10/01/1996 - City Council SpecialSPECIAL CITY COUNCIL MEETING
Tuesday
October 1, 1996
Municipal Center Building Lunchroom
I. ROLL CALL & ADOPTION OF AGENDA
II. VISITORS TO BE HEARD
III. CONSIDER ZONING ORDINANCE AMENDMENT TO
CHAPTERS 11.1 & 111 ENTITLED TEMPORARY OUTDOOR
EVENT/TEMPORARY OUTDOOR SALES
IV. OTHER BUSINESS
V. ADJOURNMENT
city of eagan
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 27, 1996
SUBJECT: SPECIAL CITY COUNCIL MEETINGITHURSDAY, OCTOBER 1, 1996
A Special City Council meeting is scheduled for Tuesday, October 1, 1996, at 5:00 p.m.
in the lunchroom of the Municipal Center building to consider a zoning ordinance
amendment to Chapters 11.1 and 11.2 entitled Temporary Outdoor Event/Temporary
Outdoor Sales.
TEMPORARY OUTDOOR EVENTITEMPORARY OUTDOOR SALES
A request has been made by Al Baker on behalf of his business to discuss concerns he
has about a neighboring business that holds a temporary outdoor event/temporary outdoor
sales. The adjoining business is the SuperAmerica that has periodically had a
brat/hamburger fry outdoors during various weekdays this past summer. The temporary
sales have caused traffic and parking problems for Mr. Baker.
In response to concerns about temporary outdoor sales, staff prepared a draft ordinance
which was reviewed by the Planning Commission in June and by the City Council in July.
At that time, the Council continued the item to a work session for purposes of clarifying
Council concerns. The ordinance amendment, as it has been drafted, is an attempt to
provide consistent regulation of outdoor events, balance the interests of surrounding
property owners and the providers of the seasonal outdoor sales event and to avoid
excessive regulation of sales or events which have a general benefit to the community.
Interested parties who addressed this matter before the Council or Planning Commission
have been notified of the Council's consideration of this matter. For additional information
in this regard, please refer to the staff memorandum on pages_ through , the
Advisory Planning Commission and Council minutes on pages _ thro1�—
and
a staff memo with the draft ordinance attached on pages _4 through
OTHER BUSINESS
If time permits, there may be an opportunity to discuss the tracking or other issues the City
Council feels are appropriate for the work session.
/S/ Thomas L. Hedges
City Administrator
fr]
city of eagan
TO: MAYOR EGAN AND CITY COUNCILMEMBERS
FROM: LISA FREESE, SENIOR PLANNER
DATE: SEPTEMBER 25, 1996
SUBJECT: TEMPORARY EVENTS
SEASONAL OUTDOOR SALES
BACKGROUND
MEMO
On July 16, 1996, the City Council considered a proposed amendment to the Zoning Code
regarding temporary outdoor events/seasonal outdoor sales. After discussing several concerns,
it was the decision of the Council to continue this item to an August work session.
As indicated in the background material provided to the Council on July 16, the City Code does not
specifically provide for temporary outdoor events, or seasonal outdoor sales. Currently, the
outdoor storage provisions of the Code serve as the mechanism for regulating outdoor sales
activities.
SEASONAL SALES
Prior to 1994, the City issued "Special Use Permits" for temporary events, or seasonal sales. At
that time, the City Council was cautioned by the City Attorney that Special Use Permits are really
Conditional Use Permits and the Code was, therefore., amended to specify that all Special Use
Permits require Conditional Use Permits.
By definition, seasonal outdoor sales are regulated under "Outdoor Storage" in the City Code,
however, the performance standards associated with this section of the Code do not specifically
refer to outdoor seasonal sales and in some instances, are impossible to comply with as they apply
to seasonal outdoor sales. The proposed amendment modifies
the outdoor storage performance standards to allow flexibility for seasonal outdoor sales during the
Conditional Use Permit review by the Advisory Planning Commission and City Council.
