Kane County Reporter

City of Batavia Committee of the Whole met June 11

Here are the minutes provided by the committee:

Chair Wolff called the meeting into session at 7:00pm.

1. Roll Call:

Present: Ald. Barazza, Lanci, Beck, Pieper, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Malay

Absent: Ald. Uher*, Cerone, Vogelsinger

Also Present: Mayor Schielke; Laura Newman, City Administrator; Scott Buening, Director of Community & Economic Development; Peggy Colby, Finance Director; Chief Craig Hanson, Batavia Fire Department; Zach Ewoldt, City Planner; Anthony Isom, Economic Development Manager; Rahat Bari, City Engineer; Wendy Bednarek, Director of Human Resources; Lori Botterman, Communications Manager; Ellyn Theis.

2. Please Speak Directly Into The Microphone For BATV

3. Approve Minutes For: April 1, 2024 COW Special Meeting, May 14, 2024, May 20, 2024 COW Special Meeting

Motion: Approve

Maker: Solfa

Second: Malay

Voice Vote: 11-0, 3 Absent, Motion Carries.

4. Items to be Removed/Added/Changed

None

5. Matters From The Public (For Items NOT On Agenda)

*Ald. Uher joined the meeting at 7:08pm

A resident of Batavia asked the council about proceedings regarding the gate between Aurora and Batavia and its potential removal. Ald. Wolff informed her that any discussions regarding the gate will continue once Mayor Schielke hears back from Mayor Irvin of Aurora.

Brian of the Citizens Committee spoke as it relates to Skyline Drive. He distributed a memo written to the Kane County State’s Attorney requesting Quo Warranto action.

6. Consent Agenda:

(The consent agenda is made up of items recommended by city staff that require recommendation to the full City Council by the Cow. This agenda is placed as a separate item of 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 Committee of the Whole non-controversial issues. However, any council member may, by simple request, have an item removed and placed on the “regular” agenda.).

a. Resolution 2024-089-R: Renewing a Contract for Andy Frain Crossing Guard Services (MJ) CS

b. Resolution 2024-093-R: Approving a contract with Geneva Construction Company to construct sidewalk along Garfield Ave between South Harrison St and South Jackson Street for an amount not to exceed $52,899.00 (RB 6/6/2024) CS

c. Resolution 2024-092-R: Accepting the Public Improvements at 470 N Randall Road (Culver’s) (CB 6/04/24) CS

d. Resolution 2024-080-R: Approval of the new Human Resources Management (HCM) Software (WB 6/06/24)

Motion: Approve Consent Agenda as presented

Maker: Chanzit

Second: Beck

Voice Vote: 12-0, 2 Absent, Motion Carries.

7. Presentation: City Of Batavia Annual Comprehensive Report And Board Communication By Brian LeFevre, Partner, Sikich LLC

8. Resolution 2024-087-R: Authorizing Contract With Debtbook Subscription Software And A Budget Amendment For Debtbook.

This software is designed to manage all city debt in one place. This would benefit a future Finance Director as it is more efficient to utilize software than spreadsheets. Peggy Colby negotiated the cost down to $10,000 from $21,000 and will require a budget amendment.

Motion: Approve resolution as presented.

Maker: Malay

Second: Leman

Voice Vote: 12-0, 2 Absent, Motion Carries.

9. Ordinance 2024-047: Principal Structure Setbacks -721 Viking Drive (ZE 6/6//2024) CD

Applicants are requesting 4 variances. 1: Allow replacement of existing deck for setback of 7 feet. 2: Allow the existing interior footprint to have a setback of approximately 7.5 feet. 3: Allow the same footprint of the home to have interior setbacks at the southern line of approximately 9.1 feet. 4: Allow the footprint of the home to have a front setback of approximately 29.03 feet. Staff is in support of these variance requests.

Motion: Approve ordinance as presented.

Maker: Wolff

Second: Baerren

Voice Vote: 12-0, 2 Absent, Motion Carries.

10. Resolution 2024-090-R: Awarding A Facade Improvement Grant To Everdine’s Grilled Cheese At (227 W. Wilson St.) In The Amount Not To Exceed $5,000.00. (AI 6/11/24) CD

Anthony Isom commended the hard work Everdine’s Grilled Cheese has put into joining the Batavia community and thanked residents and council for their support. The applicants are seeking three grant opportunities: The Facade Improvement Grant (item 11), Downtown Signage Assistance Grant (item 12), and a grant under the Downtown Improvement Grant Program (item 13). Kelly and Brian Herker, owners of Everdine’s Grilled Cheese, thanked the council for their consideration and are very excited to open.

Motion: Approve resolution as presented

Maker: Wolff

Second: Uher

Voice Vote: 12-0, 2 Absent, Motion Carries.

11. Resolution 2024-072-R: Awarding A Grant Under The Downtown Signage Assistance Grant Program Within The Downtown Historic District (Everdine’s Grilled Cheese, 227 W. Wilson St.) (AI 6/11/24)

Roughly $3,000 sign project which qualifies them for the sign grant in the amount of $1,000.

Motion: Approve resolution as presented

Maker: Wolff

Second: Beck

Voice Vote: 12-0, 2 Absent, Motion Carries.

