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06/13/2006 - City Council Special (2)• AGENDA SPECIAL CITY COUNCIL MEETING JUNE 13, 2006 5:30 P.M. EAGAN ROOM-EAGAN MUNICIPAL CENTER • I. ROLL CALL AND ADOPTION OF AGENDA . j II. SCHOOL DISTRICT 191 UPDATE / SCHOOL BOARD CHAIR MORRISON AND SUPERINTENDENT KANNINEN a III. TECHNOLOGY WORKING GROUP CHECK-IN AND CONDUIT ROUTE ANALYSIS • IV. DISCUSSION: ROSEMOUNT AIR CARGO FACILITY V. INFORMATIVE UPDATE RE: CITY'S DEVELOPMENT DEPOSITS AND FINANCIAL GUARANTIES P VI.. 2007 BUDGET UPDATE 3� VII. PIGEON HARBORING LICENSING ORDINANCE VIII. OTHER BUSINESS IX. VISITORS TO BE HEARD X. ADJOURNMENT • Agenda Information Memo June 13, 2006 Special City Council Meeting II. SCHOOL DISTRICT 191 UPDATE/ SCHOOL BOARD CHAIR MORRIS'ON AND SUPERINTENDENT KANNINEN ACTIONS TO BE CONSIDERED: To receive an update from ISD 191 School Board Chairwoman Morrison and Superintendent Kanninen regarding the status of the school district. This item is informational only; no action is required. FACTS: ISD 191 School Board Chair Gail Morrison and Dr. Benjamin Kanninen, Superintendent of District 191, have requested some time with the City Council to present an update on the happenings at the Burnsville -Eagan -Savage school district. ➢ In particular, their brief presentation will emphasize the recent achievements of the district. ➢ In an 'effort to update all stakeholders about District 191, Chair Morrison and Superintendent Kanninen have recently given similar presentations to the Burnsville City Council, as well as numerous service groups, including Rotary and Lions Clubs. • Agenda Memo June 13, 2006, Special City Council Meeting III. TECHNOLOGY WORKING GROUP CHECK-IN AND CONDUIT ROUTE ANALYSIS DIRECTION TO BE CONSIDERED: • Receive Technology Survey results and Conduit Route analysis and refer to City Council Communications Committee to refine public policy issues and suggest process for bringing back to the full City Council. BACKGROUND: • In January, 2005 the Eagan City Council accepted the findings of the Eagan Technology Task Force report which stated, in part, "Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure Eagan stays competitive...". • The Technology Working Group (as it is now named) priorities for 2006 included reporting back to the City Council on recommendations for the highest and'best use for an 11.5 mile conduit route Eagan owns, conducting a technology survey of citizens, determining recommendations regarding wireless needs, and figuring out how to attract world class Internet speeds to Eagan. • In November, 2005 the City Council approved hiring a consultant to provide the City and the Working Group with the specific market analysis regarding best use • options for the conduit and, similar to Burnsville, also supply expertise about fiber options that could provide Eagan world class Internet speeds. • In March of this year the Council heard a short presentation regarding world class broadband speeds from that consultant. • Tonight, Communications Director Garrison will give a brief overview of the Technology survey findings. • . Tech Working Group members Mr. Lou Gallagher, Director of Voice & Data Convergence for Blue Cross Blue Shield of Minnesota, and Eagan resident Mr. Jim Moeller, a respected technology market research consultant, will summarize the recent efforts of the Working Group, specifically its review of the consultant's conduit recommendations. ATTACHMENTS: • Summarized findings of the City of Eagan Technology Survey and the survey questions can be found on pages.3— — to • An executive summary of the consultant's highest and best use recommendations for the 11.5 mile conduit route can be found on pages. tj • Summary Findings of the Eagan Technology Survey* Embargoed: Not for Release Until 6/13/06 Total respondents: Nearly 5,000 (4,831)* Kind of Internet Access: I. Cable modem (44%) 2. Dial-up .(27.5%) 3. DSL (17%) 4. No access (6%) 5. Wireless (4.6%) 6. Satellite & T-1 (less than half of one percent) (Numbers do not total to 100% because of rounding) Other notes: • North of Yankee Doodle, east.of Lexington & north of Diffley had highest percentage of respondents who do not choose to have Internet access (9%). South of Diffley had the lowest cable modem penetration (31 %), and online survey respondents the highest cable modem penetration (60%). Speed: ➢ While nearly 38% say they are very satisfied with the speed of their Internet connection, nearly Y4 of all respondents-240/o—say their connection is too slow and another 38 % find their Internet speed simply OK. ➢ And speed of connection is the second most important factor in choosing an . Internet provider just behind price for the service. Survey respondents ranked reliability third,. with security a distant fourth. Cost: ➢ Not surprising perhaps, but 55% of respondents say their Internet access costs too much. How Eagan residents use the Internet: Respondents ranked their top three uses of the Internet: 1. E-mail 2. Check their favorite Web sites 3. Online shopping Working from home was 4th. Blogging was listed last (10th) behind "Conducting my business" (5t`), Downloading music (6th), Sending photos or uploading files (7th), Gaming and entertainment (8tb), and Telecommuting (9th). It should be noted that respondents were not asked to give their age, and it is probable that water bill recipients were likely to be adults. What kids might say regarding Internet usage could and some say would be likely different. Wireless Access: ➢ Nearly 50% of respondents say they would not use wireless access if it were offered in public places. 31 % said it depended on price, and nearly 20% say they • would use wireless access if available. a ➢ When asked to rank the top three public locations respondents would like to see • wireless access, they said: 1. The Library (the Wescott location already has Wi-Fi) 2. Coffee Shops 3. Eagan Community Center There was little interest in access at the Cascade Bay or the Civic (Ice) Arena. Shopping centers and parks & ball fields had slightly more interest. Competitiveness: When asked how concerned they are about whether the US is falling behind other countries in developing next generation Internet capabilities, more than3/4 of respondents were somewhat or very concerned. 23% were not concerned at all. Phone Service: ➢ Nearly 87% have regular wire line phones as their primary service, but 7% are using Voice over Internet Protocol (VOID) and 6% use a cell phone only as their primary phone connection. Only 0.24% have no phone connection at all. Given the 13% with VOID or cell service only, what implications does this have for public safety/ 911 service? Other Findings: ➢ More than 1/3 of all respondents pay between $41-$49 a month for Internet access ➢ More than 1/3 of all respondents (35%) get their phone, Internet and TV service • from separate providers and only about 20% get all three services from one provider (which may call into question the bundling pricing.) ➢ 30%, however, get Internet access and TV service from one provider. ➢ 71 % of respondents say they are cable TV subscribers (which is slightly higher than what the industry reports for cable penetration in Eagan.) ➢ 13.5% have antenna service; nearly 15%o say they have satellite, while .63% report they have no TV. ➢ Nearly 19% say they use the Internet for a home-based business. ➢ While 73% say they have adequate Internet access from their home, 56% say the reliability is only OK or they wish it was better. That number jumps to nearly 60% in the northern part of the city. *Sent to Eagan Resident in Water Bills Or Filled Out Online • If City of Eagan Of Eap Technology Survey In its continuing efforts to make sure residents and businesses have access to competitive, state- of-the-art Internet services, the City of Eagan asks you to fill out a confidential technology survey. Simply log on to www.cityofeagan.com and from the Home & Environment drop-down menu at the top of the page, select Technology Survey Form. Or, you can fill out and return this survey form with your water bill and it will be separated and given to tabulators. 5! 531 re.s�o�d�.+s 1. What kind ofjnternel access do you currently have from your home? e Dial-up;? DSL 174 Cable modemYyq� Wireless Satellite —T-1. or T-3 Line_ None � — 2. How muci are you currently°paying per month for your Internet connection? None 6 Less than $20 10 $21 - $30!7'* $31 - $40!°meg $41 - $50 More than $50!'� �6 3. Check whether phone or television services are combined with your Internet service and the total price you pay for, these combined services. I get: Internet, phone & TV service from a single provider; Zm I use separate providers for each service 3s`pert From a single provider, I get (circle one): a. Internet & Phone service, 13 peret b. Internet & TV service, 3 o rWC*-%* c. Phone & TV service. ' Less A*-- 2 Parte--e Approximately how much do you pay for these services hi total (combined) 4. How do you currently get television service? Cable Satellite/Dish Antenna/Off-Air Don't have TV Other . It t Pee,... -t /fP�►ee.+t Percer►+ 5. Do you have adequate Internet access from your home? Yes 7-f' No 9 Depends how many others are online Don't use it It It Wish there were more options 6. Do you use the Internet for a home-based business? Yes KNo 181 7. How satisfied are you with the reliability of your Internet service? Very satisfied — It's OK — Wish it was better — y� pt�•w��' Y2Parew..f I pt.cew+ 8. How satisfied are you with the speed of your Internet connection? Very satisfied — It's OK — Too slow — 31 reuse 4- 31'rueew+ a peeA"+ /Jm�e: Nv«.6arc n�wr svw► -4o ftore4«••. /to P*4eftt leaust 0.0 P00%% AU As (Over) Survey Continued 9.. How satisfied are you with the price you pay for Internet access? Very satisfied _ It's OK _ Costs too much _ SSperce.,,,.f- 10. Rank the top 3 from the following, in order of priority (1, 2, 3), about how you primarily use the Internet from your home: Read and send e-mail0i Online shopping 3 Check my favorite Web sites Download music, messages and attachments � Conduct my business S' Send photos or upload other material 7 Blogging /o Gaming/entertainment $ Work from home Y Telecommuting.L Other 11. If you had to choose which factors in an ideal Internet service would be most important to you, rank the top 3 from the following list, in order of priority (1, 2, 3): Ease of access S Reliability 3 Speed 3 Price 0/ Security # Wireless access from public locations C. 12. If wireless access were offered in public places like city or county buildings, or at parks or ball fields, would you use it? Yes —No _ Depends on price _ xo Paaw+ yq.P",64--,.f. Vol peree,,,f 13. Rank the top 3 from the following list, in order of priority (1, 2,'3) where you would like to see wireless access points within the city. Note: This information will help guide decision making but is no guarantee of providing such. access points. Eagan Community Centerol Cascade Bay $ Civic Arena 7 Shopping Centers 5– I Coffee shops Parks and ball fields 4 Library""I All of the above Y Other 14. In the U.S., the Federal Communications Commission defines high speed Internet to include DSL (typically up to 1.5 megabytes per second speeds) and cable modems (typically between 4-8 megabits per second), while some countries in Asia and Scandinavia define true high speed Internet as 100 megabits per second. How concerned are you that the U.S. is falling behind in developing next generation Internet capabilities? Very concerned _ Somewhat concerned _ Not concerned at all _ 3o p ePe-ew.# y 1 Flu aewt 2 3 p r e ewf 15. Finally, what type of line is your primary phone line? S > ie Regular wireline= Cell phone only G Voice over Internet Protocol (such as Vonage, Comcast, etc.) + Don't have one Lees Your confidential feedback will be extremely important in helping guide the work of the Eagan Technology Working Group as it suggests public policy approaches to the Eagan City Council. Thank you for taking the time to fill out this important survey. If you have questions, call (651) 675-5008. Technology Survey 3830 Pilot Knob Road, Eagan, MN 55122. City of Eagan, MN Conduit Analysis Summary The City Council showed foresight by investing in the future when it decided to install conduit in an open trench in 2005. It is beneficial for cities to take advantage of open trenches to place empty conduit. Cities across the nation are investing in conduit for future use. Just as communities like Eagan have invested in roads and water supplies, continuing to have policies and plans that spur technology growth will only be more important in the future. Over 67,000 feet of conduit were installed at a cost of $242,000, or $3.58/foot: A few options exist for conduit use. It could be: 1) leased/sold, 2) used to install dark fiber for lease, or 3) leveraged in a citywide communications infrastructure. The table below shows the approximate cost and value of each option. Based on the difference between the cost and the value of these options, DynamicCity recommends studying the option of building a citywide communications infrastructure that will give the city more flexibility and control of the services available to its residents and businesses. 1. Lease/sale conduit $242,000 1 $400,000 — $600,000 1 $158,000 - $358,000 2. Install dark fiber for $442,000 $600,000 - $800,000 . $158,000 - $358,000 lease 3. Leverage in citywide $242,000 $950,000 $708,000 infrastructure 1. LEASE/SALE A lease or a sale would target the same types of buyers and the agreements would be very similar. Because the conduit route does not pass through the business section of town, it. will be most valuable to a service provider that serves residential customers. The location of the end points determines the value of the conduit to a buyer. The more end points in the desired location, the higher the assumed value. The value also depends largely on the buyer's desire to enter or expand in the Eagan market at a given time. Typical valuations would place the value of the conduit in the $400,000 to $600,000 range depending on the circumstances of the buyer. Y 801.443.6300 r 801.4h3.6501 sso Sov,n.:t 4-oo"WFs•r Lrrrvorr 111.kyl W42 Local wireline companies serving residential phone customers represent a likely group of potential buyers: • TDS Metrocom • Frontier • CP Telecom • Telephone Associates • DTI Minnesota Phone Company Vartec Local wireless ISPs may be interested as a means to provide high-speed backhaul from wireless access points, although this is less likely because the conduit is in a primarily residential area of the city: • BaldEagle.net • Broadband Solutions • Clearwire • Implex.net • InfinityAccessNET • NetSurf Wireless • SiHope Communications • Stonebridge FTTH Communications, who provides telephone, TV, and Internet service over fiber optics to the residents in the Evermoor development in Rosemount, may be interested in using existing conduit to provide similar services to Eagan residents. However, the cost to build additional infrastructure in existing neighborhoods is much more costly than in new developments where they are currently building. 2. INSTALL DARK FIBER FOR LEASE The city could also install dark fiber optic cable in the conduit to lease to another entity. It would cost approximately $3.00/foot or $200,000 total to install the fiber. The route may then be leased or sold at a higher price. The value is likely between $600,000 and $800,000 over a number of years. However, it introduces additional risk to the city in finding the right buyer. DynamicCity does not recommend this option at this time. 3. LEVERAGE IN CITYWIDE COMMUNICATIONS INFRASTRUCTURE Along with the conduit analysis, DynamicCity was asked to look at the feasibility of implementing an open communications infrastructure throughout the city. The council will need to review findings in the future and sort through various public policy issues, such as the proper role of government in ownership of communications infrastructure. The conduit has a replacement value of approximately $950,000. This city -owned asset would significantly reduce the capital cost of building a high-capacity open communications infrastructure available to the private sector to deliver services. P 801.4-13:6500 F 801. 143.6 ,01 380 SCaiJTH 400 WEs,r LI.NDONY' IT ATI 84042 Many cities are looking to this global standard for their communications infrastructure. The global standard is based on three core issues: • Universal access—every address in the city will be passed by fiber. • High, scalable bandwidth—residents receive a connection no less than 100 Megabits per second (Mops), and business receive 100 Mbps to 1 Gigabit per second (Gbps) connections—all symmetrical and scalable. • Price—retail prices to end-users are lower due to increased competition where multiple, competing service and content providers are using open fiber infrastructure. If Eagan looks to join the group of cities studying their communications infrastructure, we can return with options regarding the capital and operating costs, revenue potential, technology and implementation approach for a Fiber -to -the -Premises network in Eagan following the global standard using an open communications infrastructure. Adhering to the global standard by implementing an open communications infrastructure will lower the overall cost per megabit for all users in the city, providing a long-term communications advantage and access to advanced services for Eagan residents, businesses, educational institutions, health care facilities, public safety, community services, etc. If Eagan'.s goal is to be technologically competitive, it may be wise for Eagan to consider the option of building a citywide communications infrastructure, which would raise public policy issues to be discussed. A number of cities including Portland, Seattle, other Twin City suburbs and cities in northern Minnesota are already moving to ensure they have world class communications infrastructure for their residents and businesses going forward. Y 807..413.6500. Y sol. 43.6501 to Soir°ra 4.00Wrq-r L.xrrvoN U]"AF-:t 84062 • Agenda Information Memo Eagan City Council Workshop June 13, 2006 IV. DISCUSSION: ROSEMOUNT AIR CARGO FACILITY ACTION TO BE CONSIDERED: To receive an update and hold a discussion regarding the. proposed Rosemount Air Cargo Facility. No action is anticipated at this time. FACTS: The City, of Rosemount is pursuing the development of an Air Cargo Regional Distribution Center (RDC) at one of three sites near the intersection of .TH 52 and County Road 42. The facility would offer consolidated customs management, customs free trade zone status, certain tax benefits and other benefits to freight forwarders. The purpose of such a facility would be to capture a portion of the international air cargo market that currently is drawn to similar facilities in Chicago and other cities. In fact, most international air freight to and from the Twin Cities region is trucked between here and Chicago O'Hare, rather than using Minneapolis -St. Paul. International Airport. The Greater Metropolitan Area Foreign Trade Zone Commission (GMAFTZ) has been designated by state law to study the feasibility of developing such a facility and, if it is. determined to be feasible, to coordinate its development. • ➢ The enabling legislation also requires resolutions of support from the host City and County. In preliminary action regarding the facility, Dakota County requested additional information on the economic impact of the facility on the County's tax base and traffic impacts on area roadways. The County also requested that the City's of Eagan and Mendota Heights, where a large concentration of freight forwarding firms are located, to take positions on the proposed project as input to the County's ultimate consideration of a resolution. The studies required by state law and requested by Dakota County are underway and will be completed over the next year. The studies are expected to provide information to help the County and the Cities assess the impacts of the proposal and develop positions prior to the formal consideration by the GMAFTZ. ISSUES: The potential development of an RDC may offer benefits for the Twin Cities economy, by creatingincentives for Freight Forwarders handling international air cargo to manage and ship more products directly to and from the Twin Cities market. Businesses may choose to remain, grow or locate in the region if this occurs rather than concentrating around similar facilities in other cities, such as Chicago. That having been said, since Eagan is home to more than half of the freight forwarding firms in the Twin Cities and a number of trucking firms that work with them, the City of Eagan will want to carefully consider any position it takes in consideration of effects on: ➢ Possible dislocation of trucking businesses Tax base impacts ➢ Impacts on non -trucking firms and ➢ Possible development and redevelopment opportunities /U ➢ Whether it is ultimately determined to be a benefit or detriment to the City of Eagan for the • facility to be developed in Rosemount, the prospect of high volumes of traffic between the facility and the airport creates the likelihood of further traffic and congestion on TH 52, TH 55 and I-494 and, to a lesser extent, possibly TH 3 and TH 149. This is an area in which the City of Eagan has already made efforts through other agencies to address perceived deficiencies in the capacity of the system and the connections between the state trunk highway system and the interstate system. The possible development of such a facility will make that need even greater. A Financial and traffic studies are underway and will be completed to clarify and quantify a number of the issues outlined above. The Council will want to define whether additional information not covered by the studies described in the background will be necessary to help form a City position. ➢ Staff has anticipated that input will be requested from both trucking firms located in Eagan and other businesses that may have an interest in enhanced air cargo opportunities in the region. That input step would likely follow the completion of the financial and traffic studies and be submitted to the Council as part of its decision making process for a City position in this regard. ATTACHMENTS: ➢ Staff memo on pages _W,_ through 10 ,7 Map of Rosemount Site Alternatives and Eagan Freight Forwarder locations on page ➢ List of Eagan Freight Forwarders on pages 9 through l� ➢ RDC Project Update #1 on pages c ➢ Dakota County Board Resolution on page through • City of Eap Ye o TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 8, 2006 SUBJECT: ROSEMOUNT AIR CARGO FACILITY BACKGROUND OVERVIEW The purpose of this memo is to provide an update to the City Council regarding the proposed International Air Cargo Facility, which is being considered for development in Rosemount near the intersection of TH 52 and County Road 42. Preliminary action has been taken at various levels to designate Rosemount as the host community, to study the feasibility of the project and to define a business plan if it is to move forward. A facility of this kind is being encouraged by the state air cargo industry to create tax and customs advantages for more air, cargo flowing to and from Minnesota businesses to be able to fly out of Minneapolis -St. Paul International Airport. Most air freight for the Twin Cities; particularly international air freight, is now trucked to or from Chicago O'Hare, because Minnesota does not have this type of facility. Proponents believe that the availability of such a facility would also, support additional economic development and business growth, which might otherwise grow or locate near such facilities elsewhere in the United States. Eagan has a number of interests related to the project related to the current Eagan freight community, related businesses and the potential impacts of traffic from such a facility on roadways through the City.- To ity: To this point, staff has monitored the project and provided input into the study related to it. As has been communicated to the Council in the past by the informative memos, staff has been doing so with the expectation that a formal position by the City would be considered when the project's business plan is completed and a fuller picture of the potential impacts and benefits for the City can be assessed. PROJECT BACKGROUND • The proposed Air Cargo Facility is also referred to as a Regional Distribution Center (RDC). It would be designated as an International Economic la Development Zone (IEDZ) to provide a centralized customs clearinghouse for • international freight bound to and from the Twin Cities and permit some freight, bound to and from international locations, to be exempt from customs, since it would only be handled at the facility and not actually be made or consumed here. Currently, the closest facility of this kind is in Chicago and, as a consequence, relatively little international air cargo is being processes through Minneapolis -St. Paul International Airport. Prior to the identification of ,Rosemount as the host community (three sites in Rosemount remain in consideration for the project) for the prospective facility, the Greater Metropolitan Foreign Trade Zone (GMAFTZ), an organization associated with the Metropolitan Airports Commission and other business representatives, had studied the issue and determined that the Twin Cities region is at a competitive disadvantage in international markets, because of this situation. As the review of the project moves forward, the City of Rosemount will be distributing Project Updates, the first copy of which is attached. STATE AND COUNTY ACTION In 2005, the Minnesota Legislature passed enabling legislation that empowers the Greater Metropolitan Area Foreign Trade Zone Commission to study the possibility of establishing an air cargo RDC and IEDZ as a means to further develop the international air cargo segment of our state and regional economy. In February 2006,'the FTZ Board selected Rosemount to be the host community for the RDC/IEDZ if the project moves forward.. The enabling Legislation required the preparation of a business plan for the facility that would define the benefits of the facility and, when legislation was passed in 2006 to extend certain deadlines for the completion of the study, language was added to require a traffic analysis that considers impacts on the comprehensive plans of affected municipalities. The legislative authorization also contains a requirement that both the host city and the host county submit resolutions of support for the project. While Rosemount is an obvious active supporter of the project, the County has asked for additional information on which to consider a position. Early this year, the Dakota County Board took action to require that also requires that the economic impacts of the project for the County and, by extension, its cities, be studied together with an analysis of traffic impacts associated with the proposed facility. Among other things, the Board Resolution expanded upon the host community requirement by saying the County would consider support of the facility on the condition that the Cities of Eagan and Mendota Heights submit resolutions of support as well, because a substantial concentration of the n+gion's freight 1 . forwarders are located in our two cities. A copy of the Board Resolution is attached. While neighboring communities often do not have the opportunity or authority to provide anything more than comments to a city's development activity, the County action anticipates that Eagan will review the economic impact and traffic information as it becomes available and take a formal position regarding the proposed facility. EAGAN ISSUES Two specific issues have been raised regarding the proposed RDG that affect the City of Eagan. The Council's discussion of the matter may lead to the identification of additional issues that will need to be addressed. IMPACT ON EAGAN BUSINESSES The City of Eagan is home to 33 of the 57 freight forwarders in the Twin Cities metropolitan area. A map depicting the locations of the businesses is attached. The businesses have located in Eagan traditionally because of its proximity to the airport and the availability of land at the times in which they were developing, expanding or relocating. • While the presumption of the RDC study is that it will be beneficial to such businesses to have the opportunity to locate in such a facility, freight forwarders in Eagan may or may not find it beneficial. It will be important to have their input as the City considers a position. It is likely that it will also be beneficial to invite input from other Eagan businesses that use freight forwarders, to determine whether such businesses would see benefits in the availability of a facility that could offer the customs and consolidation services an RDC is intended to. On the other hand, the RDC benefits may or may not offset the current benefits manufacturers and other international trade firms have by the current proximity of the freight forwarders. It is possible that the interests of the two types of businesses may be the same or different. In addition to the interests of the businesses themselves, the City has an obvious interest in the possible relocation of businesses from the City and, if that were to occur, the reuse or redevelopment of the properties that would be vacated. The financial feasibility of an RDC will depend upon it attracting freight forwarders, but it is not clear whether that would occur over the short or long term and whether it would be entire freight operations or branches of operations. In addition,, if all factors together lead the City to conclude that the creation of an RDC would not have a detrimental impact on Eagan, it is possible that other . aspects of the commercial -industrial market, including manufacturing, research and development and office uses that currently cannot find available space in Eagan • would be interested in reusing or redeveloping sites within the community. It is expected that information that will help clarify these questions will be developed through the business plan and related studies discussed below. TRAFFIC IMPACTS ON EAGAN ROADWAYS The legislation requires the completion of a traffic study that includes the potential impacts of the facility on the Comprehensive Plans of other municipalities. Based on the potential locations of the facility, the most likely traffic routes between the facility and the airport would be by TH 52 and 1494 or TH 55 and TH 62. It is possible that other routes may be used as well, depending upon the final location chosen within Rosemount, but the primary routes are those currently improved to at least a four lane standard. To the extent that traffic from the facility uses these routes, it has the potential to add to congestion and the need for traffic improvements in northeast Eagan and northwest Inver Grove Heights, as we have seen occurring from other developments to the south and east of the City. It will be important for Eagan to provide input into the scope and assumptions of the traffic study. and to continue to work with the County and other affected cities to pursue commitments and funding for transportation improvements in the area of Eagan and Inver Grove Heights that link the state highways and the Interstate. Freeway system. STUDIES IN PROCESS To prepare the information required by the state and county actions, the GMAFTZ retained a firm experienced in the analysis of international air cargo and its management, Landrum and Brown, to develop a business plan and background study. This study -is underway and is expected to be completed by the end of 2006. Staff members from the Eagan, Mendota Heights and the County were invited to provide input to the scope of work for the study. Eagan and the County specifically asked that the study analyze:. + The extent to which freight forwarding firms were likely to move from their current locations to the proposed facility, • The likely time frame over which such moves might occur, + Whether the firms are likely to move or simply open branches to complement current locations, • Whether there would be a market for other commercial and ' industrial uses on the vacated sites, • Whether the market for such uses would for the vacated sites would be positively or negatively affected by the fact that they would lie between the proposed facility and the airport and • • • The extent to which traffic from the facility would use and cause congestion on roadways through the City of Eagan. It was indicated that these questions would be addressed at some level of detail, but that certain of the market questions may be beyond the scope of the study. To the extent that the County resolution calls on Rosemount to develop data on the impact of relocations from Eagan and Mendota Heights, it is expected that this or further related study should address the issues at some level of detail. FUTURE ACTIONS Dakota County's resolution anticipates that it will need to take a future action to support or not support the facility based on the information required. By extension, it calls on the City of Eagan to take a position to support or not support the facility at such time as the City has evaluated such study information and input as it may need toa.do so. While the City could take action at any time, the business, plaNimpact study is anticipated: to be completed tater this year and it may be appropriate to invite input from the Eagan business community at that time if that would be helpful to the Council in taking a position. The legislation designates the GMAFTZ to make the decision on whether to proceed with the project or not. The 2006 legislation has extended the deadline for such a decision to June 1, 2008. While their staff expects that a decision can be made in advance of that deadline, the timing of the consideration by the GMAFTZ Commission will become clearer, once the business. plan and related studies are completed later this year. That information, together with the County and City positions, will be among the factors used by that body to make a final determination. CONCLUSIONS AND DIRECTION The proposed Rosemount Regional Distribution Center project is in the study phase of its consideration by the Greater Metropolitan Area Foreign Trade Zone. The. FTZ Commission is expected to make a decision on whether to proceed with the project between now and mid -2008. In the meantime, the City of Eagan is expected to consider its position with respect to the facility both on behalf of its business community and in response to a condition of the Dakota County host community resolution. If you have any questions about this information or the proposed project, please let me know. Co unity velopment Director AMEEML 'ITPF Citi of Baan Eagan Freight Forwarder Locations and Proposed Air Cargo Facility Site Locations Legend 0 0.5 1 2Miles ® Eagan Freight Forwarders Proposed Air Cargo Site Alternatives Municipal Boundary • r� U • 0 MSP Air Cargo Guide Summary Freight Forwarders Iby City (and number of forwarders) • Eagan (33). • Bloomington (6) • Roseville (4) • Edina (2) • Mendota Heights (2) • Minneapolis (2) • Eden Prairie (1) • Golden Valley • Moorhead • New Brighton • Oakdale • Plymouth • Richfield • Rogers • Vadnais Heights • Out of State The names/locations of the Eagan -based freight forwarders are below. AIT Worldwide Logistics 3173 Dodd Road Allstates World Cargo 920 Apollo Rd, Ste 110 Anderson Air Cargo 1045 Gemini Road Concordia Intl 1010 Aldrin Drive, Ste 110 DFDS Transport (U.S.) 2975 Lone Oak Cir; #203 Exel Global Logistics 980 Lone Oak .Rd, Ste 108 Genesis Logistics/Air Sped 1942 Shawnee Road K2 Logistics Alexander Int'I 2995 Lone Oak Cir, Ste 4 American Cargo Expeditors 1060 Lone Oak Road Associated Global System 915' Blue Gentian Road DHL Danzas Air & Ocean 940 Apollo Road Distribution By Air 3140 Armstrong Blvd. Expeditors Int'I 980 Lone Oak Rd, Ste 128 Geologistics Americas 3030 Lexington Avenue S Kintetsu World Express 2782 Eagandale Blvd Kuehne & Nagel, Inc 815 Northwest Pkwy, Ste 190 NNR Air Cargo Service 1060 Lone Oak Rd, Ste 104 Panalpina, Inc 2975 Lone Oak Circle Pilot Air Freight 2983 Center Court Service By Air ' 2955 Lone Oak Circle, #1 Team Air Express 2975 Lone Oak Circle Transgroup Worldwide Logistics 940 Aldrin Drive, Suite 110 U.S. Group Consolidator, Inc. 1325 Eagandale Court 980 Lone Oak Rd, Ste 130 Nippon Express USA, Inc. 2995 Lone Oak Rd, Ste 15 North Star Int'I, Inc. 1060 Lone Oak Rd, Ste 112 Phoenix Int'I 917 Lone Oak Road, Ste 1000 Pro Ag Logistics 4225 Nicols Road Target Logistics 2945 Lone Oak Dr, Ste 180 Tradewinds Cargo Services 2975 Lone Oak Circle Transport Express 3275 Mike Collins Drive UTI/Union Transport 2700 Blue Water Road, Suite 300 In addition to the firms that define themselves as Freight Forwarders, there are a number of other firms in the City, such as DART and Freightmasters, who are contracted by the Forwarders to actually truck loads to other locations. AIR CARGO REGIONAL DISTRIBUTION CENTER PROJECT UPDATE #1 June 1, 2006 The international economic development zone (IEDZ) and air cargo regional distribution center (RDC) project is moving forward. In February 2006, the Greater Metropolitan Area Foreign Trade Zone (GMAFTZ) Commission selected Rosemount from a competitive site selection process to be the host community for the RDC/IEDZ. The selection was based on a recommendation of the ACTFAST technical working group. ACTFAST is a group of unpaid advisors who have been advocating for the RDC concept for a number of years. The group includes representatives of Mn/DOT's Aviation Division, the Twin Cities Air Cargo Association, MAC, GMAFTZ, and other persons interested in promoting Minnesota's cargo sector. The GMAFTZ Board has delegated various assignments to the ACTFAST group related to the RDC project, including draft legislation that led to the 2005 bill and the design of RFPs for the RDC site selection and business plan consultant selection processes. ACTFAST, GMAFTZ staff, and the City of Rosemount have recognized that ongoing communications throughout this lengthy project will be important to keep stakeholders and interested parties informed of this exciting initiative for Minnesota's economy. To that end, a monthly update will be distributed to share information and progress as the ® project unfolds. Business Plan The enabling legislation in July 2005 required the Greater Metropolitan Area Foreign Trade Zone to develop a business plan that would demonstrate the financial feasibility of the project. The specific language in the bill describing the business plan is below: 240.22 Subd. 2. [BUSINESS PLAN.] Before desiUkion of an 240.23 international economic development zone under section 469.322. 240.24 the governing body of the foreign trade zone authority shall 240.25 prepare a business plan. The plan must include an analysis of 240.26 the economic feasibility of the regional distribution center 240.27 once it becomes operational and of the operations of freight 240.28 forwarders and other businesses that choose to locate within the 240.29 boundaries of the zone. The analysis must provide profitability 240.30 models that: 240.31 (1) include the benefits of the incentives: 240.32, (2) estimate the amount of time needed to achieve 240.33 profitabilit ; and 240.34 (3).analyze the, length of time incentives will be necessary 240.35 to the economic viability of the regional distribution center. 240.36 If the gglerning body of the foreign trade authority 241.1 determines that the models do not establish the economic 241.2 feasibility of the project, the regional distribution center 241.3 does not meet the development requirements of this section and 241.4 section 469.322. In January 2006, the GMAFTZ Board retained the firm Landrum & Brown to conduct the business plan study. The principal with Landrum & Brown, Mr. Dan Muscatello, has many years experience in the field of air cargo having served as a director of cargo operations for the Ports of New York and New Jersey, and subsequently as a private sector planning and operations consultant. Mr. Muscatello and his project associates have begun the work of contacting freight forwarders and other cargo industry stakeholders. It is anticipated that the business plan will be completed before the end of 2006. The timing of when the business plan is to be completed had been a complicating factor for the project. The enabling legislation required the IEDZ to be established by June 30, 2006. However, successful legislation in the 2006 session has provided more time to carry out this requirement. Air Cargo Legislative Update GMAFTZ Board retained the services of Capitol Gains to act as a lobbyist on State legislative issues. John Kaul has been the primary contact with Capitol Gains. Mr. Kaul worked closely with the original authors — Sen. Ann Rest and Rep. Ron Abrams — to secure legislative changes in the 2006 session that extended the deadline for • establishing the IEDZ and restated the timelines regarding the period of eligibility for related tax incentives. The language was also amended to require that transportation impacts of the facility are studied and the results are reported back to'the Legislature. Also included was an extension of the timelines under which grants may be made to assist businesses locating in the IEDZ. The language included in the tax bill (with changes in red underline) 121.30 Sec. 11. Minnesota Statutes 2005 Supplement, section 469.322, is amended to read: 121.31 469.322 DESIGNATION OF INTERNATIONAL ECONOMIC 121.32 DEVELOPMENT ZONE. 122.13 (c) Before final designation of the zone, the foreign trade zone authority. in 122.14 consultation with the applicant, must conduct a transportation impact study based on the 122.15 regional model and utilizing traffic forecasting and assignments. The results must be used 122.16 to evaluate the effects of the proposed use on the transportation system and identify any 122.17 needed improvements. If the site is in the metropolitan area the study must also evaluate 122.18 the effect of the transportation impacts on the Metropolitan Transportation System plan 122. 19 as well as the comprehensive plans of the municipalities that would be affected. The 122.20 authority shall provide copies of the study to the legislature under section 3.195 and to the 122.21 chairs of the committees with jurisdiction over transportation and economic development. 122.22 The applicant must pay the cost of the study. 122.23 (d) Final zone designation must be made by June 30, 2008. 122.24 (e) Duration of the zone is a 12 -year period bedinning on January 1. 2010. 122.25 EFFECTIVE DATE. This section is effective the day following final enactment. 124.34- Sec. 16. Laws 2005, First Special Session chapter 3, article 10, section 23, is amended - 124.35 to read: 125.1 Sec. 23. GRANTS TO QUALIFYING BUSINESSES. 125.2 125.3 $750,000 is appropriated in fiscal year 2006 from the general fund to the 125.4 commissioner of employment and economic development to be distributed to the foreign 125.5 trade zone authority to provide grants to qualified businesses as determined by the 125.6 authority, subject to Minnesota Statutes, sections 116.1.993 to 116J.995, to provide 125.7 incentives for the businesses to locate their operations in an international economic 125.8 development zone. If the money is not distributed during fiscal year 2006, it remains 125.9 available for distribution under this section until December 31. . 125.10 2010. The full $750,000 included in the enabling language will not be available as grants to qualifying businesses.. GMAFTZ. received permission from the authors and DEED to appropriate a portion of those funds to pay for the necessary financial feasibility studies that will determine whether the project moves ahead. Eminent Domain Legislation Language was adopted in the final eminent domain bill that would exempt the IEDZ/RDC as a public service corporation based on language in US Code and federal regulations. The United States Commerce Department treats foreign trade zones as public utilities. The exemption applies only to an entity operating a regional distribution center within an international economic development zone. Project Work Scope Finally, a preliminary work plan schedule has been attached to clearly articulate the many different planning steps necessary to see the RDC/IEDZ become reality. --Jamie Verbrugge, Rosemount City Administrator P Consultant Sol Host Commun MN Legislative Business Plan Mad Fina Sod Tran Decision to Mc Sits Determine Resolutions of IEDZ Designal Federal Fundir Environmental Intrestructure Plan con; RFP Develcpm Developer Sete Land Acqulsltt Land Use Plan Physical Const i Site RDC RDC/IEDZ Work Plan Schedule -Completed In Process EE=Wyetbepn Updated 5 /1 1211 0 6 The County Board Resolution was as follows: 05-666 Response To City Of Rosemount's Application To Develop Tax -Exempt Regional Air Cargo Facility WHEREAS, the City of Rosemount plans to submit an application.to the Greater Metropolitan Area Foreign Trade Zone Commission (GMAFTZ) for a Regional Distribution Center (RDC) and International Economic' Development Zone (IEDZ), by December 30, 2005; and WHEREAS, the primary function of the RDC would be centralized processing and security screening of international air cargo shipped through Minneapolis -St. Paul Airport (MSP), a state -identified need that may assist Minnesota's international businesses; and WHEREAS, the RDC would attract and co -locate metro area freight forwarders, most of which are located in Dakota County, into a new development that would be exempt from state income tax, state sales and use tax, and local property tax (excluding land) for a 12 -year period beginning in 2007; and . WHEREAS, the City of Rosemount amended its land use plan to allow new development near the US Highway (Hwy) 52 and County State Aid Highway (CSAH) 42 interchange, and the City Port Authority and Council have identified 588 acres in this area as a potential IEDZ, within which the RDC would occupy an estimated 100+ acres; and WHEREAS, current property taxes (on land and improvements) for the proposed area are approximately $22,000, of which the County share is $4,500, and estimated property taxes (on improvements only) for a future 600+ -acre facility developed as an RDC,may be $7.1 million, of which the County's share is projected to be approximately $2.1 million/year; and WHEREAS, future tart losses for a smaller RDC -only facility, as based on a comparable 68 -acre site in Eagan (including land and improvements), are $201,948 per year, of which the County share is $60,584 per year; and WHEREAS, the economic impacts of relocating freight forwarders and up to 2,000 jobs from taxable properties in Dakota County to a tax-exempt facility in Rosemount are undetermined at this time; and WHEREAS, successful establishment and operation of the RDC would depend on upgrading the US.Hwy 52-CSAH 42 interchange, which is currently projected for 2013; and WHEREAS, the RDC will serve international businesses in the state and; therefore, it is an appropriate state expense to fully fund the US Hwy 52-CSAH 42 interchange upgrade; and WHEREAS, under Minnesota,Session Laws (2005 First Special Session, Chapter 3, Article 10), the City of Rosemount must submit with its application a resolution from Dakota County agreeing to exempt local property tax. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby agrees to consider support for the City of Rosemount's application for a Regional Distribution Center (RDC) as part of an International Economic Development Zone (IEDZ) contingent upon completion of relevant studies, including the Environmental Impact Statement (EIS), business plan, and a traffic analysis, which shall address these concerns: 1) Dakota County shall have input and involvement with the business plan scope and analyses, to include assessment of economic impacts. 2) The business plan shall specifically assess the impact of an RDC on livable wage jobs, affordable housing, and demand for County services. 3) The business plan shall assess the impact of freight- • forwarders relocating from Mendota Heights and Eagan to a tax-exempt RDC in Rosemount. 4) Studies shall include analyses of traffic impacts related to the RDC and IEDZ. ; and BE IT FURTHER RESOLVED, That the Dakota County.Board of Commissioners hereby agrees to consider support for the City of Rosemount's application for a Regional Distribution Center (RDC) as part of an International Economic Development Zone (IEDZ) under the following condition: Dakota County's share of property taxes shall be exempted for the RDC only and shall be limited to the 12 -year period expiring in 2019 as identified under state law. ; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby agrees to consider support for the City of Rosemount's application for a Regional Distribution Center (RDC) as part of an International Economic Development Zone (IEDZ) under these conditions: 1) 'The Cities of Mendota Heights and Eagan, where a significant concentration of metro area freight -forwarders are located,. submit a resolution of support for an RDC in Rosemount. • 2) Full financing for the upgrade of the US Hwy 52-CSAH 4.2 interchange, including the associated re -alignment of the 42/55 intersection, shall be identified and in place before construction of any improvements within the RDC or IEDZ. Build -out of the RDC and IEDZ shall be phased with timing of the interchange construction, to ensure that the interchange operates at acceptable levels as determined through engineering studies by the Minnesota Department of Transportation and Dakota County. 3) GMAFTZ demonstrates an ability to secure the necessary land. 4) Rosemount shall plat the land for the RDC/IEDZ, subject to the review of the Dakota County Plat Commission. 5) Facility security planning will include input from staff from Dakota County Risk Management and Homeland Security, Dakota County's Sheriff Office, and Dakota County Emergency Management. 6) Rosemount shall not designate the larger IEDZ surrounding the RDC as a Tax Increment Financing District, unless they reimburse Dakota County for the County's share of the local property tax. . Agenda Information Memo June 13, 2006, Eagan City Council Workshop V. INFORMATIVE UPDATE RE: CITY'S DEVELOPMENT DEPOSITS AND FINANCIAL GUARANTIES ACTION TO BE CONSIDERED: This is an informative/discussion item and no specific action is required. FACTS: At a recent City. Council Meeting staff was directed to provide an informative update to the Council regarding the City's use of development deposits (escrows) and financial guaranties. ➢ The City has a. long and successful history of using both development deposits and financial guaranties with minimal problems. ➢ The specific development deposits and financial guaranties currently in use are delineated and explained in the enclosed memo. ➢ Also included in the memo is information for future consideration regarding potential changes to the requirements for financial guaranties. ➢ No members of the development community have been given specific notice of this meeting or this agenda item. Consequently, if the City Council desires to make any public policy changes to current development deposits and/or financial guaranty policies and/or practices, it may be appropriate to provide additional direction to staff and to notice the development community of any potential changes which would then be considered at a subsequent meeting. ➢ Director of Administrative Services VanOverbeke, Director of Public Works Colbert, and Director of Community Development Hohenstein will be present at the meeting to answer any questions that the City Council might have during the course of the discussion. ATTACHMENTS: Enclosed on pages_ through_ is a copy of a memo from Director of • Administrative Services VanOverbeke providing background on this item. a-7 •Abe& - City of-Eap demo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: June 5, 2006 Subject: City of Eagan Development Deposits and. Financial. Guaranties I am writing this memo to provide background information on the City's use of deposits and financial guaranties as they relate to development in Eagan. The current policies and practices have been developed and refined over a period of many years, including. some very high growth and intense development periods. In some cases the policies and practices result from challenging experiences and in some cases they were developed proactively to prevent problems. As is the case with most regulation, the current policies and practices related to deposits and financial guaranties work very well in general, providing adequate incentives for developers to ensure satisfactory compliance with conditioned approvals. However, due to unique circumstances the application of the policies and practices can be problematic from time to time when applied to specific development applications. Fortunately, those instances have been extremely infrequent in recent years. Development Deposits I don't believe this is an area of concern at this time, but, I am including it as background 'information to provide the complete frame of reference. The use of these deposits is consistent with the City's public policy practice of requiring developers/applicants to pay the cost of processing their applications and managing their developments as opposed to paying for .the development related costs through a general tax levy. The use of an initial deposit rather than reimbursement billing is designed to avoid the collection problems previously . encountered. Historically, it has been difficult to collect from developers/applicants after they have received their approvals. These deposits are non-interest bearing cash deposits that are used by the City to pay development related costs. They are not considered financial guaranties for the development itself. The City currently uses development deposits for the following types of applications, all of which are provided for through the implementation of the annual fee schedule adopted by the City Council. The required deposit amount • is also provided for in the fee schedule. Conditional Use Permit (CUP)* Comprehensive Plan Amendment Interim Use Permit (IUP)* Preliminary Planned Development* Variance Final Planned Development* Rezoning* Planned Development Amendment Contract Management (separate from rezoning) Preliminary Subdivision Waiver of Subdivision Final Subdivision Final Plat *(Rezoning, Preliminary, and Final Planned Developments, CUPs and IUPs do not require an additional escrow if incorporated with a subdivision application.) The agreements and deposits are incremental (e.g. there are separate preliminary design deposits and final design deposits for subdivisions to help with cash flow obligations of the applicants/owners). The deposits are used to pay City incurred out-of-pocket costs (e.g. the City Attorney, consulting engineers, etc.) and the cost of certain staff time, primarily employees that work directly on • the specific projects. General clerical, finance and accounting, and higher level administrative time is not charged to the deposits and is instead covered generally by the application fee. The requirement for the deposit and the use of the cash deposits are controlled by formal agreements signed by the applicant/owner. There are actually three different forms of agreements to make them more germane to the specific application. The signed agreements and deposits are a required element of a complete application necessary to commence the processing of the application. In the event the initial deposit and the subsequent required/scheduled deposits are not sufficient to pay all covered costs, invoices are sent to augment the amount available. Upon completion of the development or activity and, at such time as no additional costs are expected to be incurred, the remaining balances are returned to the applicant/owner who made the deposit. For deposit accounts with activity, a financial accounting is provided, on a monthly basis as well as each time a request for an additional deposit is made. The primary.issues that arise with the development deposits revolve around three areas. First, is the need to provide the City with upfront dollars (applicant cash flow). Second, in complicated or controversial projects requiring above average time or use of consultants City expenses will probably exceed the available deposits and there may be resistance or non -attention from the • C31 applicant in responding to the invoice to replenish the account. Finally, inexperienced or "do-it-yourself' developers or applicants also have a tendency to generate above average costs and are most likely to then complain about "the cost of development." Financial Guaranties Financial guaranties are cash collateral and/or letters of credit as approved by the City to guaranty compliance with the terms of the development contract. The guaranties relate to payment of real estate taxes including interest and penalties, payment of special assessments, construction of all improvements and payment of the cost of all improvements. The City's financial guaranties usually result from development generated by the approved applications covered in the section above. The public policy incorporating the use of the financial guaranties is to ensure the developer's obligation to perform and pay all related costs, and to ensure that all reasonable risks associated with the development remain with the developer/applicant per the terms of the development contract and none of them are allowed to be shifted to the taxpayers of the City. Calculation of Amount: The current development contracts (see final memo section for changes for consideration at some point) require the developer to furnish the City with a financial guaranty from a bank or lending institution acceptable to the City. The • total amount of the financial guaranty is calculated by adding the required guaranty for each different improvement type (A, B, & C) noted as follows: A — Improvements (Included in most developments — Financial guaranty isl00% of estimated costs for each of the following types of obligations that are relevant to a particular development) Street Identification/Traffic Control Signs Street Lights Lot Corners Subdivision Monuments Mail Box Support Structures Landscape Buffer Erosion Control RNV Grading Restoration B — Public Improvements (Infrastructure to be installed privately, but publicly owned and maintained — Financial guaranty is 60% of the estimated costs for each of the following types of obligations that are relevant to a particular development) (Also results in a contract management deposit requirement based on total estimated improvement costs— see above deposit section) Watermain Lateral With services • Sanitary Sewer Lateral With Services Trails Storm Sewer Streets As Builts Legal, Financial and Engineering C — Public Improvement Proiect (Infrastructure to be installed by City contract and publicly owned and maintained — Financial guaranty is 2 to 3 times the amount of the estimated assessments) (Quite infrequent at this stage of Eagan's growth cycle) Potential City Use of Financial Guaranty: The breakdown of estimated costs among the improvements is for historical reference and does not limit the use of the financial guaranty. The City may draw down the financial guaranty to pay for all costs and expenses incurred by the City to enforce the development contract including the costs incurred by the City to collect on the financial security. The costs also may include any remediation or completion of improvements. The financial guaranty may be fora stated term provided it. is automatically renewable. There are also provisions in the agreement on how the financial guaranty may be used for claims received by the City from subcontractors or materialmen that work required by the contract has • been performed and money due them has not been paid. Release of Financial Guaranty: Since this is a guaranty and not a deposit to cover City costs, the guaranty will be incrementally released, in its entirety over a period of time, if the developer performs as agreed. The release of the financial security is also controlled by the development contract as follows. Periodically upon the developer's written request and upon completion and verification of satisfactory compliance or final approval by the City of any installed improvements, or the payment of special assessments levied in connection with the public improvement project, a like percentage of that portion of the financial guaranty covering those specific improvements or public improvement project may be released. However the final twenty percent (20%) of the financial guaranty, shall be held until a final acceptance (by the City) of all required development contract requirements. Upon the issuance of a certificate of occupancy for a building in the subdivision, the developer upon written request may obtain a release of the financial guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the public improvement project. At the time of final inspection of all improvements, if it is determined by the.City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the developer post a cash escrow equal to, one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain. in force for such time as the City deems necessary, not to exceed five (5) years. Attached to this memo as Exhibit A is an example of the dollars related to the above types of improvements (A & B — no Public Improvement Project Assessments) for the Steeplechase of Eagan development., Potential Changes For Subsequent Consideration With Financial Guaranties While not directed for review by the City Council with the update on financial guaranties, the appropriateness of a formal policy requiring the financial guaranties to be issued by a bank, savings association or credit union that is licensed to conduct the business of making loans or extending credit within the Sate of Minnesota is still an outstanding issue. The following chronology provides an update on previous consideration: • In June of 2005 the City Attorney's Office wrote a memo suggesting that the City adopt a formal policy to avoid ambiguity. The proposed formal policy would provide that the City would only accept a letter of credit/financial guarantee from a bank, savings association or credit union that is licensed to conduct the business of making loans or extending credit within the State of Minnesota and that has a business office for • presentment of the letter of credit within the Minnesota seven -county metropolitan area. If the bank, savings association or credit union does . not have a business office for presentment of the financial guarantee within the Minnesota seven -county metropolitan area, the financial guarantee must state that it may be accepted via facsimile. • On July 5 the City council approved the creation of the policy as a consent agenda item. • Subsequent to this action the City was contacted by Mr. Bob Machacek representing Lakeland Construction Finance, LLC objecting to this sort of policy. This firm has been providing the financial guaranties for the Manley projects in Eagan. • On November 1, 2005 the City Council took action to direct the issue to the Finance Committee and to date it has not been scheduled. The Cities of Lakeville and Shakopee have both recently approved ordinance amendments requiring .that "Letters of credit must be from a state or federally chartered bank or savings and loan association, insured by the Federal Deposit Insurance Corporation, that has an office in the State of Minnesota or a subsidiary of such bank or savings association with an office in the State of Minnesota". The final decision as to whether or not to proceed with this option as suggested • by the City Attorney's Office and City staff is a matter of public policy for.the City Council. The conclusion must balance the fact that nothing bad (no defaults by the non-financial institutions) has happened to date against the possibility that • something unfortunate could happen with future development. The desired outcome of the change would be to reduce City risk over the long-term; however, in the short-term it may generate objections from certain non-financial institutions and/or developers. This memo has been reviewed by City staff familiar with the operational details as well as the overall public policy issues related to deposits and financial guaranties to ensure that it accurately reflects current policy and practice. Director of Public Works Colbert, Director of Community Development Hohenstein, and I are all available to discuss the material or to provide any additional information that might be desired either in advance of the City Council meeting or in response to the Council discussion. Dired'Mof Administrative Services VanOverbeke cc: Director of Public Works Colbert Director of Community Development Hohenstein 33 Exhibit A Financial Guaranty Example -- Steeplechase of Eagan A - Improvements B - Public Improvements Total Description Amount Description Amount* Street Identification/Traffic Control Signs $ 3,500 atermain Lateral with Services $ 90,846 Street Lights 48,000 Sanitary Sewer Lateral with Services 95,804 Lot Comers and subdivsiison monuments 8,400 rails 3,750 Mail Box Support Structures 9,500 Sanitary Sewer Lift Station 70,416 Erosion Control 94;750 Storm Sewer 104,258 RNV Gradin 36,000 Streets 272,631 Restoration 107,450 s Builts 12,000 Landscaping 38,770 Le al, Financial and Engineering 194,925 $346,370 $844,630 $1,191,000 Maximum Amount Available for Early Release - 80% $ 952,800 mount Retained Until Final Acceptance - 20% $ 238,200 * Each dollar amount is shown at 60% of the estimated cost. • Agenda Information Memo June 13, 2006, Eagan City Council Workshop VI. 2007 GENERAL'FUND BUDGET UPDATE ACTION TO BE CONSIDERED: This is an informative/discussion item and no specific action is required. FACTS: ➢ In early April staff began the 2007 budget process and Department Directors are preparing 2007 budget proposals for the various departments and divisions. The proposals are due to the City Administrator by June 16, 2006 and will be reviewed in meetings in June and July. Depending on the workloads and other priorities,. review with the City Council is expected to formally be undertaken in August.. Consistent with past practice and as a starting point, Directors have been instructed to target an inflationary 3%increase in each division or department. Although a reasonable target, due to unique circumstances it is unlikely that all budgets can realistically be proposed at that level. Therefore, Directors have been asked to outline resource requirements to maintain current service levels and to adjust for budgetary items that fluctuate from year to year. This budget cycle is incorporating the beginning steps of a process of enhancing the budget to become a better and more comprehensive planning, policy, and communications tool. The desired enhancements are consistent with recommendations of the Government Finance Officers Association and are generally accepted by practitioners and governments as appropriate objectives. While the old budget process and book have served the City well for years, it is important to take the document to the next level. ➢ Consistent with past practice, public policy issues and options will be highlighted for City Council consideration in the draft budget. Any adjustments or changes to programs. with service level or budgetary implications will be called out and background information and justification provided as the budget preparation proceeds and in the draft document. The new budget submittal format and forms will better allow Finance and Administration to present highlights and.public policy considerations in a concise and consistent manner to the City Council. The 2005-2006 City Council goal to "research and pursue opportunities for improved service delivery to best meet the, current and future needs of the community, recognizing the constrained fiscal environment in which the City operates" continues to be foremost as a premise upon which the work to build the 2007 budget is based. ➢ Even though there was no financial assistance provided, since the State Legislature has completed its work, some of the uncertainty associated with previous year's budgeting is eliminated for at least this one cycle. For the last couple of years the budget has been prepared without the benefit of knowing whether or not the State would provide funding of the Market Value Homestead Credit and whether or not formal levy limits or any other types of limitations on local control would be implemented. ➢ Except for an earlier start to allow for the changing format, the overall budget calendar for preparation of the 2007 budget is similar to previous years and significant dates are as follows: April 11, 2006 April 11— June 16 June 16 — Late July to early August August September 15 Early. December Mid -December ATTACHMENTS: (None) Budget kickoff meeting Department Head budget preparation Finance Department completes revenue estimates Budget meetings with budget team and departments are held City Administrator's recommended budget is prepared Special City Council meeting(s) on 2007 budget Preliminary levy is certified to the County Truth -in -Taxation public hearing Final 2007 budget and levy are adopted by the City Council Agenda Information Memo June 13, 2006, Eagan City Council Workshop VII. PIGEON HARBORING LICENSING ORDINANCE ACTION TO BE CONSIDERED: To provide direction to staff and the City Attorney's office regarding preparation of a revised ordinance regarding issuing licenses for the harboring of pigeons. FACTS: ➢ On February 21, 2006 the City Council denied a license for the harboring of pigeons at -3880 Princeton Trail and directed the removal of the pigeons within 60 days. The Council further directed the preparation of an ordinance, amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. ➢ Before consideration by the City Council the application had been in process from late 2005 as the applicant made changes to the structure in the yard and • attempted to come into compliance with the various Code requirements for the issuance of a license. ➢ The proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. ➢ Rather than remove the pigeons as directed the applicant at 3880 Princeton Trail has continued to work on coming into compliance with the existing Code requirements so he can reapply for a license. It appears unlikely that this applicant will get into full compliance as birds continue to be observed perching on neighboring property. ➢ The pigeon owner who appeared at the March 6 meeting in opposition to the proposed new ordinance has also not completed a pigeon harboring license application as his location does not meet the current requirements in terms of land use and related property/structure issues. The applicant has expressed his intentions of applying for variances to the accessory building code to allow for his coops. _Based on the advice of the City Attorney's Office, staff recommended and the • City Council approved a moratorium ordinance on May 26, 2006 prohibiting 3q,1 consideration of the issuance of pigeon harboring licenses until September 30, • 2006 or such sooner time as the City Council may determine. ➢ A meeting with a representative of the 3880 Princeton Trail applicant has been held to inform them of this City Council meeting and of the continuing problems in the neighborhood with the harboring of pigeons. ISSUES: ➢ The harboring of pigeons in relatively densely populated residential areas with relatively small lots appears to be accepted in certain cities and the licensing of same, subject to certain other conditions, seems to reflect the position of the organized pigeon clubs. ➢ The harboring. of pigeons at 3880 Princeton Trail has created numerous problems in the neighborhood that have not been corrected despite the owner's efforts to bring the activities into compliance with the current City Code. ➢ City staff is not aware of problems created with the harboring of pigeons at the Pilot Knob site where the owner has expressed his intentions to apply for a pigeon harboring license. ➢ Staff has not discovered an objective way at this point to measure the impact/relationship between property size and location and the management of the site and the pigeons. Consequently, it is difficult to determine whether or not licensing at a particular site will lead to neighborhood problems. ATTACHMENTS: (New Information) Enclosed on pages - through % is a copy of a memo dated April 24, 2006 from Director of Administrative Services VanOverbeke summarizing the research into pigeon harboring licensing ordinances .in other communities. Enclosed on page is a copy of a letter dated May 19, 2006 to Mr. Eric Drenckhahn informing him of this meeting and asking for copies of any material he desired to have presented to the City Council. Enclosed on pages_ through is a copy of the material subsequently supplied by Mr. Drenckhahn. Enclosed on page is a copy of the letter sent to the petitioners and other interested parties in the general area of the previously declined application for Mr. Dao at 3880 Princeton Trail. 