Grundy Reporter

Village of Channahon Committee of the Whole met Oct. 16.

Here is the minutes provided by the Committee:

Village President Missey Moorman Schumacher called the meeting to order at 6:00 p.m. with Trustees Greco, Host, McMillin, Perinar, Scaggs and Slocum present.

Also present were Village Administrator Thomas Durkin, Director of Community Development and Information Systems Mike Petrick, Finance Director Heather Wagonblott, Director of Public Works Ed Dolezal, Chief of Police Jeff Wold, Village Attorney Jean Kenol and Village Clerk Kristin Hall.

VP Moorman Schumacher informed everyone present that anyone who speaks at the meeting shall be deemed to have given his/her consent to the recording of their likeness and speech. This meeting is being recorded.

ADMINISTRATION DEPARTMENT

Amendment to Chapter 156 Zoning Regulations, regarding the Keeping of “Backyard Chickens” 

Village Administrator Tom Durkin stated on October 2, 2017 the Village Board voted 4-2 in the affirmative to consider an ordinance that would amend the municipal code to allow for the keeping of chickens in residentially zoned areas. He further stated the ordinance was originally presented to the plan commission at the public hearing held on September 11, 2017, at which point the plan commission voted to not amend the code. The only items added to the ordinance that was presented to the plan commission are dates regarding the application process and a date regarding a report that will be provided to the Village Board at a later date. There are a number of items that this ordinance includes and establishes definitions associated with the ordinance. It amends the R-1 and R-2 single-family residential districts to allow for the keeping of chickens as a permitted use, subject to a variety of conditions. It also amends the A-2 rural residence district to clarify the keeping of various animals and increases the number of animals allowed from 4 to 8, exclusive of domesticated cats and dogs, with a maximum of 4 of those animals being chickens. It establishes a licensing process, permit requirements, provides for suspension and revocation of licenses, as well as hearing provisions. This ordinance also establishes a one-year pilot program anticipating that the program will begin with the issuance of 8 licenses. The ordinance stipulates that applications will begin to be accepted on December 1, 2017 and will continue through January 31, 2018 and stipulates that prior to March 1, 2019, the Village Administrator will submit a report to the Village President and Board of Trustees advising them of the experience with the program and recommendation to whether or not the ordinance should be made permanent. He asked if anyone had any questions.

Trustee Host stated that she like the one-year pilot program idea but she believes it’s going to take time to erect the proper coop in terms of the time when they apply. She suggested an 18- month program.

Durkin stated the length of a pilot program is up to the Village Board. He stated that is why they had the application process go through the end of January 2018. He knows that’s winter time and people may not be constructing during the winter. He stated that is why the March 1, 2019 was selected as the date the administrator’s report was due, which would be enough time to evaluate the program.

Trustee Slocum asked if it was going to be a first come, first serve situation for the 8 applications.

Durkin replied the way the ordinance is written now, 8 licenses would be issued. He also stated that if there were more than 8 applicants, the remaining applicants would be placed on a waiting list.

Trustee Slocum stated that if the time were increased to 18 months that would be a 50% increase in the duration of the program.

VP Moorman Schumacher stated if someone were to get baby chicks on March 1, 2018 they would be half way through that period when the chicks start laying eggs.

Trustee McMillin stated since it’s a pilot program why don’t we let the first 8 applicants respond back to the Village how long it takes to build a coop.

Durkin clarified that the reasoning behind the March 1, 2019 was the reporting date. He stated that the theory is applicants would have until March 1, 2018 to be approved and erect a coop before the one-year period begins.

VP Moorman Schumacher stated regarding a report on March 1, 2019 doesn’t necessarily mean the program is going away. She further stated there would be no reason not to have a report after a year. She asked if there was anyone in the audience that would like to speak in regard to backyard chickens.

