12/11/2006 - City Council Special (2)M
•
AGENDA
SPECIAL CITY COUNCIL MEETING
MONDAY
:MBER 119 2006
5:30 P.M.
CITY COUNCIL CHAMBERS
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
• III. CONSIDER ORDINANCE AMENDMENT REGARDING
EGG LAYING CHICKENS IN RESIDENTIAL AREAS
y° IV. CONSIDER POLICY FOR MAIL AND PAPER BOX
INSTALLATION GUIDELINES
V. OTHER BUSINESS
VI. ADJOURNMENT
0
Fk
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 89 2006
SUBJECT: SPECIAL CITY COUNCIL MEETING /MONDAY, DECEMBER 11
A special City Council meeting has been scheduled for Monday, December 11 at 5:30 p.m. in the
Council Chambers. Enclosed is an agenda for the meeting.
Also, as a reminder, a Public Works Committee meeting is scheduled to take place immediately
following the workshop, which is anticipated to begin around 6:45 p.m.
/s/Thomas L. Hedees
City Administrator
•
•
I
• Agenda Information Memo
December 11, 2006, Special Eagan City Council Meeting
III. CONSIDER ORDINANCE AMENDMENT REGARDING EGG LAYING
CHICKENS IN RESIDENTIAL AREAS
ACTION TO BE
To provide direction to staff regarding a request for an ordinance amendment
regarding egg laying chickens in residential areas.
FACTS:
On October 6, 2006 City Councilmember Tilley received an email request
from Heather Goff, an eighth grader at Dakota Hills Middle School, explaining
the research she and her dad completed regarding the raising of egg laying
chickens. They correctly concluded that the activity is prohibited by the
Eagan City Code and she is therefore inquiring as to the possibility of
changing the Code to allow her to raise egg laying chickens in her back yard.
• Chapter 10 of the Code, Public Protection, Crimes and Offenses, and
specifically Section 10. 12, Animals and fowl—Keeping, transporting,
treatment, housing, contains the pertinent regulations.
• The Eagan City Code defines chickens as farm animals and states that it is
unlawful for any person to keep farm animals in any zoning district except
agricultural with the property containing not less than 5 acres.
• By way of reference the Code states that farm animals means cattle, horses,
mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea
hens, and honey bees.
• Heather is proposing to add a subdivision (8) to section 10.12 providing for
the Keeping of Chickens for non -Commercial Uses which is patterned after
the old Code section providing for the harboring of carrier pigeons in similar
circumstances. That section of the Code has subsequently been amended
and the harboring of carrier pigeons now requires property of at least one-half
(1/2) acre in size. Her proposed change also includes an approval process
with neighboring property owners similar to how Minneapolis addresses the
pigeon permitting process.
• • The raising of chickens in residential areas has not been a prominent issue in
Eagan. To staffs knowledge there are no hobby related interests similar to
91
the pigeon clubs, etc. Occasionally the City receives a telephone call •
inquiring about the permissibility of raising chickens and the limitations have
been understood and accepted. Staff has also occasionally enforced this
Code provision and asked for the removal of chickens with no significant
resistance from owners. It appears that these violations have resulted from a
lack of information regarding the Code.
The City of Plymouth began processing a similar request which was
subsequently withdrawn in the fall of 2005. Their material is summarized as
an attachment. Responses to Eagan's request to other cities for information,
while not presented formally, yields similar results. Most cities control the
harboring of farm animals either through zoning classifications or through
minimum lot size requirements. The answer to the "Do you allow it?".
question is "yes", but subject to "...." The subject to is for the most part
similar to Eagan's existing Code allowing the harboring of farm animals on
agriculturally zoned parcels of at least 5 acres, therefore not allowing the
animals in residentially zoned property..
• The public policy issues for the City Council are similar to those reviewed
while addressing the pigeon permitting process and relate primarily to
balancing individual property owner rights with the rights and interests of
neighbors and of the broader community.
• Heather plans to attend the City Council meeting and probably would like to •
make a limited presentation and be available to answer questions.
ATTACHMENTS:
• Enclosed on pages on pages _—+— through _ is a copy of Section
10.12, Animals and fowl—Keeping, transporting, treatment, housing of
Eagan's City Code.
• Enclosed on pages O througha_ is a copy of the emails from
Heather, her proposed ordinance amendment, and her copies of the relevant
Minneapolis and St. Paul ordinances.
• Enclosed on page is a copy of pictures of a particular chicken coop
displayed on the webs' a referred to in Heather's email.
• Enclosed on page a L is a copy of a matrix of information summarized
by the City of Plymouth in the fall of 2005.
•
1W
• PUBLIC PROTECTION, CRIMES AND OFFENSES
(2) The dog, cat, or ferret was revaccinated for rabies inn
exposure, at which time the 40 -day period shall begin;
(3 A written report as required by state law is receiv
health.
(b) Any q tine of a dog, cat, or ferret under this
accordance 'th subparagraph B, item 1(b) of thi
§ 10 12
di y after
the board of
h shall be in
(c) If the dog, cat, ferret dies or shows signsof ' s or escapes, the animal
control officer. o lice department m e notified immediately, the
confinement, tea ' treatment cos , in addition to all other expenses
incurred as the result a dog, cat, or bitten by another animal, shall
be at the expense of the er of a dog or cat bitten.
(d) In the event that a cfica ant rabies inoculation is not provided or
the owner of the dog, cat, or bitten failed to comply with the provisions
herein or, upon a reaso a sus. 'on that the dog, cat, or ferret may be
rabid, the dog, cat, or rret shall be ' ediately seized and subject to the
necessary test by doctor of ve medicine for the purpose of
determining if ' is infected with rabi and shall be quarantined as
provided in s paragraph B, item 1(b) of this bdivision. Any animal, other
. than a do , cat, or ferret which has bitten a g, cat, or ferret shall be
destro and taken to the university diagnostic to be determined if the
has been infected with rabies.
(Code 1983, § 10.11 .1-1-83; Ord. No. 136, 2nd series, eff. 4-17-92; Ord. o. 165, 2nd series,
eff. 5-14-93; Ord o. 203, 2nd series, eff. 7-13-95; Ord. No. 252, 2nd series, . 1-15-98; Ord.
No. 263, 2nd 'es, eff. 6-25-98; Ord. No. 270, 2nd series, eff. 12-24-98; O o. 281, 2nd
series, eff. 1-99; Ord. No. 305, 2nd series, §§ 1-6, eff. 9-20-01; Ord. No. 324, nd series,
§§ 1-8 11-22-01; Ord. No. 370, 2nd series, §§ 1-5, eff. 12-11=03)
a references—Kennels, § 6.38; pet shops, § 6.43.
to law references—Animals generally, Mina. Stat. § 346.01 etm,
dogs and ts,
Stat. § 347.01 et seq.
Sec. 10.12. Animals and fowl—Keeping, transporting, treatment, housing.
Subd. 1. Definitions. As used in this section, the following definitions shall apply:
A. Farm animals mean's cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese,
turkeys, chickens, guinea hens and honey bees.
B. Animals include farm animals and all other animals, reptiles, and feathered birds or
fowl, except doge, cats, ferrets, gerbils, hamsters, rabbits, and caged household birds.
Subd 2. Keeping. Itis unlawful for any person to keep or harbor any animal, not in transit,
except (1) farm animals kept in that portion of the city zoned agricultural and containing not
less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3)
• animals used in a parade for which a permit has been issued, or (4) animals kept in a
Supp. No. n CD10:17
PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12
•
laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop 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 or harbor a total of four or more
dogs, cats, ferrets, or rabbits, or a combination thereof, over six months of age, without first
obtaining a kennel license from the city as regulated in Chapter 6 of this Code.
Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they
are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being
transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles,
halters, ropes or other means of individual restraint.
Subd. 4. Trvatment. It is unlawful for any person to treat any animal, as herein defined, or
any other animal in a cruel or inhumane manner.
Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or
any other animal in any structure infested by rodents, vermin, flies or insects or inadequate
for protection against the elements.
Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and
upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission
therefor from the owner. f•
Subd. 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 similar commercial purposes.
3. 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
§ 10.12 EAGAN CODE
•
control officer inspects the premises and lofts thereof. All applications for permit
renewal shall be filed within 60 days prior to the expiration of the present operating
permit. The application shall include, but not be limited to, the following:
1. 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.
ubmitted;2. The location and legal description of the premises 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 stamped on the band;
6. 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-
ments.
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. Transferability 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. s CD10:18.2
l`s
PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.13 •
shall conform in all respects with the provisions of subparagraph B, above,
governing the filingof the original application. The application for transfer is to
be accompanied by a transfer fee as to be determined by the council.
3. 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-
ments:
(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 -in a sanitary and odor -free
condition.
(e) Each loft shall have at least two square feet of floorspace 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, training and competition; provided no carrier pigeon shall be
released for flying within eight hours of its feeding.
(h) No pigeon shall perch or linger on the buildings or property of others.
R 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
permit issued hereunder.
(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.
Trapping prohibited; exceptions.
Subd. 1. Deiftti0i The following terms, as used is this section, shall ha meanings
stated:
A. 71up means any device, snare, bird line, ferret, hawk, vehicle or
contrivance whatever used to an or otherwise restrain the free
movement of
B. TNa sane the act of setting, laying or possession with intent to ay a trap. •
Sapp, No. 12 CD10:18.3
Tom .... pls. share with other council members and let me know how I should proceed with a
response to Heather .... she is quite the grown your lady. meg
>Dear Councilwoman Tilly,
Wname is Heather Q&Ef and I am an eighth grader at Dakota Hills. In
>the past year, my father and I read an article in the newspaper about
>raising egg laying chickens. We have done our research and think a
>small group of chickens would work in our medium sized yard.
>However, my dad did other research and found out that this is illegal
>in our city ordinances. He even called the animal patrol here and asked
>if it would be a big deal. Although she thought it would be cool to
>have chickens, she was clear that she would have to take them away
>under the current law.
>So now, before I can learn about raising chickens I have to learn about
>changing this law. Since you have been involved in Eagan politics a
>long time, I am hoping that you can take my information and let me know
>how to proceed. The animal control officer did say that others have had
>their chickens removed just this year, so I know we are not the only
>ones with this interest.
>Please look at the attached.document that lays out our basic proposal.
>I have included our thoughts, plus information from other cities that
>allow chickens.
>If you could get back to me and let me know what else we can do and
>whether (because of your experience) you can tell me if something like
>this has a chance of changing it would be greatly appreciated.
>Sincerely,
>Heather Goff.
>P.S. The type of chicken coop we were planning on buying can be seen at
>www.henspa.com along with many other coops.
>P.P.S. The magazine "USA Weekly" in its September 24, 2006 edition had
n article about how owning a small backyard chicken flock is becoming
ery popular right now. If you have access, it would be good to read also.
E
2
0
Gene VanOverbeke
From: Tom Hedges •
Sent: Monday, October 09, 2006 8:49 AM
To: Jon Hohenstein; Gene VanOverbeke
Subject: FW: Citizen request
Attachments: Chicken Proposal.doc
Chicken
)roposal.doc (66 KB.
