HomeMy WebLinkAbout12-05-12 Health & Public Safety and Zoning & Annexation HEALTH & PUBLIC SAFETY DECEMBER 5,2012
ZONING&ANNEXATION 5:00 P.M.
Health&Public Safety Committee Members Present:
Dr. Fred Ferlic, Henry Davis, Citizen Member Kyle Chamberlin
Zoning &Annexation Committee Members Present:
Oliver Davis, Dr. Fred Ferlic,
Other Council Members Present: Valerie Schey, Derek Dieter, Oliver Davis
Others Present: Christa Nayder, Scott Palmer, Brian Hoover, Karen Shulte-Coman,
Myles Robertson, Joe Coman, Maggie Coman, Rose Coman, Delia Wilson, Susan
Greutman, Henry Davis, Sr., John Brady, Kathy Cekanski-Farrand, Professor Hudak, Jill
St. John
Agenda: Bill No. 74-11 Amend Code Chapter 21 Urban Chickens
This is a join hearing of the Zoning&Annexation Committee and the Health &Public
Safety Committee to hear Bill No. 74-11 which would amend the City Code to allow
chickens in the city.
Councilmember Oliver Davis, Chair of the Zoning&Annexation Committee opened the
hearing by describing the parameters for discussion. First a brief report from the Area
Plan Commission, next the formal presentation followed by speakers for and against each
given three minutes to voice support or opposition. Council comments or questions
would follow.
Oliver called upon Christa Nayder for the APC report. She explained while the APC
recommended favorably, they qualified the opinion. The APC felt that while the form
and process of the petition were properly constructed they as a plan commission chose
not to weigh-in on the appropriateness of the policy. Christa reported that 9 people spoke
in favor of the bill while only one spoke in opposition. Oliver asked if surrounding towns
dealt with the issue. Christa said there were no communities in the area with ordinances
allowing"urban chickens."
Oliver then asked Henry Davis to prelude the formal presentation. Henry said the effort
to allow chickens in the City under the strictures of 74-11 was a long over 2 year process.
He said this bill represented a progressive idea already practiced in other places around
the country. It was promoted by the fact that without neighborhood grocery stores,
access to good healthy food was in short supply.
Oliver next called for those in support of the bill to come forward and speak.
Scott Palmer led a group of ten advocates. He related a story of an upscale Indianapolis
neighborhood that had gone from opposition to support for the chickens citing sustainable
living rationales. Scott also described"Naptown Co-Op"fostered in 17 Indianapolis
schools. He said the City of Cleveland which recently passed a measure like Bill No. 74-
11 now had 40 permits.
Susan Gruetman spoke to allay nuisance concerns by pointing to set-backs, cleaning
requirements and limits of 6 chickens in the bill.
Brian Hoover tried to alleviate health concerns by citing a report form the Center for
Disease Control (CDC) which said chicken coops pose no greater disease threat than
found keeping other pets.
Karen Coman described the educational focus of the South Bend Urban Chicken Alliance
which was formed to help the city administer the bill. She said the City of Bloomington,
Indiana has had a similar bill since 2005.
Miles Robertson spoke to social & environmental issues focusing on animal welfare. He
described the positive economic social and environmental benefits of the practice.
Delia Wilson, Joe, Rose and Maggie Coman all cited healthy food benefits.
Three people spoke in opposition John Brady, a realtor, said there would be a negative
influence on the value of adjacent properties. He suggested raising chickens on public
property. He also said Fort Wayne had rejected the idea due to concerns of water runoff.
Professor Hudak cited concerns including noise, smells, and disease.
Jill St. John expressed the same concerns wondering if the bill opened the door to keep
other animals like ducks or goats.
Oliver allowed advocates a rebuttal.
Susan Gruetman and Scott Palmer both considered disease concerns unfounded.
Turning to Council comments Oliver Davis and Tim Scott asked Cathy Toppel, head of
NCE,her opinion. She said the Urban Chicken Alliance was very cooperative that the
enforcement would be complaint based and that a"neighbor waiver"provision would be
too cumbersome. Tim Scott said Gavin Ferlic's support was dependent on some type of
"neighbor waiver" system. Derek Dieter who expressed support for the bill said a waiver
system was unnecessarily complicating. Henry Davis a strong supporter of the bill,
wanted the bill to pass without creating delays prompted by endless "what ifs." Oliver
Davis suggested consideration of only certain areas where chickens would be allowed.
Kathy Cekanski-Farrand said she and City Attorney Aladean DeRose agreed more legal
research was needed especially regarding waivers, enforcement, and liability. She said
the Council needed to take action by January 17, 2013.
With that Dr. Fred Ferlic motion to continue until January 14, 2013. Tim Scott seconded
and all concurred.
There being no other business to come before the committee at this time, Chairperson Dr.
Fred Ferlic adjourned the meeting at 6:09 p.m.
Respectfully Submitted,
Dr. Fred Ferlic, Chai .erson
Health&Publi afety ommittee
Oliver P avis, ai erson
Zonink&An - 'ation Committee