an amount sufficient to pay for the increase. 3.03 Limitation of Service Charges. Only property classified under Minnesota Statutes, Section 273.13 as commercial, industrial, or public utility purposes and located within the District may be subject to the service charges imposed by the City. Property exempt from taxation by Minnesota Statutes, Section 272.02 is exempt from any service charges based on net tax capacity. SECTION 4. Imposition of Service Charge. 4.01 Public Hearing. Before imposing a service charge in the District, for each calendar year, the City shall hold a public hearing. At the hearing, a person affected by the District or the proposed service charge may testify on any issues relevant to the proposed service charge. The hearing may be adjourned from time to time. 4.02 Notice of Hearing. The City shall give prior notice of the public hearing to impose service charges required by Section 4.01. ,Notice of the public hearing must be mailed to any property owner subject to the proposed service charge. Notice of the public hearing shall be given in two (2) separate publications of the City's official newspaper two weeks apart and the public hearing shall not be held Tess than three (3) days after the later publication. Not less than ten (10) days prior to the hearing, notice shall be mailed to the owner of record of each parcel of real estate within the District. For the purpose of giving such mailed notice, owners shall be those shown on the records of the County Auditor. For properties which are tax exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be ascertained by any practical means, and mailed notice given them. 4.03 Content of Notice. The notice shall include: (a) a statement that all interested persons will be given an opportunity to be heard at the hearing regarding the proposed service charge; 51214 3 (b) the estimated cost of improvements to be paid for in whole or in part by service charges imposed, the estimated cost of operating and maintaining the improvements during the first year and upon completion of the improvements, the proposed method and source of financing the improvements, and the annual cost of operating and maintaining the improvements; (c) the proposed rate or amount of the proposed service charge to be imposed in the District during the calendar year and the nature and character of the special services rendered in the District during the calendar year in which the service charge is to be collected; (d) a statement that the petition requirements of Minnesota Statutes have either been met or do not apply to the proposed service charge; and (e) if the City is adopting a resolution imposing a service charge for more than one year, the information required by Section 4.05 below. 4.04 Adoption of Resolution. Within six (6) months of the public hearing, the City may adopt a resolution imposing a service charge within the District not exceeding the amount or rate expressed in the notice issued under this Section. 4.05 Multi -near Service Charqe. The City may adopt a resolution imposing a service charge for more than one year. The City must give notice of such a resolution by including with the notice of public hearing required by Section 4.02, and including with the notice mailed with the adopted resolution the following information: (a) In the case of improvements constructed within the District, the maximum service charge to be imposed in any year and the maximum number of years charges imposed to pay for the improvements; and (b) In the case of operating and maintaining services, the maximum service charges to be imposed in any year and the maximum number of years charges imposed to pay for the service, or a statement that the service charges will be imposed for an indefinite number of years. The resolution imposing a service charge for more than one year may provide that the maximum service charge to be imposed in a year will increase or decrease from the maximum