Sorry, the attachment
-----Original Message -----
From: Heather Goff(mailto:heather.goff@comcast.net]
Sent: Saturday, October 07, 2006 12:28 PM
To: Tom Hedges
Subject: Citizen request
Dear Mr. Hedges,
My dad and I have already researched.the code and understand the restrictions. We would
like to know if this issue has been brough up recently and if not how to change it. Here
are some thoughts that my dad helped me work on. Ms. Tilley might have already forwarded
this attachment to you along with our letter to her. -
Thank you,
Heather Goff •
----- Original Message ----- -
From: "Margaret Tilley" <megtilley2002@hotmail.com>
To: <heather.goff@comcast.net>
Sent: Friday, October 06, 2006 12:43 PM
Subject: RE: Your request
> Hi Again .... I have given your request to our City Administrator, Tom
> Hedges (THedges@cityofeagan.com) and he is going to check out the city
> code regulations relative to raising egg laying chickens in a residentail
> neighborhood. He will get back to you to let you know what is permissible
> and/or what is not.
> Thanks for your inquiry. E-mail anytime you have a city concern.
> Meg
L
C�
• Proposed:
A revision of Eagan City Ordinance 10.12 to permit the keeping of egg producing
chickens.
Action to be considered:
Update the city code so that individual home owners can own and maintain a
small group of female chickens for the purpose of non-commercial egg laying
and enjoyment of the animals.
Facts:
Eagan code already allows for the keeping of 4 dogs, cats, ferrets, and rabbits
Eagan code already has a permit process for keeping up to 100 homing pigeons.
A group of 4 chickens will produce 3 eggs daily during the summer months and
can produce eggs throughout the year. This size flock will meet the typical
family's needs for egg consumption. A rooster is not needed.
A small group of egg -laying hens will help control bug population, contribute to
healthier soil for gardening, and allow families to be more directly connected to
their own food choices.
• Modem chicken shelters are safe, healthy, in -some cases mobile, and will not
detract from property values.
•
Neither the State of Minnesota nor the City of Eagan has a long-term plan for
feeding its population in the event of a major disaster. Eagan encourages its
citizens to have food available and make plans for natural and man-made
disasters. A small group of chickens, similar to a small group of rabbits, has
been a historical necessity in previous generations during times of crisis (e.g.
Victory Gardens in WWII). Citizens will not be able to take advantage of these
solutions to their planning needs after a crisis has begun.
Both St. Paul and Minneapolis, cities with higher density housing and generally
smaller lot sizes have procedures for raising small groups of chickens.
Proposed Language:
Sec. 10.12. Animals and fowl—Keeping, transporting, treatment, housing.
Subd.1. Definitions. As used in this section, the following definitions shall apply:
A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies,
ducks, geese, turkeys, chickens, guinea hens and honey bees.
/I'v
B. Animals include farm animals and all other animals, reptiles, and feathered •
birds or fowl, except dogs, cats, ferrets, gerbils, hamsters, rabbits, and caged
household birds.
Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not
in transit, except (1) farm animals kept in that portion of the city zoned
agricultural and containing not less than five acres, or (2) animals kept as part of
a show licensed under the City Code, or (3) animals used in a parade for which a
permit has been issued, or (4) animals kept in a laboratory for scientific or
experimental purposes, or (5) animals kept in an animal hospital or clinic for
treatment by a licensed veterinarian, or (6) animals kept in a pet shop 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 or harbor a total of four
or more dogs, cats, ferrets, or rabbits, or a combination thereof, over six months
of age, without first obtaining a kennel license from the city as regulated in
Chapter 6 of this Code.
Subd. 3. Animals in transit. It is unlawful for any person to transport animals
unless they are (1) confined within a vehicle, cage or other means of
conveyance, or (2) farm animals being transported in a portion of the city zoned
agricultural, or (3) restrained by means of bridles, halters, ropes or other means
of individual restraint.
Subd. 4. Treatment. It is unlawful for any person to treat any animal, as herein
defined, or any other animal in a cruel or inhumane manner. •
Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein
defined, or any other animal in any structure infested by rodents, vermin, flies or
insects or inadequate for protection against the elements.
Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any
animal over and upon any grass, turf, boulevard, city park, cemetery, garden or
lot without specific permission therefor from the owner.
Subd. 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 bind. Homing
and racing pigeons shall not constitute "fowl" as otherwise used in this section
unless such pigeons are raised for food or for similar commercial purposes.
3. 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 dark 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 control officer inspects the premises and lofts thereof. All applications for
permit renewal shall be filed within 60 days prior to the expiration of the present
operating permit. The application shall include, but not be limited to, the
following:
1. 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 premises 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 stamped on the band;
• 5. 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
statements.
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
is
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
1A
provisions or state laws relating to zoning, health, fire, building or safety •
regulations.
2. Transferability 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
shall conform in all respects with the provisions of subparagraph B, above,
governing the filing of the original application. The application for transfer is to be
accompanied by a transfer fee as to be determined by the council.
3. Specifications. The construction and location of the loft shall be in compliance
with the building and zoning regulations of the city and the following
requirements:
(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 in 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, training and competition; provided no carrier pigeon shall be
released for flying within eight hours of its feeding.
(h) No pigeon shall perch or linger on the buildings 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 permit issued hereunder.
Subd. 8 Keeping of Chickens for non -Commercial Uses
A. Definitions. As used in this subdivision, the following definitions shall apply:
1. Chicken means any female of the species of used for non-commercial
purposes and shall not constitute "fowl" as otherwise used in this section.
2. Coop means the structures in which chickens are housed.
B. Chicken raising permit required. It is unlawful for any person to keep, harbor,
maintain, possess, or otherwise control any chicken without first obtaining a
permit therefore from the city. The fees for a permit hereunder shall be •
)3
• 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 control officer inspects the premises and lofts thereof. All applications for
permit renewal shall be filed within 60 days prior to the expiration of the present
-operating permit. The application shall include, but not be limited to, the
following:
1. The name and addresses of the following persons:
(a) The applicant signed thereto; and
(b) The owner or owners of the premises on which chickens are sought to be
kept for which the application is submitted;
2. The location and legal description of the premises on which chickens are
sought to be kept;
3. The number of chickens kept on the premises;
4. A sketch plan of the premises on which chickens are sought to be kept,
including the location, dimensions and design of the coop.
5. The signature of 80% of the adjoining, same side of street, property holders
granting permission to have a chicken coop under this ordinance; and
is 5. 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
statements.
2. The applicant has not complied with one or more of the provisions hereunder.
3. The premises or coop 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 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 coop 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.
)q
2. Transferability 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
shall conform In all respects with the provisions of subparagraph B, above,
governing the filing of the original application. The application for transfer is to be
accompanied by a transfer fee as to be determined by the council.
3. Specifications. The construction and location of the coop shall be in
compliance with the building and zoning regulations of the city and the following
requirements:
(a) No more than one (1) coop, of which each shall not be greater in size than 12
feet x 6 feet x 6 feet shall be on the premises.
(b) No more than 6 chickens over 6 months of age shall be kept or harbored on
the premises for which the permit applies. No roosters shall be kept at all.
(c) No coop shall be permanently affixed within 25 feet of any inhabited dwelling.
(d) Each coop shall be maintained in a clean and sanitary condition and kept in
good repair, including the removal and disposal of all chicken waste weekly or
more often as required to keep the coop in a sanitary and odor -free condition.
(e) Each coop, shall have at least two square feet of floor space for each mature
chicken kept therein.
(f) All chickens shall be fed within the confines of the coop, and all feed for the
chickens shall be stored in such containers as to protect against infestation of •
rodents and other vermin.
(g) No chicken shall perch or linger on the buildings 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 permit issued hereunder.
n
U
1,15
• Attachment 1 - Minneapolis Ordinance
70.10. Permit required.(a) No person shall anywhere in the city keep, harbor, or
maintain care, custody, or control over any small animal or any fowl such as a
chicken, turkey, or duck, or any pigeon, without obtaining a permit therefor issued
by the commissioner of health or their designee.
(b) The commissioner of health or their designee may grant any permit pursuant
to this section after the applicant has sought the written consent of at least eighty
(80) percent of the occupants of the several descriptions of real estate situated
within one hundred (1 00) feet of the applicant's real estate. Such written consent
shall be required on the first and initial application and as often thereafter as the
commissioner of health or their designee deems necessary.
(c) No permit shall be granted to keep any animal, fowl, or pigeon within a
dwelling unit or part thereof, nor on any real estate which contains three (3) or
more dwelling units.
(d) This section shall not apply to dogs, cats, ferrets, or rabbits nor to
veterinarians or licensed pet shops or licensed kennels. (Code 1960, As Amend.,
§ 814.010; Ord. of 6-13-75, § 2; Ord. of 3-12-76, § 1; 85 -Or -040, § 1, 2-22-85;
2005 -Or -085, § 2, 9-23-05)
• 70.20. Application for pennit.Any person desiring a permit under this chapter
shall make written application therefor to the commissioner of health upon a form
prepared by the commissioner of health, which application shall describe the real
estate upon which it is desired to keep any animals and shall require the giving of
such information by the applicant as the commissioner of health may desire.
Such application shall contain a statement by the applicant that he will "at all
times keep such animals in accordance with all conditions prescribed by the
commissioner of health and failure to obey such conditions shall be a violation of
this chapter and shall be cause for cancellation of the permit by the
commissioner of health." (Code 1960, As Amend., § 814.020; Ord. of 6-13-75, §
2)
70.30. Duration of permit; fee.(a) All permits issued hereunder shall expire on
February first next after its issuance unless sooner revoked.
(b) The annual fee for a permit shall be ten dollars ($10.00) which shall be paid at
the time of the making of the application therefor. (Code 1960, As Amend., §
814:030; Ord. of 6-13-75, § 2; 77 -Or -147, § 1, 7-15-77; 78 -Or -253, § 1,12-14-78;
85 -Or -040, § 2, 2-22-85)
70.40. Conditions for keeping animals or fowl; revocation of permILThe
• commissioner of health may prescribe general conditions for the keeping of
animals or fowl and specfic conditions as to a particular animal or fowl or
particular premises as in his or her judgment are necessary to safeguard public
)W
health and the general welfare. The commissioner of health may revoke any •
permit granted pursuant to this chapter if any such condition is violated or if any
pet becomes a public nuisance. (Code 1960, As Amend., § 814.040; Ord. of 6-
13-75, § 2)
70.50. Refusal to grant permit.The commissioner of health may refuse a permit to
keep or maintain animals or fowl hereunder for failure to comply with the
provisions of this chapter, and shall refuse a permit if in his or her judgment such
animals or fowl should not be kept upon the premises described in the
application for the permit. If any such permit is refused, the fee paid with the
application shall be retained by the city to pay its expenses in the investigation
and consideration thereof and be applied as provided in section 70.60. (Code
1960, As Amend., § 814.050; Ord. of 6-13-75, § 2; Pet. No. 248858, § 7,3-31-
89)
70.60. Dispersal of permit fees.The city -finance officer shall at the close of each
month credit one -thins of the permit fees collected under the provisions of this
chapter to the council/clerk subdivision of the current expense fund, other than
personal, to meet the cost and expense of publication of notices in the official
newspaper of the city, and other similar expenses, and two-thirds thereof to the
department of health fund to meet the cost and expense of the commissioner of
health in connection with the inspection of premises and promulgation of any •
general or special order relative to the enforcement of this chapter. (Code 1960,
As Amend., § 814.060; Ons. of 6-13-75, § 2)
70.70. Enforcement.The commissioner of health or the commissioners duly
authorized appointees shall enforce the provisions of this chapter. (Code 1960,
As Amend., § 814.070; Ord. of 6-13-75, § 2; Pet. No. 248858, § 8, 3-31-89)
•
17
• Attachment 2 - St. Paul Ordinance
Sec. 198.02. Permits required; exceptions.
