09-04-12 Minutes - Laserfiche WebLink

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• Jody Wittnegel, 10320 W. County Road K, Beloit, said that she will not raise chickens herself but that she supports the people who want to raise them. She encouraged the Council to vote for the ordinance. • Lauren Stephens, 206 Carpenter Street, Beloit, spoke in favor of the ordinance. She said that Beloit should look to the Town of Beloit for an example of a good ordinance. • Mike Zoril, 1756 Carlyle Road, spoke in favor of the ordinance. He requested that certain language in the ordinance be struck to protect Fourth Amendment rights. • Jim Faragher, 2796 E. Ridge Road, spoke in opposition to the ordinance on behalf of the Plan Commission. He said that the Plan Commission seriously discussed the issue with staff and citizens at their public meeting and that staff demonstrated that this ordinance is not in the best interest of the City in the long run. He encouraged the Council to consider the Plan Commission's recommendation and vote against the ordinance. President Haynes closed the public hearing. Councilor Spreitzer made a motion to lay the ordinance over to the next meeting for a second reading. Councilor Luebke seconded. Councilor Leavy thanked the Beloit Backyard Chickens group for their hard work in presenting their support for this ordinance, and he thanked staff for their hard work in putting together a solid recommendation. He reminded the audience that it is the job of staff to look out for the best interest of the City and that staff should not be attacked for doing their jobs. He expressed concern that volunteers would not come through when needed, and he said that it is not the chicken advocates he worries about when considering the ordinance. Councilor De Forest indicated that she would like to protect landlords and made a motion to amend the ordinance to include the notarized signature of the landlord in cases when a tenant applies for a residential chicken permit. Councilor Spreitzer seconded the motion. Councilor Leavy pointed out that the issue the landlords have with this ordinance is the clean-up that may be associated with chickens if a tenant leaves, not with the falsification of the signature. Councilor Luebke said that the landlord should have to approve a permit application for their property and supports the amendment. The motion to amend the ordinance to require a notarized signature of the property owner carried 7-0. Councilor Spreitzer said that he does not think that chickens will create a nuisance and that he has heard from residents on both sides of the issue, but is more in favor of the ordinance than against it. He said that Beloit has committed volunteers who will assist in the process and that the City should empower them. He said that he understands the concerns of staff but will vote to move the ordinance forward. Councilor Van De Bogart said that he has concerns about the financial implications of this ordinance. He said that the City does not have animal control officers or additional code enforcement officers and questioned whether this would be a good use of the City's police department. He said that he is not concerned with the good people who brought this ordinance forward, but with those who will not follow the rules. He said that without consent of neighbors required or a sunset provision on the ordinance, he will not support it. Councilor Luebke said that he respects the Plan Commission and staff, but that the negatives to this ordinance are based on violations and he feels that the majority of the people who obtain permits will follow the rules. He said that he supports the ordinance to allow people the opportunity to keep chickens. Councilor Kincaid said that he understands the complexity of this issue and that he supports the ordinance because it is an example of democracy in action. Councilor Haynes said that there are significant challenges that the City will face if this ordinance is enacted, but he thinks that the residents who support the ordinance would be great chicken-keepers. He also said that staff was professional throughout this process. Councilor De Forest said that she is proud to be a council member for an eco-municipality and enacting this ordinance will prove that commitment to the environment. Councilor Spreitzer made a motion to amend Section 7 to make the ordinance enforceable and take effect on starting on January 1, 2013. Councilor De Forest seconded, and the motion carried 7-0. Councilor Van De Bogart made a motion to amend the ordinance to allow only 30 permits to be issued in the first year on a first come, first served basis starting on the first day of business in 2013, and Councilor De Forest seconded. The motion carried 7-0.