Kane County Reporter

City of Batavia Committee of the Whole met Jan. 14

Here are the minutes provided by the committee:

1. Roll Call:

Present: Barazza, Lanci, Beck, Pieper, Malone, Wol, Baerren, Leman, Ajazi, Uher, Cerone, Vogelsinger

Absent: Malay, Solfa*

Also Present: Laura Newman, City Administrator; Max Weiss, Assistant City Administrator; Mayor Schielke; Wendy Bednarek, Director of Human Resources; Drew Rackow, Planning and Zoning Ocer; Scott Beuening, Director of Community and Economic Development; Gary Holm, Director of Public Works; Andrea Podraza, Assistant Director of Public Works; Je Albertson, Building Commissioner; Batavia Fire Chief Craig Hanson; Batavia Police Chief Eric Blowers; Ellyn Theis, Recorder.

2. Reminder: Please Speak Directly Into Microphone For BATV Recording

3. Approve Minutes For: December 10th, 2024

Motion: Approve Minutes as Presented

Maker: Beck

Second: Lanci

Voice Vote: 12 Aye, 0 Nay, 2 Absent, Motion Carries

4. Items Removed/Added/Changed

None

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

Justine, a long-time Batavia resident, raised concerns about persistent trac issues on Route 31 following the road diet. She noted ongoing speeding, improper use of the center turn lane as a passing lane, and inconsistent speed limits across sections of the road. Despite years of advocacy for a lower speed limit, progress has been stalled, with conflicting responses from state representatives. Justine emphasized the dangers residents face, including near misses while retrieving mail. The city council acknowledged her concerns, clarfied enforcement policies, and pledged increased patrols. She and her neighbors plan to escalate the issue to IDOT for further action.

6. Consent Agenda:

a. Resolution 2025-002-R: Authorizing the Purchase of Three (3) 2025 Ford Police Interceptor Hybrid Utility AWD Vehicles from Currie Motors of Frankfort, Illinois for an amount not to exceed $147,315.00 (MJ 12/20/24)

b. Resolution 2025-003-R: Authorization to Purchase Four (4) 2025 Ford Trucks from Morrow Brothers Ford for $228,740.00 (SH 12/27/24)

c. Resolution 2025-008-R: Authorizing Execution of a One-Year Renewable Contract with W.A. Management, Inc. for 2025 East Side Property Maintenance (SH 1/8/25)

d. Resolution 2025-007-R: Approval of Truck Equipment Purchase from Diversied Fleet (SH 1/8/25) CS

e. Resolution 2025-005-R: Approval of Purchase of Overwatch Lift Station Systems at WWTP, for Challenge and Harvell Lift Station Rehabilitation with a cost not to exceed $105,423.35 (ZB 1/7/25) PU

f. Resolution 2025-006-R: Approval of Installation of Overwatch Pump Systems by Dahme Mechanical Industries, Inc. for the Challenge and Harvell Lift Station Rehabilitation in the amount not-to-exceed $376,000 (ZB 1/7/25) PU

g. Resolution 2025-004-R: Approving Task Order #2 with BHMG Engineers, Inc. to Provide Engineering Services for 34kV Circuit Extension (SA 1/2/25) PU

Motion: Approve Consent Agenda as Presented

Maker: Beck

Second: Leman

Voice Vote: 12 Aye, 0 Nay, 2 Absent, Motion Carries.

7. Ordinance 2025-005: Annexing Properties On South Raddant Road And Wagner Road (SCB 12/30/24) CD

*Ald. Solfa joined the meeting at 7:16pm

Scott Buening discussed the annexation of properties on South Raddant Road and Wagner Road as part of an ongoing effort to incorporate island properties surrounded by city limits. Four properties had already been approved through annexation agreements, while the remaining properties, including voluntary petitions, were addressed in this phase. All properties were planned to be zoned R-0 (residential) and assigned to Wards 1 and 6.

Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Malone

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries.

8. Ordinance 2025-004: Conditional Use Permit For A Recreational Cannabis Dispensary In The GC, General Commercial District Dutchess Cannabis, 144 South Randall Road Rubino Ventures, Applicant (DMR 1/8/25) CD

Drew Rackow introduced the proposal to approve a conditional use permit for a recreational cannabis dispensary at the former Arby’s site on Randall Road. Representatives from Dutchess Cannabis, a women-owned and operated company, presented their plans, emphasizing community benefits such as revitalizing a vacant property, generating tax revenue, creating jobs, and offering quality products. They highlighted their commitment to compliance with state regulations, exceptional customer service, and robust security measures.