(a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to
remain on any lot or premises within the city without a permit.
(b) Small animals and birds of the orders Ansedformes and Galliformes. No
person shall keep or permit more than one (1) live rabbit, or any mink, ferret,
chicken, turkey, duck, goose or pigeon or similar small animal or bind, in any
dwelling or on the same lot or premises with a dwelling or other premises within
the city without a permit. This paragraph does not apply to any single dove or any
other small bird, or any chinchilla, hamster, gerbil, white rat, mouse or guinea pig
maintained as a pet.
(c) Public health and safety. To protect any person or neighboring use, or to
protect the public health and safety, the environmental health officer may require
permits for any animals being kept or maintained in a manner or number that
may result in unsanitary conditions, unreasonable noise or odors, or annoyance,
or the attraction of rodents or insects.
(d) Bees. No person shall keep or allow to be kept any hive or other facility for
the housing of bees within the city without a permit.
(e) Wild or exotic animals. No person shall keep or allow to be kept any wild or
• exotic animal within the city without a permit, whether or not the keeping of such
animal is licensed by the state or federal government.
(f) Maximum number of cats. No person shall keep, harbor or maintain more than
three (3) cats of over the age of three (3) months within any individual dwelling
unit within the city without a permit.
(g) Exceptions. This section does not apply to animals which are temporarily
brought into the city for the purpose of participating in any circus or show; nor
does It apply to any public zoo, or persons temporarily keeping animals for a
public zoo as volunteers, docents or otherwise; nor to any bona fide research
institution, or veterinary hospital, provided protective devices adequate to prevent
such animal from escaping or injuring the public are provided.
(C.F. No. 93-231, § 1, 3-18-93; C.F. No. 97-285, § 2,4-9-97)
Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain or harbor within the City of
Saint Paul any of the following animals:
(1) Any animal or species prohibited by federal or Minnesota law.
(2) Any exotic animal or species when kept in such numbers or in such a way as
to constitute a likelihood of harm to the animals themselves, to human beings or
to the property of human beings, or which constitutes a public or private
• nuisance.
N
(3) Any skunk, whether captured in the wild, domestically raised, descanted or •
not descanted, vaccinated against rabies or not vaccinated against rabies.
(4) Any regulated animal obtained after January 1, 2005.
(5) Any member of the family Canidae, such as wolves, dingoes, coyotes and
jackals, except domesticated dogs.
(6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs
and wolves.
(7) Any raccoon.
(8) Any red -eared turtle (Pseudemys scriptae-legans) with a shell length of less
than four (4) inches.
Any person keeping any prohibited animal identified above may have it seized
immediately by animal control.
(b) Exceptions.
(1) This section does not apply to animals which are temporarily brought into the
city for the purpose of participating in any circus or show; nor does it apply to any
public zoo, or persons keeping animals for a public zoo as volunteers, docents or
otherwise; nor to any bona fide research institution, or veterinary hospital,
provided protective devices adequate to prevent such animal from escaping or
injuring the public are provided.
(2) In the case of regulated animals, those exemptions listed in Minn. Stat. § •
346.155, subd. 7 shall apply.
(C.F. No. 93-231, § 1, 3-18-93; C.F. No. 97-285, § 3,4-9-97; C.F. No. 05-630, §
1,8-10-05)
Sec. 198.04. Permit; application, procedures, tern and fee.
(a) Application. Any person desiring a permit required under the provisions of
section 198.02 shall make written application therefor to the environmental health
officer upon a form prescribed by and containing such information as required by
the environmental health officer. Among other things, the application shall
contain the following information:
(1) A description of the real property upon which it is desired to keep the animal
or animals.
(2) The species and number of animals to be maintained on the premises.
(3) A statement that the applicant/permittee will at all times keep the animals in
accordance with all the conditions prescribed by the environmental health officer,
or modification thereof, and that failure to obey such conditions will constitute a
violation of the provisions of this chapter and grounds for cancellation of the
permit.
(4) Such other and further information as may be required by the environmental •
health officer.
Iq
• (b) Consent. The applicant for any permit required under the provisions of section
198.02 shall provide with the application the written consent of seventy-five (75)
percent of the owners or occupants of privately or publicly owned real estate
within one hundred fifty (150) feet of the outer boundaries of the premises for
which the permit is being requested or, in the alternative, proof that applicants
property lines are one hundred fifty (150) feet or more from any structure.
However, where a street separates the premises for which the permit is being
requested from other neighboring properly, no consent is required from the
owners or occupants of property located on the opposite side of the street.
Where a property within one hundred fifty (150) feet 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.
(c) Fees, term of permit. For all permits issued hereunder, the fee shall be
established by ordinance as provided in section 310.09(b) of the Legislative
Code. The term of the permit shall be one (1) year from date of issuance, and the
permit may be renewed from year to year with payment of an additional fee,
established by ordinance as provided in section 310.09(b) of the Legislative
Code, upon application to the environmental health officer, provided, however,
that upon any adverse action or violation of the conditions of the permit or
substantial amendment to the permit application as originally described, a new
application, fee and Investigation may be required before the granting of a permit
or renewal thereof.
• (d) Investigation by environmental health ofticer, may grant permit. The
environmental health officer shall make such investigation as is necessary and
may grant, deny or refuse to renew any application for permit under this chapter.
(e) Permit; conditions. If granted, the permit shall be issued by the environmental
health officer and shall state the conditions, if any, imposed upon the permittee
for the keeping of animals under the permit. The permit shall specify the
restrictions, limitations, conditions and prohibitions which the environmental
health officer deems reasonably necessary to protect any person or neighboring
use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to
protect the public health and safety. Such permit may be modified from time to
time or revoked by the environmental health officer for failure to conform to such
restrictions, limitations or prohibitions. Such modification or revocation shall be
effective from and after ten (10) days following the mailing of written notice
thereof by certified mail to the person or persons keeping or maintaining such
animals.
(f) Refusal to grant or renew a permit. The environmental health officer may
refuse a permit to keep or maintain animals hereunder for failure to comply with.
the provisions of this chapter, if the facilities for the keeping of the animals are or
become inadequate fortheir purpose, if the conditions of the permit are not met,
if a nuisance condition is created, or if the public health and safety would be
unreasonably endangered by the granting of such permit.
• (g) Numbers of animals; species. The permit shall state the maximum number
and species of animals which may be maintained on the premises. The permittee
shall not exceed the maximum number of animals allowed 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, shall be required to apply for a new permit and pay the
appropriate fee.
(C.F. No. 95-520, § 1, 6-7-95; C.F. No. 97-285, § 4, 4-9-97)
•
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al
Hen Chalet on Stilts
• See the Hen Chalet on Wheels to view the features of the Hen Chalet
11
• The model with the skirt is provided for neighborhoods where the sight of chicken
dropping may be problematic. A tarp on the ground can catch the droppings,
increasing the ease of movinq them to vour qarden for fertilizer.
M
File 2005116 Q- ! b
Page 2
Other Cities' Requirements
P�
VAOtt
K 4-00 0%%4-1 0 r!
Staff has completed a review of other cities ordinances to find out how they are regulated
elsewhere. The following table summarizes the surrounding communities regulations. Plymouth
regulations are also shown for comparison
C)ty
Permitted?
Special Approvals
Specific
Min lot
speegic
Max#
Needed?
Zoning
size?
Nuisance
Permitted
District?
lan ua e
Anoka
Yes
No
No '
No
No
NA
Coon Rapids
Yes
No
No
5 acres
No
NA
Crystal
Yes
If more than 3 or
No
No
Yes
None If caged
animals are kept
and inside a
outside
home
Golden Valley
No,
Ham Lake
Yes
Yes (temp CUP)
Yes
No
Yes
15
Maple Grove
Yes
No
Yes
1 acre
No
Ratio to lot
size
Medina
No
Minnetonka
Yes
If max # exceeded
No
'f, acre
Yes
5 per '%acre
Minneapolis
Yes
Yes
No
No
No
No
New Hoe
Yes
If more than 4
No
No
No
4
Plymouth
Yes
No
Yes
No
No
No
Ramsey (City)
Yes
No
No
3'acres
No
Ratio to lot
size
Richfield
Yes
No
No
No
Yes
3
Robbinsdale
Yes96�rNo
No
No
Roseville
as.
rwo
No
No
No
St. Louis Park
Yes, if
Fir Nd 6p
t 9 No 9
No
No
No
caged
St. Paul
Yes
1 Yes, ifmore than 1
No
No
No
No
Shoreview
Yes
No
Yes
2 acres
No
No
Two cities, prohibit keeping chickens, seven cities (including Plymouth) limit chickens to rural or
the largest lot single-family residential districts or have a minimum lot size, and five cities
require a special process or permit.
a3
CI
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•
Special Council Workshop
• Agenda Memo
December 11, 2006
�. MAILBOX INSTALLATION AND REPLACEMENT STANDARDS
DIRECTION FOR CONSIDERATION: REVIEW AND COMMENT ON
PROPOSED MAILBOX INSTALLATION AND REPLACEMENT STANDARDS.
FACTS:
• Mailboxes and paper receptacles installed in public rights of way must be
installed according to standards established by both the United States Postal
Service (USPS) and the City of Eagan. The USPS only requires a specific
size/style of the mailbox receptacle and that it must be installed at an elevation of
approximately 48" above street level. The City requirements are similar to the
USPS for height (minimum clearance of 48" to the lowest receptacle), but we also
require a minimum setback from the face of curb (or edge of pavement). This is to
restrict encroachment into the safety clear zone for snow removal equipment.
• On the recommendation of the League of Minnesota Cities Insurance Trust
(LMCIT), the City Council formally adopted a "Snow and Ice Control Policy" on
December 20, 1999. The purpose of this policy is to establish and maintain
uniform definitions and procedures concerning snow and ice control operations
• for the City of Eagan. Sections IV.A & B states:
"A. The snowplow operators make every effort to remove snow as
close to the curbline as practical and to provide access to
mailboxes for the Postal carrier. However, it is not possible to
provide perfect conditions and minimize damage to mailboxes with
the size and type of equipment the City operates. Therefore, the
final cleaning adjacent to mailboxes is the responsibility of each
resident.