0 Wal Enclosed without page number is a DVD and other written material submitted by Mr. Drenckhahn with a cover letter dated April 2, 2006. (Summarized in his cover letter.) The following information as been provided to the City Council previously: (Staff apologizes for the volume of information;, it is provided as a courtesy in case it is referenced or asked about by a stakeholder in this discussion.) Enclosed on pages Jt through /,S:R— is a copy of all material previously submitted on this issue relating primarily to the application for issuance of a license to harbor pigeons at 3880 Princeton Trail and to the proposed ordinance amendment that. would have limited license issuance to agriculturally zoned properties of at least five acres. Photos have not been copied and redistributed again. 3�j • City of Eap Nene To: I City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: April 24, 2006 Subject: Pigeon Ordinance In order to assemble information to provide options to the City Council for their review and consideration of changes to the City's regulating the harboring of carrier pigeons I have reviewed ordinances from the Cities of White Bear Lake, Shoreview, Minneapolis, and St. Paul and compared them to Eagan's current City Code provisions. The information is based on my understanding of what the codes say which may be subject to various interpretations at specific cities. The material is assembled in the attached matrix. I have arranged the information in. the following general categories and list some • .observations about the various code provisions and the potential impact of options within each category, if appropriate. Piaeon Definition Each cityseems to be regulating the same bird or types of pigeons, although they may use different names. Each is fairly well defined and in total encompasses the issue. Some codes define "maturity" and others do not, although I don't believe that is a substantive issue. License/Permit Each city issues either a license or a permit upon approval and all are annual. Zoning/Neighbors Four of the five ordinances are silent regarding the type of zoning while Shoreview is limited to residential zoning districts and requires the pigeon owner to reside on the premises, thereby eliminating absentee pigeon owners as permit holders. Both Minneapolis and St. Paul require the consent of a percentage of neighbors within a certain prescribed distance as a condition of City approval. That appears to be a method of dealing with neighborhood concerns and operations and seems to deflect the issue from the elected officials to the neighborhood. All codes are silent on the pigeon owner and property owner, being the same person. Including that type of restriction would eliminate a rental • situation by the pigeon owners. • Loft -Construction In general communities enforce their development, land use controls, and building construction requirements as a consideration for a pigeon harboring permit. Eagan's Code already appears to be among the most stringent as to size, location, and required floor space for the loft(s). Loft -Maintenance Cities attempt to control the on-going condition of the loft through requirements for cleanliness and control of rodents. Loft maintenance along with off -premises pigeon perching and lingering appear to be of the greatest concern to become nuisances and are probably the most difficult to enforce without a committed pigeon owner and a potentially fairly constant City inspection program of some sort. Minneapolis and St. Paul have more written information; however, the. overall intent appears to be consistent in all the cities. Piaeons — Number & Requirements Eagan and White Bear Lake both limit the number of pigeons to 100 while the other three cities are silent on the number. The others do require a number to be reported as part of the application; however, and may have some administrative limits that are not clear in the material I reviewed. In addition Eagan and White Bear Lake require that the pigeons be registered. Again, it is not clear if that requirement is used in the other three cities. • Feed-Storaae Four of the five cities require steps to make sure the food is stored, in containers to protect against rodent or vermin infestation. St. Paul makes no mention, but I would expect it becomes a condition at some point. Feed-Feedina Eagan, White Bear Lake, and Shoreview require the pigeons to be fed in the loft. Minneapolis and St. Paul are silent on the feeding location. Exercise/Flvina Minneapolis makes no mention of keeping the pigeons in the loft. The other four I ities require that the birds stay in the loft except for exercise, training, and competition. St. Paul limits the times out of the loft to two different two hour periods selected from two four hour periods. Eagan and Shoreview allow no flying within eight hours of feeding. Eagan and Shoreview also prohibit the birds from perching or lingering on buildings, trees or other objects located off the -- premises. • Plaeon Owners White Bear Lake has a provision requiring that only the pigeon owner can release the birds and that the owners must be members in good standing in an organized pigeon club. Issuino Authority The City Council issues the permits in Eagan. White Bear Lake's information is silent on the issuing authority. In Shoreview the City Manager issues the permits with any desired appeal available to the Planning Commission and then the City Council. Minneapolis and St. Paul permits are issued by specific offices and it is in these two cities where the greatest discretion and most administrative control appear to exist. Conclusion The intent of these ordinances is to permit the keeping, maintenance, and flying of certain registered pigeons as a recreational sport and hobby, subject to regulation. The various regulations attempt to balance the permitted activity against it becoming a nuisance and detrimental to the public welfare. I did not come across anything in my review that really instructs the question as to what would be best for Eagan. Cities are clearly trying to protect the health and welfare of their communities thorough controlling the construction of the loft(s), proper maintenance of the loft(s), and proper owner control and limitation • on the flying of the pigeons. Any problems would seem to revolve around responsible ownership and is reliant on permit holders who are committed to operating by the requirements. With permit holders who are not committed to operating by the rules, the potential exists for the permitting to become a significant enforcement issue for the City which may eventually result in the non - issuance, revocation, or non -renewal of permits. A new ordinance and revised City Code for Eagan ultimately should result from the City Council deciding on the public policy issues and determining the appropriate balance between the practice of the hobby, etc. and the potential for neighborhood problems. A wide range, but not necessarily exhaustive list of options may include the following: 1. Leave the City Code as it is and review applications and issue or deny permits as applications are received. 2. Change the Code to allow the harboring of pigeons only on agricultural zoned properties. Perhaps a grandfathering clause could be added to allow for the one potential license on residentially zoned property of which we are now aware. _Fa 3. Add a requirement that the owner(s) show proof that they are a member in good standing of a pigeon club (could be local, state or national or some combination) to raise expectations, demonstrate commitment to the sport(s), and to help with peer enforcement. 4. Add a requirement that the property owner and pigeon owner be one and the same person. In other words, renters would not be eligible to obtain permits to harbor pigeons. 5. Include some sort of neighborhood consent to. the approval process. Adding number 3 and/or number 4 to Eagan's current Code would be one possible solution that would allow pigeon harboring in all residential zoning districts assuming all of the other requirements could be met. Please let me know, if you would like to discuss this information or if you would like anything else presented. Unless I am otherwise directed, I expect to do no additional work on the potential ordinance at this time and will assume this material will be presented to the City Council for the June 13, 2006 workshop. Dire r f Administrative Services VanOverbeke cc: Director of Community Development Hohenstein Administrative Secretary/Deputy City Clerk. Pepper • rib! Page 1 • • 04,2006 Description Eagan White Bear Lake Shoreview Minneapolis St. Paul Definition Carrier Pigeon Racing Pigeon Racing Pigeon Racing Pigeon Homing and Racing Fancy Pigeon Fancy Pigeon Homing Pigeon Sporting Pigeon Sporting Pigeon LicenselPermit Permit Required -annual License/Permit-annual License -annual Permit4nnual Permit -annual Conditional Specifications: Zoning/Neighbors No loft shall be within Lofts in rear yard only and at License holder must reside on Requires consent of 80% of Requires consent of 75% of 25 feet of any inhabited dwelling least 50 feet from adjacent the premises neighbors within 100 it of neighbors within 150 ft of habitable structures Property zoned RE, Residential property where pigeons will property where pigeons will be Estate or R1, Detached be kept kept Not kept in such a manner as to Residential - constitute a nuisance to the Property cannot contain more occupants of adjacent property than three dwelling units Loft Construction Construction and location shall Minimum of one square foot. Must meet most requirements Requires appropriate fencing and Constructiomand maintenance be in conformance with City of floor space in loft per bird concerning accessory structures security issues to prevent of holding facilities must comply building and zoning regulations and applicable building codes accidental release with applicable rules, regulations, Size of loft must meet City's ordinances and statutes No more than 2 lofts accessory structure ordinance Setbacks depend on specific Proper construction materials 24 x 12 x 14 feet maximum each circumstances so it can be maintained in a clean Owner must demonstrate condition appropriate holding area, capable Each loft shall have at least Minimum of one square foot of of containing the animals two square feet of floor space floor area in loft for each per mature pigeon kept therein mature pigeon Maintenance Clean and sanitary lofts Clean premises -Loft and Clean and sanitary lofts Accumulation of fecal material Flies, rodents and noxious odors Removal and disposal of pigeon surroundings cleaned daily or bedding which is laden with shall be controlled waste weekly or more often as waste will be deemed to be an necessary Loft must be rodent proof unacceptable level of Facilities and grounds in a clean maintenance and sanitary condition and in good repair Page 2 April 14, 2006 Description Eagan White Bear Lake Shoreview Minneapolis St. Paul Maintenance Unconsumed food cleaned up (Continued) and removed daily Free of fecal matter and collected fecal matter shall be properly Droppings must be cleaned up stored and disposed of - removed daily, stored, and disposed of at least once each week properly Rodent control measures must Premises must be free of rodents be instituted when indicated and vermin Housing, general yard area, and the premises must be maintained in a clean and sanitary condition and free from odors at all times Pigeons -Number & Requirements No more than 100 pigeons over Not more than 100 birds 3 months of age Pigeons must be registered Permit issuance requires verification of pigeon reistration. Feed Storage Feed stored in containers to All food stored in rodent proof Food stored In containers to Food stored in containers to protect against rodent and vermin container prevent rodent and vermin prevent rodent intrusion infestation intrusion Feeding Must be fed within loft Fed within confines of the loft Fed in confines of the loft Exercise/Flying Confined to loft except for Confined to loft except for Confined to loft except for Pigeons may be allowed to fly for limited periods. necessary for exercise, performance, training, limited exercise, training, and a period not to exceed two hours - exercise, training, and or return from areas outside city competition — cannot be released may take place once between competition — cannot be released for flying within eight hours of 6:00 a.m. and 10:00 a.m. and for flying within eight hours of feeding once between 3:00 p.m. its feeding and 7:00 p.m. Page 3 • s 4. 2006 Description Eagan White Bear Lake Shoreview Minneapolis St. Paul Exercise/Flying No pigeon shall perch or linger No pigeon shall perch or linger (Continued) on the buildings or property of on buildings or trees, or other others objects located off the premises. Pigeon Owners Only pigeon owners can release - owners must be members in good standing of organized pigeon club Issuing Authority City Council City Manager approval Issued by Commissioner of Office of Licenses, Inspections Notice of intent to property 150 Health - may prescribe general and Environmental Protection feet of perimeter of the property conditions and specific may add other restrictions and conditions to a particular conditions Appeal to Planning Commission animal or fowl or a particular and City Council premises City. Council may add reasonable conditions for compatibility with Isurrounding residential uses Pat Geagan MAYOR Peggy. Carlson Cyndee Fields Mike Maguire Moo Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth In our community. May 19, 2006 Mr. Eric Drenckhahn 2811 Pilot Knob Road Eagan, Minnesota 55121-1121 Re: Pigeon Harboring Licensing -- Ordinance Amendment Dear Eric: As we discussed in our telephone conversation yesterday morning, I am sending you a copy of the background material regarding the Pigeon Harboring Licensing -- Ordinance Amendment that I have prepared at the direction of the City Council. A Special City . Council meeting is scheduled for June 13, 2006 at 5:30 p.m. at City Hall and the ordinance amendment is scheduled for discussion at that meeting. I would very much appreciate your reviewing the material and responding to me, hopefully in writing, if you have any concerns, questions, or want to add any additional material that you feel should be forwarded to the City Council. I am in receipt of the material you submitted earlier to Jon Hohenstein and will include that in the packet distribution. The .discussion at the meeting on the 1 e will be much more efficient and productive if we can provide all of the background information to the City Council for theirreview in advance of the • meeting. I would also like to invite you and any other appropriate Pigeon Organization representatives to attend the meeting to answer any questions that the City Council might have during the course of their discussion. Since I do not have contact information, I ask that you invite the representatives as you feel is appropriate and helpful. The City Council desires to develop a revised ordinance that respects both the interests of responsible pigeon owners and other citizens of the community. We appreciate your willingness to assist in this process. I will be serving as the main City contact in -regard to coordinating the consideration of the ordinance amendment so please call me (651-675-5016), email me (avanoverbekeO-cityofeasaan.com), or send any additional written material to me. The Community Development Department will process the required land use variance applications at the appropriate time. Sincerely, E. J. VanOverbeke Director of Administrative Services cc: City Administrator Hedges (w/o enclosures) Director of Community Development Hohenstein (w(o enclosures) Enclosures Eric Drenckhahn 2811 Pilot Knob Road Eagan, Minnesota 55121-1121 (651) 405-0338, Q� a� City of Eagan O� E. J. VanOverbeke 3830 Pilot Knob Rd / Eagan, MN 55122-1810 May 29, 2006 Dear Gene: Thank you for requesting my input in drafting an. Ordinance for the Keeping of Pigeons in the City of Eagan. • I have attached a' Model Ordinance' from the American Racing Pigeon Union (AU) that is used by many cities, as -is, across the United States. While much of it is similar to what Eagan currently has, there are some differences. It was also included in the information packet that I had distributed previously. Definition and Maturity Currently Eagan does not have a definition of what is a "Mature Pigeon" is. The AU defines it as birds over the age of 6 months. While it is almost impossible to tell the exact age of a particular bird without looking at loft records, most pigeons banded with a current year band would probably be considered mature at the end of the Year. If a bird has a previous year's band, it would be considered mature. _ Eagan could add this as part if their definitions. License/Permit I believe that the City Staff can do an adequate job of issuing permits for pigeons. Involving the City Council may be a bit of overkill for the permit process. Zoning/Neighbors While I am not concerned about any requirement for specific zoning, I feel that the permits should • be issued to residential areas. I am not sure if any commercial businesses would ever be involved in racing pigeons. I also believe that if an individual is on a lot either zoned agricultural or in excess of 5 acres, no permit should be necessary. What can/should be done for an individual that has a few pigeons to train a dog? I do not think itmatters if the resident is a renter or owner. Having several rental properties • myself, I feel that should be an issue between the renter and the landlord. The AU ordinance does not mention any zoning requirements. I am not too concerned with any consent process, but I do feel that it complicates matters a bit. No consent process is used for other animals or children, which could be an even larger impact on the neighborhood. Other than the above concerns, limiting pigeon permits to residential zoning areas should not cause difficulty. Loft. Construction I believe that the current Eagan ordinance covers this adequately. If the buildings are constructed of maintenance -free materials, it is not an issue. Loft Maintenance The AU Ordinance states, "The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city." I believe this to be adequate. Pigeons — Number and Requirements The AU does not specify any limit of birds. The limit of 100 pigeons is not an issue, providing that any count is done in the late-fall/early-winter of the year, after the Young Bird Racing season. • An ideal time for any counts if they are even necessary is in November/December timeframe. Most fanciers will breed extra birds due to losses as a result of hawks and the ability to allow birds to rest between rigorous races. A smaller team may be raced too heavily. The AU ordinance states, "There shall be a least one (1) square foot of floor space in any loft for each mature pigeon kept therein. Eagan currently requires two square feet. While I personally strive for even more in my own lofts, I believe that this should be changed to meet the AU requirements. Feed -Storage The AU ordinance states, "All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin." I belive that all open bags of feed should be in some sort of container. Eagan could add this as a requirement. Feed -Feeding The AU ordinance states, "All pigeons shall be fed within the confines of the loft. This is consistent with the current ordinance and should remain. Eagan has the additional requirement of "provided no carrier pigeon shall be released for flying within eight hours of its feeding." The AU Ordinance requires 4 -hours. This is a more acceptable figure, although it is a relatively difficult policy to enforce. • Exercise/Flying The AU Ordinance states, "All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch �9 • or linger on the buildings or property of others." This is similar to the existing ordinance and I believe it to be adequate. The AU Ordinance states, "Pigeons will not be released for flying which have been fed within the previous 4 hours." Pigeon Owners I do not think that restricting only the owner from releasing birds serves any purpose. In some areas, a "Loft Manager" is used to train and take care ofthe birds. Issuing Authority I believe that City Staff can do an adequate job of issuing permits. Perhaps the City Council can be used for appeals for denied permits, but I do not think the issuing of permits should be a burden on the City Council Conclusion I would recommend the City of Eagan adopt the AU Ordinance in its entirety, unchanged. This would satisfy many of the concerns and implement many of the recommeendations made above. As a simple alternative, keep the existing ordinance but add'the requirements: • ✓ "The owner of the pigeons must be a member in good standing of an organized pigeon club." ✓ "Pigeons shall be banded and registered with one of the national pigeon associations/registries." While I do not think that there are a large number of people that will be applying for a Pigeon Permit, I would be more than pleased to be part of any inspection commission that the City may decide to setup. I am also extending an invitation to visit my loft for a better understanding of how pigeons -can be kept and raced in a clean and unobtrusive environment. Sin c Drenckhahn "Homing Pigeons Perceptions vs Reality" • From The Avian Assitance Council and The American Racing Pigeon Union, Inc. MODEL ORDINANCE ( contained in the Appendix of the above named pamplet supplied by the American Racing Pigeon Union, Inc. ) INTRODUCTION The following "Model Ordinance" has been prepared by the Avian Assistance Council under the auspices of; and with the financial assistance of, the American Racing Pigeon Union. Neither the Avian Assistance Council or the American Racing Pigeon Union assume any responsibility or liability with regard to accomplishing particular objectives for a specific pigeon fancier through the use of the form suggested in this model ordinance. Further, no form should be relied upon without qualification. Each provision appearing in the form should be carefully considered in connection with the circumstances of the particular pigeon fancier and the community he resides in. Other provisions should be included if required by rule, ordinance or custom Even though the ultimate responsibility for the preparation of the ordinance rests with the fancier or his attorney, a member of the Avian Assistance Council will be pleased to discuss with the fancier or the attorney particular situations and offer practical suggestions for consideration in preparing the proposed ordinance or amendment. i be ed i should create b • If an ordinance s going to pass t s o c ea e a balance between the needs of the fancier and the concerns of the public. The Avian Assistance Council believes that the standards and the enforcement provisions in the proposed ordinance are reasonable and necessary for an impartial, balanced ordinance. To propose an ordinance with weak or no enforcement provisions will invite outright rejection by local government staff, or unreasonable enforcement provisions. We believe that it is to our advantage to prevent the keeping of pigeons in unsanitary conditions by unscrupulous fanciers who fail to maintain adequate controls. The proposed ordinance should accomplish this without unreasonably interfering with the keeping of pigeons by conscientious fanciers. • ORDINANCE NO. AN ORDINANCE OF THE CITY (TOWN, TOWNSHIP, VILLAGE, ETC.) OF , AUTHORIZING THE KEEPING OF PIGEONS, PROVIDING FOR ISSUANCE OF PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS it is the purpose and intent of this ordinance to permit the keeping, maintenance and flying of certain registered pigeons as a recreational sport and hobby, subject to regulations hereinafter set forth, and WHEREAS the keeping, breeding, maintenance and flying of fancy; racing and sporting breeds of pigeons, as defined herein, is determined not to be a nuisance and is a wholesome activity, not detrimental to the public welfare, if regulated as hereafter set forth, and WHEREAS it is recognized that the keeping, breeding, maintenance and flying of such pigeons is now mainly engaged in by members of local, district and national organizations, and such persons keep their pigeons in suitable permanent structures constructed and maintained for such purpose, and keep such structures in a clean and sanitary manner, and do not permit their pigeons to remain. at large in the community in such manner as to disturb their neighbors or to prevent the full enjoyment of property rights by their neighbors, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF • AS FOLLOWS: SECTION 1. DEFINITIONS: A. "Pigeon" means a member of the family Columbidae, and shall include "Racing Pigeons", "Fancy Pigeons" and "Sporting Pigeons" as defined in this ordinance. B. "Racing Pigeon" means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeon Fanciers. Also, commonly known as Racing Homer, Homing Pigeon, or Carrier Pigeon. C. "Fancy Pigeon" means a pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples: Fantails, Pouters, Trumpeters. D. "Sporting Pigeon" means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers. E. "Loft" means the structure(s) for the keeping or housing of pigeons permitted by this ordinance. F. "Mature Pigeon" means a pigeon aged six months or older. • G. "Owner" means the owner of Pigeons subject to this ordinance. SECTION 2. CONDITIONS: The keeping, breeding, maintenance and flying of pigeons shall be permitted on the following conditions: A. The loft shall be of such sufficient size and design, and constructed of such material, • that it can be maintained in a clean and sanitary condition. B. There shall be a least one (1) square foot of floor space in any loft for each mature pigeon kept therein. C. The construction and location of the loft shall not conflict with the requirements of any Building Code or Zoning Code of the city. D. All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin. E. The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city. F. All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others. G. All pigeons shall be fed within the confines of the loft. H. No one shall release pigeons to fly for exercise, training or competition except in compliance with the following rules: (1) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare. Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood. (2) Pigeons will not be released for flying.which have been fed within the previous 4 hours. • I. Pigeons shall be banded and registered with one of the national pigeon associations/registries. SECTION 3. PERMIT: On application signed by the owner, on such form as shall be provided by the city, wherein the owner shall certify that his loft(s) comply with applicable building and zoning codes, and upon payment of a fee of $----, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked, or unless the use of the loft be discontinued for a period of one year. SECTION 4. RIGHT OF ENTRY FOR INSPECTION: The Animal Control Officer may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this ordinance. SECTION 5. VIOLATION AND PENALTIES: When the Animal Control Officer finds a violation to have occurred, the officer shall give written Notice thereof to the owner. If said violation is not remedied within ten (10) days, the Animal Control Officer may issue a citation to appear in municipal court to answer the charges stated thereon. Any owner found violating any of the provisions of this ordinance shall upon conviction be guilty of a misdemeanor punishable by a fine not to exceed the sum of $100.00. Three convictions within eighteen (18) months shall result in the revocation of the permit. . 0 SECTION 6. EFFECTIVE DATE: This ordinance shall take effect (month, day, year). PASSED by the (City Council, Town Council, City Commission; as appropriate) this day of , • June 5.,, 2006 NAME STREET ADDRESS CITY, STATE, ZIP CODE Re: Issuance of Licenses for the Harboring of Pigeons Dear I am sending you this letter as a petitioner or interested party to make you aware that the City Council will be discussing potential changes to the City Code regarding the issuance of licenses for the harboring of pigeons. The item is on the agenda for the Special City Council Meeting which begins at 5:30 p.m. on Tuesday, June 13, 2006 in the Eagan Room at City Hall. Since you have previously been involved with this matter and have expressed a desire to be informed of subsequent discussions, I am sending you this notice and inviting you to attend the meeting, if you so desire. Please be advise I however, that the City Council will only be considering potential changes to the current City Code provisions. This meeting is not scheduled to be a public hearing to discuss the merits of issuing a license to any particular applicant at any specific property location. The City Council will be provided with copies in advance of the meeting of all material previously submitted on this issue. If the petitioners would like to address the City Council regarding the elements of a proposed ordinance amendment, it would be most efficient to designate a spokesperson for the group. Thank you for your continued interest in this matter, please contact me at 651- 675-5016 or by email at gvanoverbeke@cityofeagan.com if you have questions or would like to submit additional material in advance of the meeting. Sincerely, E. J. VanOverbeke Director of Administrative Services cc: City Administrator Hedges Director of Community Development Hohenstein February 9, 2006 Eagan City Council Attention: Michael Ridley Planning Commissioner 3830 Pilot Knob Road Eagan, MN 55122 In Re: Application for Pigeon License at 3880 Princeton Trail Dear Mr. Ridley, Mayor Geagon, and Members of the Eagan Council: I had the opportunity to view the portion of the City Council's Meeting from February 7, 2006, as it pertained to "New Business" and am writing to address specifically Council Member Peggy Carlson's question, as well as anyone else's concern, as to what specifically are the objections to Mr. Dao's application to obtain a permit or license for pigeons. This letter assumes that you have already received and read a copy of my letter dated January 30, 2006, with enclosures about the destruction to property caused by pigeons, the diseases that they can transmit to humans, the necessary precautions necessary to protect property where pigeons live in order to mitigate not only the hazards to surrounding property, but people as well. In addition, I submitted photographs of the first coop Mr. Dao built and placed in his backyard and where his pigeons have been • harbored until last week, as well as the most current one where the pigeons have been replaced. First, let me state that I live next door to Mr. Dao and it's my recollection that his first coop went up last Spring, 2005. The first coop constructed stood well over eight months. is in violation of the City Code. The pigeons that Mr. Dao has kept in that non- conforming detached building, have been unauthorized. Thus, my neighbor has demonstrated non-compliance with the City Code for the past eight months, and continuing. Mr. Dao's action have been in violation of 10. 12, Subd. 7, C and E. 3. Second, Mr. Dao was asked to have the first coop dismantled completely by February 6, 20064 and his Application for a permit/license was scheduled to be heard by the Council at its February 7 meeting. Mr. Dao failed to comply. Therefore, he continues to be in violation of the City Code for harboring pigeons without a license, which he has done since last Spring. And, necessarily his Application for a permit/license was postponed. I understand that Mr. Dao is requesting a permit for six pigeons. Last summer and fall I saw more than six pigeons in Mr. Dao's yard, and would estimate that anywhere between 15 and 20 pigeons were flying from Mr. Dao's property and the comer property directly north of his'at 3874 Princeton Trail. My estimate is a conservative number. Last summer and fall before winter set in, I often witnessed the pigeons perched on the roof of this corner house. This is in violation of 10. 12, Subd. 7, E.3(h) of the City Code which says "No pigeon shall perch or linger on the buildings or property of others." The reason for this restriction in the City Code is self-evident.0' In reviewing Mr. Dao's Application for six pigeons, several questions arise. When were the birds identified as indicated in his Application? Was this done last summer when the pigeons were purchased by Mr. Dao and placed in his non -conforming coop? Probably not, because he failed to make Application to harbor the pigeons. Has someone been to W. Dao's house and verified for the purposes of the present Application that W. Dao's birds are identified as required by the City Code? See 10. 12, Subd. 7, CA. Has Mr. Dao paid a License Fee? Has he been fined for the violations occurring over the past eight months? The City Code requires that any "loft" that Mr. Dao keeps in his yard must not only meet the structural requirements of the Code which admittedly were violated with his first coop, but must also meet certain minimum sanitary conditions. See 10. 12, Subd. 7, E.3.(d). In the past eight months that Mr. Dao has illegally harbored pigeons in his backyard in the first non -conforming coop, I never once, not once, saw him clean that coop, remove and dispose of pigeon waste "weekly" or "more often as required to keep the loft in a sanitary and odor -free condition." The pictures of the first coop I provided to you speak for themselves. Does bird dung splattered and left on windows and walls meet this sanitation requirement? Who is going to inspect Mr. Dao's coop on a regular basis to ensure the sanitation requirements setforth in the Code are met? Will this include inspection of the coop and the birds for control of mites, fleas, ticks and other insects commonly carried by pigeons? . It's hard to know what Mr. Dao's pigeons were doing when they were not in his coop last year and milling about in his yard, but the City Code specifically prohibits feeding the birds anywhere but "within the confines of the loft". See 10.12, Subd. 7, E.3.(f). Mr. Dao's second coop is set back far from his home. The first one however was built and constructed in violation of 10.12, Subd. 7, E.3(c) prohibiting any loft "within 25 feet of any inhabited dwelling." Pursuant to 10. 12, Subd. 7. D. 1, 2, 3, and 4, you are respectfully requested to deny this Application based on W. Dao's flagrant disregard of the City Code. Is it fraudulent to claim you only own six pigeons when in fact twice that amount have been seen on his property? I think so. Has Mr: Dao failed to comply with one or more of the provisions of Subdivision 7? 1 have set out the violations I have seen and there are at least five, if not more, that Mr. Dao has managed to commit in the past eight months he has harbored pigeons on his property. Was the first loft EVER in compliance with the Code? No. Did Mr. Dao harbor pigeons in violation of Subdivision 7? Unequivocally, yes. What about the health concerns that are raised by harboring pigeons? Do bacteria, fungal agents or ectoparasites mean anything to you? What about the property damage they perpetrate on buildings and surrounding landscape? What about the property value.of the homes in Lexington Square? What about compliance with the City Code? • I look forward to addressing you at the next City Council Meeting. Eagan, MN 55123 Cc: Mary Granley, City Code Enforcement February 15, 2006 • Eagan City Council ATTENTION: Michael Ridley Planning Commissioner 3830 Pilot Knob -Road Eagan, MN 55122 In Re: Dahn Dao Application for Pigeon License at 3880 Princeton Trail Dear Mr. Ridley: Please be advised that I live in the house directly to the south of the above applicant. I had the opportunity last Friday, February 10, 2006, to observe pigeons, anywhere from ten to twenty or more, fly and linger between Mr. Dao's backyard coops and the comer house directly north of his property. This occurred over several hours. While the pigeons did not land on my house as far as I could tell, they were noisy, and, they flew back and forth around all of the immediate homes, including mine, in flocks of six to eight, as if on a mission (no pun intended). They fly low in formation and look as though they will land at.any minute. This was reminiscent of last summer and fall, when there were tons of pigeons flying overhead, and, between Mr. Dao's house and the corner house. I have several garden areas in my yard and I take pride in the way my husband and I . maintain our property. Several of my garden beds in our backyard failed last year, since the pigeons arrived. I have enclosed pictures of our backyard and have circled the areas that died and which I dug up. In one of the pictures I have also circled an area where Mr. Dao's first coop was standing, pictures of which have been previously submitted to you. I estimate that there was approximately twenty feet between Mr. Dao's first coop and one .of my garden beds. Last fall, after working in my gardens over the summer, and after digging up the flowers and prairie grasses that died, I experienced for the first time bumps up and down my arms. It is no secret that pigeons carry mites and that those mites migrate from the nest and they bite people. Please see enclosed articles. While I cannot blame the pigeons with any certainty, I can tell you that I have maintained those garden beds containing black-eyed Susan flowers and perennial .prairie grasses (the name of which I can no longer remember) for many years prior to 2005 before the pigeons arrived. In my mind there is a definite cause and effect with the emergence of the pigeons next door and my prairie grasses and flowers dying, and, the physical manifestations of insect bites on my arms. We have several bird feeders on the south side of our house outside the kitchen window and behind our garage. Last year pigeons helped themselves to the birdseed in one of the feeders and were often perched on the edge of the garage roof near the -bird feeders. As you might imagine, the smaller birds shy away from the feeders with the pigeons present. ___ ___ 1��9 ­_'.__­__._... - - . - - __ - 7 Last, but not least, last year on many occasions I was forced to shut my windows in the summer and fall early in the morning (as early as 4:00 a.m.!!) because of the noise and clatter of the pigeons, and, the other birds that they tend to attract. The noise from the birds is not only loud but obnoxious. I try to have my windows open every chance I get when at home. For all of the above reasons, the pigeons in our neighborhood are a nuisance and a health concern. I ask that you deny this application to harbor pigeons at 3880 Princeton Trail. Respectfully submitted, Denise Reuter 3886 Princeton Trail Eagan, MN 55123 .door& PIGEON CONTROL The common -pigeon Columba livia (the Rock Dove) is present in a wild or ownerless state in many cities. Some cities have areas, in which the population level is high, and there are also large areas in which the level is low, but the birds are still noticeable. This bird is a scavenger, much like the Norway mt.. Reasons for the need for pigeon control, biology of the bird, and methods of control. and their limitations are given within. A C A GUIDE o TO hoc S 4"� �M i NEED FOR CONTROL AP- Ao Diseases may be carried by these birds and transmitted to humans. Ornithosis (or psittacosis— commonly called parrot -fever) is found in pigeons, the population of which may serve as a vast reservoir for the organism. Cryptococcosis is another disease caused by a fungus found in pigeon droppings that may infect humans. Dermatitis can be caused by pigeon mites that often migrate from the nests and bite people. Defacement of buildings, vehicles, trees, shrubs, lawns, benches and fountains in parks, by excrement occurs where the birds habitually congregate. The removal of the excrement is an additional cost of maintenance'. Odors may be produced by droppings, feathers, and nesting materials. Flies may develop in, large numbers in accumulated moist manure that is protected from drying in sheltered roosting and nesting areas. Noise may be produced by these birds; this unwanted sound is obnoxious to some people. 2 > z1: MIT Safety of pedestrians may be endangered by slipping due to the presence of excess bird droppings on walk -ways. A hazard to Aircraft may result from large numbers of pigeons. BIOLOGY [t is important to know the biology of pigeons in order to understand the methods of control. The birds tend to stay together. For roosting, the birds usually prefer larger, higher buildings, although small, low buildings may be selected if close to food. Nests are made of small twigs, pieces of string, paper, and cloth obtained from any source Possible. The nests are built on roofs, ledges large enough to accommodate the nest, openings in buildings, and even drain spouts. Pigeons try to nest as close as possible to a constant food supply. Aipigeon couple may have two nests. Pigeons are monogamous, and eight to twelve days after mating, the female lays one or two eggs. The male cares for and guards the female. The young leave the nest between the age of 4 and 6 weeks. Often, more eggs are laid before these young ever leave the nest. An adult female pigeon can have about 15 surviving young a year. These birds have 3 a life -span up to 15 years. The breeding cycle is almost continuous although the number of young hatching varies somewhat by season. An' adult pigeon consumes about one pound of food per week. Pigeons can live up to a week without food. The pigeons preferred food is mainly whole grains and greens; but the birds will thrive on bread crumbs, pop corn, and miscellaneous food scraps (including in open garbage cans and spilled garbage).* Pigeons may fly several hundred miles during a day, usually returning to the same nesting spot. CONTROL MEASURES It is not possible to eradicate all the pigeons in a city. It is possible to reduce the population to a tolerable level. Methods may be used to reduce the population quickly and directly or slowly and indirectly. Emphasis should be placed on methods which will bring about a long-term maximum population reduction with the least amount of effort and expense. Many different methods have been used to control pigeons. The measures may be divided into two categories: permanent control. and temporary control. These methods will be discussed; legal and other approaches will also be discussed. It should be noted that some of the same conditions .which allow the production of large pigeon 4 populations may allow for the development of a large.rat population. A. Permanent Control 1. Food Control if accomplished correctly, is the most practical control method and less costly than temporary measures. It is a basic means of population control since it deprives the birds of material without which they cannot survive. a. Garbage must be stored in sturdy cans with tight -fitting covers. Garbage must be handled carefully and not be spilled on the ground at any time. Uneaten food for domestic pets and other backyard animals .must be removed after feeding time or protected from pigeonsc Grain mills and animal feed lots attract pigeons; spillage must be controlled and the birds kept out. b. Food purposely provided by the public in parks, backyards or other areas is one of the major sources of sustenance for birds in cities. Discouraging this practice is a difficult but absolutely necessary aspect of pigeon control. The pigeon population will vary directly in proportion to the amount of food available to them. Pigeons can survive very well in the wild away from cities without humans feeding them. c. Food control at nature centers, parks, and zoos are especially difficult. The amount of food put out for animals at zoos must be strictly rationed and protected. Some structures may need to be pigeon -proofed. 2. Exclusion is the modification of building or other structures in such a way that the birds cannot enter, roost, or nest in or on them. It may be divided into interior and exterior exclusion. a. Interior exclusion involves blocking or modifying access to indoor roosting, feeding, and nesting places. Openings may be blocked with wood, metal, glass, masonry, or hardware cloth. The last material is used when ventilation is involved. Pigeons are excluded by 1 1/2" mesh and rats by 1/2" mesh hardware. cloth. Seventeen gauge, galvanized material is preferred. Materials should be installed in a manner that results in no outside ledges or projections being provided for birds to roost. b. Exterior exclusion is the removal, blocking, or modifying of all surfaces so' that pigeons cannot .nest or roost upon them. Where ledges are not wide (6" or less) light metal, such as sheet aluminum, can be installed at a 45 degree angle to present a slope on which the bird cannot rest or nest. Hardware cloth can also be used. End sections of this flashing must be closed in order to keep birds out. Projecting signs, decorations, and off -set edges should be removed whenever possible. If removal is not possible, boxing in exposed areas or complete remodeling may be needed. Old sheds, abandoned buildings, junk piles, and the like should be removed. In some instances, "porcupine 6 r r :.'.,... .....t .. .. ;. tYV}S }GK q J tkh g�;'�� kst wires" may be used. These are flexible, rust -proof bars or strips bn which about 120 needles per linear foot are set in the form of half -circles. The strips come with fasteners designed for a particular surface. The strips may be attached to most types of surfaces. A similar device uses looped "wickets". These devices are effective, especially in limited areas, such as a ledge over a doorway; they have been used on ledges, ornaments, signs, dormers, and roof gutters. Installation can be expensive and difficult. There are many commercially available pigeon exclusion systems, as well as companies that specialize in bird exclusion. Pigeons may build a nest on "porcupine wire" by building up a basic protective layer of sticks and straw. Falling leaves may nullify the effectiveness of the strips. Exclusion gives permanent control providing (1) installation was done properly, (2) unprotected doors, and windows are not left open, (3) and repairs and new construction maintain the exclusion integrity of the structure. Routine inspection and prompt repair are essential to effective pigeon exclusion system. Provisions should be made for effective pigeon exclusion in new construction and buildings undergoing remodeling. Z rti , �'i55'� � !r .. ....•,,..l.�lxw3.aG�i.poi:.�.c.:.,..,:,..+..,.�..:.,. »... ....,... .. S�� r k a S B. Temporary Control should only be used to supplement permanent control measures. Temporary methods are less effective and when used on a large scale are costly. Several types may be used at a time. The use of some of these methods may cause an adverse public reaction. Some of these methods merely make the birds relocate. 1. Frightening Agents: There are two types: Physical and Chemical Physical agents such as whirling strips and spirals of bright cloth or metal are occasionally effective but usually have little effect. Simulated owls or other predators give similar results. High frequency sound (ultrasonic sound inaudible to humans) has no effect on pigeons. • The Chemical agent 4 -Amino pyridine, marketed as Avitrol (trademark), is classified as a frightening agent since upon ingestion by birds, it creates distress behavior in the birds and frightens other birds away. It is a Restricted Use Pesticide and therefore can only be used by a certified applicator. If not used properly it can cause, high mortality. in the birds. The proper blend of the chemical and whole corn attractant can result in very low bird mortality. 2. Repellents and deterrents have been used to keep birds from staying in one spot. Some repel because of an irritating factor and others because of adhesiveness. Physically these are semi- solids (jelly entanglements, adhesives) or liquids (sprays). Entanglements may be applied relatively easy to smooth, regular, easily accessible spots. These materials may be applied by means of caulking guns to favorite roosting spots. Two or three bands must be applied to ledges and all space used by birds must be treated. Numerous small bands of material are more effective than one wide band. Entanglements have to be checked and renewed regularly. Sprays may be used on flat areas; strips totaling 25 - 30% of the area are needed.. Trees may be sprayed with a water-based spray. These chemicals are available from wholesale suppliers only and may be applied by pest control firms. Naphthalene flakes are registered as a repellent. .They may be applied in enclosed areas such as attics or between walls. However, avoid breathing of the vapor which is toxic (Always follow product label instructions). 3. Electric shocking equipment in the form of fencing, may be used; the low voltage gives a mild shock. This is an effective device, expensive, but long-lived if installed and maintained properly. 4. Trapping is a measure ' that can be effective if carried out with persistence, but, it is slow and tedious. Traps should be placed in areas where birds feed and will not be molested. The traps should be well supplied with feed of the type the birds are already eating. A good bait is one made of one part wheat and five parts cracked corn. Corn has been. found to be an excellent bait also. A little bait is scattered outside the trap to act as an attractant. Drinking water should be put in the trap. Trapped birds should be removed at least twice a week and -&-puwcu of in a humane manner. 5. Removal and Destruction of nests and eggs is useful in reducing the pigeon population. Nests need to be removed every two weeks. Treatment may be required for bird mite populations. 6. Chemosterilants: Feeding female birds corn treated with diazacholestenol dihydrochloride, marketed. as Ornitrol (trademark), results in temporary sterilization by interfering with embryo formation in the egg. A ten day feeding interval will inhibit fertility .for about six months. Two feedings per year are recommended. It must be done by a certified applicator. If done properly the birds are not harmed, if done improperly death can occur. 7. Poisoning or Shooting is not recommended and is illegal in most cities. LEGAL RESTRICTIONS Ordinances controlling feeding of wild pigeons can be useful in alleviating the pigeon nuisance problems. Such ordinances might not contain an outright prohibition of feeding wild pigeons, but may provide for their being fed at .certain designated, limited locations. If this restricted feeding is allowed, then clean-up at regular, specified intervals must be included in order not to provide food for rats and mice. Provision for reduction of nesting, roosting space/areas and 10 hy. �i 4i -A, z¢ preventive exclusion in new construction, as well as buildings being remodeled must be included. Some cities have laws forbidding the keeping of farm animals within municipal boundaries. The laws may also restrict the keeping of .pigeons, although' homing and racing pigeons may be allowed. Theordinance might be based instead on a Prohibition against pigeons flying at large, except banded pigeons (which may fly only under specific conditions), with provisions for the pigeons at t large to 6e taken up and impounded. r EDUCATION OF PUBLIC The public must be informed of the need for pigeon control. Emphasis should be on the reduction of feeding of wild pigeons. SUMMARY Good pigeon control depends upon good food control and firm and persistent activities in eliminating nesting and roosting places. Both food and nest control are related to the state of general sanitation in a community. General sanitation must be good and must be kept that way in order to 11 NEW achieve positive results. In a city of any size, it is impossible for all the official agencies that to upon the general sanitary condition' of . the com- munity to exercise complete day-to-day control of the environment so that no food and nesting materials are available to pigeons. In view of the fact that pigeons are general feeders, nest in many kinds of situations, and are very prolific, it is evident that a good pigeon reduction program must include every activity listed in .the "permanent control' section. Food control measures and exclusion of the birds, combined with such temporary, secondary means of reduction as nest elimination and trapping as needed may be necessary. Since voluntary compliance may be difficult to attain in this sort of activity, and most of the birds appear to be ownerless, legislation may be needed to help accomplish the needed reduction in the pigeon population. A Alameda County Vector Control Services District .1131 Harbor Bay Parkway suite 166 . Alameda, CA 94502 t 510-567-6800 i G', g c� ACVCSD Rev. 04/13/2001 Pitchwricott/Vaison M Entrez PubMed Page. 1 of 2 A se�►ice ofth�e I+taiicmal. Iatr�r of A�i?ciae Pubimedani ffmI areal fists of ith My NCBI Sin In . Re is• www.pubmad.gov Entrez NCBItToolbar Note: Performing your original search, pigeons mites, in PubMed will retrieve 33 citations. Text Version Display [Abstract show 20 Sort by Send to Entrez PubMed Overview All:1 Review.0 Help I FAQ Tutorials E -Utilities worthy 1: Arc ern, Med. 1987 Dec; 147(12):2185-7. Related Articles, !_inks PubMed Services Nosocomial dermatitis and pruritus caused by pigeon mite Journals Database infestation. McSH Database Single Citation Matcher Batch Citation Matcher Regan AM. Metersky ML, Craven DE. Clinical Queries Special Queries Unkout . Department of Nursing, Boston City Hospital MA 02118. My NCBI • We report an outbreak of pigeon mite infestation involving two patients, two Related Resources nurses, and one physician on a medical ward in a municipal hospital. The Order Documents NLM Mobile index patient developed a diffuse� pruritic erythematous maculopapular rash NLM Catalog on his trunk and extremities. Dermanyssus gallinae, a nonburrowing, blood- NLM Gateway sucking avian mite was identified on the patient and his bedding. A second TOXNET Health Patient who complained of scalp Pruritus had mites present on.her pillowConsumer Clinical Alerts and bed linen. The intern taking care of both patients, and two nurses who ClinicalTrials.gov had contact with these patients, had mite infestation. Pigeons roosting on the PubMed Central air conditioners and near the doors connecting the patients' rooms to a sunporch were the source of the mites. The outbreak abated after control measures were instituted that prevented pigeons from roosting on the porch. This outbreak illustrates an unusual cause of nosocomial pruritic dermatitis that may be misdiagnosed as scabies or pediculosis. Physicians and health care personnel working in metropolitan areas are alerted to mites as a cause of pruritic dermatitis that may be chronic, recurrent, or unresponsive to ectoparasiticides. Publication Types: . Case Reports PMID: 3689070 [PubMed - indexed for MEDLINE] Abstract 20 Sort b Send to • Display_...•._..�,...___.,...._..._.M ...._..., Show ._._. _.__....._ y ,...,.....� .._' _13 http://www.nebi.nlm.nih.gov/entreztquery.fcgi?cmd=Retrieve&db=PubMed&list uids=36... 2/15/2006 Entrez PubMed Page 2 of 2 Write to the Help Desk NCBI I NLM I Nib Department of Health & Human Services • Privacy Statement I Freedom of Information Act I Disclaimer Feb 13 2006 12:53:38 T http://www.ncbi.nlm.nih.gov/entreztquery.fcgi?cmd=Retrieve&db=PubMed&list uids=36... 2/15/2006 Agenda Memo • February 21, 2006 Regular City Council Meeting NEW BUSINESS A. CARRIER / HOMING PIGEON LICENSE FOR DAHN DAO ACTION TO BE CONSIDERED: To approve (or deny) License for Carrier / Homing / Racing Pigeon License Dahn Dao at 3880 Princeton Trail. ,D� FACTS: k1D • The Eagan City Code Section 10.12 provides conditions under which a license for the keeping of pigeons can be issued. The City Attorney has advised that licensing is a ministerial function of a City and, provided that an applicant meets the conditions in the City Code for such a license, discretion to deny the license is limited. Licenses are to be issued on an annual basis. • Through a citizen complaint, staff learned that pigeons were being housed at 3880 Princeton Trail. A letter was sent to the property owner explaining the licensing requirements., toto it - $ -05 • • Kathleen Gilbertson, Animal Control Officer, visited the property and determined . that Mr. Dao has pedigree papers for homing/carrier pigeons. She also concluded that the coop present on the property met animal control's minimum requirement for bird housing. After site inspections were conducted by Mary Granley, Code Enforcement Officer, it was determined that the construction of the coop could not be defined as being "kept in good repair" as required by Section 10. 12, Subdivision 7 of the City Code. In addition, the coop did not meet the Property Maintenance Code requirements addressed in Section 10.53, Subd. lA of the City Code. A list of corrections that needed to be made to the coop -was provided to the property owner. A completely new coop has been constructed on the ?yam 101 1,24-06 property. • On February 15, Code Enforcement Officer Granley conducted an inspection of the new pigeon coop. She concluded that it conforms to the property maintenance requirements of the code and that the non -conforming coop has been removed from the site. Qom IcA 9-9-D6 + • On February 14, Animal Control Officer Gilbertson contacted the property owners and advised them of the need for all birds that are to be kept to have proper registrations and banding at the time of an inspection to be performed on February 17. • The property owner did not keep the appointment for the inspection on the 17th and, as a consequence, Animal Control Officer Gilbertson cannot verify that the birds are properly registered. • • Staff is requesting direction as to whether to permit the homeowners additional time to meet .the conditions of license or to set a compliance deadline for removal of the birds from the property. While the new structure may conform to code requirements, complaints have been received from neighboring property owners. about the keeping of pigeons generally in a residential area and a petition was submitted opposing the pigeon license. • Staff contacted Dakota County Environmental Health Specialist Bev Schomburg regarding health concerns raised by the neighboring property owners. Ms. Schomburg stated that the County has no specific requirements. regarding the keeping of pigeons. She explained that should a roosting area be located near an air intake leading to an occupied space, occupants with respiratory sensitivities could have a problem. She further stated that given the distance from the coop to inhabited spaces, she was satisfied that there most likely would not be a health- related problem. • When this item was continued at the City Council meeting on February 7, Councilmembers asked staff to ask the petitioners to clarify the specific. concerns they have regarding the facility and its operation on the property. Staff contacted Mr. Reuter as a spokesperson for the neighborhood and were told that Mr. Reuter and/or other neighbors would be submitting documents specific to their concerns. This documentation is being included as attachments as well as a staff memo outlining the concerns. • In addition to the registration, banding and structure requirements, the City Code also lays out a series of requirements for management of the birds by the owner. If a license is granted, it will be necessary for Mr. Dao to comply with those requirements for the term of the license. ATTACHMENTS: • A copy of the application for a carrier / homing / racing pigeon license is attached as pages /O through LOPI - • A copy of.section of the City Cod 3ertaining to carrier pigeon licensing is enclosed on pages _/P3 through • Correspondence between staff and the applicant is attached as pages through • Correspondence with Lawrence Reuter regarding health concerns is attached as pages / / through , along with a petition from area residents. • A staff memo, dated February 2, addressing issues raised in Mr. Reuter's correspondence is attached as pages through �L. • A memo from the City Attorney is attached as page PRA- • An additional staff memo, dated February 16, outlining issues raised from neighboring property owners (the Heffeles, Reuters and Neumanns) is attached as pages - • The most recent correspondence from the Heffeles, Reuters and Neumanns, is attached without page number (see material at the end ofpacket). • • Pictures of the original structure, new structure and current property conditions are attached without page number. CITY OF EAGAN CARRIER HOMING / RACING PIGEON LI ENSE APPLICATION 3830 Pilot Knob Road License Fee: $50 Eagan, MN 55122 Renewal Fee: $50 651-675-5000 Name of Applicant N n � 1 Q Street Address g`b$D t 1 n Ct bb Trcu City, State, Zip S5 Telephone Number Location of structures where pigeons are to be housed, if different from above address: Legal Description of property: Name of Owner of Property (if different from applicant) I Address:j� Number of pigeons. to be kept and harbored on the premises: Verification of identification marks stamped on each pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band. rklt, p ; a• - ",arks .Y fb j4h 1+ A M u A sketch plan of the premises on which pigeons are to be kept, including the location, dimensions and design of the loft must be provided with this application form and comply with. specifications outlined in the City Code, Chapter 10.12. License must be renewed annually. ..........� Y2 C.aOtA, j3 eLlc lc PUBLIC PROTECTION, CRIMES AND OFFENSES § 10 laboratory for scientific or experimental purposes, or (5) animal ske tin as hospital or • clinic for treatment by a licensed veterinarian, or (6) animals kept in a pe op licensed under the City Code, or (7) as otherwise provided in this section. Subd. 2(a). Kennels.. It is unlawful for any person to keep arbor a total of four or more dogs, cats, ferrets, or rabbits, or a combination thereof, r six months of age, without first obt�,'nirg a kennel license from the city as regula Chapter 6 of this Code. Sub& 3. Animals in transit. It is unlawful fo any person to transport animals unless they are (1) confined within a vehicle, cage oro means of conveyance, or (2) farm animals being transported in a portion of the city zon agricultural, or (3) restrained by means of bridles, halters, ropes or other means of in ' dual restraint. Sub& 4.. T l"eatment. It is wful for any person to treat any animal,as herein defined, or any other animal in a cru or inhumane manner. Sub& 5. Housing. is unlawful for any person to keep any animal, as herein defined, or any other animal ' any structure infested by rodents, vermin, flies or insects or inadequate for protection t the elements. Subd. . Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon y grass, turf, boulevard, city park, cemetery, garden or lot without specific permission efor from- the owner. Sub& 7. Harboring carrier pigeons. • A. Definitions. As used in this subdivision, the following definitions shall apply. 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food -or•for-similartommercial-purposes— -- -- — S. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain., possess, or otherwise control any carrier pigeon without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal • Supp. No. 9 CD10:18.1 /03 -�q ¢ 10.12 EAGAN CODE control officer inspects the premises and lofts thereof. All applications for permit renewal shall be Sled within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following- 1. ollowing1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premis-s on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; 4. Verification of identification marks stamped on each carrier pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stampedon the band; S. A sketch plan: of the premises on which carrier .pigeons are sought to be kept, including the location, dimensions and design of the loft; and 6. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is` incomplete and contains false, fraudulent or deceptive state - meats. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem.- necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and loft(s) thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control- officer or any other city official to determine compliance with this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. D-ansferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and Supp. No. 9 CD10:18.2 V . /L 00 PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.13 • shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the ori nal application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. S. Specifications. The construction and location of the loft shall be in compliance with the building and zoning regulations of the city and the following require - meats: (a) No more than two lofts, of which each shall not be greater in size than 24 feet x 12 feet x 14 feet shall be on the premises. (b) No more than 100 pigeons over three months of age shall be kept or harbored on the premises for which the permit applies. (c) No loft shall be within 25 feet of any inhabited dwelling. -(d) Each loft shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all pigeon waste weekly or more often as required to keep the loft is a sanitary and odor -free condition. (e) Each loft shall have at least two square feet of floor space for each mature carrier pigeon kept therein. (f) All carrier pigeons shall be. fed within the confines of the loft, and all feed for the carrier pigeons shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) All pigeons shall be confined to the loft, except for limited.periods necessary for exercise, trailing and competition; provided no carrierpigeon shall be released for flying within eight hours of its feeding: (lr) No . pigeon shall perch or linger on the br'1dings or property of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this subdivision shall constitute grounds for revocation of a (Code 1983, § 10.12, eff 1-1-83; Ord. No. 149, 2nd series, eff.10-30-92; Ord. No. 270, 2nd series, eff. 12-24-98; Ord. No. 307, 2nd series, § 1, eff. 9-20-01) Cross references—Kennels, § 6.38; pet shops, § 6.43. Sec. 10.13. Trapping prohibited exceptions. Sub& 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. 7)-ap means any device, snare, artificial light, net,. bird line, ferret, hawk, vehicle or contrivance whatever used to catch, snare, kill, or otherwise restrain the free movement of animals or birds. B. D-apping means the act of setting, laying or possession with intent to set or lay a trap. • Supp. N0.12 CD10:18.3 1 *41 city of aagan PAT GEAGAN Mayor November 8, 2005 PEGGY CARLSON CYNDEE FIELDS Mr, Yem Nguyen MIKE MAGUIRE 3880 Princeton Trail MEG TILLEY Eagan, MN 55123 Council Members RE: APPLICATION FOR LICENSE TO HARBOR PIGEONS THOMAS HEDGES Dear Mr. Nguyen: City Administrator It is my understanding that you currently have pigeons caged on your property. The City of Eagan requires a license for the harboring of carrier / homing / racing pigeons. Enclosed please find an application form along with a copy of Section 10.12 of the City Code which outlines the Mwmicipal Center. 3830 Pilot Knob Road specifications for the structure where the pigeons are to be kept. Eagan, MN 55122-1897 Please complete the application form and return to me along with a check in Phone: 651.675.5000 the•amount of $50. City staff will review your application and issue your license once all requirements have been met. Should you have any questions, Fax: 651:675.5012 please do not hesitate to contact me at 651-675-5013. TDD: ,651.454.8535 Sincerely, Maintenance Facility: 41, 10� I 0 3501 Coachman Point Mira Pepper Eagan, MN 55122 Administrative Secretary Phone: 651.675.5300 Far. 651.675.5360 TDD: 651.454.8535 www.city0finm.com • THE LONE OAK TREE The symbol of strength and growth in our community • December 16, 2005 Mr. Dahn V. Dao 3880 Princeton Trail Eagan; MN 55123 RE: 3880 Princeton Trail, Pigeon Permit Application and Pigeon Coop Dear Mr. Dao: The City of Eagan continually monitors health, safety, and aesthetic standards by enforcing land use requirements set by City Code. This letter is sent to you to notify you of the conditions of the pigeon coop which require correction prior to the City Council further considering your pigeon permit application. The permit application is scheduled to be heard by the City Council on January 17, 2006. After initial consideration of your permit request, it was concluded the coop may meet animal control's minimum requirement -for bird housing, but the construction cannot be defined as being kept in good repair as required by Sec. 10.12 Subd. 7 Harboring carrier pigeons. In addition, the. coop does not meet the- Property Maintenance Code requirements addressed in City Code Section 10.53 Subd. 1. A. with regard to the following subsections, and the following corrections must be• made: Sec. 10.53 PM 2 -Exterior Surfaces - Exterior surface condition; all siding, screening, etc. may not have deterioration, holes, breaks, gaps or loose siding or screening.. Screened loft area must be securely attached to and supported by the base exterior walls and support brackets. Shelf brackets and white wire shelving are not exterior grade materials, and therefore must be protected from the weather. The screened loft area must be kept in sound and good repair, free of hazardous conditions, anchored to the site and capable of supporting the imposed loads. The screened loft must be attached well enough to support 35 lbs. per square foot of snow load. Rope and wire do not provide a sound connection for the'building materials to attach to the structure. Ladders must be removed from the perimeter of the structure when not in use, and stored within the garage. Sec. 10.53 PM 7 -Roofs & Drainage Condition Roof structure condition; roofing must be maintained in good repair and attached securely to exterior walls and to the screened loft area. Siding should not be used as roofing material. The City requires that corrective action be taken to assure the pigeon coop is complying with the above requirements. These corrections would need to be made by Friday, January 6, 2006 in order for the City Council to consider your application at the January 17, 2006 City Council meeting. Please contact me as soon as you are satisfied you are meeting all of the above requirements; and the coop will be inspected for compliance. However it is important for you to know, Mr. Dao, it liar been our experience that when there are numerous construction corrections required to have a structure be compliant, such as in this case, • it may be easier for you to attain compliance by tearing down the structure and starting over. A-17 93 Enclosed for your use is a handout outlining basic construction methods and materials for typical pigeon. lofts. This information was obtained from the web for you as a courtesy only, and is not meant to be a set of requirements established by the City. Thank you, Mr. Dao, for your application and for your patience while your application is under consideration. We appreciate the extra work on your part that may be necessary to assure the coop will meet all health, safety, and structure maintenance and appearance regulations, and we look forward to your cooperation in complying with this request. Please contact me at 651-675- 5690 should you have any questions regarding this request, and when you are ready to have the coop reinspected. Sincerely, Mary G. Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector • Dale Schoeppner, Chief Building Official Mike Ridley, City Planner February 2, 2006 Mr. Dahn V. Dao 3880 Princeton Trail Eagan; MN 55123 RE: 3880 Princeton Trail, Pigeon License Application and Pigeon Coop Dear Mr. Dao: The City of Eagan conducted a final inspection of your new pigeon coop on February 2, 2006. The new coop meets the minimum requirements necessary to apply for a pigeon license. You may now remove the pigeons from the old coop and house them in the new coop. Thank you for complying with the City's request. Please dismantle and dispose of the old coop.that does not meet the code requirements. The old coop must be removed for your property to be compliant with City Code.. Please contact me at 651-675-5690 when the coop has been dismantled and removed from the property. We will do a final inspection of your property on Monday, February 6, 2006, and report to the City Council on the status of your property, and if the old coop has been removed your license request will then • be sent to the City Council for their review and consideration. Thank you, Mr. Dao, for your hard work constructing the new coop so quickly. We appreciate your effort and hard work. Again, please contact me when the old coop has been dismantled and removed from your property, and we will conduct the property inspection on February 6, 2006. Sincerely, Mary Granley Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector Dale Schoeppner, Chief Building Official Mike Ridley, City Planner January 23, 2006 Lawrence Reuter 3886.Princeton Trail Eagan, MN 55123 RE: Our phone conversation of January 20, 2006 Dear Lary, Thank you for contacting me with your questions concerning the pigeon license application procedure. You were concerned with possible health code issues regarding the keeping of pigeons in residential areas. As we discussed, I spoke. with Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within this residential area. Bev stated they have no specific requirements regarding the keeping of pigeons. She further explained that pigeon feces can breed harmful bacteria, but the roosting area • would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them. She was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. I gave Bev the distance information of the coop to inhabited spaces, and she was satisfied there most likely would not be a health-related problem because of the coop as it is not near any air intake mechanical equipment whatsoever. Should you have further questions relating specifically to environmental health, you may contact Bev at 952-891-7552. Again, thank you for contacting me concerning this matter. If you have further comments or questions pertaining to this pigeon license application, you can contact me at 651-675-5690. Sincerely, Mary Crranley Senior Code Enforcement Technician Cc: Bev Schomburg, Dakota County Environmental Health January 30, 2006 Mr. Michael Ridley Eagan City Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 In Re: Application for Pigeon License at 3880 Princeton 'frail Dear Mr. Ridley: I am writing to you at the suggestion of Mary Granley regarding my objection to the above Application by the resident of 3880 Princeton Trail, Danh Dao to harbor -pigeons on his property. In reviewing his application, it appears that Mr. Dao did not provide the legal description of his property. You are probably aware that Princeton Trail is part of a development in Eagan known as Lexington Square. I would like to address the City when • hen this Application will be considered. Please confirm for me the date, time and location of when this review will occur so that I may attend. Please send me any guidelines available for citizens to address the council under these circumstances. I have enclosed for your review and for distribution to the City Council for consideration, the following items: A copy of a Petition signed by thirty residents of Lexington Square. 2. " Four sets of photographs, of the pigeon coops currently standing in Mr. Dao's backyard. 3. IPM for Pigeons in Schools, Bio4ntegral Resource Center, Page 343 summary of pigeon nuisance and hazard concerns. 4. Page 1 of 4 American Racing Pigeon Union, Biosecurity for Pigeon Lofts. 5. Pages 1-8: "What Avian Diseases Can be Transmitted to Humans", by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather, World Budgerigar Organization. • I would appreciate receiving from you a copy of our background investigation and any comments or considerations that the Council will receive regarding this application. Thank you for your assistance herein. Very trul ;� rs, ,Lawrence G. Reuter 3886 Princeton Trail Eagan, MN 55123 651-637-0450 (work) 651-681-0644 Cc: Mary Granley (w/enclosures) ��a 88 All About Bird Diseases and Humans Page 1 of 9 Birds Dogs Cats Horses Small & Exotic Pets • All About Bird Diseases What Avian Diseases Can Be Transmitted to Humans? and Humans Avian Diseases Transmissible to Humans 1 By Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather2 Bird -keepers (pet bird owners and poultry producers) should be aware that some avian diseases can be transmitted to humans. It is important to note, however, that such diseases are uncommon enough that they should not discourage bird -keeping. For most people avian diseases do not pose a serious threat, but bird -keepers should be aware of thein and seek medical assistance if necessary. Zoonoses refer to infectious animal diseases that are communicable to humans. The infectious agents can be protozoal, • fungal, bacterial, chlamydial or viral. Individual susceptibility and the seriousness of these various microbial infections varies with age, health status, immune status (immunodeficient or immunosuppressed), and whether early therapeutic intervention is sought. The ability of a microorganism to make a person sick varies with the virulence of the organism, the dose to which the person is exposed, as well as route of infection. Chlamydiosis, salmonellosis, arizonosis, and colibacillosis are -the most common of these infections. Chlamydiosis, salmonellosis, eastern equine encephalitis and avian tuberculosis may be serious and even life- threatening. Chlamydiosis Chlamydia psittaci , an unusual bacteria -like organism, occurs worldwide and affects more than 100 avian species. It causes a disease called psittacosis or parrot fever when it occurs in psittacine birds (curve -beaked, like parrots, parakeets, etc.)and the disease is called ornithosis when diagnosed in all other birds or in humans. In the U.S., chlamydiosis is a major problem with turkeys, pigeons, and psittacines. In Europe, the main avian species affected are ducks and geese. Some birds (turkeys) are extremely • susceptible to chlamydiosis, while others (chickens) are more resistant. . gq htty://petcaretips.net/bird-disease-transmit-human.html 1/23 /2006 All About Bird Diseases and Humans Page 2 of 9 Ads by G000000gie Chlamydiosis is primarily transmitted by inhalation of contaminated fecal dust and is spread by carrier birds, which act • as the main reservoirs for the disease. The organism is excreted Bird Flu in both the feces acid nasal secretions. Shedding is sporadic and PrQicti..on Kits Protection Products is usually induced by stress. A carrier state can persist for You Need Prices years. The organism survives drying, which facilitates oral You Can Afford spread and allows transmission on contaminated clothing and P g wwwr.birdtiuftee.com equipment. Chlamydiosis can be transmitted bird to bird, feces to bird, and bird to human. Human to human transmission can occur, mainly by exposure to patient's saliva. 1t21'ectus Chlamydiosis is an occupational hazard for persons working with P_Wgm-el s_.ama psittacines (parrots, parakeets, etc.) and pigeons, or for people Major Cause of working in turkey slaughter plants and avian diagnostic Death Worldwide.. laboratories. Le am More - You Can Helpl The incubation period for chlamydiosis is 4-15 days, although 10 giobalhealth.org days is most common. In affected birds,. diarrhea, coughing, and ocular and nasal discharges are. common signs. There may be a high mortality' rate. if the disease is unrecognized or untreated. With Nano Mask turkeys there is a drop in egg production. In humans, Nanotechnology chlamydiosis manifests itself as a feverish respiratory disease. enhanced filter There is usually a sudden onset with chills, muscle and joint media. Free pains, headache, cough, loss of appetite, and chest pains. Shippingl Complications may result from an enlarged spleen, inflammation of wwwv.gotpoliution.com the heart muscle, and a reduced heart rate. • Affected birds must be treated with chlortetracycline or other similar broad-spectrum antibiotics for up to,45 days to clear the PiRase infection. Pigeons and turkeys may require long- term flock therapy to eliminate carriers. Free Tips & Info Disease Prevention Affected humans are treated with tetracycline for at least 21 Live Long, Be Strong, Live Well days. Because this antibiotic may become irreversibly bound to HeatthMBA.eom certain minerals, the calcium content of food needs to be kept low during treatment. Advertise on this site In Florida, chlamydiosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Chlamydia psittaci . If a person is suspected of having ornithosis, the county public health office must be notified within 48 hours. Salmonellosis There are approximately 200 different serotypes of Salmonella species. Most animals are susceptible to salmonella infection. This bacterial disease occurs most frequently in stressed individuals. Many infections are subclinical. Common clinical symptoms in all species include diarrhea, vomiting, and a low-grade fever. Infections -can progress to dehydration, . weakness, and sometimes, especially in the very young or very old, death. In severe cases there can be a high fever, septicemia (blood poisoning), headaches, and an enlarged painful spleen. Focal infections may occur in any organ, including heart, kidney, http://petcaretaps.net/b>.rd-disease-transmit hum an.htnil 1/23/2006 All About Bird Diseases and Humans Page 3 of 9 joints, meninges (membrancs which surround and protect the brain and spinal cord), and the periosteum (fibrous membrane of connective tissue which closely surrounds all bones except at the • joints). The incubation period is 6-72 hours, although 12-36 hours is most common. Salmonella are transmitted by ingestion of food contaminated by fecal matter (fecal -oral route). Excretion of the bacteria commonly varies from a few days to weeks. In some instances (e.g., S. typhi, typhoid fever) infected persons can shed bacteria for -life. S. enteriditis in avian fecal material is able to penetrate eggshells, and may be present in uncooked eggs. In most cases, treatment of salmonellosis simply involves treatment of the symptoms with fluids and electrolytes. Antibiotics such as chloramphenicol, nitrofurans, or ampicillin are only indicated when the bacteria has localized in areas of the body peripheral to the intestinal tract. In Florida, salmonellosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Salmonella species. If a person is suspected of having salmonellosis, the county public health office must be notified within 48 hours. Colibacillosis . Colibacillosis is caused by Escherichia coli infection. 9. coli is a bacteria which normally inhabits the intestinal tract of all animals. There are a number of different strains, many species-specific. Not all strains are pathogenic. In poultry, E. coli infections may cause septicemia, chronic respiratory disease, synovitis (inflammation of the joints whichcan lead to lameness), pericarditis (inflammation of the sac around the heart), and salpingitis (inflammation of the oviduct). Humans with colibacillosis usually manifest diarrhea which may be complicated by other syndromes depending on the E. coli serotype. These complications may include fever, dysentery, shock, and purpura (multiple small purplish hemorrhages in the skin and mucous membranes). The incubation period is 12 hours to 5 days, although 12-72 hours is most common. Transmission is via the fecal -oral route. Colibacillosis is often food- or water -borne. In most cases, symptomatic treatment (fluids, antidiarrheals) is all that is required. In more severe infections, antibiotics suph as tetracycline and chloramphenicol may be necessary. In Florida, colibacillosis is not a reportable zoonotic disease. Arizona Infections (Arizonosis) Arizona infections are caused by the bacteria Salmonella arizona . S. arizona occurs worldwide. It occurs most frequently in qt p p P htt :// etcareti s.net/bird-disease-transmit-human.html 1/23/2006 All About Bird Diseases and Huinans Page 4 of 9 reptiles and birds, but all animals are probably susceptible. The • young are at greatest risk. In most poultry species S. arizona infection results in reduced egg production and hatchability. Poults and chicks show weakness, anorexia, and shivering. Outbreaks in turkeys, chickens, and canaries. can have up to 60% mortality. In humans, diarrhea is most common. Many infections are subclinical. Septicemia can occur in irninunocompromised individuals. The incubation period is 6-72 hours, although 12-36 hours is most common. Transmission is by the fecal -oral route. There is some transmission through eggs. Infected birds can become long-term intestinal carriers. Numerous antibiotics reduce case fatality, but do not clear intestines of the carrier state. S. arizona is somewhat less hardy. than most salmonella but can survive for months in soil, feed and water. Arizona infection is not a reportable zoonotic disease in Florida. Eastern Equine Encephalitis Eastern equine encephalitis (EEE) is caused by a RNA virus in the genus Alphavirus , family Togaviridae. Outbreaks can occur in commercially raised pheasants, chickens, bobwhite quail, ducks, turkeys, and emus. Abdominal distress and dysentery are the most • obvious signs. EEE is mosquito-bome. The virus circulates in a mosquito -bird cycle in which passerine birds (i.e., song birds such as swallows, starlings, jays, and finches) are the most common reservoir. The mosquitoes become infected and feed on birds, horses, and humans, further spreading the infection. In pheasants, initial infection is mosquito -borne, but additional dissemination occurs by pecking and cannibalism. Most epidemics occur between late August and the first frost. Cases may occur year-round in areas like Florida which have a prolonged mosquito season. EEE usually affects persons Linder 15 or over 50 years of age. In adults there is a sudden onset of high fever, headache, vomiting, and lethargy, progressing rapidly to neck stiffness, convulsions, spasticity, delirium, tremors, stupor and coma. In children, EEE is typically manifested by fever, headaches and vomiting for 1-2 days. After an apparent recovery, encephalitis (inflammation of the brain) is characterized by quick onset and great severity follows. Retardation or other permanent neurologic consequences are common in survivors. EEE is not a reportable zoonotic disease in Florida. Avian Tuberculosis Avian tuberculosis is caused by the bacteria Mycobacterium avium http://petcaxetrps.net/bird disease_ 'transmrt-human.htrril .1/23/2006 All About Bird Diseases and Humans Page 5 of 9 which is closely related to the human and bovine tuberculosis bacteria. In birds, M. avium causes a chronic debilitating disease with tubercular nodules. In humans, M. avium infections • can cause local wound infections with swelling of regional lymph nodes. The infection is most severe in inununocompromised individuals. M. avium is spread by ingestion of food. or water contaminated by feces from shedder birds. Tuberculous poultry flocks should be depopulated. While most Mycobacterium infections are treatable with antibiotics, M. avium infection is the exception. M.. avium is highly resistant to antibiotics. Surgical excision and lymph node removal are often necessary to eliminate infection. In Florida, avian tuberculosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Mycobacterium avium . If a person is suspected of having tuberculosis, the county public health office must be notified within 48 hours. Histoplasmosis Certain fungi prefer to grow in soils enriched with avian manures. Histoplasma capsulatum is one of these. The fungus is also associated with construction sites and caves. Birds are not susceptible to infection, but histoplasmosis can affect humans, dogs, cats, cattle, sheep, horses, and many wild mammals. • The incubation period is 7-14 days. Most cases in humans are asymptomatic. Disease may be manifested in three forms: acute pulmonary (most common), chronic cavitary pulmonary, and disseminated. The acute pulmonary form is influenza -like and lasts up to several weeks. It is characterized by chills, chest pain, nonproductive cough, fever, and malaise. The chronic form occurs in people over 40 and resembles tuberculosis. It is characterized by a productive cough, pus-like sputum (material expelled from the respiratory passages), weight loss, and shortness of breath. The dissen-dnated form occurs in the very young or the elderly. Lesions include enlarged spleen and liver, and mucosal ulceration. The disseminated form of histoplasmosis can be fatal if not treated. Amphotericin B has been used to treat histoplasmosis. - Transmission occurs by inhalation of spores produced by growth of the mold. Histoplasmosis is not a communicable disease. The reservoir is the soil, especially when enriched with droppings from birds or bats. Wet the area and wear a face mask or respirator when working in suspect surroundings. Spraying the soil with a formaldehyde solution has been used to kill the fungi. Although this disease is avian -associated, it is not a zoonotic disease, because the reservoir is soil and not the birds. This is, however, of little consequence to the unfortunates who become infected. / / (� littp://petcaretips.net/bird-disease-transmit-human.html disease-transmit-human.html All About Bird Diseases and Humans Page 6 of 9 In Florida, histoplasmosis is a reportable disease. if a person • is suspected of having histoplasmosis, the county public health office must be notified within 48 hours. Cryptococcosis Another fungus that prefers to grow in soils enriched with avian inanures is Cryptococcus neofornians. The incubation period is probably weeks. Infections are seen in many mammals, but occur most frequently in humans, Horses, dogs, and cats. Infections are rare in birds. Transmission of cryptococcosis is usually by inhalation of this yeast -like fungus, althoughit can occasionally occur by ingestion. Humans can pick up cryptococcosis from exposure to old pigeon nests or droppings. In humans, cryptococcosis is manifested as meningitis or meningoencephalitis, and it is usually preceded by pulmonary infection with cough, blood-tinged sputum, fever, and malaise. The course of the disease is usually chronic. There is usually fever, cough, chest pain, and spitting of blood from the respiratory tract, followed by headache, stiff neck and visual disturbances. As with histoplasmosis, this disease is avian -associated, but not a zoonotic disease because the -reservoir is soil and not the birds. Inn Florida, cryptococcosis is not a reportable disease. _. Cryptosporidiosis Cryptosporidiosis is caused by protozoa of the genus Cryptosporidium . There are three -known species, C. baileyi , C. meleagrndis and an unnamed species in quail. Cryptosporidiosis normally causes respiratory problems in chickens and turkeys. It can also cause gastroenteritis and diarrhea.In humans, it causes abdominal pain, nausea, and watery diarrhea lasting 3-4 days. In immunocompromised people, it can cause severe, persistent diarrhea with associated malabsorption of nutrients and weight loss. The incubation period is 3-7 days, and it is spread via the fecal -oral route by ingestion of infective oocysts. In Florida, cryptosporidiosis is a reportable disease. If a person is suspected of having cryptosporidiosis, the county public health office must be notified within 48 hours. Allergic Alveolitis Allergic alveolitis, also known as pigeon breeder's lung, budgerigar dander pneumoconiosis, and a variety of other complex • names, is one of the most significant avian zoonotic diseases. It may occur as an acute, subacute, or chronic problem. Clinical signs are caused by reduced lung capacity due to a 1/23/2006 littp://petcaretips.net/bird-disease-transmit-human.html . `� All About Bird Diseases and Humans Page 7 of 9 hypersensitivity reaction to feathers, dander, or fecal dust. Inflammation of the pulmonary air exchange units (alveoli) is the inciting lesion. The acute form of the disease is usually precipitated by an overwhelming exposure in a previously sensitized individual, such as -that which might occur in cleaning.out a pigeon loft. Symptoms occur within a short time, and include cough, difficult respiration, fever, and chills. If exposure ceases at this point, the symptoms resolve and no treatment is necessary. Cluonic, low-grade exposure is more serious, and symptoms may be mistakenly attributed to a stubborn cold or flu. Affected individuals have a chronic nonproductive cough, exercise intolerance, and weight loss. Permanent lung lesions may develop, including pulmonary fibrosis that reduces gaseous exchange and , .lung capacity. Chronic allergic alveolitis can develop in as little as 2years, but usually takes 10-20 years. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. Exposure to even minute quantities of feathers, dander, or feces may precipitate a recurrence of severe respiratory distress. The severity of the disease can, be reduced by wearing face masks while cleaning cages, cleaning cages daily, bathing pet birds frequently, and installing air purification systems. Conclusions Bird -keepers should be aware that they can contract certain illnesses from their birds. The frequency of disease transmission from birds to humans is low, but the very young, the elderly, and those with compromised immune systems should be cautious. Many of these diseases are transmitted by ingestion of food contaminated by fecal matter. Prevention of most of these diseases, therefore, simply involves proper hygiene and sanitation. Wearing a face mask to avoid inhaling bird dust is also recommended. If you have persistent flu-like symptoms when no one else you know is affected, see a doctor and mention that you raise birds. Such symptoms may be indicative of a disease spread from birds to humans. . Footnotes 1. This document is FACT SHEET PS -23, one of a series of the Dairy and Poultry Sciences Department, Florida Cooperative, Extension Service, Institute of Food and Agricultural Sciences, University of Florida. First printed August 1997. Please visit the FAIRS Website at http://hammock.ifas.ufl.edu. 2. Jacqueline P. Jacob, poultry extension coordinator with Dairy/Poultry Sciences, Jack M. Gaskin, associate professor with Veterinary Medicine -Pathobiology, Henry R Wilson, professor with Dairy/Poultry Sciences, and F. Ben Mather, poultry extension P lnttp://petcaretips.net/bird-disease-transmit-human:html 1/23/2006 q9_ All About Bird Diseases and Humans Page 8 of 9 • specialist with Dairy/Poultry Sciences, Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, 32611. Copyright Information 0 This document is copyrighted by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) for the people of the State of Florida. URIFAS retains all rights under all conventions, but permits free reproduction by. all agents and offices 'of the Cooperative Extension Service and the people of the State of Florida. Permission is granted to others to use these materials in part or in full for educational purposes, provided that full credit is given to the UF/IFAS, citing the publication, its source, and date of publication. Acknowledgement This article by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather is supplied by the World Budgerigar Organisation (www.worldbudgerigar.org), as part of their encouraged exchange of research information, and reprinted with kind permission from American Budgerigar Society Magazine. See Also: fnde_xf AD Bird Care..& BiNieTtia Stuff Ieani-10 � Site Pette_&. Yetuuia's Bird Supplies & Gift..Shop F me i TIPPY-AAlfr d'$. Fun .ret Ngwsletter Abspiutely AdoxaWe. Stuffed Plush Birds Colorful BirdCal_ep-dars Btau�t'fuL irdLo-tters http://petcaretips.net/bird-disease-transmit-human.htmi 1/23/2006 Pigeons not only make themselves a nuisance by their roosting and nesting activity and their noisy behavior, but they also carry and transmit a variety of human and avian diseases. Pigeons and their nests can also harbor a number of ectoparasites tha are known to attack humans. Pigeon droppings deface buildings and statues and their acidity can hasten the deterioration of these structures. Droppings can foul•areas where people walk, sit, or work and in large amounts can kill vegetation and pFoduce flies and objectionable odors. Droppings that accumulate on stairs, fire escapes, or other walking surfaces make these areas slippery and dangerous. Debris from pigeons and their nests can clog gutters, downspouts, and drains. Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the feces dry and particles become airborne. It is rare for health officials to specifically attribute disease outbreaks to flocks of pigeons. The poten- tial for transmission however is real and should be taken seriously when these birds live in close proximity to humans. Diseases spread by pigeons include aspergillosis; candidiasis, cryptococcosis, encephalitis, histoplasmosis, Newcastle disease, ornithosis, salmonellosis, and toxoplasmosis. Biology Typically, the feral pigeon (Columba livia) has a gray body with a whitish rump, two black bars on the secondary wing feathers, •a broad black band on the rail, and red feet. Color variations include brown, rust, mostly white, and blackish. IPM for Pigeons in Schools Adapted from Material by W. Quarles, Bio -Integral Resource Center Pigeons are gregarious birds that flock together in groups of several hundred. They move about, feed, and. fly together. Each feeding flock is associated with a particular food source, but the individuals in a feeding flock may disperse to other flocks that roost and loaf in different areas, some close to the food source and some distant. Roosting, nesting, and loafing (daytime resting) sites tend to be located in high, protected areas, such as building ledges and roofs, drain spouts, steeples, and other architectural details that provide suitable space. Being creatures of habit, pigeons routinely feed, nest, and roost in the sane places. In rural areas pigeons feed on grain and seeds such as corn, wheat, rye, barley, millet, sunflower seeds, and rape seeds. In urban areas, they scavenge for bread, garbage, fruits, greens, and weed seeds. Pigeons occasionally feed on insects and.livestock manure. Like chickens, pigeons need grit in their crop to grind up their food. Pigeons have several broods per year, and some- times lay a new clutch of eggs in the nest before the fledglings are out. Although breeding continues year around, it peaks in spring and summer. Detection and Monitoring A detailed. and accurate survey is necessary before you design a management plan. You will need to consider all the factors that affect the bird problem including public relations and local, state, and federal laws that impact management methods. The survey process may be time consuming and labor intensive, but the effectiveness of your manage - 343 A2I aerican Racing Pigeon Union I Homing Pigeons I Sport Flyers American racing Pigeon Union Page 1 of 3 About The AU Information & Events Promotions & Media Relations Special Interests Lost Bird Info Home . Biosecurity for Pigeon Lofts Say For those who do not understand the term "biosecurity" we would offer the following. In its simplest terms, biosecurity is what you do to stop the spread of disease within and to your loft. On a broader scale, it is a Pllpp^ Radio formal system of stopping the movement of a bacteria or viruses from one animal to another, from one loft to another, or in some cases, from one person to another. Biosecurity measures are not necessarily acrd Releases expensive. Infect, except for the cost of some disinfectant products and, perhaps, for those who want them, disposable smocks, hats and shoe covers, biosecurity costs can be controlled, and they should be wk-Ma�'�iI:k t minimal. In most cases, lofts can be very. cheaply and quickly adapted to implement adequate biosecurity K Factor measures, even if construction of barricades or fences is necessary. Tto Software Vendors ��: Most handlers already apply some form of effective biosecurity measures: La&s 1 . 11111 y 1. Cleaning the fountains twice a day is biosecurity; 2. Cleaning and scraping perches is biosecurity; 3. Spraying the loft for parasites is biosecurity; 4.. Storing feed in rodent proof steel bins is biosecurity; 5. Wearing a hat in the loft is biosecurity; 6. Isolating new stock for at least 14 days is biosecurity; �rchooiProjects .. __ Th5 ese are common biosecurity measures that most of us do everyday, we do it to prevent the spread of os disease. We have just never thought of it in such terms, in the sense of "biosecudy. termsi Sometimes, simply changing the order in which you approach a task provides adequate biosecurity, such as the way you handle your feed bags (if they're stored in the loft). Based on our understanding of the sources and transmission of various disease agents, the following recommendations have been designed to prevent the spread of viruses and bacteria between racing pigeon lofts and the introduction of new infections to susceptible birds. Our recommendations have been _ divided into best and alternate practices so that these recommendations can be adapted to every loft. We have outlined these recommendations based on the three key principles of biosecurity, isolation, traffic control, and sanitation. Isolation refers to the confinement of your birds within a controlled environment. A fence keeps your birds in, but it also keeps. other animals out. 1. Perimeter control. Every flock must be isolated from ALL other birds, especially any kind of chicken. a. BEST PRACTICE: The best way to Isolate a loft is to install complete fencing around the perimeter of the loft will keep other birds out. b. Alternative methods to achieve isolation: If there are no birds in your neighborhood or you have no neighbors, then you already have a buffer zone that establishes isolation. If your neighbor has chickens in an enclosure close to your loft, you might ask him to move it, or move your loft, or better still, move both as far apart as is physically possible. c. Keys to achieving isolation: Gates can help to achieve isolation, sometimes without perimeter fencing. A gate that crosses a driveway is a very effective way to stop vehicle traffic. But, gates must be kept closed in order to be effective. A buffer zone between lofts or flocks must be achieved, whether or not there is good perimeter fencing. Establishing a buffer zone may require negotiation with neighbors to house their birds on a part of their property away from an existing loft or relocation of a loft to another part of a property. Q� 1� �� � ,tfi,•//www ni Penn. org1hiosecuritv.htm 02/03/2006 Lerican Racing Pigeon Union I Homing Pigeons I Sport Flyers 2. Introduction of new birds to your flock. New birds entering a loft can bring unwanted disease agents with them. Page 2of3 a. Quarantine new birds for a minimum of 14 days - this is a must. b. Pre -purchase testing, if economically feasible and -available. • 3. Avoid contact with any other birds, in particular chickens. Other bird species can carry disease agents that pigeon owners do not want in their lofts. The following contacts are listed in descending, order of their importance in disease danger. 1. Live bird markets, auctions, and shows, ii. Dead birds, especially pigeons. iii. Pet or feed stores that sell excess racing pigeon stock. iv. Hunting (any species of bird or animal). a. BEST PRACTICE: Avoid contact with ALL other birds, in particular, chickens. When there is contact, change clothes and shower before returning to your loft. This practice is critical when the most dangerous contacts on the list have been made. b. Alternative practice: Avoid the most dangerous contacts with other birds. After contact with birds owned by trusted hobbyists or friends, change into dedicated protective clothing that will be left in the loft and wash your hands thoroughly with soap and water before returning to your loft. Hand washing is one of the simplest and most effective biosecurity measures available to us. 4. Prepare a plan for self -quarantine. When one member of the club has disease or illness in his loft, he should be prepared to take extra steps to prevent the spread of disease to other members of the club. Those steps should include not moving birds, stopping all non-essential visits, and notification of other lofts that may have been inadvertently exposed. Traffic Control includes both the traffic onto your premises/property and the traffic patterns of both you and visitors on and within your premises/property. Sometimes, simply changing the order in which you approach a task provides adequate biosecurity. 1. Visitor policy. The easiest way to prevent disease spread by visitors is to limit visitors. Visitors can • bring disease agents into your loft. a. Limit visitors to the loft. This is especially critical in times .ofyhigh risk, for example, during breeding and . _. during the active racing series in your area. b. Protective clothing. Visitors to the loft should be required to wear protective clothing, including overshoes or covers that will prevent the tracking of material on shoes. Hand sanitation must be included for visitors because people cannot resist touching your racing pigeons when they visit. c. Signs to stop inadvertent visitors must be posted. A sign should be placed on gates or doors to stop people from accidentally wandering into a loft, and although this is a simple step, a sign can be very effective. Sanitation addresses the disinfection of materials, people and equipment entering your property and your loft and the cleanliness of the personnel on your property and your loft. 1. Vehicle disinfection. Vehicles that have been near other birds can easily cavy disease agents into the vicinity of or directly into the loft. Vehicles used to transport feed from feed supply houses are especially susceptible to contamination and your routine for hauling feed should be carefully reviewed towards the most effective biosecurity measures. a. Keep all vehicle traffic away from the loft through the use of gates and signs. The drivers of vehicles that have to enter the loft should be questioned to make sure they have not been near any birds within 48 hours. Vehicles that'are covered in mud or other gross contamination should be washed before they enter the property or the vicinity of the loft. 2. Equipment disinfection. Equipment that is used and brought into a loft can cavy disease agents if it . has been around other birds. a. Keep equipment that has been around any other birds out of the loft. If equipment must come into the loft and has been around other species of birds, then fully clean and disinfect the equipment before it enters your loft. lo?3ttn://www.niLyeomors/biosecurity.htm 02/03/2006 ierican Racing Pigeon Union I Homing Pigeons I Sport Flyers Page 3 of 3 Biosecurity and racing It may seem that the sport of racing pigeons destroys all attempts to achieve biosecurity in a loft. Several of the things we have said you should avoid, all happen in a race. However, biosecurity can also be • applied to racing to reduce the chances that disease agents are introduced at races. Biosecurity for Birds Returning from Races There are two possible ways to approach racing, both are legitimate and each has its own pro and. cons. Which method is selected, is up to the individual loft owner after a careful consideration of the risks and benefits associated with each approach. The two possible approaches to biosecurity follow: 1. Consider the racing club or combine as a single biosecurity unit. In other words, birds within a club or combine are treated as if they belong to the same loft. So, when you introduce a new bird to your loft if ft came from a loft in your flying club, then it is not considered as an outsider. When birds come in from a race, it can be introduced immediately back into the loft because it has just been. out flying with its loft - mates. a. Pros: This method is .easy to apply because it requires no additional quarantine for birds returning from a race.. b. Cons: Any member of the club can introduce disease into the club and everyone practicing this method of biosecurity will get the disease. 2. Consider all lofts other than your own as sources of disease. All birds returning from a race are quarantined for 14 days before they are re -introduced to the loft. a. Pros: This method puts the owner into control of the fate.of his loft. Overall, it is a safer method. b. Cons: There is a certain amount of extra labor and planning that is required to achieve this type of biosecurity. Biosecurity at Shipping and the Club No matter what biosecurity strategy you choose for your own loft, there are certain common sense things that must be Part of biosecurity on a club basis. 1. The transporter should be clean and sanitary before birds are placed in it. 2. The transporter should not be allowed to come close to any individual loft. The transfer of birds must occur away from individual lofts so that the transporter does not spread disease between lofts. 3. No sick birds should ever be placed in the transporter or brought to the club. 4. Hands should be washed before birds are handled. Birds from one loft can be handled as a group without hand washing or hand sanitation between birds, but hand sanitation must occur before handling the birds from a different loft. Biosecurity on Transporters Transporters must be fully cleaned and disinfected between uses. 1. Removal of all organic material (feces, feathers, mud) from all surfaces including wheel wells, and undercarriage. Although not essential, high pressure, hot water, with detergent works very well for the cleaning process. 2. Disinfection -of all surfaces. There are many disinfectants, which work well to inactivate disease agents but, none of them work well if cleaning is inadequate. 3. Inspection. it is critical that someone take a critical look at the job of cleaning and disinfection that has been done to assure that all organic material has been removed. 4. Completely dry the transporter before use. Drying itself is a good way to kill disease agents and allowing the transporter to dry will ensure its sanitation before it is used again. News I Set Your Clock On -Line Store I AU Guestbook Find A Club National Database I Winspeed Webmasterl opyright 2003 ® American Racing Pigeon Union inc v2 ttn-//www.nigeon..orp-/biosecuritv.htrn < t %T' 02/03/2006 • City of Eagan ME To: Jon Hohenstein, Director of Community Development Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 2, 2006 Subject: Letter and Petition in Opposition to the Pigeon License Application for 3880 Princeton Trail On January 31, 2006 the City received a letter, petition and other documents from Mr. Lawrence Reuter of 3886 Princeton Trail. Mr. Reuter is opposed to the City Council approving the Pigeon License Application scheduled to be heard at the February 7,, 2006 City Council meeting. Copies of the submitted items were given to. Mira Pepper to include in the Council packet. A summary of the contents of Mr. Reuter's submittal is outlined below. Mr Reuter submitted a two-page letter stating his objection to the Wheation, and within • the letter lie indicates the following: 1). Mr. Dao did not provide the legal description of his property on the application. Typically, staff would assist someone with this information should they ask. Mr. Dao's legal description for his property at 3880 Princeton Trail is Lot 2, Block 5, Lexington Square. 2) Mr. Reuter would like to be notified of the City Council date when the license application will be considered. This is currently scheduled for the February 7, 2006 City Council meeting. This schedule will be postponed if Mr. Dao does not move the pigeons from the old, non-compliant coop into the new coop, and if he does not dismantle and remove the old coop from his property. Mr. Dao's property will be inspected on Monday, February 6, 2006 to determine if the old coop has been removed and if so, the. license application can be heard by the council on February 7. Upon verified compliance of Mr. Dao's property, both Mr. Dao and Mr. Reuter will be contacted to let them know they can attend the February 7 City Council meeting. • .42, S�b� 3) Mr. Reuter asked for published guidelines for citizens, if available, outlining addressing the Council under these circumstances. The Eagan City Council -Procedure and Motion Practice on Business Items and the Eagan City Council Meeting Procedures and Public Participation Guidelines were emailed to Mrs. Reuter on February 3, 2006. Mira is faxing Mrs. Reuter a copy of the agenda memo, Council agenda and memo from Mike Dougherty on February 3, 2006. 4) Mr. Reuter asked for a copy of the background investigation regarding this application. Mira Pepper explained there is no background investigation regarding the application. If Mr. Reuter, is asking for information pertaining to a code enforcement case, this information would be protected by the Minnesota Data Practices Act until such time as the case is closed. A visit to City Hall by Mrs. Reuter on February 3 revealed she was actually trying to obtain the agenda memo and Council agenda, and not a true background investigation (the term "background investigation" was given to her by a Burnsville city employee just a difference in terminology used by Eagan versus • Burnsville). Mr. Reuter submitted a copy of a petition, signed by 30 people in the Lexington Square development. A map is attached indicating a circle where Mr. Dao's property is located, and with X's the reported address of those who signed the petition, to indicate proximity to the applicant: Mr. Reuter submitted several sets of 4,photos taken of the property on January 29, 2006. In reviewing these photos, it is important to compare the condition of Mr. Dao's property when the photos were taken on January 29 while the new coop was under construction and the non-compliant coop was still on the property, and the photos that will be taken upon final inspection on Monday; February 6. Mr. Reuter submitted several pages of on-line information downloaded from three web sites. 1) IPM for Pigeons in Schools: Mr. Reuter supplied" one page from an on-line article. The author of this document comments pigeons "make themselves a nuisance by their roosting and nesting activity and their noisy behavior, but they also carry and transmit a variety of • human and avian diseases." He finther states "Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the feces dry and particles become airborne. It is rare for health officials to specifically attribute disease outbreaks to flocks of pigeons." This comment supports the information obtained from Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within residential areas. Ms. Schomburg stated the county "has no specific requirements regarding the keeping of pigeons. Pigeon feces can breed harmful bacteria, but the roosting area would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them." Ms. Schomburg was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. 2) AmericanRacing Pigeon Union; Biosecurity for Pigeon Lofts: A one-page document was submitted by Mr. Reuter. I obtained the complete article online, and include it as an attachment to this memo. The article defines "biosecurity" as "what you do to stop the spread of disease within and to your loft". It indicates, "In most cases, lofts can be very cheaply 0 and quickly adapted to implement adequate biosecurity measure, even if construction of barricades or fences is necessary." This article recommends biosecurity based on three key principles; isolation, traffic control, and sanitation. Isolation: Every flock must be isolated from ALL other birds by complete fencing around the loft and 14 -day quarantine for new pigeons: (Please see article for more details regarding this.) Traffic Control: Visitors must be limited to prevent bringing disease to the birds, as well as protective clothing to prevent tracking of material on shoes. They . advise posting signs to stop people from accidentally wandering into a loft. (Please see the complete article for details regarding this.) Sanitation: Disinfection of materials, people and equipment entering the property and loft, and the cleanliness of the personnel on the property and the loft. This includes vehicles or transporters used near or for the pigeons or other birds, vehicle traffic, and equipment brought into a loft. The article provides 6 steps for effective biosecurity measures, including cleaning fountains twice a day, cleaning perches, spraying the loft for parasites, storing feed in rodent -proof steel bins, wearing a hat in the loft, and isolating new stock for 14 days. • Extra care should be given to birds returning from races, as the sport "destroys all attempts to achieve biosecurity in a loft". Consideration must be given by the owner as to' whether they will treat their birds as a separate biosecurity unit, or as part of the racing club biosecurity unit. 3) All About Bird Diseases and Humans, produced by the Florida Cooperative Extension Service: This eight -page article outlines what avian diseases can be transmitted to humans (called "zoonoses"). It indicates however, "that such diseases are uncommon enough that they should not discourage bird -keeping." The ability of microorganisms to make a human sick varies with the virility of the organism, the dose the person is exposed to and the route of the infection This article outlined types of common and potentially serious infections, and those are noted below. The article concludes by informing bird -keepers that they should be aware they can contract certain illnesses from their birds, and although disease transmission is low, the very young, elderly and those with compromised immune systems should be cautious. DISEASE Who it affects? Method of Transmission? Required to be reported to FL health Chlamydiosis Parrots & parakeets; turkeys; Inhalation of contaminated fecal Yes i eons; humans dust Salmonellosis Most animals are susceptible Ingestion of food contaminated Yes by fecal matter - Collibacillosis (caused by Poultry; humans Food or water -borne; No E. Coli infection. E Coli transmission via the fecal -oral is a bacteria which route normally inhabits the intestinal tract of all animals Arizona Infections Most frequently reptiles and Fecal -oral route; eggs No (Arizonosis) birds; all animals are vrobably susceptible Eastern Equine Commercially raised Mosquitoe-borne; song birds No Encephalitis pheasants, chickens, are the most common reservoir; bobwhite quail, ducks, mosquitoes feed on birds, turkeys and emus. horses and humans, further spreading the disease Avian Tuberculosis Birds; humans Ingestion of food or water Yes; to both contaminated by feces from health and /e2 / CZ4� � . I . '1CG— shedder birds livestock officials Histoplasmosis Humans, dogs, cats, cattle, Fungi that grows in soils No; bird sheep; horses, and wild enriched with bird or bat associated, mammals (birds not droppings; also found in but disease is susceptible) construction sites and caves. obtained from Transmission occurs by soils not inhalation of spores produced birds. by growth of the mold Cryptococcosis Humans, horses, dogs, cats Fungi that grows in soils No; bird and many other mammals; enriched with bird manure. associated, rare in birds Transmission' occurs by but disease is Inhalation of fungus. Can also' through soil occur by ingestion. Humans and not birds. can pick up from exposure to old pigeon nests or droppings. Cryptosporidiosis Chickens, turkeys; humans Fecal -oral route Yes Allergic Alveolitis (a.k.a. Humans Overwhelming exposure in a No "pigeon breeder's lung') , sensitized individual, such .as that which might occur in cleaning out a pigeon loft. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. / CZ4� � . I . '1CG— JISMap Output Page 38?8 5832 3838 3840 3848 3852 3800 3804 3608 3872 3884 3882 38.45 1 3B5t 3810 3841 384 ,3653 K 3859 36x1 Bj87�r 3883 SDBB 3881 1 39Di 39007 3913 39 B City. of EAGAN 3829�•� Legend ti'rah&jMed FeaWrs 1085 1U6t 7089 1057 Munl*slBoundary Condo Paints 3071073 J✓ Sl+eats Sueef Names 38x5 D Noun liuediaes x® x Lakes 3650 3953 Pats 11072IMe Pa�cehi 3982 3889 4 x �,e�.1�5D 36x4 3873 3670 3�-ter 5 3 3917 38D8� 38q Z 3681 3888 3887 3 � 302D 3918 39D4 3903 3912 - 391D 38t8 3821 "J!t 3815 3925 3924 3 3829 3928 3927 11 002 / \"1..._ 3934 - PID:104507502005 3880 PRINCETON TRL EAGAN, MN 551230000 Page 1 of 2 --I .p://gis.logis.org/servlet/com.esri.esrimap.Esrimap?ServiceName=ea LOGISMap_OV&ClientVersion=4... 02/02/2006 TO: THE EAGAN CITY COUNCIL O RE: APPLICATION FOR PIGEON LICENSE AT 3880 PRINCTON TRAIL 1, the undersigned, am opposed to the Application for a pigeon coop and license at 3880 Princeton Trail, and request that the City Council deny this Application. Date Nam Address Telephone .f •- :! y ;� L^^. r,:; ) I L- r•' :�' fidd, 3 �! ,t' �,,r .: r 7L a. � (.c' � y �- yS Z% • 7/S 73 �h<.c'IC"�...L`.l �+� Zi - 2�'- C t':. '.�° it.�, ...� ,� s' /�'//v+ r JV•\l E i .t cL. S'/ -69,9-&L, 3 �o . 19 9 -A q ��, fy � } 1h ,-Z 6 5 iJ YS'6 —� — b � �, t� .0 c�. r.�i.�.h.l ��.s1 r 1'' � � r ' c� s 1 U Slc -•i7 ��� � u;, / - O C,"�1:7"•J +r .' {'• ,E��C�d t/ ..j'I G �� �! Z•4' �..C°C'r �� ! / �•G/ (L)�"ji � rJ' G%— ., . �-; ; 3111✓26-20 1.2 o� — O 7 t , 7 66 `— 1' q3 S� -r cis 3s y -o ,, d 2A0.3 6ibr4•14.t— 06-Igc 'r < (S G-1 L \_ter C CIa', -3 r 4141-11 N. ze-;,� �Z��>2r—' I-If'1[ Ci" 5:s'�� C::rhtr�t '(YL- 1) �3��) �3: �R�.LsI)R, T iUL • • • �.. � 1 � 1 � r .LL �'\.t1....� �'' \ `� \ 6.- A h i t \ r Cl' J f G� L��� \ Ar , �� �[ TtY•� r"• �� l f �L ii.. r �` `fs �+ ril , K it �•C , . L.\�ir ..0 `CSC,_ U, - 'y k r' K T -bio S X-3 10`7 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Jon Hohenstein, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: February 1, 2006 RE: Harboring Carrier Pigeons — Eagan City Code Section 10. 12, Subd. 7, et. seq. Eagan City Code Section 10.12, Subd. 7, contains all of the requirements for the issuance of a carrier pigeon permit. The Eagan City Code requires specifics for the application. Subdivision D of Section 7 provides the basis for granting or denying the issuance of the permit. If the applicant meets the requirements of Subd. 7(D), the permit shall be issued. • Section 10.12, Subd. 7(E) provides conditions of the permit. It also provides that necessary and reasonable additional conditions for the protection of health, safety and general welfare of the City may be added. _ Licensing or permitting is a means of regulation. The power to regulate includes authority to establish standards and requirements. If those standards and requirements are met and if the standards and requirements are reasonable, permitting (as is the case here) is a ministerial function. MGD/i It 13-1 �� qTl'o City of Eapn Ncma � To: Mayor Geagan and Members of the City Council Jon Hohenstein, Community Development Director Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 16, 2006 Subject: Outline of Neighborhood Objections to Approval of the Pigeon . Permit for 3880 Princeton Trail At the February 7, 2006 City Council meeting; the action to consider an application to obtain a carrier, homing or racing pigeon permit was postponed pending removal of a noncompliant coop and verification of pigeon registration. Councilmember Carlson requested staff provide an outline to the City Council of what the neighborhood objections are to approval of this permit application. In response, three letters, photos and web information were submitted by neighbors in the Lexington Square development. The information submitted by neighbors is enclosed in the February 17, 2006 packet for your examination. Upon review of the submittal items, the following information outlines the objections to pigeons being permitted within a residential area: I. Pigeons perch or linger on the buildings or property of others A. 3874 Princeton Trail— Heffele residence 1. Pigeons have eaten seed out of the Heffele's songbird feeder, have driven away the songbirds, and the Heffele's have discontinued use of their birdfeeders 2. Pigeons have perched on top of Heffele's roof (highest roof in neighborhood) and can be heard clearly from upstairs bedroom and bathroom and other parts of the home 3. Pigeons have left droppings in back yard and on deck; roof a condition has not been inspected B. 3.eO Princeton Trail — Reuter residence 1. Mr. Reuter has often witnessed at least 15-20 pigeons on the roof of 3.874 Princeton. Trail 2. Ms. Reuter has observed at least 10-20 pigeons flying from coop to adjacent properties beginning in the summer of 2005 and as recently as February 10, 2006 �33 I o`� 3. Ms. Reuter has observed pigeons eating from the Reuter's • birdfeeders and perching upon their garage roof; she's noted smaller birds have taken flight in the presence of the pigeons C. 3861 Princeton Trail — Neumann residence 1. Ms. Neumann has observed, and submitted a photo of, some of Mr. Dao's pigeons perching on the 3874 Princeton Trail property II. The number of carrier pigeons kept and harbored on the premises A. The Reuter's and Ms. Neumann have observed pigeons, in excess of the 6 for which a permit is being sought, on the Heffele property B. City staff has also observed and photographed between 18-21 pigeons on the Heffele roof III. Loft condition and maintenance A. Mr. Reuter has never observed cleaning of coop(s) or removal of pigeon waste B. Mr. Reuter has observed "bird dung splattered and left on windows and . walls" of the first coop C. - Mr. Reuter questions whom will inspect the coop on a regular basis to ensure sanitation requirements are met, and whom will inspect the pigeons on a regular basis "for control of mites, fleas, .ticks and other insects commonly carried by pigeons" N. Other concerns noted by neighbors A. Health, disease or nuisance -related issues 1. Ms. Reuter presents an issue with failed gardens that became an issue after arrival of the pigeons; she indicates this may be attributable to the pigeons 2. Ms. Reuter recounts skin imitation after working in her gardens; she indicates this may be attributable to mites that pigeons carry ` that migrate from the nest and bite people 3. Ms. Reuter describes being awoken on many occasions, sometimes as early as 4:00 a.m., to shut her windows due to the "noise and clatter of the pigeons and the other birds that they tend to attract"; she describes these sounds as "not only loud but obnoxious" 4. Ms. Reuter supplements the skin imitation recounted in 2 above with an additional submittal and testimony a. in conversation with a toxicologist, Ms. Reuter received additional information relating to pigeons and mites 1.3tID b. Ms. Reuter therefore made a connection between the failed gardens and insect bites 0 c. Ms. Reuter recalls trying to sit in her backyard and being stung by insects too small or too fast to be seen d. Ms. Reuter emphasizes her responsibility to report this experience as a licensed attorney in Minnesota with an obligation to tell the truth and not mislead a legal tribunal in this state or elsewhere, and that she attributes the infestation as a result of mites due to the pigeons being kept on the neighboring property, and those that flue over and around her property 5. The Reuter's submitted additional documentation published by Alameda County and Pubmed.gov concerning dermatitis that can be caused by pigeon mites B. Non-compliance issues 1. Pigeons were brought to the property without obtaining the necessary permit; applicant continues. to be in violation by keeping pigeons without the necessary permit; permit application appears to be for fewer pigeons than have been noted on the site or surrounding properties 2. First coop (noncompliant) stood on the property for at least 8 months prior to being replaced with a compliant coop 3. Applicant delayed removal of the first coop from the property by the February 6, 2006 deadline, which resulted in a postponement of the permit application at the February 7, 2006 City Council meeting 4. Pigeons have not been verified as registered by the City of Eagan 5. Mr. Reuter questions whether the pigeons are fed "within the confines of the loft" as code requires C. Request for -review of the ordinance 1. Ms. Neumann requests review of the ordinance, and consideration to amend 2. Ms. Neumann submitted copies of the St. Paul and Minneapolis ordinances pertaining to pigeons 3. Ms. Neumann requests that written consent of immediate neighbors. be required to obtain a permit to house pigeons in Eagan, similar to the requirements outlined by St. Paul and Minneapolis 13 S ��I • C f49 �� ' Gee AW * 15--?- 3 � f I . ta� Eagan City Council Attention:Michael Ridley, Planning Commissioner 3830 Pilot Knob Road Eagan, MN 55122 February 13, 2006 Dear Mr. Ridley, As you are aware, the residents of 3880 Princeton Trail have constructed a pigeon coop in their backyard. We live in the house immediately to the north of this residence. Although we have no complaints about our neighbors, we have been bothered by the pigeons. For several years, we have had a bird feeder in our back yard, which has attracted a nice variety of birds. We have enjoyed watching the cardinals, sparrows and other feathered friends enjoying a snack within view of our windows and deck. However, when the pigeons arrived, they soon found our bird feeder. Not only did they eat most of our bird food, but they drove away many of the other species that used to. enjoy our feeder. Finally we just stopped placing food in our feeder, as we were not interested in feeding pigeons. The pigeons regularly =fly through our back yard, and can often be found resting on top of our. roof. Our roof is:the highest roof in the neighborhood, and that may be why they seem to prefer our roof. We can clearly hear them in our upstairs bedroom and bathroom, and we can often hear them in other parts of our house. We have not inspected the roof, but have regularly seen messy droppings in our back yard and on our deck. We do not wish to cause trouble with our neighbors or with the city of'Eagan, however, we do not appreciate what these pigeons have done to our home and yard. Thank ou for reviewing our complaint, Steven and Faye Heffe 3874 Princeton Trail Eagan, MN 55123 651-452-8539 c: Mary Granley City Code Enforcement FE (D [ROW FE ►N FEB 14 2006 43 F P- C 1 FEB 10- 2005 February 11, 2006 City of Eagan Mayor Geagon and Council members 3830 Pilot Knob Road Eagan, MN 55122 Council Item: Carrier / homing / Racing Pigeon License for Danh Dao CONTINUED TO 2/21 Dear Mayor and Council Members: This letter is in support of a motion to deny a license for the above=mentioned property owner to be addressed at the City Council Meeting on February 21, 2006 until further review of our current ordinance as it reads. I have read the ordinance under 10. 12, subd. 7, E. Conditions of Permit. Under 3:(h) I have attached for your review a photo taken of "some" of the pigeons who are kept by Mr. Dao. These pigeons however are not on Mr. Dao's property, but the corner house directly to the north of Mr. Dao's property. These birds frequently perch on the roof top of the corner property. In addition to the photo, I have also enclosed the St. Paul and Minneapolis:ordinances for animal permits and have highlighted a requirement I feel should be considered for adoption by our - community. The area of interest has to do with written consent by immediate neighbors of homeowners keeping animals that could potentially be a nuisance to others. We live in a densely populated neighborhood. As we all feel we have the right to go about our business without interference from others we live in a neighborhood that must consider what we do and how it affects others surrounding us. It is my opinion that there is a need to require written consent by immediate neighbors when applying for a permit to house homing/racing/carrier pigeons. Thank you, Michelle Neumann 3 861 Gibraltar Trail p� a` 'i r; # � � i:., �. - 1. - I� ` tYi1j l r I 1 1 i � �{ll` �•Il \` `�4. ��^;� M t'*.. ,` y'�4 . 1 I' a r 'dpi/•h ,�'. u.. �� -: �,,, ,..r...�ml*.t'\14 11 I4� � �.��Il� 1� f}i;. i .F 4 � i i�. 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Coleman Mayor 8 Fourth St. E, Suite 200 Facdodk: 651-266-9124 Saint Paul, Minnesota 55101-1024 Web: www.ltep.us GMELMS _M_ _ 0 1 - = q _ A PERM TO MAINTAIN = I =gyp ��- _�- Saint Paul Legislative Code 198.02 1.. Complete the KEEPING OF ANIMALS PERMIT APPLICATION and the PETITION TO HARBOR AND&kLS. The petition should include the properties that are within 150 feet on each side and directly behind the properly where the animal(s) are to be maintained. The applicant is required to, obtain the written consent (signatures) of 75% or more of the owners or occupants of the properties. This does not include property located on the opposite side of a street. If the property, consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Mail or bring the completed application, petition, and fee to: City of Saint Paul Office of -LEP • 8 Fourth St, E, Suite 200 Saint Paul, -.MN 55101 . .._.. ... _ OR to: City of Saint Paul Animal. Control Center '1285.Jessamine Avenue W. Saint Paul, MN 55108 NOTE: FERRETS BEING KEPT AS PETS require vaccination against rabies. If the permit application is for a ferret, proof of current anti -rabies vaccination is also required. A current rabies certificate must be submitted with the application, and show the vet's name./clinic., the date of the rabies vaccination, and the expiration date of the vaccination. 2. The applicant must indicate the maximum number and species of animals on the permit application If'a permit's granted, the permittee shall not exceed the maximum number of animals on the permit or substitute the animals with different species. A permittee that wishes to increase the number of animals allowed or to substitute or add a different species to those listed on the permit, are required to apply for a new permit ('including a new petition) and pay the appropriate fee. NOTE: -if the penrlit is for a ferret, proof of current rabies vaccination must be included with the application. This would be a written statement from a veterinarian showing the date of the rabies vaccination and the expiration date of the rabies vaccination. . The permittee shall immediately inform the Animal Control Center in writing when the number of animals maintained on the premises exceeds the number, allowed by the permit or when a different species is substituted for those listed on the Permit 1�� 3. After review of the application and petition an inspection of the properly and facilities for housing the animals will be conducted by city staff If a permit is granted it will state the conditions, if any, imposed upon the permittee for keeping of the animals under the permit. * The permit shall specify the restrictions, limitations, conditions and prohibitions • which the environmental health officer deems reasonable necessary to protect any person or neighboring use from any unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the publicheahh and safety. 4. Violation of the terms of the permit or the guidelines for obtaining and maintaining a residential permit to harbor animals shall be grounds for revocation. 5. Substantiated reports from owners or renters within 150 feet of the outer boundaries of the permittee's property that the animals frequently or habitually are noisy or create another nuisance condition, shall be cause for revocation of the permit. b. Housing facilities and grounds shall be maintained in a clean and sanitary condition and in good repair. Flies, rodents and obnoxious odors shall be controlled. Facilities shall be kept free of fecal matter and collected fecal matter shall be properly stored and disposed. 7. When indicated, rodent control measures will be instituted. 8. No -permit: shall be issued until the owner has demonstrated that the animals -will be kept in a holding area capable of containing the animals. 9. Constiuction and maintenance of holding facilities shall comply with all applicable rules, regulations, ordinances and statutes. • 10. Obtaining and maintaining a p=h is also subject to any other restriction or condition not listed above which is imposed by the LEEP Office to protect -the public health and safety, or to prevent or control a nuisance . . condition unique to the applicant's premises or animals. 11. Fecal matter shall not be allowed to accumulate on the property. Fecal matter shall be removed at least twice each week between April l and November 30. Revised 32005 � \1 Animal Permits Page 1 of 1 "'•R;�'^,yx: °'' "r�`•�i'f;'ise1:'F�.L .ti:rr�.r•:l.?�''S:.'. �_..,�3r,,.,>:ati" `�+r:: ii..`;,v,�'G ii?`r<w:.'•:;v'.T�r��v.E'f);, ft x " 0.• H'LS SMi] ir• d� r ti i '•h ! t s,xFt"'- '� h r f,r "^ t G ?,�",5���i':..ift��,'�xix.5n,�+1,�.���r�1Y'r„:.r,S4'..5{.ii'11A�7��Xkt'"a'„•!{,i�;ay.•�Tx�..��9.������0.?.,�,:.4. ,•�'vy rCli :1: • City of Minneapolis Home Community Business City Hall Leisure 'W.S. htS : 't • Animal Care and Control Animal Caere & CO 4, Animal Permits 7. Multiple animal permits are required for more than 3 (in any combination of) dogs, cats, rabbits, or ferrets. Home Small animal permits are required to keep pigeons, About Animal Control ducks, chickens, etc., Animal Adootlons goimal Sites For information call the Animal Care &Control Program at Barking Dogs (612) 370-4970. Dangerous Dogs Finding Lost Pets The permit process requires: Leash Law Lkenses • Getting the consent of 80 percent of the neighbors within Multiple Animal Restrictions 100 feet of the property where the extra animals or small Off--Leash Parks animals will be kept. Ordinance and Statutes •. An Inspection of the premises where animals will be kept. • Reference . Permits • Fee of $20 for a multiple animal permit and $10 for a PeRescue Programs small animal permit. Permits are must be renewed annually. StrqY._AOlLn_al9,. ;. E s eeM All dogs, cats, rabbits and ferrets are also required to be licensed through the City of Minneapolis. Contact Us Animal Care and Control 212 17th Avenue North Special Event Permits Minneapolis, MN 55411 Special permits are required for events involving any Phone: (612) 348-4250 hoofed animal or-an * r an, animal that Is wild. by nature. Such Fax: (512) 370-1433 events could include circuses or pony rides. for a permit E-mail: animals • contact the Animal Care & Control Program at (612) 370- 4970 or download the Application for Animal Permit (PDF). Services I Contact Us I Search • City Home. I Community I Business I City Hail I Lelsur Q 1997-2006 Official Web Site of the City of Minneapolis, Minnesota Disclaimers and Notices I Privacy Statement Maintained by Minneapolls Business Information Services Comments or suggestions? Use the feedback form http://vmw.'ci.minneapolis.mn.us/animal-control/Permits-asp 2/11/2006 February 28, 2006 Pat Geagan MAYOR DANH DAO Peggy Carlson 3880 PRINCETON TR Cyndee Fields EAGAN MN 55123 Mike Maguire Dear Mr. Dao: Meg Tilley COUNCIL MEMBERS In action at its meeting of February 21, 2006, the Eagan City Council found that you had not met the conditions in the City Code relative to a permit for the keeping of carrier Thomas Hedges pigeons, including failure to meet with the Animal Control Officer to review the CITY ADMINISTRATOR registration and markings of the birds to be kept and the current management of the property such that the birds on site have not been managed and maintained within the structure as required for licensing. We realize that you took steps to conform to the requirements for the loft itself, but it would be necessary to conform with all requirements in order for a permit to be issued. MUNICIPAL CENTER As a consequence, it will be necessary for you to remove all .pigeons from the propert 3830 Pilot Knob Road within 60 days of the Council action. Since that date falls on a weekend, the pigeof Eagan, MN 55122-1810 must be removed from the site by Monday, April 17, 2006. 651.675.5000 phone 651.675.5012 fax If you have other questions concerning the Council action or this letter, please contact 651.454.8535 TDD Mary Granley of our Code Enforcement staff or Gene VanOverbeke of our. Administrative Services Division. MAINTENANCE FACILITY . 3501 Coachman Point Sincerely Eagan, MN 55122 651.675.5300 phone n Hohenstein Community Development Director 651.675.5360 fax 651.454.8535 TDD JH/j s cc: Mike Dougherty, City Attorney www.cltyofeagan.cbm Gene VanOverbeke, Director of Administrative Services t✓ Mary Granley, Senior Code Enforcement Technician THE LONE OAK TREE • The symbol of strength and growth in our community. ll� • Agenda Memo March 6, 2006 Regular City Council Meeting B. PIGEONS WITHIN THE CITY ACTION TO BE CONSIDERED: To approve (or deny) an amendment of City Code Chapter 10.12 pertaining to licensing for keeping carrier pigeons :with the City. FACTS: • The Eagan, City Code Section 10.12 provides conditions under which a license for the keeping of pigeons can be issued.. The City was approached with an application for a permit for this purpose under the ordinance. This application was considered by the•City Council at its meeting on February 21, 2006. The Council acted to deny the permit because the applicant had not provided documentation regarding the registration of the birds and the corresponding banding or marking of the birds to be kept, which is a requirement for a permit. • In the course of reviewing the information relaxed to the application and receiving • input from neighboring property owners regarding the consequences of having pigeons being kept in the neighborhood, the City Council indicated that those issues call into question whether it is appropriate to permit the keeping of carrier pigeons in neighborhoods with homes in single family or higher residential densities. • On that basis, the Council directed staff and the City Attorney to prepare a City Code amendment that would limit the locations in which such permitting may be considered to Agricultural (A) zoned properties of five acres or more. All other requirements for documentation, structures tures and animal management would remain the same. ATTACHMENTS: • Draft ordinance amendment on pages ilftv 2& ORDINANCE NO. 2ND SERIES • AN ORDINANCE OF THE CITY OF EAGAN, M[NNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRWES AND OFFENSES" BY AMENDING .SECTION 10.12, SUBD. 7(B); REGARDING REGULATION OF HARBORING CARRIER PIGEONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing 10.12, Subd. 7(B) to read.as follows: B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any, carrier pigeon (1) in any zoning district, except agricltltural district provided the property is five or more acres. and (2) without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled • "Violation a- isdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Mira Pepper Its: Deputy City Clerk Date Ordinance Adopted Date Ordinance Published in the Legal Newspaper. CITY OF EAGAN City Council By: Pat Geagan Its: Mayor I� 1 a 1 Jon Hohenstein oroma Mira Pepper ent: Moriday, March 06, 2006 10:32 AM o: Jon Hohenstein Subject: FW: Pigeon Ordinance => Follow Up -----Original Message---- From: Eric -Comcast [mailto:edrenckh@comcast.net] Sent: Sunday, March 05, 2006 9.:18 PM To: City Council Subject: Fw: Pigeon Ordinance => Follow Up Thank you all for taking the time to speak with me over the past few days. I did want to re -iterate that racing pigeons can be trained, and a properly trained bird will not sit on a neighbors house. I amnotsure if the person in question knows how to train his birds, or what the purpose of his birds are. Even if they are racing pigeons by ' name, they are not.racing pigeons.. My birds are racers. Races are won and lost by seconds, a bird cannot win if it isnot trained to come home quickly, and go into the loft immediately. 