(630) 454 - 1 ,VODQG$YHQXH %DWDYLD ,/ Committee of the

CITY OF BATAVIA100 N. Island Avenue, Batavia, IL 60510

(630) 454-2000 http://cityofbatavia.net/

Committee of the Whole AgendaTuesday, June 25, 2019

7:00 PM Council Chambers 1st Floor

Roll Call

Reminder: Please Speak Into The Microphones For BATV Recording

Approve Minutes For May 14, 2019, May 28, 2019 And June 4, 2019

COW 19-05-14M.PDFCOW 19-05-28M.PDFCOW 19-06-04M.PDF

Items Removed/Added/Changed

Matters From The Public (For Items NOT On Agenda)

RESOLUTION 19-074-R: Approving A Final Plat Of Subdivision For Muetze Acres Subdivision – 39W100 Main Street, Unincorporated Batavia Township. James D. Muetze, Applicant (DMR 6/20/19) CD

RES 19-074-R FINAL PLAT OF SUBDIVISION - MUETZE ACRES.PDF

ORDINANCE 19-35: Amending The Text Of The Zoning Code. KRC Holdings, Applicant

ORD 19-35 TEXT AMEND PARKING.PDF

ORDINANCE 19-37: Approving A Variance For A Side Setback Reduction. Benjamin Wakefield And Anique Drouin, Applicants (JLS 6/20/19) CD

ORD 19-37 VARIANCE FOR 861 RAVINIA CT..PDF

ORDINANCE 19-46: Amending The Text Of The Zoning Code. Michelle Freeman, Keyser

ORD 19-46 TEXT AMEND MENU SIGNS.PDF

RESOLUTION 19-075-R: Agreement With Schoppe Design Associates, Inc. For Design Of Entryway Signs (LN 6/20/19) CS

RES 19-075-R AGREEMENT WITH SCHOPPE DESIGN ASSOCIATES INC.PDF

RESOLUTION 19-076-R: License Agreement With Batavia School District For Construction Smith Court Sidewalk (LN 6/20/19) GS

RES 19-076-R LICENSE AGREEMENT WITH BATAVIA SCHOOL DISTRICT.PDF

Project Status

Other

Adjournment

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http://cityofbatavia.net/

CITY OF BATAVIA100 N. Island Avenue, Batavia, IL 60510

(630) 454-2000 http://cityofbatavia.net/

Committee of the Whole AgendaTuesday, June 25, 2019

7:00 PM Council Chambers 1st Floor

Roll Call

Reminder: Please Speak Into The Microphones For BATV Recording

Approve Minutes For May 14, 2019, May 28, 2019 And June 4, 2019

COW 19-05-14M.PDFCOW 19-05-28M.PDFCOW 19-06-04M.PDF

Items Removed/Added/Changed

Matters From The Public (For Items NOT On Agenda)

RESOLUTION 19-074-R: Approving A Final Plat Of Subdivision For Muetze Acres Subdivision – 39W100 Main Street, Unincorporated Batavia Township. James D. Muetze, Applicant (DMR 6/20/19) CD

RES 19-074-R FINAL PLAT OF SUBDIVISION - MUETZE ACRES.PDF

ORDINANCE 19-35: Amending The Text Of The Zoning Code. KRC Holdings, Applicant

ORD 19-35 TEXT AMEND PARKING.PDF

ORDINANCE 19-37: Approving A Variance For A Side Setback Reduction. Benjamin Wakefield And Anique Drouin, Applicants (JLS 6/20/19) CD

ORD 19-37 VARIANCE FOR 861 RAVINIA CT..PDF

ORDINANCE 19-46: Amending The Text Of The Zoning Code. Michelle Freeman, Keyser

ORD 19-46 TEXT AMEND MENU SIGNS.PDF

RESOLUTION 19-075-R: Agreement With Schoppe Design Associates, Inc. For Design Of Entryway Signs (LN 6/20/19) CS

RES 19-075-R AGREEMENT WITH SCHOPPE DESIGN ASSOCIATES INC.PDF

RESOLUTION 19-076-R: License Agreement With Batavia School District For Construction Smith Court Sidewalk (LN 6/20/19) GS

RES 19-076-R LICENSE AGREEMENT WITH BATAVIA SCHOOL DISTRICT.PDF

Project Status

Other

Adjournment

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2.

3.

Documents:

4.

5.

6.

Documents:

7.

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http://il-batavia2.civicplus.com/9792f11b-3003-4f6d-9c60-7187c7a8d081

MINUTES

May 14, 2019

Committee of the Whole

City of Batavia

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. They 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. They may not reference some of the individual

attendee’s comments, nor the complete comments if referenced.

Chair Wolff called the meeting to order at 7:00pm.

1. Roll Call

Members Present: Chair Wolff; Ald. Miller, Russotto, Beck, Knopp, Chanzit, Salvati,

O’Brien, Callahan, Meitzler, Malay (entered at 7:57pm), Uher,

Cerone, McFadden

Members Absent:

Also Present: Mayor Schielke; Laura Newman, City Administrator; Gary Holm,

Director of Public Works; Jeff Albertson, Building Commissioner;

Andrea Podraza, Senior Civil Engineer; Rahat Bari, City Engineer;

and Jennifer Austin-Smith, Recording Secretary

2. Reminder: Please speak into the microphone for BATV recording

3. Items to be Removed/Added/Changed

There were no items to be removed, added or changed.

4. Matters From the Public (For Items NOT on the Agenda)

There were no matters from the public for items not on the agenda.

5. Presentation – Monthly Wastewater Treatment Facility Construction Update

Jerry Ruth, Trotter and Associates, presented on the Monthly Wastewater Treatment Facility

construction update and covered the following:

• Phase 1 Rehabilitation

• Project Highlights

• Project Schedule

• Project Photos

• Process Start-Ups

• Occupancy

6. Approval: Class B-1 (Package Sales) Liquor License Application for Chicago Tavern

Group – Batavia LLC., d/b/a Crown Liquor – 135 First Street (DE 5/9/19) CS


May 14, 2019

Page 2

Motion: To recommend to City Council approval of Class B-1 (Package Sales) Liquor

License Application for Chicago Tavern Group – Batavia LLC,, d/b/a Crown

Liquor – 135 First Street

Maker: Salvati

Second: Uher

Voice Vote: 13 Ayes, 0 Nays, 1 Absent

Motion carried.

7. Ordinance 19-38: Grant of Conditional Use for a Microblading/Permanent Make-Up

Establishment – 3 E Wilson St. Gabriel Sosa, Applicant (DMR 5/9/19) CD

Rackow overviewed the memo with the Committee. The Committee discussed the state licensing

and the Conditional Use for a microblading/permanent make-up establishment.

Motion: To recommend to City Council approval of Ordinance 19-38: Grant of

Conditional use for a Microblading/Permanent Make-Up Establishment – 3 E

Wilson St. Gabriel Sosa, Applicant

Maker: Chanzit

Second: Cerone


Motion carried.

8. Discussion: Pedestrian Crossing Options for McKee Street at Batavia Avenue

Intersection (RB 5/10/19) CS

*Alderman Malay entered the meeting at 7:57pm

Holm summarized the memo by Rahat Bari, City Engineer. The City received funding to install

several rectangular rapid flashing beacons (RRFB) for pedestrian crossings. The RRFB on

McKee has been the one crossing that has been the most concerning and troublesome due to site

lines at this location. Super Bowl Sunday of last year, the RRFB got hit and destroyed by a

vehicle. The State government had since rescinded their approval of these devices and denied the

City’s replacement. The Federal Government has since approved the reinstallation of the RRFB

(once a patent issue was resolved).

City Staff has met with the Illinois Department of Transportation (IDOT) staff and discussed this

with them for months. This road does not have enough traffic for a traffic signal. An informal in-

house traffic study was performed by the City to see if the counts were close to what is required

for a traffic light. If the counts were close than a consultant would be hired to do a full traffic

study. In this case, we do not feel that there is a reason to hire a consultant and IDOT confirmed

if the numbers are not there IDOT would not approve a traffic light at that location. A High

Intensity Activated Crosswalk (HAWK) system was discussed with IDOT. IDOT will not allow

these in our area, specifically on Batavia Avenue, because they feel it would be confused with a

traffic signal and not a pedestrian signal at the intersection. That is one of the reasons IDOT will

not allow it at this particular location. IDOT will allow HAWK systems in a mid-block

application, between intersections, as long as it is certain distance from an intersection and as

long as it is a certain distance from any driveway. Given this location there are driveways at

every house so we could not meet the minimum distances in order for IDOT to approve a


May 14, 2019

Page 3

HAWK system. IDOT has informed the City that we could not have a traffic signal and we will

not be approved for a HAWK system.

Holm stated that we are back to a RRFB option. The flashing beacons that we had out there are a

concern because they are visible to traffic in the outside lane but if there is a stopped vehicle in

the outside lane the vehicle on the inside land could not longer see the beacon that the other

vehicle is blocking. Holm showed a configuration that has been approved to improve the safety

of RRFB to the Committee. Staff is presenting options to the Committee:

a) Leave the crosswalk as it stands today, without a RRFB

b) Install RRFB with safety enhancements

c) Implement a road diet to reduce Batavia Avenue from four lanes to two travel lanes

The Committee discussed safety concerns with RRFB, RRFBs creating a false sense of security

for crossing pedestrians, leaving the crosswalk as it stands today, traffic causing it difficult to

cross, strategic plan, making Batavia more pedestrian and bike friendly, reducing the speed and a

road diet. Holm stated that in the past IDOT has considered our traffic counts to high for a road

diet. Whether IDOT would reconsider is something staff could look into.

Callahan stated that he would recommend staff to go with option c, implement a road diet to

reduce Batavia Avenue from four lanes to two travel lanes. Chief Eul stated that all of the four

lane crossings are dangerous but this crossing is extremely dangerous because of the major

arterial intersection that it is at. There is high-density traffic and a lot of dynamic traffic going on

at that area. He suggested that an RRFB only be done with overhead mast arms and consider

improvements to Union and Morton Street four lane crossing as well.

Matt Knowles, Bicycle Commission (BC) member, addressed the Committee. He stated that the

BC is happy that this is being discussed. Most of us have children and are trying to figure out the

safest way to travel. The research IDOT performed stated that the safest option on Houston

Street is a pedestrian island and he hopes the City would consider that option. He noted that

pedestrian islands are used all throughout the country and are not specific to one place.

Motion: To recommend to Council approval of Option 3: Implementation of a road diet to

reduce Batavia Avenue from four travel lanes to two travel lanes

Maker: Callahan

Second: Cerone

Roll Call Vote: Aye: Callahan, Meitzler, Malay, Uher, Cerone, McFadden, Miller,

Russotto, Beck, Knopp, Chanzit, Salvati, Wolff, O’Brien

Nay: None

14-0 Vote, 0 Absent, Motion carried.

9. Ordinance 19-28: Amending the Text of the Zoning Code (DMR 5/9/19) (continued

from 4/9/19 COW – COW 4/23/19 10/1 – COW 5/14/19) CD

Rackow overviewed the memo. The Committee discussed how storage sheds are defined, size of

yards and uses allowed, what neighboring communities define accessory structures and their

limitations, stormwater runoff, building permits require engineering review, and the need to

regulate structures. The Committee discussed amending the text to the Zoning Code and


May 14, 2019

Page 4

considered the amount of accessory structures allowed on each property. Chanzit suggested

following the City of St. Charles ordinance.

