Kane County Reporter

City of Batavia City Council met Dec. 16

Here are the minutes provided by the council:

1. MEETING CALLED TO ORDER

The Mayor called the meeting to order at 7:00 p.m.

2. INVOCATION followed by PLEDGE OF ALLEGIANCE

Ald. Malay led the Pledge of Allegiance.

3. ROLL CALL

Aldermen in attendance at roll: Barraza (7), Lanci (6), Beck (5), Pieper (4), Malone (3), Wolff (2), Solfa (1), Bearren (1), Leman (2), Malay (4), Uher (5), Vogelsinger (7). Attending remotely: none

4. REMINDER: Please Speak Into The Microphone For BATV Recording

5. ITEMS REMOVED/ADDED/CHANGED

none seen

6. CONSENT AGENDA

Accept and Place on File:

A. September and October Financial Reports

B. Monthly Building Report November 2024

Approvals:

C. (NONE)

D. 12/6/2024, 2024 Payroll $1,063,926.33

E. Accounts Payable Check Register $5,932,649.57

F. City Council Minutes for 11/18/2024 and 12/02/2024

G. ORD 2024-074: Amending the Municipal Code Relating to Sanitary Sewer Usage Rates (GH 12/05/24) PU

H. ORD 2024-075: Amending the Municipal Code Relating to Water Usage Rates (GH 12/05/24) PU

I. RES 2024-153-R: Approval of Task #10 with ERA Consultant for construction engineering services related to the Fox River Stabilization project, in an amount not to exceed $58,300 (RB 12/5/25) CS

J. ORD 2024-077: Authorizing the Execution of an Annexation Agreement Between Mark F. and Susan A. Vlakancic and the City of Batavia for Property Located at 02S735 S Raddant Road (SCB 12/04/24) CD

K. ORD 2024-078: Authorizing the Execution of an Annexation Agreement Between Richard C. Sall and Holly L. Sall of the Sall Trust and the City of Batavia for Property Located at 02S799 S Raddant Road (SCB 12/04/24) CD

L. ORD 2024-079: Authorizing the Execution of an Annexation Agreement Between Thomas E. and Joanne C. Zillman and the City of Batavia for Property Located at 02S912 Wagner Road (SCB 12/04/24) CD

M. ORD 2024-080: Authorizing the Execution of an Annexation Agreement Between Andrew and Tracy Breyer and the City of Batavia for Property Located at 02S950 Wagner Road (SCB 12/04/24) CD

N. ORD 2024-082: Amendments to Text of the Zoning Code (Section 4.106: Refuse, Recycling, Grease Container, and Compacting Equipment Enclosures) (ZE 12/06/24) CD

O. RES 2024-158-R: A Resolution Authorizing the Execution of an Agreement Between the City of Batavia and the Illinois Fraternal Order of Police Lodge #224 Patrol Officers (FOP Patrol)

P. RES 2024-158-R: A Resolution Authorizing the Execution of an Agreement Between the City of Batavia and the Illinois Fraternal Order of Police Lodge #224 Patrol Sergeants (FOP Sergeants)

Ald. Beck read aloud the Consent Agenda.

Motion by Ald. Beck, seconded by Ald. Solfa, to approve the consent agenda. Motion carried 12 yea/ 0 nay/ 2 absent.

7. MATTERS FROM THE PUBLIC: (For Items NOT On The Agenda)

none seen

8. PRESENTATION: Update on the Wastewater Treatment Plant Rehabilitation Project – Jerry Ruth, Trotter & Associates

Jerry Ruth, of Trotter & Associates presented his report on the progress of the Wastewater Treatment Plant Rehabilitation Project. The project is in Phase 2A, which includes concrete and formwork. Electrical work is complete in the UV Building, and city staff are completing training on the operation of the system.

The bike path is open and fenced along the east side to prevent accidental incursion into the construction site. Leak testing in the headworks is underway. Ruth shared aerial images of the construction site and progress.

The cost of the project so far is just under 30 million dollars, and about 66% of the project budget has been spent. Construction work is on schedule.

Mayor Schielke commended Trotter & Associates on their excellent work managing the project.

9. PRESENTATION: Water Street Studios: Collection of Batavia artist Ed Dlugopolski (Bill McGrath)

Bill McGrath delivered a presentation on the work of artist, teacher, and Batavian Ed Dlugopolski and notified the Council of an upcoming show and sale of Dlugopolski’s work. McGrath explained that after Ed’s death, his widow, Joyce Dlugopolski, donated around 300 pieces of Dlugopolski’s collected work to Water Street Studios. Water Street Studios will host a show and sale on January 10th, 11th, 12th and proceeds will benefit Water Street Studios.

McGrath shared a slideshow of pieces from Dlugopolski’s collected works. More information about the show and sale is available here: https://waterstreetstudios.org/eds-studio.

10. MAINSTREET MINUTE

Director Beth Walker delivered her report on the recent and upcoming activities of Batavia MainStreet. Walker encouraged residents to continue to support local businesses with their purchases. Please review the recording for comments in full.

Mayor Schielke commended Walker on the positive attention generated for the City by the programs of Batavia MainStreet.

