City of Batavia Committee of the Whole met May 31.
Here are the minutes provided by the committee:
Chair Wolff called the meeting to order at 7:00pm.
1. Roll Call
Members Present: Chair Wolff; Ald. Miller, Russotto, Beck (remote), Chanzit (remote), Solfa, Baerren, Leman, Ajazi (remote), Cerone (remote), and Vogelsinger
Members Absent: Ald. Connelly, Uher, and Malay
Also Present: Mayor Schielke; Laura Newman, City Administrator; Edward Boula, Legal Counsel; Gary Holm, Director of Public Works; Scott Buening, Director of Community and Economic Development (remote); Andrea Podraza, Senior Civil Engineer; Lori Botterman, Communication Manager (remote); Jeff Albertson, Building Commissioner (remote); Drew Rackow, Planner (remote); Rahat Bari, City Engineer (remote); and Jennifer Austin-Smith, Recording Secretary (remote)
2. Reminder: Please speak into the microphone for BATV recording
3. Items to be Removed/Added or Changed
None.
4. Matters from the Public (For Items NOT on Agenda)
None.
5. Discussion: 300 Deerpath Road Uses
Buening stated that this was discussed at the last Committee meeting and staff has provided property owner and the Council a copy of the minutes as well as the video from the September 2019 meeting and a copy of the annexation agreement that relates to the property in question. Buening stated that outside of the scope of an annexation agreement there is no way to guarantee something for a future City Council whether something is or is not allowed. Buening stated that because of the size of this property, agricultural uses are allowed under the current Zoning Code. The only thing that is not covered is the burning issue and that is more of a Municipal Code issue than a Zoning Code. Buening offered to talk to the potential buyer or the buyer’s attorney to address any concerns they may have.
Wayne Schuka, 300 Deerpath Road, addressed the Committee of the Whole (COW). Mr. Schulka stated that the potential buyer is looking for having the same conditions that we currently have assured. Their point is if it is not in the annexation agreement than it does not exist. Chair Wolff stated that there is not much more we could do at this point. Annexation Agreements cannot be written beyond twenty years. Mr. Shuka stated that this is not the end of the discussion and he would be contacting legal representation. Attorney Edward Boula stated that he would share his email with Mr. Shuka to share with his attorney.
6. Update: Mahoney Creek Detention
Podraza presented a PowerPoint presentation titled “Mahoney Creek Tributary Detention Basin” that included the following information:
• Before Existing Conditions March 2022
• Drone Photo Footage
• End of Wintergreen Terrace Prior to Tree Removal April 1, 2022 Video
• April 1, 2022 Facing North & Facing South
• Tree Removal Footage April 13, 2022
• Tree Removal Photos
• April 22, 2022 Footage
• April 25, 2022 Overflow Spillway/Outlet & Mass Earthwork
• May 5, 2022 Sanitary Bypass/Installation Photos
• South Side of Basin, North Side of Basin 5-9-22 Photos
• 5-12-22 Grading Tributary Photos
• 5-16-22 Photos
• 5-19-22 Photo of Staked Location for Trees
• Final Site Plan
• Site Today with Adding More Trees
• 5-24-22 Tree Delivery
• East Side & West Side
• All Updates are Available on the City’s Website
7. Ordinance 22-27: Amending the Official Zoning Map to Modify a Planned Development Overlay District Belle Tire, 1980 McKee Street Enright Architects, Applicant (DR 5/25/22) CD
Rackow discussed the memo with the Committee. Leman asked what type of flag would be on the flagpole. Rackow answered that the plans are for an American Flag. Beck stated that she continues to support removing parking minimums for the General Commercial Zone. She stated that this is the third or fourth time we have granted a variance for reducing the landscaping in lieu of impervious surface either parking or driveways. Three or four times later this is becoming a trend. She is not saying our landscaping standards are too strict because she does not believe that to be the case. She is worried that we are setting ourselves back when stormwater management and frequent flooding becomes more of an issue. We would have a bigger hurdle to overcome as we continue to do this. Chair Wolff agreed. Beck stated that this should be a bigger discussion in the near future looking at pervious and impervious surfaces.
Motion: To recommend approval of Ordinance 22-27: Amending the Official Zoning Map to Modify a Planned Development Overlay District Belle Tire, 1980 McKee Street Enright Architects, Applicant
Maker: Wolff
Second: Solfa
Roll Call Vote:
Aye: Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller, Russotto, Beck, Chanzit, Solfa
Nay:
11-0 Vote, 3 Absent, Motion carried.
Ald. Beck exited the meeting at 7:51pm.
8. Resolution 22-061-R: Authorizing Execution of a Contract with SKC Construction for the 2022 Crack Filling Program (TG 5/26/2022)
Russotto reviewed the memo with the COW.
Motion: To recommend approval of Resolution 22-061-R: Authorizing Execution of a Contract with SKC Construction for the 2022 Crack Filling Program
Maker: Russotto
Second: Miller
Roll Call Vote:
Aye: Russotto, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller
Nay:
10-0 Vote, 4 Absent, Motion carried.