Motion: To send Ordinance 19-28 to City Council

Maker: Wolff

Second: O’Brien

Discussion was held on the motion. Meitzler suggested amending the motion to remove item two

and to revise item three so that it is only the 10% threshold. Chanzit stated that he would second

that. After deliberation the motion was amended by Wolff to reflect what was discussed.

Motion: To send Ordinance 19-28 to City Council with modifications of eliminating

section two, amending section three to no more than 10% of lot size of all

properties, and prohibition of shipping containers as assessory structures

Maker: Wolff

Second: O’Brien

Roll Call Vote: Aye: Meitzler, Malay, Uher, Cerone, McFadden, Miller, Russotto, Beck,

Chanzit, Salvati, Wolff, O’Brien

Nay: Callahan, Knopp

12-2 Vote, 0 Absent, Motion carried.

10. Ordinance 19-39: Annexing 216, 221, 224 and 229 Whipple Avenue (SCB 5/6/19) CD

Buening overviewed the memo with the Committee.

Motion: To recommend to City Council approval of Ordinance 19-39: Annexing 216, 221,

224 and 229 Whipple Avenue

Maker: Chanzit

Second: Knopp


Motion carried.

11. Ordinance 19-40: Annexing 741, 749, 757, and 801 Pine Street (SCB 5/6/19) CD


Motion: To recommend to City Council approval of Ordinance 19-40: Annexing 741, 749,

757, and 801 Pine Street

Maker: Chanzit

Second: McFadden


Motion carried.

12. Ordinance 19-41: Annexing 615 and 621 Pine Street (SCB 5/6/19) CD



May 14, 2019

Page 5

Motion: To recommend to City Council approval of Ordinance 19-41: Annexing 615 and

621 Pine Street

Maker: Chanzit

Second: Uher


Motion carried.

13. Discussion: Economic Development (LN 5/10/19) CD

Newman announced that the City’s Economic Development Consultant, Chris Aiston, has

announced his intention to retire in June 2020. Newman wanted to bring this to the Committee’s

attention to discuss replacement of this position prior to budget discussions. The consensus of the

Committee was in favor of finding a contract employee with institutional knowledge. The

Committee was in favor of exploring all options, including establishing an economic

development organization/firm or a full time employee. Chanzit noted that he would like to have

someone who takes this position have a great understanding of TIF Districts.

14. Discussion: Committee Chairmen and Vice-Chairmen Selection (LN 5/10/19) GS

The Committee discussed the requirements of Chairmen and Vice-Chairmen including the

annual tracking of attendance. Callahan explained that it is within the last year when we do the

yearly appointments and it would be first meeting in May and it is 85% of all COWs and 85% of

all City Council. This does include if you attend over the phone or if you are late. It is very

broad. Callahan explained why he made a motion to include the 85% attendance. He chose that

because that is less than the average attendance. The average attendance over the years has been

87%-90%. We as a group have great attendance and that is why when it was put out there it was

to make sure it is not against individuals. When you are chairing a meeting, the expectation is the

team counts on you. It is a privilege to lead the rest of us. Callahan pointed out that when all of

this was decided he made sure we are not making selections about personalities or the seat,

which is why it is not retroactive and made the appointment for three years. This passed by 9-4

and that is why he would like us to hold ourselves accountable, which is why this was initially

started. O’Brien stated that if you cannot attend a meeting because of personal reasons that is

why there is a vice-chair. Mietzler stated that institutional knowledge and experience is valuable

but from a citizen point of view the best representation that is a person who is present to serve

the citizens and that is why he brought it up. Cerone suggested that we go by seniority and a year

from now we could judge whether or not that is working and if needed consider attendance as a

qualifier. Callahan stated that we either follow the law or we change it.

Newman noted that she only has the attendance information for the person’s tenure. Newman

asked the Committee to follow the seniority and make the selections. She could inform the

Committee if anyone has less than 85% attendance for the year at an upcoming COW meeting,

which would disqualify them, and we could then select someone else. Newman stated that at

least the Committee chairs and vice-chairs could be selected tonight.


May 14, 2019

Page 6

The Committee made the chairmen and vice-chairmen selections:

Government Services

Chair: Alderman Chanzit

Vice-Chair: Alderman McFadden

Community Development

Chair: Alderman Callahan

Vice-Chair: Alderman Cerone

City Services

Chair: Chair Wolff

Vice-Chair: Alderman Russotto

Public Utilities

Chair: Alderman O’Brien

Vice-Chair: Alderman Salvati

Motion: To suspend the rules and return to discussion of agenda item fourteen

Maker: Callahan

Second: Malay


Russotto, Beck, Knopp, Salvati

Nay: Wolff

Present: Chanzit, O’Brien

11-1 Vote, 2 Present, 0 Absent, Motion carried.

Motion: To recommend to City Council amending the City Code Provisions, 1-5-3-2:

Standing Committees, section B, section one to eliminate ‘having been qualified

at eighty five percent (85%) attendance

Maker: Callahan

Second: Salvatti


Russotto, Beck, Knopp, Salvati, Wolff

Present: Chanzit, O’Brien

12-0 Vote, 2 Present, 0 Absent, Motion carried.

With the amendment, the Committee Chairmen and Vice-Chairmen selections could be brought

to City Council.

15. Project Status

Newman reported on the project status:

• The MetroNet meeting was successful. The subcontractors attended the meeting as well.

MetroNet hired a supervisor for construction in the City of Batavia. There is a sense of a

strong commitment by MetroNet to improve and correct the issues addressed.


May 14, 2019

Page 7

o Cerone suggested a discussion on all of the utilities at an upcoming meeting to

help all learn more about the City’s utilities.

16. Other

Mayor Schielke discussed the Freedom of Information Act (FOIA) with the Committee

members. He noted that everything that happens from gavel to gavel is subject to FOIA,

including all emails and text messages.

Chanzit noted that there are citizens, with the sustained rains, whose sub pumps have been

working non-stop and they would like a permanent solution to that. The City is doing pumping

as necessary but it looks like this is easily a million dollar project and something we should

consider for the 2020 budget. Meitzler added that the citizens would like to know what the City

is doing and how are they monitoring the situation as issues come up.

Callahan thanked the Mayor for connecting Batavia students with an Illinois senator or took the

children on a tour of the senate floor.

17. Executive Session:

a. Sale or Lease of Public Property (GH 5/10/19)

b. Collective Bargaining (WB 5/10/19)

c. Personnel (WB 5/10/19)

Motion: To enter into executive session for the purpose of sale or lease of public property,

collective bargaining and personnel

Maker: Meitzler

Second: Malay


Motion carried.

The Committee entered into Executive Session at 10:19pm and exited at 11:03pm.

18. Adjournment

There being no other business to discuss, Wolff asked for a motion to adjourn the meeting at

11:03pm; Made by Salvati; Seconded by O’Brien. Motion carried.

Minutes prepared and submitted by Jennifer Austin-Smith, Recording Secretary, on June 13,

2019.

MINUTES May 28, 2019

Committee of the Whole City of Batavia

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. They 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. They may not reference some of the individual attendee’s comments, nor the complete comments if referenced. Chair Wolff called the meeting to order at 7:00pm.

1. Roll Call Members Present: Chair Wolff; Ald. Knopp, Chanzit (phoned in at 7:21pm), Salvati,

O’Brien, Callahan, Meitzler, Uher, Cerone, McFadden Members Absent: Aldermen Miller, Russotto, Beck, and Malay Also Present: Mayor Schielke (entered at 7:04pm); Chief Eul, Batavia Police

Department; Gary Holm, Director of Public Works; Scott Buening, Director of Community Development; Drew Rackow, City Planner; Wendy Bednarek, Director of Human Resources; Jeff Albertson, Building Commissioner; and Jennifer Austin-Smith, Recording Secretary

2. Reminder: Please speak into the microphone for BATV recording 3. Items to be Removed/Added/Changed Agenda item six was discussed prior to agenda item five. 4. Matters From the Public (For Items NOT on the Agenda) There were no matters from the public for items not on the agenda. 5. Ordinance 19-28: Amending the Text of the Zoning Code (DR 5/24/19 from 5/20/19

CC) CD * Alderman Chanzit phoned in the meeting at 7:21pm Rackow overviewed the memo with the Committee. He stated that this is being brought back for further discussion. Staff has researched what the surrounding neighbors have done. Rackow stated that it varies greatly, some have an absolute number and others only rely on limitations on required yards or lot sizes. The summary was included in the memo as well as sizes of standard accessory structures. The Committee of the Whole (COW) discussed the ordinance, size requirements, accessory dwelling units regulations, accessory structures, and amending to which ever is larger, 10% or 600 square feet in any district. Motion: To recommend to City Council approval of Ordinance 19-28: Amending the Text

of the Zoning Code with the addition of wording 10% of lot size or 600 square feet in any district, whichever is larger

Committee of the Whole May 28, 2019 Page 2 Maker: Uher Second: Salvati Discussion was held on the motion. Wolff asked if this Ordinance includes the restriction on shipping containers. Rackow stated that it does and could be found in section three, number four. Voice Vote: 10 Ayes, 0 Nays, 4 Absent Motion carried. 6. Ordinance 19-43: Annexing 503 Roberts Lane (SCB 5/20/19) CD Buening stated that this is a property surrounded by the City limits. This is the last parcel on Roberts Lane. The property owner has been contacted a number of times and they have not responded to our request. The utility agreement compels them to annex. They were required to annex back in the 1990’s and they did not. Motion: To recommend to City Council approval of Ordinance 19-43: Annexing 503

Roberts Lane Maker: Callahan Second: Meitzler Voice Vote: 9 Ayes, 0 Nays, 5 Absent Motion carried. 7. Ordinance 19-44: Revising Title 5 of Batavia Municipal Code Regarding Gambling

(DME 5/22/19) GS Chief Eul discussed the unlicensed video game terminal at local gas station, without state or local permit stamps on it. After contact with the manager, police were informed that a subject who offered to install the machine for free with no additional charges approached the manager and installed the machine. The revenue would be shared. The manager was told that it was not a video gaming terminal but was called a sweepstakes machine. The manager volunteered to take the machine out and the police informed him they were going to review it further. The manager took the machine down after meeting with police. The revision prohibits the use of Sweepstake Machines. Chief Eul recommends the COW approve this revision to Title V. The Committee discussed video gaming and whether or not it should continue. McFadden suggested that this be placed on a future COW agenda for further discussion. Motion: To recommend to City Council approval of Ordinance 19-44: Revising Title 5 of

Batavia Municipal Code Regarding Gambling Maker: McFadden Second: Salvati Voice Vote: 10 Ayes, 0 Nays, 4 Absent Motion carried. 8. Resolution 19-063-R: Approving Materials Package bid in the amount of $91,768 to

Substation Enterprises Inc. for Paramount Park Distribution Substation Upgrade (RB 5/24/19) PU

O’Brien overviewed the memo with the Committee.

