Peoria Standard

City of Batavia City Council Met Nov. 2.

Here is the minutes provided by the council:

PLEASE NOTE: These minutes are not a word-for-word transcription of the statements made at the meeting, nor intended to be a comprehensive review of all discussions. Minutes are intended to make an official record of the actions taken by the Committee/City Council, and to include some description of discussion points as understood by the minute-taker. Any references to discussion and /or statements are only to provide greater clarity to the public and they may not reference all, some, or any of an individual speaker’s comments.

1. MEETING CALLED TO ORDER

The meeting was called to order by Mayor Schielke at 7:30 p.m.

2. INVOCATION followed by PLEDGE OF ALLEGIANCE

Mayor Schielke offered a brief invocation. Ald. Miller led the Pledge of Allegiance.

3. ROLL CALL

11 of 14 aldermen were present at roll call.

Aldermen (by ward) in attendance: Jennifer Baerren (1), Michael O’Brien (1), and Keenan Miller (7) attended in person.

Attending by phone: Alan Wolff (2), Martin Callahan (2), Elliot Meitzler (3), Dan Chanzit (3), Tony Malay (4), Joe Knopp (4), Abby Beck (5) and Michael Russotto (6). Absent: Mark Uher (5), Nicholas Cerone (6) and Drew McFadden (7)

Also present were the following:

City Clerk Ellen Posledni

City Attorney Roman Seckel

City Administrator Laura Newman

Public Works Director Gary Holm

Community Development Director Scott Buening (by phone)

Economic Development Consultant Chris Aiston (by phone)

Police Chief Dan Eul (by phone)

4. REMINDER: Please speak into the microphone

Mayor Schielke reminded everyone to use their microphones.

5. ITEMS REMOVED/ADDED/CHANGED

None.

6. CONSENT AGENDA

Ald. Chanzit read the Consent Agenda as follows.

Accept and Place on File:

A. Committee of the Whole Minutes October 12, 2020 and October 13, 2020 B. 2019 Municipal Compliance Reports for the Fire and Police Pension Funds C. 2020 Tax Levy Requests for Collection in 2020 for the Fire and Police Pension Funds Approvals:

D. October 30, 2020 Payroll $875,836.50

E. Accounts Payable Check Register $953,004.73

F. City Council Minutes for October 19, 2020

G. APPROVAL: COW Executive Sessions August 4, 2020, August 25, 2020 and September 1, 2020

H. September 2020 City Council Financial Report

I. ORDINANCE 20-63: Declaring Property to be Surplus and Authorizing Sale Thereof (SH 10/21/20 COW 10/27/20 13/0) CS

J. RESOLUTION 20-120-R: Authorizing an Intergovernmental Agreement Between the City of Batavia and the County of Kane for Household Hazardous Waste Collection Services and Rider to the Offer to Contract (RFP 20-017) with US Ecology (SH 10/14/20 COW 10/27/20 13/0) CS

K. RESOLUTION 20-121-R: Authorization to Execute a Contract for 2020-2021 Snow and Ice Removal Services with Shamrock Hardscapes and Restoration, Inc. for an Amount Not to Exceed $70,000.00 (SH 10/21/20 COW 10/27/20 13/0) CS

L. RESOLUTION 20-123-R: Approving a resolution to apply for Illinois Transportation Enhancement Program (ITEP) funding for Batavia Ave (IL Rt 31) Road Diet conversion from Fabyan Parkway to Millview Drive (RB 10/23/2020 COW 10/27/20 13/0) CSM. ORDINANCE 20-62: Surplus Police Vehicle (SM 9/18/20 COW 10/20/20 13/0) GS N. RESOLUTION 20-114-R: Authorizing the Execution of a One-Year Renewable Contract with Drendel and Jansons Law Group to Provide Local Prosecutor Services (SM 9/18/20 COW 10/20/20 13/0) GS

O. RESOLUTION 20-122-R: Approving a construction contract to Carlisle Utility Company For upgrading 15kV underground circuit along Pine Street for an amount not to exceed $134,759 which includes 10 percent contingency Amount (RB 10/23/2020 COW 10/27/20 12/0) PU

Motion by Ald. Chanzit, seconded by Ald. O’Brien, to approve the Consent Agenda as presented. Motion carried 11 yea/ 0 nay/ 3 absent.