TEMPORARY OUTDOOR EVENTS
The City has never had a provision to regulate temporary outdoor events. Ongoing Code
enforcement complaints have resulted in staffs suggestion of a temporary outdoor event provision
for consideration. Temporary events range from the hot dog/brat sales promotion on existing
3
commercial properties to the arts and craft festivals throughout the community. Technically, none
of these short-term events are allowed for in the City Code. Staff has not actively enforced such
violations. Many of these events appear to contribute to the community positively and have not
generated much concern by residents or business owners. There have been a couple of situations
where these temporary outdoor events do occur frequently and generate so much activity that
adjacent property owners feel they are negatively impacted.
The heavy-handed approach would be to enforce the Code and not allow any of these events.
Staff is proposing a more moderate approach that would allow these events for a limited time
period (up to ten days no more than three times yearly) subject to performance standards. The
proposed Code would handle temporary outdoor events like home occupations in that they would
be a permitted use in several zoning districts.
SUMMARY
In an attempt to deal with seasonal outdoor sales and temporary outdoor events, several
alternatives were examined. The alternative presented to the Council is a straightforward approach
seeking to minimize regulatory requirements for the businesses attempting to conduct such events
while trying to maintain a balance of respect for adjacent property owners. Staff would be pleased
to work with any further clarifications, or revisions, that the City Council would like to consider. A
public hearing on this proposed amendment was held by the Advisory Planning Commission on
June 25, 1996 and presented to the City Council in July as a recommendation of the Advisory
Planning Commission.
All persons or organizations who have applied for a permit or who have contacted the City
regarding seasonal outdoor sales, or temporary outdoor events, in the past five years received
notification of the public hearing before the Advisory Planning Commission. At that meeting, Scott
Smith, owner of Smitty's, and Jill Anderson and Patsy Schraeder, co -directors of Blue Cross/Blue
Shield Arts and Craft Festival, inquired about a performance standard within the proposed
ordinance. A letter was received from Al Baker, owner of Al Bakers Restaurant, expressing
concern over the Superamerica brat fry that occurs several times a year and causes traffic
congestion affecting his business operation. All persons speaking at this meeting have been
notified of the upcoming workshop on Tuesday.
Senior Planner
LF/js
Attachments (3)
July 16, 1996 City Council minutes
Draft Ordinance
June 25, 1996 APC minutes
seasonal.sal
IN
Page 6
.lune 25. 1996
ADVISORY PLANNING GO1vIIvIISSION
ORDINANCE AMENDMENT - CITY OF EAGAN
Vice Chair Heyl opened the next public hearing of the evening regarding an
Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" to
provide for a Temporary Outdoor Event/Seasonal Outdoor Sales.
Associate Planner Dorgan introduced this item. Mr. Dorgan highlighted the
information presented in his Memorandum dated June 18, 1996. Mr. Dorgan noted the
background and history of this item.
Scott Smith, the owner of Smitty's which is located on Yankee Doodle Road and
Highway 149, indicated his concerns with regard to the ordinance and whether it would
effect his business operations. Mr. Smith indicated that the store often runs "tent sales"
and questioned how the ordinance would impact his ability to hold the "tent sales" on a
periodic basis. Mr. Smith was concerned with the setback requirement as well as the
requirement that the tents be located on a asphalt or concrete surface. Planner Dorgan
indicated that he did not believe the ordinance would apply to Smitty's and indicated that
Smitty's would require a building permit because of the tent structures.
Jill Anderson and Patsy Schroeder of Apple Valley were present and indicated that
they were co -directors of the Blue Cross/Blue Shield Yankee Doodle Arts and Craft
Festival which originally held its Festival on the Blue Cross/Blue Shield property. Ms.
Anderson and Ms. Schroeder were concerned as to the requirement that the tents be
located on asphalt or concrete surface and believed that this would impact their ability to
have the arts and craft festival on the Blue Cross/Blue Shield property.
Planner Freese indicated that staff would like clarification as to when a permit is
needed for tenants and also that safety concerns of the fire marshal would be addressed.
Vice Chair Heyl questioned the need for the asphalt or concrete requirement and believes
that this should be deleted from the ordinance. Member Segal suggested that both the
asphalt and concrete requirement as well as the item on paragraph 6 regarding structural
integrity be deleted from the ordinance. Vice Chair Heyl disagreed and indicated that
there could be fire hazards present if the tent were not structurally sound. Member Frank
questioned the setback requirement and believes it should be 10 feet as opposed to 20
feet.