2 do not even tolerate my birds on the loft roof,, let alone the neighbors roof. There are pigeon racers in St. Paul, Minneapolis and all of the outlying areas. Many have smaller lots that the individual in Eagan. The difference however, is that the training of a race bird is intense, and very regimented. A bird that comes home fast, and wins races, can win a substantial monetary prize. Loitering is,not.something a pigeon racer tolerates. believe that the current ordinance is working fine, as proven even in this instance. A possible change that may make sense is an addition like White Bear ordinance. From what I read in the paper, a pigeon fancier must belong to a pigeon club. A club, especially a ` local one with active members, will enforce the need for a'solid, clean loft. No legitimate fancier wants to be a sore eye for the neighbors. Similar to the way a member of a dog'club will normally have a better trained dog. Feel free to look at some picture of my loft. http://edrenckh.home.cokcast.net/PigeonArea/images/LoftPictures-Pagel.htm Pioneer Press Article http. //'www.twinci,ties.com/mld/twincities/news/local/states/minnesota/counties/`dak'ota/14014 682.'htm Eric Drenckhahn 2811 Pilot Knob Rd Eagan, MN 55121-1121 edrenckh@comcast.net Home 651-405-0338 Cell 651-283-7651 ---= Original Message ----- rom: "Eric -Comcast" <edrenckh@comcast.net> To: <citycouncil@cityofeagan.com> Sent: Saturday, March 04, 2006-9:06 Subject: Pigeon Ordinance . l as > As a long time Eagan resident, I am opposed to any changes in the pigeon > ordinance (to be discussed in New Business, 3/6/2006). > > New Business Agenda Item. > B. ORDINANCE AMENDMENT - City Code Chapter 10.12 pertaining to the > licensing for keeping carrier pigeons within the City. > I currently live on almost two acres, keep a team of racing birds, and do > not have any issues with my neighbors. It is unfair; due to actions of > certain individuals, to develop a prejudice against all of the individuals > in the City that may.have pigeons as their hobby. > > As you probably already know, the sport of racing pigeons goes back well > over 100 years. There were national organizations founded for the sport > for well over 125 years ago. They served gallantly in the many wars • delivery messages from soldiers on the front lines and continue to this > day to be a symbol of peace. > They continue to remain a.genuine sport, with these accomplished athletes > being able to return home from over 600 miles in a single day. > I am requesting the City Council either table this new business item; or > take a minimum 90 -day period for additional review. > Eric Drenckhahn > 2811 Pilot Knob Rd > Eagan, MN 55121-1121 Page 1 of 1 Mira Pepper • From: SteveOlis@aol.com Sent: Saturday, March 04, 2006 9:30 AM To: City Council Subject Pigeon Ordinance March 4, 2006 Dear Council Members: I read Ms. Lindsay's article on banning of pigeons in the city. One of the people commented in the article that the pigeons were eating her bird seed that she put out for the -birds. She is no doubt attracting feral pigeons and doves rather than pi9eons that are being raised and cared for by someone. This practice of feeding the birds and attracting feral pigeons is a significant nuisance and should be addressed at the same time as legislation is being formulated against someone who is caring for their pigeons in their own loft as a hobby. The problem with feral pigeons in the city can be a significant problem which arises because the birds are attracted by a food source. This can be from people feeding the feral pigeons or people or businesses throwing food on the ground rather than disposing of the food in the proper manner. Before the city starts passing regulations on 'a person who is keeping a few pigeons as a hobby, the problem with pigeons should be addressed In its entirety. In reality the city is usually the largest keeper of pigeons (feral) due to the practices I mentioned above. If the pigeon issue is to be addressed fairly, the back yard will bird feeders, the improper disposing of food and the backyard hobbyist should all be addressed at the same time to have the desired effect and to be fair to everyone. Thank You, Steve Olis 3/6/2006 1 r Page 1 of 1 Mira Pepper _.___w _._ _ _ _ _ _.___ _ • From: Robert E Boltz [bmboltz@juno.com] Sent: Sunday, March 05, 2006 9:36 AM To: City Council Subject: pigeon restrictions am a pigeon flier in Ohio. and i have a friend who lives in your area told me of your concern over the' housing of racing pigeons i hope you will take good look at what caused this issue to come before you! Please do not punish all because of one person 3 Most pigeon people keep their lofts and birds in good condition and get along with people near to them! We have much invested in our birds and take care of them and keep them 'healthy. When my neighbors are planning outdoor events i do not lei my birds out! I clean my lofts daily, as do most pigeon people. hope you can come to a fair decision! Thank You for your time!! Bob Boltz, Marion, Ohio member of the Buckeye Racing Club 3/6/2006 la�;— Mira Pepper, kom: Gary .& Karen Gleeson [easipets@iinet.net.au] nt: Sunday, March 05, 2006 5:37 PM To: City Council Subject: Pigeon keeping code of practice Importance: High Attachments: Pigeon Keeping and Racing Code of Practice.pdf pigeon Keeping and Racing Code... I am an acknowledged international authority.on pigeons and human health. I am informed that your council is.considering regulating pigeons in your municipality and have been requested to write to your council on this matter. There are four issues to consider: 1. Well kept pedigreed Racing Homers are a very different animal to feral pigeons such as those that probably found in your town centre. It's like comparing 'thoroughbred race horses with wild horses. The same species but that is where the similarity ends. 2. Racing Homers are an incredibly hardy and healthy breed. They have to be to fly the enormous distances required.of them in competitive times. 3. There is n& record in the scientific literature of ANY disease EVER being transmitted �rom pedigreed Racing Homers.to'Humans.. 4. -Pigeons fanciers are not some weird fringe group. Pigeon Racing is a highly organised, multi billion dollar activity operating worldwide under the auspices of the Federation Colombophile Internationale. -The extent of this organisation is evidenced by the fact that I am sending you this email from the other side of the world. The keeping of pigeons is an ancient and honourable pastime practiced worldwide by many prominent individuals as well as the ordinary person. See for example http://wWw.geocities.com/Heartland/Acres/4497/famousfanciers.html 5. worldwide many fanciers, and their organisations have successfully taken legal action against both local authorities and complaining neighbours to protect their right to enjoy their chosen pastime. When the local authority or the complainant has been seen to be acting,on complaints that are based on prejudice rather than facts the pigeons fanciers case has been much easier to prove. The rulings of the courts have generally been that the local authority has the right to regulate the keeping of pigeons'but not in such a way as to effectively ban the activity altogether. If you should decide to go down the regulation path I suggest you have a look at the Code of Practice "Pigeon Keeping`and-Racing" published by the,Western Australian Government and available at http://www.dlgrd.wa.gov.au/localGovt/animalWelfare/codesPractice,asp Western Australia is an acknowledged leader in this field from both the local government and animal welfare perspectives and this Code represents "world's best practice". In Western Australia most local government authorities have a simple regulation that says pigeons must be kept in accordance with the Code of Practice "Pigeon Keeping and Racing". If I can be of any assistance please do not hesitate to contact me. Gary Gleeson �10 asipetsoiineit-net-a u lade PIGEONS Code of practice for pigeon keeping and racing in Western Australia ISBN 7307 6330 7 . Published by the Department of Local Government and Regional Development • Western Australia March, 2003 I � Code of practice for pigeon keeping and racing in Western Australia PREFACE •The Code of practice for pigeon keeping and racing in Western Australia is based on the Code of Practice - Pigeon Keeping and Pigeon Racing and has been adapted for use in Western Australia. The original Pigeon Code was prepared by the Pigeon Racing Federation of WA (Incorporated) and The Independent Pigeon Racing Federation (Incorporated). , It was prepared in consultation with the relevant industry organizations and state agencies and is supported by the Department of Agriculture. This code has been prepared to assist all persons handling or using racing pigeons in Western Australia, and reference to this code is made in Regulations provided under Section 25 of the Animal Welfare Act 2002 for the purposes of a defence against cruelty. It is not intended to be used for either audit or compliance purposes. It is based on current knowledge and technology. It will be reviewed in the future on a needs. basis, to take account of advances in the understanding of animal physiology and behaviour, technological changes in animal husbandry and their relationship to the welfare of animals. Further copies of this code are- available from the Department of Local Government and Regional Development or from the internet at: hU://www.dlmd.wa.izov..au c01g 2 Code of practice for pigeon keeping and racing in Western Australia CONTENTS PREFACE...................................................... :.......... ............................................................................. 2 PART 1. GENERAL REQUIREMENTS FOR RACING.........................................................4 1. DUTY OF CARE TO PIGEONS .................................................... ..................................4 2. ILL TREATMENT OF PIGEONS.............................................................:....................4 3. ACCEPTANCE AND INSPECTION OF PIGEONS FOR COMPETITION.............4 4. CARRIAGE AND CONVEYANCE OF PIGEONS.......................................................5 5. FEED AND WATER PROVISIONS UNDER RACING CONDITIONS....................6 6. RACE AND TRAINING PROGRAMMES,.COMPETITIONS, AND THE RELEASING OF PIGEONS FOR FLIGHT WHEN AWAY FROM HOME .................... 7 7. DRUG FREE RACING.....................................................................................................9 PART 2. HOUSING, FEEDING, EXERCISE ......................................................................10 8. THE PIGEON "LOFT"..................................................................................................10 9. FEED and WATER.........................................................................................................12 10. EXERCISE.......................................................................................................................13 Ia9 3 Code of practice for. pige on keeping and racing in. Western Australia PART 1. GENERAL. REQUIREMENTS FOR RACING 1. DUTY OF CARE TO PIGEONS 1.1 The Pigeon Federations as parent bodies for its member clubs and affiliates believe that people who .own or are responsible for the care of pigeons have a. fundamental duty to take all reasonable steps to ensure the welfare of those pigeons. 1.2 The Racing Pigeon should be exercised daily, sufficient to ensure its fitness for the purpose intended: 0 Free -flight exercise is to be on a planned basis, with duration time typically from .30 to 90 minutes and performed to a maximum of.twice daily. • Other than for pigeons returning from racing and training, daily times for free flight exercise are to be on a planned basis, typically from daylight and concluding by 0900 hours and between 1530 hours and 1900 hours with adjustment according to the available daylight. • Application to the Federation/s for planned exercise outside the typical hours should be made. • Free non -flight time, at any time, is to be conducted under close supervision by the owner. • 2. ILL TREATMENT OF PIGEONS 2.1 The Federations define ill treatment of pigeons as wounding, mutilating, abusing, ' tormenting and torturing, wanton or malicious beating .and causing unnecessary pain or ,suffering. These acts are considered by the Federations as unacceptable treatment of pigeons. 3. ACCEPTANCE AND INSPECTION OF PIGEONS FOR COMPETITION 3:1 The. Federations acknowledge the depth of expertise for pigeon care available from each member and within affiliate clubs. The Federation will draw on this 'expertise to provide suitably qualified personnel for the inspection of pigeons submitted for competition. 3.2 Stewards. The Federations will select. annually from a, list of names forwarded by each club to act as Stewards on the Federations' behalf for the inspection of pigeons submitted for competition. 3.3 Steward Instruction. All appointed Stewards are to be given Veterinary instruction at the Federations' expense. 3.4 Acceptance of Pigeons By Stewards. All pigeons are accepted by the Stewards on the grounds of sound health and physical fitness to successfully complete the journey set for the i event. 130 Code of practice for pigeon keeping and racing in Western Australia 3.5 Steward's Right of Refusal. The Steward .retains the right to refuse an entry without challenge on the grounds of poor health, or physical impairment, or neglect, as to limit its opportunities to return safely; or on the grounds of a contagion hazard to other entries. Such • refusals are to be documented for the Federations' action as necessary. 3.6 Health Examples. Poor pigeon health can be described as symptoms such as general lassitude from obvious sickness, respiratory disease indicated by wheezing, sneezing, nasal and eye discharge (i.e. Chlamydia infections), Pigeon Pox and the like. 3.7 Neglect. Neglect can be described as the 'pigeon being presented in a soiled and generally dishevelled condition and or harbouring external parasites. 3.8 Physical Impairment. Physical impairment is intended to cover any condition which is likely to diminish the chances of the pigeon to successfully complete the journey. Examples of impairment are: • Injuries and scaring both old and new which are visible or felt when holding thepigeon. • Insufficient feathering which is likely to inhibit the pigeon from flying, competitively, is an impairment. • Insufficient primary wing flights is an impairment, as is also a pigeon presented in the eight and one half stage of primary flight growth, irrespective whether number ten primary flight remains attached or not. • 4. CARRIAGE AND CONVEYANCE OF PIGEONS 4.1 PANNIERS 4.1.1 Configuration. The carriage of pigeons is,, to be within the recognised rectangular or square pannier2 configuration, allowing for adequate air exchange at both sides and top and for the pigeons to freely view their outside surroundings. 4.1.2 .Size of panniers. The Federations recognise that private pigeon carry panniers are constructed in many sizes to suit or fit individual circumstances, . such as vehicle configuration, and it is not intended to interfere with, this freedom. Instead, the Federations set minimum space requirements per pigeon as follows: 4.1.3 Height Allowance in panniers. The minimum height for all panniers, whether owned by the Federations or otherwise, is 21cm' .and is exclusive of all wire and plastic mesh bottom inserts. 4.1.4 Space per pigeon in panniers. The space allowance per pigeon will vary according to the time such confinement is in force, the distance of the race and whether provision has to be made to feed and water the pigeons eni route and at the liberation site. 'of the ten prirnaryflights in a pigeon's wing numbered from 1 to 10 outwards, the stage is indicative when the eighth primary is full grown and number nine is only part way grown, to any length short of the full grown length: 2 A term which means basket and can also be described as a crate or carry box. For pigeons, it is generally designed specifically for their confinement and conveyance. I ? I 5 Code of practice for pigeon keeping and racing in. Western Australia 4.1.5 Allowances. These allowances apply to any pigeons being conveyed in any pannier used for private training, Federation training and or racing, or for conveyance of pigeons to. • the club rooms for entry into competition. 4.2 Confinement Provisions The allowance is made on the following basis: 4.2.1 Overnight confinement of 24 hours or less duration and or the race journey is 500 kilometres or less, measured from the longest competitor, allow 200cm2 per pigeon per pannier. For competition events, the confinement period commences at the club starting time for acceptance of pigeons for entry. 4.2.2 Confinement in excess of 24 hours or 500 kilometres, as described, allow 300cm2 per pigeon per pannier, so as to ensure the pigeons can achieve the normal reclining position, typical for extended travel. 4.2.3 An example of permissible pigeons per pannier is shown as follows: Pannier dimension 90cm x 60cm = 5400cm2 divided by 200cm2 27 pigeons for overnight confinement and when divided by 300cm2 = 18 pigeons for extended periods and for when feed and water is necessary. 5. FEED AND WATER PROVISIONS UNDER RACING CONDITIONS. - 5.1 No Feed. The Federations have determined that there exists a balance between the need to feed the pigeons en route and at the liberation site, so as to sustain reserves of energy to complete the journey, and the need to avoid the detrimental effect of commencing a journey on a fall stomach. On this basis it is determined that for up to 24 hours confinement, en route, involving an overnight journey, and or the race journey is 500 kilometres or less, measured from the longest competitor, no feed provisions are to apply. 5.2 Feed and Water. Where the confinement is expected to exceed 24 hours and or the journey is in excess of 500 kilometres as described, provisions are to be made to. feed and water the pigeons. 5.3 When to Arrange. When feeding and watering of the pigeons is required, the Federations shall arrange for entries to be accepted at such a time that will ensure that the Transporter will arrive at the liberation site by at least 1600 hours on the day before the event is to start and at which time feed and water procedures are to commence. The feed is to remain in front of the pigeons for a minimum time of 1 hour and no more than 3 hours, whereupon it shall be withdrawn. The water shall remain available for the pigeons continuously until one hour before liberation, whereupon it shall be withdrawn. 5.4 Supplementary Feed and Water. Supplementary feed and water en route is to apply by at least 1600 hours daily in. the manner prescribed, where the journey time to the liberation site exceeds the 1600 hour provision for arrival, time. 6 (;0 Code of practice for pigeon keeping and racing in Western Australia 6. RACE AND TRAINING PROGRAMMES, COMPETITIONS, AND THE RELEASING OF PIGEONS FOR FLIGHT WHEN AWAY FROM HOME 6.1 Annual Programmed fixtures • Notwithstanding the role and the provision for Stewards put in place for the inspection of pigeons being entered for competition, it is widely' known that in Western Australia the months of April and May is a stressful period for a majority of pigeons in completing their annual moult cycle. This has specific reference to the shedding and replacement of the 8th, 9th and 10th primary flights in each wing, which, from general observation is seen to place both physical and psychological effects on some pigeons and leads to a reduced potential for flight in those birds, when so affected. For the general welfare of the pigeons, the annual programme of fixtures, arranged by the Federations, will be devised so as to coincide with. the weekend falling nearest to the fifteenth day of May in each year. All pigeons entered for competition in the month of May shall be fully flighted, in terms of their primary wing flight growth, and such races in the month of May shall not exceed 160 kilometres. 6.2 Race Controls' 6.2.1 Appointment. The Federation will appoint annually a committee comprising three or more members including the official Liberator and presided over by the Federation President, who will arrange and conduct the annual race programme. 6.2.3 Name. The Committee is to be known as the Race and Liberation Committee and will have control over the welfare of the pigeons, their collection, transport' and liberation. They . shall also compile, amend and manage the annual programme of racing, by the member clubs, in the interests of the welfare of the pigeons. 6.2.4 Powers. The Race and Liberation Committee is empowered to cancel, postpone or alter the race venue and to direct the Conveyors/Liberator, in charge of the pigeons, to make whatever adjustment are necessary for the welfare of the pigeons. 6.2.5 Conveyors/Liberator. The appointed Liberator has responsibility for performing the release of pigeons, at the liberation site, in such a manner as to avoid potential for injury to the pigeons on'release. The authority to release pigeons, in -all races, rests with the Race and Liberation Committee. The Liberator shall contact a, pre -arranged and nominated, Race and Liberation ' Committee member, at least .one hour prior to release to report on conditions, discuss local conditions and receive approval to liberate. Having liberated, the Liberator will again contact the nominated Race and Liberation Committee member providing details of the liberation for announcement to competitors. 6.3 Race Delays and Hold -overs. 6.3.1 Where the liberation is delayed because of adverse weather conditions, such delay will remain in force until the Hold -over time is declared. When the Hold -over time is declared the pigeons will be held for a planned release the next day. 6.3.2 Second Day. On the second day, the.Race and Liberation Committee will decide to: • 9 Release the pigeons at the time scheduled for the previous day, or, Code of practice for pigeon keeping and racing in Western Australia • Bring the .pigeons back to a shorter liberation site and reconsider the situation at that . shorter distance, or, • Hold the pigeons at the original site until Holdover time is again reached, and at which timetherace will be declared cancelled and the pigeonsreturned home for collection by their respective owners.. 6.4 Rain and Fog. Rain and Fog at Liberation sites are known to interfere with the pigeons' ability to orientate. Pigeons, therefore, are not to be liberated away from the home lofts, for training or racing, into rain or fog and the liberators are to wait until such conditions abate or abort the exercise. 6.5 Liberation time. The release of pigeons for both training and racing are governed both by conditions at the liberation site 'and the time of year. 6.5.1 During the months of June to August pigeons are to be liberated as follows: Under clear sky conditions - release a minimum of 15 minutes after gazetted sunrise for the area. Under over -cast sky conditions release a minimum of 30 minutes after gazetted sunrise for the area. 6.5.2 During the months of September and October pigeons are to be liberated as follows: Under clear sky. conditions - release at the discretion of the Official Liberator. Under over- cast sky conditions release a minimum of 30 minutes after gazetted sunrise for the area. 6.6 HOLD -OVER CONDITIONS 6.6.1 The Hold -over time for any race is calculated by counting backwards from thirty (30) minutes after the gazetted time of sunset, at the home end, by the time derived from dividing the distance for the journey by 55 kilometres per hour -(to the nearest quarter hour), which represents the recognised average speed for pigeons in flight, under adverse conditions. The holdover time therefore represents the estimated 'absolute .latest time for liberation, allowing the pigeons time to make the home lofts on the day of liberation, under adverse conditions. 6.6.2 Example. An example of a declared Hold -over time is shown as follows.- Journey ollows:Journey is 500 kilometres and sunset at the home end is 1800 hours or 6.00pm. Journey time at 55 kilometres per hour, average speed for the pigeon, is 500155 = 9 hours. The latest time for release on that day before a Hold -over is declared is therefore, 1800 hours, plus 30 minutes, minus 9'hours = 0930 hours or 9.30am. 'For this purpose., Adverse Conditions refer to the presence of rain enroute nd where this is associated with weather, systems (side and head winds) which,are ,likely to reduce the average speed of the race below 60 kph over the measured distance. Code of practice for pigeon keeping and racing in Western Australia 7. DRUG FREE RACING Because of the significant' time delay between the entry of pigeons for a race and the actual • liberation time many performance -enhancing drugs illegally used in other contests are rendered ineffectual for pigeon racing. It is,i, however, policy that pigeon racing remains free of any administered performance enhancing drugs and this has particular reference to the use of any of the anabolic steroids and corticosteroids. Any competitor found to have entered a pigeon injected with any performance -enhancing drug will be held responsible and be dealt with by the Federation. Any pigeons found sick or dead within the race panniers at liberation will be sent for analysis. Where an injectable substance is detected the owner/s will be held responsible and be dealt with by the Federation. 13s 0 Code of practice for pigeon keeping and racing in Western Australia PART 2. HOUSING, FEEDING, EXERCISE • 8. THE PIGEON "LOFT" 8.1 Dimensions. The Federations recognise that pigeon "Lofts" are constructed in many sizes to. suit or fit individual circumstances, such as available space within a conventional residential block, and it is not intended to interfere with. this freedom. Instead, the Federations set nunimum space requirements per pigeon as follows: 8.2 Racing "Loft" 8.2.1 Height. The minimum common average, floor to ceiling height, for all "Lofts" will be 165cm. 8.2.2 Box Perches. The space occupied by wall mounted box perches with minimum: dimensions 24cm (Height) x 24cm :(Width) x 8cm (Depth) and the number of box perches exceeds the number of pigeons by a minimum of 10%. The box perch configuration represents the highest density for acceptable and adequate housing method for racing pigeons and is the standard adopted for the Code of Practice. The Code does not preclude other means of perch configuration but all configurations must contain a p1us10%o surplus ratio between perch space and pigeon numbers allowable within the Living Quarters. 8.2.3 Minimum Space per Pigeon. Where all space is occupied by the pigeons, only, and P excludes provision for feeding and or owner occupancy and utensils, as.'otherwise provided by passageways, trapping and feeding centres, the minimum space per pigeon -is 92000cm3 or 0.092m3 or (0.45m)3• Where feeding is carried out in the occupied space, the minimum space per pigeon is 0.132m3. In calculating minimum dimensions, no side of the loft can be more than four times the length of the other. 8.2.4 An example of maximum permissible pigeons and minimum box perches per occupied space in the Living Quarters is described as follows: "Loft" dimension 180cm (Width) x 210cm (Length) x 180cm (Height) = 6804000cm3 divided by 92000cm3 = maximum 74 pigeons and minimum 81 box perches, where feeding is performed elsewhere and there are no utensils within the living quarters. For "Lofts" where feeding is performed in the Living Quarters, the maximum number of pigeons is calculated as 180cm (W) x 210cm (L) x 180cm (H) = 6804000cm3 divided by 132000cm3 = maximum 52 pigeons and minimum 57 box perches. 8.3 Stock "Loft" The Stock "Loft" is used for housing the breeding pigeons of the "Loft" and because of their • value and invariable background of racing from some other inter or intra state lofts, are not able to be freed for exercise. These pigeons require extended space for their good health and well-being. 134) 10 Code of practice for pigeon keeping and racing in Western Australia 8.3.1 Living Quarters The Stock "Loft" shall generally be of similar configuration as the Racing "Loft" except, in • the place of Box Perches, that breeding compartments are provided. Typical dimensions for breeding compartments are 55cm (Width) x 45cm (Height) x 50cm (Depth)_ Adequate space to maintain health and well-being of pigeons, within the Breeding "Loft", shall be calculated as two and one half (2.5) times the provision, as minimum space, per pigeon, in Living Quarters where feeding is provided externally, and owner occupancy and utensils are excluded. The Maximum allowable number is calculated from the above example as follows: "Loft" dimension 180cm (Width) x 210 cm (Length) x 180cm (Height) = 6804000cm3 divided by (92000cm3 x 2.3 = 30 pigeons (or 15 mated pairs of pigeons) for the space provided. 8.4 The Ideal "Loft" The following is provided only a guide but reasonably reflects the hallmarks of a well organised and well constructed pigeon racing loft. There are a number of essential elements that make up the building of a "Loft". It needs to be dry and warm over the winter months and therefore needs to be built for that period of time. For the summer heat it also needs to have ventilation modifications, such as flaps and ventilators that can be adjusted and closed off as the winter approaches. It needs to be is configured for ease of cleaning and for the comfort of the pigeons and box type perches are most suitable for both. Where practical it needs to be sited on the Lot so that the front of the "Loft" faces North East, in Western Australia, and to face away from the prevailing winter winds and rain, whilst taking full advantage of the morning winter sun. 8.5 Ventilation. There needs to be adequate air exchange within,a pigeon racing "Loft" without causing drafts. Under and over floor ventilation promotes essential dryness required for a healthy "Loft". Gabled type roofs are encouraged to cater for adequate air displacement. Where a gabled roof is not provided, an opening at ceiling height at the rear to the outside, of no less than 10cm along the full length of the Loft, is to be provided. Alternatively, a "Witches Hat" type chimney or similar ventilator should be placed centrally within the roof to effect the required air exchange and to promote good health and comfort for the pigeons. 8.6 Construction. The Federations recognise that existing pigeon "Lofts" have been constructed to a number of standards and designs and it is not intended for these "Lofts" to conform to the Code of Practice, while they continue to be utilised in their present configuration. Instead, the 40 Federations set basic standards for all new, changed, extended or upgraded "Lofts" taking place after January 1 1995. 13-7 11 Code of practice for pigeon keeping and racing in Western Australia It is also recognised that in some municipalities regulations exist for construction of pigeon "Lofts" and where these regulations are in conflict with the Pigeon Keeping and Pigeon • Rasing Code of Practice, the Federations will make appropriate representation to those authorities, seeking their cooperation and assistance, in the interests of conformity of regulations. 8.6.1 Off -Ground. All, new "Lofts" shall be constructed off -ground with minimum height from ground to floor level of 20cm, allowing for free flow of air under floor. 8.6.2FIoor areas may be either of two configurations: • Trafficable mesh grating floor, allowing for droppings to pass through for collection from below floor level. • Trafficable timber floor with suitable moisture absorptive qualities, and for regular ease of scrape cleaning. e.g. chipboard, plywood. o For the health of the pigeons, external open aviaries and or "sun yards" which. are exposed to the elements are to be constructed off ground typically by using trafficable mesh floor for under -floor cleaning, or other suitable floor materials, 8.7 Insulation For the welfare and comfortof the pigeons, where external cladding of a "Loft consists of brick or metal such lofts shall be internally lined 'with plywood, or chipboard, or other heat retaining, materials. For prevention of condensation dampness, all metal type roofs shall be insulated. 9.8. "LOFT CLEANING" Where above floor compartment droppings remain permanently dry, compacted and unfriable, and are of 2cm thickness or less, and are used as part of the pigeon racing incentive, these are not considered a health hazard to either pigeons or humans. 8.8.1 Deep Litter4, unless of a substances approved by the Federations, is not permitted. 8.8.2 "Loft" floors are to be cleaned on a minimum basis of once per week. 9. FEED and WATER 9.1 Feed The Federations recognise that there are many successful methods for feeding of racing pigeons and it is not intended to regulate this activity other than to document normal feeds and feed practice. Essentially, racing pigeons thrive quite effectively on most grains and legumes, with wheat being the base staple. It is usual to supplement a wheat based diet to -varying percentages with field peas, maize, sorghum, oats, rice, barley, certain pellet preparations and other • small grains. The normal feed regime for racing pigeons is twice daily and given after. exercise. 13 4A'term used to denote permanent floor dressings comprising dried pigeon droppings and other organic and mineral materials. 12 Code of practice for pigeon keeping and racing in Western Australia 9.2 Water Clean water in the home "Loft", available at all times, with and without additives, is essential. Water is to be changed twice daily and more frequently in summer months, especially in the Stock Loft. 10. EXERCISE The Racing Pigeon should be exercised daily, sufficient to ensure its fitness for the purpose intended. • Free -flight exercise is to be on a planned basis, with duration time typically from 30 to 90 minutes and performed to a maximum of twice daily. • Other than for pigeons returning from racing and training, daily times for free -flight exercise are to be on a planned basis, typically from daylight and concluding by 0900 hours and between 1530 hours and 11900 hours with adjustment according to the available daylight. • Application to the Federations for planned exercise outside the typical hours should be made. • Free non -flight time, at any time, is to be conducted under close supervision by the owner. • Other than for planned free flight and non -flight times, all racing pigeons are to be confined within their home "Lofti5. • Persistent fielding and or roof sitting habits are not allowable. rl sColloquial tern The name "Loft" (GB) is widely used in pigeon racing a the pigeon cage, house or coo USA and has its origin as e P g g P ( ) gi th traditional hay loft used for keeping pigeons, or in some European areas in the attic of the house. 13 4 I I� U -A USCIE TIFIC,AD VISORYTASKFORC - A COM opittee of the American Rating pigeon (Inion, Irza Commissioned January 2004 Veterlaary Position Statement Regarding the Health Aspects of Pigeon Keeping A Approved a i a resolution of the Amerleau Rating Pigeon Union July 18, 7004 'The keeping and recrei tionai use of pigeons, under currently accepted standards of pigeon husbandry and h giene, is a safe activity, and poses no particular hazards to public health or safety o to the personal health or hygiene of pigeon caretakers beyond the ask posed by the ka ping of any other animal. There are no zoonotic diseases specific. to pigeons. For a healthy, immune -competent peon, pigeon keeping in accord WM current avicultural tandar'ds is it very sa& activity, Pigeons are extremely to keep, with very simple nutritional and husbandry requiretaants. They can comfortably tolerate a wide variety of enviraamental conditions, and adapt vegyreadily coutfortably to a wide variety of ssrricul .viral situadons and rises. Although relative rare, the few diseases pigeons do get are easily treated with readily available m ' 'ons or prevented with vaccines. Wifidn the field of Veterinary Medicine, there is a spcx Wty of Avian Medicine to support pigeon fanciers in keeping their birds healthy and mfortable." in 0=214eration of reseaarelt condncied p Paul Miller, DVM Iiarrisburg PA Roger Harlin. DVM Oklahoma City. OK as from the United States Communicable Disease Center and of taiaing to registered, pedigra d Homing Pigeons, we affirm that to. or knowledge, the above Statement is arae. Robert Lymb, Ph.D. Warren.Shetrone, DVM. Tifton, GA Escondido, CA Jim Vandenccid, DDS John K=niemzak.DVM Anaheim, CA West Trenton, NJ' James Higgins, DVM Mt. Bethel, Pk American Racixg Pigeon Union, Inc.. 11.0. Box 18463 Oklahoma City, OK 73154-0465 405.848-5801 www.pigeon.org HOMING, PIGEONS PERcEpTioN VS, REALITY Freon ThE AviAN AssiSTANCE CVUNC1L ANd TkE S AMERICAN RAC[Nq PigEON %INION, INC. jqj '. -p .. _..31ill u f ' I FOREWORD WELCOME! Ibank you for investing just a few minutes to learn more about the incredible feathered athletes known as Homing Pigeons. This brochure was preparedby the Avian Assistance Council, a group of attorneys from around the country who have both a professional and a personal interest in the welfare of these birds. In the course of the next few minutes, you just may find that your own mental picture of the pigeon is changed. We hope so, for we are well aware of the commonly held notions and stereotypes. Our registered Homing Pigeons really are birds of different feather! They have been among the most noble servants, not to mention war- dors, ardors, of mankind. We further hope that you may appreciate the rights of you fellow citizen's to engage in the hobby of keeping these -most special birds. t Thank you, and we welcome all requests for additional infor- ' mation. The American Racing Pigeon Union P.O. Sox 18465 Oklahoma Cit}, OK 73154-0455 www.P]Ll,een.org 1:RSTORY ' Modern pigeon racing had Its beginning in the early 1800's in Belgium. However, man has long used pigeons as pets, as a source of food and as message carriers possibly as far back in t hne as 5,000 years ago. Neolithic man began tam Ing animals around 8=years ago. The pigeoa,a seed eater, would have been relatively easy to domesticate. Certainly, as man began to grow grains, the pigeon is a species tbat would have naturally gravitated around human settlements and farms. ' - At the height of the Moorish Empire, the Arabs used pigeons as messengers. In the Dark Ages and in Medieval times. from Baghdad in the Middle East to the ! Barbary Coast in North Africa, Arab officialdom. employed carrier pigeons. Genghis Kahn also reputedly made use of pigeons as his empire expanded. Carrier pigeons were a .major component in the expansion of the industrial revolution. Reuters News Agency was begun with homing pigeons. Tho symbol for many European postal systems is a stylized figure of a `carder (horning)" pigeon, to this day. Pigeon racing in Belgium probably began with the use of Persian messenger pigeons as the foundation stock. Crossed with local pigeons, the modern racing hosier gradually developed into what we know It as today. That development continues unabated. The first known long distance pigeon race was in Belgium in I818. In 1820 a - race was flown fromParis to Liege, and in 1823 from London to Antwerp. By 1870 I there were ISO racing societies in Belgium and over 10,000 lofts. Neighboring v— Holland became fascinated with the hobby and wholeheartedly joined. in. After 1875 the hobby of pigeon racing gained popularity in England. Today there are approxinuitely 90AOOlor4s each in both Belgium and Holland while there are some IOOPOOIofts in England. '�t8-11B�by�VaB-IA1�868d-t�B-�inli8d�tdtES6•-il}th6�at8ilin@lBtlRtl}�81itUFy:--— It also gained a foothold in parts of France. It is now becoming popular in Japan, Taiwan, Canada, Australia, South Africa and mainland China. There are fliers in India, Argentina and Hungary. However, the birthplace of llie sport as we know it, Belgium, remains the center of the fancy. Al present, there are approximately 15 AM registered racing pigeon lofts • in America. In the past live years interest in pigeon racing in this country has been growing. It is thought That this is mainly due to the popularity and escalating number of young bird futurities. This hobby has developed into a wholesome backyard sport in which the entire family can participate. The American tendency toward enterprise and competition is nicely met by this trend in the bobby. With -the recent creation of The Pigeon Center and The international Institute of Pigeons and'Doves in Oklahoma City, the sport is entering a new phase. The American Racing Pigeon Union, (AU) the leading organization of fliers, has joined With the Canadian Racing Pigeon Union. International Federation of American Homing Pigeon Fanciers. Inc., and the National Pigeon Association in what will tually become a federation of the sport. COMPARISON OF RACING PIGEONS WITH OTHER BIRDS Many local governmental officials mistakenly believe that registered racing pigeons are the same birds as The wild pigeons which overpopulate town squares, public buildings and parks; chcy are not. In fac(,registered racing pigeons are kept and revered like birds of all kinds, such as parakeets, parrots, cockatiels. macaws. doves, hawks and falcons. Registered racing pigeons arc a"md by fanciers for theirsuperb athleticism, determination, and loyalty to Their home lofts and owners. Because they are expected to race home fromdistanees.up to6Otlmiles in aday, racing pigeons must be in perfecl health. well fed and cared for daily. Registered racing pigeon fanciers are expected to meet higher standards than those set for the maintenance and care of other birds. The registered racing pigeon is an othiew. Racing pigeons compare favorably with all other birds kept by the American public. Considering cage birds and birds of prey (hawks and falcons) kept for falconry and propagation, racing pigeons meet and exceed most of the same legal and general maintenance requirements: 1. Registered racing pigeons are banded as very young birds to permanently register them and mark them for record keeping and racing purposes, as are cage and falconry birds. 2. Racing pigeon fanciers follow strict medical regimens loensure health and to prevent disease. Falconers and other bird fanciers attempt to emulate recingpigeon fancier;' standards for health excellence. Presently, there are a number of veterinarians in the U.S, whose singular specially is racing pigeon medical treatment. shipment, all birds must be accompanied by a veterinarian's health certificate. 6. When racing pigeons are imported from Europe or other countries of origin, like hdcons,hawks and cage birds, they are held is quarantlae. The United States Department of Agricultureofficials require a health quarantine of imported birds to protect native species of wild birds and birds kept by people. Special sections for racing pigeons exist at the USDA quaraatine facilities. The quarantine period far pigeons is presently thirty days. Sinceracing pigeons.fancy show pigeons.cage birds of all types, and falcon ry birds have been kept for centuries, national officials in the'United States and in almost every nation in the world recognize their importance to culture, history. education, companionship and recreation. Consequently, these officials do not distinguish smong the birds as to -type or use. Standards are set to assure that all -birds are treated humanely. Means are Provided toputaffofthebirds incommerce tbrougb nal ional and international shipment. Registered racing pigeons and thea rhandlers taketheir appropriate and rightful Place next to the other Americans who keep blyds for companionship and recreation. Prohibitions against keeping and racing pigeons are no mare justified than they are for denying the keeping of beautiful parrots and macaws, or hawks and falcons. Wlwn racing pigeon fanciers are denied theirright to keep and to fly Their birds in a reasonable manner, white their neighbors may keep cage birds -or hawks and falcon, there arises an element of bias and discrimination. This is not juatlfied, and most public officials recognize this when they understand the needs of racing pigeon fanciers. - CLUB STRUCTURES _ 3. Falconry binds are maintained in housing based on standards set by federal andThe racing pigeon sport in the United States Is made up of clubs, combines, state law and regulations Cage birds are normally housed indoors, except for concourses. associations, federations and national, organizations. certain kinds of doves and fancy show pigeons which, like racing pigeons, are kept Themarntwonational racing pigeon organizations inAmericw. TheAmerican outside. Virtually all racing pigeon lofts are built to standards equal to those forRacing Pigeon Union (AU), founded In 1410, and the International Federation of falconry and cage birds. The AU has set minimurn standards for lofts and their American Homing Pigeon Fanciers (IF), founded in 1881. Both of these construction and maintaining birds' facilities. organizations issue club charters to groups which have a minimum of five members. Both national organizations also allow for individual memberships. 4. The United States Post omce recognizes the importance of racing pigeons by The national organizations set uniform rules of conduct and where necessary, providing optimum standards for shipment in special boxes and under humane nationalraceMes. However, the nationatorganizations wemerely policy making conditions. Cage and falconry birds are not even accepted by the Postal Se vieefor entities whose only involvement in local affairs is to handle rales interpretations shipment. and accept appeals on disciplinary matters. The AU, however, also funds research by veterinariaus artd.scleptisis, -promotional materials and seminars, and a 5. Most airlines will accept equally racing pigeons, cage birds, and falconry multi lude of oth er activi lies designed to enhance the sport and assist its members. birds. The International Air Transport Association sets specific airline standards - Individual clubs are responsible for enforcing the national rules and for the shipment of eachi kind of bird. Like the others, racing pigeons most be regulations.facerudesand (be Code ofConducl. Any member who feels that they slipped by air in specially designed containers. In cases of international air have been aggrieved at the local level may then appeal to the national level. 2 3 I Clubs and/or combines are responsible for conducting pigeon races, which racing pigeonsposeanyhealthrisk tohumans greaterthantheriskofkcepingdogs, include setting the dates, distances, and providing transportation and. cane of the cats. turtles, hamsters, exotic birds or any other living pet. ' pigeons to their release point. Officials called race secretaries are in charge of checking the weathercond itions to makesure that birds are not released in ZOONOSES. '!Tris is not a Dr. Spode character. This Is the term for animal extreme i weather conditions which would jeopardize their ability to return home. diseases that can be transmitted to humans. Rabies.salmonella, toxoplasmosis and streptococcus area few of the diseases man can get from animals. Rabies comes In addition, the AU has designated an intermediate governmental unit called from raccoons, skunks, foxes, bats and dogs. Salmonella can come from chicken the "A U Center." Centers may occur within one state ormay occupy several states. eggs and turtles. Toxoplasmosis is found in cat feces and Streptococcus can be The largest AU Center is the Texas Center which encompasses eight states and carried in a dog's throat. some 1,350 members. The sl ate of California, on the other hand, has four d ifferent In addition,roundwornts are transmitted to humans by eonma with dog, horse, Centers within its bouridaries. The Centers help administer band and diploma sales cow and cat feces. Ticks can cause Lyme disease and Rocky Mountain Spotted to its members and through The assessment of additional dues, may provide aTher Fever. services to its members. Noneof these diseases are caused by pigeons. This is because pigeons have rut Combines, concourses, associations and federations cannot be uniformly common vectors with humans. Parasites are vectors. pigeon parasites cannot and delincd. These arc not enlltics which ane chartered by the national organlzations. do not live on or in humans, and vice versa. One reason is that pigeons have a body t A combine or concourse is usually a collection of different clubs which band temperature of 107 degrees. Their parasites cannot live at our cool 98.6 degrees. together for economic and competition reasons. Two or len clubs, for instance, Dogsandcats,on theother hand, have temperatures of 101-5to 102. This is within may get together to fly as the "Deep South Cajun Combine." In that simation,eacb the range of human temperature and each can, to some degree, accommodate the club would generale its own results and award frrst.second, ahird,ete. places within vectors of the Other. the club. All the clubs Information Brochure would then be consolidated into a The keeping of domestic racing and fancy pigeons, a hobby enjoyed by single race result which would be the combine result and again would issue thousands of Americans. is occasionally challenged because of raise and diplomas which are awards for an individual bird's achievement in a particularrace misleading information related to thecommon feral pigeon which populates nearly for first, second, third, etc, every city park. Common of feral pigeons bear the same relationship to domestic Occasionally. two combines will then get together for even highercompetition racing and fancy pigeons as wild mustangsbear to thorougbbredraee horses. Feral r standards. These larger organizations may be called concourses, federations of pigeons are considered a twisame by the- aerious breeders of racing and fancy T! R" associations to distinguish them from the combine. In such situations, there are pigs, �,J I club winners, combine winners, then federation/coneourseJassoeiation winners. Registered racing and fancy pigeons are kept in specially built and equipped A combine. concourse. association or federation may be a mixture of both AU lofts, Fancy pigeons areseldom, if over, let outof their lofts. Racing pigeons,also and IFclubs. The Central Jersey Combine, known as the CIC, has conducted races known as homing pigeons, are kept inside their lofts by fanciers except when they with as many as 550 individual lofts competing. Afr. on trai�i,.�ghts�mpeting-in- I"ther rasa, they -are en a siriel— There are some regional races flown in the United States, such as the New routine. They do not "laze" about on buildings or oeighbor's homes, as The England Open, the Mid -West Classic, and the Southeastern Open. These races are common, unbanded feral pigeon is wont to do. distance races of from 500 to 600 miles and have individuals From multiple states By today's standards, pigeons are neither fowl nor poultry. According to participating. The New England Open pits Flyers from Massachusetts, Rhode Steadman's Medical Dictionary, fowl arc galliforrnes, such as chickens, guineas. Island, New Hampshire.. Maine, and Connecticut against each other in annual . quail, peafowl, pheasants and turkeys. Ducks and geese are is a family called races. The Southeastern Open releases its birds from Cairo, Illinois and the birds anseriformes,which am water fowl. home loTcxas. Louisiana, Mississippi, Alabaral.PloridiL.Georgia,.Iouth Carolina Poultry refers to birds Mat ate raised to provide meat and eggs for human and North Carolina, consumption. Fancy and homing or racing pigeons are raised for neither, but for exhrbitlon,hobby and sport. Pedigreed racing pigeons aregenerally considered too small a species to be raised for table use. PUBLIC HEALTH CONCERNS Pigeons are in a family called columbifotmes. They are monogamous, mate for life, and both parents care for their young. Both mates and females produce a Are humans at risk for disease from racing pigeons? Are the nelghbors of a "milk" in their crops for feeding their young. Young pigeons are fed in the nest pigeon fancier in any danger from the birds keptin the loft next door? Thiaquestion until about one month of age, at which time they can fend for themselves. The has been exhaustively researched by experts. Theirfindingis that neithershow nor offspring of fowl can scratch, forage and feed themselves almost from the instant of birth. PIGEON ZOONOSES • There arc three "conditions" related to pigeons (hal can affect humans. These are Chlamydia; Fungal infections and H Hypersensitive weighting makes the monitoring insttumeats less sensitive to certain high and low j pneumonitis: Chlamydia ate microbes that are neither bacterin not virus, but cause cause fir quency sounds i n much the same way that the human ear is less sensitive to these respiratory problems in a multitude of animals, including cats. It is contracted through contact with bird feces and dust from bird feathers. Cbhimydia in pigeons same sounds_ To help understand the results of noise tests and forcomparisoat, the soft is usually very mild, hardlycausingany symptoms in the birds, much less humans. In fact, pigeons are so resistant to it they have been used rustle ofleavea is 10dB, Thenoise levelatnightin anardinary bedroornisapproximately 15 dB. This is about the same noise level one encounters as test animals in I diagnosing subspecies of chlamydia. on it walk in the woods. A quiet street in the evening with no tMrHc is 30 dB. Precautionary measures like wearing a surgical and wearing dust mask A library's noise level is 35.dB. while conversatinrtal speech is 60-70 dB at a distance rubber gloves while cleaning Fite a to this microbe. Despitean estimated cageor loftprotects against the possible exposure I8 million bird keeper: in the United States', of three feet. This is why the librarian alwa shushesouu. A business office with cflmput$cs, copy machines artd.movement of people -makes around GS I according to the CDC,. there was only5D to 10D cases per p year through 1993, d1l. of sound. Average street lraf&c Is tis dB. white a rock band howls at 110 dB., making it one of the rarest diseases in medicine, mo re thaaNagarariallsat80-9DdB,bWstilllesslhanajetaiceraftattakeoffwhich Fungal infections can affect humans, and animals may be y part of the infection a generates 125 dB, at 100 metefs distance. - Cycle. Accumulated droppings underFroper conditions can be a source o1 frugal l growth, The infected dropping can be from all types of animals, including pigeons. Where do pigeons fit into this scheme? At the Terracon test sites, noise was measured in softs with 2,000, 600,200 and 100 birds. Surprisingly,the 600 bird loft The fungus produces a mild respiratory infection that can go practically unnoticed. The fungal spores are inhaled during cleaning of cages and lolls, in was louder than the 2,000 bird loft, but just bam[y. These sites recorded 59.2 dB. and 61,1 dB. respectively. The 200 bird loft made 54,7 d!). just ars the case .of Chlamydia. Regular cleaning of lofts and cages prevents this situation. of noise while the 100 bird loft, probably the most common. 'Sim for American fanciers'al the peak of Hypersensitive pneumonitis, often called "pigeon keeper's lung" is similarto Population, recorded 52.9 dB. These readings were all taken INSIDE THE LOFTS' ."coal miner's lung". "parakeet breeder's I . ' ungse "canary breeder's lung" and 'parrot breeder's lung"- [lis not a disease is anysenseof the word. It is an allergy Therefore INSIDE a 100 Pigeon. left, It is about as noisy P g Y as people speaking in to dust from pigeon feathers. It is not a disease that can be transmitted, just as hay fever cannot be transmitted. More humans are allergic to dog, cat and rabbit conversational tones, Actuallyabitless, because normal speech is about 60-70d13. Commonsense dictates thatat20,30or40 feet distance. do noise levels would be dander" than to pigeon "dust." "dust." And lithe racing and homing or fancy pigeons are kept in a loft. the chances of a neighbor suffering as reaction commensurately less. Backyatd lofts are usually some distance from neighboring Jota and houses. It would seem that the anise level off site; then, would not beat allergic are nit, In conclusion, pigeons are no more likely to transmit disease to hnma.ns than a level that could be considered a nulsance, since it is at a lower level than normal any other animals, wild or domestic, and mueh.less likely than most, Other pets, like dogs and cats. are a far greater public health risk than the pigeon. One can get conversation, Thr conclusion was supported by Tetracon in its study of the l00 pigeon loft, A iticaraerate-1 racked-dowrr, I'jighierted or maulod - My gs an ca As with all pets, i f cleanliness and common. sense are used. the. alight danger monitoring devic�pu eneeHne-u arora the oft. Tests reverted a noise level of -57.4 dB during the day and 55.4 dB. at night. The from infection from pets. including pigeons, is grrady outweighed by the proven the pigeons were then REMOVED from the loft noise level tested: again, 'lire psychologicalbenefits and advantages of keeping and caring for them. the nighttimand daytime average was 49.1 dB. -while e average was 44.6 dB. The source of the noise with the pigeons RElV10VED was attributed la Street traffic from two thoroughfares.one approximately 300 feet from the loft and the LOFT NOISE LEVELS otherappruxirnately100feet away. AddltionaUy.aslight"whistling" was caused by wind paasing between slats is the fence "squeak" Almost everyone is familiar with the cooing sound made by doves. Pigeons and a came from a ventilator on the fancier's house. make similar sounds. The flapping of wings is usually the loudest noise he heard ina loft. When birds are in flight, they are silent, except for the sound of the wind �" Them is no such thing as "absolute silence." Life is full of noises from uncontrolled sources. Vl+ind, rain, thunderstorms, birds,traffie.construction noises _ , Through their wings. • The AU commissioned aNOISE SURVEY ofpigeon lofts and pro�sjrnalareas and the like are all of modern life. Although the rico of "loudness s a g perception " subjective phenomena, it is considered doubtful that any of the average . in Ocloberof 1995.. Terracon Environmental, Inc-,af KansasCity, No., performed .sound levels recorded during the noisesutvey of the pigeon lofts would be perceived as "loud" by the average individual. the :tests on four lofts in the vicinity of Oklahoma City, 0K. The results of the tests were calculated in decibels:(dB.}usingthe"A-aeric"weighting network. A -scale Like loudness.annoyancebynoise ishighly subjective.and isdifficulttorelate 6 to thesound which causes it. Noise becomes more annoying as it gets louder than 7 - - .`i the background noise on which it is superimposed. Unsteady noises of those that ApP$.Ntl}Ix: MODEL ORDINANCE contain tones (such as train whistles, sirens and car horns) tend to be the most annoying. In the Terracon tests, at 25 feet, the pigeons in the 100 bird loft only contributed between 9 to 10 dB. of additional sound to the.existing background noise. This is equivalent to the soft rustle of leaves. INTRODUC1i0N PIGEONS IN THE SERVICE OF TMIEIR COUNTRY The following "Model -Ordinance" has been prepared ' I by the Avian Assistance Council under the auspices of, Although the US Army began using pigeons as messengers as early as 1878, and with the financial assistance of, the American Racing it was not until World War I that pigeons became a regular part of our military establishment. On Armistice Day Pigeon Uniton. NefthartheAvian Assistance Couneilorthe American Racing Pigeon Union assume any responsibility after- the first war the Allied forces had approximately 320000 pigeons which had been used forcomarunicationpurposes, or liability with regard to accomplishing particular Over 54,01}0 American horning pigeons served in World War II. 40000 of objectives for a specific pigeon fancier Through the use of these birds were supplied by civilian racing pigeon fanciers. In the 5 years of the form suggested in this model ordinance. Further, no service, hundreds of thousands of messages were delivered by military birds. In form should be relied upon without qualification. Each t 1943 the British established the Dickin Medal to honor war service by pigeons. provision appearing In the form should be carefully One American pigeon, the famous GI Joe, was awarded this badge of courage, considered In connection with the circumstances of the In Italy the 56th British Infantry Division broke through German lines and overran town. Allied particular pigeon fancier and the community he resides in. Other provisions should be Included If required by rule, a planes were scheduled to bomb the town, now occupied by ordinance or custom. the British. GI Joe flew 20 miles in 20 minutes with information of the situation. and the bombers were called off just prior to takeoff- . The Lord Mayor of London, in Even though the ultimate responsibility for the preparation of the ordinance rests with the fancier his I� gratitude for this heroic effort which- saved ninny Engllshmen's I� lives, bestowed upon GI Joe the Dtckin Medal. or a memberof the Avian Assistance Council will be -� The Swiss continue to use these reliable messengers fn the mountains where function pleased #o discuss with the fancier or the attorney particular situations and offer practical suggestions For radios poorly or not at all. In rile Gulf War, despite billions ofdollars of sophisticated electronic jamming equipment, the Iraqis still communicated with consideration in preparing the proposed ordinance or headquarters via homing pigeon. amendment.onsiratio If an ordinance Is going to be passed, it should create balance bOMM511 the needs o anter and the concerns of the public. The Avian Assistance Council believes that the standards and the enforcement provisions in the proposed ordinance are reasonable and necessary for an impartial, balanced ordinance. To propose an ordinance with weak or no enforcement provisions wlll invite outright rejection by local government - staff, or unreasonable enforcement provisions. We ' believe that It is to our advantage to prevent the keeping of pigeons Jn unsanitary conditions by unscrupulous fanciers ' who fail to maintain adequate controls. The proposed ordinance should accomplish this without unreasonably Interfering with the keeping of pigeons by conscientious fanciers. • 8 • 9 • ORDINANCE NO. AN ORDINANCE OF THE ' CITY (TOWN; TOWNSHIP, VILLAGE, ETC4 OF .. AUTHORIZING THE KEEPING OF PIGEONS PROVIDING FOR ISSUANCE OF E. "Loft" means the structure(s) for the keeping or housing of pigeons Permitted by this ordinance. R"Mature Pigeon" means a pigeon aged six months or older. G- ."Owner" means the owner of Pigeons subject to this ordinance. PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS SECTION 2. CONDITION& The keeping, breeding, maintenance flying WHEREAS it is the purpose and intent of this ordinance to permit the and of pigeons shall be permitted on the following conditions: keeping, maintenance and- flying of certain registered pigeons as a recreational A. The loft shall be of such saffrclent size and design, and constructed of such material, that it can be maintained in i sport and hobby, subject to regulations hereinafter set forth, and aclean and sanitary condition. ' WHEREAS the keeping, breeding, maintenance and flying of fancy, B. There shall be if least one (1) square foot of floorspace in any loft for each mourn pigeon kept therein. racing and sporting breeds of pigeons, as defined herein, is determined not to be a nuisance and is a wholesome activity, not detrimental to the public welfare, if C.. no construction and location of The loft shall not conllict with the regulated as hereafter set forth, and requirements of any Building Code or Zoning Code of the city. WHEREAS ilisrecognized that the keeping, breeding, maintenance and D. All feed for said pigeons shall bestared insuch coatamersastoprosect flying of such pigeons. is now mainly engaged i n by members of local, district and against intrusion by rodents and other. -vermin. national organizations, and such ens keep their Pe pees p pigeons in suitable permanent dtructuresconatructedandrnaInlainedforsucftpur}zose,andkeepsuchslructuresin E• �1O loft Shea be maintained in a sanitary condition and in compliance . with all applicable health regulations of the city. • a clean and sanitary manner, and do not -permit their -pigeons to remain at large in All F. All pigeons shat! be confined to the loft, except fon limited periods Pczeigeons the community in such manner as to disturb their neighbors or to prevent the full necessary for and core , ��g petition; and at no time shall pigeons be allowed to perch or linger on the buildings or enjoyment of property rights by their neighbors, property of others. G. All pigeons shall be fed within the confines of the loft. NOW THEREFORE BE IT ORDAINED HY THE CITY COUNCIL OF H. No one shallrelease pigeons to fly forexercise, training or competition except incompliance with the following rules; AS FOLLOWS: - (1) The owner of the pigecmr must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc„ the SECTION 1. DEFINITIONS: A.Pigeaon International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tipplger Society, the International Roller mesas a memberof the family Columbidae, and shall include "R A�re,g-!'igeo •'nc�acy-1'-�geE+na"and"Sper�tg�igeens"-as-det hi- Association, the Rare Breeds Pigeon Club or a local club which has rules that will help nresenre— ordinance. Um peace and tranquility of the neighborhood. B. "Racing Pigeon" means n pigeon which, through selective past(2) pigeons will not be released for flying which have been fed within the previous hours. breeding, has developed the distinctive physical and mental characteristics as to enable it ro return to its home after having been released a considerable distance L Pigeous skill be baAdedaud registered with one of the national pigeon therefrom, and which is accepted as such by the American Racing Pigeon Union. assoeiathonsrregislriea. Inc. or the International Federation of Racing Pigeon Fanciers. Also, commonly SECTION 3. PERMIT. - known as Racing Homer, Homing Pigeon, or Carrier Pigeon. C. "Fancy Pigeon" means a pigeon which,. Through past breeding, has � On application signed by lire owner, on such formas shall be provided by _. developed certain distinctive physical and performing characteristics as to be the city, wherein the owner shall. certify That his toft(s) comply with applicable the ting and zoning codes, and upon payment is a N of$ clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon g peon ©ub. - Bxarnples: Fantails. , a permit shall be issued to the owner, which shall remain in full force and effect unless Pouters, Trumpeters. suspeaded or revoked,or unless the use of the tort be discontinued for a period of - D. "Sporting Pigeon" means a pigeon which. through selective post one year. breeding, has developed the ability to fly in a distinctive mannwr, such as aerial acrobatics or endurance flying. Examples: Rol lets, Tipplers. i SECTION 4. RIGHT OF ENTRY FOR INSPECTION The Animal Control Off icermay enter and inspect any property or loll at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this ordinance. SECTION 5. VIOLATION AND PENALTi[M. When the Animal Control Officer rinds a violation to have occurred, the officer shall give. written Notit.-c Ihcteof to the owner. If said violation is not remedied within ten (10) days, the Animal Control Offtcermay issue a citation to appear in municipal court to answer the charges stated thereon. Any owner found violating any of the provisions of this ordinance shall upon conviction be guilty of a misderneanor punishable by a fine not to exceed the sum of $I00A0. Three convictions within eighteen (I 13) months shall result in the revocation of the permit. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect (month, day, year). PASSED by the (City Councii.Town Council. City Commission, as appropriate) this day of Page 1 of l Gene VanOverbeke From:. Jon Hohenstein Sent: Monday, April 24, 2006 11:12.AM To: Gene VanOverbeke Subject: FW: Dao Pigeon Update - Pics & Ltr FYI for consideration with any Dao application. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 ihohenstein@cityofeagan.com From: Mary Granley Sent: Monday, April 24, 2006 10:55 AM To: Mira Pepper Cc: Jon Hohenstein; Mike Ridley Subject: Dao Pigeon Update - Pics & Ltr • Mira, I received a letter and photos this morning from a comp in the Princeton Trail area, confirming as recently as April 23, pigeons were perching on adjacent properties. The comp has witnessed the coop door being propped open all day to allow the birds to roam, and perching on 6 separate properties. Please let me know if you need copies. Mary Granley . City of Eagan Code Enforcement 651-675-5690 mgran leyOcityofeagan.com 5/19/2006 City of Baan Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651,454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth iri our community. May 1, 2006 Mr. DanhDao 3880 Princeton Trail Eagan, MN 55123 Dear Mr. Dao, In action at its meeting of February 21, 2006, the Eagan City Council found that you had not met the conditions in the City Code relative to a permit for the keeping of carrier pigeons. This included failure to meet with the Animal Control Officer to inspect the registration and banding of the pigeons, and to discuss management of the property and pigeons, as the birds on site have not been managed and maintained within the loft structure as required for licensing. As a consequence, it was required that you remove all pigeons from the property within 60 days of the Council action, but, because the date,fell on the weekend, the pigeons were to be removed from the site by Monday, April 17, 2006. Your property was inspected by City staff on April 18, 2006, and the pigeons were still being kept on your property. As I shared with Kim Dao via phone on Monday, May 1, 2006, all pigeons must be removed from your property by Tuesday, May 9, 2006. A final inspection will be conducted after this time. A property that is in violation of City Code requirements after a second notice will subject the owner and/or resident to a citation requiring your appearance in court. This is a misdemeanor violation (maybe punishable by up to 90 days in j ail and/or up to $1000.00 in fine). We appreciate your cooperation in complying with this request. Please contact me at 651-675-5690 if you have further comments or questions concerning this matter. Sincerely, hGr1 y e Enfor nt Technician Cc: Ms. Kim Dao, Daughter of Danh Dao Mike Dougherty, City Attorney Jon Hohenstein, Community Development Director Gene VanOverbeke, Director of Administrative Services &I Page 1 of 1 Gene VanOverbeke From: Mary Granley Sent: Wednesday, May 17, 2006 3:22 PM To: Gene VanOverbeke Cc: Jon Hohenstein; Mike Ridley Subject: Pigeon update - Dao, Drenckhahn and Ordinance Amendment Update: Dao Properly - I received a complaint this morning regarding the pigeons at the Dao property. The comp stated the birds are still visiting adjacent properties. I explained at last night's CC meeting the council placed a moratorium on the issuance of pigeon permits. I told the comp that City Administration would be notifying the D:aos that the pigeons have to go. I asked the comp to continue keeping records of the pigeons visiting adjacent properties, and to continue taking photos. Drenckhahn Property - I called Eric Drenckhahn and explained the moratorium. I told him because of the 60 -day rule, the City is required to act on his application by a deadline which may be detrimental to his variance application and proof of hardship. I mentioned he could be denied his variance if the ordinance for the pigeons is still under flux. I explained he could apply, but if his variance is denied he'd have to wait one year for reapplication. I explained. his labels are good up to November 5, 2006. He agreed to withdraw his application, and will be in tomorrow to pick up his application materials and check. Ordinance Amendment - I mentioned to Eric that Gene may likely be in touch with him for information related to pigeons and associations prior to the Council workshop scheduled for June 13 to discuss the pigeon ordinance. I have.a set of six DVD's and handouts provided to me by Eric that are related to the sport of pigeon racing that were produced by the American Racing Pigeon Union. These are available for the Council's use. Over and' out, Mary Granley City of Eagan Code Enforcement 651-675-5690 mgranley(ftityofeagan.com 1 5/18/2006 rS • AGENDA SPECIAL CITY COUNCIL MEETING JUNE 13, 2006 5:30 P.M. EAGAN ROOM-EAGAN MUNICIPAL CENTER • I. ROLL CALL AND ADOPTION OF AGENDA . j II. SCHOOL DISTRICT 191 UPDATE / SCHOOL BOARD CHAIR MORRISON AND SUPERINTENDENT KANNINEN a III. TECHNOLOGY WORKING GROUP CHECK-IN AND CONDUIT ROUTE ANALYSIS • IV. DISCUSSION: ROSEMOUNT AIR CARGO FACILITY V. INFORMATIVE UPDATE RE: CITY'S DEVELOPMENT DEPOSITS AND FINANCIAL GUARANTIES P VI.. 2007 BUDGET UPDATE 3� VII. PIGEON HARBORING LICENSING ORDINANCE VIII. OTHER BUSINESS IX. VISITORS TO BE HEARD X. ADJOURNMENT • Agenda Information Memo June 13, 2006 Special City Council Meeting II. SCHOOL DISTRICT 191 UPDATE/ SCHOOL BOARD CHAIR MORRIS'ON AND SUPERINTENDENT KANNINEN ACTIONS TO BE CONSIDERED: To receive an update from ISD 191 School Board Chairwoman Morrison and Superintendent Kanninen regarding the status of the school district. This item is informational only; no action is required. FACTS: ISD 191 School Board Chair Gail Morrison and Dr. Benjamin Kanninen, Superintendent of District 191, have requested some time with the City Council to present an update on the happenings at the Burnsville -Eagan -Savage school district. ➢ In particular, their brief presentation will emphasize the recent achievements of the district. ➢ In an 'effort to update all stakeholders about District 191, Chair Morrison and Superintendent Kanninen have recently given similar presentations to the Burnsville City Council, as well as numerous service groups, including Rotary and Lions Clubs. • Agenda Memo June 13, 2006, Special City Council Meeting III. TECHNOLOGY WORKING GROUP CHECK-IN AND CONDUIT ROUTE ANALYSIS DIRECTION TO BE CONSIDERED: • Receive Technology Survey results and Conduit Route analysis and refer to City Council Communications Committee to refine public policy issues and suggest process for bringing back to the full City Council. BACKGROUND: • In January, 2005 the Eagan City Council accepted the findings of the Eagan Technology Task Force report which stated, in part, "Recognizing that telecommunications is central to economic development and quality of life, the City needs to maintain an ongoing effort to ensure Eagan stays competitive...". • The Technology Working Group (as it is now named) priorities for 2006 included reporting back to the City Council on recommendations for the highest and'best use for an 11.5 mile conduit route Eagan owns, conducting a technology survey of citizens, determining recommendations regarding wireless needs, and figuring out how to attract world class Internet speeds to Eagan. • In November, 2005 the City Council approved hiring a consultant to provide the City and the Working Group with the specific market analysis regarding best use • options for the conduit and, similar to Burnsville, also supply expertise about fiber options that could provide Eagan world class Internet speeds. • In March of this year the Council heard a short presentation regarding world class broadband speeds from that consultant. • Tonight, Communications Director Garrison will give a brief overview of the Technology survey findings. • . Tech Working Group members Mr. Lou Gallagher, Director of Voice & Data Convergence for Blue Cross Blue Shield of Minnesota, and Eagan resident Mr. Jim Moeller, a respected technology market research consultant, will summarize the recent efforts of the Working Group, specifically its review of the consultant's conduit recommendations. ATTACHMENTS: • Summarized findings of the City of Eagan Technology Survey and the survey questions can be found on pages.3— — to • An executive summary of the consultant's highest and best use recommendations for the 11.5 mile conduit route can be found on pages. tj • Summary Findings of the Eagan Technology Survey* Embargoed: Not for Release Until 6/13/06 Total respondents: Nearly 5,000 (4,831)* Kind of Internet Access: I. Cable modem (44%) 2. Dial-up .