Laurie Pillon, resident of Channahon, stated she was concerned because she has two hunting dogs and her yard on Hummingbird Drives backs up to 7 different properties. If her neighbors get chickens and they end up in her yard, she has hunting dogs and asserted that’s what they are trained for. She stated now there’s a dead chicken. She feels this ordinance is going to cause animosity between neighbors that is not present now. She understands that people want pets but she feels that they need to live in the area where they are allowed. She stated that when she bought her house 2 years ago, she looked for property that had a fenced in yard, since she had a dog. She stated that she would also like a horse and has an extra garage she could turn into a stable, but understands that this is not allowed. She doesn’t want the animosity among neighbors. Her feeling is that this would cause animosity. She further stated that if a property is zoned for the animals, the owners could have the animals. If it’s not zoned for the animals then she feels there is not a reason to have it. She stated that there have been past issues similar to this when a resident wanted to keep a pet goat. The residents on Highland Drive who kept ducks were told they could not keep the ducks. She feels it’s unfortunate that people want different types of animals but she thinks they should live in an area where animals are permitted. She stated she shouldn’t have to corral her dogs because people want chickens in R-1. She urged the Village Board to think about that.

VP Moorman Schumacher stated that was her original question how do we accommodate the people that bought their homes with a reasonable understanding that there was not livestock next door. She stated that’s the reason for her personal feelings regarding the issue.

Trustee Host stated that the Village Board hasn’t really heard from the people opposing the issue. She stated that Ms. Pillon was one of the first to come before the Village Board and say those words. She also stated there was one other gentlemen who spoke in opposition. She affirmed that the ordinance has preventative conditions to lessen the likelihood that a chicken could escape. She asked if Ms. Pillon had reviewed the proposed ordinance.

Ms. Pillon stated she feels chickens shouldn’t be allowed. She understands everybody wants rules changed. She thinks that if you let everyone have what they what you’ll never have a governing body. She stated they should move where you can have them or unfortunately you can’t have them. She stated she has a detached garage on her property and that she has room for a horse stable. Can she put a horse stable back there, absolutely not. She would absolutely want a horse but she can’t and she wouldn’t come to the Village Board and ask them to change it for her. She stated that she lives at the end of Egret, right in the middle of the neighborhood and she has 7 different neighbors and she gets along with all of them. She stated that if there are no neighbors around the people that want to have chickens then you won’t have the problem. She stated that every animal gets out, a dog gets loose what makes you think a chicken is not going to. She thanked the Village President and Village Board for listening.

Jim Ventsias, resident of Channahon, asked Trustee Scaggs and Trustee Slocum explain how they will regulate and stop 5,000 homes from having chickens if this is passed.

Trustee Slocum stated that he voted against it. He further stated that the ordinance only allows for 8 initial licenses.

Mr. Ventsias stated the Trustee Slocum was in charge of Code Enforcement. He asked Trustee Slocum how he was going to stop them.

Trustee Slocum responded the Village has a code enforcement officer for that.

Mr. Ventsias stated the code enforcement officer can’t keep up with the illegal sheds that are being put up in town. The Village can’t even collect money and make sure the sheds are properly installed. He asked how the Village was going to control 5,000 homes and make sure they don’t all have chickens.

Trustee Slocum affirmed that was the code enforcement officer’s job. He stated that he makes his rounds and he’s sure that if there is a chicken coop up next to someone’s house, that wasn’t there a week ago, he’s sure that we will get a call from that person. He further stated that they have to come and apply for a permit. He’s confident that Village can do their job.

Mr. Ventsias stated that if he were confident in the Village, he wouldn’t be here. The Village cannot even regulate sheds let alone building permits. People are very worried that the Village will approve this and then let it go.

Trustee Slocum stated that is not going to happen, there is a pilot program proposed in this ordinance. He also stated that he voted against it.

Mr. Ventsias stated that he doesn’t believe it and a lot of the people don’t. He stated that we pay high taxes in this town not to live next to a guy that wants to raise chickens and have a noisy mess. If the Village was so hopped up on doing this he suggested we follow Will County rules, which state you have to have 12,500 square feet of property before you could even have chickens. He feels that would alleviate a lot of these small lots in town from being able to have chickens. He also feels it would make it more manageable for the code enforcement officer.

Trustee Scaggs asked any subdivision that have covenants that don’t allow this, aren’t going to be allowed to have coops.

Durkin stated the Village doesn’t enforce the covenants within a subdivision, however, it does reference in the ordinance that an applicant have to prove there are no covenants that would prohibit something like this. He stated that not all residential neighborhoods have covenants.

