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Monday, June 30, 2025

City of Batavia Committee of the Whole met May 27

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Mayor Jeffery Schielke | City of Batavia Website

Mayor Jeffery Schielke | City of Batavia Website

City of Batavia Committee of the Whole met May 27.

Here are the minutes provided by the committee:

Meeting Called to Order 7:00pm

1. Roll Call

Present: Barazza, Lanci, Beck, Malone, Solfa*, Wolff, Baerren, Leman, Lohmen, Farenbach, Anderson

Absent: Vogelsinger*, Malay, Pieper

Also in Attendance: Drew Rackow, Max Weiss, Wendy Bednarek, Scott Buening, Police Chief Blowers, Fire Chief Hanson, Anthony Isom, Jeff Albertson, Andrea Podraza, Ellyn Theis, Laura Newman, Mayor Schielke

2. Reminder: Please Speak Into The Mic for BATV

3. Items Removed/Added/Changed

None

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

None

5. Consent Agenda:

a. Resolution 2025-079-R and 2025-080-R: Approving contract with Builders Paving, LLC for 2025 Street & SW program & Authorizing MFT with IDOT (TG 5/21/2025) b. Resolution 2025-081-R: Authorizing the Execution of a Contract in the amount not to exceed $833,6960.00 for the Batavia Interfaith Food Pantry & Clothes Closet Remodeling Project at 916 First Street with KWCC Construction, Inc,. of Montgomery, Illinois. (SH 5.23.2025)

Motion: Approve Consent Agenda as Presented

Maker: Beck

Second: Malone

Voice Vote: 10-0, 4 Absent, Motion Carries.

6. Ordinance 2025-033: Annexing Properties Of South Raddant Road And Wagner Road (SCB 5/19/2025)

This ordinance involves the involuntary annexation of 14 properties (including 13 homes) near South Raddant Road and Wagner Road. This action is part of an ongoing effort to annex surrounding “island” areas around the city. Although letters were sent a year ago and 11 property owners in nearby areas had previously submitted voluntary petitions, none of the property owners in this particular section did. The city already provides road maintenance and some utilities to these properties.

Residents will not be forced to make immediate changes unless they undertake major improvements or experience system failures, in which case utility connections may be required. A downside for residents is that they must change to city addresses. No residents were present to speak at the meeting. Ald. Solfa, who represents residents in this ward, has not received any questions or feedback.

Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Solfa

Roll Call Vote

Aye: Barazza, Lanci, Beck, Malone, Solfa, Wolff, Baerren, Leman, Lohman, Farenbach, Anderson

Nay: None

11-0, 3 Absent, Motion Carries

7. Resolution 2025-076-R: Approving A Plat Of Dedication For A Portion Of Center Avenue (DMR 5/22/25)

*Item 7 was discussed in conjunction with Item 8

*Ald Vogelsinger entered the meeting at 7:25

Drew Rackow discussed two related items regarding a property on Center Street (formerly Center Avenue). The first was Ordinance 2025-076R, approving a plat of dedication that would designate 8 feet of land for right-of-way purposes and a 20x20-foot space for a potential future turnaround.

The second item was Resolution 2025-077R, which involved variations from subdivision requirements requested by the property owner, Michelle Lambert, to allow relief from certain infrastructure standards such as constructing a full turnaround or sidewalks.

Michelle Lambert, who co-owns the inherited property with her brother, asked the council to approve a variance so the lot can be sold and developed. She explained they’ve been working with the city since June 2023 and did not create the current access issues. Their goal is to sell the land to a buyer planning to build a single-family home. Michelle requested relief from building a full turnaround, arguing that a driveway opposite an existing one would provide sufficient access without disrupting the quiet, dead-end character of the neighborhood. She emphasized that services like garbage pickup and snow removal have functioned fine for decades and asked that development align with the current conditions.

Dennis Anderson, a 50-year resident of Center Street and retired Batavia Police Officer, urged the council to use common sense and approve the requested variances. He noted the street has always functioned as a quiet dead end, and service vehicles have never had trouble turning around using his driveway, which he’s happy to continue allowing.

Motion: Approve Resolution as Presented

Maker: Solfa

Second: Anderson

Roll Call Vote

Aye: Barazza, Lanci, Beck, Malone, Solfa, Wolff, Baerren, Leman, Lohman, Farenbach, Anderson, Vogelsinger

Nay: None

12-0, 2 Absent, Motion Carries.

