McHenry Times

City of Harvard Administration Committee met Oct. 11.

Here are the minutes provided by the committee:

Chairperson Lisa Haderlein called the meeting to order at 6:30 pm. Committee members present: Chairperson Lisa Haderlein, Alderman Dan Carncross, Alderman Charlie Gorman and Alderman Matt Perkins. Also present were Mayor Mike Kelly, Alderman Jay Schulz, City Administrator Lou Leone, Finance Director Deb Bejot, Community Development Director Donovan Day, Code Enforcement Officer Anne Nutley, City Attorney TJ Clifton and members of the public.

Public Comment 

Chairwoman Haderlein opened the floor to public comment for any item not on the agenda. There were none.

Proposed Budget Amendments 

a) Finance Director Bejot reviewed the proposed budget amendment with regard to the Police Pension Fund. The budget transfer was previously approved, but when Deb went to post the transfer, she realized that when she did the budget this past year, she created a new account for the pension fund to separate it from everything else. The correction is that the budget amendment will be made in the Pension Fund Transfer Account and not the General Fund Transfer Account. A motion was made by Alderman Gorman, seconded by Alderman Carncross to recommend to the City Council to approve the proposed budget amendment as presented. All ayes. Motion carried.

b) Finance Director Bejot reviewed the proposed budget amendment with regard to the reallocation of funds from the Route 14 Sidewalks to Engineering Services for the Post Office Sidewalk Project which has been approved by the Transportation Committee and City Council. A motion was made by Alderman Carncross, seconded by Alderman Perkins to recommend to the City Council approval of the proposed budget amendment as presented. All ayes. Motion carried.

Tax Levy 

Discussion on the Tax Levy was deferred to the next Administration Committee Meeting pending receipt of final numbers from the county. The next Administration Committee Meeting was scheduled for Monday, November 20, 2023, at 7:00 pm. The new employee personnel manual will also be on the agenda.

Proposed Ordinance Amending Section 27.04E.2& 3, Sound Permit 

The Committee reviewed the draft ordinance Amending Section 27.04E2&3, Sound Permit, that incorporates the Committee’s recommended changes. A motion was made by Alderman Gorman, seconded by Alderman Perkins to approve the proposed ordinance as presented. All ayes. Motion carried.

Proposed Ordinance Establishing Regulations for Backyard Chickens 

Community Development Director Donovan Day reviewed the revisions to the regulations governing backyard chickens as discussed at the last Committee Meeting and outlined in his memo. The Committee recommended putting the fines in a separate section (Chapter 1).

Attorney Clifton clarified that procedurally, the ordinance is not being recommended for approval or denial at this meeting. The Administration Committee is merely considering whether or not the issue should be sent to the City Council to make a determination whether or not they would like to propose a zoning text amendment regarding the allowance of chickens in backyards that would go before the Planning and Zoning Commission for a public hearing. The Planning and Zoning Commission would ultimately make a recommendation either in favor of or against the zoning text amendment. The City Council would make a final determination.

City Administrator Leone noted for the record that one of the petitions that has been circulating has been submitted; each member of the Committee has received a copy.

Additional discussion ensued:

• Alderwoman Haderlein suggested reducing the initial $300 fee if persons wishing to keep chickens took some type of a beginners educational class. She also commented she is sensitive to the enforcement issue and suggested initially proposing narrower zoning districts, A and R1, which tend to be larger lots and on the periphery. If ultimately recommended, this would provide opportunity that would demonstrate that the City can manage it.

• Alderman Gorman felt that all the areas of concern from the last meeting had been addressed. 

• Alderman Carncross shared constituent’s’ concerns with regard to property values and expressed concern with available staff resource time for enforcement. He also passed on information from individuals who raise chickens outside of city limits noting issues with rat control.

Audience Participation

• Sarah Berg, 608 Old Orchard Rd., related that through a FOIA request, she received information on 12 complaints regarding chickens in the last 3½ years, of which only one is in compliance. She inquired how this situation would be addressed and corrected. Director Day outlined procedure with respect to citations and related that if chickens aren’t seen in the follow up, the complaint is closed. Also, in the 9 months prior to his coming to work for the City, Anne was running the department by herself. Code enforcement is one of the department’s biggest priorities to get caught up on; the department will follow up on the mentioned complaints to ensure compliance.

• Jay Wolf, 800 Lincoln St., inquired how code enforcement would respond if he were to move forward with a chicken coop and during the course of the initial investigation, it was apparent that the adjoining neighbor was in non-compliance. Mayor Kelly responded that if during the course of an investigation, the code enforcement officer sees other non-compliance issues, they are obligated to follow up.

• Nissi Rockcastle, 202 N. Jefferson St., suggested hiring someone for code enforcement using tax dollars and the initial fee. She didn’t think a lot of people would apply for the permit due to the cost and hard work involved. The individuals who want chickens are doing so with good intentions and would be in compliance.

• Dave Helmeid, 308 N. Jefferson St., expressed disappointment that the focusis on a myriad of hypothetical negative situations and an overemphasis on enforcement which suggests there is going to be a greater issue than is fair to assess. He commented that issues with rats could be controlled by keeping food in a bin.

• Jessica Helmeid, 308 N. Jefferson St., inquired where to submit her petition and was directed to submit the petition to City Clerk Lori Moller. Additional signatures can be submitted upon receipt. All petitions submitted will be provided to the City Council at their meeting on October 24th and ultimately to the Planning & Zoning Commission if the issue moves forward.

City Administrator Leone emphasized that the City Council has to be mindful to everybody and play out every possible scenario. With regard to property values, chickens would probably have a lower effect on property value than certain other factors. Lou further commented that with more development, more tax dollars are available. There will be forthcoming discussions on potentially adding an additional staff person in the Community Development Department to assist in inspections and code enforcement.

At Alderman Perkin’s inquiry with regard to Sarah Berg’s email on the legality of the zoning, Attorney Clifton indicated that the draft ordinance is structured as an accessory use, and in counsel’s opinion, is legally appropriate. Alderman Perkins also inquired if counsel or his colleagues have had residents come after a municipality relative to a negative effect on property values for either chickens or adjoining abandoned properties. Attorney Clifton was not aware of any such conversations.

Attorney Clifton reiterated procedure before the Committee is to consider whether or not this issue should be sent to the City Council to make a decision whether or not to propose a zoning text amendment that would go before the Planning and Zoning Commission for a public hearing regarding the allowance of backyard chickens. At Alderwoman Haderlein’s inquiry, Attorney Clifton noted that while the Committee is recommending certain language, there are at least three opportunities where the language may be tweaked. A motion was made by Alderman Gorman, seconded by Alderman Perkins to send the issue to the City Council to make a determination. All ayes. Motion carried.

New Business 

City Administrator Leone mentioned that the new County Emergency Management Plan will also be on the November Administration Committee Meeting agenda for review and recommendation.

A motion was made by Alderman Gorman, seconded by Alderman Carncross to adjourn the meeting. All ayes. Motion carried.

Meeting adjourned at 7:50 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/administration_committee/meeting/14826/minutesadministration2023-10-11.pdf