7. MATTERS FROM THE PUBLIC: (For Items NOT on the Agenda) None.

8. PUBLIC HEARING 7:30 P.M.: Proposed Near East Downtown District Tax Increment Financing Redevelopment Plan and Program (TIF #6) (Chris Aiston)

Director Buening explained that the hearing was being held to consider establishment of the Near East TIF District, TIF 6. The Joint Review Board voted in favor of the new TIF, 6-2 (three ordinances: approve the TIF, establish the TIF and adopt the TIF).

Economic Development Consultant Chris Aiston attended the meeting virtually and shared a presentation regarding TIF 6. He said there are three considerations on the matter: the feasibility study, the redevelopment plan and program, and whether the plan and program satisfy the requirements of the TIF Act. Per Mr. Aiston:

• The feasibility study showed TIF 6 was feasible as a Conservation Area TIF. It would be 12.27 acres with 30 parcels. Nearly all of the structures are at least 35 years old. In addition:

o Structures and/or surface improvements show deterioration.

o Structures do not meet minimum code standards.

o Area shows lack of community planning.

o The project area has experienced a decline in EAV in at least three of the last five years.

• The Redevelopment Plan and Program is for mixed-use property. There would be eight redevelopment phases over 15 years, and Mr. Aiston reviewed the potential build-out: At the end of the TIF, the EAV for the area is estimated to be $48 million, 35 times the existing EAV, which was $1.4 million in 2019. Estimated redevelopment costs are $33.5 million.

o Plan objectives:

▪ Encourage higher density residential projects.

▪ Encourage mixed-use, residential/commercial developments.

▪ Maintain street-level building spaces for commercial enterprises.

▪ Address deterioration of existing building stock and surface improvements.

▪ Encourage redevelopment and building remodeling projects.

▪ Coordinate land use and transportation planning.

▪ Enhance the marketability of vacant and underutilized properties and encourage private investment to strengthen the city’s tax base.

▪ Create a safe and attractive pedestrian environment.

▪ Encourage public/private partnerships.

o Plan and program findings:

▪ Redevelopment Project Area has not been subject to growth and one cannot reasonably expect the area to be developed consistent with the city’s existing plans and policies without adoption of this Redevelopment Plan.

▪ The Redevelopment Plan and Program conforms to the city’s Comprehensive Plan.

▪ The Redevelopment Plan and Program does not contemplate the

displacement of 10 or more existing housing units, nor are there at least 75 existing housing units within the Redevelopment Project Area; therefore, November 2, 2020, Minutes of the Batavia City Council, Batavia, Illinois Page 3 of 11 per the TIF Act, there is no requirement to complete a Housing Impact Study.

▪ The actual Redevelopment Plan and Program’s date of completion shall be no later than December 31 of the year in which the payment to the city treasurer is made with respect to ad valorem taxes levied in the 23rd calendar year after the year in which the ordinance approving the redevelopment project was adopted.

• The JRB considered whether the plan and program satisfy plan requirements for the TIF Act, whether the area is feasible as a Conservation District and whether the plan and project are consistent with TIF Act objectives.

The Public Hearing was called to order at 7:59 p.m.

Bill Carlson, 102 N. River Street, addressed the Council in person. He noted he is totally opposed to new taxes, and wondered how the map was created and why it excluded several adjacent properties. He said 15 or 16 parcels are city-owned parcels that won’t pay into the TIF.

Administrator Newman explained there would be no tax increase. She said as property value increase, the TIF will capture taxes from the increased value. The base value will be re established at the beginning of the TIF.

Mr. Carlson asked why the other properties were excluded. Administrator Newman explained that the west side of N. River Street is already part of a TIF and couldn’t be disconnected. Mr. Carlson said the city has been working on this for months, and he can’t comprehend it in 15 minutes, but he doesn’t think this is right. He said he doesn’t know what the city is planning but believes they are pushing out property owners to do what they want with the properties.