8. Resolution 2025-077-R: Approving Variations To The Subdivision Regulations Center Avenue, Michelle Lambert, Applicant (DMR 5/22/25)

*Item 7 was discussed in conjunction with Item 8

Motion: Approve Resolution as presented

Maker: Wolff

Second: Anderson

Roll Call Vote

Aye: Barazza, Lanci, Beck, Solfa, Wolff, Baerren, Leman, Lohman, Anderson, Vogelsinger Nay: Malone, Farenbach

10-2, 2 Absent, Motion Carries.

9. Ordinance 2025-031: Amendments To Text Of The Zoning Code, Chapter 4.1: Site Regulations City Of Batavia, Applicant (DMR 5/22/25)

Drew Rackow presented an ordinance proposing a zoning code change to allow taller decks (over 36 inches) to encroach up to 8 feet into rear setbacks in residential areas. Currently, only shorter decks have such allowances. Staff reviewed practices in neighboring communities and found that many allow similar encroachments, prompting the proposal.

The Plan Commission discussed the change at their May 7 meeting, compared it to balcony allowances, and considered potential height limits. Ultimately, they voted 5–0 to recommend approval to align with regional standards and give homeowners more flexibility.

Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Solfa

Roll Call Vote

Aye: Barazza, Lanci, Beck, Malone, Solfa, Wolff, Baerren, Leman, Lohman, Farenbach, Anderson, Vogelsinger

Nay: None

12-0, 2 Absent, Motion Carries.

10. Ordinance 2025-008: Restriction On Sale Of Kratom And Hemp-Derived Products (EB)

Police Chief Blowers presented a proposed ordinance to regulate hemp-derived THC products and kratom, aiming to restrict sales to those 21 and older. The ordinance also includes safe storage requirements and packaging rules to prevent appeal to or accidental ingestion by children. He noted that these substances are unregulated at the federal and state level, are not FDA-approved, and pose risks to youth brain development.

After a previously rejected proposal to ban such products in January, Blowers took feedback from the council and worked with stakeholders, including local businesses and advocates, to draft this balanced approach. Chief Blowers participated in conversations with experts like Cheryl Cryer of Urban Apothecary and organizations like the American Kratom Association who both support this ordinance. The goal is education and compliance, not punishment, and the city will notify as many businesses as possible.

Ald. Leman and Malone thanked Chief Blowers for continuing the work, community outreach and collaboration with important stakeholders. Leman noted that the ordinance strikes a good balance between protecting minors and allowing medical use. She praised the thoughtful, inclusive approach. Malone stated that he appreciated the effort and dialogue that went into the revised proposal, saying it gave him confidence in the outcome.

Cheryl Cryer, owner of Urban Apothecary, thanked the city council and Chief Blowers for taking the time to revise the ordinance thoughtfully. She praised the collaborative process and felt personally supported by the Chief. Cheryl described how she worked closely with Chief Blowers to adapt her store, which is unique due to its shared space with a pet shop, to comply with the new rules. Cheryl supports the ordinance, which requires hemp-derived products to be sold to those 21+, stored safely, and properly labeled. She is already following these guidelines and offered to help other businesses do the same.

In public comment, a resident from the east side of Batavia urged the council to prioritize public health over tax revenue by restricting THC products, especially those appealing to kids. Citing local and personal examples, he warned of the mental health risks and increased emergency service demands linked to THC use.

A resident from the west side of Batavia urged the council to protect children by limiting access to drugs. Reflecting on growing up around drug use in the 1970s, he emphasized the danger of making such substances available to kids and encouraged the council to vote in favor of stricter regulations.

Motion: Approve Ordinance as Presented

Maker: Wolff

Second: Leman

Roll Call Vote

Aye:Barazza, Lanci, Beck, Malone, Solfa, Wolff, Baerren, Leman, Lohman, Farenbach, Anderson, Vogelsinger

Nay: None

12-0, 2 Absent, Motion Carries.

11. Discussion: Public Safety Video Surveillance System Policy (EB)

Chief Blowers introduced a new surveillance policy for the police department and city staff with access to the system. The policy aims to ensure responsible use, protect privacy, and promote transparency through access logs, oversight, annual audits, and posted signage. Video footage will be retained for 30 days, though that timeline remains flexible.