amount authorized in the preceding year based on an indicator of increased cost or a percentage amount established by the resolution. Each calendar year, a public hearing must be held regarding the imposed service charge. Notice of the hearing must be given and must be mailed to any individual or business organization subject to the service charge. The notice must be sent in the manner specified in Section 4.02. The notice shall include the information specified in Section 4.03(a) through (d). The purpose of the hearing shall be to allow persons or companies affected by the service charge to testify on any issue related to the service charge. SECTION 5. Imposition of Service Charges. Except as otherwise provided herein, the service charges imposed shall be imposed against parcels of real estate within the District in the manner and subject to the procedures provided in Minnesota Statutes. The service charges shall be imposed annually. Service charges may be collected in advance of, contemporaneously with, or subsequent to the rendering of services to which the service charges relate. 51214 4 1 1 1 SECTION 6. Collection of Service Charges. 6.01 Imposition and Collection. The City may impose service charges on the basis of the net tax capacity of the property on which the service charge is imposed, but must be spread only upon the net tax capacity of the taxable property located in the District. All service charges may be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. For purposes of determining the appropriate tax rate, taxable property or net tax capacity shall be determined without regard to captured or original net tax capacity under Minnesota Statutes, Section 469.177 or to the distribution or contribution value under Minnesota Statutes, Section 473F.08. 6.02 Penalty and Interest. When service charges are made payable in the same manner as provided for payment and collection of ad valorem taxes, service charges not paid on or before the applicable due date shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective date. 6.03 Due Date. The due date for a service charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Service charges imposed on net tax capacity which are to become payable in the following year must be certified to the County Auditor by the date provided in Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment installments. Other service charges imposed may be collected as provided by ordinance. SECTION 7. Revenue Surplus. To the extent that the total of service charges collected exceed the cost of services rendered within the District, at the election of the City, either: (i) such excess amount shall be held as a reserve to pay the cost of future services provided under this ordinance; or (ii) the next ensuring year's levy of taxes and services charges shall be decreased by a corresponding amount. SECTION 8. Advisory Board. 8.01 Composition and Appointment. An advisory board to be known as the Special Service District Advisory Board consisting of a number of members determined by the City Council, at its discretion, who are residents of the District or owners (or their representatives) of property within the District, may be created by the City Council by Resolution. At the time of adopting a resolution, the City Council may approve a set of By-laws which will govern the advisory board's activities. The City Council at its discretion may pass a resolution terminating or suspending the advisory board. 8.02 Role of Board. The advisory board shall advise the City Council in connection with the construction, maintenance, and operation of improvements and the furnishing of special services in the District. It shall make recommendations to the City Council on requests and complaints of owners, occupants, and users of property within the District and members of the public. Before the adoption of any proposal by the City Council to provide services or impose taxes of service charges within the District, the advisory board of the District shall have an opportunity to review and comment upon the proposal. 