(27.5%) 3. DSL (17%) 4. No access (6%) 5. Wireless (4.6%) 6. Satellite & T-1 (less than half of one percent) (Numbers do not total to 100% because of rounding) Other notes: • North of Yankee Doodle, east.of Lexington & north of Diffley had highest percentage of respondents who do not choose to have Internet access (9%). South of Diffley had the lowest cable modem penetration (31 %), and online survey respondents the highest cable modem penetration (60%). Speed: ➢ While nearly 38% say they are very satisfied with the speed of their Internet connection, nearly Y4 of all respondents-240/o—say their connection is too slow and another 38 % find their Internet speed simply OK. ➢ And speed of connection is the second most important factor in choosing an . Internet provider just behind price for the service. Survey respondents ranked reliability third,. with security a distant fourth. Cost: ➢ Not surprising perhaps, but 55% of respondents say their Internet access costs too much. How Eagan residents use the Internet: Respondents ranked their top three uses of the Internet: 1. E-mail 2. Check their favorite Web sites 3. Online shopping Working from home was 4th. Blogging was listed last (10th) behind "Conducting my business" (5t`), Downloading music (6th), Sending photos or uploading files (7th), Gaming and entertainment (8tb), and Telecommuting (9th). It should be noted that respondents were not asked to give their age, and it is probable that water bill recipients were likely to be adults. What kids might say regarding Internet usage could and some say would be likely different. Wireless Access: ➢ Nearly 50% of respondents say they would not use wireless access if it were offered in public places. 31 % said it depended on price, and nearly 20% say they • would use wireless access if available. a ➢ When asked to rank the top three public locations respondents would like to see • wireless access, they said: 1. The Library (the Wescott location already has Wi-Fi) 2. Coffee Shops 3. Eagan Community Center There was little interest in access at the Cascade Bay or the Civic (Ice) Arena. Shopping centers and parks & ball fields had slightly more interest. Competitiveness: When asked how concerned they are about whether the US is falling behind other countries in developing next generation Internet capabilities, more than3/4 of respondents were somewhat or very concerned. 23% were not concerned at all. Phone Service: ➢ Nearly 87% have regular wire line phones as their primary service, but 7% are using Voice over Internet Protocol (VOID) and 6% use a cell phone only as their primary phone connection. Only 0.24% have no phone connection at all. Given the 13% with VOID or cell service only, what implications does this have for public safety/ 911 service? Other Findings: ➢ More than 1/3 of all respondents pay between $41-$49 a month for Internet access ➢ More than 1/3 of all respondents (35%) get their phone, Internet and TV service • from separate providers and only about 20% get all three services from one provider (which may call into question the bundling pricing.) ➢ 30%, however, get Internet access and TV service from one provider. ➢ 71 % of respondents say they are cable TV subscribers (which is slightly higher than what the industry reports for cable penetration in Eagan.) ➢ 13.5% have antenna service; nearly 15%o say they have satellite, while .63% report they have no TV. ➢ Nearly 19% say they use the Internet for a home-based business. ➢ While 73% say they have adequate Internet access from their home, 56% say the reliability is only OK or they wish it was better. That number jumps to nearly 60% in the northern part of the city. *Sent to Eagan Resident in Water Bills Or Filled Out Online • If City of Eagan Of Eap Technology Survey In its continuing efforts to make sure residents and businesses have access to competitive, state- of-the-art Internet services, the City of Eagan asks you to fill out a confidential technology survey. Simply log on to www.cityofeagan.com and from the Home & Environment drop-down menu at the top of the page, select Technology Survey Form. Or, you can fill out and return this survey form with your water bill and it will be separated and given to tabulators. 5! 531 re.s�o�d�.+s 1. What kind ofjnternel access do you currently have from your home? e Dial-up;? DSL 174 Cable modemYyq� Wireless Satellite —T-1. or T-3 Line_ None � — 2. How muci are you currently°paying per month for your Internet connection? None 6 Less than $20 10 $21 - $30!7'* $31 - $40!°meg $41 - $50 More than $50!'� �6 3. Check whether phone or television services are combined with your Internet service and the total price you pay for, these combined services. I get: Internet, phone & TV service from a single provider; Zm I use separate providers for each service 3s`pert From a single provider, I get (circle one): a. Internet & Phone service, 13 peret b. Internet & TV service, 3 o rWC*-%* c. Phone & TV service. ' Less A*-- 2 Parte--e Approximately how much do you pay for these services hi total (combined) 4. How do you currently get television service? Cable Satellite/Dish Antenna/Off-Air Don't have TV Other . It t Pee,... -t /fP�►ee.+t Percer►+ 5. Do you have adequate Internet access from your home? Yes 7-f' No 9 Depends how many others are online Don't use it It It Wish there were more options 6. Do you use the Internet for a home-based business? Yes KNo 181 7. How satisfied are you with the reliability of your Internet service? Very satisfied — It's OK — Wish it was better — y� pt�•w��' Y2Parew..f I pt.cew+ 8. How satisfied are you with the speed of your Internet connection? Very satisfied — It's OK — Too slow — 31 reuse 4- 31'rueew+ a peeA"+ /Jm�e: Nv«.6arc n�wr svw► -4o ftore4«••. /to P*4eftt leaust 0.0 P00%% AU As (Over) Survey Continued 9.. How satisfied are you with the price you pay for Internet access? Very satisfied _ It's OK _ Costs too much _ SSperce.,,,.f- 10. Rank the top 3 from the following, in order of priority (1, 2, 3), about how you primarily use the Internet from your home: Read and send e-mail0i Online shopping 3 Check my favorite Web sites Download music, messages and attachments � Conduct my business S' Send photos or upload other material 7 Blogging /o Gaming/entertainment $ Work from home Y Telecommuting.L Other 11. If you had to choose which factors in an ideal Internet service would be most important to you, rank the top 3 from the following list, in order of priority (1, 2, 3): Ease of access S Reliability 3 Speed 3 Price 0/ Security # Wireless access from public locations C. 12. If wireless access were offered in public places like city or county buildings, or at parks or ball fields, would you use it? Yes —No _ Depends on price _ xo Paaw+ yq.P",64--,.f. Vol peree,,,f 13. Rank the top 3 from the following list, in order of priority (1, 2,'3) where you would like to see wireless access points within the city. Note: This information will help guide decision making but is no guarantee of providing such. access points. Eagan Community Centerol Cascade Bay $ Civic Arena 7 Shopping Centers 5– I Coffee shops Parks and ball fields 4 Library""I All of the above Y Other 14. In the U.S., the Federal Communications Commission defines high speed Internet to include DSL (typically up to 1.5 megabytes per second speeds) and cable modems (typically between 4-8 megabits per second), while some countries in Asia and Scandinavia define true high speed Internet as 100 megabits per second. How concerned are you that the U.S. is falling behind in developing next generation Internet capabilities? Very concerned _ Somewhat concerned _ Not concerned at all _ 3o p ePe-ew.# y 1 Flu aewt 2 3 p r e ewf 15. Finally, what type of line is your primary phone line? S > ie Regular wireline= Cell phone only G Voice over Internet Protocol (such as Vonage, Comcast, etc.) + Don't have one Lees Your confidential feedback will be extremely important in helping guide the work of the Eagan Technology Working Group as it suggests public policy approaches to the Eagan City Council. Thank you for taking the time to fill out this important survey. If you have questions, call (651) 675-5008. Technology Survey 3830 Pilot Knob Road, Eagan, MN 55122. City of Eagan, MN Conduit Analysis Summary The City Council showed foresight by investing in the future when it decided to install conduit in an open trench in 2005. It is beneficial for cities to take advantage of open trenches to place empty conduit. Cities across the nation are investing in conduit for future use. Just as communities like Eagan have invested in roads and water supplies, continuing to have policies and plans that spur technology growth will only be more important in the future. Over 67,000 feet of conduit were installed at a cost of $242,000, or $3.58/foot: A few options exist for conduit use. It could be: 1) leased/sold, 2) used to install dark fiber for lease, or 3) leveraged in a citywide communications infrastructure. The table below shows the approximate cost and value of each option. Based on the difference between the cost and the value of these options, DynamicCity recommends studying the option of building a citywide communications infrastructure that will give the city more flexibility and control of the services available to its residents and businesses. 1. Lease/sale conduit $242,000 1 $400,000 — $600,000 1 $158,000 - $358,000 2. Install dark fiber for $442,000 $600,000 - $800,000 . $158,000 - $358,000 lease 3. Leverage in citywide $242,000 $950,000 $708,000 infrastructure 1. LEASE/SALE A lease or a sale would target the same types of buyers and the agreements would be very similar. Because the conduit route does not pass through the business section of town, it. will be most valuable to a service provider that serves residential customers. The location of the end points determines the value of the conduit to a buyer. The more end points in the desired location, the higher the assumed value. The value also depends largely on the buyer's desire to enter or expand in the Eagan market at a given time. Typical valuations would place the value of the conduit in the $400,000 to $600,000 range depending on the circumstances of the buyer. Y 801.443.6300 r 801.4h3.6501 sso Sov,n.:t 4-oo"WFs•r Lrrrvorr 111.kyl W42 Local wireline companies serving residential phone customers represent a likely group of potential buyers: • TDS Metrocom • Frontier • CP Telecom • Telephone Associates • DTI Minnesota Phone Company Vartec Local wireless ISPs may be interested as a means to provide high-speed backhaul from wireless access points, although this is less likely because the conduit is in a primarily residential area of the city: • BaldEagle.net • Broadband Solutions • Clearwire • Implex.net • InfinityAccessNET • NetSurf Wireless • SiHope Communications • Stonebridge FTTH Communications, who provides telephone, TV, and Internet service over fiber optics to the residents in the Evermoor development in Rosemount, may be interested in using existing conduit to provide similar services to Eagan residents. However, the cost to build additional infrastructure in existing neighborhoods is much more costly than in new developments where they are currently building. 2. INSTALL DARK FIBER FOR LEASE The city could also install dark fiber optic cable in the conduit to lease to another entity. It would cost approximately $3.00/foot or $200,000 total to install the fiber. The route may then be leased or sold at a higher price. The value is likely between $600,000 and $800,000 over a number of years. However, it introduces additional risk to the city in finding the right buyer. DynamicCity does not recommend this option at this time. 3. LEVERAGE IN CITYWIDE COMMUNICATIONS INFRASTRUCTURE Along with the conduit analysis, DynamicCity was asked to look at the feasibility of implementing an open communications infrastructure throughout the city. The council will need to review findings in the future and sort through various public policy issues, such as the proper role of government in ownership of communications infrastructure. The conduit has a replacement value of approximately $950,000. This city -owned asset would significantly reduce the capital cost of building a high-capacity open communications infrastructure available to the private sector to deliver services. P 801.4-13:6500 F 801. 143.6 ,01 380 SCaiJTH 400 WEs,r LI.NDONY' IT ATI 84042 Many cities are looking to this global standard for their communications infrastructure. The global standard is based on three core issues: • Universal access—every address in the city will be passed by fiber. • High, scalable bandwidth—residents receive a connection no less than 100 Megabits per second (Mops), and business receive 100 Mbps to 1 Gigabit per second (Gbps) connections—all symmetrical and scalable. • Price—retail prices to end-users are lower due to increased competition where multiple, competing service and content providers are using open fiber infrastructure. If Eagan looks to join the group of cities studying their communications infrastructure, we can return with options regarding the capital and operating costs, revenue potential, technology and implementation approach for a Fiber -to -the -Premises network in Eagan following the global standard using an open communications infrastructure. Adhering to the global standard by implementing an open communications infrastructure will lower the overall cost per megabit for all users in the city, providing a long-term communications advantage and access to advanced services for Eagan residents, businesses, educational institutions, health care facilities, public safety, community services, etc. If Eagan'.s goal is to be technologically competitive, it may be wise for Eagan to consider the option of building a citywide communications infrastructure, which would raise public policy issues to be discussed. A number of cities including Portland, Seattle, other Twin City suburbs and cities in northern Minnesota are already moving to ensure they have world class communications infrastructure for their residents and businesses going forward. Y 807..413.6500. Y sol. 43.6501 to Soir°ra 4.00Wrq-r L.xrrvoN U]"AF-:t 84062 • Agenda Information Memo Eagan City Council Workshop June 13, 2006 IV. DISCUSSION: ROSEMOUNT AIR CARGO FACILITY ACTION TO BE CONSIDERED: To receive an update and hold a discussion regarding the. proposed Rosemount Air Cargo Facility. No action is anticipated at this time. FACTS: The City, of Rosemount is pursuing the development of an Air Cargo Regional Distribution Center (RDC) at one of three sites near the intersection of .TH 52 and County Road 42. The facility would offer consolidated customs management, customs free trade zone status, certain tax benefits and other benefits to freight forwarders. The purpose of such a facility would be to capture a portion of the international air cargo market that currently is drawn to similar facilities in Chicago and other cities. In fact, most international air freight to and from the Twin Cities region is trucked between here and Chicago O'Hare, rather than using Minneapolis -St. Paul. International Airport. The Greater Metropolitan Area Foreign Trade Zone Commission (GMAFTZ) has been designated by state law to study the feasibility of developing such a facility and, if it is. determined to be feasible, to coordinate its development. • ➢ The enabling legislation also requires resolutions of support from the host City and County. In preliminary action regarding the facility, Dakota County requested additional information on the economic impact of the facility on the County's tax base and traffic impacts on area roadways. The County also requested that the City's of Eagan and Mendota Heights, where a large concentration of freight forwarding firms are located, to take positions on the proposed project as input to the County's ultimate consideration of a resolution. The studies required by state law and requested by Dakota County are underway and will be completed over the next year. The studies are expected to provide information to help the County and the Cities assess the impacts of the proposal and develop positions prior to the formal consideration by the GMAFTZ. ISSUES: The potential development of an RDC may offer benefits for the Twin Cities economy, by creatingincentives for Freight Forwarders handling international air cargo to manage and ship more products directly to and from the Twin Cities market. Businesses may choose to remain, grow or locate in the region if this occurs rather than concentrating around similar facilities in other cities, such as Chicago. That having been said, since Eagan is home to more than half of the freight forwarding firms in the Twin Cities and a number of trucking firms that work with them, the City of Eagan will want to carefully consider any position it takes in consideration of effects on: ➢ Possible dislocation of trucking businesses Tax base impacts ➢ Impacts on non -trucking firms and ➢ Possible development and redevelopment opportunities /U ➢ Whether it is ultimately determined to be a benefit or detriment to the City of Eagan for the • facility to be developed in Rosemount, the prospect of high volumes of traffic between the facility and the airport creates the likelihood of further traffic and congestion on TH 52, TH 55 and I-494 and, to a lesser extent, possibly TH 3 and TH 149. This is an area in which the City of Eagan has already made efforts through other agencies to address perceived deficiencies in the capacity of the system and the connections between the state trunk highway system and the interstate system. The possible development of such a facility will make that need even greater. A Financial and traffic studies are underway and will be completed to clarify and quantify a number of the issues outlined above. The Council will want to define whether additional information not covered by the studies described in the background will be necessary to help form a City position. ➢ Staff has anticipated that input will be requested from both trucking firms located in Eagan and other businesses that may have an interest in enhanced air cargo opportunities in the region. That input step would likely follow the completion of the financial and traffic studies and be submitted to the Council as part of its decision making process for a City position in this regard. ATTACHMENTS: ➢ Staff memo on pages _W,_ through 10 ,7 Map of Rosemount Site Alternatives and Eagan Freight Forwarder locations on page ➢ List of Eagan Freight Forwarders on pages 9 through l� ➢ RDC Project Update #1 on pages c ➢ Dakota County Board Resolution on page through • City of Eap Ye o TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 8, 2006 SUBJECT: ROSEMOUNT AIR CARGO FACILITY BACKGROUND OVERVIEW The purpose of this memo is to provide an update to the City Council regarding the proposed International Air Cargo Facility, which is being considered for development in Rosemount near the intersection of TH 52 and County Road 42. Preliminary action has been taken at various levels to designate Rosemount as the host community, to study the feasibility of the project and to define a business plan if it is to move forward. A facility of this kind is being encouraged by the state air cargo industry to create tax and customs advantages for more air, cargo flowing to and from Minnesota businesses to be able to fly out of Minneapolis -St. Paul International Airport. Most air freight for the Twin Cities; particularly international air freight, is now trucked to or from Chicago O'Hare, because Minnesota does not have this type of facility. Proponents believe that the availability of such a facility would also, support additional economic development and business growth, which might otherwise grow or locate near such facilities elsewhere in the United States. Eagan has a number of interests related to the project related to the current Eagan freight community, related businesses and the potential impacts of traffic from such a facility on roadways through the City.- To ity: To this point, staff has monitored the project and provided input into the study related to it. As has been communicated to the Council in the past by the informative memos, staff has been doing so with the expectation that a formal position by the City would be considered when the project's business plan is completed and a fuller picture of the potential impacts and benefits for the City can be assessed. PROJECT BACKGROUND • The proposed Air Cargo Facility is also referred to as a Regional Distribution Center (RDC). It would be designated as an International Economic la Development Zone (IEDZ) to provide a centralized customs clearinghouse for • international freight bound to and from the Twin Cities and permit some freight, bound to and from international locations, to be exempt from customs, since it would only be handled at the facility and not actually be made or consumed here. Currently, the closest facility of this kind is in Chicago and, as a consequence, relatively little international air cargo is being processes through Minneapolis -St. Paul International Airport. Prior to the identification of ,Rosemount as the host community (three sites in Rosemount remain in consideration for the project) for the prospective facility, the Greater Metropolitan Foreign Trade Zone (GMAFTZ), an organization associated with the Metropolitan Airports Commission and other business representatives, had studied the issue and determined that the Twin Cities region is at a competitive disadvantage in international markets, because of this situation. As the review of the project moves forward, the City of Rosemount will be distributing Project Updates, the first copy of which is attached. STATE AND COUNTY ACTION In 2005, the Minnesota Legislature passed enabling legislation that empowers the Greater Metropolitan Area Foreign Trade Zone Commission to study the possibility of establishing an air cargo RDC and IEDZ as a means to further develop the international air cargo segment of our state and regional economy. In February 2006,'the FTZ Board selected Rosemount to be the host community for the RDC/IEDZ if the project moves forward.. The enabling Legislation required the preparation of a business plan for the facility that would define the benefits of the facility and, when legislation was passed in 2006 to extend certain deadlines for the completion of the study, language was added to require a traffic analysis that considers impacts on the comprehensive plans of affected municipalities. The legislative authorization also contains a requirement that both the host city and the host county submit resolutions of support for the project. While Rosemount is an obvious active supporter of the project, the County has asked for additional information on which to consider a position. Early this year, the Dakota County Board took action to require that also requires that the economic impacts of the project for the County and, by extension, its cities, be studied together with an analysis of traffic impacts associated with the proposed facility. Among other things, the Board Resolution expanded upon the host community requirement by saying the County would consider support of the facility on the condition that the Cities of Eagan and Mendota Heights submit resolutions of support as well, because a substantial concentration of the n+gion's freight 1 . forwarders are located in our two cities. A copy of the Board Resolution is attached. While neighboring communities often do not have the opportunity or authority to provide anything more than comments to a city's development activity, the County action anticipates that Eagan will review the economic impact and traffic information as it becomes available and take a formal position regarding the proposed facility. EAGAN ISSUES Two specific issues have been raised regarding the proposed RDG that affect the City of Eagan. The Council's discussion of the matter may lead to the identification of additional issues that will need to be addressed. IMPACT ON EAGAN BUSINESSES The City of Eagan is home to 33 of the 57 freight forwarders in the Twin Cities metropolitan area. A map depicting the locations of the businesses is attached. The businesses have located in Eagan traditionally because of its proximity to the airport and the availability of land at the times in which they were developing, expanding or relocating. • While the presumption of the RDC study is that it will be beneficial to such businesses to have the opportunity to locate in such a facility, freight forwarders in Eagan may or may not find it beneficial. It will be important to have their input as the City considers a position. It is likely that it will also be beneficial to invite input from other Eagan businesses that use freight forwarders, to determine whether such businesses would see benefits in the availability of a facility that could offer the customs and consolidation services an RDC is intended to. On the other hand, the RDC benefits may or may not offset the current benefits manufacturers and other international trade firms have by the current proximity of the freight forwarders. It is possible that the interests of the two types of businesses may be the same or different. In addition to the interests of the businesses themselves, the City has an obvious interest in the possible relocation of businesses from the City and, if that were to occur, the reuse or redevelopment of the properties that would be vacated. The financial feasibility of an RDC will depend upon it attracting freight forwarders, but it is not clear whether that would occur over the short or long term and whether it would be entire freight operations or branches of operations. In addition,, if all factors together lead the City to conclude that the creation of an RDC would not have a detrimental impact on Eagan, it is possible that other . aspects of the commercial -industrial market, including manufacturing, research and development and office uses that currently cannot find available space in Eagan • would be interested in reusing or redeveloping sites within the community. It is expected that information that will help clarify these questions will be developed through the business plan and related studies discussed below. TRAFFIC IMPACTS ON EAGAN ROADWAYS The legislation requires the completion of a traffic study that includes the potential impacts of the facility on the Comprehensive Plans of other municipalities. Based on the potential locations of the facility, the most likely traffic routes between the facility and the airport would be by TH 52 and 1494 or TH 55 and TH 62. It is possible that other routes may be used as well, depending upon the final location chosen within Rosemount, but the primary routes are those currently improved to at least a four lane standard. To the extent that traffic from the facility uses these routes, it has the potential to add to congestion and the need for traffic improvements in northeast Eagan and northwest Inver Grove Heights, as we have seen occurring from other developments to the south and east of the City. It will be important for Eagan to provide input into the scope and assumptions of the traffic study. and to continue to work with the County and other affected cities to pursue commitments and funding for transportation improvements in the area of Eagan and Inver Grove Heights that link the state highways and the Interstate. Freeway system. STUDIES IN PROCESS To prepare the information required by the state and county actions, the GMAFTZ retained a firm experienced in the analysis of international air cargo and its management, Landrum and Brown, to develop a business plan and background study. This study -is underway and is expected to be completed by the end of 2006. Staff members from the Eagan, Mendota Heights and the County were invited to provide input to the scope of work for the study. Eagan and the County specifically asked that the study analyze:. + The extent to which freight forwarding firms were likely to move from their current locations to the proposed facility, • The likely time frame over which such moves might occur, + Whether the firms are likely to move or simply open branches to complement current locations, • Whether there would be a market for other commercial and ' industrial uses on the vacated sites, • Whether the market for such uses would for the vacated sites would be positively or negatively affected by the fact that they would lie between the proposed facility and the airport and • • • The extent to which traffic from the facility would use and cause congestion on roadways through the City of Eagan. It was indicated that these questions would be addressed at some level of detail, but that certain of the market questions may be beyond the scope of the study. To the extent that the County resolution calls on Rosemount to develop data on the impact of relocations from Eagan and Mendota Heights, it is expected that this or further related study should address the issues at some level of detail. FUTURE ACTIONS Dakota County's resolution anticipates that it will need to take a future action to support or not support the facility based on the information required. By extension, it calls on the City of Eagan to take a position to support or not support the facility at such time as the City has evaluated such study information and input as it may need toa.do so. While the City could take action at any time, the business, plaNimpact study is anticipated: to be completed tater this year and it may be appropriate to invite input from the Eagan business community at that time if that would be helpful to the Council in taking a position. The legislation designates the GMAFTZ to make the decision on whether to proceed with the project or not. The 2006 legislation has extended the deadline for such a decision to June 1, 2008. While their staff expects that a decision can be made in advance of that deadline, the timing of the consideration by the GMAFTZ Commission will become clearer, once the business. plan and related studies are completed later this year. That information, together with the County and City positions, will be among the factors used by that body to make a final determination. CONCLUSIONS AND DIRECTION The proposed Rosemount Regional Distribution Center project is in the study phase of its consideration by the Greater Metropolitan Area Foreign Trade Zone. The. FTZ Commission is expected to make a decision on whether to proceed with the project between now and mid -2008. In the meantime, the City of Eagan is expected to consider its position with respect to the facility both on behalf of its business community and in response to a condition of the Dakota County host community resolution. If you have any questions about this information or the proposed project, please let me know. Co unity velopment Director AMEEML 'ITPF Citi of Baan Eagan Freight Forwarder Locations and Proposed Air Cargo Facility Site Locations Legend 0 0.5 1 2Miles ® Eagan Freight Forwarders Proposed Air Cargo Site Alternatives Municipal Boundary • r� U • 0 MSP Air Cargo Guide Summary Freight Forwarders Iby City (and number of forwarders) • Eagan (33). • Bloomington (6) • Roseville (4) • Edina (2) • Mendota Heights (2) • Minneapolis (2) • Eden Prairie (1) • Golden Valley • Moorhead • New Brighton • Oakdale • Plymouth • Richfield • Rogers • Vadnais Heights • Out of State The names/locations of the Eagan -based freight forwarders are below. AIT Worldwide Logistics 3173 Dodd Road Allstates World Cargo 920 Apollo Rd, Ste 110 Anderson Air Cargo 1045 Gemini Road Concordia Intl 1010 Aldrin Drive, Ste 110 DFDS Transport (U.S.) 2975 Lone Oak Cir; #203 Exel Global Logistics 980 Lone Oak .Rd, Ste 108 Genesis Logistics/Air Sped 1942 Shawnee Road K2 Logistics Alexander Int'I 2995 Lone Oak Cir, Ste 4 American Cargo Expeditors 1060 Lone Oak Road Associated Global System 915' Blue Gentian Road DHL Danzas Air & Ocean 940 Apollo Road Distribution By Air 3140 Armstrong Blvd. Expeditors Int'I 980 Lone Oak Rd, Ste 128 Geologistics Americas 3030 Lexington Avenue S Kintetsu World Express 2782 Eagandale Blvd Kuehne & Nagel, Inc 815 Northwest Pkwy, Ste 190 NNR Air Cargo Service 1060 Lone Oak Rd, Ste 104 Panalpina, Inc 2975 Lone Oak Circle Pilot Air Freight 2983 Center Court Service By Air ' 2955 Lone Oak Circle, #1 Team Air Express 2975 Lone Oak Circle Transgroup Worldwide Logistics 940 Aldrin Drive, Suite 110 U.S. Group Consolidator, Inc. 1325 Eagandale Court 980 Lone Oak Rd, Ste 130 Nippon Express USA, Inc. 2995 Lone Oak Rd, Ste 15 North Star Int'I, Inc. 1060 Lone Oak Rd, Ste 112 Phoenix Int'I 917 Lone Oak Road, Ste 1000 Pro Ag Logistics 4225 Nicols Road Target Logistics 2945 Lone Oak Dr, Ste 180 Tradewinds Cargo Services 2975 Lone Oak Circle Transport Express 3275 Mike Collins Drive UTI/Union Transport 2700 Blue Water Road, Suite 300 In addition to the firms that define themselves as Freight Forwarders, there are a number of other firms in the City, such as DART and Freightmasters, who are contracted by the Forwarders to actually truck loads to other locations. AIR CARGO REGIONAL DISTRIBUTION CENTER PROJECT UPDATE #1 June 1, 2006 The international economic development zone (IEDZ) and air cargo regional distribution center (RDC) project is moving forward. In February 2006, the Greater Metropolitan Area Foreign Trade Zone (GMAFTZ) Commission selected Rosemount from a competitive site selection process to be the host community for the RDC/IEDZ. The selection was based on a recommendation of the ACTFAST technical working group. ACTFAST is a group of unpaid advisors who have been advocating for the RDC concept for a number of years. The group includes representatives of Mn/DOT's Aviation Division, the Twin Cities Air Cargo Association, MAC, GMAFTZ, and other persons interested in promoting Minnesota's cargo sector. The GMAFTZ Board has delegated various assignments to the ACTFAST group related to the RDC project, including draft legislation that led to the 2005 bill and the design of RFPs for the RDC site selection and business plan consultant selection processes. ACTFAST, GMAFTZ staff, and the City of Rosemount have recognized that ongoing communications throughout this lengthy project will be important to keep stakeholders and interested parties informed of this exciting initiative for Minnesota's economy. To that end, a monthly update will be distributed to share information and progress as the ® project unfolds. Business Plan The enabling legislation in July 2005 required the Greater Metropolitan Area Foreign Trade Zone to develop a business plan that would demonstrate the financial feasibility of the project. The specific language in the bill describing the business plan is below: 240.22 Subd. 2. [BUSINESS PLAN.] Before desiUkion of an 240.23 international economic development zone under section 469.322. 240.24 the governing body of the foreign trade zone authority shall 240.25 prepare a business plan. The plan must include an analysis of 240.26 the economic feasibility of the regional distribution center 240.27 once it becomes operational and of the operations of freight 240.28 forwarders and other businesses that choose to locate within the 240.29 boundaries of the zone. The analysis must provide profitability 240.30 models that: 240.31 (1) include the benefits of the incentives: 240.32, (2) estimate the amount of time needed to achieve 240.33 profitabilit ; and 240.34 (3).analyze the, length of time incentives will be necessary 240.35 to the economic viability of the regional distribution center. 240.36 If the gglerning body of the foreign trade authority 241.1 determines that the models do not establish the economic 241.2 feasibility of the project, the regional distribution center 241.3 does not meet the development requirements of this section and 241.4 section 469.322. In January 2006, the GMAFTZ Board retained the firm Landrum & Brown to conduct the business plan study. The principal with Landrum & Brown, Mr. Dan Muscatello, has many years experience in the field of air cargo having served as a director of cargo operations for the Ports of New York and New Jersey, and subsequently as a private sector planning and operations consultant. Mr. Muscatello and his project associates have begun the work of contacting freight forwarders and other cargo industry stakeholders. It is anticipated that the business plan will be completed before the end of 2006. The timing of when the business plan is to be completed had been a complicating factor for the project. The enabling legislation required the IEDZ to be established by June 30, 2006. However, successful legislation in the 2006 session has provided more time to carry out this requirement. Air Cargo Legislative Update GMAFTZ Board retained the services of Capitol Gains to act as a lobbyist on State legislative issues. John Kaul has been the primary contact with Capitol Gains. Mr. Kaul worked closely with the original authors — Sen. Ann Rest and Rep. Ron Abrams — to secure legislative changes in the 2006 session that extended the deadline for • establishing the IEDZ and restated the timelines regarding the period of eligibility for related tax incentives. The language was also amended to require that transportation impacts of the facility are studied and the results are reported back to'the Legislature. Also included was an extension of the timelines under which grants may be made to assist businesses locating in the IEDZ. The language included in the tax bill (with changes in red underline) 121.30 Sec. 11. Minnesota Statutes 2005 Supplement, section 469.322, is amended to read: 121.31 469.322 DESIGNATION OF INTERNATIONAL ECONOMIC 121.32 DEVELOPMENT ZONE. 122.13 (c) Before final designation of the zone, the foreign trade zone authority. in 122.14 consultation with the applicant, must conduct a transportation impact study based on the 122.15 regional model and utilizing traffic forecasting and assignments. The results must be used 122.16 to evaluate the effects of the proposed use on the transportation system and identify any 122.17 needed improvements. If the site is in the metropolitan area the study must also evaluate 122.18 the effect of the transportation impacts on the Metropolitan Transportation System plan 122. 19 as well as the comprehensive plans of the municipalities that would be affected. The 122.20 authority shall provide copies of the study to the legislature under section 3.195 and to the 122.21 chairs of the committees with jurisdiction over transportation and economic development. 122.22 The applicant must pay the cost of the study. 122.23 (d) Final zone designation must be made by June 30, 2008. 122.24 (e) Duration of the zone is a 12 -year period bedinning on January 1. 2010. 122.25 EFFECTIVE DATE. This section is effective the day following final enactment. 124.34- Sec. 16. Laws 2005, First Special Session chapter 3, article 10, section 23, is amended - 124.35 to read: 125.1 Sec. 23. GRANTS TO QUALIFYING BUSINESSES. 125.2 125.3 $750,000 is appropriated in fiscal year 2006 from the general fund to the 125.4 commissioner of employment and economic development to be distributed to the foreign 125.5 trade zone authority to provide grants to qualified businesses as determined by the 125.6 authority, subject to Minnesota Statutes, sections 116.1.993 to 116J.995, to provide 125.7 incentives for the businesses to locate their operations in an international economic 125.8 development zone. If the money is not distributed during fiscal year 2006, it remains 125.9 available for distribution under this section until December 31. . 125.10 2010. The full $750,000 included in the enabling language will not be available as grants to qualifying businesses.. GMAFTZ. received permission from the authors and DEED to appropriate a portion of those funds to pay for the necessary financial feasibility studies that will determine whether the project moves ahead. Eminent Domain Legislation Language was adopted in the final eminent domain bill that would exempt the IEDZ/RDC as a public service corporation based on language in US Code and federal regulations. The United States Commerce Department treats foreign trade zones as public utilities. The exemption applies only to an entity operating a regional distribution center within an international economic development zone. Project Work Scope Finally, a preliminary work plan schedule has been attached to clearly articulate the many different planning steps necessary to see the RDC/IEDZ become reality. --Jamie Verbrugge, Rosemount City Administrator P Consultant Sol Host Commun MN Legislative Business Plan Mad Fina Sod Tran Decision to Mc Sits Determine Resolutions of IEDZ Designal Federal Fundir Environmental Intrestructure Plan con; RFP Develcpm Developer Sete Land Acqulsltt Land Use Plan Physical Const i Site RDC RDC/IEDZ Work Plan Schedule -Completed In Process EE=Wyetbepn Updated 5 /1 1211 0 6 The County Board Resolution was as follows: 05-666 Response To City Of Rosemount's Application To Develop Tax -Exempt Regional Air Cargo Facility WHEREAS, the City of Rosemount plans to submit an application.to the Greater Metropolitan Area Foreign Trade Zone Commission (GMAFTZ) for a Regional Distribution Center (RDC) and International Economic' Development Zone (IEDZ), by December 30, 2005; and WHEREAS, the primary function of the RDC would be centralized processing and security screening of international air cargo shipped through Minneapolis -St. Paul Airport (MSP), a state -identified need that may assist Minnesota's international businesses; and WHEREAS, the RDC would attract and co -locate metro area freight forwarders, most of which are located in Dakota County, into a new development that would be exempt from state income tax, state sales and use tax, and local property tax (excluding land) for a 12 -year period beginning in 2007; and . WHEREAS, the City of Rosemount amended its land use plan to allow new development near the US Highway (Hwy) 52 and County State Aid Highway (CSAH) 42 interchange, and the City Port Authority and Council have identified 588 acres in this area as a potential IEDZ, within which the RDC would occupy an estimated 100+ acres; and WHEREAS, current property taxes (on land and improvements) for the proposed area are approximately $22,000, of which the County share is $4,500, and estimated property taxes (on improvements only) for a future 600+ -acre facility developed as an RDC,may be $7.1 million, of which the County's share is projected to be approximately $2.1 million/year; and WHEREAS, future tart losses for a smaller RDC -only facility, as based on a comparable 68 -acre site in Eagan (including land and improvements), are $201,948 per year, of which the County share is $60,584 per year; and WHEREAS, the economic impacts of relocating freight forwarders and up to 2,000 jobs from taxable properties in Dakota County to a tax-exempt facility in Rosemount are undetermined at this time; and WHEREAS, successful establishment and operation of the RDC would depend on upgrading the US.Hwy 52-CSAH 42 interchange, which is currently projected for 2013; and WHEREAS, the RDC will serve international businesses in the state and; therefore, it is an appropriate state expense to fully fund the US Hwy 52-CSAH 42 interchange upgrade; and WHEREAS, under Minnesota,Session Laws (2005 First Special Session, Chapter 3, Article 10), the City of Rosemount must submit with its application a resolution from Dakota County agreeing to exempt local property tax. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby agrees to consider support for the City of Rosemount's application for a Regional Distribution Center (RDC) as part of an International Economic Development Zone (IEDZ) contingent upon completion of relevant studies, including the Environmental Impact Statement (EIS), business plan, and a traffic analysis, which shall address these concerns: 1) Dakota County shall have input and involvement with the business plan scope and analyses, to include assessment of economic impacts. 2) The business plan shall specifically assess the impact of an RDC on livable wage jobs, affordable housing, and demand for County services. 3) The business plan shall assess the impact of freight- • forwarders relocating from Mendota Heights and Eagan to a tax-exempt RDC in Rosemount. 4) Studies shall include analyses of traffic impacts related to the RDC and IEDZ. ; and BE IT FURTHER RESOLVED, That the Dakota County.Board of Commissioners hereby agrees to consider support for the City of Rosemount's application for a Regional Distribution Center (RDC) as part of an International Economic Development Zone (IEDZ) under the following condition: Dakota County's share of property taxes shall be exempted for the RDC only and shall be limited to the 12 -year period expiring in 2019 as identified under state law. ; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby agrees to consider support for the City of Rosemount's application for a Regional Distribution Center (RDC) as part of an International Economic Development Zone (IEDZ) under these conditions: 1) 'The Cities of Mendota Heights and Eagan, where a significant concentration of metro area freight -forwarders are located,. submit a resolution of support for an RDC in Rosemount. • 2) Full financing for the upgrade of the US Hwy 52-CSAH 4.2 interchange, including the associated re -alignment of the 42/55 intersection, shall be identified and in place before construction of any improvements within the RDC or IEDZ. Build -out of the RDC and IEDZ shall be phased with timing of the interchange construction, to ensure that the interchange operates at acceptable levels as determined through engineering studies by the Minnesota Department of Transportation and Dakota County. 3) GMAFTZ demonstrates an ability to secure the necessary land. 4) Rosemount shall plat the land for the RDC/IEDZ, subject to the review of the Dakota County Plat Commission. 5) Facility security planning will include input from staff from Dakota County Risk Management and Homeland Security, Dakota County's Sheriff Office, and Dakota County Emergency Management. 6) Rosemount shall not designate the larger IEDZ surrounding the RDC as a Tax Increment Financing District, unless they reimburse Dakota County for the County's share of the local property tax. . Agenda Information Memo June 13, 2006, Eagan City Council Workshop V. INFORMATIVE UPDATE RE: CITY'S DEVELOPMENT DEPOSITS AND FINANCIAL GUARANTIES ACTION TO BE CONSIDERED: This is an informative/discussion item and no specific action is required. FACTS: At a recent City. Council Meeting staff was directed to provide an informative update to the Council regarding the City's use of development deposits (escrows) and financial guaranties. ➢ The City has a. long and successful history of using both development deposits and financial guaranties with minimal problems. ➢ The specific development deposits and financial guaranties currently in use are delineated and explained in the enclosed memo. ➢ Also included in the memo is information for future consideration regarding potential changes to the requirements for financial guaranties. ➢ No members of the development community have been given specific notice of this meeting or this agenda item. Consequently, if the City Council desires to make any public policy changes to current development deposits and/or financial guaranty policies and/or practices, it may be appropriate to provide additional direction to staff and to notice the development community of any potential changes which would then be considered at a subsequent meeting. ➢ Director of Administrative Services VanOverbeke, Director of Public Works Colbert, and Director of Community Development Hohenstein will be present at the meeting to answer any questions that the City Council might have during the course of the discussion. ATTACHMENTS: Enclosed on pages_ through_ is a copy of a memo from Director of • Administrative Services VanOverbeke providing background on this item. a-7 •Abe& - City of-Eap demo To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: June 5, 2006 Subject: City of Eagan Development Deposits and. Financial. Guaranties I am writing this memo to provide background information on the City's use of deposits and financial guaranties as they relate to development in Eagan. The current policies and practices have been developed and refined over a period of many years, including. some very high growth and intense development periods. In some cases the policies and practices result from challenging experiences and in some cases they were developed proactively to prevent problems. As is the case with most regulation, the current policies and practices related to deposits and financial guaranties work very well in general, providing adequate incentives for developers to ensure satisfactory compliance with conditioned approvals. However, due to unique circumstances the application of the policies and practices can be problematic from time to time when applied to specific development applications. Fortunately, those instances have been extremely infrequent in recent years. Development Deposits I don't believe this is an area of concern at this time, but, I am including it as background 'information to provide the complete frame of reference. The use of these deposits is consistent with the City's public policy practice of requiring developers/applicants to pay the cost of processing their applications and managing their developments as opposed to paying for .the development related costs through a general tax levy. The use of an initial deposit rather than reimbursement billing is designed to avoid the collection problems previously . encountered. Historically, it has been difficult to collect from developers/applicants after they have received their approvals. These deposits are non-interest bearing cash deposits that are used by the City to pay development related costs. They are not considered financial guaranties for the development itself. The City currently uses development deposits for the following types of applications, all of which are provided for through the implementation of the annual fee schedule adopted by the City Council. The required deposit amount • is also provided for in the fee schedule. Conditional Use Permit (CUP)* Comprehensive Plan Amendment Interim Use Permit (IUP)* Preliminary Planned Development* Variance Final Planned Development* Rezoning* Planned Development Amendment Contract Management (separate from rezoning) Preliminary Subdivision Waiver of Subdivision Final Subdivision Final Plat *(Rezoning, Preliminary, and Final Planned Developments, CUPs and IUPs do not require an additional escrow if incorporated with a subdivision application.) The agreements and deposits are incremental (e.g. there are separate preliminary design deposits and final design deposits for subdivisions to help with cash flow obligations of the applicants/owners). The deposits are used to pay City incurred out-of-pocket costs (e.g. the City Attorney, consulting engineers, etc.) and the cost of certain staff time, primarily employees that work directly on • the specific projects. General clerical, finance and accounting, and higher level administrative time is not charged to the deposits and is instead covered generally by the application fee. The requirement for the deposit and the use of the cash deposits are controlled by formal agreements signed by the applicant/owner. There are actually three different forms of agreements to make them more germane to the specific application. The signed agreements and deposits are a required element of a complete application necessary to commence the processing of the application. In the event the initial deposit and the subsequent required/scheduled deposits are not sufficient to pay all covered costs, invoices are sent to augment the amount available. Upon completion of the development or activity and, at such time as no additional costs are expected to be incurred, the remaining balances are returned to the applicant/owner who made the deposit. For deposit accounts with activity, a financial accounting is provided, on a monthly basis as well as each time a request for an additional deposit is made. The primary.issues that arise with the development deposits revolve around three areas. First, is the need to provide the City with upfront dollars (applicant cash flow). Second, in complicated or controversial projects requiring above average time or use of consultants City expenses will probably exceed the available deposits and there may be resistance or non -attention from the • C31 applicant in responding to the invoice to replenish the account. Finally, inexperienced or "do-it-yourself' developers or applicants also have a tendency to generate above average costs and are most likely to then complain about "the cost of development." Financial Guaranties Financial guaranties are cash collateral and/or letters of credit as approved by the City to guaranty compliance with the terms of the development contract. The guaranties relate to payment of real estate taxes including interest and penalties, payment of special assessments, construction of all improvements and payment of the cost of all improvements. The City's financial guaranties usually result from development generated by the approved applications covered in the section above. The public policy incorporating the use of the financial guaranties is to ensure the developer's obligation to perform and pay all related costs, and to ensure that all reasonable risks associated with the development remain with the developer/applicant per the terms of the development contract and none of them are allowed to be shifted to the taxpayers of the City. Calculation of Amount: The current development contracts (see final memo section for changes for consideration at some point) require the developer to furnish the City with a financial guaranty from a bank or lending institution acceptable to the City. The • total amount of the financial guaranty is calculated by adding the required guaranty for each different improvement type (A, B, & C) noted as follows: A — Improvements (Included in most developments — Financial guaranty isl00% of estimated costs for each of the following types of obligations that are relevant to a particular development) Street Identification/Traffic Control Signs Street Lights Lot Corners Subdivision Monuments Mail Box Support Structures Landscape Buffer Erosion Control RNV Grading Restoration B — Public Improvements (Infrastructure to be installed privately, but publicly owned and maintained — Financial guaranty is 60% of the estimated costs for each of the following types of obligations that are relevant to a particular development) (Also results in a contract management deposit requirement based on total estimated improvement costs— see above deposit section) Watermain Lateral With services • Sanitary Sewer Lateral With Services Trails Storm Sewer Streets As Builts Legal, Financial and Engineering C — Public Improvement Proiect (Infrastructure to be installed by City contract and publicly owned and maintained — Financial guaranty is 2 to 3 times the amount of the estimated assessments) (Quite infrequent at this stage of Eagan's growth cycle) Potential City Use of Financial Guaranty: The breakdown of estimated costs among the improvements is for historical reference and does not limit the use of the financial guaranty. The City may draw down the financial guaranty to pay for all costs and expenses incurred by the City to enforce the development contract including the costs incurred by the City to collect on the financial security. The costs also may include any remediation or completion of improvements. The financial guaranty may be fora stated term provided it. is automatically renewable. There are also provisions in the agreement on how the financial guaranty may be used for claims received by the City from subcontractors or materialmen that work required by the contract has • been performed and money due them has not been paid. Release of Financial Guaranty: Since this is a guaranty and not a deposit to cover City costs, the guaranty will be incrementally released, in its entirety over a period of time, if the developer performs as agreed. The release of the financial security is also controlled by the development contract as follows. Periodically upon the developer's written request and upon completion and verification of satisfactory compliance or final approval by the City of any installed improvements, or the payment of special assessments levied in connection with the public improvement project, a like percentage of that portion of the financial guaranty covering those specific improvements or public improvement project may be released. However the final twenty percent (20%) of the financial guaranty, shall be held until a final acceptance (by the City) of all required development contract requirements. Upon the issuance of a certificate of occupancy for a building in the subdivision, the developer upon written request may obtain a release of the financial guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the public improvement project. At the time of final inspection of all improvements, if it is determined by the.City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the developer post a cash escrow equal to, one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain. in force for such time as the City deems necessary, not to exceed five (5) years. Attached to this memo as Exhibit A is an example of the dollars related to the above types of improvements (A & B — no Public Improvement Project Assessments) for the Steeplechase of Eagan development., Potential Changes For Subsequent Consideration With Financial Guaranties While not directed for review by the City Council with the update on financial guaranties, the appropriateness of a formal policy requiring the financial guaranties to be issued by a bank, savings association or credit union that is licensed to conduct the business of making loans or extending credit within the Sate of Minnesota is still an outstanding issue. The following chronology provides an update on previous consideration: • In June of 2005 the City Attorney's Office wrote a memo suggesting that the City adopt a formal policy to avoid ambiguity. The proposed formal policy would provide that the City would only accept a letter of credit/financial guarantee from a bank, savings association or credit union that is licensed to conduct the business of making loans or extending credit within the State of Minnesota and that has a business office for • presentment of the letter of credit within the Minnesota seven -county metropolitan area. If the bank, savings association or credit union does . not have a business office for presentment of the financial guarantee within the Minnesota seven -county metropolitan area, the financial guarantee must state that it may be accepted via facsimile. • On July 5 the City council approved the creation of the policy as a consent agenda item. • Subsequent to this action the City was contacted by Mr. Bob Machacek representing Lakeland Construction Finance, LLC objecting to this sort of policy. This firm has been providing the financial guaranties for the Manley projects in Eagan. • On November 1, 2005 the City Council took action to direct the issue to the Finance Committee and to date it has not been scheduled. The Cities of Lakeville and Shakopee have both recently approved ordinance amendments requiring .that "Letters of credit must be from a state or federally chartered bank or savings and loan association, insured by the Federal Deposit Insurance Corporation, that has an office in the State of Minnesota or a subsidiary of such bank or savings association with an office in the State of Minnesota". The final decision as to whether or not to proceed with this option as suggested • by the City Attorney's Office and City staff is a matter of public policy for.the City Council. The conclusion must balance the fact that nothing bad (no defaults by the non-financial institutions) has happened to date against the possibility that • something unfortunate could happen with future development. The desired outcome of the change would be to reduce City risk over the long-term; however, in the short-term it may generate objections from certain non-financial institutions and/or developers. This memo has been reviewed by City staff familiar with the operational details as well as the overall public policy issues related to deposits and financial guaranties to ensure that it accurately reflects current policy and practice. Director of Public Works Colbert, Director of Community Development Hohenstein, and I are all available to discuss the material or to provide any additional information that might be desired either in advance of the City Council meeting or in response to the Council discussion. Dired'Mof Administrative Services VanOverbeke cc: Director of Public Works Colbert Director of Community Development Hohenstein 33 Exhibit A Financial Guaranty Example -- Steeplechase of Eagan A - Improvements B - Public Improvements Total Description Amount Description Amount* Street Identification/Traffic Control Signs $ 3,500 atermain Lateral with Services $ 90,846 Street Lights 48,000 Sanitary Sewer Lateral with Services 95,804 Lot Comers and subdivsiison monuments 8,400 rails 3,750 Mail Box Support Structures 9,500 Sanitary Sewer Lift Station 70,416 Erosion Control 94;750 Storm Sewer 104,258 RNV Gradin 36,000 Streets 272,631 Restoration 107,450 s Builts 12,000 Landscaping 38,770 Le al, Financial and Engineering 194,925 $346,370 $844,630 $1,191,000 Maximum Amount Available for Early Release - 80% $ 952,800 mount Retained Until Final Acceptance - 20% $ 238,200 * Each dollar amount is shown at 60% of the estimated cost. • Agenda Information Memo June 13, 2006, Eagan City Council Workshop VI. 2007 GENERAL'FUND BUDGET UPDATE ACTION TO BE CONSIDERED: This is an informative/discussion item and no specific action is required. FACTS: ➢ In early April staff began the 2007 budget process and Department Directors are preparing 2007 budget proposals for the various departments and divisions. The proposals are due to the City Administrator by June 16, 2006 and will be reviewed in meetings in June and July. Depending on the workloads and other priorities,. review with the City Council is expected to formally be undertaken in August.. Consistent with past practice and as a starting point, Directors have been instructed to target an inflationary 3%increase in each division or department. Although a reasonable target, due to unique circumstances it is unlikely that all budgets can realistically be proposed at that level. Therefore, Directors have been asked to outline resource requirements to maintain current service levels and to adjust for budgetary items that fluctuate from year to year. This budget cycle is incorporating the beginning steps of a process of enhancing the budget to become a better and more comprehensive planning, policy, and communications tool. The desired enhancements are consistent with recommendations of the Government Finance Officers Association and are generally accepted by practitioners and governments as appropriate objectives. While the old budget process and book have served the City well for years, it is important to take the document to the next level. ➢ Consistent with past practice, public policy issues and options will be highlighted for City Council consideration in the draft budget. Any adjustments or changes to programs. with service level or budgetary implications will be called out and background information and justification provided as the budget preparation proceeds and in the draft document. The new budget submittal format and forms will better allow Finance and Administration to present highlights and.public policy considerations in a concise and consistent manner to the City Council. The 2005-2006 City Council goal to "research and pursue opportunities for improved service delivery to best meet the, current and future needs of the community, recognizing the constrained fiscal environment in which the City operates" continues to be foremost as a premise upon which the work to build the 2007 budget is based. ➢ Even though there was no financial assistance provided, since the State Legislature has completed its work, some of the uncertainty associated with previous year's budgeting is eliminated for at least this one cycle. For the last couple of years the budget has been prepared without the benefit of knowing whether or not the State would provide funding of the Market Value Homestead Credit and whether or not formal levy limits or any other types of limitations on local control would be implemented. ➢ Except for an earlier start to allow for the changing format, the overall budget calendar for preparation of the 2007 budget is similar to previous years and significant dates are as follows: April 11, 2006 April 11— June 16 June 16 — Late July to early August August September 15 Early. December Mid -December ATTACHMENTS: (None) Budget kickoff meeting Department Head budget preparation Finance Department completes revenue estimates Budget meetings with budget team and departments are held City Administrator's recommended budget is prepared Special City Council meeting(s) on 2007 budget Preliminary levy is certified to the County Truth -in -Taxation public hearing Final 2007 budget and levy are adopted by the City Council Agenda Information Memo June 13, 2006, Eagan City Council Workshop VII. PIGEON HARBORING LICENSING ORDINANCE ACTION TO BE CONSIDERED: To provide direction to staff and the City Attorney's office regarding preparation of a revised ordinance regarding issuing licenses for the harboring of pigeons. FACTS: ➢ On February 21, 2006 the City Council denied a license for the harboring of pigeons at -3880 Princeton Trail and directed the removal of the pigeons within 60 days. The Council further directed the preparation of an ordinance, amendment that would restrict the harboring of pigeons to agricultural districts provided that the property is five or more acres in size. ➢ Before consideration by the City Council the application had been in process from late 2005 as the applicant made changes to the structure in the yard and • attempted to come into compliance with the various Code requirements for the issuance of a license. ➢ The proposed ordinance amendment was considered on March 6, 2006 and continued until such time as more information could be gathered and discussed by the City Council at a workshop. ➢ Rather than remove the pigeons as directed the applicant at 3880 Princeton Trail has continued to work on coming into compliance with the existing Code requirements so he can reapply for a license. It appears unlikely that this applicant will get into full compliance as birds continue to be observed perching on neighboring property. ➢ The pigeon owner who appeared at the March 6 meeting in opposition to the proposed new ordinance has also not completed a pigeon harboring license application as his location does not meet the current requirements in terms of land use and related property/structure issues. The applicant has expressed his intentions of applying for variances to the accessory building code to allow for his coops. _Based on the advice of the City Attorney's Office, staff recommended and the • City Council approved a moratorium ordinance on May 26, 2006 prohibiting 3q,1 consideration of the issuance of pigeon harboring licenses until September 30, • 2006 or such sooner time as the City Council may determine. ➢ A meeting with a representative of the 3880 Princeton Trail applicant has been held to inform them of this City Council meeting and of the continuing problems in the neighborhood with the harboring of pigeons. ISSUES: ➢ The harboring of pigeons in relatively densely populated residential areas with relatively small lots appears to be accepted in certain cities and the licensing of same, subject to certain other conditions, seems to reflect the position of the organized pigeon clubs. ➢ The harboring. of pigeons at 3880 Princeton Trail has created numerous problems in the neighborhood that have not been corrected despite the owner's efforts to bring the activities into compliance with the current City Code. ➢ City staff is not aware of problems created with the harboring of pigeons at the Pilot Knob site where the owner has expressed his intentions to apply for a pigeon harboring license. ➢ Staff has not discovered an objective way at this point to measure the impact/relationship between property size and location and the management of the site and the pigeons. Consequently, it is difficult to determine whether or not licensing at a particular site will lead to neighborhood problems. ATTACHMENTS: (New Information) Enclosed on pages - through % is a copy of a memo dated April 24, 2006 from Director of Administrative Services VanOverbeke summarizing the research into pigeon harboring licensing ordinances .in other communities. Enclosed on page is a copy of a letter dated May 19, 2006 to Mr. Eric Drenckhahn informing him of this meeting and asking for copies of any material he desired to have presented to the City Council. Enclosed on pages_ through is a copy of the material subsequently supplied by Mr. Drenckhahn. Enclosed on page is a copy of the letter sent to the petitioners and other interested parties in the general area of the previously declined application for Mr. Dao at 3880 Princeton Trail. 0 Wal Enclosed without page number is a DVD and other written material submitted by Mr. Drenckhahn with a cover letter dated April 2, 2006. (Summarized in his cover letter.) The following information as been provided to the City Council previously: (Staff apologizes for the volume of information;, it is provided as a courtesy in case it is referenced or asked about by a stakeholder in this discussion.) Enclosed on pages Jt through /,S:R— is a copy of all material previously submitted on this issue relating primarily to the application for issuance of a license to harbor pigeons at 3880 Princeton Trail and to the proposed ordinance amendment that. would have limited license issuance to agriculturally zoned properties of at least five acres. Photos have not been copied and redistributed again. 