B. The City replaces mailboxes that are damaged, broken or
knocked down only if there was a direct hit by a City plow or City
vehicle provided the mailbox was installed and maintained to City
and postal specifications. Those specications require mailboxes
be located at least 48" above the street level with the forward
bottom corner located behind the back of the curb. "
• Mail and paper box installation in the public right of way has customarily been
the responsibility of the property owner. However, it is rare if ever that the
property owner contacts the City for the installation requirements/guidelines.
Subsequently, many receptacles are installed without meeting the City's height or
setback conditions. The USPS conditions are easily enforced by them through
interruption of delivery service until corrected. To date, there has been no unified
effort to correct those mailbox structures that do not meet the City's standards.
Subsequently, there are many nonconforming ones that are inadvertently damaged
• every winter season by either direct hits by the plow (too low/close to the street)
or structurally weak supports that cannot withstand the weight of snow discharged
from the end of the plows. Neither of these conditions should warrant City
liability.
C) -q
Special Council Workshop
Agenda Memo
December 11, 2006 -
MAILBOX INSTALLATION AND REPLACEMENT STANDARDS (cont.)
FACTS (cont):
• The City historically has assumed damage liability IF: 1) the mailbox was
structurally sound, '2) it met the City's clearance standards, and 3) it was
physically hit by the city vehicle. We have also provided temporary supports and
receptacles until weather conditions allow a proper replacement.
• Recently, City staff has been requiring all new development installations to do so
under the City's Right of Way Management Permit process which allows the staff
to review and approve the proper initial construction and installation. However, a
policy needs to be implemented to address all the existing mailbox supports
throughout the community that do. not meet these standards and/or those that are
structurally deteriorating due to age or improper materials.
• The Public Works Department will be implementing a pro -active policy of
identifying non -conforming mailbox receptacles and notifying property owners of
the need to replace or repair them up to City standards. The staff will provide
interested property owners with a list of pre -approved mailbox contractors for
their consideration if they have no other resources. We would like to also offer an
opportunity to have this work done by the City as part of our community's •
neighborhood revitalization program (street overlays, sign replacements, tree
trimming, etc) that occurs in every neighborhood approximately every 20-25
years and add the costs to the project's special assessments to assist in financing
these needed improvements. And lastly, we would like to adopt a financial
reimbursement limit on the City's exposure if replacement is rightfully
determined to be the City's responsibility (limit needed due to some mailboxes
being "specialty" designs beyond what is necessary for its primary function). Staff
will be providing further background information for discussion at the Workshop.
ATTACHMENTS
• Staff memo, pages _(? throughQ_2 .
• Mail& Paper Box installation Guidelines, paged
• Non-conformance notice to property owners, pa
g
• Preliminary quotes for City initiated installations, page e:71�
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0
•
A Typical Community Mailbox
at Risk of Being Struck by winter
Maintenance Equipment
(too low and forward of back of curb)
Current Qty Standard Plate
•
For Mailbox installation
TO:
MAYOR AND CITY COUNCILMEMBERS
THOMAS L. BEDGES, CITY ADMINISTRATOR
FROM:
THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
TOM STRUVE, SUPT. OF STREETS, EQUIPMENT
DATE:
DECEMBER 7, 2006
SUBJECT:
MAIL BOX PROBLEMS RELATED TO CITY
WINTER MAINTENANCE PROGRAMS
EXECUTIVE SUMMARY
�(OP
111LlydINlINN1IOM
w
MO
Current Qty Standard Plate
•
For Mailbox installation
TO:
MAYOR AND CITY COUNCILMEMBERS
THOMAS L. BEDGES, CITY ADMINISTRATOR
FROM:
THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
TOM STRUVE, SUPT. OF STREETS, EQUIPMENT
DATE:
DECEMBER 7, 2006
SUBJECT:
MAIL BOX PROBLEMS RELATED TO CITY
WINTER MAINTENANCE PROGRAMS
EXECUTIVE SUMMARY
Eagan's public works managers are struggling with how to deal with distressed or
out of specifications mailboxes damaged in the process of winter maintenance
operations. Following is a summary of proposed proactive changes in Current City
Policy.
1. Revise standard City Plate more clearly setting mailbox standards
2. Distribute information about the new policy for mailbox hits and inform
residents/owners of mailboxes that are at risk
3. Develop a program that would provide residents an opportunity to have
mailboxes in their residential neighborhoods refurbished contractually as a
part of the neighborhood overlay programs.
BACKGROUND
As our community matures, Eagan's winter maintenance operations are more and
more impacted by mailboxes that are aging and are/were installed improperly. At
the same time, customer service expectations have risen for our customers/citizens
to the point that referring to an obscure mailbox standard that is not readily
available to the public is no longer effective in dealing with the problem.
The community is blanketed with mailboxes of every different size/type. Many
individual homeowners take great pride in their personal amenities and mailboxes
that border Eagan streets in public boulevards. Some of these residents have very
expensive and unique mailboxes; others have marginally acceptable mailboxes in
very poor condition, and, still others have boxes that were installed by the
developers of their unique neighborhoods. In every case, if snow and ice control
equipment comes in contact with their mailboxes, they expect replacement or at
least repair.
Past Policy has been to inform residents who call to report damage of the US Post
Office specifications and the City Standard Plate requiring a minimum of 48" from
the front bottom comer of the mailbox to the valley of the curb and the need for the
front corner to be located behind the back of the curb. Residents are informed that
if their mailbox did not meet these specifications, no repairs or replacement will
occur. Very seldom is this acceptable as a solution to the problem. Residents
typically insist that repairs are made or replacement occurs.
IWO
Mother Community Mailbox
at Risk of Being Struck by Winter
Maintenance Equipment
(too low and forward of back of curb)
Example of Community Mailboxes
Where Paper Boxes Were
Struck by
Winter Maintenance Equipment
(too low and forward of back of curb)
R is important to note that it is very much the exception that City equipment •
comes into contact with mailboxes that are installed providing the
recommended 48" clear zone. Virtually all mailboxes damaged during plowing
operations are installed too low or forward of the back of the curb.
Mailbox Hits 2005-6 - Fifteen
2004-5 - Eighteen
2003-4 - Forty-two
1. NEWSTANDARD PLATE
An ideal mailbox design has been adopted/installed by the Manley Developers in
new developments adjacent to Dodd Rd. south of Cliff Road. We have
incorporated this design into a new, easy to understand, standard City Mailbox
Plate. (please see attached draft new standard City Plate for mailboxes)
2
a-7
Manleyth of n •
(Dodd Rd. south of gill Rd)
�.
tc
x1
k' z
e
City of Eagan winter maintenance operations require that
residential mailboxes provide a 48" CLEAR ZONE (see attachment)
between the bottom front corner of the mailbox structures/paper boxes
and the valley of the curb. Structures must also be located
behind the back of the concrete curbing.
YOUR MAILBOX at:
IS IN DANGER OF DAMAGE BECAUSE:
❑ Front bottom structures are too low (less than 48')
41PMailbox/paper boxes are` located forward of the back
of the curb.
❑ Is in need of refurbishing (aging/deteriorating post or
structure may not stand impact of snow from plow)
PLEASE make appropriate changes/repairs as needed.
The City of Eagan will not repair/replace your mailbox if damaged by
winter maintenance activities in its current condition
Questions? Please contact
Kurt Schlegel or Tom Struve, Streets Maintenance
651-675-5300
(Tear off here and mail to: Eagan Central Maint., 3501 Coachman Pt., Eagan MN 55122)
Or notify us via e-mail at: Tstruve .citvofeagan.com
(Please notify us when refurbishing/replacement occurs for a compliance inspection)
ADDRESS
• DAY TIME PHONE
.30
Mail Box Quotations
A. 4 x 6 inch Rough Sawn Cedar Vertical Posts
B. 2 x 6 inch Rough Sawn Cedar Horizontal Mounting Supports
C. Medium Sized Galvanized Steel Mailbox
(Typically Black -6.5" wide, 19.5" deep, 8.5" tall)
D. Minimum 24" deep install
E. Reflective 1.5" Minimum -Address Decals/Letters
E. Setbacks and Height as per City Specifications
US Post Cadwells. Inc. Manage IT. Inc
Single Box/One Post
$200
$180
$191.27
Two Boxes/One Post
$250
$220
$207.45
Three Boxes/Two Posts
$350
$320
$295.45
Four Boxes/Two Posts
$400
$420
$326.25
Five Boxes/Two Posts
$490
$342.45
Six Boxes/Two Posts
$540
Seven Boxes/Two Posts
$540
Eight Boxes/Two Posts
$540
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Mother Community Mailbox
at Risk of Being Strudc by Winter
Maintenance Equipment .
(boo low and forward of back of aub)
2. CHANGES TO THE CURRENT POLICY FOR MAILBOX HITS -
(Informing Residents that Their Current Mailboxes are at Risk)
From: City of Eagan Snow and Iee Policy for City Streets (pls see attachment)
(Adopted by City Council on December 20, 1999)
IV. BOULEVARD CONSIDERATIONS
A. Sect. B. The City replaces mailboxes that are damaged, broken, or
knocked down only if there was a direct hit by a City plow or City
vehicle provided the mailbox was installed and maintained to City and
postal specifications. Those specifications require mailboxes be
located at least 48" above the street level with the forward bottom
comer located behind the back of the curb. Residenis/owners noti red
b the he City via U.S. Mail about mailboxes that do not meet
specifications are aMnsible to Mpair/maintain mailboxes in the event
of contact with City Snow and Ice Equipment.
City Maintenance Managers are
distribution of copies of the
new revised Standard Mailbox Plate along with specific information about
individual mailboxes that need re -furbishing to residents throughout the
community. Personnel will canvas sections of the City and notices will be mailed
to residents/owners providing information and support resources as necessary to
attempt to bring all community mailboxes to a standard that will prevent future
contact/damage. (please see attached draft flyers to be distributed)
*Support resources may include providing a list of City approved contractor(s)
who are trained to install mailboxes per City specifications.
New Manley Mailbox
Construction/Design
Providing 48" Gear Zone
For Winter Maintenance Operations
City representatives are preparing to provide the opportunity at the time of
Residential Neighborhood Meetings (prior to Public Hearings) for residents to
learn about the possibility of refurbishing entire neighborhoods with mailboxes per
City Standard in conjunction with our neighborhood refurbishment program
(overlays).
This 20 year time frame may be ideal for the life cycle of a typical mailbox.
Additionally, this pro -active initiative will fit well with already in place
refurbishing of signage, notification of sightline obstructions and removal of
boulevard amenities encroaching in rights of way currently being addressed at the
20 year overlay interval.
As always, we would welcome the opportunity to provide any additional
information that the City Council may need.
Respectfully,
Tom Colbert, Director of Public Works
Tom Struve, Superintendent of Street and Equipment
3
l
�9,
M
•
AGENDA
SPECIAL CITY COUNCIL MEETING
MONDAY
:MBER 119 2006
5:30 P.M.