8.03 Removal and Termination. The City Council reserves for itself the right, at its sole discretion, to remove members of the advisory board, with or without cause, or to disband and terminate the advisory board before the expiration of the District. 51214 5 SECTION 9. Veto Powers. 9.01 Notice of Veto Right. Within five (5) days after adoption of the ordinance establishing the District or a resolution imposing a service charge, the City shall mail a summary of the ordinance or resolution to the owner of each parcel included within the District and any individual or business organization subject to the service charge. For the purpose of giving such mailed notice, owners shall be those shown on the records of the County Auditor. For properties which are tax exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be ascertained by any practical means, and mailed notice given them. 9.02 Content of Notice. The notice must state that the owner, business, or person subject to the service charge has the right to veto the ordinance or resolution by filing the required number of objections with the City Clerk before the effective date of the ordinance or resolution. The notice must also state that a copy of the ordinance or resolution is on file with the City Clerk. 9.03 Requirements for Veto. (a) Veto of Ordinance. If the owners of thirty-five percent (35%) or more of the land area in the District subject to a service charge based upon net tax capacity or owners of thirty-five percent (35%) or more of the net tax capacity in the District subject to a service charge based on net tax capacity file an objection to this ordinance with the City Clerk before the effective date of the ordinance, the ordinance does not become effective. (b) Veto of Resolution - Net Tax Capacity. If the owners of thirty-five percent (35%) or more of the land area in the District subject to a service charge based upon net tax capacity or owners of thirty-five percent (35%) or more of the net tax capacity in the District subject to a service charge based on net tax capacity file an objection to the resolution imposing a service charge based upon net tax capacity with the City Clerk before the effective date, of the resolution, ordinance, the resolution does not become effective. (c) Veto of Resolution - Other Basis. If thirty-five percent (35%) or more of the individuals and business organizations subject to a service charge file an objection to the resolution imposing a service charge on a basis other than net tax capacity with the City Clerk before the effective date of the resolution, ordinance, the resolution does not become effective. 9.04 Effect of Veto. In the event of a veto, no district shall be established during the current calendar year and until a petition meeting the requirements set forth in this Section for a veto has been filed. 9.05 Exclusion. The veto powers of this Section do not apply to second or subsequent years' applications of a service charge that is authorized to be in effect for more than one year under a resolution meting the petition requirements of Section 3.01 and .which has not been vetoed under this Section 11 for the first years' application. SECTION 10. Enlargement of District. Boundaries of the District may be enlarged only after hearing and notices as provided in Minnesota Statutes. Notice must be served in the original 51214 6 District and in the area proposed to be added to the District. Property added to the District is subject to all service charges imposed within the District after the property becomes a part of the District if it is property that is the type subject to the services charges in the District. Petition requirements of Minnesota Statutes, Section 428A.08 and the veto power of Minnesota Statutes, Section 428A.09 shall only apply to owners in the area proposed to be added to the District. SECTION 11. Definitions and Construction. The terms used herein shall be defined as provided in Minnesota Statutes, Chapter 428A and this ordinance shall be construed consistently therewith. SECTION 12. Effective Date. This ordinance shall be effective on the forty-fifth (45th) day following adoption, which effective date shall be July 3. , 1997. ADOPTED BY THE CITY COUNCIL OF ST. LOUIS PARK May 19 CITY ! F ST. LOUIS PARK , 1997. ATTEST: Mayor Cy.A-4.