12. Resolution 2024-091-R: Awarding A Grant Under The Downtown Improvement Grant Program (Everdine’s Grilled Cheese 227 W. Wilson St.) (AI 6/11/24) CD

This grant allows for interior work to be completed. They qualify for $19,866.50.

Motion: Approve resolution as presented

Maker: Wolff

Second: Uher

Voice Vote: 12-0, 2 Absent, Motion Carries.

13. Ordinance 2024-046: Adopting A Flag Policy By Adding Title 7 Chapter 7 To The Municipal Code (MW) GS

The city received a resident request to fly a flag on the city flagpole and asked if there was a policy in place. A similar case existed in Boston, in which the city was sued citing a violation of the First Amendment in the amount of $2,100,000 for denying a flag request. To prevent further litigation, The Boston Supreme Court ruled that city flagpoles are not a public forum and should be dedicated for government speech.

On May 14th, Bob McQuill contacted the City requesting an opportunity to fly a Christian flag on the City flagpole, an opportunity he states the LGBTQ+ community has been given for the past 3 years. Based on his research, he does not believe flying a religious flag interferes with the separation between the church and state; and as such, he believes the refusal to fly a religious flag would be a violation of the First Amendment in the Constitution. Asks that the city research the difference between public forums and government speech.

Ald. Solfa reviewed the Boston Supreme Court case and believes it is the safest and most appropriate response. Ald. Baerren notes that the council can first vote on a policy, then take time to define the process. Ald. Lanci recommends that residents fly flags reflective of their personal beliefs on their own properties. Ald. Wolff and Ald. Uher would like to take time to research policy and selection of flags. Ald. Beck acknowledges that although the city could theoretically be inundated with offensive or objectionable flag requests, this could also give great local groups like the Batavia Women’s Club etc. an opportunity to be represented. Ald. Chanzit requests that item #14 and #15 be tabled.

Motion: Approve ordinance as presented

Maker: Malay

Second: Solfa

Roll Call Vote

Aye: Ald. Barazza, Lanci, Beck, Pieper, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Malay, Uher.

Nay: None

12-0, 2 Absent, Motion Carries.

- Motion to table items 14 and 15th

Maker: Malay

Second: Chanzit

Roll Call

Aye: Ald. Barazza, Lanci, Beck, Pieper, Chanzit, Solfa, Wolff, Baerren, Leman, Ajazi, Malay, Uher.

Nay: None

12-0, 2 Absent, Motion Carries.

(Tabled) 14. Approval: At The Request Of Resident Bob McQuillen To Display The Sacred Heart Of Jesus Flag On The Government Center Flagpole

Motion:

Maker:

Second:

Voice Vote:

(Tabled) 15. Approval: To Perpetually Display The Unity Flag On The Government Center Flagpole

Motion:

Maker:

Second:

Voice Vote:

16. Discussion: First And Water Intersection Pedestrian Crossing

Rahat Bari introduced a rendering of the potential intersection to the council. The intersection included a high visibility crosswalk, pedestrian crossing signs, and small bollards to tighten the radius of the intersection. Council agreed that the proposed rendering is a step in the right direction.

17. Discussion: Appointing Vice-Chairs To The Vacancies On The City Services And Public Utilities Committees

A vice chair vacancy is available on both committees. Ald. Baerren has the first choice on both positions; to which she accepted the position for City Services.

Ald. Beck would like to see a review of the committees and their responsibilities. Laura Newman recommends an overall review of the committees and their structures. The committees were influenced by the types of issues presented.

The Public Utilities Committee is available to Ald. Vogelsinger, Leman and Ajazi. The decision for the Public Utilities position will be determined at a later date.

18. Project Status

In regards to Skyline Drive, Chief Mazza met with Kane County Sheriff Hain and asked his opinion as to whether that roadway should be connected. Hain said that as the Sheriff, he is opposed to connecting a road for vehicular traffic due to the lack of street lights, curbs and sidewalks in the Geneva Township area. Laura Newman had a conversation with the Geneva Highway Commissioner, who gave three recommendations based on listening to the discussion that council had on May 14th. First, he would request that the city withdraw our annexation of the portion of road. Second, the city of Batavia should connect the road for emergency vehicles only and replace the existing gate with a new gate that would have a feature to grant emergency access. Third, extend the sidewalk from the Batavia side over to the road on the other side.

The Historical Markers Committee met to discuss the next round of markers. There are 10 currently installed, with plans to add 8 next spring.

In Communications, Lori Botterman built a new webpage for the Batavia Downtown Plan and attended the Farmers Market where she had the opportunity to promote ALERT Batavia and Code Red.

Chief Hanson attended the Alzheimers and Dementia conference for first responders. The police had a successful community outreach event “Cones with a cop” at Batavia Creamery. The officers also stopped by at Rock the Block celebration at the Batavia Apartments on June 8th. Chief Mazza, Officer Austin Robinson and Detective Elizabeth Webb went to Bloomington, IL on June 7th for the Special Olympics Summer Games.

Contractors will commence work on Carriage Crest in early July. Roadwork is continuing on South Water Street, anticipated that final paving will take place prior to the end of June.

19. Other

20. Adjournment

Motion: To adjourn the meeting at 9:30pm

Maker: Solfa

Second: Malay

Voice Vote: 12-0, 2 Absent, Motion Carries.

https://www.bataviail.gov/AgendaCenter/ViewFile/Minutes/_06112024-2270