11. RES 2024-152-R: Authorizing city staff to execute an MSA and SOW with Scientel Solutions for the 2024 City of Batavia Surveillance System Upgrades (MW 12/2/24) CS

Ald. Wolff introduced the resolution.

Ald. Pieper noted that there are locations in town where surveillance may interfere with the need for resident privacy. Max Weiss responded that the precise areas of surveillance and how recordings will be handled and reviewed will be determined after approval.

Ald. Uher said that the addition of so many cameras is unnecessary.

Ald. Leman said that she hopes that there will be some strong guidelines on how records created through this system are accessed and used. She asked who will review the records. Chief Mazza responded that the Chief of Police will be responsible for review.

Ald. Lanci said that due to his professional interest he will recuse himself from the vote.

Ald. Malone asked if the public would ever be able to access these records. Max Weiss responded that all created records will be available to the public through FOIA requests.

Motion by Ald. Wolf , seconded by Ald. Solfa, to approve the resolution. Motion carried 10 yea/ 1 nay/ 1 abstain/ 2 absent.

12. RES 2024-151-R: Authorizing an Intergovernmental Agreement with the Batavia Park District for Blanket Easements for Surveillance Cameras (MW 12-02-24) CS

Ald. Wolff introduced the ordinance.

Motion by Ald. Wolf , seconded by Ald. Solfa, to approve the ordinance. Motion carried 10 yea/ 1 nay/ 1 abstain/ 2 absent.

13. APPROVAL: Waive Formal Bidding for City Entrance Signs

Ald. Wolff introduced the approval.

Motion by Ald. Wolf , seconded by Ald. Beck, to approve waiving formal bidding.

Motion carried 12 yea/ 0 nay/ 2 absent.

14. RES 2024-154-R: Approving Contract with Aurora Sign Company for the City Entrance Signs (GH 12/05/24) CS

Ald. Wolff introduced the resolution.

Motion by Ald. Wolf , seconded by Ald. Beck, to approve the resolution. Motion carried 12 yea/ 0 nay/ 2 absent.

15. ORD 2024-081: Conditional Use for a Video Gaming Establishment in the DMU Downtown Mixed-Use District at 140 West Wilson Street (ZE 12/05/24) CD

Ald. Wolff introduced the ordinance.

Ald. Uher said that the video gaming industry has been shown in studies to take advantage of low-income individuals. He said he would continue his position of not supporting video gaming in Batavia.

Ald. Malay said he will be voting no on this ordinance, because it represents an expansion of video gaming.

Ald. Baerren asked Attorney Seckel whether, if the applicant meets each criteria of the license, the City might expose itself to liability for a discrimination lawsuit by voting to disallow this permit. Attorney Seckel advised that it could expose the City to liability.

Ald. Leman said that video gaming does not align with her vision for downtown Batavia and she does not support expansion of video gaming.

Ald. Lanci said that he supports this applicant, who represents a legacy of 30 years in Batavia business.

Ald. Vogelsinger asked if there is other assistance that the City could provide to support the business. Administrator Newman said that no other assistance has been requested by the business owner.

Motion by Ald. Wolf , seconded by Ald. Solfa, to approve the ordinance. Motion tied 6 yea/ 6 nay/ 2 absent. Mayor Schielke cast a tie breaking vote in favor. Motion passed.

16. RES 2024-155-R Authorization for Illinois Emergency Management Mutual Aid System Agreement

Ald. Wolff introduced the ordinance.

Motion by Ald. Wolf , seconded by Ald. Solfa, to approve the ordinance. Motion carried 12 yea/ 0 nay/ 2 absent.

17. RES 2024-156-R Authorization to Approve Restated Tri-Com Intergovernmental Agreement

Ald. Wolff introduced the ordinance. Ald. Malay said that through his work as the Council's representative to Tri-Com, he is aware that the first Tri-Com agreement was established in 1976. The agreement as presented was unanimously approved by the Tri-Com board.

Motion by Ald. Wolf , seconded by Ald. Malay, to approve the ordinance. Motion carried 12 yea/ 0 nay/ 2 absent.

18. ADMINISTRATOR'S REPORT

Administrator Newman delivered her report on the recent and upcoming initiatives of the City of Batavia. Communications Director Lori Botterman is working on replacing the Chatbot used on the City website. The new Chatbot will have access to digitized documents and Newman hopes it will make the website more accessible to the public.

The first single family home is under construction at Van Nortwick as part of the Pulte development.

The Historic Preservation Commission approved a Certificate of Appropriateness for the demolition of the “Tin Shop” property at 106 N River Street. The COA will come before the City Council for approval in January.

The City’s first cannabis dispensary is planned to open on Randall Road.

Please review the recording for comments in full.

19. OTHER BUSINESS

None seen.

20. MAYOR’S REPORT

Mayor Schielke delivered his report. He spoke about the great success of the Batavia Toy Drive this year, under the management of the Bailey family. Please view the recording for comments in full.

21. ADJOURNMENT

Motion by Ald. Solfa, seconded by Ald. Wolf , to adjourn. Motion carried by voice vote.

The meeting adjourned at 8:09 p.m.

https://www.bataviail.gov/AgendaCenter/ViewFile/Minutes/_12162024-2355