CITY COUNCIL CHAMBERS
I. ROLL CALL AND AGENDA ADOPTION
II. VISITORS TO BE HEARD
• III. CONSIDER ORDINANCE AMENDMENT REGARDING
EGG LAYING CHICKENS IN RESIDENTIAL AREAS
y° IV. CONSIDER POLICY FOR MAIL AND PAPER BOX
INSTALLATION GUIDELINES
V. OTHER BUSINESS
VI. ADJOURNMENT
0
Fk
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 89 2006
SUBJECT: SPECIAL CITY COUNCIL MEETING /MONDAY, DECEMBER 11
A special City Council meeting has been scheduled for Monday, December 11 at 5:30 p.m. in the
Council Chambers. Enclosed is an agenda for the meeting.
Also, as a reminder, a Public Works Committee meeting is scheduled to take place immediately
following the workshop, which is anticipated to begin around 6:45 p.m.
/s/Thomas L. Hedees
City Administrator
•
•
I
• Agenda Information Memo
December 11, 2006, Special Eagan City Council Meeting
III. CONSIDER ORDINANCE AMENDMENT REGARDING EGG LAYING
CHICKENS IN RESIDENTIAL AREAS
ACTION TO BE
To provide direction to staff regarding a request for an ordinance amendment
regarding egg laying chickens in residential areas.
FACTS:
On October 6, 2006 City Councilmember Tilley received an email request
from Heather Goff, an eighth grader at Dakota Hills Middle School, explaining
the research she and her dad completed regarding the raising of egg laying
chickens. They correctly concluded that the activity is prohibited by the
Eagan City Code and she is therefore inquiring as to the possibility of
changing the Code to allow her to raise egg laying chickens in her back yard.
• Chapter 10 of the Code, Public Protection, Crimes and Offenses, and
specifically Section 10. 12, Animals and fowl—Keeping, transporting,
treatment, housing, contains the pertinent regulations.
• The Eagan City Code defines chickens as farm animals and states that it is
unlawful for any person to keep farm animals in any zoning district except
agricultural with the property containing not less than 5 acres.
• By way of reference the Code states that farm animals means cattle, horses,
mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea
hens, and honey bees.
• Heather is proposing to add a subdivision (8) to section 10.12 providing for
the Keeping of Chickens for non -Commercial Uses which is patterned after
the old Code section providing for the harboring of carrier pigeons in similar
circumstances. That section of the Code has subsequently been amended
and the harboring of carrier pigeons now requires property of at least one-half
(1/2) acre in size. Her proposed change also includes an approval process
with neighboring property owners similar to how Minneapolis addresses the
pigeon permitting process.
• • The raising of chickens in residential areas has not been a prominent issue in
Eagan. To staffs knowledge there are no hobby related interests similar to
91
the pigeon clubs, etc. Occasionally the City receives a telephone call •
inquiring about the permissibility of raising chickens and the limitations have
been understood and accepted. Staff has also occasionally enforced this
Code provision and asked for the removal of chickens with no significant
resistance from owners. It appears that these violations have resulted from a
lack of information regarding the Code.
The City of Plymouth began processing a similar request which was
subsequently withdrawn in the fall of 2005. Their material is summarized as
an attachment. Responses to Eagan's request to other cities for information,
while not presented formally, yields similar results. Most cities control the
harboring of farm animals either through zoning classifications or through
minimum lot size requirements. The answer to the "Do you allow it?".
question is "yes", but subject to "...." The subject to is for the most part
similar to Eagan's existing Code allowing the harboring of farm animals on
agriculturally zoned parcels of at least 5 acres, therefore not allowing the
animals in residentially zoned property..
• The public policy issues for the City Council are similar to those reviewed
while addressing the pigeon permitting process and relate primarily to
balancing individual property owner rights with the rights and interests of
neighbors and of the broader community.
• Heather plans to attend the City Council meeting and probably would like to •
make a limited presentation and be available to answer questions.
ATTACHMENTS:
• Enclosed on pages on pages _—+— through _ is a copy of Section
10.12, Animals and fowl—Keeping, transporting, treatment, housing of
Eagan's City Code.
• Enclosed on pages O througha_ is a copy of the emails from
Heather, her proposed ordinance amendment, and her copies of the relevant
Minneapolis and St. Paul ordinances.
• Enclosed on page is a copy of pictures of a particular chicken coop
displayed on the webs' a referred to in Heather's email.
• Enclosed on page a L is a copy of a matrix of information summarized
by the City of Plymouth in the fall of 2005.
•
1W
• PUBLIC PROTECTION, CRIMES AND OFFENSES
(2) The dog, cat, or ferret was revaccinated for rabies inn
exposure, at which time the 40 -day period shall begin;
(3 A written report as required by state law is receiv
health.
(b) Any q tine of a dog, cat, or ferret under this
accordance 'th subparagraph B, item 1(b) of thi
§ 10 12
di y after
the board of
h shall be in
(c) If the dog, cat, ferret dies or shows signsof ' s or escapes, the animal
control officer. o lice department m e notified immediately, the
confinement, tea ' treatment cos , in addition to all other expenses
incurred as the result a dog, cat, or bitten by another animal, shall
be at the expense of the er of a dog or cat bitten.
(d) In the event that a cfica ant rabies inoculation is not provided or
the owner of the dog, cat, or bitten failed to comply with the provisions
herein or, upon a reaso a sus. 'on that the dog, cat, or ferret may be
rabid, the dog, cat, or rret shall be ' ediately seized and subject to the
necessary test by doctor of ve medicine for the purpose of
determining if ' is infected with rabi and shall be quarantined as
provided in s paragraph B, item 1(b) of this bdivision. Any animal, other
. than a do , cat, or ferret which has bitten a g, cat, or ferret shall be
destro and taken to the university diagnostic to be determined if the
has been infected with rabies.
(Code 1983, § 10.11 .1-1-83; Ord. No. 136, 2nd series, eff. 4-17-92; Ord. o. 165, 2nd series,
eff. 5-14-93; Ord o. 203, 2nd series, eff. 7-13-95; Ord. No. 252, 2nd series, . 1-15-98; Ord.
No. 263, 2nd 'es, eff. 6-25-98; Ord. No. 270, 2nd series, eff. 12-24-98; O o. 281, 2nd
series, eff. 1-99; Ord. No. 305, 2nd series, §§ 1-6, eff. 9-20-01; Ord. No. 324, nd series,
§§ 1-8 11-22-01; Ord. No. 370, 2nd series, §§ 1-5, eff. 12-11=03)
a references—Kennels, § 6.38; pet shops, § 6.43.
to law references—Animals generally, Mina. Stat. § 346.01 etm,
dogs and ts,
Stat. § 347.01 et seq.
Sec. 10.12. Animals and fowl—Keeping, transporting, treatment, housing.
Subd. 1. Definitions. As used in this section, the following definitions shall apply:
A. Farm animals mean's cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese,
turkeys, chickens, guinea hens and honey bees.
B. Animals include farm animals and all other animals, reptiles, and feathered birds or
fowl, except doge, cats, ferrets, gerbils, hamsters, rabbits, and caged household birds.
Subd 2. Keeping. Itis unlawful for any person to keep or harbor any animal, not in transit,
except (1) farm animals kept in that portion of the city zoned agricultural and containing not
less than five acres, or (2) animals kept as part of a show licensed under the City Code, or (3)
• animals used in a parade for which a permit has been issued, or (4) animals kept in a
Supp. No. n CD10:17
PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.12
•
laboratory for scientific or experimental purposes, or (5) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian, or (6) animals kept in a pet shop 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 or harbor a total of four or more
dogs, cats, ferrets, or rabbits, or a combination thereof, over six months of age, without first
obtaining a kennel license from the city as regulated in Chapter 6 of this Code.
Subd. 3. Animals in transit. It is unlawful for any person to transport animals unless they
are (1) confined within a vehicle, cage or other means of conveyance, or (2) farm animals being
transported in a portion of the city zoned agricultural, or (3) restrained by means of bridles,
halters, ropes or other means of individual restraint.
Subd. 4. Trvatment. It is unlawful for any person to treat any animal, as herein defined, or
any other animal in a cruel or inhumane manner.
Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein defined, or
any other animal in any structure infested by rodents, vermin, flies or insects or inadequate
for protection against the elements.
Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and
upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission
therefor from the owner. f•
Subd. 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 similar commercial purposes.
3. 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
§ 10.12 EAGAN CODE
•
control officer inspects the premises and lofts thereof. All applications for permit
renewal shall be filed within 60 days prior to the expiration of the present operating
permit. The application shall include, but not be limited to, the following:
1. 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.
ubmitted;2. The location and legal description of the premises 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 stamped on the band;
6. 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-
ments.
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. Transferability 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. s CD10:18.2
l`s
PUBLIC PROTECTION, CRIMES AND OFFENSES § 10.13 •
shall conform in all respects with the provisions of subparagraph B, above,
governing the filingof the original application. The application for transfer is to
be accompanied by a transfer fee as to be determined by the council.
3. 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-
ments:
(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 -in a sanitary and odor -free
condition.
(e) Each loft shall have at least two square feet of floorspace 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, training and competition; provided no carrier pigeon shall be
released for flying within eight hours of its feeding.
(h) No pigeon shall perch or linger on the buildings or property of others.
R 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
permit issued hereunder.
(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.
Trapping prohibited; exceptions.
Subd. 1. Deiftti0i The following terms, as used is this section, shall ha meanings
stated:
A. 71up means any device, snare, bird line, ferret, hawk, vehicle or
contrivance whatever used to an or otherwise restrain the free
movement of
B. TNa sane the act of setting, laying or possession with intent to ay a trap. •
Sapp, No. 12 CD10:18.3
Tom .... pls. share with other council members and let me know how I should proceed with a
response to Heather .... she is quite the grown your lady. meg
>Dear Councilwoman Tilly,
Wname is Heather Q&Ef and I am an eighth grader at Dakota Hills. In
>the past year, my father and I read an article in the newspaper about
>raising egg laying chickens. We have done our research and think a
>small group of chickens would work in our medium sized yard.
>However, my dad did other research and found out that this is illegal
>in our city ordinances. He even called the animal patrol here and asked
>if it would be a big deal. Although she thought it would be cool to
>have chickens, she was clear that she would have to take them away
>under the current law.
>So now, before I can learn about raising chickens I have to learn about
>changing this law. Since you have been involved in Eagan politics a
>long time, I am hoping that you can take my information and let me know
>how to proceed. The animal control officer did say that others have had
>their chickens removed just this year, so I know we are not the only
>ones with this interest.
>Please look at the attached.document that lays out our basic proposal.
>I have included our thoughts, plus information from other cities that
>allow chickens.
>If you could get back to me and let me know what else we can do and
>whether (because of your experience) you can tell me if something like
>this has a chance of changing it would be greatly appreciated.
>Sincerely,
>Heather Goff.
>P.S. The type of chicken coop we were planning on buying can be seen at
>www.henspa.com along with many other coops.
>P.P.S. The magazine "USA Weekly" in its September 24, 2006 edition had
n article about how owning a small backyard chicken flock is becoming
ery popular right now. If you have access, it would be good to read also.