Committee of the Whole May 28, 2019 Page 3 Motion: To recommend to City Council approval of Resolution 19-063-R: Approving

Materials Package bid in the amount of $91,768 to Substation Enterprises Inc. for Paramount Park Distribution Substation Upgrade

Maker: Meitzler Second: Salvati Voice Vote: 10 Ayes, 0 Nays, 4 Absent Motion carried. CONSENT AGENDA 9. Project Status Buening reported that Avenue Chevy building is almost completely demolished. Wolff asked if they had an underground tank that needed to be removed. Albertson responded that it was above ground. 10. Other Mayor Schielke discussed the possibility of the Batavia High School Sport’s Boosters to ask for the ability to launch fireworks during the 2019 football season every time the Bulldogs score a touchdown. Chief Eul noted that some of the surrounding residents are already concerned about the current sound amplification. Discussion on possible fireworks would be held at a future COW meeting. Mayor Schielke reported that the Police Department is ready to make a presentation about bicycle riding in Batavia. The Batavia Bike Commission should be part of this discussion. This will be at an upcoming meeting. 11. Executive Session: Collective Bargaining (WB) Motion: To enter into executive session for the purpose of collective bargaining Maker: O’Brien Second: Salvati Voice Vote: 10 Ayes, 0 Nays, 4 Absent Motion carried. The Committee entered into Executive Session at 7:53pm and exited at 8:05pm. 12. Adjournment There being no other business to discuss, Wolff asked for a motion to adjourn the meeting at 8:05pm; Made by O’Brien; Seconded by Salvati. Motion carried. Minutes prepared and submitted by Jennifer Austin-Smith, Recording Secretary, on June 12, 2019.

MINUTES June 4, 2019

Committee of the Whole City of Batavia

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. They 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. They may not reference some of the individual attendee’s comments, nor the complete comments if referenced. Chair Wolff called the meeting to order at 7:00pm.

1. Roll Call Members Present: Chair Wolff; Ald. Miller, Russotto, Beck, Knopp, Chanzit, Salvati,

O’Brien, Callahan, Meitzler, Malay (entered at 7:01pm), Uher, Cerone, McFadden

Members Absent: Also Present: Mayor Schielke; Laura Newman, City Administrator; Kevin Drendel,

Legal Counsel; Gary Holm, Director of Public Works; Anthony Isom, Assistant to the City Administrator; and Jennifer Austin-Smith, Recording Secretary

2. Reminder: Please speak into the microphone for BATV recording 3. Items to be Removed/Added/Changed There were no items to be removed, added or changed. 4. Matters From the Public (For Items NOT on the Agenda) There were no matters from the public for items not on the agenda. 5. Presentation: Point to Point Kane County – Lyndsay Hartman Lyndsay Hartman, Founder and Director of Point to Point, met with the Committee of the Whole (COW) to discuss the work her 501c(3) company does within Kane County. She explained to the Committee how her volunteer-led company aims to reduce risk with drug use by supplying safer injection supplies, syringe access and disposal. Point to Point also offers Narcan training and Fentanyl testing strips within the mobile unit. Point to Point focuses on Harm Reduction, which aims at reducing negative consequences associated with drug use by providing stigma free help and compassion to all. The mobile unit is available on Saturdays at the Kane County Coroner’s Office and Sundays at Open Door Health Center in Aurora. Hartman shared that people could support Point to Point by providing funding, supplies, grant writing or volunteering. Wolff suggested that she give her information to Kane County’s human services hotline, 211. Chanzit suggested she look into the Community Reinvestment Act (CRA) grants that banks have to offer. 6. Discussion: Alderman Employment Potential Conflict of Interest – GS (LN)

Committee of the Whole June 4, 2019 Page 2 Laura Newman stated that this item is on the agenda but there is no longer a pressing need to discuss because there is no pending potential conflict of interest that exists at this point. However, since this item is on the agenda we have our City Attorney in attendance. City Attorney Kevin Drendel explained some examples of conflict of interest such as: conflict of office, personal conflicts, common law conflict and employment. Drendel explained that the best way to deal with a common law conflict is to remove yourself from any appearance where it might be an issue. 7. Discussion: Staff Memos Chanzit stated that staff puts a lot of time into the memos that they give us and we should make sure the memos the COW is receiving are as strong as they could be. Chanzit suggested making parameters on items in the memos that aren’t exactly useful. Knopp stated that one of the first memos he read as an alderman had a position on an issue with pros and cons listed. The pros listed all the great things that would happen if we do it and the cons listed all of the good things that would not happen if we don’t do it. Knopp would like to see the pros be the good things that would happen if we do it and the cons are the bad things that are going to happen if we do it. Those are the conflicts that we have to weigh in on and resolve. They can’t just be the opposite of each other. Meitzler stated that he would not like to see pros and cons listed at all but rather look into economic impact. Newman stated that sometimes with pros and cons there are pros to doing it and cons not doing it and sometimes those are exactly the opposite. From the perspective of staff, they find the pros and cons to be contrived. It almost is like wasted writing. The purpose of a memo, from staff’s perspective, as a City Council you are looking for them to present you with all of the technical information that you should take into consideration when you are making a decision whether to do into one direction or another. Staff has the ability to write what the consequences of taking one course of action versus not taking that course of action are. In the result, it is staff’s understanding that they should express an opinion based on the fact that they have the technical expertise. By expressing that opinion they are in no way suggesting that it is the way the Council should decide things. The Council may take into consideration other factors that have not been presented in the memo. Suggestions the COW made for a stronger memo included:

• Presentation of what the facts are • Professional recommendation on how to proceed • Cost implications of a decision or indecision • Impacts of action or inaction • Environmental impact

Callahan asked if we need a memo for everything. Newman answered yes, but some memos could be two sentences long and others could be several pages. Newman continued that memos are truly creating a record for those in the future. It helps those understand why decisions were made in the past even if things are different now.

Committee of the Whole June 4, 2019 Page 3 8. Discussion: Non-Residential Refuse Collection Times Newman reported that the City has received complaints from residents who live adjacent to our industrial areas. They have reported that garbage collection at the industrial properties occurs before 7am and they find it interfering with their sleep so they would like us to change the times refuse collection is allowed in the industrial areas. Wolff asked how many complaints have been received. Mayor Schielke answered that he has received a couple complaints from Raddant Road north of Wilson Street in the Fourth Ward. The other spot we receive complaints is in the sixth ward on Bond Drive. The Committee directed staff to address complaints as they are received. 9. Project Status Newman thanked residents who cooperated with the City in removing debris from the storm drains. This helped a lot during the heavy rains to get the water collected where it was supposed to be. Newman stated grass clippings have been mowed onto the street and this needs to stop. The fact that we have 9,000 homes in this community, that is a lot of grass clippings. Grass clippings are dangerous to our stormwater system that goes to our new Wastewater Treatment Plant because many of us fertilize our lawns. We are trying to keep phosphorous out of the Fox River and one of the ways we could do that is making sure grass clippings do not get down our storm drains. All of the City contractors are instructed if they are mowing and they get grass clippings in the street to blow the grass clippings back up onto the property they just mowed. Grass clippings make great mulch. The City will be doing a public campaign regarding grass clippings. Newman announced Municipal Minute would be re-implemented on BATV. We will start doing them on a monthly basis and will highlight a specific project that the City is engaged in. Engineering staff met with the Illinois Department of Transportation (IDOT) about the Prairie Street Reconstruction Project. IDOT is finishing review of Phase One of the project. The purpose of this meeting was to discuss Phase Two engineering for that project. Newman stated that the incident at Virginia Beach has made more awareness on employee safety in the workplace. Newman asked if we could put the City Hall remodeling project on an upcoming City Council agenda. Newman noted that part of the remodeling project were safety/security improvements to the building. The Committee was in favor of discussing this in the future. O’Brien suggested a joint letter coming from the City of Batavia to the State representatives regarding stronger background checks and putting more emphasis onto mental illness awareness. O’Brien stated that we really need to do something about this because these are lives being lost and it continues to go on. 10. Other Meitzler stated that MetroNet needs a reminder about the quality of work they do within our neighborhoods because there have been several issues. There has been two feet of dirt on private property for two weeks. Cables with exposed wires have been left out on the yards. A gas line

Committee of the Whole June 4, 2019 Page 4 was nicked during boring. Many people are concerned about the quality of work. Someone’s personal garden on the property side, not the easement, was torn up and trampled. Newman asked for the contact information on the owner of the private property garden after the meeting. Mayor Schielke commented that he had several complaints received as well. Newman announced that staff would be meeting with MetroNet on Monday. O’Brien stated that the Newsboy Alley gate/arch was voted on and approved and it has not yet been completed. The foundations are in for it and it is one of the finishing touches for the streetscape and he would like to see that happen. Holm stated that we have all of the artwork and we have the design but it never moved forward. Holm stated that it is not in our budget so we would have to do a budget amendment to move forward. Newman stated that she would look into it. Newman stated that she is working on the windmill at the gas station. Russotto stated that three weeks ago he brought up a concern about the intersection of Oswalt and Belleview. Within eight days we went from no directional sign to a stop sign. It is greatly appreciated that it was taken care of so quickly. 11. Adjournment There being no other business to discuss, Wolff asked for a motion to adjourn the meeting at 8:13pm; Made by Salvati; Seconded by Knopp. Motion carried. Minutes prepared and submitted by Jennifer Austin-Smith, Recording Secretary, on June 13, 2019.

CITY OF BATAVIA DATE: June 20, 2019 TO: Committee of the Whole - CD FROM: Drew Rackow AICP, Planner SUBJECT: Resolution 19-074-R Approving Final Plat of Muetze Acres Subdivision

39W100 Main Street, Unincorporated Blackberry Township James D. Muetze, applicant

Summary: On June 19th, the Plan Commission reviewed and recommended approval of a final plat of subdivision for a one lot subdivision on property located at 39W100 Main Street, about a mile west of the City Limits on Main Street. Background: State law allows municipalities to review and approve plats of subdivision proposed in a municipality’s planning area. The planning area includes unincorporated territory up to 1.5 miles beyond the incorporated limits. Section 11-1-2 of the Batavia Subdivision Regulations (Title 11 of the City Code) requires City approval of these proposed subdivisions. The property was recently rezoned by Kane County as E-3 District, Estate Residential District. The subdivision would create an approximately 2.3 acre single family property. The applicant is concurrently working through the County’s minor subdivision approval process which will be concluded after City of Batavia approval. The plat proposes to dedicate additional right-of-way for Main Street to align with the dedications to either side. The applicant requests a waiver for sidewalk installation; this is a staff level approval that staff supports. The Plan Commission found the proposed lot to be an appropriate division of the property. The Commission agreed with the staff recommended condition of approval that the Batavia Subdivision Regulations’ Land Cash requirement apply and be paid to the City of Batavia before City officials sign the plat. The City would collect these fees based on a four bedroom home, which would be partially refunded if a home with fewer bedrooms is constructed. Normally the fees are collected just before recording the plat, but since this is an extraterritorial property and the City will not be recording the plat, payment should be made before the City signs the plat. Alternatives: The City Council can approve or deny the Resolution as presented, refer the action back to Plan Commission for further review, or take no action.

• Budget Impact – None. • Staff Impact – None. • Other Impacts: Staff identifies no negative impacts from this proposal. The subdivision will dedicate

additional right of way for Main Street, a township-maintained road. An additional property will be created with Main Street access, however property will be set aside to allow for a future roadway connection if additional lots are proposed.

Timeline for Actions: COW action will allow the Resolution to be placed on the City Council agenda for final action on July 1. This will allow for final action by the County for the subdivision after the Council approval.