-,:„..0. 64...A.--,-4---- Ci y Clerk REVI W FOR ADMINISTRATION: i./ity Manager CitAttorney OVED - TO FORMD E E ION: 7___ 51214 7 PRELIMINARY For Discussion Only City of St. Louis Park EXHIBIT A Special Service District #2 Property Database Land Area Street In No PID House Street Use Zoning Acres Frontage District? 1 0602824410002 _ 3920 Excelsior Blvd BAR 01 0.61 140 Y 2 0802824410003 3924 Excelsior Blvd HOT RC 0.73 166 Y 3 0802824410005 3542 Minikadhe Ct. MFR RC 8 05 505 N 4 0802824410008 3551 Huntington Ave. MFR RC 0.49 108 N 5 0802824410008 4100 Excelsior Blvd OFC 02 0.43 135 Y 8 0802824410009 4120 Excelsior Blvd OFC C2 044 102 Y 7 0802824410010 3921 Excelsior Blvd PKG C1 0 24 53 Y 8 0602824410014 3939 Excelsior Blvd OFC 01 0.36 107 Y 9 0802824410032 3500 Glenhurst Ave TFR R3 019 70 N 10 0802824410033 4011 Excelsior Blvd TFR R3 0.19 72 N 11 0802824410034 4015 Excelsior Blvd TFR R3 018 70 N 12 0802824410035 4025 Excelsior Blvd TFR R3 0 25 54 N 13 0802824410038 4031 Excelsior Blvd SFR R3 0 21 54 N 14 0802824410037 3801 Huntington Ave. SFR R3 0.33 109 N 15 0802824410047 3901 Excelsior Blvd GAS C1 042 150 Y 16 0802824410053 3900 Excelsior Blvd SVC 01 0 07 80 Y 17 0802824410087 3929 Excelsior Blvd VAC 01 0 02 35 Y 18 0802824410088 3925 Excelsior Blvd OFC C1 0 26 42 Y 19 0802824410089 3912 Excelsior Blvd BAR C1 083 118 Y 20 0602824410070 3947 Excelsior Blvd OFC C1 0 60 116 Y 21 0802824430017 4300 Excelsior Blvd RWO C2 0 20 128 Y 22 0802824430018 4308 Excelsior Blvd PKG C2 0.17 88 Y 23 0602824430019 4308 Excelsior Blvd OFC 02 0.23 50 Y 24 0802824430020 4301 Excelsior Blvd MVR C1 0.44 208 Y 25 0802824430021 4321 Excelsior Blvd RET C1 0 28 57 Y 28 0802824430023 3757 Kipling Ave. S MFR R2 0 29 82 N 27 0802824430040 4409 Excelsior Blvd FOS 01 0.23 158 Y 28 0802824430041 4415 Excelsior Blvd MED C1 0.20 82 Y 29 0802824430042 4419 Excelsior Blvd MVR C1 0.45 150 Y 30 0802824430084 4424 Excelsior Blvd RET 02 0 39 104 Y 31 0802824430091 4331 Excelsior Blvd MED 01 0.38 100 Y 32 0602824430186 4320 Excelsior Blvd OFC 02 0 85 307 Y 33 0602824430187 4400 Excelsior Blvd MIX R4 1 56 288 Y 34 0802824440001 4140 Excelsior Blvd RET C2 0.75 170 Y 35 0602824440064 3800 Huntington Ave. SFR R3 0.31 110 N 38 0602824440065 4115 Excelsior Blvd TFR R3 0.21 86 N 37 0802824440068 4121 Excelsior Blvd TFR R3 0.19 74 N 38 0802824440087 4131 Excelsior Blvd TFR R3 0.21 83 N 39 0802824440088 4221 Excelsior Blvd SVC 01 012 79 Y 40 0802824440172 4143 Excelsior Blvd SFR R3 0.22 82 N 41 0802824440173 4201 Excelsior Blvd OFC C1 0 73 203 Y 42 0802824440175 4200 Excelsior Blvd MVR C2 0.50 115 Y 43 0802824440178 4150 Excelsior Blvd MVR C2 0 81 125 Y 24 00 5.175 Ehlers and Associates. Inc 4,3197 EXHIBIT B Proposed Special Service District 42 1 STATE OF MINNESOTA) SS 0hilbUt si.rOui.r sn�ar Sirrtdtr MONS AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Denis L. M i n d a k , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted Ordinance Summary of Ordinance No. 2093-97 City of St. Louis Park (Official Publ CITY OF ST. LO_ HENNEPIN COUN ORDINANCE SUMMARY OF 0 AUTHORIZING C SPECIAL SERVICE This ordinance establishes Special Service District No 2 con hereto and depicted on Exhibit "B" attached hereto and the nght be provided is contained in the full text of the ordinance availabl This ordinance shall be effective on the forty-fifth (45th) da; 1997 ADOPTED BY THE CITY COUNCIL OF ST LOUIS PA A copy of the full text of this ordinance is available for inspec (Published in