E
2
0
Gene VanOverbeke
From: Tom Hedges •
Sent: Monday, October 09, 2006 8:49 AM
To: Jon Hohenstein; Gene VanOverbeke
Subject: FW: Citizen request
Attachments: Chicken Proposal.doc
Chicken
)roposal.doc (66 KB.
Sorry, the attachment
-----Original Message -----
From: Heather Goff(mailto:heather.goff@comcast.net]
Sent: Saturday, October 07, 2006 12:28 PM
To: Tom Hedges
Subject: Citizen request
Dear Mr. Hedges,
My dad and I have already researched.the code and understand the restrictions. We would
like to know if this issue has been brough up recently and if not how to change it. Here
are some thoughts that my dad helped me work on. Ms. Tilley might have already forwarded
this attachment to you along with our letter to her. -
Thank you,
Heather Goff •
----- Original Message ----- -
From: "Margaret Tilley" <megtilley2002@hotmail.com>
To: <heather.goff@comcast.net>
Sent: Friday, October 06, 2006 12:43 PM
Subject: RE: Your request
> Hi Again .... I have given your request to our City Administrator, Tom
> Hedges (THedges@cityofeagan.com) and he is going to check out the city
> code regulations relative to raising egg laying chickens in a residentail
> neighborhood. He will get back to you to let you know what is permissible
> and/or what is not.
> Thanks for your inquiry. E-mail anytime you have a city concern.
> Meg
L
C�
• Proposed:
A revision of Eagan City Ordinance 10.12 to permit the keeping of egg producing
chickens.
Action to be considered:
Update the city code so that individual home owners can own and maintain a
small group of female chickens for the purpose of non-commercial egg laying
and enjoyment of the animals.
Facts:
Eagan code already allows for the keeping of 4 dogs, cats, ferrets, and rabbits
Eagan code already has a permit process for keeping up to 100 homing pigeons.
A group of 4 chickens will produce 3 eggs daily during the summer months and
can produce eggs throughout the year. This size flock will meet the typical
family's needs for egg consumption. A rooster is not needed.
A small group of egg -laying hens will help control bug population, contribute to
healthier soil for gardening, and allow families to be more directly connected to
their own food choices.
• Modem chicken shelters are safe, healthy, in -some cases mobile, and will not
detract from property values.
•
Neither the State of Minnesota nor the City of Eagan has a long-term plan for
feeding its population in the event of a major disaster. Eagan encourages its
citizens to have food available and make plans for natural and man-made
disasters. A small group of chickens, similar to a small group of rabbits, has
been a historical necessity in previous generations during times of crisis (e.g.
Victory Gardens in WWII). Citizens will not be able to take advantage of these
solutions to their planning needs after a crisis has begun.
Both St. Paul and Minneapolis, cities with higher density housing and generally
smaller lot sizes have procedures for raising small groups of chickens.
Proposed Language:
Sec. 10.12. Animals and fowl—Keeping, transporting, treatment, housing.
Subd.1. Definitions. As used in this section, the following definitions shall apply:
A. Farm animals means cattle, horses, mules, sheep, goats, swine, ponies,
ducks, geese, turkeys, chickens, guinea hens and honey bees.
/I'v
B. Animals include farm animals and all other animals, reptiles, and feathered •
birds or fowl, except dogs, cats, ferrets, gerbils, hamsters, rabbits, and caged
household birds.
Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not
in transit, except (1) farm animals kept in that portion of the city zoned
agricultural and containing not less than five acres, or (2) animals kept as part of
a show licensed under the City Code, or (3) animals used in a parade for which a
permit has been issued, or (4) animals kept in a laboratory for scientific or
experimental purposes, or (5) animals kept in an animal hospital or clinic for
treatment by a licensed veterinarian, or (6) animals kept in a pet shop 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 or harbor a total of four
or more dogs, cats, ferrets, or rabbits, or a combination thereof, over six months
of age, without first obtaining a kennel license from the city as regulated in
Chapter 6 of this Code.
Subd. 3. Animals in transit. It is unlawful for any person to transport animals
unless they are (1) confined within a vehicle, cage or other means of
conveyance, or (2) farm animals being transported in a portion of the city zoned
agricultural, or (3) restrained by means of bridles, halters, ropes or other means
of individual restraint.
Subd. 4. Treatment. It is unlawful for any person to treat any animal, as herein
defined, or any other animal in a cruel or inhumane manner. •
Subd. 5. Housing. It is unlawful for any person to keep any animal, as herein
defined, or any other animal in any structure infested by rodents, vermin, flies or
insects or inadequate for protection against the elements.
Subd. 6. Trespasses. It is unlawful for any person to herd, drive or ride any
animal over and upon any grass, turf, boulevard, city park, cemetery, garden or
lot without specific permission therefor from the owner.
Subd. 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 bind. Homing
and racing pigeons shall not constitute "fowl" as otherwise used in this section
unless such pigeons are raised for food or for similar commercial purposes.
3. 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 dark 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 control officer inspects the premises and lofts thereof. All applications for
permit renewal shall be filed within 60 days prior to the expiration of the present
operating permit. The application shall include, but not be limited to, the
following:
1. 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 premises 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 stamped on the band;
• 5. 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
statements.
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
is
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
1A
provisions or state laws relating to zoning, health, fire, building or safety •
regulations.
2. Transferability 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
shall conform in all respects with the provisions of subparagraph B, above,
governing the filing of the original application. The application for transfer is to be
accompanied by a transfer fee as to be determined by the council.
3. Specifications. The construction and location of the loft shall be in compliance
with the building and zoning regulations of the city and the following
requirements:
(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 in 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, training and competition; provided no carrier pigeon shall be
released for flying within eight hours of its feeding.
(h) No pigeon shall perch or linger on the buildings 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 permit issued hereunder.
Subd. 8 Keeping of Chickens for non -Commercial Uses
A. Definitions. As used in this subdivision, the following definitions shall apply:
1. Chicken means any female of the species of used for non-commercial
purposes and shall not constitute "fowl" as otherwise used in this section.
2. Coop means the structures in which chickens are housed.
B. Chicken raising permit required. It is unlawful for any person to keep, harbor,
maintain, possess, or otherwise control any chicken without first obtaining a
permit therefore from the city. The fees for a permit hereunder shall be •
)3
• 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 control officer inspects the premises and lofts thereof. All applications for
permit renewal shall be filed within 60 days prior to the expiration of the present
-operating permit. The application shall include, but not be limited to, the
following:
1. The name and addresses of the following persons:
(a) The applicant signed thereto; and
(b) The owner or owners of the premises on which chickens are sought to be
kept for which the application is submitted;
2. The location and legal description of the premises on which chickens are
sought to be kept;
3. The number of chickens kept on the premises;
4. A sketch plan of the premises on which chickens are sought to be kept,
including the location, dimensions and design of the coop.
5. The signature of 80% of the adjoining, same side of street, property holders
granting permission to have a chicken coop under this ordinance; and
is 5. 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
statements.
2. The applicant has not complied with one or more of the provisions hereunder.
3. The premises or coop 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 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 coop 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.
)q
2. Transferability 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
shall conform In all respects with the provisions of subparagraph B, above,
governing the filing of the original application. The application for transfer is to be
accompanied by a transfer fee as to be determined by the council.
3. Specifications. The construction and location of the coop shall be in
compliance with the building and zoning regulations of the city and the following
requirements:
(a) No more than one (1) coop, of which each shall not be greater in size than 12
feet x 6 feet x 6 feet shall be on the premises.
(b) No more than 6 chickens over 6 months of age shall be kept or harbored on
the premises for which the permit applies. No roosters shall be kept at all.
(c) No coop shall be permanently affixed within 25 feet of any inhabited dwelling.
(d) Each coop shall be maintained in a clean and sanitary condition and kept in
good repair, including the removal and disposal of all chicken waste weekly or
more often as required to keep the coop in a sanitary and odor -free condition.
(e) Each coop, shall have at least two square feet of floor space for each mature
chicken kept therein.
(f) All chickens shall be fed within the confines of the coop, and all feed for the
chickens shall be stored in such containers as to protect against infestation of •
rodents and other vermin.
(g) No chicken shall perch or linger on the buildings 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 permit issued hereunder.
n
U
1,15
• Attachment 1 - Minneapolis Ordinance
70.10. Permit required.(a) No person shall anywhere in the city keep, harbor, or
maintain care, custody, or control over any small animal or any fowl such as a
chicken, turkey, or duck, or any pigeon, without obtaining a permit therefor issued
by the commissioner of health or their designee.
(b) The commissioner of health or their designee may grant any permit pursuant
to this section after the applicant has sought the written consent of at least eighty
(80) percent of the occupants of the several descriptions of real estate situated
within one hundred (1 00) feet of the applicant's real estate. Such written consent
shall be required on the first and initial application and as often thereafter as the
commissioner of health or their designee deems necessary.
(c) No permit shall be granted to keep any animal, fowl, or pigeon within a
dwelling unit or part thereof, nor on any real estate which contains three (3) or
more dwelling units.
(d) This section shall not apply to dogs, cats, ferrets, or rabbits nor to
veterinarians or licensed pet shops or licensed kennels. (Code 1960, As Amend.,
§ 814.010; Ord. of 6-13-75, § 2; Ord. of 3-12-76, § 1; 85 -Or -040, § 1, 2-22-85;
2005 -Or -085, § 2, 9-23-05)
• 70.20. Application for pennit.Any person desiring a permit under this chapter
shall make written application therefor to the commissioner of health upon a form
prepared by the commissioner of health, which application shall describe the real
estate upon which it is desired to keep any animals and shall require the giving of
such information by the applicant as the commissioner of health may desire.
Such application shall contain a statement by the applicant that he will "at all
times keep such animals in accordance with all conditions prescribed by the
commissioner of health and failure to obey such conditions shall be a violation of
this chapter and shall be cause for cancellation of the permit by the
commissioner of health." (Code 1960, As Amend., § 814.020; Ord. of 6-13-75, §
2)
70.30. Duration of permit; fee.(a) All permits issued hereunder shall expire on
February first next after its issuance unless sooner revoked.