Administrator Newman shared examples of what has been accomplished with TIF 1. Mr. Carlson said he understands what the city is doing, and he will be glad when he is able to leave Batavia.

Mayor Schielke said Mr. Carlson’s property stands to become very valuable due to its location. He added that many suburbs have done similar projects, including Elmhurst, which built a 12- story high-rise that was very controversial. He said it was largely accepted by commuters, and attracted more restaurants and retail. Elmhurst was built out and now has something that generates $2 million in taxes every year for schools. Downers Grove has told the same story, and Western Springs is beginning to feel the positive impacts of their project. He said it will not negatively affect the value of Mr. Carlson’s property.

Mr. Carlson said this is a Shodeen project, and he hears that State Street and River Street will be closed during construction, which will hurt his tenants. Administrator Newman acknowledged that some staging will be done in the area, but the contract with the developer includes language requiring them to minimize impacts to area streets.

Mr. Carlson said he has been threatened with eminent domain from the city many times.

November 2, 2020, Minutes of the Batavia City Council, Batavia, Illinois Page 4 of 11

Michael Bily, 218 N. Water Street, addressed the Council by phone. He said he had been watching the One Washington Place project develop for a few years, and now he is a Batavia resident. He acknowledged the issue here is approving the TIF, but noted that this is ultimately about building One Washington Place. He said he had no concerns about the TIF if used properly, but does not believe the OWP project is well-planned. He said the city will end up with less public parking than what is now available, and that the six-story building will be unsightly, seriously impacting the charm and welcoming feel of the downtown area. He said the city has done a good job maintaining the historic character of the downtown, but he objects to the size of OWP. He suggested reducing the floors would leave more parking and make the building less prominent. He said if TIF approval is needed for the project to move forward, he suggests the Council vote against the TIF and rework the project.

Michael Marconi addressed the Council by phone. He asked why the TIF could not be expanded to include additional properties, noting that several area building could benefit. Mayor Schielke noted that those other buildings are in another TIF already. Administrator Newman concurred, adding that TIF 1 has four years to go. Mr. Marconi noted that funding for development is hard to come by right now.

Administrator Newman said the city could consider establishing other TIFs, but they felt for TIF 6, this was a manageable group of contiguous properties. Director Buening added that the city can’t consider increasing the size of the TIF at this stage, and it would require starting the entire approval process over again. Mr. Marconi asked if funds were still available in the other TIFs, and Director Buening said yes.

Mr. Marconi asked why some properties on the map in Mr. Aiston’s presentation had hashmarks on them. Mr. Aiston explained that those properties are not designated for total redevelopment; he said the city expects those to do rehab/remodel projects, but would not be complete tear downs for new construction.

Mr. Marconi asked if the schedule means you can’t do work until your phase. Mr. Aiston said the schedule is a guideline; if projects are proposed earlier, the city could work with property owners to reimburse them over time as TIF funds are available. The map and schedule are not intended to be restrictive.

Mr. Marconi noted that the Boardwalk Shops are part of TIF 6. Does this mean the city is considering getting rid of them? Administrator Newman said the point of the Boardwalk Shops was to attract interest to an area. They could be relocated. They were never intended to be permanent structures.

Having heard all public comments, Director Buening explained the city would now close the Public Hearing and bring the ordinances to the November 16 Committee of the Whole meeting for consideration, and then to a City Council meeting for formal adoption.

November 2, 2020, Minutes of the Batavia City Council, Batavia, Illinois Page 5 of 11

These written statements were submitted for the Public Hearing:

Why do we continue to move forwards with this project? Is there some backroom deal? This project does not meet the smell test. It does not fit the character of Batavia. We are giving everything and not receiving much in return.

Ann and Dan Donohue

Daniel T. Donohue

1211 Schiedler Drive

Batavia, Illinois 60510

_____________________________________________________________

To the Council,

This project has been a debacle since Shodeen was contracted to develop it. They have made excuse after excuse, most at taxpayer expense, to delay and increase the costs. The planned development would be an eyesore in downtown Batavia. Just take and look at the so called luxury apartment project they've developed at Randall and 38 in St. Charles. It looks more like a military barracks than what they call it.