Director of Community Development and Information Systems Mike Petrick stated there may be occasion where the covenants have expired and weren’t renewed.

Trustee Host stated in reading the way the ordinance is written a small lot size would have a difficult time meeting the restrictions of the ordinance.

Mr. Ventsias stated he doesn’t think people will be asking the Village for permission.

Trustee Host stated that it would be happen now, before the ordinance. She stated that if it does happen, the Village would fine them. She stated that she wasn’t aware of any shed concerns, but now that it has been brought forth to the Code Enforcement Officer and she hopes to address that issue too.

VP Moorman Schumacher stated with all enforcement issues, there is only so much the Village can do. She stated the Village spent two years in litigation to get a house demolished because the owner ignored all of the correspondence. The Village had to go get a court order to get that house demolished. She affirmed that the Village does have rules in place to govern these types of things.

Mr. Ventsias stated that was two years of our tax dollars so why bring out another thing that could possibly bring more litigation and troubles.

VP Moorman Schumacher stated that she voted no as well. Mr. Ventsias stated that he knows how the Village Board voted on the issue. He stated that people will not listen to the regulations and permits. He believes they will be raising chickens in plastic swimming pools. He also feels that one code enforcement officer cannot cover 5,000 homes, no matter how hard he works.

Durkin clarified the ordinance as it is drafted now, establishes a pilot program for up to 8 licenses. He further stated that after the pilot program has ended and if the Village Board wishes to continue, then it would be permitted use in the R-1 and R-2 zoning district and anybody could then apply for a license regarding this. He stated that the 8 licenses are only for the pilot program and he wants to make sure that everyone understands that.

Trustee Slocum suggested that a cap on the number of licenses issued each year could be placed in the ordinance.

Trustee Host suggested that the applicants post a bond at the time of application. She understands that Mr. Ventsias fears are not with those people that will follow the rules but if they had to post a bond at the same time as application, for example a $100 bond, that could be applied to any fines if they are found guilty.

Trustee Host stated she knows that it doesn’t ultimately address the real problem of enforcement but would maybe prohibit them.

Durkin stated you face that with any type of code or permit.

Attorney Kenol agreed and further stated they could be violating it right now.

Craig Parshall, resident of Channahon, stated that the Village Board was familiar with his wife, Jennifer Parshall, she was the one that got the discussion started over a year ago. He wanted to have one voice to counter balance everything else that has been heard. He knows this is very emotional issue for people on both sides. He stated the reason it was brought to the Village Board was because they didn’t want to go out and break the rules that are already in place. Their intentions were to set up a system that provides for accountability, respect for neighbors and be responsible to the chickens. He understands that people want chickens or don’t want chickens next door for whatever reason and he appreciates the discussion that is going on this evening. He stated that a lot of the things he wanted to say have already been addressed. He stated that they wanted to do this properly, through the appropriate channels and show that they wanted to be responsible and respectful to everyone in town. He stated that his wife would be here but she is not available tonight. She is looking forward to hearing what the Village Board has to say.

Lori Ventsias, resident of Channahon, stated this is the third meeting she has been to regarding this issue. She stated she was at the original zoning meeting and she stated there were a lot of issues brought up there about the proper ways of having these coops like sheds, do they need to have the same ordinances and I think that they decided it would probably be a good idea. She stated that these people should go through the proper channels and not only that it’s the humane thing for these animals. She experienced, one of her neighbors that did do that and knew that he was wrong. He grew his garden around the chicken coop so that no one could see it. She stated they did start out as little chicks, but by the time June/July came around all the neighbors could hear them. She did say something and it got taken care of. She mentioned that she has driven down towards the Township Assessor’s Office and has taken Front Street home so she can enjoy the wildlife there, and she has seen chickens running around in someone’s front yard. She stated that she knows it needs to be predator proof and that restrictions are put in place to prevent them from just running in the front yard but she’s seen it. She states that it is already going on. She stated that you will have people that will go through the proper channels and do care about the chickens but for every 3 or 4 that you have there will be 1 or 2 that doesn’t follow the rules and that is where the animosity between the neighbors and the government comes into play. She feels there is such a small group of people that want to do this and only so many licenses are going to be given out why don’t you put a question on the ballot.