the St Louis Park Sailor Mav 28 1997) F3 HU I CITY OF ST LOUIS PARK Special Service Distnct 1f2 Property Database Land NQ FID House Street ll5g 1 0602824410002 3920 Excelsior Blvd BAR 0602824410003 3924 Excelsior Blvd HOT 0602824410005 3542 Minikadha Ct MFR 0602824410006 3551 Huntington Ave MFR 0602824410008 4100 Excelsior Blvd OFC 0602824410009 4120 Excelsior Blvd OFC 0602824410010 3921 Excelsior Blvd PKG 0602824410014 3939 Excelsior Blvd OFC 0602824410032 3500 Glenhurst Ave TFR 0602824410033 4011 Excelsior Blvd TFR 0602824410034 4015 Excelsior Blvd TFR 0602824410035 4025 Excelsior Blvd TFR 0602824410036 4031 Excelsior Blvd SFR 0602824410037 3601 Huntington Ave SFR 0602824410047 3901 Excelsior Blvd GAS 0602824410053 3900 Excelsior Blvd SVC 0602824410067 3929 Excelsior Blvd VAC 0602824410068 3925 Excelsior Blvd OFC 0602824410069 3912 Excelsior Blvd BAR 0602824410070 3917 Excelsior Blvd OFC 0602824430017 4300 Excelsior Blvd RWO 0602824430018 4306 Excelsior Blvd PKG 0602824430019 4308 Excelsior Blvd OFC 0602824430020 4301 Excelsior Blvd MVR 0602824430021 4321 Excelsior Blvd RET 0602824430023 3757 Kipling Ave S MFR 0602824430040 4409 Excelsior Blvd FDS 0602824430041 4415 Excelsior Blvd MED 0602824430042 4419 Excelsior Blvd MVR 0602824430064 ▪ 4424 Excelsior Blvd RET 0602824430091 4331 Excelsior Blvd MED 0602824430186 4320 Excelsior Blvd OFC 0602824430187 4400 Excelsior Blvd MIX 0602824440001 4140 Excelsior Blvd RET 0602824440064 3600 Huntington Ave SFR 0602824440065 4115 Excelsior Blvd TFR 0602824440066 4121 Excelsior Blvd TFR 0602824440067 4131 Excelsior Blvd TFR 0602824440088 4221 Excelsior Blvd SVC 0602824440172 4143 Excelsior Blvd SFR 0602824440173 4201 Excelsior Blvd OFC 0602824440175 4200 Excelsior Blvd MVR 0602824440176 4150 Excelsior Blvd MVR 2 3 4 5 6 7 8 9 10 11 12 13 14 which is attached was cut from the columns of said newspaper, and was printed and published 15 16 once each week, for o n e successive weeks; it was first published is 19 on Wednesday the 28 day of May , 19 97 , and was thereafter 20 21 onnted and published on every to and including 23 is 24 the day of , 19 : and printed below is a copy of 25 26 the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the slze and kind of type used in the composition and publication of the notice: abcdefghgklmnopgrstuvwxyz Acknowledged before me on this 28 day of M 27 28 29 30 31 32 33 34 BY: 36 37 TITLE: Pub l i s h e r 38 39 40 41 42 43 1997. Public {,. :, i.`':'1P) . ▪ IV F E B! U"A r ' r.,. r,:::: A iY F ueuc - NINNP-4TA o,lY. F \ ` i HEti�ii:r�l^l `r..)u.‘I;y ii i N;,;; .' n',Conirobs,on:Ames Jan Jt 2000 Lv S` Ct` Grid,. +fi,",7a=, • ac-- ytlp+;.r.t.. . RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space 'Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2 55 per line 6 20 per line 1 20 per line -iC EXHI Proposed Special' 8 /711 CST Ia 1 tion) S PARK NNESOTA DINANCE NO. 2093-97 TION OF TRICT NO 2 ting of the properties identified on Exhibit "A" attached f -way adjacent thereto A descnption of the services to 'or inspection with the City Clerk ollowing adoption, which effective date shall be ,July 3 ' May 19, 1997. on with the City Clerk CITY OF ST. LOUIS PARK By /s/Gail A, Dorfman Mayor PRELIMINARY - For Discussion Only Area Street Ing Acres Frontaee C1 081 140 RC 0 73 166 RC 8 05 505 RC 0 49 108 C2 0 43 135 C2 044 102 C1 0 24 53 C1 038 107 R3 0 19 70 R3 0 19 72 R3 0 18 70 R3 0 25 54 R30 21 54 R3 , 0 33 109 C1 042 150 C1 007 80 C1 0 02 35 C1 028 42 C1 063 118 C1 060 116 C2 0 20 128 C2 0 17 68 C2 0 23 50 C1 044 208 C1 0 20 57 R2 0 29 62 C1 0 23 158 C1 020 82 C1 045 150 C2 0 39 104 C1 - 038 100 C2 0 85 307 R4 1 56 288 C2 0 75 170 R3 0 31 110 R3 0 21 86 R3 0 19 74 R3 0 21 83 C1 0 12 79 R3 0 22 82 C1 0 73 203 C2 0 50 115 C2 0.61 125 24 00 5 175 B rvice District 02 In District? Y Y N N Y Y Y Y N N N N N N .Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y N N N N Y N Y Y Y II i / . lam. " I r - f (May 28, 1997)A3/Cty SLP Ord 2093-97