If there is still a chance to kill this blight, I would encourage those of you who support Shodeen to reconsider. Wait for a developer who is actually ready to invest in our community and work with us to build something that we can all be proud of and will assist in reinvigorating our downtown. I believe this development as it is currently planned will ultimately be little more than a burden on Batavia's taxpayers.

Thank you for your consideration.

Bill Fox

1103 Schiedler Drive

______________________________________________________________

Mayor and City Council,

I ask once again that you please do not create a new TIF district from the already existing TIFs.

Some of those properties will be held in TIFs for 54 years, which is well beyond the intent of TIF laws that place a limit of a maximum 35 years with extension. You will be setting a bad precedent of creating TIFs without limit.

You will be going against the School District that stands the most to lose from your TIF project. They voted against it at the Joint Review Board, and the Township voted against it as well, in support of the School District. This new TIF is before you because the School Board unanimously rejected the extension of TIF 5. They had that right, by law. Extension of a TIF district requires state legislative approval, and the legislators look for the support of the other taxing bodies. This

November 2, 2020, Minutes of the Batavia City Council, Batavia, Illinois Page 6 of 11

new TIF is not really new, but is an extension of existing TIFs in an end run around those taxing bodies AND the state legislature and is JUST PLAIN WRONG!

We have laws for a reason. When you start arguing you can do something because the law doesn't expressly prohibit every action imaginable, while ignoring the intent of the laws, you lose integrity. You become dishonest politicians, the kind one would expect in Chicago, not Batavia.

You can find another project for the existing TIF 5 in the time that remains, one that the whole Council can get behind and that the people will support.

Please vote NO to this new TIF.

Sincerely,

Sylvia Keppel

1420 Becker Ave

Batavia

Motion by Ald. O’Brien, seconded by Ald. Baerren, to adjourn the Public Hearing. Motion carried 10 yea/ 0 nay/ 4 absent.

The Public Hearing adjourned at 8:28 p.m.

9. CHAMBER OF COMMERCE

Chamber President and CEO Margaret Perreault reported the Chamber remains hard at work during the pandemic, helping businesses apply for state grant money, which is being awarded on a rolling basis. Details are on their website. A new federal loan program has also been launched that lowers the minimum loan amount to $100,000. Education sessions also continue.

Ms. Perreault shared a list of upcoming events. She noted the Inspire Awards have been postponed until May, although the Citizen of the Year will still be announced in December. Nominations continue to be accepted.

Other reports:

• The 2021 Community Guide and Membership Directory is now being produced, with advertising opportunities still available.

• Residents are being asked to continue supporting local restaurants by ordering carry-out. 

• Despite the pandemic, several organizations and businesses have joined the Chamber in the last month.

• Chamber Bucks in $10 denominations are being sold that can be used at 65 businesses. They can be purchased online or in the Chamber office. Beginning November 16, the Chamber is doubling the value of Chamber Bucks, with a $50 cap per person, until a maximum of $2,500 has been reached.

Thomas Wendel, VP Sales, Advanced Compressor Technology, addressed the Council. The company moved to Louis Bork in 2002. It works on large compressors used in major corporations nationwide, and had a contract to maintain Fermilab compressors. They company employs 50 people and is always looking to hire more. A college education is not required. Employees travel all over the U.S. and beyond.

Mayor Schielke said the city is honored to have ACT in Batavia, noting that the city has 1,350 acres zoned industrial, most of which has already been developed. He said the whole area has an international flavor, is very clean and offers good jobs.

Ald. Baerren asked what skills the company is looking for in new hires. Mr. Wendel said they are seeking people with a good work ethic who are mechanically inclined.

10. MOTION: Approve Bid and Sale of Parcels North and West of 917 N. Van Buren Street – 2/3 vote required (SCB 10/14/20)(COW 10/27/20 13/0) GS

Community Development Director Scott Buening introduced the item related to the sale of a remnant parcel at 917 N. Van Buren Street. One bid was received for $9,000. Staff recommends accepting the bid, noting that easement will be maintained.