Trustee Perinar stated she knew that a referendum was brought up at zoning meeting she asked what the response was.

Trustee Host stated she wasn’t sure but she knows it’s not very cost effective.

VP Moorman Schumacher stated that she respected Mr. and Mrs. Parshall for going through the proper channels but she questions where the line is drawn between residential property and a farm property. She doesn’t know how many things you can add to a residential property before it becomes something else.

Mr. Parshall stated that all he can imagine saying to that is if somebody wants a horse in their backyard and they can find comparable ordinance from surrounding communities that allow horses in their backyards then it would at least be open to consideration. He stated that they have found other ordinances from surrounding towns that allow chickens under regulations and that’s all they are asking. He understands that the Village Board is thinking about everyone who doesn’t want chickens but if there is 8 households in town that could have chickens. He stated that he is not asking for something that hasn’t been done in other places and could work here. If it’s just a pilot program for 12-18 months and things don’t work and you want to end it he would be perfectly fine with that.

Mrs. Pillon stated that Mr. Parshall was referring that other towns have done this. She feels that Channahon should be a leader, not a follower. She feels that just because everyone else does it, doesn’t mean Channahon should.

Mr. Ventsias stated that it bothers him that we are not at least following Will County’s stipulation of 12.500 square feet minimum. He cannot understand why we would consider going below their minimum code. He also asked if the Village Board had consulted the Village Attorney about potential lawsuits regarding change the zoning.

VP Moorman Schumacher stated the ordinance is not changing anyone’s zoning, it’s revising what is allowed in R-1 and R-2.

Trustee Host stated that the Village Board has done their due diligence. She stated there were concerns about property value and that was addressed, Trustee Perinar brought that up at our last meeting. She stated the research out there isn’t supportive just yet.

Mr. Ventsias stated that when he moved here he wouldn’t have bought his home if his next-door neighbor had chickens.

VP Moorman Schumacher stated in terms of the 12,500 square feet restriction that Will County has, that is certainly something the Village Board can choose to add, however, that is approximately 1/3 of an acre and with the restrictions and setbacks someone below that probably wouldn’t be able to construct a chicken coop.

COMMUNITY DEVELOPMENT & INFORMATION SYSTEMS Petrick stated he had no formal items.

FINANCE DEPARTMENT Finance Director Heather Wagonblott stated she had no formal items.

POLICE DEPARTMENT Chief of Police Jeff Wold stated he had no formal items.

PUBLIC WORKS DEPARTMENT

A Resolution to Enter into an Agreement with MPLD Crossroads 55 I, LLC regarding Permittee on IDOT Utility Permit Application Director of Public Works Ed Dolezal stated in this particular case there is some infrastructure, specifically water main being installed to service the properties East of I-55. He also stated that part of the installation is the I-55 right-of-way. He stated that IDOT prefers to have the Village be the permittee. He also stated the Village has done this numerous times with IDOT, all being successful.

Crossroads 55 (VentureOne) Development – Contract with Midwest Testing Services for Professional Material Testing Services Dolezal stated that same development is widening the East Frontage Road adjacent to the property of the first building. He stated this is a material testing contract with our usual firm to provide inspections and in this case the developer reimburses the costs.

• 2017 Road Maintenance Project #2

• 2017 Road Maintenance Material Testing Project #2 Dolezal stated the Village awarded a contract at the last meeting. At that time he wanted to come back to the Village Board if he could find a section of road that could be fixed within the overage from the budgeted amount. He stated a piece of Old Kerry Grove was added. Midwest Testing Services will be performing the testing for that additional work.

COMMUNICATIONS Durkin stated Channahon was one of 34 communities that were approved on October 11, 2017 for a Chicago Metropolitan Agency for Planning grant for an update of our comprehensive plan. He stated that 3 communities in Will County received approval. He is very excited about this and said the Village should be hearing more soon. He stated that the Comprehensive Plan update would approximately be an 18-month project. He stated that the Village could possibly select a consultant or that staff assistance could be included. He stated that the dollar amount would be about $150,000 and that the Village’s contribution is 15% of that amount.

PUBLIC COMMENT

EXECUTIVE SESSION

The Committee of the Whole was adjourned at 6:40 p.m.

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