(b) The annual fee for a permit shall be ten dollars ($10.00) which shall be paid at
the time of the making of the application therefor. (Code 1960, As Amend., §
814:030; Ord. of 6-13-75, § 2; 77 -Or -147, § 1, 7-15-77; 78 -Or -253, § 1,12-14-78;
85 -Or -040, § 2, 2-22-85)
70.40. Conditions for keeping animals or fowl; revocation of permILThe
• commissioner of health may prescribe general conditions for the keeping of
animals or fowl and specfic conditions as to a particular animal or fowl or
particular premises as in his or her judgment are necessary to safeguard public
)W
health and the general welfare. The commissioner of health may revoke any •
permit granted pursuant to this chapter if any such condition is violated or if any
pet becomes a public nuisance. (Code 1960, As Amend., § 814.040; Ord. of 6-
13-75, § 2)
70.50. Refusal to grant permit.The commissioner of health may refuse a permit to
keep or maintain animals or fowl hereunder for failure to comply with the
provisions of this chapter, and shall refuse a permit if in his or her judgment such
animals or fowl should not be kept upon the premises described in the
application for the permit. If any such permit is refused, the fee paid with the
application shall be retained by the city to pay its expenses in the investigation
and consideration thereof and be applied as provided in section 70.60. (Code
1960, As Amend., § 814.050; Ord. of 6-13-75, § 2; Pet. No. 248858, § 7,3-31-
89)
70.60. Dispersal of permit fees.The city -finance officer shall at the close of each
month credit one -thins of the permit fees collected under the provisions of this
chapter to the council/clerk subdivision of the current expense fund, other than
personal, to meet the cost and expense of publication of notices in the official
newspaper of the city, and other similar expenses, and two-thirds thereof to the
department of health fund to meet the cost and expense of the commissioner of
health in connection with the inspection of premises and promulgation of any •
general or special order relative to the enforcement of this chapter. (Code 1960,
As Amend., § 814.060; Ons. of 6-13-75, § 2)
70.70. Enforcement.The commissioner of health or the commissioners duly
authorized appointees shall enforce the provisions of this chapter. (Code 1960,
As Amend., § 814.070; Ord. of 6-13-75, § 2; Pet. No. 248858, § 8, 3-31-89)
•
17
• Attachment 2 - St. Paul Ordinance
Sec. 198.02. Permits required; exceptions.
(a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to
remain on any lot or premises within the city without a permit.
(b) Small animals and birds of the orders Ansedformes and Galliformes. No
person shall keep or permit more than one (1) live rabbit, or any mink, ferret,
chicken, turkey, duck, goose or pigeon or similar small animal or bind, in any
dwelling or on the same lot or premises with a dwelling or other premises within
the city without a permit. This paragraph does not apply to any single dove or any
other small bird, or any chinchilla, hamster, gerbil, white rat, mouse or guinea pig
maintained as a pet.
(c) Public health and safety. To protect any person or neighboring use, or to
protect the public health and safety, the environmental health officer may require
permits for any animals being kept or maintained in a manner or number that
may result in unsanitary conditions, unreasonable noise or odors, or annoyance,
or the attraction of rodents or insects.
(d) Bees. No person shall keep or allow to be kept any hive or other facility for
the housing of bees within the city without a permit.
(e) Wild or exotic animals. No person shall keep or allow to be kept any wild or
• exotic animal within the city without a permit, whether or not the keeping of such
animal is licensed by the state or federal government.
(f) Maximum number of cats. No person shall keep, harbor or maintain more than
three (3) cats of over the age of three (3) months within any individual dwelling
unit within the city without a permit.
(g) Exceptions. This section does not apply to animals which are temporarily
brought into the city for the purpose of participating in any circus or show; nor
does It apply to any public zoo, or persons temporarily keeping animals for a
public zoo as volunteers, docents or otherwise; nor to any bona fide research
institution, or veterinary hospital, provided protective devices adequate to prevent
such animal from escaping or injuring the public are provided.
(C.F. No. 93-231, § 1, 3-18-93; C.F. No. 97-285, § 2,4-9-97)
Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain or harbor within the City of
Saint Paul any of the following animals:
(1) Any animal or species prohibited by federal or Minnesota law.
(2) Any exotic animal or species when kept in such numbers or in such a way as
to constitute a likelihood of harm to the animals themselves, to human beings or
to the property of human beings, or which constitutes a public or private
• nuisance.
N
(3) Any skunk, whether captured in the wild, domestically raised, descanted or •
not descanted, vaccinated against rabies or not vaccinated against rabies.
(4) Any regulated animal obtained after January 1, 2005.
(5) Any member of the family Canidae, such as wolves, dingoes, coyotes and
jackals, except domesticated dogs.
(6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs
and wolves.
(7) Any raccoon.
(8) Any red -eared turtle (Pseudemys scriptae-legans) with a shell length of less
than four (4) inches.
Any person keeping any prohibited animal identified above may have it seized
immediately by animal control.
(b) Exceptions.
(1) This section does not apply to animals which are temporarily brought into the
city for the purpose of participating in any circus or show; nor does it apply to any
public zoo, or persons keeping animals for a public zoo as volunteers, docents or
otherwise; nor to any bona fide research institution, or veterinary hospital,
provided protective devices adequate to prevent such animal from escaping or
injuring the public are provided.
(2) In the case of regulated animals, those exemptions listed in Minn. Stat. § •
346.155, subd. 7 shall apply.
(C.F. No. 93-231, § 1, 3-18-93; C.F. No. 97-285, § 3,4-9-97; C.F. No. 05-630, §
1,8-10-05)
Sec. 198.04. Permit; application, procedures, tern and fee.
(a) Application. Any person desiring a permit required under the provisions of
section 198.02 shall make written application therefor to the environmental health
officer upon a form prescribed by and containing such information as required by
the environmental health officer. Among other things, the application shall
contain the following information:
(1) A description of the real property upon which it is desired to keep the animal
or animals.
(2) The species and number of animals to be maintained on the premises.
(3) A statement that the applicant/permittee will at all times keep the animals in
accordance with all the conditions prescribed by the environmental health officer,
or modification thereof, and that failure to obey such conditions will constitute a
violation of the provisions of this chapter and grounds for cancellation of the
permit.
(4) Such other and further information as may be required by the environmental •
health officer.
Iq
• (b) Consent. The applicant for any permit required under the provisions of section
198.02 shall provide with the application the written consent of seventy-five (75)
percent of the owners or occupants of privately or publicly owned real estate
within one hundred fifty (150) feet of the outer boundaries of the premises for
which the permit is being requested or, in the alternative, proof that applicants
property lines are one hundred fifty (150) feet or more from any structure.
However, where a street separates the premises for which the permit is being
requested from other neighboring properly, no consent is required from the
owners or occupants of property located on the opposite side of the street.
Where a property within one hundred fifty (150) feet 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.
(c) Fees, term of permit. For all permits issued hereunder, the fee shall be
established by ordinance as provided in section 310.09(b) of the Legislative
Code. The term of the permit shall be one (1) year from date of issuance, and the
permit may be renewed from year to year with payment of an additional fee,
established by ordinance as provided in section 310.09(b) of the Legislative
Code, upon application to the environmental health officer, provided, however,
that upon any adverse action or violation of the conditions of the permit or
substantial amendment to the permit application as originally described, a new
application, fee and Investigation may be required before the granting of a permit
or renewal thereof.
• (d) Investigation by environmental health ofticer, may grant permit. The
environmental health officer shall make such investigation as is necessary and
may grant, deny or refuse to renew any application for permit under this chapter.
(e) Permit; conditions. If granted, the permit shall be issued by the environmental
health officer and shall state the conditions, if any, imposed upon the permittee
for the keeping of animals under the permit. The permit shall specify the
restrictions, limitations, conditions and prohibitions which the environmental
health officer deems reasonably necessary to protect any person or neighboring
use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to
protect the public health and safety. Such permit may be modified from time to
time or revoked by the environmental health officer for failure to conform to such
restrictions, limitations or prohibitions. Such modification or revocation shall be
effective from and after ten (10) days following the mailing of written notice
thereof by certified mail to the person or persons keeping or maintaining such
animals.
(f) Refusal to grant or renew a permit. The environmental health officer may
refuse a permit to keep or maintain animals hereunder for failure to comply with.
the provisions of this chapter, if the facilities for the keeping of the animals are or
become inadequate fortheir purpose, if the conditions of the permit are not met,
if a nuisance condition is created, or if the public health and safety would be
unreasonably endangered by the granting of such permit.
• (g) Numbers of animals; species. The permit shall state the maximum number
and species of animals which may be maintained on the premises. The permittee
shall not exceed the maximum number of animals allowed 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, shall be required to apply for a new permit and pay the
appropriate fee.
(C.F. No. 95-520, § 1, 6-7-95; C.F. No. 97-285, § 4, 4-9-97)
•
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al
Hen Chalet on Stilts
• See the Hen Chalet on Wheels to view the features of the Hen Chalet
11
• The model with the skirt is provided for neighborhoods where the sight of chicken
dropping may be problematic. A tarp on the ground can catch the droppings,
increasing the ease of movinq them to vour qarden for fertilizer.
M
File 2005116 Q- ! b
Page 2
Other Cities' Requirements
P�
VAOtt
K 4-00 0%%4-1 0 r!
Staff has completed a review of other cities ordinances to find out how they are regulated
elsewhere. The following table summarizes the surrounding communities regulations. Plymouth
regulations are also shown for comparison
C)ty
Permitted?
Special Approvals
Specific
Min lot
speegic
Max#
Needed?
Zoning
size?
Nuisance
Permitted
District?
lan ua e
Anoka
Yes
No
No '
No
No
NA
Coon Rapids
Yes
No
No
5 acres
No
NA
Crystal
Yes
If more than 3 or
No
No
Yes
None If caged
animals are kept
and inside a
outside
home
Golden Valley
No,
Ham Lake
Yes
Yes (temp CUP)
Yes
No
Yes
15
Maple Grove
Yes
No
Yes
1 acre
No
Ratio to lot
size
Medina
No
Minnetonka
Yes
If max # exceeded
No
'f, acre
Yes
5 per '%acre
Minneapolis
Yes
Yes
No
No
No
No
New Hoe
Yes
If more than 4
No
No
No
4
Plymouth
Yes
No
Yes
No
No
No
Ramsey (City)
Yes
No
No
3'acres
No
Ratio to lot
size
Richfield
Yes
No
No
No
Yes
3
Robbinsdale
Yes96�rNo
No
No
Roseville
as.
rwo
No
No
No
St. Louis Park
Yes, if
Fir Nd 6p
t 9 No 9
No
No
No
caged
St. Paul
Yes
1 Yes, ifmore than 1
No
No
No
No
Shoreview
Yes
No
Yes
2 acres
No
No
Two cities, prohibit keeping chickens, seven cities (including Plymouth) limit chickens to rural or
the largest lot single-family residential districts or have a minimum lot size, and five cities
require a special process or permit.
a3
CI
CI
•
Special Council Workshop
• Agenda Memo
December 11, 2006
�. MAILBOX INSTALLATION AND REPLACEMENT STANDARDS
DIRECTION FOR CONSIDERATION: REVIEW AND COMMENT ON
PROPOSED MAILBOX INSTALLATION AND REPLACEMENT STANDARDS.
FACTS:
• Mailboxes and paper receptacles installed in public rights of way must be
installed according to standards established by both the United States Postal
Service (USPS) and the City of Eagan. The USPS only requires a specific
size/style of the mailbox receptacle and that it must be installed at an elevation of
approximately 48" above street level. The City requirements are similar to the
USPS for height (minimum clearance of 48" to the lowest receptacle), but we also
require a minimum setback from the face of curb (or edge of pavement). This is to
restrict encroachment into the safety clear zone for snow removal equipment.
• On the recommendation of the League of Minnesota Cities Insurance Trust
(LMCIT), the City Council formally adopted a "Snow and Ice Control Policy" on
December 20, 1999. The purpose of this policy is to establish and maintain
uniform definitions and procedures concerning snow and ice control operations
• for the City of Eagan. Sections IV.A & B states:
"A. The snowplow operators make every effort to remove snow as
close to the curbline as practical and to provide access to
mailboxes for the Postal carrier. However, it is not possible to
provide perfect conditions and minimize damage to mailboxes with
the size and type of equipment the City operates. Therefore, the
final cleaning adjacent to mailboxes is the responsibility of each
resident.