Member Burdorf moved, Member Segal seconded, a motion to recommend
approval of an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations
(Zoning)" to provide for a, Temporary Outdoor Event/Seasonal Outdoor Sales, subject to
the following conditions:
Pa_e 7
June 2 i. 1996
ADVISOR' PLANNING COM IISSION
Adequate off street parking shall be provided ensuring that no obstruction or
interference occurs with existing traffic patterns.
2. No portion of the use shall take place within any public right-of-way, private
landscaping or turf area. A minimum 10 foot wide setback shall be maintained from
all property lines and no portion of the sale shall take place within 100 feet of any
property line of any residential use or residential zoned property.
3. The site shall be kept in a neat and orderly manner and the display of items shall not
cover more than 5° o of the total lot as to not interfere with pedestrian safety, vehicular
movement, emergency access and existing business activities.
4. Signage shall be subiect to Eagan City Code Chapter 4, Section 4.20.
(Note: The Sign Code allows a maximum of three signs not to exceed 25 SF total.)
5. Temporary stands or tent layouts shall be approved prior to installation to ensure
structural integrity and safe fire exiting.
6. The ovmerloperator of a Seasonal Outdoor Sale or Temporary Outdoor Event shall
have the written permission of the fee property owner to locate on a specific site.
7. How•s of operation shall be subject to Sec. 11. 10, Subd. 18 of the City Code.
(Note: Hours of operation max be 7:00 a.m. - 1:00 a.m. except when located more
than 200 feet from a residential zoned district.,)
All approved in favor.
EAGAN CITY COUNCIL MEETING MINUTES; JULY 16, 1996
PAGE 10
refuse haulers as recommended by the Solid Waste Abatement Commission. Aye: 4 Nay: 1
(Councilmember Awada)
TEMPORARY OUTDOOR EVENTISEASONAL OUTDOOR SALES
City Administrator Hedges gave an overview of this item. Senior Planner Freese gave a staff
report. Councilmember Masin asked where Christmas trees would be classified in regard to the ordinance.
Freese stated that they would be classified under outdoor seasonal sales and would need a conditional use
permit. She added that staff had deliberated about making exceptions for Christmas trees, since this has
been a longstanding practice. She noted that they were having a problem coming up with a definition that
would exclude Christmas trees but encompass all other outdoor sales events. Councilmember Hunter
asked about the procedure that's used now to control these situations and how they would be handled
under the proposed ordinance. Freese stated that conditional use permits are granted currently and, under
this new ordinance, would also be granted. Councilmember Wachter does not feel it is necessary to have
all these conditional sales. He stated the hours of operation, as proposed from 7:00 a.m. to 1:00 a.m., was
too long. He also questioned the event being allowed to occur up to three times per year in the proposed
ordinance; he felt once per year was enough. He was also concerned with tents being staked on blacktop
and opposed the destruction of blacktop. Freese noted that this requirement was removed by the Planning
Commission in their recommendation. Councilmember Hunter asked what times of operation
Councilmember Wachter would prefer. Councilmember Wachter suggested 10:00 a.m. to 9:00 p.m.
Councilmember Awada suggested changing the time from 10:00 a.m. to 10:00 p.m.
Councilmember Wachter referenced the letter sent by Al Baker in regard to people using his
parking lot to patronize other area businesses during their promotional events. Mayor Egan asked how it
could be proven that people are attending other events and not at Al Baker's Restaurant. Councilmember
Hunter asked about condition three on page 106, which states the site shall be kept in a neat and orderly
manner, etc. Freese stated that staff tried to work out language to address on site parking; however, there
will be extraneous impacts associated with these outdoor seasonal events, but added that the proposed
ordinance may serve to reduce the times and duration of these events. She mentioned that staff has a
limited amount of leverage to handle and enforce violations that impact other businesses. Councilmember
Masin stated she feels the neighboring businesses and neighbors should have input into allowing temporary
uses. She added that these temporary uses can take advantage of established business owners.
