City of Batavia Committee of the Whole met Oct. 11.
Here are the minutes provided by the committee:
Chair Wolff called the meeting to order at 7:03pm.
1. Roll Call
Members Present: Chair Wolff; Ald. Miller (joined at 7:04pm), Russotto, Beck, Connelly, Chanzit (remotely joined at 7:03pm), Solfa, Baerren, Leman, Ajazi (remote), Malay, Uher, Cerone, Vogelsinger (remotely joined at 7:03pm)
Members Absent: None
Also Present: Mayor Schielke; Laura Newman, City Administrator; Scott Buening, Director of Community and Economic Development (remote); Peggy Colby, Director of Finance (remote); Rahat Bari, City Engineer; Wendy Bednarek, Director of Human Resources; Howard Chason, Director of Information Technologies; 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. Consent Agenda
(The Consent Agenda is made up of items recommended by city staff that requires recommendation to the full City Council by the COW. This agenda is placed as a separate item on the COW agenda. The items on the Consent Agenda are usually minor items, already budgeted, standard non-policy activities or outgrowths of earlier meetings and are voted on as a “package” in the interest of saving time on non controversial issues. However, any council member may, by simple request, have an item removed and placed on the “regular” agenda.)
a. Approval: Executive Session Minutes June 28, 2022 – Setting the Price of Land for Sale
b. Approval: Executive Session Minutes August 23, 2022 – a. Setting the Price of Land for Sale and b. Setting the Price of Land for Sale
Motion: To approve the Consent Agenda as presented
Maker: Wolff
Second: Solfa
Roll Call Vote: Aye: Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Russotto, Beck, Connelly, Chanzit, Solfa
Nay:
13-0 Vote, 1 Absent, Motion carried.
Ald. Miller joined the meeting at 7:04pm.
6. Presentation: Gun Safety Consortium
Russotto stated that he has been in contact with a few residents from Ward 6 who are members of the Fox Valley Presbyterian Church and they wanted to talk about the Gun Safety Consortium.
Jim Schwarber addressed the Committee of the Whole (COW). He shared that he is the testing coordinator for the Gun Safety Consortium. He works with the entrepreneurs developing gun safety products with law enforcement agencies testing those products. Schwarber stated that 4.5 million children live in homes with unlocked and loaded firearms. There are 380,000 guns stolen annually. Many of which are used later in violent crimes. The National Gun Safety Consortium’s roots go back to 2014 when the Metro Industrial Areas Foundation began to look for a way to act on gun violence. The three requirements are it has to be bi-partisan, winnable, and non legislative and those three principals drive our work to this day. After extensive research they decided to focus on gun safety since we know that less than half of gun owners lock their guns. The ultimate goal of the gun safety consortium is to get the innovative gun safety products in the hands of the gun owning public in order to prevent suicides, gun thefts and accidents. Schwarber discussed the Gun Safety Consortium strategy, partners and the ‘Right to Carry, Duty to Secure’ campaign with the COW.
Chair Wolff asked Schwarber if they would like us to discuss with our Police Department if the would be willing to participate and be part of the testing group for the Gun Safety Consortium. Schwarber answered yes. Chair Wolff stated that he thinks that this is something we should discuss. Malay stated that he fully supports this. Malay pointed out that this is a diverse group that is about creating safety. This is an opportunity to get the message of safety out and this is not about taking guns away from anyone or legislating gun laws. It is about making guns safer.
Malay stated that he would like to put this on the agenda for further discussion and asked someone to join him on that request. Chair Wolff joined Malay on the request to put this on a future agenda for discussion. Chair Wolff stated, in the meantime, the Gun Safety Consortium should share information with the COW and we will find out if the Police Department would like to join this effort. Schwarber stated that he would be happy to return and discuss this further.
Cathy Hagemann, Batavia resident and former teacher, addressed the Committee. She shared how much the world has changed since moving to Batavia and listed recent school shootings and casualties throughout the United States with the Committee. She shared that teaching children to throw music stands and musical instruments at perpetrators was not in her college curriculum. She stated that she is a member of the Fox River Valley Initiative where gun safety has become a priority. She has attended virtual meetings with the Gun Safety Consortium and joined Sheriff Hain and the rest of the Fox River Valley Initiative to discuss gun safety in our County. She is an active member of Mothers Demand Action. She urged this body to become active in keeping our City safe. Make it even safer by working as part of the Gun Safety Consortium.
Rick Lathrip, Batavia resident, addressed the COW. The Congregational Church of Batavia has been members of the Fox River Valley Initiative for the last six years. He stated that he would be really proud if our City became part of the research and development to develop safe guns as one of the methods to reduce gun violence. He is glad that the City is going to consider this seriously because it is something that is really valuable.