Most police and some civilian staff will have access based on operational needs, with sensitive areas restricted to protect employee privacy. Non-police access requests must go through city administration and HR, and all users must follow the policy. Blowers emphasized the system’s purpose is safety and accountability, not misuse.

Ald. Baerren inquired about the length of time that video footage is stored. Chief Blowers explained that surveillance video is only retained for 30 days unless it’s part of an active criminal investigation, in which case the footage is saved to a secure evidence system. Once the 30-day period passes, unrecovered footage is automatically overwritten and cannot be retrieved. If a subpoena is issued after that period, the city would respond that no footage is available.

Ald. Loehman asked whether the Batavia Community Diversity Initiative had input on the surveillance policy draft. Max Weiss responded that while a few members were consulted last year, they didn’t speak on behalf of the full group. Their feedback helped shape elements like shorter retention periods and annual audits to prevent misuse. Loehman recalled there was supposed to be a follow-up and expressed concern that the full group hadn’t reviewed the draft. She requested that staff reconnect with the initiative for further input before moving forward. Lohman also expressed agreement with Leman and former Ald. Uher’s earlier points, supporting the idea of keeping a log that records the reason for accessing surveillance footage. She suggested it could be done simply, such as with an Excel sheet, to enhance transparency and accountability. Lohman questioned the city's $350,000 surveillance investment, saying taxpayers deserve clear data showing the system’s purpose and effectiveness, rather than a “solution looking for a problem.”

Ald. Solfa countered Lohman’s position with a question about how an audit log provides meaningful data. Lohman stated that she wanted documented reasons for accessing footage, not to burden daily users, but to improve transparency and accountability. Lohman suggested this information be reviewed during the annual audit. Solfa argued that the proposed surveillance policy is becoming overly restrictive, and emphasized that an audit trail is sufficient for accountability and that further requirements, like logging reasons for footage access, go too far.

Ald. Leman raised a concern about the surveillance system's audit log, which tracks who accessed footage and when, but not why it was accessed. Leman noted this lack of reasoning data was a past concern for transparency.

Chief Blowers and Wendy Bednarek both agreed that regular monitoring of certain areas, like the booking area and police lobby, is essential for safety and situational awareness. They cautioned that requiring a log for every instance of access would be burdensome and impractical due to the constant nature of this surveillance. Bednarek clarified that only authorized police officers can access recorded footage, while limited live feed access is granted to select staff for safety. All other city employees must go through the police chief to request footage.

Ald. Farenbach emphasized that proper governance and permissions matter more than logging reasons for access. He said the police should ensure users are trained and authorized, while the council can provide oversight through regular reports. Surveillance is already common, but this system is at least managed by vetted personnel.

Ald. Lanci, who is an expert in surveillance systems, cautioned against extending the video retention period, noting that longer storage significantly increases costs. For example, going from 30 to 60 days could raise server costs from $20,000 to $100,000. He emphasized that 30 days is a standard and reasonable retention period. Lanci explained that the audit logs are highly detailed, tracking every user action, such as clicks, downloads, and access attempts, even showing if someone tried to view unauthorized cameras. He emphasized that while the data may be complex to interpret, it's thorough enough to identify misuse and is admissible in court. He suggested that once council members see the audit trail in action, their concerns about accountability and transparency may be eased.

Mayor Schielke strongly supports the surveillance system, noting it will also help address issues with reckless bicycle riding in town. He emphasized that knowing they're being recorded may deter people from dangerous or illegal behavior, whether on bikes or driving, and believes this added visibility will help improve safety and accountability in Batavia.

Laura Newman cited a recent incident in downtown Naperville where surveillance footage helped quickly apprehend individuals involved in destructive flash mob activity. She noted that similar issues, like disruptive motorcycle and car gatherings, could occur locally, and emphasized that a surveillance system would be valuable in responding to such situations. Newman explained that during the annual audit, the city would look for anomalies, like why one employee accesses the system far more than others in the same role, and follow up as needed. She stressed the importance of allowing officers quick access to footage for timely response to incidents.

Newman concluded this conversation by clarifying key takeaways as to reach out to the Batavia Community Diversity Initiative (VCDI) for feedback on the current policy draft, include a specific 30-day video retention period, and review all input on logging practices and return with an updated proposal.