Recommendations: By a vote of 7-0, the Batavia Plan Commission recommended approval of the final plat of subdivision, subject to conditions specified in the draft Resolution.

Attached of draft Resolution 19-074-R is presented in accordance with the Plan Commission’s recommendation. Staff recommends approval of draft Resolution 19-074-R as presented. Attachment: Resolution 19-074-R c Mayor Department Heads Applicant Media

http://www.sterlingcodifiers.com/codebook/index.php?book_id=596&section_id=351444

http://www.sterlingcodifiers.com/codebook/index.php?book_id=596

1 of 2 pages, excluding Exhibit A

CITY OF BATAVIA, ILLINOIS RESOLUTION 19-074-R

A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR MUETZE ACRES SUBDIVISION

(39W100 MAIN STREET)

WHEREAS, an application for approval of a Final Plat of Subdivision for the Muetze Acres Subdivision has been submitted by James D. Muetze for property located in the City’s extraterritorial subdivision authority jurisdiction at 39W100 Main Street in unincorporated Blackberry Township; and

WHEREAS, on June 19, 2019, the Batavia Plan Commission reviewed and recommended approval for the Final Plat of Subdivision for Muetze Acres Subdivision and

WHEREAS, on June 25, 2019, the City Council’s Committee of the Whole reviewed the plat of subdivision and recommended approval of the Muetze Acres Subdivision, in accordance with the recommendation of the Plan Commission.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois:

SECTION 1: That the Mueze Acres Subdivision as depicted on Exhibit “A” attached hereto is approved subject to receipt of payment for Batavia Subdivision Regulations Land Cash requirements prior to City officials sign the plat.

Exhibit Plan Dated Prepared by

A Muetze Acres Subdivision Plat May 11, 2019 Regional Land

Services

SECTION 2: That this Resolution 19-074-R shall be in full force and effect upon its presentation, passage, and publication according to the law.


2 of 2 pages, excluding Exhibit A

PRESENTED to the City Council of the City of Batavia, Illinois, this 1st day of July, 2019.

PASSED by the City Council of the City of Batavia, Illinois, this 1st day of July, 2019.

APPROVED by me as Mayor of said City of Batavia, Illinois, this 1st day of July, 2019.

______________________________ Jeffery D. Schielke, Mayor

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Knopp 5 Uher Beck 6 Cerone Russotto 7 McFadden Miller Mayor Schielke VOTE: Ayes Nays Absent Abstentions Total holding office: Mayor and 14 aldermen

ATTEST: Ellen Posledni, City Clerk

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0' 40' 80' 120'

FINAL PLAT OF SUBDIVISION FOR

MUETZE ACRES SUBDIVISIONBEING A PART OF THE EAST HALF OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS

NOTES

TOTAL ACREAGE

(400.00')

400.00'

P.E.

FIELD WORK WAS COMPLETED 1/16/2019.4.

OBSERVATIONS REFERENCE TO THE TRIMBLE VRS NETWORK.

COORDINATE SYSTEM, EAST ZONE, BASED ON MULTIPLE AVERAGED RTK GPS

THE BASIS FOR THIS SURVEY IS GRID NORTH OF THE ILLINOIS STATE PLANE 3.

ALL EASEMENTS ARE HEREBY GRANTED UNLESS OTHERWISE NOTED.3.

DISTANCES ARE SHOWN IN FEET AND DECIMALS.2.

3/4 INCH IRON PIPES SET ALL ALL LOT CORNERS UNLESS OTHERWISE NOTED.1.

10' P.E.

10' P.E.

10' P.E.

15' P.E.

35' B.S.L.

PER DOC. NO. 2017K048215

MUETZE MINOR SUBDIVISION

PARCEL 1

PER DOC. NO. 2003K056425

MILL CREEK NEIGHBORHOOD U

PARCEL 2

LOT 1

LOT 1

SURVEYOR'S CERTIFICATE

THE RESPONSIBILITY OF THE THEN LOT OWNER.

EXERCISE OF THE HEREIN GIVEN RIGHTS. REPLACEMENT OF ITEMS SO REMOVED SHALL BE

IMPROVEMENTS, FENCES, GARDENS, SHRUBS OR LANDSCAPING REMOVED DURING

THE GRANTEE SHALL NOT BE RESPONSIBLE FOR REPLACEMENT OF ANY SUCH

SAID UTILITY INSTALLATION IN, ON, UPON, ACROSS, UNDER OR THROUGH SAID EASEMENTS.

SHRUBS, OR OTHER PLANTS THAT INTERFERE WITH THE OPERATION OF OR ACCESS TO

GRANTED TO THE GRANTEE TO CUT DOWN, TRIM OR REMOVE ANY TREES, FENCES,

PERMITTED BY WRITTEN AUTHORITY OF THE GRANTEE. THE RIGHT IS ALSO HEREBY

WHICH WILL RESTRICT THE USES HEREIN GRANTED EXCEPT WHERE SPECIFICALLY

USES AND RIGHTS. FENCES SHALL NOT BE ERECTED UPON SAID EASEMENTS IN ANY WAY

AND OTHER PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAID

EASEMENTS, BUT THE PREMISES MAY BE USED FOR GARDENS, SHRUBS, LANDSCAPING,

OF THE ABOVE WORK. NO PERMANENT BUILDINGS OR TREES SHALL BE PLACED ON SAID

PLATTED HEREON FOR THE NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OR ALL

NECESSARY, TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE REAL ESTATE

SUCH APPURTENANCES AND ADDITIONS THERETO AS THE GRANTEE MAY DEEM

MAY BE REQUIRED TO FURNISH PUBLIC UTILITY SERVICES TO ADJACENT AREAS, AND

APPURTENANCES, AND SUCH OTHER INSTALLATIONS AND SERVICE CONNECTIONS AS

TELEVISION, COMMUNICATION, GAS, TELEPHONE OR OTHER UTILITY LINES AND

ENLARGING, REMOVING, REPAIRING, CLEANING AND MAINTAINING ELECTRICAL, CABLE

CONSTRUCTING, INSPECTING, OPERATING, REPLACING, RENEWING, ALTERING,

OTHERWISE NOTED IN THE ABOVE LEGEND FOR THE PURPOSE OF INSTALLING,

AND LABELED "UTILITY EASEMENT" ON THIS PLAT OF SUBDIVISION, OR WHERE

UPON, ACROSS, OVER, UNDER AND THROUGH THE AREAS SHOWN BY DASHED LINES

AND NORTHERN ILLINOIS GAS COMPANY AND TO THEIR SUCCESSORS AND ASSIGNS IN,

COMPANIES: ILLINOIS BELL TELEPHONE COMPANY, COMMONWEALTH EDISON COMPANY,

RIGHTS FROM THE GRANTEE, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING

AND OTHER COMPANIES OF ANY KIND OPERATING UNDER FRANCHISE GRANTING THEM

TO THE COUNTY OF KANE (HEREINAFTER "THE GRANTEE"), AND TO ALL PUBLIC UTILITY

A PERMANENT NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED

UTILITY EASEMENT

LEGEND

PUBLIC UTILITY AND DRAINAGE EASEMENT

SET CONCRETE MONUMENT

RECORD OR PRIOR SURVEY DATA

MEASURED OR CALCED SURVEY DATA

EASEMENT LINE

BUILDING SETBACK LINE (B.S.L.)

RIGHT OF WAY LINE

SURVEYED PROPERTY

OF VEGETATIVE GROUND COVER ON THE ABOVE-MENTIONED DRAINAGE FACILITIES.

INTERFERE WITH THE MAINTENANCE OF GRAVITY OR SUBSURFACE FLOW AND STABILIZATION

SHALL BE SUBJECT TO THE PRIOR APPROVAL OF THE COUNTY OF KANE SO AS NOT TO

OR GAS DISTRIBUTION SYSTEMS OR COMPONENTS, SUCH OTHER UTILITY INSTALLATIONS

WHERE DRAINAGE EASEMENT AREAS ARE ALSO USED FOR ELECTRIC, TELEPHONE, CABLE TV

SHALL BE THE RESPONSIBILITY OF THE THEN LOT OWNER.

DURING EXERCISE OF THE HEREIN GIVEN RIGHTS. REPLACEMENT OF ITEMS SO REMOVED

STRUCTURES, IMPROVEMENTS, FENCES, GARDENS, SHRUBS OR LANDSCAPING REMOVED

THE GRANTEE SHALL NOT BE RESPONSIBLE FOR REPLACEMENT OF ANY SUCH BUILDINGS,

FACILITIES IN, ON, UPON, ACROSS, UNDER OR THROUGH SAID DRAINAGE EASEMENT.

PLANTS THAT INTERFERE WITH THE OPERATION OF OR ACCESS TO SUCH DRAINAGE

STRUCTURES, TO CUT DOWN, TRIM OR REMOVE ANY TREES, FENCES, SHRUBS, OR OTHER

THE RIGHT IS ALSO HEREBY GRANTED TO THE GRANTEE TO REMOVE ANY BUILDINGS OR

WHICH WILL RESTRICT THE USES HEREIN GRANTED.

D. FENCES SHALL NOT BE ERECTED UPON SAID DRAINAGE EASEMENT IN ANY WAY

EASEMENT; AND,

C. THERE SHALL BE NO DREDGED OR FILL MATERIAL PLACED UPON SAID DRAINAGE

THEN OR LATER INTERFERE WITH THE AFORESAID USES AND RIGHTS;

PREMISES MAY BE USED FOR LANDSCAPING, AND OTHER PURPOSES THAT DO NOT

B. NO TREES OR SHRUBS SHALL BE PLACED ON SAID DRAINAGE EASEMENT, BUT THE

A. NO PERMANENT BUILDINGS SHALL BE PLACED ON SAID DRAINAGE EASEMENT;

HALL RUN WITH SAID LAND IN PERPETUITY:

IN FURTHERANCE OF THE FOREGOING AFFIRMATIVE RIGHTS, THE FOLLOWING COVENANTS

TO DO ANY OR ALL OF THE ABOVE WORK.

THE REAL ESTATE PLATTED HEREON FOR THE NECESSARY PERSONNEL AND EQUIPMENT

AS THE GRANTEE MAY DEEM NECESSARY, TOGETHER WITH THE RIGHT OF ACCESS ACROSS

CONNECTIONS, CATCH BASINS, AND WITHOUT LIMITATIONS, SUCH OTHER INSTALLATIONS

DRAINAGE SYSTEMS AND APPURTENANCES AND ANY AND ALL MANHOLES, PIPES,

DRAINAGEWAYS, STORMWATER DETENTION AND RETENTION FACILITIES, SUBSURFACE

ENLARGING, REMOVING, REPAIRING, CLEANING AND MAINTAINING STORM SEWERS,

CONSTRUCTING, INSPECTING, OPERATING, REPLACING, RENEWING, ALTERING,

OTHERWISE NOTED IN THE ABOVE LEGEND FOR THE PURPOSE OF INSTALLING,

LINES AND LABELED "DRAINAGE EASEMENT" ON THIS PLAT OF SUBDIVISION, OR WHERE

ASSIGNS IN, UPON, ACROSS, OVER, UNDER AND THROUGH THE AREAS SHOWN BY DASHED

THE COUNTY OF KANE (HEREINAFTER "THE GRANTEE"), AND TO ITS SUCCESSORS AND

A PERMANENT NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO

DRAINAGE EASEMENT

(F.A.S. ROUTE 107)

MAIN STREET

DEDICATED PER DOC. NO. 2017K048215

NORTHERLY R.O.W. HERETOFORE

DEDICATED PER DOC. NO. 1330842

NORTHERLY R.O.W. HERETOFORE

NO. 2003K056425

DEDICATED PER DOC.

