Kane County Reporter

City of Batavia Committee of the Whole met April 15

Here are the minutes provided by the committee:

1. Roll Call

Present: Barazza, Lanci, Beck, Pieper, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Absent: Leman

Also in Attendance: Max Weiss, Scott Buening, Andrea Podraza, Jeff Albertson, Rahat Bari, Mayor Schielke, Laura Newman, Ellyn Theis

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

3. Items Removed/Added/Changed

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

5. Consent Agenda:

a. Resolution 2025-051-R: Renewing Fermi Fiber Lease Agreement for SOW#5 (SKA 4/04/25) PU

b. Resolution 2025-049-R: Authorizing Repair of Cherry Park Transformer (SKA 4/08/25) PU

c. Resolution 2025-039-R: Authorizing Loan Forgiveness to Water Street Studios for the Loan Year commencing March 14, 2024, through March 13, 2025 (MW 4/09/25)

d. Resolution 2025-052-R: Accepting a Plat of Dedication of Part of Morton Street (1125 Morton Street) (ZE 4/10/25) CD

e. Resolution 2025-053-R: Accepting a Plat of Dedication for Property along Windsor Lane & Waubonsee Trail (500 Waubonsee Trail) (ZE 4/10/25) CD

f. Ordinance 2025-024: Accepting a Plat of Vacation along Windsor Lane (436 & 500 Waubonsee Trail) (ZE 4/10/25) CD

g. Resolution 2025-050-R: Authorizing Agreement with Upland Design Ltd for Landscape Architectural Services for Public Restroom Plaza (MW 3/25/25) CS

h. Ordinance 2025-020: Amending Title 3, Chapter 3 (Liquor Control) of the Batavia Municipal Code (MW 3/27/25) GS

Motion: Approve Consent Agenda With an Amendment to move item a to 5a to Regular Agenda

Maker: Beck

Second: Uher

Voice Vote: 13-0, 1 Absent, Motion Carries.

5a. Resolution 2025-051-R: Renewing Fermi Fiber Lease Agreement for SOW#5 (SKA 4/04/25) PU

Motion: Approve Resolution as Presented

Maker: Beck

Second: Vogelsinger

Roll Call Vote

Aye: Barazza, Lanci, Beck, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Nay: None

Abstain: Pieper

12-0, 1 Abstention, 1 Absent, Motion Carries.

6. Resolution 2025-057-R: Approval Of Task Order #8 Dam Removal Feasibility Study With V3 Companies In The Amount Of $19,950 (RB 4/11/25) CS

In January, the city issued an RFP for a feasibility study to evaluate Concept B (a whitewater or kayak chute concept), but both responding proposals included extensive engineering work not originally intended by the council.

The goal was to estimate costs, identify permitting steps, timelines, and assess economic impact, not to dive into full design or engineering work.

Ald. Uher raised concerns that Concept B, as designed by the Hitchcock Group, didn't match the original vision of a whitewater park (like Yorkville’s), and suggested working with a design firm first to create a more refined concept. A Colorado-based firm, Calibbre, was mentioned as a potential candidate with a preliminary design estimate of $15,000. Council members debated whether a design should precede or follow feasibility and permitting studies.

There was disagreement on the proper sequence and necessity of spending money now without firm commitments from state or federal agencies (IDNR or Army Corps of Engineers) for dam removal funding. Some argued that investing now could be wasted if no future support materializes, while others warned that delaying might result in losing future funding opportunities due to unpreparedness.

Several council members emphasized that voters and the council had already chosen Concept B and that planning should proceed accordingly to prevent a repeat of past inaction, like when state funding was lost to Yorkville due to Batavia’s delay. Others stressed that even if Concept B was approved, the feasibility—especially in terms of permits and funding—must still be established.

Concerns were raised about how changes to the dam might impact the park district's pond, programming, and the need for cooperative planning between the city and the park district. The importance of being prepared for an emergency dam failure was also discussed.

This discussion will be tabled and the council directed staff to gather side-by-side proposals from both V3 and Calibbre, ensuring clarity on what services each firm would provide and whether they could complement one another.

Motion: Table Resolution

Maker: Beck

Second: Uher

Roll Call Vote

Aye: Barazza, Lanci, Beck, Pieper, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Nay: None

13-0, 1 Absent, Motion Carries.

7. Resolution 2025-056-R: Waiving The Formal Bidding Process And Approval Of A Contract With Electric Conduit Construction In The Amount Of $450,245, Including A 10% Contingency, For The Relocation Of Electric Infrastructure Related To The Peace Bridge Pedestrian Ramp Construction. (RB 4/11/25) PU Discussion Combined Items 7, 8 and 9

In a recent city council meeting, officials discussed updates on the Peace Bridge bike and pedestrian ramp project, which aims to improve accessibility on the east side of the bridge for cyclists, parents with strollers, and others.