Councilmember Wachter and Mayor Egan concurred. Councilmember Wachter suggested continuing this
item to a future work session. City Administrator Hedges stated that by sending this item back to a work
session, it could possibly reopen the whole process of public hearings that were held by the Planning
Commission. Councilmember Wachter stated he understood that, but felt many questions needed to be
addressed. Mayor Egan asked if this ordinance amendment was denied, would it be necessary for
applicants to apply for conditional use permits for temporary outdoor sales. Freese stated that they would
have to, but added that she would need to discuss this issue with legal counsel for verification. Mayor
Egan suggested leaving the process as it is. Councilmember Wachter concurred. Councilmember Awada
indicated that the ordinance amendment should be adopted to address the Al Baker scenario.
Councilmember Hunter concurred. He stated that he disagreed with Hedges that continuing this item would
require re -notification to the public. Mayor Egan agreed with Councilmember Hunter and added that if a
major change was made to the ordinance amendment as proposed, then there would be the need to send
this item back to the Planning Commission.
Councilmember Awada moved, Councilmember Hunter seconded a motion to continue this item
to a work session in August. Aye: 5 Nay: 0
7
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MEMORANDUM
TO: Steve Dorgan, Associate Planner
FROM: Sharon K. Hills, Assistant City Attorney
DATE: September 27, 1996
RE: Temporary Outdoor Event/Seasonal Outdoor Sale Ordinance Amendment
Attached please find a revised proposed draft of the abovo-referenced ordinance. As you
will recap from our recent discussions, the ordinance amendment was revised to provide
that the general regulations of the temporary outdoor event ;and seasonal outdoor sales be
included in Section 11. 10, Subd. 29 which governs outdoor storage. Placing those
provisions with the outdoor storage regulations is more logical than placing them within
the general conditional use permit provisions of the zoning code,
1 also made some minor previsions to some of the language, but these revisions are merely
of form as opposed to substance. Finally, I revised the format of the ordinance
amendment, which again is merely a change in form and not substance.
In closing, one item needs to be brought to your attention regarding the scope of
application of this ordnance. As currently drafted, any weekend garage sale in a
residential district would fall within the definition of a temporary outdoor event and thus,
be prohibited under the ordinance regulations. if it is not the intent of City Council to
prohibit garage sales in residential districts, then the proposed ordinance amendment
needs to be revised accordingly,
SKIUwkt
61 I
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ORDINANCE NO,
AN ORDINANCE OF T11E CPPY OF EAGAN, MINNESOTA, AMENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)1,
BY AMENDING SECTIONS 11.03, 11.10, SUBD. 29 AND 11.20, REGARDING
TEMPORARY OUTDOOR EVENTS AND SEASONAL OUTDOOR SALES; AND BY
ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99,
The City Council of the City of Eagan does miWrn:
Section 1. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.03 (106)
and (107), to read as follows:
106. "Temporary Outdoor Event" - An exhibition or sale with a duration of ten (10)
continuous Clays or less which does not occur more than once per thirty (30) days and
Moore than tlnw (3) times per year or a combination of twenty (20) days total in a
calendar year. A temporary outdoor event includes, but not be limited to: promotional
and fiend raiser event; car wash; nursery stock, fresh fruit and vegetables sale, and
prepared food, clothing and mi dls display or sale.
107, "Seasonal Outdoor Sales" -The storage and sale of goods located within a temporary
Of permanent stntcture OW is accessory to the principle structure and has a oration of
more than ten (10) continuous days.
Section 2. Eagan City Code Chapter Eleven is hereby amended by changing Section
11.03(54) to read as follows.
54, "Outdoor Storage" - To display, stock, keep, sell or trade outside a commercial or
mdustrW building any items of merchan&e, supplies, materials, finisw gds,
inventory or other movable property, trash receptacles, or motion vehicles. For WM;es
of this definition and the reguiatj_ o outdoor oto e a � outdoor event and
seascmid outdoor sage shall not,constitzrte outdoor gMe.
Section 3. Eagan City Code Ll"ter Eleven is hereby amended by changing Section 11.10,
Subd 2% to read as follows:
Subd. 29. Outdoor Storage, Temporary Outdoor Event and Seasonal Outdoor
Sales.