Motion by Ald. O’Brien, seconded by Ald. Malay, to approve the motion as presented. Motion carried 11 yea / 0 nay / 3 absent.

11. APPROVAL: Approval of Request from Suncast Corporation to Install a 1,230 KW Photovoltaic System at their 1801 Suncast Lane Facility (GH 10/16/20 COW 10/20/20 8/5) PU

Ald. O’Brien noted that the current ordinance only allows residential and commercial photovoltaic systems, not industrial. He said he supports the request from Suncast, noting they are a responsible entity in the city and want to utilize green infrastructure.

Ald. Wolff agreed with Ald. O’Brien, saying this is a huge employer in the city, and while this is a large volume to allow, it’s a small portion of the electricity they use.

Ald. Callahan said he did not support the request because it eats up the availability for residential and commercial users to diversify their electrical systems. He reviewed the original discussions from 2016 and 2017, and said that is why industrial was initially excluded, because they wanted to encourage environmental sustainability for smaller residents and businesses that could not afford a large system. Also, if this was approved, no other industrial customers would be able to take part. If the city wants to pursue allowing industrial photovoltaic systems, that should be a separate discussion.

Motion by Ald. O’Brien, seconded by Ald. Miller, to approve the request as presented. Motion carried 8 yea / 3 nay / 3 absent.

Ald. Wolff said if they want to discuss having a separate ordinance to control industrial usage, they should put that on the agenda for a future COW meeting.

November 2, 2020, Minutes of the Batavia City Council, Batavia, Illinois Page 8 of 11

12. APPROVAL: Waive Formal Bidding to Award a Contract with Midwest Public Safety to Provide Getac Body Worn Cameras to the Batavia Police Department Ald. Chanzit introduced the item that would allow the city to participate in the purchasing program through the state.

Motion by Ald. Chanzit, seconded by Ald. Baerren, to approve the waiver as requested. Motion carried 11 yea / 0 nay / 3 absent.

13. RESOLUTION 20-125-R: Waive Formal Bidding to Award a Contract with Midwest Public Safety LLC to Implement a Body Worn Camera Program for an Amount Not to Exceed $149,187 (DE 10/22/20 COW 10/27/20 13/0) GS

Mayor Schielke applauded the City Council for putting this into place. He strongly supports it, and said it brings comfort and awareness for everyone to be able to understand police interactions.

Ald. Wolff thanked Chief Eul for taking the time to put this plan together. He suggested they discuss at an upcoming COW what kind of protocol should be in place for how to handle releasing footage to the public. A policy should be in place to guide those decisions. Mayor Schielke said the chief if already working on that and will present their plan for how to handle public release of footage.

Chief Eul said they are looking at a couple of model policies from other departments and options will be presented at a future meeting.

Motion by Ald. Chanzit, seconded by Ald. O’Brien, to approve the resolution as presented. Motion carried 11 yea / 0 nay / 3 absent.

14. RESOLUTION 20-124-R: Approving a resolution to apply for Illinois Transportation Enhancement Program (ITEP) funding for Fox River Bike Path Construction (RB 10/23/2020 COW 10/27/20 12/1) CS

Ald. Wolff introduced the item, noting that a discussion began in 2017 to realign the bike path around the wastewater treatment plant and perform some river bank stabilization. This grant would help fund the project.

Motion by Ald. Wolff, seconded by Ald. Miller, to approve the resolution as presented. Motion carried 11 yea / 0 nay / 3 absent.

15. RESOLUTION 20-113-R: Authorizing the Execution of a One-Year Renewable Contract for Victim and Crisis Services with the Association for Individual Development; AID (SM 9/18/20) GS

Chief Eul said the Police Department is extremely pleased with its relationship with AID and access to a full-time social worker.

Mayor Schielke said the city has a great need for these services, and this is a very valuable tool. He said it has saved lives, and he strongly supports renewing the contract.