Steve McQue, Geneva, co-lead for Moms Demand Action for Kane and Kendall County, stated firearms are the leading cause of childhood deaths in America aged nineteen and younger. Prior to that it was automobile accidents from 1920-2020. The auto industry invented the three point seatbelts, backup cameras and airbags and laws were put into place for seatbelts. The gun industry could have the same thing. There is a benefit to being first to market in the gun safety area. He discussed how they hand out a thousand cable locks per year along with the Batavia Police Department at child safety fairs and gun shows. The Gun Consortium is all about utilizing technology that exists already and getting it into the hands of people who would actually use it.
Amy Peeler, college professor and part-time pastor at St. Mark’s church in Geneva. She shared she attended a symposium on the prevention of gun violence in Washington DC. The development towards the safety of guns is something that everyone could get behind and agree on. She thanked the Committee for considering participation in this and hopes that the Committee is hearing the widespread support that we bring from communities in your districts.
Edward Manning, Fox River Valley Initiative (FRVI), addressed the COW. He stated the FRVI is a broad based community-organizing group that consists of twenty institutions up and down the Fox River and Kane County. The issues that plagues us in the tri-cities aren’t confined to any of our three cities, as well, neither are the solutions. Tonight he is speaking for the leadership in the FRVI who live or work in Batavia. The FRVI are united in the desire to see the Tri-Cities join the Gun Safety Consortium. The effort to reach out to this Council is being repeated in St. Charles and Geneva. The issue of gun violence in our country is daunting, overwhelming. No organization no matter how big or small could solve it. There is something we could do locally. We know the issue of unsecured firearms, which leads to suicides, gun theft and violence is one that we could address and make happen in our communities. We urge you to join the Gun Safety consortium and become leaders for change in the gun safety culture in Kane County.
Chair Wolff stated that the City would have discussion on this, decide where we want to go with this and then move forward. He thanked everyone for attending.
7. Ordinance 22-44: Special Service Area 69- Winding Creek Subdivision for 10-11-22 COW – CD
Rackow discussed the ordinance with the COW.
Motion: To recommend approval of Ordinance 22-44: Special Service Area 69- Winding Creek Subdivision for 10-11-22 COW
Maker: Wolff
Second: Russotto
Roll Call Vote: Aye: Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit, Solfa
Nay:
14-0 Vote, 0 Absent, Motion carried.
8. Ordinance 22-45: Demolition COA for 107 Union Ave (JA 9/30/22) CD Albertson reported that this is an unclassified building in the Historic District. The Historic Preservation Commission (HPC) met on 9-26-22 to discuss this and felt that there were no historic elements to the building and deemed it non-contributing. The HPC recommended that the COA be granted for demolition. The future uses are unsure right now, possibly additional parking for Water Street Studio. This building has become obsolete and unusable for the property owner.
Austin Dempsey, Batavia Enterprises, addressed the Committee. He stated that their hope is that it would become something other than additional parking in the not so distant future. He stated that they are planning to have the mural touched-up and then eventually relocated to another location.
The Committee discussed access to the future parking lot, how the building is functionally obsolete, and the future potential of the property.
Motion: To recommend approval of Ordinance 22-45: Demolition COA for 107 Union Ave
Maker: Wolff
Second: Malay
Roll Call Vote: Aye: Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit, Solfa
Nay:
14-0 Vote, 0 Absent, Motion carried.
9. Resolution 22-103-R: Approving a Preliminary Plat of Subdivision, Batavia Logistics Center – KBC Illinois Investments, Applicant (DMR 10/6/22)
Rackow discussed the resolution with the COW. The COW discussed the access and the application to the Kane County Department of Transportation (KDOT).
Jason Spalski, Civil Engineer, addressed the COW. He discussed how they are in constant contact with KDOT and they will be going through the agreement with the government. John, KVC Advisors, stated that this building is speculative at this point. There is no tenant identified at this point and they have been responding to multiple tenant inquiries. Kirk Road will be widened to ease the truck traffic inbound and outbound.
Motion: To recommend approval of Resolution 22-103-R: Approving a Preliminary Plat of Subdivision, Batavia Logistics Center – KBC Illinois Investments, Applicant
Maker: Wolff
Second: Connelly
Roll Call Vote: Aye: Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit, Solfa
Nay:
14-0 Vote, 0 Absent, Motion carried.