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A. RmtriWOFIL No outdoor stogie shall be permitted except in the Neighborhood
Business ("NB"), General Business ("GB"% Community Shopping Center ("CSC"), Regional
Supping Cenmr (RSC") and limited vndustrial CI -I") Districts and upon the Council's
gmulmg of a conditional use parmik
fie:-N_Q_ smanal MWM__salej pr kMpgM outdoor
Mas sha be pt;rmitied exc+wpt in fim Public S it ty ("Pp"I Planned Development (T2!,
iamited Business ("LB"), HjW&g&!q-d 8usisu:ss (,"NB"). Coal lousiness C'G$"I
C =Iflirijy Shoppine_Ceater ("CSC"), Limiled lndustrial ("L-1") Districts and in no event
shall seasonal outdoor sties tic ppmitjgd ex= RWn the 9 uncil's ��f a R&M -al
use permit Any seasonal tmidQor sa1w and =pg m outdoor events shall ggm& with this
Subdivision All outdoor sW aee. temporary ouddoor events and seasonal_ outdoor sales shall
2nply with this SubdivisictL
B„ Conditional Use Permit Application. All applications for a conditional use
permit for outdoor storage shall indude a detailed and scale site plan specifying the
dimensions, Location, material and design of the storage enclosure and arra.
C. Performance Standards and Non -Compliance.
1. Standards for Outdoor Storage and Seasonal Outdoor Salts.
Outdoor storage pA etasonel outdoor sales permitted in accordance with Subparalgaph A
shall conform to the following standards, in addition to those standards set forth in
Subdivision 4 of Section 11.40:
2. Standards for Isonal Outdoor Sales & Temporary Outdoor
E
nt. Seasonal outdoor sales, in addition to those requk menta in Subparaaranh C.1.. Ed
MpgmMoutdoor MMntj shall be subject !p the following stands:
r'
� r A A � ► � 1:1 I:I al � V tl - � ' 1�' 111 Il_ i� ark -'
► t F 1 :r 1.1
1 # r � r ► �a' _ �: . : �' .! i�_,� F 1 SK . r �J!�-'-s� r - �Z %.11 L _ ►y ► : �:
W The site shall be kept in a neat o derly mamgr and the
display of Litems shall not cover more than 50% of the total lot as to not interfere with
pedestrian safety. vehicular movement, Cmergency access and ;&& business activities.
14)
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!W) The sale or event shall ha% , no sig, in violadom. of the EAW
City Code sign 'ons.
fel Tents and t g=v membrane siruOyes leaving an area in
excess of 22t] Lqm feet and cgMips _in excess of 400 squame feet shat! be subiect to a
building_nermit.
(1) The owner andlor ga=r ef the sale or event AW have the
written =mission of the fee owner of the MOM on which lire sale Or event is locatal m
use the specific site.
Hours of ration shall be sub'ec to il& fs re ons
og. veininghours of operation fir cnmmemial businesses
I Non -Compliance. Failure to comply with any condition set forth in a
conditional use permit, in this Suhdivisim or any other violation of the City Code p mvisionsy
shall constitute sufficient cause for die Mrnination of the conditional use permit by the
Council following a public bearing.
Section 4. Eagan City Code Cbapter Eleven is hereby amended by changing Section 11.20,
Subd. 7 'TuhlIc F''QC1 des " t0 read as follows:
B. Conditional Uses. Within any Public Utilities District no structure Orland shall be
used for the following uses or uses deemed similar by the City, except by a conditional use
permit:
3. Subject do Secti m 11.10, Subd. 29, Seasonal OuWoor Sales.
C. Permitted Accessory Uses Within any "Public Facilitiese' District, the fallowing
uses or uses deemed similar by the Council shall be permitted accessory uses:
1. Subject to Section 11.10, Sub& 29, Temporary Outdoor Event,
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Q D. Devaelopmcats within a Public Fae ides District shall MM the following
requirements:
Section 5. Eagan (3ty Code Chapher Eleven is hereby amended by chang4 Section 11.20,
Subd. S(F) "PlanwdDevelopment ; to read as follows:
F. Penrnitted Acces=y Uses. Within any " Mmaed Developmmf' District, the
following uses or uses deemed similm- by the Council &hail be permitted accessory uses to any
cotmncICW or industrial principle use:
1. Subject to Section l 1.10, Subd. 29, Tempomy outdoor Event.
Section 6. EMM Ci#Y Code C11994er Eleven is hereby amended by ganging Section 11.20)
Subd. 9 'Zimrted Business'; to read as follows:
* s �
C. Cmditional Uses. Within any "LB° Districk no sbudure or land shall be used for
the fallowing uses or uses deemed similar by the City Council except by conditional use
permit:
11. Subject to Section 11.10, Subd. 29, Seasonal Outdoor Sales.
v * #
D. Permitted Accessory Uses. Witbin any "LB. Dj5tjtthe following uses or uses
deemed similar by the Council shall be permitted accessory uses:
4. Subject to Section 11.10, Subd. 29, Temporazy outdoor Event.
Section 7. Eagan City Code Chapter Elcm is hereby amended by charms Section 11.20,
Subd. 10 'Weigi&rhood B&iness ", to read as follows:
/<2
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C. Conditional Uses. Within any "NB" Distrid, no structure or land shall be used for
the following uses or uses deemed similar by the Council, except througli the granting of a
Conditional Use Permit:
7. Subject to Section 11.10, Subd. 29, Seasonal Outdoor Sales.
D. Permitted Accessory Uses. Within any "NB" District; the following uses or uses
deemed similar by the Council shall be Permitted Accessory Uses:
3. Subject to Section 11. 10, SuW. 29, Temponvy Outdoor Event.
Section B. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd.1 l lGenend Busmus" to read as follows.
* � R
C. Conditional Uses. Within any "GB" District, no structure or .land shall be used for
lowing uses or uses deemed similar by the Council except through the granting of a
anal use permit:
12. Subject to Section 11. 10, Subd. 29, Seasonal Outdoor Sales.
D. Accessory Uses. Within any "GB" Disbrrict the following uses or uses deemed
by the Camoil shall be permitted accessory uses:
2. Subject to Section 11..10, Subd. 29, Temporary Outdoor Event
*Section 9. Fagan City Code Chapter Eleven is hemby amended by changing Section 11.20,
Subd.12 "CommwUry S'hoppmg Center', to read as follows:
C. Conditional Uses. Within any "CSC'" District, no smictiue or land shall be used for
the following uses, or uses deemed similar by the Council except through the gratiling of a
conditional use permit:
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13. Subject to Section 1 I.10, Subd. 29, Seasonal Dtltdo<x Sales
D. Permitted Acemsm y Uses. Within any "CSC" District, the following uses or uses
deemed similar by the Council shall be Pwaiitted. Awa nwy Uses:
3. Subject to SeWM 11. 10, Subd. 29, Thr Oukkwr Event.
Section 10. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.20,
Subd. 16 "Limued it ,*wrial ; to trod as follows:
D. Permitted Accessory Uses. Within the 'I -I' District; the following uses
or uses deemed similar by the Crnmcil shall be permitted accessory
uses:
L Subject to Section 11.10, Subd. 29, Temporary Outdoor Event.
D: F. AdditioW Lot Requirements,
Section 11. Eagan City Code Chapter Fleven is he* amended by adding Section 11.20,
Subd IS(D)(3) Reseamch and DJeuelopoww ; to read as follows:
D. Permitted Accessory Uses.
3. Subject to Section 11.10, Subd 29, Tmpomy Outdoor Evert
Section 12. Eagan City Code Chapter 1 entitled "(general Provisions and Definitions
Applicable to the Entire City Code includ* "Penalty fur Violation" and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their c=ety by refere= as
though repeated verbatim.
/ 4Y
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Scction 13. Effective Date. This ordimamce shall take effect upon its adoption and publication
according to law.
ATTEST
By: EI'VanOves ke
Its. Cleric
Date Ordinance Adopted:
mtP prdinance Published in the Legal Newspaper:
of Advisory Planning Commwon Heamig:
450"
CITY OF FAGAN
City Council
By: Thomas A. Egan
Its. Mayor
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