Safety measures include on-site security personnel, 24/7 camera monitoring accessible to state authorities, controlled access to restricted areas, and ID verification to prevent underage sales. Dutchess intends to join local organizations like the Chamber of Commerce and participate in community events. The dispensary meets all zoning and regulatory requirements, including being over 800 feet from the nearest school.

In public comment, Joan Clayton, a third-generation Batavian, voiced strong opposition to the proposed cannabis dispensary near Batavia High School, citing its proximity to schools and the risk of normalizing drug use for youth. She called cannabis a "gateway drug" and questioned whether the dispensary aligns with Batavia’s values. Joan criticized the timing of previous public meetings, arguing they limited community input, and urged the council to consider alternative locations away from schools and residential areas. She emphasized protecting the town’s integrity and youth, stating that Batavia is "above this" and should not prioritize financial gains over its values.

Lois Doom, a lifelong Batavia resident, opposed the proposed cannabis dispensary, citing its proximity to schools, parks, and churches. She argued dispensaries should be limited to industrial areas, as initially planned, to protect children and avoid societal harm. Lois expressed concerns about increased traffic, crime, and prioritizing financial gains over community well-being. She urged the council to reject the ordinance, emphasizing that "just because something is legal doesn’t make it right."

Police Chief Blowers explained that officers are trained to handle cannabis-related impairment since its legalization in Illinois. He emphasized that all patrol officers receive advanced DUI training, covering both alcohol and drug impairment. The department also has access to local drug recognition experts for additional support.

Currently, Illinois does not have a eld test like a breathalyzer for cannabis; impairment is assessed through observed behavior, and blood samples can be taken for laboratory testing if needed. Impaired drivers are charged at the time of the incident, with potential additional charges depending on test results.

The chief stressed the department’s commitment to enforcement and ocer preparedness while steering the discussion back to the proposed ordinance for the recreational cannabis dispensary. Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Vogelsinger

Roll Call Vote

Aye: Barazza, Lanci, Beck, Malone, Solfa, Wol, Baerren, Leman, Ajazi, Uher, Vogelsinger

Nay: Cerone

Abstain: Pieper

11 Aye, 1 Nay, 1 Abstention, 1 Absent, Motion Carries

9. Presentation And Discussion: Police Department Space Needs Analysis And Master Plan Report

Dave Yandel, principal of FGM Architects, has been working with the city on a police department space needs analysis. He identified significant challenges with the existing station, including inefficient facilities, scattered equipment storage, inadequate roll-call and meeting spaces, unsecured evidence areas risking chain-of-custody breaches, insufficient long-term storage, inadequate training areas, and limited wellness facilities for officers.

The proposal underscores the need for significant upgrades or a new facility to address these issues. Recommended improvements include better patrol workflows, secure evidence storage, and dedicated training rooms for rearms and defensive tactics. Additional wellness spaces, such as larger fitness rooms and decompression areas were also proposed. Expanding secure indoor parking for squad vehicles was deemed essential to reduce response time and protect equipment from extreme weather.

Two facility options were presented: a 45,000 sq. ft. “essential” facility or a 65,000 sq. ft. “optimal” facility. Future plans involve exploring site options, creating detailed budgets, and engaging the community through town halls to ensure support for any decisions. Relocating the station was noted as a potential political challenge, requiring careful communication with residents. The presentation concluded by emphasizing the importance of timely action to avoid escalating costs and to support the police department’s evolving needs.

10. Ordinance 2025-001: Amending Variance Application Fees And Building Permit Fees-Continued (SCB 12/18/25) CD

Scott Buening introduced updates to Ordinance 2025-001, which amends variance application fees and building permit fees to create a fairer and more practical structure. Key changes include reducing the standard residential variance fee from $750 to $500 and lowering the fee for replacing a structure in like condition from $750 to $250. Penalty fees were also adjusted: the penalty for starting work without permits now equals double the permit fee, capped at $1,000 or $500 depending on the variance type.