10. Discussion: Carriage Crest Drainage Project Update (GH/AMP)
Holm discussed the memo with the Committee. Holm explained that the gravity sewer has come in considerably higher than what we originally thought. It is almost double the estimated cost. Holm stated that they are here tonight because the notion of bonding four and a half to five and half million dollars of bonds is important to bring back to City Council. Holm discussed the 1996 stormwater event with the Committee. V3 Watershed was viewed via shared screen.
Holm discussed how the City’s pumping efforts since 2008 have alleviated some issues. In lieu of a gravity sewer the City could install a permanent pump station out there that would collect run off immediately as it enters the basin and then begin to pump it out during the early part of the storm. This could happen for all storm events and not just the most extreme events when the City goes out after the storm to pump. That could help minimize the saturation of subsurface soils because we will have a regular correction of run off at the surface level and pumping it away as opposed to allowing it to infiltrate and saturate the subsurface soils.
Holm reported staff does think that a pumping option would be a good option to pursue with the idea being that we would install grading and under drains throughout the basis so that surface waters would be collected and conveyed to a storm pumping station. We would also have larger pump(s) for the larger storms to pump water away.
Holm discussed the vision for a permanent station with the Committee. Holm stated that staff would recommend a pause, creating a subcommittee at the City Council level. This subcommittee would perform public outreach to citizens in the neighborhood. The subcommittee would evaluate the options spoke about tonight to help mitigate the drainage concerns. Chanzit asked for aldermen to join the subcommittee. Beck and Vogelsinger stated they would be willing to join the subcommittee.
The Committee discussed the lifespan of the pumping station and maintenance. Chair Wolff stated that it is good to take a pause and asked for real numbers on the pumping station costs and life-cycle costs to show as a comparison. Chair Wolff opened the floor for public comment.
Jeff stated that he lives in the blue area of the map shown to the Committee and has lived there since 1988. He was here in 1996 and had four feet of water in his basement. His basement was damaged from the flooding in 2020. He cannot rebuild the basement until this flooding issue gets resolved. He cannot sell his house until this is solved. There are neighbors who thought the City is moving towards a solution. He wanted to share that this is a serious deal, when the flooding happens it is bad. He has two sumps in his sump pit. They pump four thousand gallons per hour and cannot keep up. He shared letters he wrote to the City from May 2020. He stated that the last time this was discussed, moving the water to another location was said to be moving the water to somebody else’s problem into another part of the community. The only real solution is a gravity sewer. He stated that he appreciates the City looking into this problem.
PJ Fitzpatrick addressed the COW. He stated that he is in the same situation as the previous speaker. He appreciates the reactive response to the issues we are having and the proactive response since 2019. Fitzpatrick stated that we are due for another event pretty soon. The events that affected him and his neighbors were in 2008, 2009, 2013, 2015, 2019 and 2020. The fact that we have had a reprieve is a great thing but we are about due for another event. He shared that his sump pumps have run constantly for six days. A solution sooner than later would be appreciated.
Dennis Kelther, 746 Carriage, stated that there would be a lot more people here if they knew that this was not progressing. This neighborhood floods every three years. There really needs to be some solution here.
Jason Lindstrom remotely addressed the Committee. He stated that the reason why we are sitting here today, when budgets were constrained during COVID, this Committee did approve the money to allow the engineering study to go through, which has allowed us to continue up to this point today. We have been through a lot but we are here today due to the efforts in this room.
Holm stated he would schedule a meeting with the residents, work with V3 Engineering on options and input, and then return to City Council before the end of the year.
11. Ordinance 22-46: An Ordinance Authorizing the City of Batavia, Kane and DuPage Counties, Illinois, to Issue Sewerage Revenue Bonds in an Aggregate Principal Amount Not to Exceed $35,000,000 in Evidence of Loans Issued Pursuant to the Water Pollution Control Loan Program (PC/GS)
Colby discussed the memo with the COW.
Motion: To recommend approval of Ordinance 22-46: An Ordinance Authorizing the City of Batavia, Kane and DuPage Counties, Illinois, to Issue Sewerage Revenue Bonds in an Aggregate Principal Amount Not to Exceed $35,000,000 in Evidence of Loans Issued Pursuant to the Water Pollution Control Loan Program
Maker: Wolff
Second: Chanzit
Roll Call Vote: Aye: Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit, Solfa
Nay:
14-0 Vote, 0 Absent, Motion carried.
12. Resolution 22-104-R: Approval of Consulting Agreement with WaterPIO, LLC for PFAS Communications Planning (GPH)
Holm discussed per- and polyfluoroalkyl substances (PFAS) with the Committee. Holm announced that the City is on top of the issue and our drinking water is safe, we are monitoring and we are educated on the topic. Holm stated that the City wants to convey confidence to our consumers so that they have confidence in our water system.
