By: Diane Benjamin
The Special Use Permit for chicken keeping on Durham Dr was back on the Consent Agenda: https://d2kbkoa27fdvtw.cloudfront.net/cityblm/a66201e455c5f8574bd36e9daacfb3d60.pdf
Only one item was pulled from the Consent Agenda and this wasn’t it. When the vote was taken to approve the rest of the Consent Agenda, including the chickens, Donna Boelen and Sheila Montney voted NO.
In all the years I’ve watched Council meeting I’ve never seen a NO vote on the Consent Agenda. Items an alderman wants to discuss further or vote NO on are pulling and voted on separately.
So, the Consent Agenda passed 7-2. Before going on the Gleason’s raise which he got unanimously, Alderman Kent Lee wanted to pull the Chicken permit. Of course it had already been voted on.
Things got fun later in the meeting when one of Bloomington’s attorneys mentioned a motion could be made by someone who voted YES on the Consent Agenda to reconsider the permit. The vote was 5-4 to reconsider.
There was then a rehash of HOA covenants and the City’s responsibility to not approve the Chicken permit which violates their rules.
A second vote was 5-4 to approve the permit since it isn’t the City’s job to enforce area covenants. If you want to listen to Bloomington’s own version of “Who’s On First?” just hit Play below. This is the leadup to the second vote.
Two other notes:
The Housing Navigator Bloomington partially funded has been successful in finding housing for some people.
Mboka has received 9 applications for seats on the Molly Ward’s Safe Communities Commission, he wants more. I couldn’t find a link to apply. Send him an email and have some fun with leftists who think disarming law abiding citizens will solve the gun problem. If only Molly types are appointed this commission could suggest acting like New Mexico’s governor who is trying to ban legal carry for 30 days in violation of the Constitution. The fun never stops with progressives.
The City should be named in the likely (hopefully) forthcoming suit from the HOA.
They aren’t party to that contract, so it won’t happen
I live in this neighborhood and have served on the board in the past. I speak for myself, not another homeowner or as a board member when I say we wouldn’t have the time money or inclination to bring a lawsuit against a homeowner for this. I personally think the bigger issue is that the zoning board has “never turned down a special permit request for chickens” (About 4/year if they’ve approved 15 since 2019 as was stated).
Why is there ever a reason to bring it to the zoning board or to make it be “illegal” enough in the city to require a special permit? Let’s be honest, chickens ARE allowed in Bloomington, period, and HOA Rules have no meaning (Why are HOA rules registered with the county clerk? They have NO meaning!! Why discuss this at all or having a zoning board hear it if it is to be rubber stamped “approved” every time? Are city officials so wanting to count the minutes per year they “serve” the public that they wish to spend their free time on this busy work that has absolutely no real meaning?
Not an attorney – but have knowledge of HOA’s in the Bloomington/Normal market – – most have penalty clauses that allow the HOA to place liens on the property – which would be paid at the time the home is sold – -sorta like the cob weed liens & water liens.
Probably true, still doesn’t involve the city
This particular HOA is allowed to put a lien against a property for non payment of annual dues, but if a neighbor breaks a rule, any other resident is welcome to take them to court. Who would consider taking someone to court when both the zoning board and the city have given them permission to do as they wish, regardless of HOA rules? (It also shows disregard for city rules, which I believe say no to chickens, but which the zoning board appears to regularly rubber stamp a yes to a special permit, making a farce as well of city rules as well as of HOA rules.)