9. Resolution 22-062-R: Authorizing Execution of IDOT Resolution to Appropriate $200,000 from the Motor Fuel Tax (MFT) Fund (TG 5/26/22) CS
Motion: To recommend approval of Resolution 22-062-R: Authorizing Execution of IDOT Resolution to Appropriate $200,000 from the Motor Fuel Tax (MFT) Fund Maker: Russotto
Second: Miller
Roll Call Vote:
Aye: Russotto, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller
Nay:
10-0 Vote, 4 Absent, Motion carried.
Ald. Beck returns to the meeting at 7:55pm
10. Resolution 22-059-R: Approving Modifications to Cemetery Charges (GH 5/25/22) CS Holm reported on the modification to cemetery charges with the Committee and reviewed Exhibit 1 in the resolution and categories.
Motion: To recommend approval of Resolution 22-059-R: Approving Modifications to Cemetery Charges
Maker: Russotto
Second: Miller
Roll Call Vote:
Aye: Russotto, Beck, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller
Nay:
11-0 Vote, 3 Absent, Motion carried.
11. Ordinance 22-29: Amending Title 7, Chapter 3 of the Municipal Code Related to Cemeteries (GH 5/25/22) CS
Holm reported that this is a complete rearrangement and rewrite of Title 7, Chapter 3 of the Municipal Code. The Council has been provided the redlined version as well as the clean version.
Motion: To recommend approval of Ordinance 22-29: Amending Title 7, Chapter 3 of the Municipal Code Related to Cemeteries
Maker: Russotto
Second: Solfa
Roll Call Vote:
Aye: Russotto, Beck, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller
Nay:
11-0 Vote, 3 Absent, Motion carried.
12. Ordinance 22-30: Amending Title 8, Chapter 1 of the Municipal Code Pertaining to Electrical Service for Annexed Residential Properties (GH 5/24/22) PU Holm discussed the memo with the Committee.
Motion: To recommend approval of Ordinance 22-30: Amending Title 8, Chapter 1 of the Municipal Code Pertaining to Electrical Service for Annexed Residential Properties
Maker: Cerone
Second: Miller
Roll Call Vote:
Aye: Cerone, Vogelsinger, Miller, Russotto, Beck, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi
Nay:
11-0 Vote, 3 Absent, Motion carried.
13. Public Hearing 7:35pm: Special Service Area Number 58 (Tanglewood Hills) Chair Wolff opened the Public Hearing at 8:22pm.
Buening discussed the Special Service Area (SSA) Number 58. Staff wanted to make a small correction to the SSA to add two parcels to ensure contiguity. The SSA remains dormant and we do not have a levy for this so there would be no property tax increases because of a levy on this SSA amendment.
Motion: To close the Public Hearing
Maker: Wolff
Second: Miller
Roll Call Vote:
Aye: Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller, Russotto, Beck, Chanzit, Solfa
Nay:
11-0 Vote, 3 Absent, Motion carried.
The Public Hearing was closed at 8:25pm.
14. Ordinance 22-28: Establishing an Amendment to Special Service Area Number 58 (Tanglewood Hills) (SCB 5/24/22) CD
Motion: To recommend approval of Ordinance 22-28: Establishing an Amendment to Special Service Area Number 58 (Tanglewood Hills)
Maker: Wolff
Second: Miller
Roll Call Vote:
Aye: Wolff, Baerren, Leman, Ajazi, Cerone, Vogelsinger, Miller, Russotto, Beck, Chanzit, Solfa
Nay:
11-0 Vote, 3 Absent, Motion carried.
15. Project Status
Newman reported on the following:
• At the City Council meeting on June 6th there will be a proclamation naming June as Pride Month in the City of Batavia
• There will not be a COW meeting on June 14th, which is Flag Day. There will be a Flag Day Memorial Ground Breaking Ceremony form 6-7pm on June 14th
• Offices will be closed on June 20th in observance of Juneteenth
• The new engine has been delivered to the Fire Department
16. Other
A local craft brewery is requesting an outdoor adjunct to their liquor license. Currently under City Code, outdoor adjuncts are only allowed for the tavern, restaurants and bowling alley licenses. Newman would like to bring the ordinance to change the code to add the Class H Craft Brewing license to the outdoor adjunct unless there are any objections from the Committee. There were no objections from the Committee.
Leman stated that at the May 16th City Council meeting we approved adding a second Deputy Chief for the Fire Department. She asked what the standing is on that position. Newman answered that Wendy Bednarek, HR Director, is working on the job description to incorporate into the job posting.
17. Adjournment
There being no other business to discuss, Chair Wolff asked for a motion to adjourn the meeting at 8:34pm; Made by Solfa; Seconded by Miller. Motion carried.
http://www.cityofbatavia.net/AgendaCenter/ViewFile/Minutes/_05312022-1930
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