3�j • City of Eap Nene To: I City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: April 24, 2006 Subject: Pigeon Ordinance In order to assemble information to provide options to the City Council for their review and consideration of changes to the City's regulating the harboring of carrier pigeons I have reviewed ordinances from the Cities of White Bear Lake, Shoreview, Minneapolis, and St. Paul and compared them to Eagan's current City Code provisions. The information is based on my understanding of what the codes say which may be subject to various interpretations at specific cities. The material is assembled in the attached matrix. I have arranged the information in. the following general categories and list some • .observations about the various code provisions and the potential impact of options within each category, if appropriate. Piaeon Definition Each cityseems to be regulating the same bird or types of pigeons, although they may use different names. Each is fairly well defined and in total encompasses the issue. Some codes define "maturity" and others do not, although I don't believe that is a substantive issue. License/Permit Each city issues either a license or a permit upon approval and all are annual. Zoning/Neighbors Four of the five ordinances are silent regarding the type of zoning while Shoreview is limited to residential zoning districts and requires the pigeon owner to reside on the premises, thereby eliminating absentee pigeon owners as permit holders. Both Minneapolis and St. Paul require the consent of a percentage of neighbors within a certain prescribed distance as a condition of City approval. That appears to be a method of dealing with neighborhood concerns and operations and seems to deflect the issue from the elected officials to the neighborhood. All codes are silent on the pigeon owner and property owner, being the same person. Including that type of restriction would eliminate a rental • situation by the pigeon owners. • Loft -Construction In general communities enforce their development, land use controls, and building construction requirements as a consideration for a pigeon harboring permit. Eagan's Code already appears to be among the most stringent as to size, location, and required floor space for the loft(s). Loft -Maintenance Cities attempt to control the on-going condition of the loft through requirements for cleanliness and control of rodents. Loft maintenance along with off -premises pigeon perching and lingering appear to be of the greatest concern to become nuisances and are probably the most difficult to enforce without a committed pigeon owner and a potentially fairly constant City inspection program of some sort. Minneapolis and St. Paul have more written information; however, the. overall intent appears to be consistent in all the cities. Piaeons — Number & Requirements Eagan and White Bear Lake both limit the number of pigeons to 100 while the other three cities are silent on the number. The others do require a number to be reported as part of the application; however, and may have some administrative limits that are not clear in the material I reviewed. In addition Eagan and White Bear Lake require that the pigeons be registered. Again, it is not clear if that requirement is used in the other three cities. • Feed-Storaae Four of the five cities require steps to make sure the food is stored, in containers to protect against rodent or vermin infestation. St. Paul makes no mention, but I would expect it becomes a condition at some point. Feed-Feedina Eagan, White Bear Lake, and Shoreview require the pigeons to be fed in the loft. Minneapolis and St. Paul are silent on the feeding location. Exercise/Flvina Minneapolis makes no mention of keeping the pigeons in the loft. The other four I ities require that the birds stay in the loft except for exercise, training, and competition. St. Paul limits the times out of the loft to two different two hour periods selected from two four hour periods. Eagan and Shoreview allow no flying within eight hours of feeding. Eagan and Shoreview also prohibit the birds from perching or lingering on buildings, trees or other objects located off the -- premises. • Plaeon Owners White Bear Lake has a provision requiring that only the pigeon owner can release the birds and that the owners must be members in good standing in an organized pigeon club. Issuino Authority The City Council issues the permits in Eagan. White Bear Lake's information is silent on the issuing authority. In Shoreview the City Manager issues the permits with any desired appeal available to the Planning Commission and then the City Council. Minneapolis and St. Paul permits are issued by specific offices and it is in these two cities where the greatest discretion and most administrative control appear to exist. Conclusion The intent of these ordinances is to permit the keeping, maintenance, and flying of certain registered pigeons as a recreational sport and hobby, subject to regulation. The various regulations attempt to balance the permitted activity against it becoming a nuisance and detrimental to the public welfare. I did not come across anything in my review that really instructs the question as to what would be best for Eagan. Cities are clearly trying to protect the health and welfare of their communities thorough controlling the construction of the loft(s), proper maintenance of the loft(s), and proper owner control and limitation • on the flying of the pigeons. Any problems would seem to revolve around responsible ownership and is reliant on permit holders who are committed to operating by the requirements. With permit holders who are not committed to operating by the rules, the potential exists for the permitting to become a significant enforcement issue for the City which may eventually result in the non - issuance, revocation, or non -renewal of permits. A new ordinance and revised City Code for Eagan ultimately should result from the City Council deciding on the public policy issues and determining the appropriate balance between the practice of the hobby, etc. and the potential for neighborhood problems. A wide range, but not necessarily exhaustive list of options may include the following: 1. Leave the City Code as it is and review applications and issue or deny permits as applications are received. 2. Change the Code to allow the harboring of pigeons only on agricultural zoned properties. Perhaps a grandfathering clause could be added to allow for the one potential license on residentially zoned property of which we are now aware. _Fa 3. Add a requirement that the owner(s) show proof that they are a member in good standing of a pigeon club (could be local, state or national or some combination) to raise expectations, demonstrate commitment to the sport(s), and to help with peer enforcement. 4. Add a requirement that the property owner and pigeon owner be one and the same person. In other words, renters would not be eligible to obtain permits to harbor pigeons. 5. Include some sort of neighborhood consent to. the approval process. Adding number 3 and/or number 4 to Eagan's current Code would be one possible solution that would allow pigeon harboring in all residential zoning districts assuming all of the other requirements could be met. Please let me know, if you would like to discuss this information or if you would like anything else presented. Unless I am otherwise directed, I expect to do no additional work on the potential ordinance at this time and will assume this material will be presented to the City Council for the June 13, 2006 workshop. Dire r f Administrative Services VanOverbeke cc: Director of Community Development Hohenstein Administrative Secretary/Deputy City Clerk. Pepper • rib! Page 1 • • 04,2006 Description Eagan White Bear Lake Shoreview Minneapolis St. Paul Definition Carrier Pigeon Racing Pigeon Racing Pigeon Racing Pigeon Homing and Racing Fancy Pigeon Fancy Pigeon Homing Pigeon Sporting Pigeon Sporting Pigeon LicenselPermit Permit Required -annual License/Permit-annual License -annual Permit4nnual Permit -annual Conditional Specifications: Zoning/Neighbors No loft shall be within Lofts in rear yard only and at License holder must reside on Requires consent of 80% of Requires consent of 75% of 25 feet of any inhabited dwelling least 50 feet from adjacent the premises neighbors within 100 it of neighbors within 150 ft of habitable structures Property zoned RE, Residential property where pigeons will property where pigeons will be Estate or R1, Detached be kept kept Not kept in such a manner as to Residential - constitute a nuisance to the Property cannot contain more occupants of adjacent property than three dwelling units Loft Construction Construction and location shall Minimum of one square foot. Must meet most requirements Requires appropriate fencing and Constructiomand maintenance be in conformance with City of floor space in loft per bird concerning accessory structures security issues to prevent of holding facilities must comply building and zoning regulations and applicable building codes accidental release with applicable rules, regulations, Size of loft must meet City's ordinances and statutes No more than 2 lofts accessory structure ordinance Setbacks depend on specific Proper construction materials 24 x 12 x 14 feet maximum each circumstances so it can be maintained in a clean Owner must demonstrate condition appropriate holding area, capable Each loft shall have at least Minimum of one square foot of of containing the animals two square feet of floor space floor area in loft for each per mature pigeon kept therein mature pigeon Maintenance Clean and sanitary lofts Clean premises -Loft and Clean and sanitary lofts Accumulation of fecal material Flies, rodents and noxious odors Removal and disposal of pigeon surroundings cleaned daily or bedding which is laden with shall be controlled waste weekly or more often as waste will be deemed to be an necessary Loft must be rodent proof unacceptable level of Facilities and grounds in a clean maintenance and sanitary condition and in good repair Page 2 April 14, 2006 Description Eagan White Bear Lake Shoreview Minneapolis St. Paul Maintenance Unconsumed food cleaned up (Continued) and removed daily Free of fecal matter and collected fecal matter shall be properly Droppings must be cleaned up stored and disposed of - removed daily, stored, and disposed of at least once each week properly Rodent control measures must Premises must be free of rodents be instituted when indicated and vermin Housing, general yard area, and the premises must be maintained in a clean and sanitary condition and free from odors at all times Pigeons -Number & Requirements No more than 100 pigeons over Not more than 100 birds 3 months of age Pigeons must be registered Permit issuance requires verification of pigeon reistration. Feed Storage Feed stored in containers to All food stored in rodent proof Food stored In containers to Food stored in containers to protect against rodent and vermin container prevent rodent and vermin prevent rodent intrusion infestation intrusion Feeding Must be fed within loft Fed within confines of the loft Fed in confines of the loft Exercise/Flying Confined to loft except for Confined to loft except for Confined to loft except for Pigeons may be allowed to fly for limited periods. necessary for exercise, performance, training, limited exercise, training, and a period not to exceed two hours - exercise, training, and or return from areas outside city competition — cannot be released may take place once between competition — cannot be released for flying within eight hours of 6:00 a.m. and 10:00 a.m. and for flying within eight hours of feeding once between 3:00 p.m. its feeding and 7:00 p.m. Page 3 • s 4. 2006 Description Eagan White Bear Lake Shoreview Minneapolis St. Paul Exercise/Flying No pigeon shall perch or linger No pigeon shall perch or linger (Continued) on the buildings or property of on buildings or trees, or other others objects located off the premises. Pigeon Owners Only pigeon owners can release - owners must be members in good standing of organized pigeon club Issuing Authority City Council City Manager approval Issued by Commissioner of Office of Licenses, Inspections Notice of intent to property 150 Health - may prescribe general and Environmental Protection feet of perimeter of the property conditions and specific may add other restrictions and conditions to a particular conditions Appeal to Planning Commission animal or fowl or a particular and City Council premises City. Council may add reasonable conditions for compatibility with Isurrounding residential uses Pat Geagan MAYOR Peggy. Carlson Cyndee Fields Mike Maguire Moo Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth In our community. May 19, 2006 Mr. Eric Drenckhahn 2811 Pilot Knob Road Eagan, Minnesota 55121-1121 Re: Pigeon Harboring Licensing -- Ordinance Amendment Dear Eric: As we discussed in our telephone conversation yesterday morning, I am sending you a copy of the background material regarding the Pigeon Harboring Licensing -- Ordinance Amendment that I have prepared at the direction of the City Council. A Special City . Council meeting is scheduled for June 13, 2006 at 5:30 p.m. at City Hall and the ordinance amendment is scheduled for discussion at that meeting. I would very much appreciate your reviewing the material and responding to me, hopefully in writing, if you have any concerns, questions, or want to add any additional material that you feel should be forwarded to the City Council. I am in receipt of the material you submitted earlier to Jon Hohenstein and will include that in the packet distribution. The .discussion at the meeting on the 1 e will be much more efficient and productive if we can provide all of the background information to the City Council for theirreview in advance of the • meeting. I would also like to invite you and any other appropriate Pigeon Organization representatives to attend the meeting to answer any questions that the City Council might have during the course of their discussion. Since I do not have contact information, I ask that you invite the representatives as you feel is appropriate and helpful. The City Council desires to develop a revised ordinance that respects both the interests of responsible pigeon owners and other citizens of the community. We appreciate your willingness to assist in this process. I will be serving as the main City contact in -regard to coordinating the consideration of the ordinance amendment so please call me (651-675-5016), email me (avanoverbekeO-cityofeasaan.com), or send any additional written material to me. The Community Development Department will process the required land use variance applications at the appropriate time. Sincerely, E. J. VanOverbeke Director of Administrative Services cc: City Administrator Hedges (w/o enclosures) Director of Community Development Hohenstein (w(o enclosures) Enclosures Eric Drenckhahn 2811 Pilot Knob Road Eagan, Minnesota 55121-1121 (651) 405-0338, Q� a� City of Eagan O� E. J. VanOverbeke 3830 Pilot Knob Rd / Eagan, MN 55122-1810 May 29, 2006 Dear Gene: Thank you for requesting my input in drafting an. Ordinance for the Keeping of Pigeons in the City of Eagan. • I have attached a' Model Ordinance' from the American Racing Pigeon Union (AU) that is used by many cities, as -is, across the United States. While much of it is similar to what Eagan currently has, there are some differences. It was also included in the information packet that I had distributed previously. Definition and Maturity Currently Eagan does not have a definition of what is a "Mature Pigeon" is. The AU defines it as birds over the age of 6 months. While it is almost impossible to tell the exact age of a particular bird without looking at loft records, most pigeons banded with a current year band would probably be considered mature at the end of the Year. If a bird has a previous year's band, it would be considered mature. _ Eagan could add this as part if their definitions. License/Permit I believe that the City Staff can do an adequate job of issuing permits for pigeons. Involving the City Council may be a bit of overkill for the permit process. Zoning/Neighbors While I am not concerned about any requirement for specific zoning, I feel that the permits should • be issued to residential areas. I am not sure if any commercial businesses would ever be involved in racing pigeons. I also believe that if an individual is on a lot either zoned agricultural or in excess of 5 acres, no permit should be necessary. What can/should be done for an individual that has a few pigeons to train a dog? I do not think itmatters if the resident is a renter or owner. Having several rental properties • myself, I feel that should be an issue between the renter and the landlord. The AU ordinance does not mention any zoning requirements. I am not too concerned with any consent process, but I do feel that it complicates matters a bit. No consent process is used for other animals or children, which could be an even larger impact on the neighborhood. Other than the above concerns, limiting pigeon permits to residential zoning areas should not cause difficulty. Loft. Construction I believe that the current Eagan ordinance covers this adequately. If the buildings are constructed of maintenance -free materials, it is not an issue. Loft Maintenance The AU Ordinance states, "The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city." I believe this to be adequate. Pigeons — Number and Requirements The AU does not specify any limit of birds. The limit of 100 pigeons is not an issue, providing that any count is done in the late-fall/early-winter of the year, after the Young Bird Racing season. • An ideal time for any counts if they are even necessary is in November/December timeframe. Most fanciers will breed extra birds due to losses as a result of hawks and the ability to allow birds to rest between rigorous races. A smaller team may be raced too heavily. The AU ordinance states, "There shall be a least one (1) square foot of floor space in any loft for each mature pigeon kept therein. Eagan currently requires two square feet. While I personally strive for even more in my own lofts, I believe that this should be changed to meet the AU requirements. Feed -Storage The AU ordinance states, "All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin." I belive that all open bags of feed should be in some sort of container. Eagan could add this as a requirement. Feed -Feeding The AU ordinance states, "All pigeons shall be fed within the confines of the loft. This is consistent with the current ordinance and should remain. Eagan has the additional requirement of "provided no carrier pigeon shall be released for flying within eight hours of its feeding." The AU Ordinance requires 4 -hours. This is a more acceptable figure, although it is a relatively difficult policy to enforce. • Exercise/Flying The AU Ordinance states, "All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch �9 • or linger on the buildings or property of others." This is similar to the existing ordinance and I believe it to be adequate. The AU Ordinance states, "Pigeons will not be released for flying which have been fed within the previous 4 hours." Pigeon Owners I do not think that restricting only the owner from releasing birds serves any purpose. In some areas, a "Loft Manager" is used to train and take care ofthe birds. Issuing Authority I believe that City Staff can do an adequate job of issuing permits. Perhaps the City Council can be used for appeals for denied permits, but I do not think the issuing of permits should be a burden on the City Council Conclusion I would recommend the City of Eagan adopt the AU Ordinance in its entirety, unchanged. This would satisfy many of the concerns and implement many of the recommeendations made above. As a simple alternative, keep the existing ordinance but add'the requirements: • ✓ "The owner of the pigeons must be a member in good standing of an organized pigeon club." ✓ "Pigeons shall be banded and registered with one of the national pigeon associations/registries." While I do not think that there are a large number of people that will be applying for a Pigeon Permit, I would be more than pleased to be part of any inspection commission that the City may decide to setup. I am also extending an invitation to visit my loft for a better understanding of how pigeons -can be kept and raced in a clean and unobtrusive environment. Sin c Drenckhahn "Homing Pigeons Perceptions vs Reality" • From The Avian Assitance Council and The American Racing Pigeon Union, Inc. MODEL ORDINANCE ( contained in the Appendix of the above named pamplet supplied by the American Racing Pigeon Union, Inc. ) INTRODUCTION The following "Model Ordinance" has been prepared by the Avian Assistance Council under the auspices of; and with the financial assistance of, the American Racing Pigeon Union. Neither the Avian Assistance Council or the American Racing Pigeon Union assume any responsibility or liability with regard to accomplishing particular objectives for a specific pigeon fancier through the use of the form suggested in this model ordinance. Further, no form should be relied upon without qualification. Each provision appearing in the form should be carefully considered in connection with the circumstances of the particular pigeon fancier and the community he resides in. Other provisions should be included if required by rule, ordinance or custom Even though the ultimate responsibility for the preparation of the ordinance rests with the fancier or his attorney, a member of the Avian Assistance Council will be pleased to discuss with the fancier or the attorney particular situations and offer practical suggestions for consideration in preparing the proposed ordinance or amendment. i be ed i should create b • If an ordinance s going to pass t s o c ea e a balance between the needs of the fancier and the concerns of the public. The Avian Assistance Council believes that the standards and the enforcement provisions in the proposed ordinance are reasonable and necessary for an impartial, balanced ordinance. To propose an ordinance with weak or no enforcement provisions will invite outright rejection by local government staff, or unreasonable enforcement provisions. We believe that it is to our advantage to prevent the keeping of pigeons in unsanitary conditions by unscrupulous fanciers who fail to maintain adequate controls. The proposed ordinance should accomplish this without unreasonably interfering with the keeping of pigeons by conscientious fanciers. • ORDINANCE NO. AN ORDINANCE OF THE CITY (TOWN, TOWNSHIP, VILLAGE, ETC.) OF , AUTHORIZING THE KEEPING OF PIGEONS, PROVIDING FOR ISSUANCE OF PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS it is the purpose and intent of this ordinance to permit the keeping, maintenance and flying of certain registered pigeons as a recreational sport and hobby, subject to regulations hereinafter set forth, and WHEREAS the keeping, breeding, maintenance and flying of fancy; racing and sporting breeds of pigeons, as defined herein, is determined not to be a nuisance and is a wholesome activity, not detrimental to the public welfare, if regulated as hereafter set forth, and WHEREAS it is recognized that the keeping, breeding, maintenance and flying of such pigeons is now mainly engaged in by members of local, district and national organizations, and such persons keep their pigeons in suitable permanent structures constructed and maintained for such purpose, and keep such structures in a clean and sanitary manner, and do not permit their pigeons to remain. at large in the community in such manner as to disturb their neighbors or to prevent the full enjoyment of property rights by their neighbors, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF • AS FOLLOWS: SECTION 1. DEFINITIONS: A. "Pigeon" means a member of the family Columbidae, and shall include "Racing Pigeons", "Fancy Pigeons" and "Sporting Pigeons" as defined in this ordinance. B. "Racing Pigeon" means a pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeon Fanciers. Also, commonly known as Racing Homer, Homing Pigeon, or Carrier Pigeon. C. "Fancy Pigeon" means a pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples: Fantails, Pouters, Trumpeters. D. "Sporting Pigeon" means a pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers. E. "Loft" means the structure(s) for the keeping or housing of pigeons permitted by this ordinance. F. "Mature Pigeon" means a pigeon aged six months or older. • G. "Owner" means the owner of Pigeons subject to this ordinance. SECTION 2. CONDITIONS: The keeping, breeding, maintenance and flying of pigeons shall be permitted on the following conditions: A. The loft shall be of such sufficient size and design, and constructed of such material, • that it can be maintained in a clean and sanitary condition. B. There shall be a least one (1) square foot of floor space in any loft for each mature pigeon kept therein. C. The construction and location of the loft shall not conflict with the requirements of any Building Code or Zoning Code of the city. D. All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin. E. The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city. F. All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others. G. All pigeons shall be fed within the confines of the loft. H. No one shall release pigeons to fly for exercise, training or competition except in compliance with the following rules: (1) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare. Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood. (2) Pigeons will not be released for flying.which have been fed within the previous 4 hours. • I. Pigeons shall be banded and registered with one of the national pigeon associations/registries. SECTION 3. PERMIT: On application signed by the owner, on such form as shall be provided by the city, wherein the owner shall certify that his loft(s) comply with applicable building and zoning codes, and upon payment of a fee of $----, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked, or unless the use of the loft be discontinued for a period of one year. SECTION 4. RIGHT OF ENTRY FOR INSPECTION: The Animal Control Officer may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this ordinance. SECTION 5. VIOLATION AND PENALTIES: When the Animal Control Officer finds a violation to have occurred, the officer shall give written Notice thereof to the owner. If said violation is not remedied within ten (10) days, the Animal Control Officer may issue a citation to appear in municipal court to answer the charges stated thereon. Any owner found violating any of the provisions of this ordinance shall upon conviction be guilty of a misdemeanor punishable by a fine not to exceed the sum of $100.00. Three convictions within eighteen (18) months shall result in the revocation of the permit. . 0 SECTION 6. EFFECTIVE DATE: This ordinance shall take effect (month, day, year). PASSED by the (City Council, Town Council, City Commission; as appropriate) this day of , • June 5.,, 2006 NAME STREET ADDRESS CITY, STATE, ZIP CODE Re: Issuance of Licenses for the Harboring of Pigeons Dear I am sending you this letter as a petitioner or interested party to make you aware that the City Council will be discussing potential changes to the City Code regarding the issuance of licenses for the harboring of pigeons. The item is on the agenda for the Special City Council Meeting which begins at 5:30 p.m. on Tuesday, June 13, 2006 in the Eagan Room at City Hall. Since you have previously been involved with this matter and have expressed a desire to be informed of subsequent discussions, I am sending you this notice and inviting you to attend the meeting, if you so desire. Please be advise I however, that the City Council will only be considering potential changes to the current City Code provisions. This meeting is not scheduled to be a public hearing to discuss the merits of issuing a license to any particular applicant at any specific property location. The City Council will be provided with copies in advance of the meeting of all material previously submitted on this issue. If the petitioners would like to address the City Council regarding the elements of a proposed ordinance amendment, it would be most efficient to designate a spokesperson for the group. Thank you for your continued interest in this matter, please contact me at 651- 675-5016 or by email at gvanoverbeke@cityofeagan.com if you have questions or would like to submit additional material in advance of the meeting. Sincerely, E. J. VanOverbeke Director of Administrative Services cc: City Administrator Hedges Director of Community Development Hohenstein February 9, 2006 Eagan City Council Attention: Michael Ridley Planning Commissioner 3830 Pilot Knob Road Eagan, MN 55122 In Re: Application for Pigeon License at 3880 Princeton Trail Dear Mr. Ridley, Mayor Geagon, and Members of the Eagan Council: I had the opportunity to view the portion of the City Council's Meeting from February 7, 2006, as it pertained to "New Business" and am writing to address specifically Council Member Peggy Carlson's question, as well as anyone else's concern, as to what specifically are the objections to Mr. Dao's application to obtain a permit or license for pigeons. This letter assumes that you have already received and read a copy of my letter dated January 30, 2006, with enclosures about the destruction to property caused by pigeons, the diseases that they can transmit to humans, the necessary precautions necessary to protect property where pigeons live in order to mitigate not only the hazards to surrounding property, but people as well. In addition, I submitted photographs of the first coop Mr. Dao built and placed in his backyard and where his pigeons have been • harbored until last week, as well as the most current one where the pigeons have been replaced. First, let me state that I live next door to Mr. Dao and it's my recollection that his first coop went up last Spring, 2005. The first coop constructed stood well over eight months. is in violation of the City Code. The pigeons that Mr. Dao has kept in that non- conforming detached building, have been unauthorized. Thus, my neighbor has demonstrated non-compliance with the City Code for the past eight months, and continuing. Mr. Dao's action have been in violation of 10. 12, Subd. 7, C and E. 3. Second, Mr. Dao was asked to have the first coop dismantled completely by February 6, 20064 and his Application for a permit/license was scheduled to be heard by the Council at its February 7 meeting. Mr. Dao failed to comply. Therefore, he continues to be in violation of the City Code for harboring pigeons without a license, which he has done since last Spring. And, necessarily his Application for a permit/license was postponed. I understand that Mr. Dao is requesting a permit for six pigeons. Last summer and fall I saw more than six pigeons in Mr. Dao's yard, and would estimate that anywhere between 15 and 20 pigeons were flying from Mr. Dao's property and the comer property directly north of his'at 3874 Princeton Trail. My estimate is a conservative number. Last summer and fall before winter set in, I often witnessed the pigeons perched on the roof of this corner house. This is in violation of 10. 12, Subd. 7, E.3(h) of the City Code which says "No pigeon shall perch or linger on the buildings or property of others." The reason for this restriction in the City Code is self-evident.0' In reviewing Mr. Dao's Application for six pigeons, several questions arise. When were the birds identified as indicated in his Application? Was this done last summer when the pigeons were purchased by Mr. Dao and placed in his non -conforming coop? Probably not, because he failed to make Application to harbor the pigeons. Has someone been to W. Dao's house and verified for the purposes of the present Application that W. Dao's birds are identified as required by the City Code? See 10. 12, Subd. 7, CA. Has Mr. Dao paid a License Fee? Has he been fined for the violations occurring over the past eight months? The City Code requires that any "loft" that Mr. Dao keeps in his yard must not only meet the structural requirements of the Code which admittedly were violated with his first coop, but must also meet certain minimum sanitary conditions. See 10. 12, Subd. 7, E.3.(d). In the past eight months that Mr. Dao has illegally harbored pigeons in his backyard in the first non -conforming coop, I never once, not once, saw him clean that coop, remove and dispose of pigeon waste "weekly" or "more often as required to keep the loft in a sanitary and odor -free condition." The pictures of the first coop I provided to you speak for themselves. Does bird dung splattered and left on windows and walls meet this sanitation requirement? Who is going to inspect Mr. Dao's coop on a regular basis to ensure the sanitation requirements setforth in the Code are met? Will this include inspection of the coop and the birds for control of mites, fleas, ticks and other insects commonly carried by pigeons? . It's hard to know what Mr. Dao's pigeons were doing when they were not in his coop last year and milling about in his yard, but the City Code specifically prohibits feeding the birds anywhere but "within the confines of the loft". See 10.12, Subd. 7, E.3.(f). Mr. Dao's second coop is set back far from his home. The first one however was built and constructed in violation of 10.12, Subd. 7, E.3(c) prohibiting any loft "within 25 feet of any inhabited dwelling." Pursuant to 10. 12, Subd. 7. D. 1, 2, 3, and 4, you are respectfully requested to deny this Application based on W. Dao's flagrant disregard of the City Code. Is it fraudulent to claim you only own six pigeons when in fact twice that amount have been seen on his property? I think so. Has Mr: Dao failed to comply with one or more of the provisions of Subdivision 7? 1 have set out the violations I have seen and there are at least five, if not more, that Mr. Dao has managed to commit in the past eight months he has harbored pigeons on his property. Was the first loft EVER in compliance with the Code? No. Did Mr. Dao harbor pigeons in violation of Subdivision 7? Unequivocally, yes. What about the health concerns that are raised by harboring pigeons? Do bacteria, fungal agents or ectoparasites mean anything to you? What about the property damage they perpetrate on buildings and surrounding landscape? What about the property value.of the homes in Lexington Square? What about compliance with the City Code? • I look forward to addressing you at the next City Council Meeting. Eagan, MN 55123 Cc: Mary Granley, City Code Enforcement February 15, 2006 • Eagan City Council ATTENTION: Michael Ridley Planning Commissioner 3830 Pilot Knob -Road Eagan, MN 55122 In Re: Dahn Dao Application for Pigeon License at 3880 Princeton Trail Dear Mr. Ridley: Please be advised that I live in the house directly to the south of the above applicant. I had the opportunity last Friday, February 10, 2006, to observe pigeons, anywhere from ten to twenty or more, fly and linger between Mr. Dao's backyard coops and the comer house directly north of his property. This occurred over several hours. While the pigeons did not land on my house as far as I could tell, they were noisy, and, they flew back and forth around all of the immediate homes, including mine, in flocks of six to eight, as if on a mission (no pun intended). They fly low in formation and look as though they will land at.any minute. This was reminiscent of last summer and fall, when there were tons of pigeons flying overhead, and, between Mr. Dao's house and the corner house. I have several garden areas in my yard and I take pride in the way my husband and I . maintain our property. Several of my garden beds in our backyard failed last year, since the pigeons arrived. I have enclosed pictures of our backyard and have circled the areas that died and which I dug up. In one of the pictures I have also circled an area where Mr. Dao's first coop was standing, pictures of which have been previously submitted to you. I estimate that there was approximately twenty feet between Mr. Dao's first coop and one .of my garden beds. Last fall, after working in my gardens over the summer, and after digging up the flowers and prairie grasses that died, I experienced for the first time bumps up and down my arms. It is no secret that pigeons carry mites and that those mites migrate from the nest and they bite people. Please see enclosed articles. While I cannot blame the pigeons with any certainty, I can tell you that I have maintained those garden beds containing black-eyed Susan flowers and perennial .prairie grasses (the name of which I can no longer remember) for many years prior to 2005 before the pigeons arrived. In my mind there is a definite cause and effect with the emergence of the pigeons next door and my prairie grasses and flowers dying, and, the physical manifestations of insect bites on my arms. We have several bird feeders on the south side of our house outside the kitchen window and behind our garage. Last year pigeons helped themselves to the birdseed in one of the feeders and were often perched on the edge of the garage roof near the -bird feeders. As you might imagine, the smaller birds shy away from the feeders with the pigeons present. ___ ___ 1��9 ­_'.__­__._... - - . - - __ - 7 Last, but not least, last year on many occasions I was forced to shut my windows in the summer and fall early in the morning (as early as 4:00 a.m.!!) because of the noise and clatter of the pigeons, and, the other birds that they tend to attract. The noise from the birds is not only loud but obnoxious. I try to have my windows open every chance I get when at home. For all of the above reasons, the pigeons in our neighborhood are a nuisance and a health concern. I ask that you deny this application to harbor pigeons at 3880 Princeton Trail. Respectfully submitted, Denise Reuter 3886 Princeton Trail Eagan, MN 55123 .door& PIGEON CONTROL The common -pigeon Columba livia (the Rock Dove) is present in a wild or ownerless state in many cities. Some cities have areas, in which the population level is high, and there are also large areas in which the level is low, but the birds are still noticeable. This bird is a scavenger, much like the Norway mt.. Reasons for the need for pigeon control, biology of the bird, and methods of control. and their limitations are given within. A C A GUIDE o TO hoc S 4"� �M i NEED FOR CONTROL AP- Ao Diseases may be carried by these birds and transmitted to humans. Ornithosis (or psittacosis— commonly called parrot -fever) is found in pigeons, the population of which may serve as a vast reservoir for the organism. Cryptococcosis is another disease caused by a fungus found in pigeon droppings that may infect humans. Dermatitis can be caused by pigeon mites that often migrate from the nests and bite people. Defacement of buildings, vehicles, trees, shrubs, lawns, benches and fountains in parks, by excrement occurs where the birds habitually congregate. The removal of the excrement is an additional cost of maintenance'. Odors may be produced by droppings, feathers, and nesting materials. Flies may develop in, large numbers in accumulated moist manure that is protected from drying in sheltered roosting and nesting areas. Noise may be produced by these birds; this unwanted sound is obnoxious to some people. 2 > z1: MIT Safety of pedestrians may be endangered by slipping due to the presence of excess bird droppings on walk -ways. A hazard to Aircraft may result from large numbers of pigeons. BIOLOGY [t is important to know the biology of pigeons in order to understand the methods of control. The birds tend to stay together. For roosting, the birds usually prefer larger, higher buildings, although small, low buildings may be selected if close to food. Nests are made of small twigs, pieces of string, paper, and cloth obtained from any source Possible. The nests are built on roofs, ledges large enough to accommodate the nest, openings in buildings, and even drain spouts. Pigeons try to nest as close as possible to a constant food supply. Aipigeon couple may have two nests. Pigeons are monogamous, and eight to twelve days after mating, the female lays one or two eggs. The male cares for and guards the female. The young leave the nest between the age of 4 and 6 weeks. Often, more eggs are laid before these young ever leave the nest. An adult female pigeon can have about 15 surviving young a year. These birds have 3 a life -span up to 15 years. The breeding cycle is almost continuous although the number of young hatching varies somewhat by season. An' adult pigeon consumes about one pound of food per week. Pigeons can live up to a week without food. The pigeons preferred food is mainly whole grains and greens; but the birds will thrive on bread crumbs, pop corn, and miscellaneous food scraps (including in open garbage cans and spilled garbage).* Pigeons may fly several hundred miles during a day, usually returning to the same nesting spot. CONTROL MEASURES It is not possible to eradicate all the pigeons in a city. It is possible to reduce the population to a tolerable level. Methods may be used to reduce the population quickly and directly or slowly and indirectly. Emphasis should be placed on methods which will bring about a long-term maximum population reduction with the least amount of effort and expense. Many different methods have been used to control pigeons. The measures may be divided into two categories: permanent control. and temporary control. These methods will be discussed; legal and other approaches will also be discussed. It should be noted that some of the same conditions .which allow the production of large pigeon 4 populations may allow for the development of a large.rat population. A. Permanent Control 1. Food Control if accomplished correctly, is the most practical control method and less costly than temporary measures. It is a basic means of population control since it deprives the birds of material without which they cannot survive. a. Garbage must be stored in sturdy cans with tight -fitting covers. Garbage must be handled carefully and not be spilled on the ground at any time. Uneaten food for domestic pets and other backyard animals .must be removed after feeding time or protected from pigeonsc Grain mills and animal feed lots attract pigeons; spillage must be controlled and the birds kept out. b. Food purposely provided by the public in parks, backyards or other areas is one of the major sources of sustenance for birds in cities. Discouraging this practice is a difficult but absolutely necessary aspect of pigeon control. The pigeon population will vary directly in proportion to the amount of food available to them. Pigeons can survive very well in the wild away from cities without humans feeding them. c. Food control at nature centers, parks, and zoos are especially difficult. The amount of food put out for animals at zoos must be strictly rationed and protected. Some structures may need to be pigeon -proofed. 2. Exclusion is the modification of building or other structures in such a way that the birds cannot enter, roost, or nest in or on them. It may be divided into interior and exterior exclusion. a. Interior exclusion involves blocking or modifying access to indoor roosting, feeding, and nesting places. Openings may be blocked with wood, metal, glass, masonry, or hardware cloth. The last material is used when ventilation is involved. Pigeons are excluded by 1 1/2" mesh and rats by 1/2" mesh hardware. cloth. Seventeen gauge, galvanized material is preferred. Materials should be installed in a manner that results in no outside ledges or projections being provided for birds to roost. b. Exterior exclusion is the removal, blocking, or modifying of all surfaces so' that pigeons cannot .nest or roost upon them. Where ledges are not wide (6" or less) light metal, such as sheet aluminum, can be installed at a 45 degree angle to present a slope on which the bird cannot rest or nest. Hardware cloth can also be used. End sections of this flashing must be closed in order to keep birds out. Projecting signs, decorations, and off -set edges should be removed whenever possible. If removal is not possible, boxing in exposed areas or complete remodeling may be needed. Old sheds, abandoned buildings, junk piles, and the like should be removed. In some instances, "porcupine 6 r r :.'.,... .....t .. .. ;. tYV}S }GK q J tkh g�;'�� kst wires" may be used. These are flexible, rust -proof bars or strips bn which about 120 needles per linear foot are set in the form of half -circles. The strips come with fasteners designed for a particular surface. The strips may be attached to most types of surfaces. A similar device uses looped "wickets". These devices are effective, especially in limited areas, such as a ledge over a doorway; they have been used on ledges, ornaments, signs, dormers, and roof gutters. Installation can be expensive and difficult. There are many commercially available pigeon exclusion systems, as well as companies that specialize in bird exclusion. Pigeons may build a nest on "porcupine wire" by building up a basic protective layer of sticks and straw. Falling leaves may nullify the effectiveness of the strips. Exclusion gives permanent control providing (1) installation was done properly, (2) unprotected doors, and windows are not left open, (3) and repairs and new construction maintain the exclusion integrity of the structure. Routine inspection and prompt repair are essential to effective pigeon exclusion system. Provisions should be made for effective pigeon exclusion in new construction and buildings undergoing remodeling. Z rti , �'i55'� � !r .. ....•,,..l.�lxw3.aG�i.poi:.�.c.:.,..,:,..+..,.�..:.,. »... ....,... .. S�� r k a S B. Temporary Control should only be used to supplement permanent control measures. Temporary methods are less effective and when used on a large scale are costly. Several types may be used at a time. The use of some of these methods may cause an adverse public reaction. Some of these methods merely make the birds relocate. 1. Frightening Agents: There are two types: Physical and Chemical Physical agents such as whirling strips and spirals of bright cloth or metal are occasionally effective but usually have little effect. Simulated owls or other predators give similar results. High frequency sound (ultrasonic sound inaudible to humans) has no effect on pigeons. • The Chemical agent 4 -Amino pyridine, marketed as Avitrol (trademark), is classified as a frightening agent since upon ingestion by birds, it creates distress behavior in the birds and frightens other birds away. It is a Restricted Use Pesticide and therefore can only be used by a certified applicator. If not used properly it can cause, high mortality. in the birds. The proper blend of the chemical and whole corn attractant can result in very low bird mortality. 2. Repellents and deterrents have been used to keep birds from staying in one spot. Some repel because of an irritating factor and others because of adhesiveness. Physically these are semi- solids (jelly entanglements, adhesives) or liquids (sprays). Entanglements may be applied relatively easy to smooth, regular, easily accessible spots. These materials may be applied by means of caulking guns to favorite roosting spots. Two or three bands must be applied to ledges and all space used by birds must be treated. Numerous small bands of material are more effective than one wide band. Entanglements have to be checked and renewed regularly. Sprays may be used on flat areas; strips totaling 25 - 30% of the area are needed.. Trees may be sprayed with a water-based spray. These chemicals are available from wholesale suppliers only and may be applied by pest control firms. Naphthalene flakes are registered as a repellent. .They may be applied in enclosed areas such as attics or between walls. However, avoid breathing of the vapor which is toxic (Always follow product label instructions). 3. Electric shocking equipment in the form of fencing, may be used; the low voltage gives a mild shock. This is an effective device, expensive, but long-lived if installed and maintained properly. 4. Trapping is a measure ' that can be effective if carried out with persistence, but, it is slow and tedious. Traps should be placed in areas where birds feed and will not be molested. The traps should be well supplied with feed of the type the birds are already eating. A good bait is one made of one part wheat and five parts cracked corn. Corn has been. found to be an excellent bait also. A little bait is scattered outside the trap to act as an attractant. Drinking water should be put in the trap. Trapped birds should be removed at least twice a week and -&-puwcu of in a humane manner. 5. Removal and Destruction of nests and eggs is useful in reducing the pigeon population. Nests need to be removed every two weeks. Treatment may be required for bird mite populations. 6. Chemosterilants: Feeding female birds corn treated with diazacholestenol dihydrochloride, marketed. as Ornitrol (trademark), results in temporary sterilization by interfering with embryo formation in the egg. A ten day feeding interval will inhibit fertility .for about six months. Two feedings per year are recommended. It must be done by a certified applicator. If done properly the birds are not harmed, if done improperly death can occur. 7. Poisoning or Shooting is not recommended and is illegal in most cities. LEGAL RESTRICTIONS Ordinances controlling feeding of wild pigeons can be useful in alleviating the pigeon nuisance problems. Such ordinances might not contain an outright prohibition of feeding wild pigeons, but may provide for their being fed at .certain designated, limited locations. If this restricted feeding is allowed, then clean-up at regular, specified intervals must be included in order not to provide food for rats and mice. Provision for reduction of nesting, roosting space/areas and 10 hy. �i 4i -A, z¢ preventive exclusion in new construction, as well as buildings being remodeled must be included. Some cities have laws forbidding the keeping of farm animals within municipal boundaries. The laws may also restrict the keeping of .pigeons, although' homing and racing pigeons may be allowed. Theordinance might be based instead on a Prohibition against pigeons flying at large, except banded pigeons (which may fly only under specific conditions), with provisions for the pigeons at t large to 6e taken up and impounded. r EDUCATION OF PUBLIC The public must be informed of the need for pigeon control. Emphasis should be on the reduction of feeding of wild pigeons. SUMMARY Good pigeon control depends upon good food control and firm and persistent activities in eliminating nesting and roosting places. Both food and nest control are related to the state of general sanitation in a community. General sanitation must be good and must be kept that way in order to 11 NEW achieve positive results. In a city of any size, it is impossible for all the official agencies that to upon the general sanitary condition' of . the com- munity to exercise complete day-to-day control of the environment so that no food and nesting materials are available to pigeons. In view of the fact that pigeons are general feeders, nest in many kinds of situations, and are very prolific, it is evident that a good pigeon reduction program must include every activity listed in .the "permanent control' section. Food control measures and exclusion of the birds, combined with such temporary, secondary means of reduction as nest elimination and trapping as needed may be necessary. Since voluntary compliance may be difficult to attain in this sort of activity, and most of the birds appear to be ownerless, legislation may be needed to help accomplish the needed reduction in the pigeon population. A Alameda County Vector Control Services District .1131 Harbor Bay Parkway suite 166 . Alameda, CA 94502 t 510-567-6800 i G', g c� ACVCSD Rev. 04/13/2001 Pitchwricott/Vaison M Entrez PubMed Page. 1 of 2 A se�►ice ofth�e I+taiicmal. Iatr�r of A�i?ciae Pubimedani ffmI areal fists of ith My NCBI Sin In . Re is• www.pubmad.gov Entrez NCBItToolbar Note: Performing your original search, pigeons mites, in PubMed will retrieve 33 citations. Text Version Display [Abstract show 20 Sort by Send to Entrez PubMed Overview All:1 Review.0 Help I FAQ Tutorials E -Utilities worthy 1: Arc ern, Med. 1987 Dec; 147(12):2185-7. Related Articles, !_inks PubMed Services Nosocomial dermatitis and pruritus caused by pigeon mite Journals Database infestation. McSH Database Single Citation Matcher Batch Citation Matcher Regan AM. Metersky ML, Craven DE. Clinical Queries Special Queries Unkout . Department of Nursing, Boston City Hospital MA 02118. My NCBI • We report an outbreak of pigeon mite infestation involving two patients, two Related Resources nurses, and one physician on a medical ward in a municipal hospital. The Order Documents NLM Mobile index patient developed a diffuse� pruritic erythematous maculopapular rash NLM Catalog on his trunk and extremities. Dermanyssus gallinae, a nonburrowing, blood- NLM Gateway sucking avian mite was identified on the patient and his bedding. A second TOXNET Health Patient who complained of scalp Pruritus had mites present on.her pillowConsumer Clinical Alerts and bed linen. The intern taking care of both patients, and two nurses who ClinicalTrials.gov had contact with these patients, had mite infestation. Pigeons roosting on the PubMed Central air conditioners and near the doors connecting the patients' rooms to a sunporch were the source of the mites. The outbreak abated after control measures were instituted that prevented pigeons from roosting on the porch. This outbreak illustrates an unusual cause of nosocomial pruritic dermatitis that may be misdiagnosed as scabies or pediculosis. Physicians and health care personnel working in metropolitan areas are alerted to mites as a cause of pruritic dermatitis that may be chronic, recurrent, or unresponsive to ectoparasiticides. Publication Types: . Case Reports PMID: 3689070 [PubMed - indexed for MEDLINE] Abstract 20 Sort b Send to • Display_...•._..�,...___.,...._..._.M ...._..., Show ._._. _.__....._ y ,...,.....� .._' _13 http://www.nebi.nlm.nih.gov/entreztquery.fcgi?cmd=Retrieve&db=PubMed&list uids=36... 2/15/2006 Entrez PubMed Page 2 of 2 Write to the Help Desk NCBI I NLM I Nib Department of Health & Human Services • Privacy Statement I Freedom of Information Act I Disclaimer Feb 13 2006 12:53:38 T http://www.ncbi.nlm.nih.gov/entreztquery.fcgi?cmd=Retrieve&db=PubMed&list uids=36... 2/15/2006 Agenda Memo • February 21, 2006 Regular City Council Meeting NEW BUSINESS A. CARRIER / HOMING PIGEON LICENSE FOR DAHN DAO ACTION TO BE CONSIDERED: To approve (or deny) License for Carrier / Homing / Racing Pigeon License Dahn Dao at 3880 Princeton Trail. ,D� FACTS: k1D • The Eagan City Code Section 10.12 provides conditions under which a license for the keeping of pigeons can be issued. The City Attorney has advised that licensing is a ministerial function of a City and, provided that an applicant meets the conditions in the City Code for such a license, discretion to deny the license is limited. Licenses are to be issued on an annual basis. • Through a citizen complaint, staff learned that pigeons were being housed at 3880 Princeton Trail. A letter was sent to the property owner explaining the licensing requirements., toto it - $ -05 • • Kathleen Gilbertson, Animal Control Officer, visited the property and determined . that Mr. Dao has pedigree papers for homing/carrier pigeons. She also concluded that the coop present on the property met animal control's minimum requirement for bird housing. After site inspections were conducted by Mary Granley, Code Enforcement Officer, it was determined that the construction of the coop could not be defined as being "kept in good repair" as required by Section 10. 12, Subdivision 7 of the City Code. In addition, the coop did not meet the Property Maintenance Code requirements addressed in Section 10.53, Subd. lA of the City Code. A list of corrections that needed to be made to the coop -was provided to the property owner. A completely new coop has been constructed on the ?yam 101 1,24-06 property. • On February 15, Code Enforcement Officer Granley conducted an inspection of the new pigeon coop. She concluded that it conforms to the property maintenance requirements of the code and that the non -conforming coop has been removed from the site. Qom IcA 9-9-D6 + • On February 14, Animal Control Officer Gilbertson contacted the property owners and advised them of the need for all birds that are to be kept to have proper registrations and banding at the time of an inspection to be performed on February 17. • The property owner did not keep the appointment for the inspection on the 17th and, as a consequence, Animal Control Officer Gilbertson cannot verify that the birds are properly registered. • • Staff is requesting direction as to whether to permit the homeowners additional time to meet .the conditions of license or to set a compliance deadline for removal of the birds from the property. While the new structure may conform to code requirements, complaints have been received from neighboring property owners. about the keeping of pigeons generally in a residential area and a petition was submitted opposing the pigeon license. • Staff contacted Dakota County Environmental Health Specialist Bev Schomburg regarding health concerns raised by the neighboring property owners. Ms. Schomburg stated that the County has no specific requirements. regarding the keeping of pigeons. She explained that should a roosting area be located near an air intake leading to an occupied space, occupants with respiratory sensitivities could have a problem. She further stated that given the distance from the coop to inhabited spaces, she was satisfied that there most likely would not be a health- related problem. • When this item was continued at the City Council meeting on February 7, Councilmembers asked staff to ask the petitioners to clarify the specific. concerns they have regarding the facility and its operation on the property. Staff contacted Mr. Reuter as a spokesperson for the neighborhood and were told that Mr. Reuter and/or other neighbors would be submitting documents specific to their concerns. This documentation is being included as attachments as well as a staff memo outlining the concerns. • In addition to the registration, banding and structure requirements, the City Code also lays out a series of requirements for management of the birds by the owner. If a license is granted, it will be necessary for Mr. Dao to comply with those requirements for the term of the license. ATTACHMENTS: • A copy of the application for a carrier / homing / racing pigeon license is attached as pages /O through LOPI - • A copy of.section of the City Cod 3ertaining to carrier pigeon licensing is enclosed on pages _/P3 through • Correspondence between staff and the applicant is attached as pages through • Correspondence with Lawrence Reuter regarding health concerns is attached as pages / / through , along with a petition from area residents. • A staff memo, dated February 2, addressing issues raised in Mr. Reuter's correspondence is attached as pages through �L. • A memo from the City Attorney is attached as page PRA- • An additional staff memo, dated February 16, outlining issues raised from neighboring property owners (the Heffeles, Reuters and Neumanns) is attached as pages - • The most recent correspondence from the Heffeles, Reuters and Neumanns, is attached without page number (see material at the end ofpacket). • • Pictures of the original structure, new structure and current property conditions are attached without page number. CITY OF EAGAN CARRIER HOMING / RACING PIGEON LI ENSE APPLICATION 3830 Pilot Knob Road License Fee: $50 Eagan, MN 55122 Renewal Fee: $50 651-675-5000 Name of Applicant N n � 1 Q Street Address g`b$D t 1 n Ct bb Trcu City, State, Zip S5 Telephone Number Location of structures where pigeons are to be housed, if different from above address: Legal Description of property: Name of Owner of Property (if different from applicant) I Address:j� Number of pigeons. to be kept and harbored on the premises: Verification of identification marks stamped on each pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stamped on the band. rklt, p ; a• - ",arks .Y fb j4h 1+ A M u A sketch plan of the premises on which pigeons are to be kept, including the location, dimensions and design of the loft must be provided with this application form and comply with. specifications outlined in the City Code, Chapter 10.12. License must be renewed annually. ..........� Y2 C.aOtA, j3 eLlc lc PUBLIC PROTECTION, CRIMES AND OFFENSES § 10 laboratory for scientific or experimental purposes, or (5) animal ske tin as hospital or • clinic for treatment by a licensed veterinarian, or (6) animals kept in a pe op licensed under the City Code, or (7) as otherwise provided in this section. Subd. 2(a). Kennels.. It is unlawful for any person to keep arbor a total of four or more dogs, cats, ferrets, or rabbits, or a combination thereof, r six months of age, without first obt�,'nirg a kennel license from the city as regula Chapter 6 of this Code. Sub& 3. Animals in transit. It is unlawful fo any person to transport animals unless they are (1) confined within a vehicle, cage oro means of conveyance, or (2) farm animals being transported in a portion of the city zon agricultural, or (3) restrained by means of bridles, halters, ropes or other means of in ' dual restraint. Sub& 4.. T l"eatment. It is wful for any person to treat any animal,as herein defined, or any other animal in a cru or inhumane manner. Sub& 5. Housing. is unlawful for any person to keep any animal, as herein defined, or any other animal ' any structure infested by rodents, vermin, flies or insects or inadequate for protection t the elements. Subd. . Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon y grass, turf, boulevard, city park, cemetery, garden or lot without specific permission efor from- the owner. Sub& 7. Harboring carrier pigeons. • A. Definitions. As used in this subdivision, the following definitions shall apply. 1. Carrier pigeon means any homing or racing pigeon which has the name of the owner stamped upon the wing or tail or is banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band. 2. Homing pigeon and racing pigeon mean a pigeon registered with a national pigeon racing organization and used as a game and competitive bird. Homing and racing pigeons shall not constitute "fowl" as otherwise used in this section unless such pigeons are raised for food -or•for-similartommercial-purposes— -- -- — S. Loft means one or more structures in which carrier pigeons are housed. 4. Pigeon means a member of the family Columbidae. B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain., possess, or otherwise control any carrier pigeon without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. C. Permit application. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. A permit hereunder may not be renewed unless an application is filed pursuant to this subdivision and the animal • Supp. No. 9 CD10:18.1 /03 -�q ¢ 10.12 EAGAN CODE control officer inspects the premises and lofts thereof. All applications for permit renewal shall be Sled within 60 days prior to the expiration of the present operating permit. The application shall include, but not be limited to, the following- 1. ollowing1. The name and addresses of the following persons: (a) The applicant signed thereto; and (b) The owner or owners of the premises on which carrier pigeons are sought to be kept for which the application is submitted; 2. The location and legal description of the premis-s on which carrier pigeons are sought to be kept; 3. The number of carrier pigeons kept and harbored on the premises; 4. Verification of identification marks stamped on each carrier pigeon or each carrier pigeon is banded upon the leg with the name or initial of the owner or an identification registration number stampedon the band; S. A sketch plan: of the premises on which carrier .pigeons are sought to be kept, including the location, dimensions and design of the loft; and 6. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The council may, as provided in this subdivision, grant or refuse to grant a permit hereunder. The council may refuse to grant a permit hereunder for any of the following reasons: 1. The application is` incomplete and contains false, fraudulent or deceptive state - meats. 2. The applicant has not complied with one or more of the provisions hereunder. 3. The premises or loft thereof for which the permit is sought is not in compliance with all provisions of this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 4. The applicant or owner of the premises or carrier pigeons harbored or kept thereon has been convicted of a violation under this subdivision. E. Conditions of permit. A permit granted by the council hereunder shall be subject to the following conditions and to such other conditions as the council may deem.- necessary and expedient for the protection of health, safety and general welfare of the city: 1. Inspection. The premises and loft(s) thereon for which a permit is issued shall at all reasonable times be open to inspection by the animal control- officer or any other city official to determine compliance with this subdivision, other City Code provisions or state laws relating to zoning, health, fire, building or safety regulations. 2. D-ansferability of permit. Any permit issued hereunder shall be nontransferable except upon application to and with the consent of the council. An application for the transfer shall be made as an application for issuance of the initial permit and Supp. No. 9 CD10:18.2 V . /L 00 PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.13 • shall conform in all respects with the provisions of subparagraph B, above, governing the filing of the ori nal application. The application for transfer is to be accompanied by a transfer fee as to be determined by the council. S. Specifications. The construction and location of the loft shall be in compliance with the building and zoning regulations of the city and the following require - meats: (a) No more than two lofts, of which each shall not be greater in size than 24 feet x 12 feet x 14 feet shall be on the premises. (b) No more than 100 pigeons over three months of age shall be kept or harbored on the premises for which the permit applies. (c) No loft shall be within 25 feet of any inhabited dwelling. -(d) Each loft shall be maintained in a clean and sanitary condition and kept in good repair, including the removal and disposal of all pigeon waste weekly or more often as required to keep the loft is a sanitary and odor -free condition. (e) Each loft shall have at least two square feet of floor space for each mature carrier pigeon kept therein. (f) All carrier pigeons shall be. fed within the confines of the loft, and all feed for the carrier pigeons shall be stored in such containers as to protect against infestation of rodents and other vermin. (g) All pigeons shall be confined to the loft, except for limited.periods necessary for exercise, trailing and competition; provided no carrierpigeon shall be released for flying within eight hours of its feeding: (lr) No . pigeon shall perch or linger on the br'1dings or property of others. F. Revocation of permit. Any violation of any provision of this section or any conditions of the permit issued hereunder or any misdemeanor and petty misdemeanor conviction of the permit holder under this subdivision shall constitute grounds for revocation of a (Code 1983, § 10.12, eff 1-1-83; Ord. No. 149, 2nd series, eff.10-30-92; Ord. No. 270, 2nd series, eff. 12-24-98; Ord. No. 307, 2nd series, § 1, eff. 9-20-01) Cross references—Kennels, § 6.38; pet shops, § 6.43. Sec. 10.13. Trapping prohibited exceptions. Sub& 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. 7)-ap means any device, snare, artificial light, net,. bird line, ferret, hawk, vehicle or contrivance whatever used to catch, snare, kill, or otherwise restrain the free movement of animals or birds. B. D-apping means the act of setting, laying or possession with intent to set or lay a trap. • Supp. N0.12 CD10:18.3 1 *41 city of aagan PAT GEAGAN Mayor November 8, 2005 PEGGY CARLSON CYNDEE FIELDS Mr, Yem Nguyen MIKE MAGUIRE 3880 Princeton Trail MEG TILLEY Eagan, MN 55123 Council Members RE: APPLICATION FOR LICENSE TO HARBOR PIGEONS THOMAS HEDGES Dear Mr. Nguyen: City Administrator It is my understanding that you currently have pigeons caged on your property. The City of Eagan requires a license for the harboring of carrier / homing / racing pigeons. Enclosed please find an application form along with a copy of Section 10.12 of the City Code which outlines the Mwmicipal Center. 3830 Pilot Knob Road specifications for the structure where the pigeons are to be kept. Eagan, MN 55122-1897 Please complete the application form and return to me along with a check in Phone: 651.675.5000 the•amount of $50. City staff will review your application and issue your license once all requirements have been met. Should you have any questions, Fax: 651:675.5012 please do not hesitate to contact me at 651-675-5013. TDD: ,651.454.8535 Sincerely, Maintenance Facility: 41, 10� I 0 3501 Coachman Point Mira Pepper Eagan, MN 55122 Administrative Secretary Phone: 651.675.5300 Far. 651.675.5360 TDD: 651.454.8535 www.city0finm.com • THE LONE OAK TREE The symbol of strength and growth in our community • December 16, 2005 Mr. Dahn V. Dao 3880 Princeton Trail Eagan; MN 55123 RE: 3880 Princeton Trail, Pigeon Permit Application and Pigeon Coop Dear Mr. Dao: The City of Eagan continually monitors health, safety, and aesthetic standards by enforcing land use requirements set by City Code. This letter is sent to you to notify you of the conditions of the pigeon coop which require correction prior to the City Council further considering your pigeon permit application. The permit application is scheduled to be heard by the City Council on January 17, 2006. After initial consideration of your permit request, it was concluded the coop may meet animal control's minimum requirement -for bird housing, but the construction cannot be defined as being kept in good repair as required by Sec. 10.12 Subd. 7 Harboring carrier pigeons. In addition, the. coop does not meet the- Property Maintenance Code requirements addressed in City Code Section 10.53 Subd. 1. A. with regard to the following subsections, and the following corrections must be• made: Sec. 10.53 PM 2 -Exterior Surfaces - Exterior surface condition; all siding, screening, etc. may not have deterioration, holes, breaks, gaps or loose siding or screening.. Screened loft area must be securely attached to and supported by the base exterior walls and support brackets. Shelf brackets and white wire shelving are not exterior grade materials, and therefore must be protected from the weather. The screened loft area must be kept in sound and good repair, free of hazardous conditions, anchored to the site and capable of supporting the imposed loads. The screened loft must be attached well enough to support 35 lbs. per square foot of snow load. Rope and wire do not provide a sound connection for the'building materials to attach to the structure. Ladders must be removed from the perimeter of the structure when not in use, and stored within the garage. Sec. 10.53 PM 7 -Roofs & Drainage Condition Roof structure condition; roofing must be maintained in good repair and attached securely to exterior walls and to the screened loft area. Siding should not be used as roofing material. The City requires that corrective action be taken to assure the pigeon coop is complying with the above requirements. These corrections would need to be made by Friday, January 6, 2006 in order for the City Council to consider your application at the January 17, 2006 City Council meeting. Please contact me as soon as you are satisfied you are meeting all of the above requirements; and the coop will be inspected for compliance. However it is important for you to know, Mr. Dao, it liar been our experience that when there are numerous construction corrections required to have a structure be compliant, such as in this case, • it may be easier for you to attain compliance by tearing down the structure and starting over. A-17 93 Enclosed for your use is a handout outlining basic construction methods and materials for typical pigeon. lofts. This information was obtained from the web for you as a courtesy only, and is not meant to be a set of requirements established by the City. Thank you, Mr. Dao, for your application and for your patience while your application is under consideration. We appreciate the extra work on your part that may be necessary to assure the coop will meet all health, safety, and structure maintenance and appearance regulations, and we look forward to your cooperation in complying with this request. Please contact me at 651-675- 5690 should you have any questions regarding this request, and when you are ready to have the coop reinspected. Sincerely, Mary G. Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector • Dale Schoeppner, Chief Building Official Mike Ridley, City Planner February 2, 2006 Mr. Dahn V. Dao 3880 Princeton Trail Eagan; MN 55123 RE: 3880 Princeton Trail, Pigeon License Application and Pigeon Coop Dear Mr. Dao: The City of Eagan conducted a final inspection of your new pigeon coop on February 2, 2006. The new coop meets the minimum requirements necessary to apply for a pigeon license. You may now remove the pigeons from the old coop and house them in the new coop. Thank you for complying with the City's request. Please dismantle and dispose of the old coop.that does not meet the code requirements. The old coop must be removed for your property to be compliant with City Code.. Please contact me at 651-675-5690 when the coop has been dismantled and removed from the property. We will do a final inspection of your property on Monday, February 6, 2006, and report to the City Council on the status of your property, and if the old coop has been removed your license request will then • be sent to the City Council for their review and consideration. Thank you, Mr. Dao, for your hard work constructing the new coop so quickly. We appreciate your effort and hard work. Again, please contact me when the old coop has been dismantled and removed from your property, and we will conduct the property inspection on February 6, 2006. Sincerely, Mary Granley Code Enforcement Cc: Mira Pepper, Deputy Clerk Jeff Wheeler, Building Inspector Dale Schoeppner, Chief Building Official Mike Ridley, City Planner January 23, 2006 Lawrence Reuter 3886.Princeton Trail Eagan, MN 55123 RE: Our phone conversation of January 20, 2006 Dear Lary, Thank you for contacting me with your questions concerning the pigeon license application procedure. You were concerned with possible health code issues regarding the keeping of pigeons in residential areas. As we discussed, I spoke. with Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within this residential area. Bev stated they have no specific requirements regarding the keeping of pigeons. She further explained that pigeon feces can breed harmful bacteria, but the roosting area • would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them. She was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. I gave Bev the distance information of the coop to inhabited spaces, and she was satisfied there most likely would not be a health-related problem because of the coop as it is not near any air intake mechanical equipment whatsoever. Should you have further questions relating specifically to environmental health, you may contact Bev at 952-891-7552. Again, thank you for contacting me concerning this matter. If you have further comments or questions pertaining to this pigeon license application, you can contact me at 651-675-5690. Sincerely, Mary Crranley Senior Code Enforcement Technician Cc: Bev Schomburg, Dakota County Environmental Health January 30, 2006 Mr. Michael Ridley Eagan City Planning Commission Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 In Re: Application for Pigeon License at 3880 Princeton 'frail Dear Mr. Ridley: I am writing to you at the suggestion of Mary Granley regarding my objection to the above Application by the resident of 3880 Princeton Trail, Danh Dao to harbor -pigeons on his property. In reviewing his application, it appears that Mr. Dao did not provide the legal description of his property. You are probably aware that Princeton Trail is part of a development in Eagan known as Lexington Square. I would like to address the City when • hen this Application will be considered. Please confirm for me the date, time and location of when this review will occur so that I may attend. Please send me any guidelines available for citizens to address the council under these circumstances. I have enclosed for your review and for distribution to the City Council for consideration, the following items: A copy of a Petition signed by thirty residents of Lexington Square. 2. " Four sets of photographs, of the pigeon coops currently standing in Mr. Dao's backyard. 3. IPM for Pigeons in Schools, Bio4ntegral Resource Center, Page 343 summary of pigeon nuisance and hazard concerns. 4. Page 1 of 4 American Racing Pigeon Union, Biosecurity for Pigeon Lofts. 5. Pages 1-8: "What Avian Diseases Can be Transmitted to Humans", by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather, World Budgerigar Organization. • I would appreciate receiving from you a copy of our background investigation and any comments or considerations that the Council will receive regarding this application. Thank you for your assistance herein. Very trul ;� rs, ,Lawrence G. Reuter 3886 Princeton Trail Eagan, MN 55123 651-637-0450 (work) 651-681-0644 Cc: Mary Granley (w/enclosures) ��a 88 All About Bird Diseases and Humans Page 1 of 9 Birds Dogs Cats Horses Small & Exotic Pets • All About Bird Diseases What Avian Diseases Can Be Transmitted to Humans? and Humans Avian Diseases Transmissible to Humans 1 By Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather2 Bird -keepers (pet bird owners and poultry producers) should be aware that some avian diseases can be transmitted to humans. It is important to note, however, that such diseases are uncommon enough that they should not discourage bird -keeping. For most people avian diseases do not pose a serious threat, but bird -keepers should be aware of thein and seek medical assistance if necessary. Zoonoses refer to infectious animal diseases that are communicable to humans. The infectious agents can be protozoal, • fungal, bacterial, chlamydial or viral. Individual susceptibility and the seriousness of these various microbial infections varies with age, health status, immune status (immunodeficient or immunosuppressed), and whether early therapeutic intervention is sought. The ability of a microorganism to make a person sick varies with the virulence of the organism, the dose to which the person is exposed, as well as route of infection. Chlamydiosis, salmonellosis, arizonosis, and colibacillosis are -the most common of these infections. Chlamydiosis, salmonellosis, eastern equine encephalitis and avian tuberculosis may be serious and even life- threatening. Chlamydiosis Chlamydia psittaci , an unusual bacteria -like organism, occurs worldwide and affects more than 100 avian species. It causes a disease called psittacosis or parrot fever when it occurs in psittacine birds (curve -beaked, like parrots, parakeets, etc.)and the disease is called ornithosis when diagnosed in all other birds or in humans. In the U.S., chlamydiosis is a major problem with turkeys, pigeons, and psittacines. In Europe, the main avian species affected are ducks and geese. Some birds (turkeys) are extremely • susceptible to chlamydiosis, while others (chickens) are more resistant. . gq htty://petcaretips.net/bird-disease-transmit-human.html 1/23 /2006 All About Bird Diseases and Humans Page 2 of 9 Ads by G000000gie Chlamydiosis is primarily transmitted by inhalation of contaminated fecal dust and is spread by carrier birds, which act • as the main reservoirs for the disease. The organism is excreted Bird Flu in both the feces acid nasal secretions. Shedding is sporadic and PrQicti..on Kits Protection Products is usually induced by stress. A carrier state can persist for You Need Prices years. The organism survives drying, which facilitates oral You Can Afford spread and allows transmission on contaminated clothing and P g wwwr.birdtiuftee.com equipment. Chlamydiosis can be transmitted bird to bird, feces to bird, and bird to human. Human to human transmission can occur, mainly by exposure to patient's saliva. 1t21'ectus Chlamydiosis is an occupational hazard for persons working with P_Wgm-el s_.ama psittacines (parrots, parakeets, etc.) and pigeons, or for people Major Cause of working in turkey slaughter plants and avian diagnostic Death Worldwide.. laboratories. Le am More - You Can Helpl The incubation period for chlamydiosis is 4-15 days, although 10 giobalhealth.org days is most common. In affected birds,. diarrhea, coughing, and ocular and nasal discharges are. common signs. There may be a high mortality' rate. if the disease is unrecognized or untreated. With Nano Mask turkeys there is a drop in egg production. In humans, Nanotechnology chlamydiosis manifests itself as a feverish respiratory disease. enhanced filter There is usually a sudden onset with chills, muscle and joint media. Free pains, headache, cough, loss of appetite, and chest pains. Shippingl Complications may result from an enlarged spleen, inflammation of wwwv.gotpoliution.com the heart muscle, and a reduced heart rate. • Affected birds must be treated with chlortetracycline or other similar broad-spectrum antibiotics for up to,45 days to clear the PiRase infection. Pigeons and turkeys may require long- term flock therapy to eliminate carriers. Free Tips & Info Disease Prevention Affected humans are treated with tetracycline for at least 21 Live Long, Be Strong, Live Well days. Because this antibiotic may become irreversibly bound to HeatthMBA.eom certain minerals, the calcium content of food needs to be kept low during treatment. Advertise on this site In Florida, chlamydiosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Chlamydia psittaci . If a person is suspected of having ornithosis, the county public health office must be notified within 48 hours. Salmonellosis There are approximately 200 different serotypes of Salmonella species. Most animals are susceptible to salmonella infection. This bacterial disease occurs most frequently in stressed individuals. Many infections are subclinical. Common clinical symptoms in all species include diarrhea, vomiting, and a low-grade fever. Infections -can progress to dehydration, . weakness, and sometimes, especially in the very young or very old, death. In severe cases there can be a high fever, septicemia (blood poisoning), headaches, and an enlarged painful spleen. Focal infections may occur in any organ, including heart, kidney, http://petcaretaps.net/b>.rd-disease-transmit hum an.htnil 1/23/2006 All About Bird Diseases and Humans Page 3 of 9 joints, meninges (membrancs which surround and protect the brain and spinal cord), and the periosteum (fibrous membrane of connective tissue which closely surrounds all bones except at the • joints). The incubation period is 6-72 hours, although 12-36 hours is most common. Salmonella are transmitted by ingestion of food contaminated by fecal matter (fecal -oral route). Excretion of the bacteria commonly varies from a few days to weeks. In some instances (e.g., S. typhi, typhoid fever) infected persons can shed bacteria for -life. S. enteriditis in avian fecal material is able to penetrate eggshells, and may be present in uncooked eggs. In most cases, treatment of salmonellosis simply involves treatment of the symptoms with fluids and electrolytes. Antibiotics such as chloramphenicol, nitrofurans, or ampicillin are only indicated when the bacteria has localized in areas of the body peripheral to the intestinal tract. In Florida, salmonellosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Salmonella species. If a person is suspected of having salmonellosis, the county public health office must be notified within 48 hours. Colibacillosis . Colibacillosis is caused by Escherichia coli infection. 9. coli is a bacteria which normally inhabits the intestinal tract of all animals. There are a number of different strains, many species-specific. Not all strains are pathogenic. In poultry, E. coli infections may cause septicemia, chronic respiratory disease, synovitis (inflammation of the joints whichcan lead to lameness), pericarditis (inflammation of the sac around the heart), and salpingitis (inflammation of the oviduct). Humans with colibacillosis usually manifest diarrhea which may be complicated by other syndromes depending on the E. coli serotype. These complications may include fever, dysentery, shock, and purpura (multiple small purplish hemorrhages in the skin and mucous membranes). The incubation period is 12 hours to 5 days, although 12-72 hours is most common. Transmission is via the fecal -oral route. Colibacillosis is often food- or water -borne. In most cases, symptomatic treatment (fluids, antidiarrheals) is all that is required. In more severe infections, antibiotics suph as tetracycline and chloramphenicol may be necessary. In Florida, colibacillosis is not a reportable zoonotic disease. Arizona Infections (Arizonosis) Arizona infections are caused by the bacteria Salmonella arizona . S. arizona occurs worldwide. It occurs most frequently in qt p p P htt :// etcareti s.net/bird-disease-transmit-human.html 1/23/2006 All About Bird Diseases and Huinans Page 4 of 9 reptiles and birds, but all animals are probably susceptible. The • young are at greatest risk. In most poultry species S. arizona infection results in reduced egg production and hatchability. Poults and chicks show weakness, anorexia, and shivering. Outbreaks in turkeys, chickens, and canaries. can have up to 60% mortality. In humans, diarrhea is most common. Many infections are subclinical. Septicemia can occur in irninunocompromised individuals. The incubation period is 6-72 hours, although 12-36 hours is most common. Transmission is by the fecal -oral route. There is some transmission through eggs. Infected birds can become long-term intestinal carriers. Numerous antibiotics reduce case fatality, but do not clear intestines of the carrier state. S. arizona is somewhat less hardy. than most salmonella but can survive for months in soil, feed and water. Arizona infection is not a reportable zoonotic disease in Florida. Eastern Equine Encephalitis Eastern equine encephalitis (EEE) is caused by a RNA virus in the genus Alphavirus , family Togaviridae. Outbreaks can occur in commercially raised pheasants, chickens, bobwhite quail, ducks, turkeys, and emus. Abdominal distress and dysentery are the most • obvious signs. EEE is mosquito-bome. The virus circulates in a mosquito -bird cycle in which passerine birds (i.e., song birds such as swallows, starlings, jays, and finches) are the most common reservoir. The mosquitoes become infected and feed on birds, horses, and humans, further spreading the infection. In pheasants, initial infection is mosquito -borne, but additional dissemination occurs by pecking and cannibalism. Most epidemics occur between late August and the first frost. Cases may occur year-round in areas like Florida which have a prolonged mosquito season. EEE usually affects persons Linder 15 or over 50 years of age. In adults there is a sudden onset of high fever, headache, vomiting, and lethargy, progressing rapidly to neck stiffness, convulsions, spasticity, delirium, tremors, stupor and coma. In children, EEE is typically manifested by fever, headaches and vomiting for 1-2 days. After an apparent recovery, encephalitis (inflammation of the brain) is characterized by quick onset and great severity follows. Retardation or other permanent neurologic consequences are common in survivors. EEE is not a reportable zoonotic disease in Florida. Avian Tuberculosis Avian tuberculosis is caused by the bacteria Mycobacterium avium http://petcaxetrps.net/bird disease_ 'transmrt-human.htrril .1/23/2006 All About Bird Diseases and Humans Page 5 of 9 which is closely related to the human and bovine tuberculosis bacteria. In birds, M. avium causes a chronic debilitating disease with tubercular nodules. In humans, M. avium infections • can cause local wound infections with swelling of regional lymph nodes. The infection is most severe in inununocompromised individuals. M. avium is spread by ingestion of food. or water contaminated by feces from shedder birds. Tuberculous poultry flocks should be depopulated. While most Mycobacterium infections are treatable with antibiotics, M. avium infection is the exception. M.. avium is highly resistant to antibiotics. Surgical excision and lymph node removal are often necessary to eliminate infection. In Florida, avian tuberculosis is a reportable zoonotic disease for both health and livestock officials. The Department of Agriculture and Consumer Services must be notified of any birds found to be infected with Mycobacterium avium . If a person is suspected of having tuberculosis, the county public health office must be notified within 48 hours. Histoplasmosis Certain fungi prefer to grow in soils enriched with avian manures. Histoplasma capsulatum is one of these. The fungus is also associated with construction sites and caves. Birds are not susceptible to infection, but histoplasmosis can affect humans, dogs, cats, cattle, sheep, horses, and many wild mammals. • The incubation period is 7-14 days. Most cases in humans are asymptomatic. Disease may be manifested in three forms: acute pulmonary (most common), chronic cavitary pulmonary, and disseminated. The acute pulmonary form is influenza -like and lasts up to several weeks. It is characterized by chills, chest pain, nonproductive cough, fever, and malaise. The chronic form occurs in people over 40 and resembles tuberculosis. It is characterized by a productive cough, pus-like sputum (material expelled from the respiratory passages), weight loss, and shortness of breath. The dissen-dnated form occurs in the very young or the elderly. Lesions include enlarged spleen and liver, and mucosal ulceration. The disseminated form of histoplasmosis can be fatal if not treated. Amphotericin B has been used to treat histoplasmosis. - Transmission occurs by inhalation of spores produced by growth of the mold. Histoplasmosis is not a communicable disease. The reservoir is the soil, especially when enriched with droppings from birds or bats. Wet the area and wear a face mask or respirator when working in suspect surroundings. Spraying the soil with a formaldehyde solution has been used to kill the fungi. Although this disease is avian -associated, it is not a zoonotic disease, because the reservoir is soil and not the birds. This is, however, of little consequence to the unfortunates who become infected. / / (� littp://petcaretips.net/bird-disease-transmit-human.html disease-transmit-human.html All About Bird Diseases and Humans Page 6 of 9 In Florida, histoplasmosis is a reportable disease. if a person • is suspected of having histoplasmosis, the county public health office must be notified within 48 hours. Cryptococcosis Another fungus that prefers to grow in soils enriched with avian inanures is Cryptococcus neofornians. The incubation period is probably weeks. Infections are seen in many mammals, but occur most frequently in humans, Horses, dogs, and cats. Infections are rare in birds. Transmission of cryptococcosis is usually by inhalation of this yeast -like fungus, althoughit can occasionally occur by ingestion. Humans can pick up cryptococcosis from exposure to old pigeon nests or droppings. In humans, cryptococcosis is manifested as meningitis or meningoencephalitis, and it is usually preceded by pulmonary infection with cough, blood-tinged sputum, fever, and malaise. The course of the disease is usually chronic. There is usually fever, cough, chest pain, and spitting of blood from the respiratory tract, followed by headache, stiff neck and visual disturbances. As with histoplasmosis, this disease is avian -associated, but not a zoonotic disease because the -reservoir is soil and not the birds. Inn Florida, cryptococcosis is not a reportable disease. _. Cryptosporidiosis Cryptosporidiosis is caused by protozoa of the genus Cryptosporidium . There are three -known species, C. baileyi , C. meleagrndis and an unnamed species in quail. Cryptosporidiosis normally causes respiratory problems in chickens and turkeys. It can also cause gastroenteritis and diarrhea.In humans, it causes abdominal pain, nausea, and watery diarrhea lasting 3-4 days. In immunocompromised people, it can cause severe, persistent diarrhea with associated malabsorption of nutrients and weight loss. The incubation period is 3-7 days, and it is spread via the fecal -oral route by ingestion of infective oocysts. In Florida, cryptosporidiosis is a reportable disease. If a person is suspected of having cryptosporidiosis, the county public health office must be notified within 48 hours. Allergic Alveolitis Allergic alveolitis, also known as pigeon breeder's lung, budgerigar dander pneumoconiosis, and a variety of other complex • names, is one of the most significant avian zoonotic diseases. It may occur as an acute, subacute, or chronic problem. Clinical signs are caused by reduced lung capacity due to a 1/23/2006 littp://petcaretips.net/bird-disease-transmit-human.html . `� All About Bird Diseases and Humans Page 7 of 9 hypersensitivity reaction to feathers, dander, or fecal dust. Inflammation of the pulmonary air exchange units (alveoli) is the inciting lesion. The acute form of the disease is usually precipitated by an overwhelming exposure in a previously sensitized individual, such as -that which might occur in cleaning.out a pigeon loft. Symptoms occur within a short time, and include cough, difficult respiration, fever, and chills. If exposure ceases at this point, the symptoms resolve and no treatment is necessary. Cluonic, low-grade exposure is more serious, and symptoms may be mistakenly attributed to a stubborn cold or flu. Affected individuals have a chronic nonproductive cough, exercise intolerance, and weight loss. Permanent lung lesions may develop, including pulmonary fibrosis that reduces gaseous exchange and , .lung capacity. Chronic allergic alveolitis can develop in as little as 2years, but usually takes 10-20 years. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. Exposure to even minute quantities of feathers, dander, or feces may precipitate a recurrence of severe respiratory distress. The severity of the disease can, be reduced by wearing face masks while cleaning cages, cleaning cages daily, bathing pet birds frequently, and installing air purification systems. Conclusions Bird -keepers should be aware that they can contract certain illnesses from their birds. The frequency of disease transmission from birds to humans is low, but the very young, the elderly, and those with compromised immune systems should be cautious. Many of these diseases are transmitted by ingestion of food contaminated by fecal matter. Prevention of most of these diseases, therefore, simply involves proper hygiene and sanitation. Wearing a face mask to avoid inhaling bird dust is also recommended. If you have persistent flu-like symptoms when no one else you know is affected, see a doctor and mention that you raise birds. Such symptoms may be indicative of a disease spread from birds to humans. . Footnotes 1. This document is FACT SHEET PS -23, one of a series of the Dairy and Poultry Sciences Department, Florida Cooperative, Extension Service, Institute of Food and Agricultural Sciences, University of Florida. First printed August 1997. Please visit the FAIRS Website at http://hammock.ifas.ufl.edu. 2. Jacqueline P. Jacob, poultry extension coordinator with Dairy/Poultry Sciences, Jack M. Gaskin, associate professor with Veterinary Medicine -Pathobiology, Henry R Wilson, professor with Dairy/Poultry Sciences, and F. Ben Mather, poultry extension P lnttp://petcaretips.net/bird-disease-transmit-human:html 1/23/2006 q9_ All About Bird Diseases and Humans Page 8 of 9 • specialist with Dairy/Poultry Sciences, Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, 32611. Copyright Information 0 This document is copyrighted by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) for the people of the State of Florida. URIFAS retains all rights under all conventions, but permits free reproduction by. all agents and offices 'of the Cooperative Extension Service and the people of the State of Florida. Permission is granted to others to use these materials in part or in full for educational purposes, provided that full credit is given to the UF/IFAS, citing the publication, its source, and date of publication. Acknowledgement This article by Jacqueline P. Jacob, Jack M. Gaskin, Henry R. Wilson, and F. Ben Mather is supplied by the World Budgerigar Organisation (www.worldbudgerigar.org), as part of their encouraged exchange of research information, and reprinted with kind permission from American Budgerigar Society Magazine. See Also: fnde_xf AD Bird Care..& BiNieTtia Stuff Ieani-10 � Site Pette_&. Yetuuia's Bird Supplies & Gift..Shop F me i TIPPY-AAlfr d'$. Fun .ret Ngwsletter Abspiutely AdoxaWe. Stuffed Plush Birds Colorful BirdCal_ep-dars Btau�t'fuL irdLo-tters http://petcaretips.net/bird-disease-transmit-human.htmi 1/23/2006 Pigeons not only make themselves a nuisance by their roosting and nesting activity and their noisy behavior, but they also carry and transmit a variety of human and avian diseases. Pigeons and their nests can also harbor a number of ectoparasites tha are known to attack humans. Pigeon droppings deface buildings and statues and their acidity can hasten the deterioration of these structures. Droppings can foul•areas where people walk, sit, or work and in large amounts can kill vegetation and pFoduce flies and objectionable odors. Droppings that accumulate on stairs, fire escapes, or other walking surfaces make these areas slippery and dangerous. Debris from pigeons and their nests can clog gutters, downspouts, and drains. Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the feces dry and particles become airborne. It is rare for health officials to specifically attribute disease outbreaks to flocks of pigeons. The poten- tial for transmission however is real and should be taken seriously when these birds live in close proximity to humans. Diseases spread by pigeons include aspergillosis; candidiasis, cryptococcosis, encephalitis, histoplasmosis, Newcastle disease, ornithosis, salmonellosis, and toxoplasmosis. Biology Typically, the feral pigeon (Columba livia) has a gray body with a whitish rump, two black bars on the secondary wing feathers, •a broad black band on the rail, and red feet. Color variations include brown, rust, mostly white, and blackish. IPM for Pigeons in Schools Adapted from Material by W. Quarles, Bio -Integral Resource Center Pigeons are gregarious birds that flock together in groups of several hundred. They move about, feed, and. fly together. Each feeding flock is associated with a particular food source, but the individuals in a feeding flock may disperse to other flocks that roost and loaf in different areas, some close to the food source and some distant. Roosting, nesting, and loafing (daytime resting) sites tend to be located in high, protected areas, such as building ledges and roofs, drain spouts, steeples, and other architectural details that provide suitable space. Being creatures of habit, pigeons routinely feed, nest, and roost in the sane places. In rural areas pigeons feed on grain and seeds such as corn, wheat, rye, barley, millet, sunflower seeds, and rape seeds. In urban areas, they scavenge for bread, garbage, fruits, greens, and weed seeds. Pigeons occasionally feed on insects and.livestock manure. Like chickens, pigeons need grit in their crop to grind up their food. Pigeons have several broods per year, and some- times lay a new clutch of eggs in the nest before the fledglings are out. Although breeding continues year around, it peaks in spring and summer. Detection and Monitoring A detailed. and accurate survey is necessary before you design a management plan. You will need to consider all the factors that affect the bird problem including public relations and local, state, and federal laws that impact management methods. The survey process may be time consuming and labor intensive, but the effectiveness of your manage - 343 A2I aerican Racing Pigeon Union I Homing Pigeons I Sport Flyers American racing Pigeon Union Page 1 of 3 About The AU Information & Events Promotions & Media Relations Special Interests Lost Bird Info Home . Biosecurity for Pigeon Lofts Say For those who do not understand the term "biosecurity" we would offer the following. In its simplest terms, biosecurity is what you do to stop the spread of disease within and to your loft. On a broader scale, it is a Pllpp^ Radio formal system of stopping the movement of a bacteria or viruses from one animal to another, from one loft to another, or in some cases, from one person to another. Biosecurity measures are not necessarily acrd Releases expensive. Infect, except for the cost of some disinfectant products and, perhaps, for those who want them, disposable smocks, hats and shoe covers, biosecurity costs can be controlled, and they should be wk-Ma�'�iI:k t minimal. In most cases, lofts can be very. cheaply and quickly adapted to implement adequate biosecurity K Factor measures, even if construction of barricades or fences is necessary. Tto Software Vendors ��: Most handlers already apply some form of effective biosecurity measures: La&s 1 . 11111 y 1. Cleaning the fountains twice a day is biosecurity; 2. Cleaning and scraping perches is biosecurity; 3. Spraying the loft for parasites is biosecurity; 4.. Storing feed in rodent proof steel bins is biosecurity; 5. Wearing a hat in the loft is biosecurity; 6. Isolating new stock for at least 14 days is biosecurity; �rchooiProjects .. __ Th5 ese are common biosecurity measures that most of us do everyday, we do it to prevent the spread of os disease. We have just never thought of it in such terms, in the sense of "biosecudy. termsi Sometimes, simply changing the order in which you approach a task provides adequate biosecurity, such as the way you handle your feed bags (if they're stored in the loft). Based on our understanding of the sources and transmission of various disease agents, the following recommendations have been designed to prevent the spread of viruses and bacteria between racing pigeon lofts and the introduction of new infections to susceptible birds. Our recommendations have been _ divided into best and alternate practices so that these recommendations can be adapted to every loft. We have outlined these recommendations based on the three key principles of biosecurity, isolation, traffic control, and sanitation. Isolation refers to the confinement of your birds within a controlled environment. A fence keeps your birds in, but it also keeps. other animals out. 1. Perimeter control. Every flock must be isolated from ALL other birds, especially any kind of chicken. a. BEST PRACTICE: The best way to Isolate a loft is to install complete fencing around the perimeter of the loft will keep other birds out. b. Alternative methods to achieve isolation: If there are no birds in your neighborhood or you have no neighbors, then you already have a buffer zone that establishes isolation. If your neighbor has chickens in an enclosure close to your loft, you might ask him to move it, or move your loft, or better still, move both as far apart as is physically possible. c. Keys to achieving isolation: Gates can help to achieve isolation, sometimes without perimeter fencing. A gate that crosses a driveway is a very effective way to stop vehicle traffic. But, gates must be kept closed in order to be effective. A buffer zone between lofts or flocks must be achieved, whether or not there is good perimeter fencing. Establishing a buffer zone may require negotiation with neighbors to house their birds on a part of their property away from an existing loft or relocation of a loft to another part of a property. Q� 1� �� � ,tfi,•//www ni Penn. org1hiosecuritv.htm 02/03/2006 Lerican Racing Pigeon Union I Homing Pigeons I Sport Flyers 2. Introduction of new birds to your flock. New birds entering a loft can bring unwanted disease agents with them. Page 2of3 a. Quarantine new birds for a minimum of 14 days - this is a must. b. Pre -purchase testing, if economically feasible and -available. • 3. Avoid contact with any other birds, in particular chickens. Other bird species can carry disease agents that pigeon owners do not want in their lofts. The following contacts are listed in descending, order of their importance in disease danger. 1. Live bird markets, auctions, and shows, ii. Dead birds, especially pigeons. iii. Pet or feed stores that sell excess racing pigeon stock. iv. Hunting (any species of bird or animal). a. BEST PRACTICE: Avoid contact with ALL other birds, in particular, chickens. When there is contact, change clothes and shower before returning to your loft. This practice is critical when the most dangerous contacts on the list have been made. b. Alternative practice: Avoid the most dangerous contacts with other birds. After contact with birds owned by trusted hobbyists or friends, change into dedicated protective clothing that will be left in the loft and wash your hands thoroughly with soap and water before returning to your loft. Hand washing is one of the simplest and most effective biosecurity measures available to us. 4. Prepare a plan for self -quarantine. When one member of the club has disease or illness in his loft, he should be prepared to take extra steps to prevent the spread of disease to other members of the club. Those steps should include not moving birds, stopping all non-essential visits, and notification of other lofts that may have been inadvertently exposed. Traffic Control includes both the traffic onto your premises/property and the traffic patterns of both you and visitors on and within your premises/property. Sometimes, simply changing the order in which you approach a task provides adequate biosecurity. 1. Visitor policy. The easiest way to prevent disease spread by visitors is to limit visitors. Visitors can • bring disease agents into your loft. a. Limit visitors to the loft. This is especially critical in times .ofyhigh risk, for example, during breeding and . _. during the active racing series in your area. b. Protective clothing. Visitors to the loft should be required to wear protective clothing, including overshoes or covers that will prevent the tracking of material on shoes. Hand sanitation must be included for visitors because people cannot resist touching your racing pigeons when they visit. c. Signs to stop inadvertent visitors must be posted. A sign should be placed on gates or doors to stop people from accidentally wandering into a loft, and although this is a simple step, a sign can be very effective. Sanitation addresses the disinfection of materials, people and equipment entering your property and your loft and the cleanliness of the personnel on your property and your loft. 1. Vehicle disinfection. Vehicles that have been near other birds can easily cavy disease agents into the vicinity of or directly into the loft. Vehicles used to transport feed from feed supply houses are especially susceptible to contamination and your routine for hauling feed should be carefully reviewed towards the most effective biosecurity measures. a. Keep all vehicle traffic away from the loft through the use of gates and signs. The drivers of vehicles that have to enter the loft should be questioned to make sure they have not been near any birds within 48 hours. Vehicles that'are covered in mud or other gross contamination should be washed before they enter the property or the vicinity of the loft. 2. Equipment disinfection. Equipment that is used and brought into a loft can cavy disease agents if it . has been around other birds. a. Keep equipment that has been around any other birds out of the loft. If equipment must come into the loft and has been around other species of birds, then fully clean and disinfect the equipment before it enters your loft. lo?3ttn://www.niLyeomors/biosecurity.htm 02/03/2006 ierican Racing Pigeon Union I Homing Pigeons I Sport Flyers Page 3 of 3 Biosecurity and racing It may seem that the sport of racing pigeons destroys all attempts to achieve biosecurity in a loft. Several of the things we have said you should avoid, all happen in a race. However, biosecurity can also be • applied to racing to reduce the chances that disease agents are introduced at races. Biosecurity for Birds Returning from Races There are two possible ways to approach racing, both are legitimate and each has its own pro and. cons. Which method is selected, is up to the individual loft owner after a careful consideration of the risks and benefits associated with each approach. The two possible approaches to biosecurity follow: 1. Consider the racing club or combine as a single biosecurity unit. In other words, birds within a club or combine are treated as if they belong to the same loft. So, when you introduce a new bird to your loft if ft came from a loft in your flying club, then it is not considered as an outsider. When birds come in from a race, it can be introduced immediately back into the loft because it has just been. out flying with its loft - mates. a. Pros: This method is .easy to apply because it requires no additional quarantine for birds returning from a race.. b. Cons: Any member of the club can introduce disease into the club and everyone practicing this method of biosecurity will get the disease. 2. Consider all lofts other than your own as sources of disease. All birds returning from a race are quarantined for 14 days before they are re -introduced to the loft. a. Pros: This method puts the owner into control of the fate.of his loft. Overall, it is a safer method. b. Cons: There is a certain amount of extra labor and planning that is required to achieve this type of biosecurity. Biosecurity at Shipping and the Club No matter what biosecurity strategy you choose for your own loft, there are certain common sense things that must be Part of biosecurity on a club basis. 1. The transporter should be clean and sanitary before birds are placed in it. 2. The transporter should not be allowed to come close to any individual loft. The transfer of birds must occur away from individual lofts so that the transporter does not spread disease between lofts. 3. No sick birds should ever be placed in the transporter or brought to the club. 4. Hands should be washed before birds are handled. Birds from one loft can be handled as a group without hand washing or hand sanitation between birds, but hand sanitation must occur before handling the birds from a different loft. Biosecurity on Transporters Transporters must be fully cleaned and disinfected between uses. 1. Removal of all organic material (feces, feathers, mud) from all surfaces including wheel wells, and undercarriage. Although not essential, high pressure, hot water, with detergent works very well for the cleaning process. 2. Disinfection -of all surfaces. There are many disinfectants, which work well to inactivate disease agents but, none of them work well if cleaning is inadequate. 3. Inspection. it is critical that someone take a critical look at the job of cleaning and disinfection that has been done to assure that all organic material has been removed. 4. Completely dry the transporter before use. Drying itself is a good way to kill disease agents and allowing the transporter to dry will ensure its sanitation before it is used again. News I Set Your Clock On -Line Store I AU Guestbook Find A Club National Database I Winspeed Webmasterl opyright 2003 ® American Racing Pigeon Union inc v2 ttn-//www.nigeon..orp-/biosecuritv.htrn < t %T' 02/03/2006 • City of Eagan ME To: Jon Hohenstein, Director of Community Development Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 2, 2006 Subject: Letter and Petition in Opposition to the Pigeon License Application for 3880 Princeton Trail On January 31, 2006 the City received a letter, petition and other documents from Mr. Lawrence Reuter of 3886 Princeton Trail. Mr. Reuter is opposed to the City Council approving the Pigeon License Application scheduled to be heard at the February 7,, 2006 City Council meeting. Copies of the submitted items were given to. Mira Pepper to include in the Council packet. A summary of the contents of Mr. Reuter's submittal is outlined below. Mr Reuter submitted a two-page letter stating his objection to the Wheation, and within • the letter lie indicates the following: 1). Mr. Dao did not provide the legal description of his property on the application. Typically, staff would assist someone with this information should they ask. Mr. Dao's legal description for his property at 3880 Princeton Trail is Lot 2, Block 5, Lexington Square. 2) Mr. Reuter would like to be notified of the City Council date when the license application will be considered. This is currently scheduled for the February 7, 2006 City Council meeting. This schedule will be postponed if Mr. Dao does not move the pigeons from the old, non-compliant coop into the new coop, and if he does not dismantle and remove the old coop from his property. Mr. Dao's property will be inspected on Monday, February 6, 2006 to determine if the old coop has been removed and if so, the. license application can be heard by the council on February 7. Upon verified compliance of Mr. Dao's property, both Mr. Dao and Mr. Reuter will be contacted to let them know they can attend the February 7 City Council meeting. • .42, S�b� 3) Mr. Reuter asked for published guidelines for citizens, if available, outlining addressing the Council under these circumstances. The Eagan City Council -Procedure and Motion Practice on Business Items and the Eagan City Council Meeting Procedures and Public Participation Guidelines were emailed to Mrs. Reuter on February 3, 2006. Mira is faxing Mrs. Reuter a copy of the agenda memo, Council agenda and memo from Mike Dougherty on February 3, 2006. 4) Mr. Reuter asked for a copy of the background investigation regarding this application. Mira Pepper explained there is no background investigation regarding the application. If Mr. Reuter, is asking for information pertaining to a code enforcement case, this information would be protected by the Minnesota Data Practices Act until such time as the case is closed. A visit to City Hall by Mrs. Reuter on February 3 revealed she was actually trying to obtain the agenda memo and Council agenda, and not a true background investigation (the term "background investigation" was given to her by a Burnsville city employee just a difference in terminology used by Eagan versus • Burnsville). Mr. Reuter submitted a copy of a petition, signed by 30 people in the Lexington Square development. A map is attached indicating a circle where Mr. Dao's property is located, and with X's the reported address of those who signed the petition, to indicate proximity to the applicant: Mr. Reuter submitted several sets of 4,photos taken of the property on January 29, 2006. In reviewing these photos, it is important to compare the condition of Mr. Dao's property when the photos were taken on January 29 while the new coop was under construction and the non-compliant coop was still on the property, and the photos that will be taken upon final inspection on Monday; February 6. Mr. Reuter submitted several pages of on-line information downloaded from three web sites. 1) IPM for Pigeons in Schools: Mr. Reuter supplied" one page from an on-line article. The author of this document comments pigeons "make themselves a nuisance by their roosting and nesting activity and their noisy behavior, but they also carry and transmit a variety of • human and avian diseases." He finther states "Pigeons are known to carry and transmit diseases to humans through their droppings, especially when the feces dry and particles become airborne. It is rare for health officials to specifically attribute disease outbreaks to flocks of pigeons." This comment supports the information obtained from Dakota County Environmental Health Specialist Bev Schomburg concerning the health impact of pigeons being cooped within residential areas. Ms. Schomburg stated the county "has no specific requirements regarding the keeping of pigeons. Pigeon feces can breed harmful bacteria, but the roosting area would have to be near an air intake leading to an occupied space. If the occupants have respiratory sensitivities, it could be a problem for them." Ms. Schomburg was aware of one instance where a wild pigeon nest required removal as it was located in this type of situation. 2) AmericanRacing Pigeon Union; Biosecurity for Pigeon Lofts: A one-page document was submitted by Mr. Reuter. I obtained the complete article online, and include it as an attachment to this memo. The article defines "biosecurity" as "what you do to stop the spread of disease within and to your loft". It indicates, "In most cases, lofts can be very cheaply 0 and quickly adapted to implement adequate biosecurity measure, even if construction of barricades or fences is necessary." This article recommends biosecurity based on three key principles; isolation, traffic control, and sanitation. Isolation: Every flock must be isolated from ALL other birds by complete fencing around the loft and 14 -day quarantine for new pigeons: (Please see article for more details regarding this.) Traffic Control: Visitors must be limited to prevent bringing disease to the birds, as well as protective clothing to prevent tracking of material on shoes. They . advise posting signs to stop people from accidentally wandering into a loft. (Please see the complete article for details regarding this.) Sanitation: Disinfection of materials, people and equipment entering the property and loft, and the cleanliness of the personnel on the property and the loft. This includes vehicles or transporters used near or for the pigeons or other birds, vehicle traffic, and equipment brought into a loft. The article provides 6 steps for effective biosecurity measures, including cleaning fountains twice a day, cleaning perches, spraying the loft for parasites, storing feed in rodent -proof steel bins, wearing a hat in the loft, and isolating new stock for 14 days. • Extra care should be given to birds returning from races, as the sport "destroys all attempts to achieve biosecurity in a loft". Consideration must be given by the owner as to' whether they will treat their birds as a separate biosecurity unit, or as part of the racing club biosecurity unit. 3) All About Bird Diseases and Humans, produced by the Florida Cooperative Extension Service: This eight -page article outlines what avian diseases can be transmitted to humans (called "zoonoses"). It indicates however, "that such diseases are uncommon enough that they should not discourage bird -keeping." The ability of microorganisms to make a human sick varies with the virility of the organism, the dose the person is exposed to and the route of the infection This article outlined types of common and potentially serious infections, and those are noted below. The article concludes by informing bird -keepers that they should be aware they can contract certain illnesses from their birds, and although disease transmission is low, the very young, elderly and those with compromised immune systems should be cautious. DISEASE Who it affects? Method of Transmission? Required to be reported to FL health Chlamydiosis Parrots & parakeets; turkeys; Inhalation of contaminated fecal Yes i eons; humans dust Salmonellosis Most animals are susceptible Ingestion of food contaminated Yes by fecal matter - Collibacillosis (caused by Poultry; humans Food or water -borne; No E. Coli infection. E Coli transmission via the fecal -oral is a bacteria which route normally inhabits the intestinal tract of all animals Arizona Infections Most frequently reptiles and Fecal -oral route; eggs No (Arizonosis) birds; all animals are vrobably susceptible Eastern Equine Commercially raised Mosquitoe-borne; song birds No Encephalitis pheasants, chickens, are the most common reservoir; bobwhite quail, ducks, mosquitoes feed on birds, turkeys and emus. horses and humans, further spreading the disease Avian Tuberculosis Birds; humans Ingestion of food or water Yes; to both contaminated by feces from health and /e2 / CZ4� � . I . '1CG— shedder birds livestock officials Histoplasmosis Humans, dogs, cats, cattle, Fungi that grows in soils No; bird sheep; horses, and wild enriched with bird or bat associated, mammals (birds not droppings; also found in but disease is susceptible) construction sites and caves. obtained from Transmission occurs by soils not inhalation of spores produced birds. by growth of the mold Cryptococcosis Humans, horses, dogs, cats Fungi that grows in soils No; bird and many other mammals; enriched with bird manure. associated, rare in birds Transmission' occurs by but disease is Inhalation of fungus. Can also' through soil occur by ingestion. Humans and not birds. can pick up from exposure to old pigeon nests or droppings. Cryptosporidiosis Chickens, turkeys; humans Fecal -oral route Yes Allergic Alveolitis (a.k.a. Humans Overwhelming exposure in a No "pigeon breeder's lung') , sensitized individual, such .as that which might occur in cleaning out a pigeon loft. Patients diagnosed with the chronic form of the disease may have no choice except to eliminate all exposure to birds. / CZ4� � . I . '1CG— JISMap Output Page 38?8 5832 3838 3840 3848 3852 3800 3804 3608 3872 3884 3882 38.45 1 3B5t 3810 3841 384 ,3653 K 3859 36x1 Bj87�r 3883 SDBB 3881 1 39Di 39007 3913 39 B City. of EAGAN 3829�•� Legend ti'rah&jMed FeaWrs 1085 1U6t 7089 1057 Munl*slBoundary Condo Paints 3071073 J✓ Sl+eats Sueef Names 38x5 D Noun liuediaes x® x Lakes 3650 3953 Pats 11072IMe Pa�cehi 3982 3889 4 x �,e�.1�5D 36x4 3873 3670 3�-ter 5 3 3917 38D8� 38q Z 3681 3888 3887 3 � 302D 3918 39D4 3903 3912 - 391D 38t8 3821 "J!t 3815 3925 3924 3 3829 3928 3927 11 002 / \"1..._ 3934 - PID:104507502005 3880 PRINCETON TRL EAGAN, MN 551230000 Page 1 of 2 --I .p://gis.logis.org/servlet/com.esri.esrimap.Esrimap?ServiceName=ea LOGISMap_OV&ClientVersion=4... 02/02/2006 TO: THE EAGAN CITY COUNCIL O RE: APPLICATION FOR PIGEON LICENSE AT 3880 PRINCTON TRAIL 1, the undersigned, am opposed to the Application for a pigeon coop and license at 3880 Princeton Trail, and request that the City Council deny this Application. Date Nam Address Telephone .f •- :! y ;� L^^. r,:; ) I L- r•' :�' fidd, 3 �! ,t' �,,r .: r 7L a. � (.c' � y �- yS Z% • 7/S 73 �h<.c'IC"�...L`.l �+� Zi - 2�'- C t':. '.�° it.�, ...� ,� s' /�'//v+ r JV•\l E i .t cL. S'/ -69,9-&L, 3 �o . 19 9 -A q ��, fy � } 1h ,-Z 6 5 iJ YS'6 —� — b � �, t� .0 c�. r.�i.�.h.l ��.s1 r 1'' � � r ' c� s 1 U Slc -•i7 ��� � u;, / - O C,"�1:7"•J +r .' {'• ,E��C�d t/ ..j'I G �� �! Z•4' �..C°C'r �� ! / �•G/ (L)�"ji � rJ' G%— ., . �-; ; 3111✓26-20 1.2 o� — O 7 t , 7 66 `— 1' q3 S� -r cis 3s y -o ,, d 2A0.3 6ibr4•14.t— 06-Igc 'r < (S G-1 L \_ter C CIa', -3 r 4141-11 N. ze-;,� �Z��>2r—' I-If'1[ Ci" 5:s'�� C::rhtr�t '(YL- 1) �3��) �3: �R�.LsI)R, T iUL • • • �.. � 1 � 1 � r .LL �'\.t1....� �'' \ `� \ 6.- A h i t \ r Cl' J f G� L��� \ Ar , �� �[ TtY•� r"• �� l f �L ii.. r �` `fs �+ ril , K it �•C , . L.\�ir ..0 `CSC,_ U, - 'y k r' K T -bio S X-3 10`7 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Jon Hohenstein, Community Development Director FROM: Michael G. Dougherty, City Attorney DATE: February 1, 2006 RE: Harboring Carrier Pigeons — Eagan City Code Section 10. 12, Subd. 7, et. seq. Eagan City Code Section 10.12, Subd. 7, contains all of the requirements for the issuance of a carrier pigeon permit. The Eagan City Code requires specifics for the application. Subdivision D of Section 7 provides the basis for granting or denying the issuance of the permit. If the applicant meets the requirements of Subd. 7(D), the permit shall be issued. • Section 10.12, Subd. 7(E) provides conditions of the permit. It also provides that necessary and reasonable additional conditions for the protection of health, safety and general welfare of the City may be added. _ Licensing or permitting is a means of regulation. The power to regulate includes authority to establish standards and requirements. If those standards and requirements are met and if the standards and requirements are reasonable, permitting (as is the case here) is a ministerial function. MGD/i It 13-1 �� qTl'o City of Eapn Ncma � To: Mayor Geagan and Members of the City Council Jon Hohenstein, Community Development Director Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: February 16, 2006 Subject: Outline of Neighborhood Objections to Approval of the Pigeon . Permit for 3880 Princeton Trail At the February 7, 2006 City Council meeting; the action to consider an application to obtain a carrier, homing or racing pigeon permit was postponed pending removal of a noncompliant coop and verification of pigeon registration. Councilmember Carlson requested staff provide an outline to the City Council of what the neighborhood objections are to approval of this permit application. In response, three letters, photos and web information were submitted by neighbors in the Lexington Square development. The information submitted by neighbors is enclosed in the February 17, 2006 packet for your examination. Upon review of the submittal items, the following information outlines the objections to pigeons being permitted within a residential area: I. Pigeons perch or linger on the buildings or property of others A. 3874 Princeton Trail— Heffele residence 1. Pigeons have eaten seed out of the Heffele's songbird feeder, have driven away the songbirds, and the Heffele's have discontinued use of their birdfeeders 2. Pigeons have perched on top of Heffele's roof (highest roof in neighborhood) and can be heard clearly from upstairs bedroom and bathroom and other parts of the home 3. Pigeons have left droppings in back yard and on deck; roof a condition has not been inspected B. 3.eO Princeton Trail — Reuter residence 1. Mr. Reuter has often witnessed at least 15-20 pigeons on the roof of 3.874 Princeton. Trail 2. Ms. Reuter has observed at least 10-20 pigeons flying from coop to adjacent properties beginning in the summer of 2005 and as recently as February 10, 2006 �33 I o`� 3. Ms. Reuter has observed pigeons eating from the Reuter's • birdfeeders and perching upon their garage roof; she's noted smaller birds have taken flight in the presence of the pigeons C. 3861 Princeton Trail — Neumann residence 1. Ms. Neumann has observed, and submitted a photo of, some of Mr. Dao's pigeons perching on the 3874 Princeton Trail property II. The number of carrier pigeons kept and harbored on the premises A. The Reuter's and Ms. Neumann have observed pigeons, in excess of the 6 for which a permit is being sought, on the Heffele property B. City staff has also observed and photographed between 18-21 pigeons on the Heffele roof III. Loft condition and maintenance A. Mr. Reuter has never observed cleaning of coop(s) or removal of pigeon waste B. Mr. Reuter has observed "bird dung splattered and left on windows and . walls" of the first coop C. - Mr. Reuter questions whom will inspect the coop on a regular basis to ensure sanitation requirements are met, and whom will inspect the pigeons on a regular basis "for control of mites, fleas, .ticks and other insects commonly carried by pigeons" N. Other concerns noted by neighbors A. Health, disease or nuisance -related issues 1. Ms. Reuter presents an issue with failed gardens that became an issue after arrival of the pigeons; she indicates this may be attributable to the pigeons 2. Ms. Reuter recounts skin imitation after working in her gardens; she indicates this may be attributable to mites that pigeons carry ` that migrate from the nest and bite people 3. Ms. Reuter describes being awoken on many occasions, sometimes as early as 4:00 a.m., to shut her windows due to the "noise and clatter of the pigeons and the other birds that they tend to attract"; she describes these sounds as "not only loud but obnoxious" 4. Ms. Reuter supplements the skin imitation recounted in 2 above with an additional submittal and testimony a. in conversation with a toxicologist, Ms. Reuter received additional information relating to pigeons and mites 1.3tID b. Ms. Reuter therefore made a connection between the failed gardens and insect bites 0 c. Ms. Reuter recalls trying to sit in her backyard and being stung by insects too small or too fast to be seen d. Ms. Reuter emphasizes her responsibility to report this experience as a licensed attorney in Minnesota with an obligation to tell the truth and not mislead a legal tribunal in this state or elsewhere, and that she attributes the infestation as a result of mites due to the pigeons being kept on the neighboring property, and those that flue over and around her property 5. The Reuter's submitted additional documentation published by Alameda County and Pubmed.gov concerning dermatitis that can be caused by pigeon mites B. Non-compliance issues 1. Pigeons were brought to the property without obtaining the necessary permit; applicant continues. to be in violation by keeping pigeons without the necessary permit; permit application appears to be for fewer pigeons than have been noted on the site or surrounding properties 2. First coop (noncompliant) stood on the property for at least 8 months prior to being replaced with a compliant coop 3. Applicant delayed removal of the first coop from the property by the February 6, 2006 deadline, which resulted in a postponement of the permit application at the February 7, 2006 City Council meeting 4. Pigeons have not been verified as registered by the City of Eagan 5. Mr. Reuter questions whether the pigeons are fed "within the confines of the loft" as code requires C. Request for -review of the ordinance 1. Ms. Neumann requests review of the ordinance, and consideration to amend 2. Ms. Neumann submitted copies of the St. Paul and Minneapolis ordinances pertaining to pigeons 3. Ms. Neumann requests that written consent of immediate neighbors. be required to obtain a permit to house pigeons in Eagan, similar to the requirements outlined by St. Paul and Minneapolis 13 S ��I • C f49 �� ' Gee AW * 15--?- 3 � f I . ta� Eagan City Council Attention:Michael Ridley, Planning Commissioner 3830 Pilot Knob Road Eagan, MN 55122 February 13, 2006 Dear Mr. Ridley, As you are aware, the residents of 3880 Princeton Trail have constructed a pigeon coop in their backyard. We live in the house immediately to the north of this residence. Although we have no complaints about our neighbors, we have been bothered by the pigeons. For several years, we have had a bird feeder in our back yard, which has attracted a nice variety of birds. We have enjoyed watching the cardinals, sparrows and other feathered friends enjoying a snack within view of our windows and deck. However, when the pigeons arrived, they soon found our bird feeder. Not only did they eat most of our bird food, but they drove away many of the other species that used to. enjoy our feeder. Finally we just stopped placing food in our feeder, as we were not interested in feeding pigeons. The pigeons regularly =fly through our back yard, and can often be found resting on top of our. roof. Our roof is:the highest roof in the neighborhood, and that may be why they seem to prefer our roof. We can clearly hear them in our upstairs bedroom and bathroom, and we can often hear them in other parts of our house. We have not inspected the roof, but have regularly seen messy droppings in our back yard and on our deck. We do not wish to cause trouble with our neighbors or with the city of'Eagan, however, we do not appreciate what these pigeons have done to our home and yard. Thank ou for reviewing our complaint, Steven and Faye Heffe 3874 Princeton Trail Eagan, MN 55123 651-452-8539 c: Mary Granley City Code Enforcement FE (D [ROW FE ►N FEB 14 2006 43 F P- C 1 FEB 10- 2005 February 11, 2006 City of Eagan Mayor Geagon and Council members 3830 Pilot Knob Road Eagan, MN 55122 Council Item: Carrier / homing / Racing Pigeon License for Danh Dao CONTINUED TO 2/21 Dear Mayor and Council Members: This letter is in support of a motion to deny a license for the above=mentioned property owner to be addressed at the City Council Meeting on February 21, 2006 until further review of our current ordinance as it reads. I have read the ordinance under 10. 12, subd. 7, E. Conditions of Permit. Under 3:(h) I have attached for your review a photo taken of "some" of the pigeons who are kept by Mr. Dao. These pigeons however are not on Mr. Dao's property, but the corner house directly to the north of Mr. Dao's property. These birds frequently perch on the roof top of the corner property. In addition to the photo, I have also enclosed the St. Paul and Minneapolis:ordinances for animal permits and have highlighted a requirement I feel should be considered for adoption by our - community. The area of interest has to do with written consent by immediate neighbors of homeowners keeping animals that could potentially be a nuisance to others. We live in a densely populated neighborhood. As we all feel we have the right to go about our business without interference from others we live in a neighborhood that must consider what we do and how it affects others surrounding us. It is my opinion that there is a need to require written consent by immediate neighbors when applying for a permit to house homing/racing/carrier pigeons. Thank you, Michelle Neumann 3 861 Gibraltar Trail p� a` 'i r; # � � i:., �. - 1. - I� ` tYi1j l r I 1 1 i � �{ll` �•Il \` `�4. ��^;� M t'*.. ,` y'�4 . 1 I' a r 'dpi/•h ,�'. u.. �� -: �,,, ,..r...�ml*.t'\14 11 I4� � �.��Il� 1� f}i;. i .F 4 � i i�. 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Coleman Mayor 8 Fourth St. E, Suite 200 Facdodk: 651-266-9124 Saint Paul, Minnesota 55101-1024 Web: www.ltep.us GMELMS _M_ _ 0 1 - = q _ A PERM TO MAINTAIN = I =gyp ��- _�- Saint Paul Legislative Code 198.02 1.. Complete the KEEPING OF ANIMALS PERMIT APPLICATION and the PETITION TO HARBOR AND&kLS. The petition should include the properties that are within 150 feet on each side and directly behind the properly where the animal(s) are to be maintained. The applicant is required to, obtain the written consent (signatures) of 75% or more of the owners or occupants of the properties. This does not include property located on the opposite side of a street. If the property, consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Mail or bring the completed application, petition, and fee to: City of Saint Paul Office of -LEP • 8 Fourth St, E, Suite 200 Saint Paul, -.MN 55101 . .._.. ... _ OR to: City of Saint Paul Animal. Control Center '1285.Jessamine Avenue W. Saint Paul, MN 55108 NOTE: FERRETS BEING KEPT AS PETS require vaccination against rabies. If the permit application is for a ferret, proof of current anti -rabies vaccination is also required. A current rabies certificate must be submitted with the application, and show the vet's name./clinic., the date of the rabies vaccination, and the expiration date of the vaccination. 2. The applicant must indicate the maximum number and species of animals on the permit application If'a permit's granted, the permittee shall not exceed the maximum number of animals on the permit or substitute the animals with different species. A permittee that wishes to increase the number of animals allowed or to substitute or add a different species to those listed on the permit, are required to apply for a new permit ('including a new petition) and pay the appropriate fee. NOTE: -if the penrlit is for a ferret, proof of current rabies vaccination must be included with the application. This would be a written statement from a veterinarian showing the date of the rabies vaccination and the expiration date of the rabies vaccination. . The permittee shall immediately inform the Animal Control Center in writing when the number of animals maintained on the premises exceeds the number, allowed by the permit or when a different species is substituted for those listed on the Permit 1�� 3. After review of the application and petition an inspection of the properly and facilities for housing the animals will be conducted by city staff If a permit is granted it will state the conditions, if any, imposed upon the permittee for keeping of the animals under the permit. * The permit shall specify the restrictions, limitations, conditions and prohibitions • which the environmental health officer deems reasonable necessary to protect any person or neighboring use from any unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the publicheahh and safety. 4. Violation of the terms of the permit or the guidelines for obtaining and maintaining a residential permit to harbor animals shall be grounds for revocation. 5. Substantiated reports from owners or renters within 150 feet of the outer boundaries of the permittee's property that the animals frequently or habitually are noisy or create another nuisance condition, shall be cause for revocation of the permit. b. Housing facilities and grounds shall be maintained in a clean and sanitary condition and in good repair. Flies, rodents and obnoxious odors shall be controlled. Facilities shall be kept free of fecal matter and collected fecal matter shall be properly stored and disposed. 7. When indicated, rodent control measures will be instituted. 8. No -permit: shall be issued until the owner has demonstrated that the animals -will be kept in a holding area capable of containing the animals. 9. Constiuction and maintenance of holding facilities shall comply with all applicable rules, regulations, ordinances and statutes. • 10. Obtaining and maintaining a p=h is also subject to any other restriction or condition not listed above which is imposed by the LEEP Office to protect -the public health and safety, or to prevent or control a nuisance . . condition unique to the applicant's premises or animals. 11. Fecal matter shall not be allowed to accumulate on the property. Fecal matter shall be removed at least twice each week between April l and November 30. Revised 32005 � \1 Animal Permits Page 1 of 1 "'•R;�'^,yx: °'' "r�`•�i'f;'ise1:'F�.L .ti:rr�.r•:l.?�''S:.'. �_..,�3r,,.,>:ati" `�+r:: ii..`;,v,�'G ii?`r<w:.'•:;v'.T�r��v.E'f);, ft x " 0.• H'LS SMi] ir• d� r ti i '•h ! t s,xFt"'- '� h r f,r "^ t G ?,�",5���i':..ift��,'�xix.5n,�+1,�.���r�1Y'r„:.r,S4'..5{.ii'11A�7��Xkt'"a'„•!{,i�;ay.•�Tx�..��9.������0.?.,�,:.4. ,•�'vy rCli :1: • City of Minneapolis Home Community Business City Hall Leisure 'W.S. htS : 't • Animal Care and Control Animal Caere & CO 4, Animal Permits 7. Multiple animal permits are required for more than 3 (in any combination of) dogs, cats, rabbits, or ferrets. Home Small animal permits are required to keep pigeons, About Animal Control ducks, chickens, etc., Animal Adootlons goimal Sites For information call the Animal Care &Control Program at Barking Dogs (612) 370-4970. Dangerous Dogs Finding Lost Pets The permit process requires: Leash Law Lkenses • Getting the consent of 80 percent of the neighbors within Multiple Animal Restrictions 100 feet of the property where the extra animals or small Off--Leash Parks animals will be kept. Ordinance and Statutes •. An Inspection of the premises where animals will be kept. • Reference . Permits • Fee of $20 for a multiple animal permit and $10 for a PeRescue Programs small animal permit. Permits are must be renewed annually. StrqY._AOlLn_al9,. ;. E s eeM All dogs, cats, rabbits and ferrets are also required to be licensed through the City of Minneapolis. Contact Us Animal Care and Control 212 17th Avenue North Special Event Permits Minneapolis, MN 55411 Special permits are required for events involving any Phone: (612) 348-4250 hoofed animal or-an * r an, animal that Is wild. by nature. Such Fax: (512) 370-1433 events could include circuses or pony rides. for a permit E-mail: animals • contact the Animal Care & Control Program at (612) 370- 4970 or download the Application for Animal Permit (PDF). Services I Contact Us I Search • City Home. I Community I Business I City Hail I Lelsur Q 1997-2006 Official Web Site of the City of Minneapolis, Minnesota Disclaimers and Notices I Privacy Statement Maintained by Minneapolls Business Information Services Comments or suggestions? Use the feedback form http://vmw.'ci.minneapolis.mn.us/animal-control/Permits-asp 2/11/2006 February 28, 2006 Pat Geagan MAYOR DANH DAO Peggy Carlson 3880 PRINCETON TR Cyndee Fields EAGAN MN 55123 Mike Maguire Dear Mr. Dao: Meg Tilley COUNCIL MEMBERS In action at its meeting of February 21, 2006, the Eagan City Council found that you had not met the conditions in the City Code relative to a permit for the keeping of carrier Thomas Hedges pigeons, including failure to meet with the Animal Control Officer to review the CITY ADMINISTRATOR registration and markings of the birds to be kept and the current management of the property such that the birds on site have not been managed and maintained within the structure as required for licensing. We realize that you took steps to conform to the requirements for the loft itself, but it would be necessary to conform with all requirements in order for a permit to be issued. MUNICIPAL CENTER As a consequence, it will be necessary for you to remove all .pigeons from the propert 3830 Pilot Knob Road within 60 days of the Council action. Since that date falls on a weekend, the pigeof Eagan, MN 55122-1810 must be removed from the site by Monday, April 17, 2006. 651.675.5000 phone 651.675.5012 fax If you have other questions concerning the Council action or this letter, please contact 651.454.8535 TDD Mary Granley of our Code Enforcement staff or Gene VanOverbeke of our. Administrative Services Division. MAINTENANCE FACILITY . 3501 Coachman Point Sincerely Eagan, MN 55122 651.675.5300 phone n Hohenstein Community Development Director 651.675.5360 fax 651.454.8535 TDD JH/j s cc: Mike Dougherty, City Attorney www.cltyofeagan.cbm Gene VanOverbeke, Director of Administrative Services t✓ Mary Granley, Senior Code Enforcement Technician THE LONE OAK TREE • The symbol of strength and growth in our community. ll� • Agenda Memo March 6, 2006 Regular City Council Meeting B. PIGEONS WITHIN THE CITY ACTION TO BE CONSIDERED: To approve (or deny) an amendment of City Code Chapter 10.12 pertaining to licensing for keeping carrier pigeons :with the City. FACTS: • The Eagan, City Code Section 10.12 provides conditions under which a license for the keeping of pigeons can be issued.. The City was approached with an application for a permit for this purpose under the ordinance. This application was considered by the•City Council at its meeting on February 21, 2006. The Council acted to deny the permit because the applicant had not provided documentation regarding the registration of the birds and the corresponding banding or marking of the birds to be kept, which is a requirement for a permit. • In the course of reviewing the information relaxed to the application and receiving • input from neighboring property owners regarding the consequences of having pigeons being kept in the neighborhood, the City Council indicated that those issues call into question whether it is appropriate to permit the keeping of carrier pigeons in neighborhoods with homes in single family or higher residential densities. • On that basis, the Council directed staff and the City Attorney to prepare a City Code amendment that would limit the locations in which such permitting may be considered to Agricultural (A) zoned properties of five acres or more. All other requirements for documentation, structures tures and animal management would remain the same. ATTACHMENTS: • Draft ordinance amendment on pages ilftv 2& ORDINANCE NO. 2ND SERIES • AN ORDINANCE OF THE CITY OF EAGAN, M[NNESOTA, AMENDING EAGAN CITY CODE CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRWES AND OFFENSES" BY AMENDING .SECTION 10.12, SUBD. 7(B); REGARDING REGULATION OF HARBORING CARRIER PIGEONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 10 is hereby amended by changing 10.12, Subd. 7(B) to read.as follows: B. Carrier pigeon permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any, carrier pigeon (1) in any zoning district, except agricltltural district provided the property is five or more acres. and (2) without first obtaining a permit therefor from the city. The fees for a permit hereunder shall be established by the council, by resolution, from time to time. Each permit hereunder shall be issued for a period of one year from its date of issuance. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled • "Violation a- isdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Mira Pepper Its: Deputy City Clerk Date Ordinance Adopted Date Ordinance Published in the Legal Newspaper. CITY OF EAGAN City Council By: Pat Geagan Its: Mayor I� 1 a 1 Jon Hohenstein oroma Mira Pepper ent: Moriday, March 06, 2006 10:32 AM o: Jon Hohenstein Subject: FW: Pigeon Ordinance => Follow Up -----Original Message---- From: Eric -Comcast [mailto:edrenckh@comcast.net] Sent: Sunday, March 05, 2006 9.:18 PM To: City Council Subject: Fw: Pigeon Ordinance => Follow Up Thank you all for taking the time to speak with me over the past few days. I did want to re -iterate that racing pigeons can be trained, and a properly trained bird will not sit on a neighbors house. I amnotsure if the person in question knows how to train his birds, or what the purpose of his birds are. Even if they are racing pigeons by ' name, they are not.racing pigeons.. My birds are racers. Races are won and lost by seconds, a bird cannot win if it isnot trained to come home quickly, and go into the loft immediately. 