Ald. Wolff said he agreed, saying it is the best money the city spends every year as it helps the department provide services to people who need them while reducing stress on officers not trained for that type of work.

Motion by Ald. Wolff, seconded by Ald. Baerren, to approve the resolution as presented. Motion carried 11 yea / 0 nay / 3 absent.

16. ADMINISTRATOR’S REPORT

Administrator Newman announced that Waste Management has acquired Advanced Disposal, but there should be no difference in service or what the city pays, as the existing contract will be honored.

The next budget meeting will be November 10 at 7 pm, followed by a Public Hearing. Finance Director Peggy Colby is fielding questions from the public and posting answers to a Q&A page on the city’s website.

Leaf pickup is ongoing this week on the East Side and will move to the West Side next week. A third and final round may be done November 16 and November 23, weather-permitting.

Ald. Wolff reminded everyone to pile leaves in parkways and not in the street, and keep the drains clear.

Mayor Schielke asked if there was an update on Main Street construction. Administrator Newman said sidewalk replacement on South Batavia Ave. would be done at the end of the month, and the intersection will be done around Thanksgiving. However, a lot of restoration will not be able to be completed until spring.

Public Works Director Gary Holm said businesses will have new sidewalks and curbs, but asphalt plants close at Thanksgiving for the winter.

17. COMMITTEE REPORTS

For Community Development, Ald. Callahan said the Plan Commission and ZBA will consider a variance for a front porch, plans for a spec building and some amendments to text of the zoning code.

18. OTHER BUSINESS

Ald. Callahan said language on Storehenge was changed due to a sensitivity around language related to mental illness. He noted that the term “grandfathering” came out of an election law that discriminated against African Americans, and suggested everyone should refrain from using the term.

Ald. Beck said that the City Council signed on to the Greenest Region Compact, and the Greenest Region Corps Program supplies support staff to cities to help them live up to the compact. She said the Tri-Cities are considering establishing a sustainability plan together, like a strategic plan for building sustainable communities. The deadline to request this type of staff support is November 10. The request is not binding, and St. Charles is likely to go ahead with it regardless. The cost for the support person would be $20,000, and would be split among the three cities. A formal agreement isn’t needed until July, but the initial request would put them on the list in the meantime while the city pursues possible funding for the program. If funds aren’t available, they don’t have to follow through with the agreement.

Mayor Schielke said the Metropolitan Mayor’s conference is behind the Greenest Region program and he suggested it would be good for the Tri-Cities to join together for this, and said it would be an opportunity to do some interesting things in the city.

Ald. Baerren asked if Ald. Beck has spoken to anyone in North Aurora. Ald. Beck said she doesn’t have any connections in North Aurora, but would be open to reaching out. Administrator Newman said she can reach out to the city administrator there.

Motion by Ald. Beck, seconded by Ald. O’Brien, to pursue staff support from the Greenest Region Corps Program for a Tri-Cities environmental initiative, part of the Greenest Region Compact backed by the Metropolitan Mayor’s Caucus. Motion carried 11 yea / 0 nay / 3 absent.

19. MAYOR’S REPORT

Mayor Schielke said the state is looking at once again closing restaurants, and the pandemic continues to present one of the most complex situations he’s ever faced. All cities are having the same conversations, and Mayor Lightfoot also has strong feelings about the state’s actions. No one is quite sure what the law is. A recent court case allowed one restaurant in Geneva to stay open. The Illinois General Assembly is not showing leadership.

Chicago Export-Import has done a great job of supplying the city with masks. The city continues to give out masks to churches, elder care facilities, etc.

Now, Batavia businesses are defying the governor’s order. The Police Department is not stopping them, closing or arresting anyone, but businesses are being given notices and are reported to the Kane County Health Department. Mayors are trying to come up with some leniency to allow restaurants to stay open. Gatherings remain a hot issue in the region, especially with election night approaching. Police continue to be put in a difficult situation.

20. ADJOURNMENT

Motion by Ald. O’Brien, seconded by Ald. Wolff, to adjourn. Motion carried by voice vote. The meeting adjourned at 9:36 pm.