B. The City replaces mailboxes that are damaged, broken or
knocked down only if there was a direct hit by a City plow or City
vehicle provided the mailbox was installed and maintained to City
and postal specifications. Those specications require mailboxes
be located at least 48" above the street level with the forward
bottom corner located behind the back of the curb. "
• Mail and paper box installation in the public right of way has customarily been
the responsibility of the property owner. However, it is rare if ever that the
property owner contacts the City for the installation requirements/guidelines.
Subsequently, many receptacles are installed without meeting the City's height or
setback conditions. The USPS conditions are easily enforced by them through
interruption of delivery service until corrected. To date, there has been no unified
effort to correct those mailbox structures that do not meet the City's standards.
Subsequently, there are many nonconforming ones that are inadvertently damaged
• every winter season by either direct hits by the plow (too low/close to the street)
or structurally weak supports that cannot withstand the weight of snow discharged
from the end of the plows. Neither of these conditions should warrant City
liability.
C) -q
Special Council Workshop
Agenda Memo
December 11, 2006 -
MAILBOX INSTALLATION AND REPLACEMENT STANDARDS (cont.)
FACTS (cont):
• The City historically has assumed damage liability IF: 1) the mailbox was
structurally sound, '2) it met the City's clearance standards, and 3) it was
physically hit by the city vehicle. We have also provided temporary supports and
receptacles until weather conditions allow a proper replacement.
• Recently, City staff has been requiring all new development installations to do so
under the City's Right of Way Management Permit process which allows the staff
to review and approve the proper initial construction and installation. However, a
policy needs to be implemented to address all the existing mailbox supports
throughout the community that do. not meet these standards and/or those that are
structurally deteriorating due to age or improper materials.
• The Public Works Department will be implementing a pro -active policy of
identifying non -conforming mailbox receptacles and notifying property owners of
the need to replace or repair them up to City standards. The staff will provide
interested property owners with a list of pre -approved mailbox contractors for
their consideration if they have no other resources. We would like to also offer an
opportunity to have this work done by the City as part of our community's •
neighborhood revitalization program (street overlays, sign replacements, tree
trimming, etc) that occurs in every neighborhood approximately every 20-25
years and add the costs to the project's special assessments to assist in financing
these needed improvements. And lastly, we would like to adopt a financial
reimbursement limit on the City's exposure if replacement is rightfully
determined to be the City's responsibility (limit needed due to some mailboxes
being "specialty" designs beyond what is necessary for its primary function). Staff
will be providing further background information for discussion at the Workshop.
ATTACHMENTS
• Staff memo, pages _(? throughQ_2 .
• Mail& Paper Box installation Guidelines, paged
• Non-conformance notice to property owners, pa
g
• Preliminary quotes for City initiated installations, page e:71�
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0
•
A Typical Community Mailbox
at Risk of Being Struck by winter
Maintenance Equipment
(too low and forward of back of curb)
Current Qty Standard Plate
•
For Mailbox installation
TO:
MAYOR AND CITY COUNCILMEMBERS
THOMAS L. BEDGES, CITY ADMINISTRATOR
FROM:
THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
TOM STRUVE, SUPT. OF STREETS, EQUIPMENT
DATE:
DECEMBER 7, 2006
SUBJECT:
MAIL BOX PROBLEMS RELATED TO CITY
WINTER MAINTENANCE PROGRAMS
EXECUTIVE SUMMARY
�(OP
111LlydINlINN1IOM
w
MO
Current Qty Standard Plate
•
For Mailbox installation
TO:
MAYOR AND CITY COUNCILMEMBERS
THOMAS L. BEDGES, CITY ADMINISTRATOR
FROM:
THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS
TOM STRUVE, SUPT. OF STREETS, EQUIPMENT
DATE:
DECEMBER 7, 2006
SUBJECT:
MAIL BOX PROBLEMS RELATED TO CITY
WINTER MAINTENANCE PROGRAMS
EXECUTIVE SUMMARY
Eagan's public works managers are struggling with how to deal with distressed or
out of specifications mailboxes damaged in the process of winter maintenance
operations. Following is a summary of proposed proactive changes in Current City
Policy.
1. Revise standard City Plate more clearly setting mailbox standards
2. Distribute information about the new policy for mailbox hits and inform
residents/owners of mailboxes that are at risk
3. Develop a program that would provide residents an opportunity to have
mailboxes in their residential neighborhoods refurbished contractually as a
part of the neighborhood overlay programs.
BACKGROUND
As our community matures, Eagan's winter maintenance operations are more and
more impacted by mailboxes that are aging and are/were installed improperly. At
the same time, customer service expectations have risen for our customers/citizens
to the point that referring to an obscure mailbox standard that is not readily
available to the public is no longer effective in dealing with the problem.
The community is blanketed with mailboxes of every different size/type. Many
individual homeowners take great pride in their personal amenities and mailboxes
that border Eagan streets in public boulevards. Some of these residents have very
expensive and unique mailboxes; others have marginally acceptable mailboxes in
very poor condition, and, still others have boxes that were installed by the
developers of their unique neighborhoods. In every case, if snow and ice control
equipment comes in contact with their mailboxes, they expect replacement or at
least repair.
Past Policy has been to inform residents who call to report damage of the US Post
Office specifications and the City Standard Plate requiring a minimum of 48" from
the front bottom comer of the mailbox to the valley of the curb and the need for the
front corner to be located behind the back of the curb. Residents are informed that
if their mailbox did not meet these specifications, no repairs or replacement will
occur. Very seldom is this acceptable as a solution to the problem. Residents
typically insist that repairs are made or replacement occurs.
IWO
Mother Community Mailbox
at Risk of Being Struck by Winter
Maintenance Equipment
(too low and forward of back of curb)
Example of Community Mailboxes
Where Paper Boxes Were
Struck by
Winter Maintenance Equipment
(too low and forward of back of curb)
R is important to note that it is very much the exception that City equipment •
comes into contact with mailboxes that are installed providing the
recommended 48" clear zone. Virtually all mailboxes damaged during plowing
operations are installed too low or forward of the back of the curb.
Mailbox Hits 2005-6 - Fifteen
2004-5 - Eighteen
2003-4 - Forty-two
1. NEWSTANDARD PLATE
An ideal mailbox design has been adopted/installed by the Manley Developers in
new developments adjacent to Dodd Rd. south of Cliff Road. We have
incorporated this design into a new, easy to understand, standard City Mailbox
Plate. (please see attached draft new standard City Plate for mailboxes)
2
a-7
Manleyth of n •
(Dodd Rd. south of gill Rd)
�.
tc
x1
k' z
e
City of Eagan winter maintenance operations require that
residential mailboxes provide a 48" CLEAR ZONE (see attachment)
between the bottom front corner of the mailbox structures/paper boxes
and the valley of the curb. Structures must also be located
behind the back of the concrete curbing.
YOUR MAILBOX at:
IS IN DANGER OF DAMAGE BECAUSE:
❑ Front bottom structures are too low (less than 48')
41PMailbox/paper boxes are` located forward of the back
of the curb.
❑ Is in need of refurbishing (aging/deteriorating post or
structure may not stand impact of snow from plow)
PLEASE make appropriate changes/repairs as needed.
The City of Eagan will not repair/replace your mailbox if damaged by
winter maintenance activities in its current condition
Questions? Please contact
Kurt Schlegel or Tom Struve, Streets Maintenance
651-675-5300
(Tear off here and mail to: Eagan Central Maint., 3501 Coachman Pt., Eagan MN 55122)
Or notify us via e-mail at: Tstruve .citvofeagan.com
(Please notify us when refurbishing/replacement occurs for a compliance inspection)
ADDRESS
• DAY TIME PHONE
.30
Mail Box Quotations
A. 4 x 6 inch Rough Sawn Cedar Vertical Posts
B. 2 x 6 inch Rough Sawn Cedar Horizontal Mounting Supports
C. Medium Sized Galvanized Steel Mailbox
(Typically Black -6.5" wide, 19.5" deep, 8.5" tall)
D. Minimum 24" deep install
E. Reflective 1.5" Minimum -Address Decals/Letters
E. Setbacks and Height as per City Specifications
US Post Cadwells. Inc. Manage IT. Inc
Single Box/One Post
$200
$180
$191.27
Two Boxes/One Post
$250
$220
$207.45
Three Boxes/Two Posts
$350
$320
$295.45
Four Boxes/Two Posts
$400
$420
$326.25
Five Boxes/Two Posts
$490
$342.45
Six Boxes/Two Posts
$540
Seven Boxes/Two Posts
$540
Eight Boxes/Two Posts
$540
U
Mother Community Mailbox
at Risk of Being Strudc by Winter
Maintenance Equipment .
(boo low and forward of back of aub)
2. CHANGES TO THE CURRENT POLICY FOR MAILBOX HITS -
(Informing Residents that Their Current Mailboxes are at Risk)
From: City of Eagan Snow and Iee Policy for City Streets (pls see attachment)
(Adopted by City Council on December 20, 1999)
IV. BOULEVARD CONSIDERATIONS
A. Sect. B. The City replaces mailboxes that are damaged, broken, or
knocked down only if there was a direct hit by a City plow or City
vehicle provided the mailbox was installed and maintained to City and
postal specifications. Those specifications require mailboxes be
located at least 48" above the street level with the forward bottom
comer located behind the back of the curb. Residenis/owners noti red
b the he City via U.S. Mail about mailboxes that do not meet
specifications are aMnsible to Mpair/maintain mailboxes in the event
of contact with City Snow and Ice Equipment.
City Maintenance Managers are
distribution of copies of the
new revised Standard Mailbox Plate along with specific information about
individual mailboxes that need re -furbishing to residents throughout the
community. Personnel will canvas sections of the City and notices will be mailed
to residents/owners providing information and support resources as necessary to
attempt to bring all community mailboxes to a standard that will prevent future
contact/damage. (please see attached draft flyers to be distributed)
*Support resources may include providing a list of City approved contractor(s)
who are trained to install mailboxes per City specifications.
New Manley Mailbox
Construction/Design
Providing 48" Gear Zone
For Winter Maintenance Operations
City representatives are preparing to provide the opportunity at the time of
Residential Neighborhood Meetings (prior to Public Hearings) for residents to
learn about the possibility of refurbishing entire neighborhoods with mailboxes per
City Standard in conjunction with our neighborhood refurbishment program
(overlays).
This 20 year time frame may be ideal for the life cycle of a typical mailbox.
Additionally, this pro -active initiative will fit well with already in place
refurbishing of signage, notification of sightline obstructions and removal of
boulevard amenities encroaching in rights of way currently being addressed at the
20 year overlay interval.
As always, we would welcome the opportunity to provide any additional
information that the City Council may need.
Respectfully,
Tom Colbert, Director of Public Works
Tom Struve, Superintendent of Street and Equipment
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