2 do not even tolerate my birds on the loft roof,, let alone the neighbors roof. There are pigeon racers in St. Paul, Minneapolis and all of the outlying areas. Many have smaller lots that the individual in Eagan. The difference however, is that the training of a race bird is intense, and very regimented. A bird that comes home fast, and wins races, can win a substantial monetary prize. Loitering is,not.something a pigeon racer tolerates. believe that the current ordinance is working fine, as proven even in this instance. A possible change that may make sense is an addition like White Bear ordinance. From what I read in the paper, a pigeon fancier must belong to a pigeon club. A club, especially a ` local one with active members, will enforce the need for a'solid, clean loft. No legitimate fancier wants to be a sore eye for the neighbors. Similar to the way a member of a dog'club will normally have a better trained dog. Feel free to look at some picture of my loft. http://edrenckh.home.cokcast.net/PigeonArea/images/LoftPictures-Pagel.htm Pioneer Press Article http. //'www.twinci,ties.com/mld/twincities/news/local/states/minnesota/counties/`dak'ota/14014 682.'htm Eric Drenckhahn 2811 Pilot Knob Rd Eagan, MN 55121-1121 edrenckh@comcast.net Home 651-405-0338 Cell 651-283-7651 ---= Original Message ----- rom: "Eric -Comcast" <edrenckh@comcast.net> To: <citycouncil@cityofeagan.com> Sent: Saturday, March 04, 2006-9:06 Subject: Pigeon Ordinance . l as > As a long time Eagan resident, I am opposed to any changes in the pigeon > ordinance (to be discussed in New Business, 3/6/2006). > > New Business Agenda Item. > B. ORDINANCE AMENDMENT - City Code Chapter 10.12 pertaining to the > licensing for keeping carrier pigeons within the City. > I currently live on almost two acres, keep a team of racing birds, and do > not have any issues with my neighbors. It is unfair; due to actions of > certain individuals, to develop a prejudice against all of the individuals > in the City that may.have pigeons as their hobby. > > As you probably already know, the sport of racing pigeons goes back well > over 100 years. There were national organizations founded for the sport > for well over 125 years ago. They served gallantly in the many wars • delivery messages from soldiers on the front lines and continue to this > day to be a symbol of peace. > They continue to remain a.genuine sport, with these accomplished athletes > being able to return home from over 600 miles in a single day. > I am requesting the City Council either table this new business item; or > take a minimum 90 -day period for additional review. > Eric Drenckhahn > 2811 Pilot Knob Rd > Eagan, MN 55121-1121 Page 1 of 1 Mira Pepper • From: SteveOlis@aol.com Sent: Saturday, March 04, 2006 9:30 AM To: City Council Subject Pigeon Ordinance March 4, 2006 Dear Council Members: I read Ms. Lindsay's article on banning of pigeons in the city. One of the people commented in the article that the pigeons were eating her bird seed that she put out for the -birds. She is no doubt attracting feral pigeons and doves rather than pi9eons that are being raised and cared for by someone. This practice of feeding the birds and attracting feral pigeons is a significant nuisance and should be addressed at the same time as legislation is being formulated against someone who is caring for their pigeons in their own loft as a hobby. The problem with feral pigeons in the city can be a significant problem which arises because the birds are attracted by a food source. This can be from people feeding the feral pigeons or people or businesses throwing food on the ground rather than disposing of the food in the proper manner. Before the city starts passing regulations on 'a person who is keeping a few pigeons as a hobby, the problem with pigeons should be addressed In its entirety. In reality the city is usually the largest keeper of pigeons (feral) due to the practices I mentioned above. If the pigeon issue is to be addressed fairly, the back yard will bird feeders, the improper disposing of food and the backyard hobbyist should all be addressed at the same time to have the desired effect and to be fair to everyone. Thank You, Steve Olis 3/6/2006 1 r Page 1 of 1 Mira Pepper _.___w _._ _ _ _ _ _.___ _ • From: Robert E Boltz [bmboltz@juno.com] Sent: Sunday, March 05, 2006 9:36 AM To: City Council Subject: pigeon restrictions am a pigeon flier in Ohio. and i have a friend who lives in your area told me of your concern over the' housing of racing pigeons i hope you will take good look at what caused this issue to come before you! Please do not punish all because of one person 3 Most pigeon people keep their lofts and birds in good condition and get along with people near to them! We have much invested in our birds and take care of them and keep them 'healthy. When my neighbors are planning outdoor events i do not lei my birds out! I clean my lofts daily, as do most pigeon people. hope you can come to a fair decision! Thank You for your time!! Bob Boltz, Marion, Ohio member of the Buckeye Racing Club 3/6/2006 la�;— Mira Pepper, kom: Gary .& Karen Gleeson [easipets@iinet.net.au] nt: Sunday, March 05, 2006 5:37 PM To: City Council Subject: Pigeon keeping code of practice Importance: High Attachments: Pigeon Keeping and Racing Code of Practice.pdf pigeon Keeping and Racing Code... I am an acknowledged international authority.on pigeons and human health. I am informed that your council is.considering regulating pigeons in your municipality and have been requested to write to your council on this matter. There are four issues to consider: 1. Well kept pedigreed Racing Homers are a very different animal to feral pigeons such as those that probably found in your town centre. It's like comparing 'thoroughbred race horses with wild horses. The same species but that is where the similarity ends. 2. Racing Homers are an incredibly hardy and healthy breed. They have to be to fly the enormous distances required.of them in competitive times. 3. There is n& record in the scientific literature of ANY disease EVER being transmitted �rom pedigreed Racing Homers.to'Humans.. 4. -Pigeons fanciers are not some weird fringe group. Pigeon Racing is a highly organised, multi billion dollar activity operating worldwide under the auspices of the Federation Colombophile Internationale. -The extent of this organisation is evidenced by the fact that I am sending you this email from the other side of the world. The keeping of pigeons is an ancient and honourable pastime practiced worldwide by many prominent individuals as well as the ordinary person. See for example http://wWw.geocities.com/Heartland/Acres/4497/famousfanciers.html 5. worldwide many fanciers, and their organisations have successfully taken legal action against both local authorities and complaining neighbours to protect their right to enjoy their chosen pastime. When the local authority or the complainant has been seen to be acting,on complaints that are based on prejudice rather than facts the pigeons fanciers case has been much easier to prove. The rulings of the courts have generally been that the local authority has the right to regulate the keeping of pigeons'but not in such a way as to effectively ban the activity altogether. If you should decide to go down the regulation path I suggest you have a look at the Code of Practice "Pigeon Keeping`and-Racing" published by the,Western Australian Government and available at http://www.dlgrd.wa.gov.au/localGovt/animalWelfare/codesPractice,asp Western Australia is an acknowledged leader in this field from both the local government and animal welfare perspectives and this Code represents "world's best practice". In Western Australia most local government authorities have a simple regulation that says pigeons must be kept in accordance with the Code of Practice "Pigeon Keeping and Racing". If I can be of any assistance please do not hesitate to contact me. Gary Gleeson �10 asipetsoiineit-net-a u lade PIGEONS Code of practice for pigeon keeping and racing in Western Australia ISBN 7307 6330 7 . Published by the Department of Local Government and Regional Development • Western Australia March, 2003 I � Code of practice for pigeon keeping and racing in Western Australia PREFACE •The Code of practice for pigeon keeping and racing in Western Australia is based on the Code of Practice - Pigeon Keeping and Pigeon Racing and has been adapted for use in Western Australia. The original Pigeon Code was prepared by the Pigeon Racing Federation of WA (Incorporated) and The Independent Pigeon Racing Federation (Incorporated). , It was prepared in consultation with the relevant industry organizations and state agencies and is supported by the Department of Agriculture. This code has been prepared to assist all persons handling or using racing pigeons in Western Australia, and reference to this code is made in Regulations provided under Section 25 of the Animal Welfare Act 2002 for the purposes of a defence against cruelty. It is not intended to be used for either audit or compliance purposes. It is based on current knowledge and technology. It will be reviewed in the future on a needs. basis, to take account of advances in the understanding of animal physiology and behaviour, technological changes in animal husbandry and their relationship to the welfare of animals. Further copies of this code are- available from the Department of Local Government and Regional Development or from the internet at: hU://www.dlmd.wa.izov..au c01g 2 Code of practice for pigeon keeping and racing in Western Australia CONTENTS PREFACE...................................................... :.......... ............................................................................. 2 PART 1. GENERAL REQUIREMENTS FOR RACING.........................................................4 1. DUTY OF CARE TO PIGEONS .................................................... ..................................4 2. ILL TREATMENT OF PIGEONS.............................................................:....................4 3. ACCEPTANCE AND INSPECTION OF PIGEONS FOR COMPETITION.............4 4. CARRIAGE AND CONVEYANCE OF PIGEONS.......................................................5 5. FEED AND WATER PROVISIONS UNDER RACING CONDITIONS....................6 6. RACE AND TRAINING PROGRAMMES,.COMPETITIONS, AND THE RELEASING OF PIGEONS FOR FLIGHT WHEN AWAY FROM HOME .................... 7 7. DRUG FREE RACING.....................................................................................................9 PART 2. HOUSING, FEEDING, EXERCISE ......................................................................10 8. THE PIGEON "LOFT"..................................................................................................10 9. FEED and WATER.........................................................................................................12 10. EXERCISE.......................................................................................................................13 Ia9 3 Code of practice for. pige on keeping and racing in. Western Australia PART 1. GENERAL. REQUIREMENTS FOR RACING 1. DUTY OF CARE TO PIGEONS 1.1 The Pigeon Federations as parent bodies for its member clubs and affiliates believe that people who .own or are responsible for the care of pigeons have a. fundamental duty to take all reasonable steps to ensure the welfare of those pigeons. 1.2 The Racing Pigeon should be exercised daily, sufficient to ensure its fitness for the purpose intended: 0 Free -flight exercise is to be on a planned basis, with duration time typically from .30 to 90 minutes and performed to a maximum of.twice daily. • Other than for pigeons returning from racing and training, daily times for free flight exercise are to be on a planned basis, typically from daylight and concluding by 0900 hours and between 1530 hours and 1900 hours with adjustment according to the available daylight. • Application to the Federation/s for planned exercise outside the typical hours should be made. • Free non -flight time, at any time, is to be conducted under close supervision by the owner. • 2. ILL TREATMENT OF PIGEONS 2.1 The Federations define ill treatment of pigeons as wounding, mutilating, abusing, ' tormenting and torturing, wanton or malicious beating .and causing unnecessary pain or ,suffering. These acts are considered by the Federations as unacceptable treatment of pigeons. 3. ACCEPTANCE AND INSPECTION OF PIGEONS FOR COMPETITION 3:1 The. Federations acknowledge the depth of expertise for pigeon care available from each member and within affiliate clubs. The Federation will draw on this 'expertise to provide suitably qualified personnel for the inspection of pigeons submitted for competition. 3.2 Stewards. The Federations will select. annually from a, list of names forwarded by each club to act as Stewards on the Federations' behalf for the inspection of pigeons submitted for competition. 3.3 Steward Instruction. All appointed Stewards are to be given Veterinary instruction at the Federations' expense. 3.4 Acceptance of Pigeons By Stewards. All pigeons are accepted by the Stewards on the grounds of sound health and physical fitness to successfully complete the journey set for the i event. 130 Code of practice for pigeon keeping and racing in Western Australia 3.5 Steward's Right of Refusal. The Steward .retains the right to refuse an entry without challenge on the grounds of poor health, or physical impairment, or neglect, as to limit its opportunities to return safely; or on the grounds of a contagion hazard to other entries. Such • refusals are to be documented for the Federations' action as necessary. 3.6 Health Examples. Poor pigeon health can be described as symptoms such as general lassitude from obvious sickness, respiratory disease indicated by wheezing, sneezing, nasal and eye discharge (i.e. Chlamydia infections), Pigeon Pox and the like. 3.7 Neglect. Neglect can be described as the 'pigeon being presented in a soiled and generally dishevelled condition and or harbouring external parasites. 3.8 Physical Impairment. Physical impairment is intended to cover any condition which is likely to diminish the chances of the pigeon to successfully complete the journey. Examples of impairment are: • Injuries and scaring both old and new which are visible or felt when holding thepigeon. • Insufficient feathering which is likely to inhibit the pigeon from flying, competitively, is an impairment. • Insufficient primary wing flights is an impairment, as is also a pigeon presented in the eight and one half stage of primary flight growth, irrespective whether number ten primary flight remains attached or not. • 4. CARRIAGE AND CONVEYANCE OF PIGEONS 4.1 PANNIERS 4.1.1 Configuration. The carriage of pigeons is,, to be within the recognised rectangular or square pannier2 configuration, allowing for adequate air exchange at both sides and top and for the pigeons to freely view their outside surroundings. 4.1.2 .Size of panniers. The Federations recognise that private pigeon carry panniers are constructed in many sizes to suit or fit individual circumstances, . such as vehicle configuration, and it is not intended to interfere with, this freedom. Instead, the Federations set minimum space requirements per pigeon as follows: 4.1.3 Height Allowance in panniers. The minimum height for all panniers, whether owned by the Federations or otherwise, is 21cm' .and is exclusive of all wire and plastic mesh bottom inserts. 4.1.4 Space per pigeon in panniers. The space allowance per pigeon will vary according to the time such confinement is in force, the distance of the race and whether provision has to be made to feed and water the pigeons eni route and at the liberation site. 'of the ten prirnaryflights in a pigeon's wing numbered from 1 to 10 outwards, the stage is indicative when the eighth primary is full grown and number nine is only part way grown, to any length short of the full grown length: 2 A term which means basket and can also be described as a crate or carry box. For pigeons, it is generally designed specifically for their confinement and conveyance. I ? I 5 Code of practice for pigeon keeping and racing in. Western Australia 4.1.5 Allowances. These allowances apply to any pigeons being conveyed in any pannier used for private training, Federation training and or racing, or for conveyance of pigeons to. • the club rooms for entry into competition. 4.2 Confinement Provisions The allowance is made on the following basis: 4.2.1 Overnight confinement of 24 hours or less duration and or the race journey is 500 kilometres or less, measured from the longest competitor, allow 200cm2 per pigeon per pannier. For competition events, the confinement period commences at the club starting time for acceptance of pigeons for entry. 4.2.2 Confinement in excess of 24 hours or 500 kilometres, as described, allow 300cm2 per pigeon per pannier, so as to ensure the pigeons can achieve the normal reclining position, typical for extended travel. 4.2.3 An example of permissible pigeons per pannier is shown as follows: Pannier dimension 90cm x 60cm = 5400cm2 divided by 200cm2 27 pigeons for overnight confinement and when divided by 300cm2 = 18 pigeons for extended periods and for when feed and water is necessary. 5. FEED AND WATER PROVISIONS UNDER RACING CONDITIONS. - 5.1 No Feed. The Federations have determined that there exists a balance between the need to feed the pigeons en route and at the liberation site, so as to sustain reserves of energy to complete the journey, and the need to avoid the detrimental effect of commencing a journey on a fall stomach. On this basis it is determined that for up to 24 hours confinement, en route, involving an overnight journey, and or the race journey is 500 kilometres or less, measured from the longest competitor, no feed provisions are to apply. 5.2 Feed and Water. Where the confinement is expected to exceed 24 hours and or the journey is in excess of 500 kilometres as described, provisions are to be made to. feed and water the pigeons. 5.3 When to Arrange. When feeding and watering of the pigeons is required, the Federations shall arrange for entries to be accepted at such a time that will ensure that the Transporter will arrive at the liberation site by at least 1600 hours on the day before the event is to start and at which time feed and water procedures are to commence. The feed is to remain in front of the pigeons for a minimum time of 1 hour and no more than 3 hours, whereupon it shall be withdrawn. The water shall remain available for the pigeons continuously until one hour before liberation, whereupon it shall be withdrawn. 5.4 Supplementary Feed and Water. Supplementary feed and water en route is to apply by at least 1600 hours daily in. the manner prescribed, where the journey time to the liberation site exceeds the 1600 hour provision for arrival, time. 6 (;0 Code of practice for pigeon keeping and racing in Western Australia 6. RACE AND TRAINING PROGRAMMES, COMPETITIONS, AND THE RELEASING OF PIGEONS FOR FLIGHT WHEN AWAY FROM HOME 6.1 Annual Programmed fixtures • Notwithstanding the role and the provision for Stewards put in place for the inspection of pigeons being entered for competition, it is widely' known that in Western Australia the months of April and May is a stressful period for a majority of pigeons in completing their annual moult cycle. This has specific reference to the shedding and replacement of the 8th, 9th and 10th primary flights in each wing, which, from general observation is seen to place both physical and psychological effects on some pigeons and leads to a reduced potential for flight in those birds, when so affected. For the general welfare of the pigeons, the annual programme of fixtures, arranged by the Federations, will be devised so as to coincide with. the weekend falling nearest to the fifteenth day of May in each year. All pigeons entered for competition in the month of May shall be fully flighted, in terms of their primary wing flight growth, and such races in the month of May shall not exceed 160 kilometres. 6.2 Race Controls' 6.2.1 Appointment. The Federation will appoint annually a committee comprising three or more members including the official Liberator and presided over by the Federation President, who will arrange and conduct the annual race programme. 6.2.3 Name. The Committee is to be known as the Race and Liberation Committee and will have control over the welfare of the pigeons, their collection, transport' and liberation. They . shall also compile, amend and manage the annual programme of racing, by the member clubs, in the interests of the welfare of the pigeons. 6.2.4 Powers. The Race and Liberation Committee is empowered to cancel, postpone or alter the race venue and to direct the Conveyors/Liberator, in charge of the pigeons, to make whatever adjustment are necessary for the welfare of the pigeons. 6.2.5 Conveyors/Liberator. The appointed Liberator has responsibility for performing the release of pigeons, at the liberation site, in such a manner as to avoid potential for injury to the pigeons on'release. The authority to release pigeons, in -all races, rests with the Race and Liberation Committee. The Liberator shall contact a, pre -arranged and nominated, Race and Liberation ' Committee member, at least .one hour prior to release to report on conditions, discuss local conditions and receive approval to liberate. Having liberated, the Liberator will again contact the nominated Race and Liberation Committee member providing details of the liberation for announcement to competitors. 6.3 Race Delays and Hold -overs. 6.3.1 Where the liberation is delayed because of adverse weather conditions, such delay will remain in force until the Hold -over time is declared. When the Hold -over time is declared the pigeons will be held for a planned release the next day. 6.3.2 Second Day. On the second day, the.Race and Liberation Committee will decide to: • 9 Release the pigeons at the time scheduled for the previous day, or, Code of practice for pigeon keeping and racing in Western Australia • Bring the .pigeons back to a shorter liberation site and reconsider the situation at that . shorter distance, or, • Hold the pigeons at the original site until Holdover time is again reached, and at which timetherace will be declared cancelled and the pigeonsreturned home for collection by their respective owners.. 6.4 Rain and Fog. Rain and Fog at Liberation sites are known to interfere with the pigeons' ability to orientate. Pigeons, therefore, are not to be liberated away from the home lofts, for training or racing, into rain or fog and the liberators are to wait until such conditions abate or abort the exercise. 6.5 Liberation time. The release of pigeons for both training and racing are governed both by conditions at the liberation site 'and the time of year. 6.5.1 During the months of June to August pigeons are to be liberated as follows: Under clear sky conditions - release a minimum of 15 minutes after gazetted sunrise for the area. Under over -cast sky conditions release a minimum of 30 minutes after gazetted sunrise for the area. 6.5.2 During the months of September and October pigeons are to be liberated as follows: Under clear sky. conditions - release at the discretion of the Official Liberator. Under over- cast sky conditions release a minimum of 30 minutes after gazetted sunrise for the area. 6.6 HOLD -OVER CONDITIONS 6.6.1 The Hold -over time for any race is calculated by counting backwards from thirty (30) minutes after the gazetted time of sunset, at the home end, by the time derived from dividing the distance for the journey by 55 kilometres per hour -(to the nearest quarter hour), which represents the recognised average speed for pigeons in flight, under adverse conditions. The holdover time therefore represents the estimated 'absolute .latest time for liberation, allowing the pigeons time to make the home lofts on the day of liberation, under adverse conditions. 6.6.2 Example. An example of a declared Hold -over time is shown as follows.- Journey ollows:Journey is 500 kilometres and sunset at the home end is 1800 hours or 6.00pm. Journey time at 55 kilometres per hour, average speed for the pigeon, is 500155 = 9 hours. The latest time for release on that day before a Hold -over is declared is therefore, 1800 hours, plus 30 minutes, minus 9'hours = 0930 hours or 9.30am. 'For this purpose., Adverse Conditions refer to the presence of rain enroute nd where this is associated with weather, systems (side and head winds) which,are ,likely to reduce the average speed of the race below 60 kph over the measured distance. Code of practice for pigeon keeping and racing in Western Australia 7. DRUG FREE RACING Because of the significant' time delay between the entry of pigeons for a race and the actual • liberation time many performance -enhancing drugs illegally used in other contests are rendered ineffectual for pigeon racing. It is,i, however, policy that pigeon racing remains free of any administered performance enhancing drugs and this has particular reference to the use of any of the anabolic steroids and corticosteroids. Any competitor found to have entered a pigeon injected with any performance -enhancing drug will be held responsible and be dealt with by the Federation. Any pigeons found sick or dead within the race panniers at liberation will be sent for analysis. Where an injectable substance is detected the owner/s will be held responsible and be dealt with by the Federation. 13s 0 Code of practice for pigeon keeping and racing in Western Australia PART 2. HOUSING, FEEDING, EXERCISE • 8. THE PIGEON "LOFT" 8.1 Dimensions. The Federations recognise that pigeon "Lofts" are constructed in many sizes to. suit or fit individual circumstances, such as available space within a conventional residential block, and it is not intended to interfere with. this freedom. Instead, the Federations set nunimum space requirements per pigeon as follows: 8.2 Racing "Loft" 8.2.1 Height. The minimum common average, floor to ceiling height, for all "Lofts" will be 165cm. 8.2.2 Box Perches. The space occupied by wall mounted box perches with minimum: dimensions 24cm (Height) x 24cm :(Width) x 8cm (Depth) and the number of box perches exceeds the number of pigeons by a minimum of 10%. The box perch configuration represents the highest density for acceptable and adequate housing method for racing pigeons and is the standard adopted for the Code of Practice. The Code does not preclude other means of perch configuration but all configurations must contain a p1us10%o surplus ratio between perch space and pigeon numbers allowable within the Living Quarters. 8.2.3 Minimum Space per Pigeon. Where all space is occupied by the pigeons, only, and P excludes provision for feeding and or owner occupancy and utensils, as.'otherwise provided by passageways, trapping and feeding centres, the minimum space per pigeon -is 92000cm3 or 0.092m3 or (0.45m)3• Where feeding is carried out in the occupied space, the minimum space per pigeon is 0.132m3. In calculating minimum dimensions, no side of the loft can be more than four times the length of the other. 8.2.4 An example of maximum permissible pigeons and minimum box perches per occupied space in the Living Quarters is described as follows: "Loft" dimension 180cm (Width) x 210cm (Length) x 180cm (Height) = 6804000cm3 divided by 92000cm3 = maximum 74 pigeons and minimum 81 box perches, where feeding is performed elsewhere and there are no utensils within the living quarters. For "Lofts" where feeding is performed in the Living Quarters, the maximum number of pigeons is calculated as 180cm (W) x 210cm (L) x 180cm (H) = 6804000cm3 divided by 132000cm3 = maximum 52 pigeons and minimum 57 box perches. 8.3 Stock "Loft" The Stock "Loft" is used for housing the breeding pigeons of the "Loft" and because of their • value and invariable background of racing from some other inter or intra state lofts, are not able to be freed for exercise. These pigeons require extended space for their good health and well-being. 134) 10 Code of practice for pigeon keeping and racing in Western Australia 8.3.1 Living Quarters The Stock "Loft" shall generally be of similar configuration as the Racing "Loft" except, in • the place of Box Perches, that breeding compartments are provided. Typical dimensions for breeding compartments are 55cm (Width) x 45cm (Height) x 50cm (Depth)_ Adequate space to maintain health and well-being of pigeons, within the Breeding "Loft", shall be calculated as two and one half (2.5) times the provision, as minimum space, per pigeon, in Living Quarters where feeding is provided externally, and owner occupancy and utensils are excluded. The Maximum allowable number is calculated from the above example as follows: "Loft" dimension 180cm (Width) x 210 cm (Length) x 180cm (Height) = 6804000cm3 divided by (92000cm3 x 2.3 = 30 pigeons (or 15 mated pairs of pigeons) for the space provided. 8.4 The Ideal "Loft" The following is provided only a guide but reasonably reflects the hallmarks of a well organised and well constructed pigeon racing loft. There are a number of essential elements that make up the building of a "Loft". It needs to be dry and warm over the winter months and therefore needs to be built for that period of time. For the summer heat it also needs to have ventilation modifications, such as flaps and ventilators that can be adjusted and closed off as the winter approaches. It needs to be is configured for ease of cleaning and for the comfort of the pigeons and box type perches are most suitable for both. Where practical it needs to be sited on the Lot so that the front of the "Loft" faces North East, in Western Australia, and to face away from the prevailing winter winds and rain, whilst taking full advantage of the morning winter sun. 8.5 Ventilation. There needs to be adequate air exchange within,a pigeon racing "Loft" without causing drafts. Under and over floor ventilation promotes essential dryness required for a healthy "Loft". Gabled type roofs are encouraged to cater for adequate air displacement. Where a gabled roof is not provided, an opening at ceiling height at the rear to the outside, of no less than 10cm along the full length of the Loft, is to be provided. Alternatively, a "Witches Hat" type chimney or similar ventilator should be placed centrally within the roof to effect the required air exchange and to promote good health and comfort for the pigeons. 8.6 Construction. The Federations recognise that existing pigeon "Lofts" have been constructed to a number of standards and designs and it is not intended for these "Lofts" to conform to the Code of Practice, while they continue to be utilised in their present configuration. Instead, the 40 Federations set basic standards for all new, changed, extended or upgraded "Lofts" taking place after January 1 1995. 13-7 11 Code of practice for pigeon keeping and racing in Western Australia It is also recognised that in some municipalities regulations exist for construction of pigeon "Lofts" and where these regulations are in conflict with the Pigeon Keeping and Pigeon • Rasing Code of Practice, the Federations will make appropriate representation to those authorities, seeking their cooperation and assistance, in the interests of conformity of regulations. 8.6.1 Off -Ground. All, new "Lofts" shall be constructed off -ground with minimum height from ground to floor level of 20cm, allowing for free flow of air under floor. 8.6.2FIoor areas may be either of two configurations: • Trafficable mesh grating floor, allowing for droppings to pass through for collection from below floor level. • Trafficable timber floor with suitable moisture absorptive qualities, and for regular ease of scrape cleaning. e.g. chipboard, plywood. o For the health of the pigeons, external open aviaries and or "sun yards" which. are exposed to the elements are to be constructed off ground typically by using trafficable mesh floor for under -floor cleaning, or other suitable floor materials, 8.7 Insulation For the welfare and comfortof the pigeons, where external cladding of a "Loft consists of brick or metal such lofts shall be internally lined 'with plywood, or chipboard, or other heat retaining, materials. For prevention of condensation dampness, all metal type roofs shall be insulated. 9.8. "LOFT CLEANING" Where above floor compartment droppings remain permanently dry, compacted and unfriable, and are of 2cm thickness or less, and are used as part of the pigeon racing incentive, these are not considered a health hazard to either pigeons or humans. 8.8.1 Deep Litter4, unless of a substances approved by the Federations, is not permitted. 8.8.2 "Loft" floors are to be cleaned on a minimum basis of once per week. 9. FEED and WATER 9.1 Feed The Federations recognise that there are many successful methods for feeding of racing pigeons and it is not intended to regulate this activity other than to document normal feeds and feed practice. Essentially, racing pigeons thrive quite effectively on most grains and legumes, with wheat being the base staple. It is usual to supplement a wheat based diet to -varying percentages with field peas, maize, sorghum, oats, rice, barley, certain pellet preparations and other • small grains. The normal feed regime for racing pigeons is twice daily and given after. exercise. 13 4A'term used to denote permanent floor dressings comprising dried pigeon droppings and other organic and mineral materials. 12 Code of practice for pigeon keeping and racing in Western Australia 9.2 Water Clean water in the home "Loft", available at all times, with and without additives, is essential. Water is to be changed twice daily and more frequently in summer months, especially in the Stock Loft. 10. EXERCISE The Racing Pigeon should be exercised daily, sufficient to ensure its fitness for the purpose intended. • Free -flight exercise is to be on a planned basis, with duration time typically from 30 to 90 minutes and performed to a maximum of twice daily. • Other than for pigeons returning from racing and training, daily times for free -flight exercise are to be on a planned basis, typically from daylight and concluding by 0900 hours and between 1530 hours and 11900 hours with adjustment according to the available daylight. • Application to the Federations for planned exercise outside the typical hours should be made. • Free non -flight time, at any time, is to be conducted under close supervision by the owner. • Other than for planned free flight and non -flight times, all racing pigeons are to be confined within their home "Lofti5. • Persistent fielding and or roof sitting habits are not allowable. rl sColloquial tern The name "Loft" (GB) is widely used in pigeon racing a the pigeon cage, house or coo USA and has its origin as e P g g P ( ) gi th traditional hay loft used for keeping pigeons, or in some European areas in the attic of the house. 13 4 I I� U -A USCIE TIFIC,AD VISORYTASKFORC - A COM opittee of the American Rating pigeon (Inion, Irza Commissioned January 2004 Veterlaary Position Statement Regarding the Health Aspects of Pigeon Keeping A Approved a i a resolution of the Amerleau Rating Pigeon Union July 18, 7004 'The keeping and recrei tionai use of pigeons, under currently accepted standards of pigeon husbandry and h giene, is a safe activity, and poses no particular hazards to public health or safety o to the personal health or hygiene of pigeon caretakers beyond the ask posed by the ka ping of any other animal. There are no zoonotic diseases specific. to pigeons. For a healthy, immune -competent peon, pigeon keeping in accord WM current avicultural tandar'ds is it very sa& activity, Pigeons are extremely to keep, with very simple nutritional and husbandry requiretaants. They can comfortably tolerate a wide variety of enviraamental conditions, and adapt vegyreadily coutfortably to a wide variety of ssrricul .viral situadons and rises. Although relative rare, the few diseases pigeons do get are easily treated with readily available m ' 'ons or prevented with vaccines. Wifidn the field of Veterinary Medicine, there is a spcx Wty of Avian Medicine to support pigeon fanciers in keeping their birds healthy and mfortable." in 0=214eration of reseaarelt condncied p Paul Miller, DVM Iiarrisburg PA Roger Harlin. DVM Oklahoma City. OK as from the United States Communicable Disease Center and of taiaing to registered, pedigra d Homing Pigeons, we affirm that to. or knowledge, the above Statement is arae. Robert Lymb, Ph.D. Warren.Shetrone, DVM. Tifton, GA Escondido, CA Jim Vandenccid, DDS John K=niemzak.DVM Anaheim, CA West Trenton, NJ' James Higgins, DVM Mt. Bethel, Pk American Racixg Pigeon Union, Inc.. 11.0. Box 18463 Oklahoma City, OK 73154-0465 405.848-5801 www.pigeon.org HOMING, PIGEONS PERcEpTioN VS, REALITY Freon ThE AviAN AssiSTANCE CVUNC1L ANd TkE S AMERICAN RAC[Nq PigEON %INION, INC. jqj '. -p .. _..31ill u f ' I FOREWORD WELCOME! Ibank you for investing just a few minutes to learn more about the incredible feathered athletes known as Homing Pigeons. This brochure was preparedby the Avian Assistance Council, a group of attorneys from around the country who have both a professional and a personal interest in the welfare of these birds. In the course of the next few minutes, you just may find that your own mental picture of the pigeon is changed. We hope so, for we are well aware of the commonly held notions and stereotypes. Our registered Homing Pigeons really are birds of different feather! They have been among the most noble servants, not to mention war- dors, ardors, of mankind. We further hope that you may appreciate the rights of you fellow citizen's to engage in the hobby of keeping these -most special birds. t Thank you, and we welcome all requests for additional infor- ' mation. The American Racing Pigeon Union P.O. Sox 18465 Oklahoma Cit}, OK 73154-0455 www.P]Ll,een.org 1:RSTORY ' Modern pigeon racing had Its beginning in the early 1800's in Belgium. However, man has long used pigeons as pets, as a source of food and as message carriers possibly as far back in t hne as 5,000 years ago. Neolithic man began tam Ing animals around 8=years ago. The pigeoa,a seed eater, would have been relatively easy to domesticate. Certainly, as man began to grow grains, the pigeon is a species tbat would have naturally gravitated around human settlements and farms. ' - At the height of the Moorish Empire, the Arabs used pigeons as messengers. In the Dark Ages and in Medieval times. from Baghdad in the Middle East to the ! Barbary Coast in North Africa, Arab officialdom. employed carrier pigeons. Genghis Kahn also reputedly made use of pigeons as his empire expanded. Carrier pigeons were a .major component in the expansion of the industrial revolution. Reuters News Agency was begun with homing pigeons. Tho symbol for many European postal systems is a stylized figure of a `carder (horning)" pigeon, to this day. Pigeon racing in Belgium probably began with the use of Persian messenger pigeons as the foundation stock. Crossed with local pigeons, the modern racing hosier gradually developed into what we know It as today. That development continues unabated. The first known long distance pigeon race was in Belgium in I818. In 1820 a - race was flown fromParis to Liege, and in 1823 from London to Antwerp. By 1870 I there were ISO racing societies in Belgium and over 10,000 lofts. Neighboring v— Holland became fascinated with the hobby and wholeheartedly joined. in. After 1875 the hobby of pigeon racing gained popularity in England. Today there are approxinuitely 90AOOlor4s each in both Belgium and Holland while there are some IOOPOOIofts in England. '�t8-11B�by�VaB-IA1�868d-t�B-�inli8d�tdtES6•-il}th6�at8ilin@lBtlRtl}�81itUFy:--— It also gained a foothold in parts of France. It is now becoming popular in Japan, Taiwan, Canada, Australia, South Africa and mainland China. There are fliers in India, Argentina and Hungary. However, the birthplace of llie sport as we know it, Belgium, remains the center of the fancy. Al present, there are approximately 15 AM registered racing pigeon lofts • in America. In the past live years interest in pigeon racing in this country has been growing. It is thought That this is mainly due to the popularity and escalating number of young bird futurities. This hobby has developed into a wholesome backyard sport in which the entire family can participate. The American tendency toward enterprise and competition is nicely met by this trend in the bobby. With -the recent creation of The Pigeon Center and The international Institute of Pigeons and'Doves in Oklahoma City, the sport is entering a new phase. The American Racing Pigeon Union, (AU) the leading organization of fliers, has joined With the Canadian Racing Pigeon Union. International Federation of American Homing Pigeon Fanciers. Inc., and the National Pigeon Association in what will tually become a federation of the sport. COMPARISON OF RACING PIGEONS WITH OTHER BIRDS Many local governmental officials mistakenly believe that registered racing pigeons are the same birds as The wild pigeons which overpopulate town squares, public buildings and parks; chcy are not. In fac(,registered racing pigeons are kept and revered like birds of all kinds, such as parakeets, parrots, cockatiels. macaws. doves, hawks and falcons. Registered racing pigeons arc a"md by fanciers for theirsuperb athleticism, determination, and loyalty to Their home lofts and owners. Because they are expected to race home fromdistanees.up to6Otlmiles in aday, racing pigeons must be in perfecl health. well fed and cared for daily. Registered racing pigeon fanciers are expected to meet higher standards than those set for the maintenance and care of other birds. The registered racing pigeon is an othiew. Racing pigeons compare favorably with all other birds kept by the American public. Considering cage birds and birds of prey (hawks and falcons) kept for falconry and propagation, racing pigeons meet and exceed most of the same legal and general maintenance requirements: 1. Registered racing pigeons are banded as very young birds to permanently register them and mark them for record keeping and racing purposes, as are cage and falconry birds. 2. Racing pigeon fanciers follow strict medical regimens loensure health and to prevent disease. Falconers and other bird fanciers attempt to emulate recingpigeon fancier;' standards for health excellence. Presently, there are a number of veterinarians in the U.S, whose singular specially is racing pigeon medical treatment. shipment, all birds must be accompanied by a veterinarian's health certificate. 6. When racing pigeons are imported from Europe or other countries of origin, like hdcons,hawks and cage birds, they are held is quarantlae. The United States Department of Agricultureofficials require a health quarantine of imported birds to protect native species of wild birds and birds kept by people. Special sections for racing pigeons exist at the USDA quaraatine facilities. The quarantine period far pigeons is presently thirty days. Sinceracing pigeons.fancy show pigeons.cage birds of all types, and falcon ry birds have been kept for centuries, national officials in the'United States and in almost every nation in the world recognize their importance to culture, history. education, companionship and recreation. Consequently, these officials do not distinguish smong the birds as to -type or use. Standards are set to assure that all -birds are treated humanely. Means are Provided toputaffofthebirds incommerce tbrougb nal ional and international shipment. Registered racing pigeons and thea rhandlers taketheir appropriate and rightful Place next to the other Americans who keep blyds for companionship and recreation. Prohibitions against keeping and racing pigeons are no mare justified than they are for denying the keeping of beautiful parrots and macaws, or hawks and falcons. Wlwn racing pigeon fanciers are denied theirright to keep and to fly Their birds in a reasonable manner, white their neighbors may keep cage birds -or hawks and falcon, there arises an element of bias and discrimination. This is not juatlfied, and most public officials recognize this when they understand the needs of racing pigeon fanciers. - CLUB STRUCTURES _ 3. Falconry binds are maintained in housing based on standards set by federal andThe racing pigeon sport in the United States Is made up of clubs, combines, state law and regulations Cage birds are normally housed indoors, except for concourses. associations, federations and national, organizations. certain kinds of doves and fancy show pigeons which, like racing pigeons, are kept Themarntwonational racing pigeon organizations inAmericw. TheAmerican outside. Virtually all racing pigeon lofts are built to standards equal to those forRacing Pigeon Union (AU), founded In 1410, and the International Federation of falconry and cage birds. The AU has set minimurn standards for lofts and their American Homing Pigeon Fanciers (IF), founded in 1881. Both of these construction and maintaining birds' facilities. organizations issue club charters to groups which have a minimum of five members. Both national organizations also allow for individual memberships. 4. The United States Post omce recognizes the importance of racing pigeons by The national organizations set uniform rules of conduct and where necessary, providing optimum standards for shipment in special boxes and under humane nationalraceMes. However, the nationatorganizations wemerely policy making conditions. Cage and falconry birds are not even accepted by the Postal Se vieefor entities whose only involvement in local affairs is to handle rales interpretations shipment. and accept appeals on disciplinary matters. The AU, however, also funds research by veterinariaus artd.scleptisis, -promotional materials and seminars, and a 5. Most airlines will accept equally racing pigeons, cage birds, and falconry multi lude of oth er activi lies designed to enhance the sport and assist its members. birds. The International Air Transport Association sets specific airline standards - Individual clubs are responsible for enforcing the national rules and for the shipment of eachi kind of bird. Like the others, racing pigeons most be regulations.facerudesand (be Code ofConducl. Any member who feels that they slipped by air in specially designed containers. In cases of international air have been aggrieved at the local level may then appeal to the national level. 2 3 I Clubs and/or combines are responsible for conducting pigeon races, which racing pigeonsposeanyhealthrisk tohumans greaterthantheriskofkcepingdogs, include setting the dates, distances, and providing transportation and. cane of the cats. turtles, hamsters, exotic birds or any other living pet. ' pigeons to their release point. Officials called race secretaries are in charge of checking the weathercond itions to makesure that birds are not released in ZOONOSES. '!Tris is not a Dr. Spode character. This Is the term for animal extreme i weather conditions which would jeopardize their ability to return home. diseases that can be transmitted to humans. Rabies.salmonella, toxoplasmosis and streptococcus area few of the diseases man can get from animals. Rabies comes In addition, the AU has designated an intermediate governmental unit called from raccoons, skunks, foxes, bats and dogs. Salmonella can come from chicken the "A U Center." Centers may occur within one state ormay occupy several states. eggs and turtles. Toxoplasmosis is found in cat feces and Streptococcus can be The largest AU Center is the Texas Center which encompasses eight states and carried in a dog's throat. some 1,350 members. The sl ate of California, on the other hand, has four d ifferent In addition,roundwornts are transmitted to humans by eonma with dog, horse, Centers within its bouridaries. The Centers help administer band and diploma sales cow and cat feces. Ticks can cause Lyme disease and Rocky Mountain Spotted to its members and through The assessment of additional dues, may provide aTher Fever. services to its members. Noneof these diseases are caused by pigeons. This is because pigeons have rut Combines, concourses, associations and federations cannot be uniformly common vectors with humans. Parasites are vectors. pigeon parasites cannot and delincd. These arc not enlltics which ane chartered by the national organlzations. do not live on or in humans, and vice versa. One reason is that pigeons have a body t A combine or concourse is usually a collection of different clubs which band temperature of 107 degrees. Their parasites cannot live at our cool 98.6 degrees. together for economic and competition reasons. Two or len clubs, for instance, Dogsandcats,on theother hand, have temperatures of 101-5to 102. This is within may get together to fly as the "Deep South Cajun Combine." In that simation,eacb the range of human temperature and each can, to some degree, accommodate the club would generale its own results and award frrst.second, ahird,ete. places within vectors of the Other. the club. All the clubs Information Brochure would then be consolidated into a The keeping of domestic racing and fancy pigeons, a hobby enjoyed by single race result which would be the combine result and again would issue thousands of Americans. is occasionally challenged because of raise and diplomas which are awards for an individual bird's achievement in a particularrace misleading information related to thecommon feral pigeon which populates nearly for first, second, third, etc, every city park. Common of feral pigeons bear the same relationship to domestic Occasionally. two combines will then get together for even highercompetition racing and fancy pigeons as wild mustangsbear to thorougbbredraee horses. Feral r standards. These larger organizations may be called concourses, federations of pigeons are considered a twisame by the- aerious breeders of racing and fancy T! R" associations to distinguish them from the combine. In such situations, there are pigs, �,J I club winners, combine winners, then federation/coneourseJassoeiation winners. Registered racing and fancy pigeons are kept in specially built and equipped A combine. concourse. association or federation may be a mixture of both AU lofts, Fancy pigeons areseldom, if over, let outof their lofts. Racing pigeons,also and IFclubs. The Central Jersey Combine, known as the CIC, has conducted races known as homing pigeons, are kept inside their lofts by fanciers except when they with as many as 550 individual lofts competing. Afr. on trai�i,.�ghts�mpeting-in- I"ther rasa, they -are en a siriel— There are some regional races flown in the United States, such as the New routine. They do not "laze" about on buildings or oeighbor's homes, as The England Open, the Mid -West Classic, and the Southeastern Open. These races are common, unbanded feral pigeon is wont to do. distance races of from 500 to 600 miles and have individuals From multiple states By today's standards, pigeons are neither fowl nor poultry. According to participating. The New England Open pits Flyers from Massachusetts, Rhode Steadman's Medical Dictionary, fowl arc galliforrnes, such as chickens, guineas. Island, New Hampshire.. Maine, and Connecticut against each other in annual . quail, peafowl, pheasants and turkeys. Ducks and geese are is a family called races. The Southeastern Open releases its birds from Cairo, Illinois and the birds anseriformes,which am water fowl. home loTcxas. Louisiana, Mississippi, Alabaral.PloridiL.Georgia,.Iouth Carolina Poultry refers to birds Mat ate raised to provide meat and eggs for human and North Carolina, consumption. Fancy and homing or racing pigeons are raised for neither, but for exhrbitlon,hobby and sport. Pedigreed racing pigeons aregenerally considered too small a species to be raised for table use. PUBLIC HEALTH CONCERNS Pigeons are in a family called columbifotmes. They are monogamous, mate for life, and both parents care for their young. Both mates and females produce a Are humans at risk for disease from racing pigeons? Are the nelghbors of a "milk" in their crops for feeding their young. Young pigeons are fed in the nest pigeon fancier in any danger from the birds keptin the loft next door? Thiaquestion until about one month of age, at which time they can fend for themselves. The has been exhaustively researched by experts. Theirfindingis that neithershow nor offspring of fowl can scratch, forage and feed themselves almost from the instant of birth. PIGEON ZOONOSES • There arc three "conditions" related to pigeons (hal can affect humans. These are Chlamydia; Fungal infections and H Hypersensitive weighting makes the monitoring insttumeats less sensitive to certain high and low j pneumonitis: Chlamydia ate microbes that are neither bacterin not virus, but cause cause fir quency sounds i n much the same way that the human ear is less sensitive to these respiratory problems in a multitude of animals, including cats. It is contracted through contact with bird feces and dust from bird feathers. Cbhimydia in pigeons same sounds_ To help understand the results of noise tests and forcomparisoat, the soft is usually very mild, hardlycausingany symptoms in the birds, much less humans. In fact, pigeons are so resistant to it they have been used rustle ofleavea is 10dB, Thenoise levelatnightin anardinary bedroornisapproximately 15 dB. This is about the same noise level one encounters as test animals in I diagnosing subspecies of chlamydia. on it walk in the woods. A quiet street in the evening with no tMrHc is 30 dB. Precautionary measures like wearing a surgical and wearing dust mask A library's noise level is 35.dB. while conversatinrtal speech is 60-70 dB at a distance rubber gloves while cleaning Fite a to this microbe. Despitean estimated cageor loftprotects against the possible exposure I8 million bird keeper: in the United States', of three feet. This is why the librarian alwa shushesouu. A business office with cflmput$cs, copy machines artd.movement of people -makes around GS I according to the CDC,. there was only5D to 10D cases per p year through 1993, d1l. of sound. Average street lraf&c Is tis dB. white a rock band howls at 110 dB., making it one of the rarest diseases in medicine, mo re thaaNagarariallsat80-9DdB,bWstilllesslhanajetaiceraftattakeoffwhich Fungal infections can affect humans, and animals may be y part of the infection a generates 125 dB, at 100 metefs distance. - Cycle. Accumulated droppings underFroper conditions can be a source o1 frugal l growth, The infected dropping can be from all types of animals, including pigeons. Where do pigeons fit into this scheme? At the Terracon test sites, noise was measured in softs with 2,000, 600,200 and 100 birds. Surprisingly,the 600 bird loft The fungus produces a mild respiratory infection that can go practically unnoticed. The fungal spores are inhaled during cleaning of cages and lolls, in was louder than the 2,000 bird loft, but just bam[y. These sites recorded 59.2 dB. and 61,1 dB. respectively. The 200 bird loft made 54,7 d!). just ars the case .of Chlamydia. Regular cleaning of lofts and cages prevents this situation. of noise while the 100 bird loft, probably the most common. 'Sim for American fanciers'al the peak of Hypersensitive pneumonitis, often called "pigeon keeper's lung" is similarto Population, recorded 52.9 dB. These readings were all taken INSIDE THE LOFTS' ."coal miner's lung". "parakeet breeder's I . ' ungse "canary breeder's lung" and 'parrot breeder's lung"- [lis not a disease is anysenseof the word. It is an allergy Therefore INSIDE a 100 Pigeon. left, It is about as noisy P g Y as people speaking in to dust from pigeon feathers. It is not a disease that can be transmitted, just as hay fever cannot be transmitted. More humans are allergic to dog, cat and rabbit conversational tones, Actuallyabitless, because normal speech is about 60-70d13. Commonsense dictates thatat20,30or40 feet distance. do noise levels would be dander" than to pigeon "dust." "dust." And lithe racing and homing or fancy pigeons are kept in a loft. the chances of a neighbor suffering as reaction commensurately less. Backyatd lofts are usually some distance from neighboring Jota and houses. It would seem that the anise level off site; then, would not beat allergic are nit, In conclusion, pigeons are no more likely to transmit disease to hnma.ns than a level that could be considered a nulsance, since it is at a lower level than normal any other animals, wild or domestic, and mueh.less likely than most, Other pets, like dogs and cats. are a far greater public health risk than the pigeon. One can get conversation, Thr conclusion was supported by Tetracon in its study of the l00 pigeon loft, A iticaraerate-1 racked-dowrr, I'jighierted or maulod - My gs an ca As with all pets, i f cleanliness and common. sense are used. the. alight danger monitoring devic�pu eneeHne-u arora the oft. Tests reverted a noise level of -57.4 dB during the day and 55.4 dB. at night. The from infection from pets. including pigeons, is grrady outweighed by the proven the pigeons were then REMOVED from the loft noise level tested: again, 'lire psychologicalbenefits and advantages of keeping and caring for them. the nighttimand daytime average was 49.1 dB. -while e average was 44.6 dB. The source of the noise with the pigeons RElV10VED was attributed la Street traffic from two thoroughfares.one approximately 300 feet from the loft and the LOFT NOISE LEVELS otherappruxirnately100feet away. AddltionaUy.aslight"whistling" was caused by wind paasing between slats is the fence "squeak" Almost everyone is familiar with the cooing sound made by doves. Pigeons and a came from a ventilator on the fancier's house. make similar sounds. The flapping of wings is usually the loudest noise he heard ina loft. When birds are in flight, they are silent, except for the sound of the wind �" Them is no such thing as "absolute silence." Life is full of noises from uncontrolled sources. Vl+ind, rain, thunderstorms, birds,traffie.construction noises _ , Through their wings. • The AU commissioned aNOISE SURVEY ofpigeon lofts and pro�sjrnalareas and the like are all of modern life. Although the rico of "loudness s a g perception " subjective phenomena, it is considered doubtful that any of the average . in Ocloberof 1995.. Terracon Environmental, Inc-,af KansasCity, No., performed .sound levels recorded during the noisesutvey of the pigeon lofts would be perceived as "loud" by the average individual. the :tests on four lofts in the vicinity of Oklahoma City, 0K. The results of the tests were calculated in decibels:(dB.}usingthe"A-aeric"weighting network. A -scale Like loudness.annoyancebynoise ishighly subjective.and isdifficulttorelate 6 to thesound which causes it. Noise becomes more annoying as it gets louder than 7 - - .`i the background noise on which it is superimposed. Unsteady noises of those that ApP$.Ntl}Ix: MODEL ORDINANCE contain tones (such as train whistles, sirens and car horns) tend to be the most annoying. In the Terracon tests, at 25 feet, the pigeons in the 100 bird loft only contributed between 9 to 10 dB. of additional sound to the.existing background noise. This is equivalent to the soft rustle of leaves. INTRODUC1i0N PIGEONS IN THE SERVICE OF TMIEIR COUNTRY The following "Model -Ordinance" has been prepared ' I by the Avian Assistance Council under the auspices of, Although the US Army began using pigeons as messengers as early as 1878, and with the financial assistance of, the American Racing it was not until World War I that pigeons became a regular part of our military establishment. On Armistice Day Pigeon Uniton. NefthartheAvian Assistance Couneilorthe American Racing Pigeon Union assume any responsibility after- the first war the Allied forces had approximately 320000 pigeons which had been used forcomarunicationpurposes, or liability with regard to accomplishing particular Over 54,01}0 American horning pigeons served in World War II. 40000 of objectives for a specific pigeon fancier Through the use of these birds were supplied by civilian racing pigeon fanciers. In the 5 years of the form suggested in this model ordinance. Further, no service, hundreds of thousands of messages were delivered by military birds. In form should be relied upon without qualification. Each t 1943 the British established the Dickin Medal to honor war service by pigeons. provision appearing In the form should be carefully One American pigeon, the famous GI Joe, was awarded this badge of courage, considered In connection with the circumstances of the In Italy the 56th British Infantry Division broke through German lines and overran town. Allied particular pigeon fancier and the community he resides in. Other provisions should be Included If required by rule, a planes were scheduled to bomb the town, now occupied by ordinance or custom. the British. GI Joe flew 20 miles in 20 minutes with information of the situation. and the bombers were called off just prior to takeoff- . The Lord Mayor of London, in Even though the ultimate responsibility for the preparation of the ordinance rests with the fancier his I� gratitude for this heroic effort which- saved ninny Engllshmen's I� lives, bestowed upon GI Joe the Dtckin Medal. or a memberof the Avian Assistance Council will be -� The Swiss continue to use these reliable messengers fn the mountains where function pleased #o discuss with the fancier or the attorney particular situations and offer practical suggestions For radios poorly or not at all. In rile Gulf War, despite billions ofdollars of sophisticated electronic jamming equipment, the Iraqis still communicated with consideration in preparing the proposed ordinance or headquarters via homing pigeon. amendment.onsiratio If an ordinance Is going to be passed, it should create balance bOMM511 the needs o anter and the concerns of the public. The Avian Assistance Council believes that the standards and the enforcement provisions in the proposed ordinance are reasonable and necessary for an impartial, balanced ordinance. To propose an ordinance with weak or no enforcement provisions wlll invite outright rejection by local government - staff, or unreasonable enforcement provisions. We ' believe that It is to our advantage to prevent the keeping of pigeons Jn unsanitary conditions by unscrupulous fanciers ' who fail to maintain adequate controls. The proposed ordinance should accomplish this without unreasonably Interfering with the keeping of pigeons by conscientious fanciers. • 8 • 9 • ORDINANCE NO. AN ORDINANCE OF THE ' CITY (TOWN; TOWNSHIP, VILLAGE, ETC4 OF .. AUTHORIZING THE KEEPING OF PIGEONS PROVIDING FOR ISSUANCE OF E. "Loft" means the structure(s) for the keeping or housing of pigeons Permitted by this ordinance. R"Mature Pigeon" means a pigeon aged six months or older. G- ."Owner" means the owner of Pigeons subject to this ordinance. PERMITS, AND PROVIDING PENALTIES FOR VIOLATIONS SECTION 2. CONDITION& The keeping, breeding, maintenance flying WHEREAS it is the purpose and intent of this ordinance to permit the and of pigeons shall be permitted on the following conditions: keeping, maintenance and- flying of certain registered pigeons as a recreational A. The loft shall be of such saffrclent size and design, and constructed of such material, that it can be maintained in i sport and hobby, subject to regulations hereinafter set forth, and aclean and sanitary condition. ' WHEREAS the keeping, breeding, maintenance and flying of fancy, B. There shall be if least one (1) square foot of floorspace in any loft for each mourn pigeon kept therein. racing and sporting breeds of pigeons, as defined herein, is determined not to be a nuisance and is a wholesome activity, not detrimental to the public welfare, if C.. no construction and location of The loft shall not conllict with the regulated as hereafter set forth, and requirements of any Building Code or Zoning Code of the city. WHEREAS ilisrecognized that the keeping, breeding, maintenance and D. All feed for said pigeons shall bestared insuch coatamersastoprosect flying of such pigeons. is now mainly engaged i n by members of local, district and against intrusion by rodents and other. -vermin. national organizations, and such ens keep their Pe pees p pigeons in suitable permanent dtructuresconatructedandrnaInlainedforsucftpur}zose,andkeepsuchslructuresin E• �1O loft Shea be maintained in a sanitary condition and in compliance . with all applicable health regulations of the city. • a clean and sanitary manner, and do not -permit their -pigeons to remain at large in All F. All pigeons shat! be confined to the loft, except fon limited periods Pczeigeons the community in such manner as to disturb their neighbors or to prevent the full necessary for and core , ��g petition; and at no time shall pigeons be allowed to perch or linger on the buildings or enjoyment of property rights by their neighbors, property of others. G. All pigeons shall be fed within the confines of the loft. NOW THEREFORE BE IT ORDAINED HY THE CITY COUNCIL OF H. No one shallrelease pigeons to fly forexercise, training or competition except incompliance with the following rules; AS FOLLOWS: - (1) The owner of the pigecmr must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc„ the SECTION 1. DEFINITIONS: A.Pigeaon International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tipplger Society, the International Roller mesas a memberof the family Columbidae, and shall include "R A�re,g-!'igeo •'nc�acy-1'-�geE+na"and"Sper�tg�igeens"-as-det hi- Association, the Rare Breeds Pigeon Club or a local club which has rules that will help nresenre— ordinance. Um peace and tranquility of the neighborhood. B. "Racing Pigeon" means n pigeon which, through selective past(2) pigeons will not be released for flying which have been fed within the previous hours. breeding, has developed the distinctive physical and mental characteristics as to enable it ro return to its home after having been released a considerable distance L Pigeous skill be baAdedaud registered with one of the national pigeon therefrom, and which is accepted as such by the American Racing Pigeon Union. assoeiathonsrregislriea. Inc. or the International Federation of Racing Pigeon Fanciers. Also, commonly SECTION 3. PERMIT. - known as Racing Homer, Homing Pigeon, or Carrier Pigeon. C. "Fancy Pigeon" means a pigeon which,. Through past breeding, has � On application signed by lire owner, on such formas shall be provided by _. developed certain distinctive physical and performing characteristics as to be the city, wherein the owner shall. certify That his toft(s) comply with applicable the ting and zoning codes, and upon payment is a N of$ clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon g peon ©ub. - Bxarnples: Fantails. , a permit shall be issued to the owner, which shall remain in full force and effect unless Pouters, Trumpeters. suspeaded or revoked,or unless the use of the tort be discontinued for a period of - D. "Sporting Pigeon" means a pigeon which. through selective post one year. breeding, has developed the ability to fly in a distinctive mannwr, such as aerial acrobatics or endurance flying. Examples: Rol lets, Tipplers. i SECTION 4. RIGHT OF ENTRY FOR INSPECTION The Animal Control Off icermay enter and inspect any property or loll at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this ordinance. SECTION 5. VIOLATION AND PENALTi[M. When the Animal Control Officer rinds a violation to have occurred, the officer shall give. written Notit.-c Ihcteof to the owner. If said violation is not remedied within ten (10) days, the Animal Control Offtcermay issue a citation to appear in municipal court to answer the charges stated thereon. Any owner found violating any of the provisions of this ordinance shall upon conviction be guilty of a misderneanor punishable by a fine not to exceed the sum of $I00A0. Three convictions within eighteen (I 13) months shall result in the revocation of the permit. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect (month, day, year). PASSED by the (City Councii.Town Council. City Commission, as appropriate) this day of Page 1 of l Gene VanOverbeke From:. Jon Hohenstein Sent: Monday, April 24, 2006 11:12.AM To: Gene VanOverbeke Subject: FW: Dao Pigeon Update - Pics & Ltr FYI for consideration with any Dao application. Jon Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 651-675-5660 Fax 651-675-5694 ihohenstein@cityofeagan.com From: Mary Granley Sent: Monday, April 24, 2006 10:55 AM To: Mira Pepper Cc: Jon Hohenstein; Mike Ridley Subject: Dao Pigeon Update - Pics & Ltr • Mira, I received a letter and photos this morning from a comp in the Princeton Trail area, confirming as recently as April 23, pigeons were perching on adjacent properties. The comp has witnessed the coop door being propped open all day to allow the birds to roam, and perching on 6 separate properties. Please let me know if you need copies. Mary Granley . City of Eagan Code Enforcement 651-675-5690 mgran leyOcityofeagan.com 5/19/2006 City of Baan Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651,454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth iri our community. May 1, 2006 Mr. DanhDao 3880 Princeton Trail Eagan, MN 55123 Dear Mr. Dao, In action at its meeting of February 21, 2006, the Eagan City Council found that you had not met the conditions in the City Code relative to a permit for the keeping of carrier pigeons. This included failure to meet with the Animal Control Officer to inspect the registration and banding of the pigeons, and to discuss management of the property and pigeons, as the birds on site have not been managed and maintained within the loft structure as required for licensing. As a consequence, it was required that you remove all pigeons from the property within 60 days of the Council action, but, because the date,fell on the weekend, the pigeons were to be removed from the site by Monday, April 17, 2006. Your property was inspected by City staff on April 18, 2006, and the pigeons were still being kept on your property. As I shared with Kim Dao via phone on Monday, May 1, 2006, all pigeons must be removed from your property by Tuesday, May 9, 2006. A final inspection will be conducted after this time. A property that is in violation of City Code requirements after a second notice will subject the owner and/or resident to a citation requiring your appearance in court. This is a misdemeanor violation (maybe punishable by up to 90 days in j ail and/or up to $1000.00 in fine). We appreciate your cooperation in complying with this request. Please contact me at 651-675-5690 if you have further comments or questions concerning this matter. Sincerely, hGr1 y e Enfor nt Technician Cc: Ms. Kim Dao, Daughter of Danh Dao Mike Dougherty, City Attorney Jon Hohenstein, Community Development Director Gene VanOverbeke, Director of Administrative Services &I Page 1 of 1 Gene VanOverbeke From: Mary Granley Sent: Wednesday, May 17, 2006 3:22 PM To: Gene VanOverbeke Cc: Jon Hohenstein; Mike Ridley Subject: Pigeon update - Dao, Drenckhahn and Ordinance Amendment Update: Dao Properly - I received a complaint this morning regarding the pigeons at the Dao property. The comp stated the birds are still visiting adjacent properties. I explained at last night's CC meeting the council placed a moratorium on the issuance of pigeon permits. I told the comp that City Administration would be notifying the D:aos that the pigeons have to go. I asked the comp to continue keeping records of the pigeons visiting adjacent properties, and to continue taking photos. Drenckhahn Property - I called Eric Drenckhahn and explained the moratorium. I told him because of the 60 -day rule, the City is required to act on his application by a deadline which may be detrimental to his variance application and proof of hardship. I mentioned he could be denied his variance if the ordinance for the pigeons is still under flux. I explained he could apply, but if his variance is denied he'd have to wait one year for reapplication. I explained. his labels are good up to November 5, 2006. He agreed to withdraw his application, and will be in tomorrow to pick up his application materials and check. Ordinance Amendment - I mentioned to Eric that Gene may likely be in touch with him for information related to pigeons and associations prior to the Council workshop scheduled for June 13 to discuss the pigeon ordinance. I have.a set of six DVD's and handouts provided to me by Eric that are related to the sport of pigeon racing that were produced by the American Racing Pigeon Union. These are available for the Council's use. Over and' out, Mary Granley City of Eagan Code Enforcement 651-675-5690 mgranley(ftityofeagan.com 1 5/18/2006 rS