Additionally, the penalty for building permits without prior approval was set at double the permit fee or $250, whichever is higher.

Council members noted that the revisions strike a balance between holding individuals accountable for violations and ensuring fees are not excessively punitive. The ordinance was approved unanimously, with members emphasizing the importance of clear public communication to encourage compliance with the updated rules.

Motion: Approve Ordinance as Presented

Maker: Uher

Second: Lanci

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries

11. Ordinance 2025-007: Establishing An Amendment To SSA 17 – Hazelwood Pointe Phase 1 And 2 Subdivision (DMR 1/9/25) CD.

This amendment addresses the reconfiguration of two lots on Beckman and South Raddant Road, consolidating the parcels into a single property under SSA 17. This change aligns the property owner’s main residence with the correct tax body, simplifying property tax administration and allowing for parcel consolidation. A public hearing for the amendment is scheduled for the upcoming council meeting as required by state regulations.

Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Solfa

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries.

12. Ordinance 2025-002: Authorizing Approval Of Certificates Of Appropriateness For Buildings At 112 N. River Street (SB 12/23/24) CD

The garage, part of the Larson-Becker property acquisition, was deemed non-historic, meeting the criteria for removal. The garage will be demolished and the site leveled, with temporary ground cover applied until future redevelopment occurs. The council noted that demolition would only proceed after relocating equipment currently stored in the structure.

Motion: Approve Resolution as Presented

Maker: Cerone

Second: Solfa

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries.

13. Ordinance 2025-003: Authorizing Approval Of Certificates Of Appropriateness For Buildings At 106 N. River Street (SB 12/23/24) CD

Acquired as part of the Larson-Becker property purchase, the building has significant structural deterioration, including a sinking floor and a compromised foundation. Despite previous discussions of repurposing the building for apartments, commercial use, or public restrooms, the high cost of restoration made these plans impractical.

The Historic Preservation Commission (HPC) recommended demolition, with provisions for salvaging materials such as beams and siding and preserving the painted sign on the building. The council also discussed the possibility of relocating the structure, offering interested parties until March to propose relocation plans. If no viable relocation options arise, demolition will proceed with an opportunity for material reuse to retain elements of the building's history in future projects.

Council members acknowledged the building's historic significance but emphasized the need for practical redevelopment of the area. The ordinance was approved, with plans to preserve elements of the structure while preparing the site for public amenities or future projects.

Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Solfa

Roll Call

Aye: Barazza, Lanci, Pieper, Solfa, Wol, Baerren, Ajazi, Cerone

Nay: Beck, Malone, Leman, Uher, Vogelsinger

8 Aye, 5 Nay, 1 Absent, Motion Carries.

14. Ordinance 2025-006: Authorizing An Update To The City Liquor Code (MW 1/4/25)

This ordinance updates the city’s liquor code to reflect changes in state regulations and address local needs. Key updates included clarifying licensing requirements for businesses, simplifying the permit application process, and adjusting operational guidelines for liquor sales. The ordinance also introduced provisions to align with evolving industry practices, such as allowing new license types for specific establishments and updating restrictions on hours of operation. The updates aim to modernize the code, reduce administrative burdens for businesses, and ensure compliance with state laws while maintaining community standards.

Motion: Approve Resolution as Presented

Maker: Cerone

Second: Uher

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries.

15. Project Status

A public awareness campaign was launched to promote proper driveway salting practices, with blue cups distributed to illustrate the ideal amount of salt needed. The engineering department announced promotions, with Tim Grim becoming the Assistant City Engineer and Chris Bong advancing to Senior Civil Engineer, following Andrea Pedraza's move to Assistant Public Works Director. The opening of Everdine’s on Wilson Street was confirrmed for Wednesday.

16. Other

None

17. Executive Session

a. Litigation

b. Workers Compensation

Motion: To enter Executive Session at 9:45

Maker: Lanci

Second: Malone

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries.

18. Adjourn

Motion: To exit Executive Session and adjourn Regular Session at 10:00pm

Maker: Solfa

Second: Lanci

Voice Vote: 13 Aye, 0 Nay, 1 Absent, Motion Carries.

https://www.bataviail.gov/AgendaCenter/ViewFile/Minutes/_01142025-2361