*Ald. Solfa exited the meeting at 8:54pm

12. Discussion: City Council Committees

Laura Newman explained that prior to 2013, City Council used four standing committees, but switched to a Committee of the Whole to reduce the number of meetings while still involving all members in discussions. Committee chairs currently lead topic discussions, but Newman asked if this structure is still useful or if changes, like rotating leadership, should be considered to support decision-making.

Ald. Wolff, the only remaining council member from before the 2013 change, supported keeping the COW structure. He said it’s more effective because all council members can hear, discuss, and decide on issues together, rather than splitting decisions among smaller committees. He believes this approach leads to better-informed decisions and should remain in place. Wolff suggested that keeping committee chairs could be helpful for assigning subcommittees or focused research tasks when more in-depth information is needed. Chairs could also take the lead in presenting and reading relevant items during council meetings, making the process more efficient.

Ald. Beck agreed with keeping COW, saying it's better than the old structure of too many scattered meetings with partial discussions. However, she felt the council may have overcorrected and suggested a partial return to a stronger committee structure, where chairs and co-chairs act as informed point people with closer staff communication. She also preferred shorter, more frequent meetings over the current long sessions, which often feel rushed and run late. Beck believes a slight adjustment could improve efficiency and discussion depth.

Ald. Baerren supported Beck’s suggestion to revise the COW meeting structure, noting that current long meetings are exhausting, especially after a full workday. She proposed discussing the idea at the upcoming retreat, including possibly adding a third COW meeting per month or combining shorter city council and COW meetings, similar to Geneva’s model. This approach could spread out the workload, shorten individual meetings, and improve overall efficiency.

Laura Newman summarized that it is agreed to continue using the committee structure within the Committee of the Whole, including chairs and vice chairs. There was interest in possibly redefining committee names and responsibilities, so the group decided to postpone assigning roles and treat this as the first part of a larger discussion, with decisions to be made in a future meeting.

13. Discussion: City Council Retreat

Laura Newman discussed planning a council retreat, proposing September 20th as the tentative date based on previous availability, though two staff members can't attend. Alternatives include splitting the retreat into two shorter sessions on available Tuesdays, but she noted the downside of holding them in the usual meeting space. Laura favored an offsite venue like Water Street Studios for a more creative and interactive environment. The group leaned toward keeping September 20th and emphasized the retreat should focus on team-building among council members, especially with many newer members.

14. Project Status

Utility Survey Postcards: There was a USPS mailing issue, but responses jumped from 100 to over 500 in a few days, showing progress.

BYOB Campaign: Finalized communications with Vicarious Multimedia. Council will review materials this week before launch next week.

Flag Raising Ceremony: For efficiency, the flag proclamation will be approved at the council meeting before the ceremony, with children invited to raise the flag.

South River Street Land Use Study: Ongoing; council review expected in early July. Tin Shop Demolition: RFP released May 23; pre-bid meeting May 30; bids due June 13.

Road Closures: Van Nortwick and McKee under construction with posted detours; completion expected by the start of the school year.

Non-residential Solar Requests: City is reviewing its ordinance to potentially allow small-scale solar installations for nonprofits and commercial users. Staff will present data and recommendations soon.

Farmers Market Notes: High attendance and demand for seating noted; suggestions made to provide more tables and display construction renderings. Liquor rules are being enforced, and staff will ensure all regulations are followed.

Street Aesthetic Improvements: A council member suggested exploring water-filled plastic barriers for future street closures instead of concrete ones.

Retreat Planning: September 20 is the proposed date, but alternatives are being considered. There is interest in holding the retreat at an inspiring offsite location like Water Street Studios.

15. Other

None

16. Executive Session: Purchase Of Real Estate

Motion: To Enter Executive Session at 9:45pm

Maker: Vogelsinger

Second: Malone

Roll Call Vote

Aye:Barazza, Lanci, Beck, Malone, Wolff, Baerren, Leman, Lohman, Farenbach, Anderson, Vogelsinger

Nay: None

11-0, 3 Absent, Motion Carries.

17. Adjournment

Motion: To Exit Executive Session at 10:15pm and Adjourn the Regular Session Maker: Malone

Second: Lanci

Roll Call Vote

Aye:Barazza, Lanci, Beck, Malone, Wolff, Baerren, Leman, Lohman, Farenbach, Anderson, Vogelsinger

Nay: None

11-0, 3 Absent, Motion Carries.

https://www.bataviail.gov/AgendaCenter/ViewFile/Item/21856?fileID=16779

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