R.O.W. HERETOFORE

60' NORTHERLY

THE COUNTY OF KANE

HEREBY DEDICATED TO

10'

50'

60'

60'

100,737 S.F., MORE OR LESS

SEE DETAIL

10'

10.0

3'

R=229,118' A=66.16'

R=229,108' A=60.16

241.25'

S00°02'4

8"E

352.6

3'

S89°57'12"W

S00°02'4

8"E

341.8

7'

657.3

4'

N82°07'49"E

(F.A.S. ROUTE 107)

MAIN STREET 50'

KANE

TO THE COUNTY OF

HEREBY DEDICATED

DETAIL

N.T.S.

P.O.B.

P.O.B.

N00°02'4

8"W

667.3

7'

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SOUTH LINE OF PARCEL 2 IN MILL C

REEK NEIGHBORHOOD U

P.O.C.

SE. CORNER PARCEL 1

P.O.C.

PARCEL 1

SE COR.

179.00'

10' P.E.

2.312 ACRES, MORE OR LESS

40'

100'

100'

40'

05/0

6/1

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FIELD

SEPTIC

OR LESS, OR 2.328 ACRES, MORE OR LESS

PROPOSED MUETZE ACRES SUBDIVISON CONTAINS 101,399 SQUARE FEET, MORE

05/0

8/1

9P

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AN

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OU

NT

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A=6.01'

R=229,108'

S00°02'4

8"E

10.0

3'

NUMBER:

ILLINOIS PROFESSIONAL LAND SURVEYOR

., A.D. 20DAY OF, ILLINOIS THIS DATED AT

IN THE KANE COUNTY SPECIAL FLOOD HAZARD AREAS ORDINANCE.

IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON THE MAPS LISTED

PLAT OR SUBDIVISION IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS

OF AN INCORPORATED CITY, TOWN, OR VILLAGE AND THE PROPERTY COVERED BY THIS

OR SUBDIVISION IS WITHIN ONE AND ONE-HALF (1-1/2) MILES OF THE CORPORATE LIMITS

THEREOF. I FURTHER CERTIFY THAT PART OF THE PROPERTY COVERED BY THIS PLAT

SURVEY AND SUBDIVISION. ALL DISTANCES ARE GIVEN IN FEET AND DECIMAL PARTS

AS SHOWN BY THE ATTACHED PLAT, WHICH IS A CORRECT REPRESENTATION OF SAID

OR LESS.

SAID PARCEL CONTAINS 101,399 SQUARE FEET, MORE OR LESS, OR 2.328 ACRES, MORE

BLACKBERRY TOWNSHIP, KANE COUNTY, ILLINOIS.

55 MINUTES 25 SECONDS WEST, 66.17 FEET TO THE POINT OF BEGINNING, IN

A RADIUS OF 229,118 FEET, THE CHORD OF SAID CURVE BEARS NORTH 85 DEGREES

SAID NORTHERLY RIGHT OF WAY LINE, 66.16 FEET ON A CURVE TO THE RIGHT, HAVING

RIGHT OF WAY LINE OF SAID MAIN STREET, 10.03 FEET; THENCE WESTERLY ALONG

THENCE SOUTH 00 DEGREES 02 MINUTES 48 SECONDS EAST ALONG THE NORTHERLY

CORNER OF LOT 1 OF MUETZE MINOR SUBDIVISION PER DOCUMENT 2017K048215;

SOUTH 85 DEGREES 55 MINUTES 51 SECONDS EAST 6.01' TO THE SOUTHWEST

THE LEFT, HAVING A RADIUS OF 229,108 FEET, THE CHORD OF SAID CURVE BEARS

SAID PARALLEL LINE, 341.87 FEET; THENCE EASTERLY, 6.01 FEET ON A CURVE TO

EAST LINE; THENCE SOUTH 00 DEGREES 02 MINUTES 48 SECONDS EAST ALONG

PARALLEL WITH AND 60.00 FEET PERPENDICULARLY DISTANT EASTERLY OF SAID

THENCE SOUTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, 179.00 FEET TO A LINE

DEGREES 02 MINUTES 48 SECONDS EAST ALONG SAID PARALLEL LINE, 352.63 FEET;

PERPENDICULARLY DISTANT EASTERLY OF SAID EAST LINE; THENCE SOUTH 00

ALONG SAID SOUTH LINE, 241.25 FEET TO A LINE PARALLEL WITH AND 239.00 FEET

NEIGHBORHOOD U; THENCE NORTH 82 DEGREES 07 MINUTES 49 SECONDS EAST

THEREOF, 667.37 FEET TO THE SOUTH LINE OF PARCEL 2 IN SAID MILL CREEK

WEST ALONG SAID SOUTHERLY EXTENSION OF THE EAST LINE AND EAST LINE

THE POINT OF BEGINNING, THENCE NORTH 00 DEGREES 02 MINUTES 48 SECONDS

RIGHT OF WAY LINE OF MAIN STREET PER DOCUMENT 1330842, SAID POINT BEING

EAST LINE OF SAID PARCEL ONE, 10.03' FEET TO A POINT ON THE NORTHERLY

02 MINUTES 48 SECONDS EAST ALONG THE SOUTHERLY EXTENSION OF THE

NEIGHBORHOOD "U" PER DOCUMENT 2003K056425; THENCE SOUTH 00 DEGREES

COMMENCING AT THE SOUTHEAST CORNER OF PARCEL ONE IN MILL CREEK

7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:

THAT PART OF THE EAST HALF OF SECTION 24, TOWNSHIP 39 NORTH, RANGE

SURVEYOR, HAVE SURVEYED THE FOLLOWING DESCRIBED PROPERTY:

, AN ILLINOIS PROFESSIONAL LAND THIS IS TO CERTIFY THAT I,

COUNTY OF DEKALB) SS

STATE OF ILLINOIS)

6.00'

6.00'

SUBDIVISION

IN MUETZE MINOR

WEST LINE OF LOT 1

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MUETZE ACRES SUBDIVISIONBEING A PART OF THE EAST HALF OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS

CITY CLERK

ATTEST:

MAYOR

BY:

COUNCIL OF THE CITY OF BATAVIA, PURSUANT TO RESOLUTION NO.

BY THE CITY , A.D. 20 , DAY OFAPPROVED THIS

COUNTY OF KANE) SS

STATE OF ILLINOIS)

CITY COUNCIL CERTIFICATE

ATTEST:

(OWNERS/S)

BY:

., A.D. 20DAY OF , ILLINOIS THISDATED AT

UNDER THE AFORESAID STYLE AND TITLE.

KANE COUNTY ILLINOIS " AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME

SUBDIVISION TO BE KNOWN AS "MUETZE ACRES SUBDIVISION", IN BLACKBERRY TOWNSHIP,

AND PURPOSES THEREIN SET FORTH AS ALLOWED AND PROVIDED BY STATUE, THE

SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY THE ANNEXED PLAT FOR THE USES

IN THE FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED THE SAME TO BE

IS THE OWNER OF THE LAND DESCRIBED THIS IS TO CERTIFY THAT

COUNTY OF KANE) SS

STATE OF ILLINOIS)

OWNER'S CERTIFICATE

COMMISSION EXPIRES DATE

(NOTARY PUBLIC)(SEAL)

, A.D. 20 .DAY OFGIVEN UNDER MY HAND AND NOTARIAL SEAL THIS

PURPOSES THEREIN SET FORTH AS OR THEIRFREE AND VOLUNTARY ACT.

THE ANNEXED PLATE AND ACCOMPANYING INSTRUMENTS FOR THE USES AND

APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGE THE EXECUTION OF

SAME PERSON WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING CERTIFICATE

, PERSONALLY KNOWN TO ME TO BE THE DO HEREBY CERTIFY THAT

, A NOTARY PUBLIC IN AND FOR THE AFORESAID STATE AND COUNTY, I,

COUNTY OF KANE ) SS

STATE OF ILLINOIS )

NOTARY CERTIFICATE

PLEASE TYPE / PRINT NAME

CHAIRMAN

PLANNING COMMISSION, CITY OF BATAVIA

., A.D. 20OF

, DAY DOCUMENT HAS BEEN APPROVED BY SAID PLANNING COMMISSION THIS

BATAVIA, KANE AND DUPAGE COUNTIES, ILLINOIS, DO HEREBY CERTIFY THAT THIS

I, THE UNDERSIGNED, AS CHAIRMAN OF THE PLANNING COMMISSION OF THE CITY OF

COUNTY OF KANE) SS

STATE OF ILLINOIS)

PLANNING COMMISSION CERTIFICATE

KANE COUNTY CLERK'S CERTIFICATE

PLEASE TYPE / PRINT NAME

_________________________________

COUNTY CLERK

_________________________________

CLERK AT GENEVA, ILLINOIS, THIS _______________DAY OF_________________, A.D. 2019.

CONNECTION WITH THE ANNEXED PLAT. GIVEN UNDER MY HAND AND SEAL OF THE COUNTY

THE ANNEXED PLAT. I FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUATORY FEES IN

GENERAL TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF LAND INCLUDED IN

CERTIFY THAT THERE ARE NO DELINQUENT, NO UNPAID FORFEITED TAXES, NO UNPAID

I,___________________________, COUNTY CLERK OF KANE COUNTY, ILLINOIS, DO HEREBY

COUNTY OF KANE) SS.

STATE OF ILLINOIS)

SURFACE WATER STATEMENT

DATE:________________________________________

SIGNATURE:__________________________________

ADJOINING PROPERTY BECAUSE THE CONSTRUCTION OF THE SUBDIVISION.

ENGINEERING PRACTICE, SO AS TO REDUCE THE LIKELIHOOD OF DAMAGE TO THE

SURFACE WATERS ARE PLANNED FOR IN ACCORDANCE WITH THE GENERALLY ACCEPTED

OR DRAINS APPROVED FOR THE USE BY THE MUNICIPAL ENGINEER, AND THAT SUCH

THE COLLECTION AND DIVERSION OF SUCH SURFACE WATERS IN TO THE PUBLIC AREAS,

OR, THAT IF DRAINAGE WILL BE CHANGED, REASONABLE PROVISIONS HAS BEEN MADE FOR

NOT BE CHANGED BY THE CONSTRUCTION OF THIS SUBDIVISION OR ANY PART THEREOR,

TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE DRAINAGE OF SURFACE WATERS WILL

KANE COUNTY RECORDER'S CERTIFICATE

RECORDER

_________________________________

__________ DAY OF ______________________ A.D., 2019 AT ____________ O'CLOCK ____.M.

COUNTY, ILLINOIS, ON THE

RECORDER'S OFFICE OF KANE COUNTY, ILLINOIS ON THE COUNTY CLERK OF KANE

THIS INSTRUMENT NO.___________________________ WAS FILED FOR RECORD IN THE

COUNTY OF KANE)

SS.

