Kill Floor Or No Kill Floor: The Ongoing Debate In Town

"Kill or no kill" has been the topic of debate around town. We at SWMT News received approximately 20 calls the day before a city council meeting, inquiring about the kill plant. At that time, all we knew were rumors. During the city council meeting, Council President Russ Schwandt asked the mayor and the director of operations whether Beaverhead Meats had applied for a building permit or a change of use permit. Both the director of operations and the mayor confirmed that no permits had been applied for.

After the news spread, neighbors next to Beaverhead Meats—who own both houses and stores—began demanding answers. Meetings were held, and petitions started. I hesitated to write anything initially because I wanted to see the entire plan and understand what was being proposed.

I will write this article based on what I learned about the history of kill floors, when the issue was first introduced to the city, and the events I pieced together through research, what measures were taken, and how this issue is now becoming part of city discussions.

Historical Context

In July 2010, the Board of Adjustments held a meeting where an appeal request by Mike McGinley and Rick Smith was on the agenda. This appeal concerned the denial of a zoning compliance certificate that would allow them to keep livestock within city limits. The request was heavily opposed by residents and local business owners.

Mr. McGinley stated he had been killing hogs for 15 years without causing disruptions or problems in the neighborhood. He wanted to slaughter local beef and supply it to nearby restaurants. He also argued that the board should focus on the animals’ wellbeing.

The appeal was denied, mainly because keeping livestock within the area was prohibited by zoning laws. A letter from the city attorney, Duke Gilbert, explained that bringing livestock into a pen for slaughter constitutes keeping animals in the highway business district (H zone), which is prohibited under section 17.52.030, DMC.

Mr. McGinley argued that the holding pen would be temporary, constructed with chutes and alleys to direct animals onto the kill floor—a setup similar to veterinary clinics, which are permitted in the city. He claimed the animals would only be there temporarily.

The city noted that McGinley planned to hold the cattle for up to 48 hours, which they considered to be keeping animals.

Further Attempts and Restrictions

In September 2010, McGinley appealed again, providing reasons for why they should be allowed. The city issued a public notice inviting comments. Many opponents reiterated their objections to the kill floor. McGinley claimed the animals would only be held for a few hours, not more, and would be immediately sent to the kill floor. He pointed out that the H zone permits veterinary hospitals, fairgrounds, and temporary uses like carnivals.

He also stated he had been slaughtering animals at Beaverhead Meats for the past fifteen years, including recent activities involving 4-H pigs. The night before a sale, he would bring pigs from the fairgrounds to Beaverhead Meats for slaughter.

Again, the variance was denied.

Strengthening Zoning Laws

Following the denial, the city council and zoning authorities worked to tighten regulations, including making it illegal to kill animals for food processing. The ordinance states: “No food processing or manufacturing involving food products shall involve keeping, housing, feeding, storing, or killing animals or poultry.”

McGinley asserts that he is grandfathered in because he has been doing this since Beaverhead Meats was established and that he doesn't need a change of use permit because he’s only modifying the interior of the building. He claims the city director of operations told him he doesn't need one since it’s inside the building.

Currently, Beaverhead Meats holds a custom exempt license from the state and a retail license through the county, allowing them to sell non-FDA-inspected meat. They want to install the kill floor and upgrade the building to meet FDA inspection standards.

When I spoke to Nick Wormgoor about licensing, he explained that they can slaughter animals in the field or off-site from their processing location but cannot slaughter or stun animals on-site. He was unaware that Beaverhead Meats was doing so at their facility.

Issues and Concerns

Within a week of researching, I identified several problems with how this situation has unfolded:

1. Misrepresentation of permits: McGinley claimed he was told by the director of operations that no change of use permit was needed, but many businesses must file such permits even for interior modifications.

2. Grandfather clause ambiguities: Their claim of grandfathering due to past activities is questionable. Adding coolers, pens, and the killing of animals on site when the license they have does not allow this.

Many of the people in attendance are pro-business and they are even customers of Beaverhead Meats. But they have concerns of the smell, sound, and other problems a kill floor will bring to their neighborhood. As this develops, we will do our best to keep our readers updated on the subject

Owner of Beaverhead Meats Mike McGinley explains to the crowd how they kill animals now and what will take place after the kill floor is finished

Owner of Beaverhead Meats Mike McGinley explains the layout of the kill floor and what will be installed.