Motion: To recommend approval of Resolution 22-104-R: Approval of Consulting Agreement with WaterPIO, LLC for PFAS Communications Planning
Maker: Wolff
Second: Connelly
Roll Call Vote: Aye: Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit, Solfa
Nay:
14-0 Vote, 0 Absent, Motion carried.
13. Resolution 22-105-R: Authorizing Execution of the Notice of Intent to Award to Brandt Excavating, Inc., Morris, IL for the Lead Service Line Replacement Project in the Amount of $3,426,389.00 (JPB 10/6/2022)
Holm discussed the memo with the Committee.
Motion: To recommend approval of Resolution 22-105-R: Authorizing Execution of the Notice of Intent to Award to Brandt Excavating, Inc., Morris, IL for the Lead Service Line Replacement Project in the Amount of $3,426,389.00
Maker: Cerone
Second: Solfa
Roll Call Vote: Aye: Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Malay, Uher
Nay:
14-0 Vote, 0 Absent, Motion carried.
Ald. Beck exited the meeting at 8:54pm.
14. Discussion: Video Gaming Licensing (SB/CD)
Uher stated that a hair salon is now asking for a video gaming license. He knows that there are people who wish they never voted yes in the first place in favor of video gaming. Video gaming is slowly proliferating. Since the five years he has been on the Council we have approved four more locations. Uher stated that there are not many businesses on Wilson that do not have this license. If the salon is approved to get their video gaming license than gas stations and convenience stores will be next.
Uher stated that if we remove the ordinance and grandfather everyone in we are not losing revenue. Uher noted that Aurora is likely to approve a huge casino expansion, not because it is good for the area but because it is good for the revenue. Uher asked that the COW discuss the possibility of changing the ordinance so that we do not allow any more Video Gaming Licenses.
The COW discussed gambling, possible future locations applying for video gambling licenses, possible referendum, and inquiries to obtain licenses. Connelly commented that you do not have to go into your car to play blackjack. You could play live blackjack on your smartphone. He is not someone who likes to gamble but for us to say businesses or residents cannot do it in our town he does not know if he fully supports that just yet. He is open to continue this conversation. Baerren stated that she sees this as a tool for our businesses. Baerren stated that she does not know if she would be interested in expanding what we already allow for video gambling licenses. Leman stated that it is true that we cannot decide how people use their money, time or resources. That is not our job here. Our job on Council is to determine what we want our city and downtown to be like. Ayazi stated people have the right to their vices and gave the example of how alcohol is readily available for purchase at nearly every gas station. It is difficult for him to speak against video gambling licenses. Miller stated that he does like the option of putting a cap on the amount of licenses. He does not want to see the amount of licenses to expand.
Motion: To cap the amount of Liquor Video Gaming Licenses at nine (9)
Maker: Uher
Second: Malay
Roll Call Vote: Aye: Uher, Miller, Leman, Malay
Nay: Cerone, Vogelsinger, Russotto, Connelly, Chanzit, Solfa, Wolff, Baerren, Ajazi
4-9 Vote, 1 Absent, Motion failed.
Chair Wolff asked staff to provide how many licenses that we have so that the COW has a listing of the three categories that we have.
Ald. Beck returned to the meeting at 9:46pm
15. Project Status
Newman reported on the following:
• Thursday, November 10th will be the COW Budget Meeting at 7pm
• The Public Hearing on the Budget will be held at the COW meeting on November 15th
• November 29th could be reserved for a second budget meeting, if needed
• The City of Batavia received an appreciation award from the Kane County Board for the
City of Batavia providing assistance and resources to establish the Kane Vax Hub in March of 2021 at 501 North Randall Road
16. Other
None.
17. Executive Session: Litigation
Motion: To enter into Executive Session for litigation
Maker: Solfa
Second: Russotto
Roll Call Vote: Aye: Solfa, Wolff, Baerren, Leman, Ajazi, Malay, Uher, Cerone, Vogelsinger, Miller, Russotto, Beck, Connelly, Chanzit
Nay:
14-0 Vote, 0 Absent, Motion carried.
The Committee entered Executive Session at 10:03pm and exited at 10:11pm.
No Executive Session was held. There was an issue with the Zoom link and the Executive Session was cancelled due to technical difficulty.
18. Adjournment
The Committee adjourned at 10:11pm due to technical difficulty.
http://www.cityofbatavia.net/AgendaCenter/ViewFile/Minutes/_10112022-2002
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