STATE OF ILLINOIS)

PLAT OFFICER

., A.D. 20 THE DAY OFACCEPTED AND APPROVED BY THIS

COUNTY OF KANE) SS

STATE OF ILLINOIS)

PLAT OFFICER'S CERTIFICATE

COUNTY ENGINEER


COUNTY OF KANE) SS

STATE OF ILLINOIS)

COUNTY ENGINEER'S CERTIFICATE

HEALTH OFFICER


COUNTY OF KANE) SS

STATE OF ILLINOIS)

HEALTH OFFICER'S CERTIFICATE

STORMWATER ORDINANCE ADMINISTRATOR


COUNTY OF KANE) SS

STATE OF ILLINOIS)

STORMWATER ORDINANCE CERTIFICATE

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CITY OF BATAVIA DATE: June 21, 2019 TO: Committee of the Whole - CD FROM: Drew Rackow AICP, Planner SUBJECT: Ordinance 19-35 – Amending the City of Batavia Zoning Code

Chapter 4.2: Parking Regulations – Regarding Landscape Islands KRC Holdings, applicant

Summary: Ordinance 19-35 would amend certain provisions within the Zoning Code’s Parking Regulations that effectively require 1 parking lot island for every 10 parking spaces to instead require 1 parking lot island for every 15 parking spaces for Light and General Industrial properties. A Public Hearing was conducted by the Plan Commission on June 19th in conjunction with a Design Review to approve an approximately 150,000 square foot building at the southwest corner of Fabyan Parkway and Louis Bork Drive. Background: KRC Holdings proposes the text amendment in conjunction with the construction of a new industrial building. The building is designed as a speculative industrial building and is not being constructed for any specific tenant. The applicant has noted that the change would put Batavia’s requirement for parking lot islands in line with the Chicago industrial market. The change would allow more striped parking spaces in the same sized parking lot. Plan Commissioners asked if the proposed ratio is used elsewhere. Staff noted that it is typical to have a lower ratio in industrial areas. Plan Commissioners were understanding of the applicants request and were agreeable to the change, as it was limited to only the industrial districts. Alternatives: The City Council can approve the Ordinance as presented or with specified language changes or vote not to approve it. Alternatively, the Council may remand the issue back to the Plan Commission. The latter would require notifying a new public hearing.

Budget Impact: No budget impact is anticipated by the proposed change. Staff Impact: No staff impact is anticipated by the proposed change.

Other Impacts: The proposed change may allow for more optimal use of parking areas for industrial properties and allow for greater flexibility of leasing industrial property, but may be contrary to efforts that reduce urban heat island effects. Approving the Ordinance may have a positive impact on the development of remaining industrial sites. Staff believes that the proposed change can provide a balance of competing interests of assisting businesses with greater flexibility in parking lot design with implementing minimum standards for best practices.

Timeline for Actions: COW action will allow the Ordinance to be placed on the City Council agenda for final action on July 1.

Recommendations: By a vote of 7-0, the Plan Commission recommended City Council approval of amendments to the text of the Zoning Code as presented in draft Ordinance 19-36. The Commission also approved Design Review for the proposed building and site development. Staff recommends the COW recommend approval of Ordinance 19-47 as presented

Attachment: Draft Ordinance 19-36 c Mayor and City Council Department Heads Jim Coxworth, KRC Holdings Rolf Anderson,KRC Holdings Joe Bach, FCL Builders Media

http://www.cityofbatavia.net/AgendaCenter/ViewFile/Item/13867?fileID=9909


Page 1 of 5

CITY OF BATAVIA, ILLINOIS ORDINANCE 19-35

AMENDING THE CITY OF BATAVIA ZONING CODE TITLE 10 OF THE CITY CODE

ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 1ST DAY OF JULY, 2019

Published in pamphlet form Prepared by: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. This 2nd day of July, 2019 Batavia, IL 60510

Page 2 of 5


AMENDING THE CITY OF BATAVIA ZONING CODE TITLE 10 OF THE CITY CODE

WHEREAS, the City of Batavia's Zoning Code (City Code Title 10) contains definitions and provisions relating to the use and development of land in the City of Batavia; and

WHEREAS, KRC Holdings, Inc. has applied for an amendment to the text of the Zoning Code and the provisions have been reviewed and it has been determined that these provisions should be amended in order to better regulate the use and development of land in the City of Batavia; and

WHEREAS, public notice of proposed amendments to Title 10 of the Batavia City Code was duly given and published as required by law; and

WHEREAS, the Plan Commission of the City of Batavia conducted a Public Hearing on June 19, 2019 with respect to a proposed amendment that would accomplish the appropriate change to Title 10, and voted to recommend approval of said amendment to Title 10 of the City Code to the City Council’s Committee of the Whole; and

WHEREAS, the City Council of the City of Batavia has received the recommendation of both the Batavia Plan Commission and the Committee of the Whole, and has considered same; and

WHEREAS, it is in the best interests of the City of Batavia and its residents that the proposed Ordinance be adopted by the City Council of the City of Batavia. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois: SECTION 1: That the City of Batavia Zoning Code (Title 10 of the City Code) is hereby amended in conformance with the terms of this Ordinance.

SECTION 2: That the City of Batavia Zoning Code, Chapter 4.2: Parking Regulations, Section 4.211.B is hereby amended as follows:

4.211.B Parking Lot Landscaping and Lighting.

1. Shade Trees

a. Shade trees shall be planted in parking lot landscape planters at a ratio of 1 tree for every 10 parking spaces except in LI Light Industrial and GI General Industrial districts where the ratio shall be 1 for every 15 parking spaces. Trees shall be located throughout the parking lot to maximize the shading effect on parking spaces and to reduce summer solar heat gain. These trees are exclusive of trees planted around the perimeter of the parking lot.

CITY OF BATAVIA ORDINANCE 19-35

Page 3 of 4

b. The landscape planter, other than a landscape diamond planter, for any shade tree, shall have a minimum area of 160 square feet, and a minimum interior width of 5 feet.

c. Landscape diamond planters shall have a minimum area of 36 square feet, and shall not contain required shade trees.

d. The minimum size of parking lot trees shall be a height of 6 feet and a minimum of a 2-1/2 inch single trunk caliper measurement, measured 4 feet above grade.

2. Interior Landscaping

a. A minimum of 10 percent of the interior of all parking lots shall be landscaped, except in LI Light Industrial and GI General Industrial districts where the rate shall be 6.5 percent.

b. Required interior landscape planters shall be distributed throughout the parking lot at a rate of 1 for every 10 parking spaces, except in LI Light Industrial and GI General Industrial districts where the rate shall be 1 for every 15 parking spaces.

c. The end spaces in a row of parking spaces shall be separated from drive aisles by landscape islands or peninsulas that are a minimum width of 6 feet.

3. Light Poles. Parking lot light poles shall be located in a landscape planter or incorporated into a walkway or other pedestrian area. Concrete bases for light poles shall not exceed a height of 18 inches from finished grade.

SECTION 3: That this Ordinance 19-35 shall be in full force and effect upon its presentation, passage and publication according to the law.


Page 4 of 4




______________________________ Jeffery D. Schielke, Mayor

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Knopp 5 Uher Beck 6 Cerone Russotto 7 McFadden Miller Mayor Schielke VOTE: Ayes Nays Absent Abstentions Total holding office: Mayor and 14 aldermen

ATTEST: Ellen Posledni, City Clerk

CITY OF BATAVIA DATE: June 20, 2019 TO: Committee of the Whole - CD FROM: Joel Strassman, Planning and Zoning Officer SUBJECT: Ordinance 19-37: Approving a Variance for an Addition at 861 Ravinia Court

Benjamin Wakefield and Anique Drouin, Applicants

Summary: Attached draft Ordinance 19-37 would approve a variance for a rear addition to the residence at 861 Ravinia Court. On June 19th the Zoning Board of Appeals (ZBA) held a public hearing and did not recommended a variance be approved for an interior side setback reduction for a proposed addition. The ZBA noted that its recommendation was based on the requirement that affirmative findings for all required findings must be met to recommend variance approval; one (1) of the five (5) could not be met. The ZBA added that the proposed project would improve the property and fit the character of the area. Ordinance 19-37 is drafted in accordance with the ZBA’s positive statements about the addition.

Background: Benjamin Wakefield and Anique Drouin who reside at 861 Ravinia Court wish to construct a rear addition to their house that continues the east side wall of the residence. The addition would replace an existing an existing unpermitted deck with an enclosure. The property’s R1-L Single Family Residence zoning district requires a 12-foot side setback; the applicants are proposing a 9.35-foot setback.

The subdivision in which the property is located was developed pursuant to a 1975 annexation agreement that allowed 7.5-foot side setbacks. This agreement expired in 1995 leaving the R1-L District’s 12-foot (the same required of the property’s R1 zoning before adoption of the 2010 Zoning Code) as the effective setback.

In their application material (please see the May 29, 2019 staff memo to the ZBA) the applicants note that the changed setback requirement over time has made it difficult to add to their residence, the addition would not be very different from a covered patio that can have a 9-foot setback, and the addition would not alter the character of the area. The applicants also provided several letters of support from their neighbors.

At the hearing, the applicant noted trees and landscape improvements in the rear yard that would interfere with an alternate location for the addition. In response to a ZBA suggestion to narrow the addition to comply with the setback, Ms. Drouin stated that would render a narrowed space not being centered on the existing windows on the north side of the house and the door to the addition which is not what she wants. The applicant was represented by their attorney, Kevin Carrara, who opined that the proposed addition is more like a covered deck – having only framed screens and deck railings for sides and not having walls or windows – as defined in the Zoning Code that would be allowed a setback encroachment. Please see attached Applicant Exhibit 2, Zoning Code excerpts, in support of this opinion. Other applicant exhibits that duplicated attachment to their variance application were also submitted at the hearing and are not attached hereto, being part of the application material. Staff apprised the ZBA that it had informed the applicant of its determination that the improvement would be regulated as an addition before any zoning application was submitted, but as an alternative to the variance, they could apply for an appeal to the ZBA on that determination. No appeal was filed; this is a separate process requiring its own public notification. No other hearing attendees spoke.

The ZBA discussed at length the issue of the improvement being a covered deck or addition, concluding that their task was to consider the variance requested – for an addition – and not to consider the improvement as a covered deck. The ZBA acknowledged the addition determination was made by the Zoning Officer and was not part of its review. The ZBA also acknowledged the applicant’s stated concerns with trees and the windows and door in question. The ZBA found in the affirmative for 4 of the 5 required findings as listed in attached Ordinance 19-37. Staff notes that the finding not found in the affirmative received a 3-3 vote (Finding C); one (Finding A) received a 5-1 vote and the remaining received 6-0 votes. One ZBA member recused, stating a possible conflict. By a vote of 3-3 the ZBA failed to recommend approval of the requested variance. ZBA members did state that the proposed addition fits the house and neighborhood.

Alternatives: The City Council can, with a two-thirds majority vote, approve the Ordinance as presented (or to be amended), or deny the Ordinance as presented, or remand the action back to ZBA for further review. The latter would require notifying a new public hearing for submission of new evidence.


2

Impacts: There would be minimal impacts to the City’s budget with Ordinance approval, especially facilitation of remediating the presence of the existing, non-permitted improvements. Not improving the Ordinance would trigger staff to mandate remediation of the aforementioned improvements, often a lengthy and expensive process.


Recommendations: By a vote of 3-3, the ZBA failed to recommended approval of the requested variance. With the negative recommendation, Council approval requires a two-thirds majority vote; this requirement is unaffected by the COW recommendation. Staff reiterates the ZBA’s responsibility to render its recommendation based solely on the findings; the Council (and COW) can consider factors other those in the findings in reaching its decision.