The city previously approved a design contract with V3 Companies in September 2024, and the design is now 80% complete. To avoid delays due to weather and permitting, staff recommended moving forward with a “Construction Manager at Risk” approach, allowing V3 to begin work before the design and permits are finalized.

V3 has gathered subcontractor pricing for various aspects of the job and selected the lowest qualified bidders. A major component of the project involves relocating underground electric conduits that conflict with the planned ramp and future site development; this relocation is estimated to cost about $541,000. The project will be funded using available balances from TIF Districts 1 and 3, totaling approximately $5.4 million.

Construction will not interfere with the farmers market or pedestrian traffic, and Saturday work will be prohibited.

Appropriate safety barriers will be installed during construction. In addition, the council briefly explored the idea of establishing a policy to dedicate a small percentage of project budgets to public art.

The Batavia Park District, which owns the adjacent bike path, expressed strong support for the project, and further discussions will determine which agency will be responsible for maintenance during winter and flood conditions.

Motion: Approve Resolution as Presented

Maker: Beck

Second: Malone

Roll Call Vote

Aye: Barazza, Lanci, Beck, Pieper, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Nay: None

13-0, 1 Absent, Motion Carries.

8. Resolution 2025-054-R: Waiving The Formal Bidding Process And Approving A Contract With V3 Construction Group, Ltd. In The Amount Not To Exceed $2,579,820.00 Which Includes 10 Percent Contingency Amount To Construct The Peace Bridge Bike Ramp. (CB 4/11/25) CS

Discussion Combined Items 7, 8 and 9

Motion: Approve Resolution as Presented

Maker: Uher

Second: Malone

Roll Call Vote

Aye: Barazza, Lanci, Beck, Pieper, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Nay: None

13-0, 1 Absent, Motion Carries.

9. Resolution 2025-055-R: Approving A Temporary Construction Easement Agreement With The Batavia Park District For The Peace Bridge Bike Ramp Area Adjacent To The Peace Bridge. (CB 4/11/25) CS

Discussion Combined Items 7, 8 and 9

Motion: Approve Resolution as Presented

Maker: Malay

Second: Ajazi

Roll Call Vote

Aye: Barazza, Lanci, Beck, Pieper, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Nay: None

13-0, 1 Absent, Motion Carries.

10. Resolution 2025-058-R: Authorizing Execution Of A Highway Authority Agreement With SBG Real Estate LLC (LN 4/10/25) GS

Discussion Combined Items 10, 11 and 12.

The property at 24 North Batavia Avenue, owned by SBG Real Estate LLC, is undergoing environmental remediation due to contamination from old underground storage tanks. The Illinois Environmental Protection Agency (IEPA) requires two final steps before issuing a "No Further Remediation" (NFR) letter: (1) the city must pass a groundwater ordinance prohibiting the use of potable wells in a defined area, and (2) the city must sign a Highway Authority Agreement acknowledging the presence of contaminated soil under a portion of Houston Street.

Although the IEPA does not require immediate soil removal, the city will likely incur future costs when utilities under Houston Street need replacement, as contaminated soil will require testing and costlier disposal. To offset these potential future expenses, the property owner has agreed to pay the city $10,000, which will be deposited into the general fund and invested.

In addition to approving the groundwater ordinance and the highway authority agreement, the council also authorized the supplemental agreement outlining the owner's payment. It was agreed that obtaining the NFR letter would help restore the property's value and return it to productive use.

Motion: Approve Resolution as Presented

Maker: Malay

Second: Ajazi

Voice Vote: 13-0, 1 Absent, Motion Carries.

11. Resolution 2025-059-R: Authorizing Execution Of A Supplemental Agreement With SBG Real Estate LLC (LN 4/10/25) GS

Discussion Combined Items 10, 11 and 12.

Motion: Approve Resolution as Presented

Maker: Malay

Second: Ajazi

Voice Vote: 13-0, 1 Absent, Motion Carries.

12. Ordinance 2025-026: An Ordinance Prohibiting The Use Of Groundwater As A Potable Water Supply By The Installation Or Use Of Potable Water Supply Wells Or By Any Other Method (LN 4/10/25) GS

Discussion Combined Items 10, 11 and 12.

Motion: Approve Ordinance as Presented

Maker: Malay

Second: Ajazi

Voice Vote: 13-0, 1 Absent, Motion Carries.

13. Discussion: Overview Of Adoption Of 2021 International Code Series (JA 4/9/25)

The city plans to present these codes in small batches across several meetings to allow time for detailed discussion, especially for major codes like the residential, commercial, and fire codes. The goal is to return to a regular six-year update cycle to stay aligned with regional standards and ensure modern, safe development.

• International Building Code (IBC):

The IRC regulates one- and two-family dwellings and townhomes. The proposed update will move Batavia to the 2021 edition. While the format remains largely the same, many previously adopted local amendments are now part of the base code, allowing for their removal or adjustment. The most notable proposed change is requiring sprinkler systems in new duplexes, though single-family homes will remain exempt, which aligns with collaboration between the city and the fire department. Converting a single-family home into a duplex would trigger the sprinkler requirement under the existing building code.

• International Fire Code:

The IBC governs commercial, industrial, and multifamily residential structures. Updates aim to align Batavia with the 2021 edition and include a key proposal to reduce the minimum square footage threshold for requiring sprinklers in new commercial/industrial buildings. This change results from ongoing collaboration with the fire department and seeks a balanced threshold that supports safety without overburdening small auxiliary buildings.

• International Property Maintenance Code:

This code covers upkeep standards for structures and properties, including deterioration, junk storage, and vegetation. Batavia last updated this code in 2015, so fewer changes are expected. While items like chipped paint are addressed, enforcement will remain focused on significant deterioration, not minor cosmetic issues. Council members stressed the need for clear metrics to ensure consistent, fair enforcement.

• International Fire Code:

Closely tied to the IBC, this code governs fire safety after occupancy begins. It focuses on flammable materials, fire extinguisher compliance, clear exit routes, and annual fire safety inspections. The fire department will lead the presentation of this update. It supports ongoing safety through post-occupancy use regulations, rather than initial building design.

• International Property Maintenance Code:

This code covers upkeep standards for structures and properties, including deterioration, junk storage, and vegetation. Batavia last updated this code in 2015, so fewer changes are expected. While items like chipped paint are addressed, enforcement will remain focused on significant deterioration, not minor cosmetic issues. Council members stressed the need for clear metrics to ensure consistent, fair enforcement.

• International Mechanical Code:

This code governs HVAC systems and indoor air quality. The 2021 update primarily reflects new products and processes, with no major changes expected to core requirements. It works in tandem with the fuel gas code to ensure safe and efficient mechanical systems in all building types.

• International Energy Conservation Code:

This code regulates insulation, air sealing, and energy systems. As of January 1, 2024, Illinois mandates adoption of the 2021 edition with state amendments. A new "Stretch Energy Code" is also available, offering more stringent standards. Batavia proposes adopting the base code now, with future review of the stretch version. The code covers energy efficiency for HVAC, lighting, and building envelope systems.

• National Electrical Code (2020 edition):

The city will adopt the 2020 NEC, which complements the 2021 I-Code series. The main changes include updated rules for solar energy systems and electric vehicle (EV) charging infrastructure, both of which have seen rapid growth. Most changes involve adapting to new technologies rather than altering core requirements.

• Illinois Plumbing Code (2014):

This state-mandated code governs plumbing systems and is currently at the 2014 edition. Batavia is not proposing any amendments, as any local changes must be more stringent than the state code and approved by the state. An update is anticipated in the future, but no current timeline is in place.

• International Swimming Pool and Spa Code:

This relatively new code consolidates pool regulations into one place, covering both public and private pools. The most significant proposal is whether to allow automatic pool covers instead of perimeter fences. City staff expressed concerns about safety risks, noting that covers must be manually closed and could be left open, unlike self-latching gates. This topic will be discussed further due to its safety implications.

• International Existing Building Code:

This code provides requirements for renovations, additions, and remodels of existing structures. It replaces the previous model where such regulations were a chapter in the IBC. The more substantial the project, the more upgrades are required to bring the building up to code. This also covers scenarios like converting a home into a duplex, which may trigger fire safety upgrades such as sprinklers and alarms.

16. Executive Session: Purchase Of Real Estate

Motion: To Enter Executive Session

Maker: Malay

Second: Lanci

Roll Call Vote

Aye: Barazza, Lanci, Beck, Pieper, Malone, Solfa, Wolff, Baerren, Ajazi, Malay, Uher, Cerone, Vogelsinger

Nay: None

13-0, 1 Absent, Motion Carries.

17. Adjournment

Motion: To Exit Executive Session and Adjourn the Regular Session 9:00pm

Maker: Solfa

Second: Malay

Voice Vote: 13-0, 1 Absent, Motion Carries.

https://www.bataviail.gov/AgendaCenter/ViewFile/Item/21713?fileID=16676