Staff has been and continues to be supportive of the project because it removes an unpermitted improvement with an improvement that would fit the house and neighborhood, along with having an unpermitted shed that is now located in an easement remediated. In addition to this, the letters of support in the variance application from neighbors show there would be little negative neighborhood impact with the project in place. Staff feels the Council can consider these other factors and approve the variance, subject to the conditions in Ordinance 19-37. Staff has included in the Ordinance draft COW conclusions to address the finding that was not met. Attachments

1. Draft ordinance 19-37 2. Applicant’s Exhibit 2

c Mayor Department Heads Applicant Media

1 of 4 pages, excluding Exhibits A and B


APPROVING A VARIANCE FOR A SIDE SETBACK REDUCTION Benjamin Wakefield and Anique Drouin

(861 Ravinia Court)

ADOPTED BY THE MAYOR AND CITY COUNCIL THIS 1st DAY OF JULY, 2019

Published in pamphlet form Prepared by: by authority of the Mayor and City Council of the City of Batavia, City of Batavia Kane & DuPage Counties, Illinois, 100 N. Island Ave. This 2nd day of July, 2019 Batavia, IL 60510

2 of 4 pages, excluding Exhibits A & B


GRANT OF VARIANCE FOR A SIDE SETBACK REDUCTION Benjamin Wakefield and Anique Drouin

(861 Ravinia Court)

WHEREAS, Benjamin Wakefield and Anique Drouin, owners of 861 Ravinia Court, legally described as:

Lot 40 in Breton Manor Subdivision, Unit No. 3-B, in the City of Batavia, Kane County, Illinois. (PIN 12-23-454-042)

have filed an application for a Variance from Table 2.104 in the Batavia Zoning Code (City Code Title 10), to allow a building addition on single family residence in the R1-L Zoning District having an interior side setback of approximately 9.35 feet required rather than the required 12 feet; and

WHEREAS, notice was duly executed, and a public hearing was held by the Zoning Board of Appeals on June 19, 2019; and

WHEREAS, following said hearing, the Zoning Board of Appeals made the following findings:

1. There are unique circumstances applicable to the property, including its size, shape, topography, location or surroundings, where strict application of the Zoning Code would create a hardship or other practical difficulty, as distinguished from a mere inconvenience, and deprive the property owner of property rights enjoyed by other property owners in the same zoning district.

2. Such unique circumstances were not created by the current or previous owners or applicant;

3. The property can yield a reasonable return or be reasonably used for the purpose intended by the Zoning Code under the regulations in the district in which it is located, contrary to what is required of this finding;

4. The variance, if granted, would not a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;

5. The variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general; and

WHEREAS, the Zoning Board of Appeals failed to find in the affirmative for all the required findings; and

WHEREAS, due to not being able to find in the affirmative for all the required findings, the Zoning Board of Appeals recommended that the requested variance not be granted; and

WHEREAS, on June 25, 2019, the Batavia City Council’s Committee of the Whole reviewed the application and record of the hearing, and concurred with the findings of the Zoning Board of Appeals, but due to other circumstances the Committee concluded that:



1. There are limited opportunities to add to the rear of the residence without relief from the Zoning Code’s side setback requirement for this residence.

2. The proposed addition would be appropriately scaled to the residence and designed to fit the character of the residence.

3. The proposed addition is designed to require the least amount of Zoning Code relief possible to provide an attractive and functional addition to the residence; and

WHEREAS, following arriving at said conclusions, the Committee of the Whole recommended approval of the proposed variance; NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois as follows:

SECTION 1: That the application by Benjamin Wakefield and Anique Drouin, owners of 861 Ravinia Court for a Zoning Variance from Table 2.104 in the Batavia Zoning Code (City Code Title 10), to allow a building addition on single family residence in the R1-L Zoning District having an interior side setback of approximately 9.35 feet required rather than the required 12 feet, in accordance with the Exhibits attached hereto, is approved, with the following conditions:

1. The existing deck and enclosure to the north of the residence must be fully removed as part of the building permit for the proposed addition; and

2. City acceptance of a building permit application to remove or relocate the existing shed to a compliant location must precede or accompany the building permit application for the proposed addition.

Exhibit Plan Dated Prepared by

A Site Plan - Benjamin Wakefield and Anique Drouin

B Building Plans January 16, 2019 TimberBuilt, Inc. SECTION 2: That this Ordinance 19-37 shall be in full force and effect upon its presentation, passage and publication according to law.



PRESENTED to the City Council of the City of Batavia, Illinois, this 1st day of July, 2019. PASSED by the City Council of the City of Batavia, Illinois, this 1st day of July, 2019. APPROVED by me as Mayor of said City of Batavia, Illinois, this 1st day of July, 2019. _____________________________

Jeffery D. Schielke, Mayor

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Knopp 5 Uher Beck 6 Cerone Russotto 7 McFadden Miller

Mayor Schielke VOTE: Ayes Nays Absent Abstention(s) Total holding office: Mayor and 14 aldermen

ATTEST:

____________________________

Heidi Wetzel, City Clerk

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CITY OF BATAVIA DATE: June 20, 2019 TO: Committee of the Whole - CD FROM: Joel Strassman, Planning and Zoning Officer SUBJECT: Ordinance 19-46 – Amending the City of Batavia Zoning Code

Chapter 4.4: Sign Regulations – Regarding Menu Signs Michelle Freeman, Keyser Industries, applicant

Summary: Attached draft Ordinance 19-46 would approve amendments to the text of the Zoning Code to remove the prohibition of Electronic Changeable Message Signs solely for use on Menu Signs in historic districts and on landmarked properties. On June 19th the Plan Commission held a public hearing and recommended approval of amendments to the text of the Zoning Code to remove the prohibition and to address related aesthetics. Background: Applicant Michelle Freeman of Keyser Industries, on behalf of her client, McDonald’s is proposing these amendments to the Zoning Code to facilitate a future upgrade of the drive-through menu signs at McDonald’s. Ms. Freeman provided a narrative of the benefits of electronic changeable message signs that is attached to the June 13 staff memorandum to the Plan Commission. At the hearing, the Plan Commission stated support for the prosed text amendments. The Commission liked inclusion of requiring landscaping when needed to screen such signs from streets and adjacent residential properties. The Historic Preservation Commission (HPC) discussed this topic; excerpt minutes from their meeting is attached to the Plan Commission memo. The HPC was generally accepting of electronic menu sign, with certain levels of screening being provided. The attached minutes of the April 9, 2018 HPC minutes establish the HPC’s general acceptance of use of ECMS for Menu Signs. Alternatives: The City Council can approve the Ordinance as presented or with specified language changes or vote not to approve it. Alternatively, the Council may remand the issue back to the Plan Commission. The latter would require notifying a new public hearing.

Impacts: Most of the staff impacts with approving (or denying) this Ordinance has passed; only staff time to finalize the Ordinance for Council signatures and codify it remains. Approving the Ordinance may increase commerce at drive-throughs, resulting in additional retail sales taxes; not approving the Ordinance eliminates this possibility. Proposed language allows the City’s sign review/approval processes to require screening where needed.


Recommendations: By a vote of 7-0, the Plan Commission recommended City Council approval of amendments to the text of the Zoning Code as presented in draft Ordinance 19-46. Staff recommends the COW recommend approval of Ordinance 19-46 as presented.

Attachments

1. Draft Ordinance 19-46 2. Minutes of the April 9, 2018 HPC

c Mayor and City Council Department Heads Michelle Freeman, Keyser Industries Media



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CITY OF BATAVIA, ILLINOIS

ORDINANCE 19-46

AMENDING THE CITY OF BATAVIA ZONING CODE

TITLE 10 OF THE CITY CODE

ADOPTED BY THE

MAYOR AND CITY COUNCIL

THIS 1ST DAY OF JULY, 2019

Published in pamphlet form Prepared by:

by authority of the Mayor

and City Council of the City of Batavia, City of Batavia

Kane & DuPage Counties, Illinois, 100 N. Island Ave.

This 2nd day of July, 2019 Batavia, IL 60510

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CITY OF BATAVIA, ILLINOIS

ORDINANCE 19-46

AMENDING THE CITY OF BATAVIA ZONING CODE

TITLE 10 OF THE CITY CODE

WHEREAS, the City of Batavia's Zoning Code (City Code Title 10) contains definitions and

provisions relating to the use and development of land in the City of Batavia; and

WHEREAS, said provisions have been reviewed and it has been determined that these and certain

other provisions, and requirements should be amended in order to better regulate the use and

development of land in the City of Batavia; and

WHEREAS, public notice of proposed amendments to Title 10 of the Batavia City Code was duly

given and published as required by law; and

WHEREAS, the Plan Commission of the City of Batavia did, on June 19, 2019 conduct a public

hearing with respect to proposed amendments that would accomplish the appropriate changes to

Title 10, and voted to recommend approval of said amendments to Title 10 of the City Code to the

City Council’s Committee of the Whole; and

WHEREAS, the City Council’s Committee of the Whole has received the recommendation of the

Batavia Plan Commission and recommended approval of said amendments; and

WHEREAS, the City Council of the City of Batavia has received the recommendation of both the

Batavia Plan Commission and the Committee of the Whole, and has considered same; and

WHEREAS, it is in the best interests of the City of Batavia and its residents that the proposed

Ordinance be adopted by the City Council of the City of Batavia.

NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Batavia, Kane and

DuPage Counties, Illinois:

SECTION 1: That the City of Batavia Zoning Code (Title 10 of the City Code) is hereby amended

in conformance with the terms of this Ordinance.

SECTION 2: That the City of Batavia Zoning Code Chapter 4.4: Sign Regulations is hereby

amended as follows:

1. Section 4.402.L.3 shall be amended to read: “Electronic Changeable Message Signs are

prohibited for use on Wall Signs and Tower Signs. In historic districts and on landmarked

properties, all Electronic Changeable Message Signs, other than Fuel Facility Signs and

Menu Signs are prohibited.”

2. Section 4.407.B.2.g shall be amended to read: “Electronic Changeable Message Signs.

Where permitted by this Chapter (see Section 4.402.L.3), the Plan Commission, through

Design Review (or the Historic Preservation Commission through COA where applicable),

may approve an electronic Changeable Message Sign and may establish operational

restrictions. Operational restrictions include, but are not limited to, the frequency and type


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of message change and intensity of illumination. The Plan Commission (or the Historic

Preservation Commission through a COA where applicable) shall consider the visual

impacts of the sign on the uses surrounding the sign location, and traffic volume,

movements and speed in the area of the sign.

3. A new Section 4.407.B.2.i(5) shall be added to read: “Visibility. The Plan Commission

through Design Review (or the Historic Preservation Commission through COA where

applicable) may require screening be added to the site to minimize visibility of Electronic

Changeable Message Signs from streets or adjacent residentially used or zoned

properties.

SECTION 3: That this Ordinance 19-46 shall be in full force and effect upon its presentation,

passage and publication according to the law.





Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain

1 O’Brien Salvati

2 Callahan Wolff

3 Meitzler Chanzit

4 Malay Knopp

5 Uher Beck

6 Cerone Russotto

7 McFadden Miller

Mayor Schielke

VOTE: Ayes Nays Absent Abstention(s)

Total holding office: Mayor and 14 aldermen

ATTEST:

______________________________

Ellen Posledni, City Clerk

MINUTES

April 9, 2018

Historic Preservation Commission

City of Batavia

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. They 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. They may not reference some of the individual

attendee’s comments, nor the complete comments if referenced.

1. Meeting Called to Order

Vice-Chair Roller called the meeting to order at 5:32pm.

2. Roll Call

Members Present: Vice-Chair Roller; Commissioners Hohmann, Sullivan, and Sherer

Members Absent: Chair Hagemann; Bus

Also Present: Jeff Albertson, Building Commissioner; Jennifer Austin-Smith,

Recording Secretary

3. Approval of Minutes: March 12, 2018

Motion: To approve the minutes from March 12, 2018

Maker: Hohmann

Second: Sherer


Motion carried.

4. Items to be Removed, Added or Changed

There were no items to be removed, added or changed.

5. Matters From the Public (for items not on the agenda)

There were no members from the public to address the Commission.

6. COA Review: 355 First Street – Roof Replacement (A. R. Bohr Roofing, Applicant)

Justin Bohr, 1533 Lathem Street, addressed the Historic Preservation Commission (HPC). He

explained that this COA is for new roofing to match the existing front entryway roof. He plans to

tear off the bad roofing and install the new roofing with a close match in color. He showed the

HPC a sample of the roofing material and a PowerPoint slide was shown to the Commission

showing photos of the entryway. The consensus of the HPC was in support of this project.

Motion: To accept the COA as submitted

Maker: Hohmann

Second: Sullivan


Motion carried.

Historic Preservation Commission

April 9, 2018

Page 2

7. Updates:

1. 7 East Wilson Street – Historic Inspection

2. Anderson Block Building – Masonry Maintenance

3. Significant Historic Building Inspection Program

4. 10/12 North River Street – Historic Inspection

5. 227 West Wilson Street – Historic Inspection

6. 129 South Batavia Avenue – Historic Inspection

7. 8 North River Street – Historic Inspection

8. 16 East Wilson Street – Historic Inspection

9. Certified Local Government

Albertson stated that the buildings on this list are either in the enforcement or inspection process.

He announced that 10/12 North River Street would be coming before the HPC for window

replacement.

8. Other Business

Albertson announced that McDonalds would like to replace their flip sign menu board with an

electronic sign. Knowing that electronic signs are not allowed in the Historic District Albertson

wanted to have the HPC’s opinion on this matter. Sullivan commented that he does not consider

this a sign because it is not visible from the street. Sherer stated that the Commission must be

cautious on this matter to prevent any electronic signage being approved subsequent to the

approval of the electronic menu board. Hohmann agreed with Sherer and voiced his support for

this proposed menu board. Albertson noted that the menu board would be smaller than the

existing menu board. He showed the HPC a diagram of the dimensions via a PowerPoint slide.

Sherer asked about the Driehaus award and whether or not the application was for 2018 or 2019.

She noted that she saw an award show recently on PBS that distributed 2018 Driehaus Awards.

Albertson stated that the HPC Chair, Chair Hagemann, is in charge of this process and this

inquiry should be directed to him upon his return.

9. Adjournment

There being no other business to discuss, Vice-Chair Roller asked for a motion to adjourn the

meeting at 5:49pm; Made by Sullivan; Seconded by Sherer. Motion carried.

Minutes respectfully submitted by Jennifer Austin-Smith

CITY OF BATAVIA

To: City Council

From: Laura Newman, City Administrator

Date: June 20, 2019

Re: Recommending Approval of RES 19-075-R Agreement with Schoppe Design Associates Inc. for an amount not to exceed $9,275 to Perform Design Services for Entryway Signage (CS)

City Council previously approved the design of new entry way signage to replace existing signage that is more than 30 years old. The 2019 Streets and Sanitation budget includes $60,000 for replacement of our entryway signage. To date, $3,245 of that budgeted amount has been spent for graphic design services.

In order to prepare a Request for Proposals, a proper construction drawing must be prepared to include in the bid package. Staff has reviewed the qualifications and personally interviewed Schoppe Design Associates Inc. who have provided a portfolio of work demonstrating their experience and competence in providing the design services needed. The cost for required work, providing plans for two monument signs, is an amount not to exceed $9,275.

Therefore, staff recommends that the Committee of the Whole recommends to City Council approval of RES 19-075-R Authorizing an Agreement with Schoppe Design Associates, Inc., for an Amount Not to Exceed $9,275, for the Performance of Design Services for Entryway Signage.

1 of 2 pages excluding Exhibit 1


AUTHORIZING AGREEMENT WITH SCHOPPE DESIGN ASSOCIATES INC. FOR AN AMOUNT NOT TO EXCEED $9,275.00 TO PERFORM DESIGN SERVICES FOR

ENTRYWAY SIGNAGE

WHEREAS, the City of Batavia has decided to replace its entryway signs; and

WHEREAS, the City of Batavia has commissioned a graphic design rendering of its intended new entryway signs; and

WHEREAS, the City of Batavia requires engineering design services to produce a drawing of the entryway signage that can be included as part of a request for proposals to construct and install the entryway signage; and

WHEREAS, the cost of these design services is less than the amount that would require competitive bidding; and

WHEREAS, Schoppe Design Associates Inc. has the appropriate expertise and experience necessary to provide design services; and

WHEREAS, the total cost of said construction services is in the amount not to exceed

$9,275.00; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Batavia, Kane and DuPage Counties, Illinois, as follows:

SECTION 1: That the Mayor and City Clerk are hereby authorized to enter into a agreement with Schoppe Design Associates Inc. in the amount of $9,275.00. The agreement is attached hereto as Exhibit “1”.

PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this 1st day of July, 2019.




_______________________________


Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Knopp 5 Uher Beck 6 Cerone Russotto 7 McFadden Miller Mayor Schielke VOTE: Ayes Nays Absent Abstention(s) Total holding office: Mayor and 14 aldermen

ATTEST:

______________________________ Ellen Posledni, City Clerk

AGREEMENT

THIS AGREEMENT, made this 2nd day of July, 2019 by and between the CITY OF BATAVIA, (hereinafter referred to as the “City”), and Schoppe Design Associates Inc., (hereinafter referred to as the “Company), with regard to certain services in connection with the DESIGN SERVICES FOR ENTRYWAY SIGNAGE Project (hereinafter referred to as the “Project”.)

NOW THEREFORE, the City and the Company, in consideration of the mutual covenants hereinafter set forth, agree to as follows:

1. The Company agrees to perform services in connection with the Project as hereinafterstated. The Company shall at all times observe and comply with all laws, ordinances, andregulations of the federal, state, and local governments, which may in any manner affectthe preparation of proposals or the performance of the Agreement.

2. The Company has made a proposal to the City, dated May 17, 2019, attached heretoExhibit 1 and expressly made a part hereof.

3. This contract will constitute the entire agreement and understanding by and between theparties hereto, and it shall not be considered modified, altered, changed, or amended inany respect unless done so in writing with signatures by both the City and the Company.

4. The terms and conditions of this agreement will be the sole terms and conditionsfollowed for this Agreement, unless otherwise approved in writing by the City Attorneyand attached as an exhibit to this agreement. Any and all terms and conditions containedin Company’s Proposal will be superseded by the terms and conditions of this agreement.

5. The Company shall obtain, at its own expense, all permits and licenses which may berequired to complete the Agreement, and/or required by federal, state, and localregulations and laws.

6. The City does not discriminate on the basis of handicapped status in the admission of,access to, or treatment of employment in its programs and activities.

7. Illinois Prevailing Wages: To the extent the proposed contract calls for the constructionof a “public work,” within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”), Contractor shall not pay less than the prevailing rates of wages to all laborers, workmen, and mechanics performing work under this contract, and shall comply with the requirements of the Illinois Wages of Employees on Public Works Act 820 ILCS 130/1-12, to the extent they are applicable, including, without limitation, the submission of certified monthly payroll reports as required by 820 ILCS 130/5. The contractor is advised that failure to timely submit such reports shall be cause for the withholding of payments otherwise due the contractor until compliance with the reporting requirements is achieved. The current Illinois Department of Labor Prevailing Wage Rates for the County of Kane are available at their website http://www.state.il.us/agency/idol/. Prevailing wage rates are subject to revision monthly. Copies of the current prevailing wage rates are also available at the Kane County Purchasing Department, 719 Batavia Avenue, Geneva, Illinois.

EXHIBIT 1

July 2, 2019 Re: Design Services for Entryway Signage – Schoppe Design Associates Inc.

Any bond furnished under this contract shall include such provisions as will guarantee the faithful performance of such prevailing wage clause as provided by the contract. The Contractor and each of his Sub-Contractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) not less often than once each week. If a contractor or subcontractor deems the work is not subject to the Act, the contractor or subcontractor shall then submit to the City, a letter indicating receipt of this notice and their determination that the Act does not apply. If the contractor or subcontractor believes the work is not subject to the Prevailing Wage Act, and it is later determined by the Illinois Department of Labor or a court of competent jurisdiction that prevailing wages should have been paid, the contractor shall indemnify and hold the City harmless therein for all costs and penalties incurred by the City related to the violation, including reasonable attorneys fees incurred by the City to defend such an action.

8. Any payment made to the Company shall be strictly on the basis of quantum meruit. The Company shall submit to the City a detailed breakdown of hourly rates billed to date with each pay request. The detailed breakdown shall be based on the hourly rate breakdown contained in the approved proposal. The City will pay the Company for the performance of the Agreement as follows:

a. Monthly payments based on actual work satisfactorily completed, less 10% retainage

until final completion of the work b. The total Agreement payment will not exceed $9,275.00. c. Additions or deductions to the approved total amount for services must be authorized

in writing by the City. Any out of scope work must be authorized in writing by the City. Any work performed without written approval from the City shall be solely at the expense of the Company.

d. Final payment to the Company will be made once the project has been completed, all

paperwork completed and turned into the City of Batavia and/or State of Illinois, and approved with the State of Illinois and/or the City of Batavia.

9. The Company shall perform those phases of the Project to which this Agreement applies,

and shall give consultation and advice to the City during the performance of the services. 10. The Company shall secure and maintain in force throughout the duration of this

Agreement, Comprehensive General Liability including Products Liability/Completed Operations insurance naming the City as an additional insured written on an occurrence basis with a minimum coverage of $1,000,000 per occurrence and $2,000,000 policy limit, including Broad Form Contractual Liability insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 policy limit subject to the terms and conditions of the policy. The Company shall secure and maintain in force throughout the duration of this Agreement, Automobile Liability insurance in an amount not less than $1,000,000


combined single limit. Said insurance is to be extended to cover hired and non-owned vehicles. The Company shall secure and maintain in force throughout the duration of this Agreement, Umbrella or Excess Liability coverage of $2,000,000. The Company shall secure and maintain in force throughout the duration of this Agreement, Workers’ Compensation insurance, as required by statute, by an insurance company licensed to write worker’s compensation in the State of Illinois. Employer’s Liability, in an amount not less than $500,000 each accident, $500,000 disease-policy limit and $500,000 disease-each employee. The insurance provided by Company shall be primary, and not contributory to any insurance purchased by the City. All insurance policies required by this contract shall be underwritten by insurance companies with a minimum A.M. Best rating of A. The certificate of insurance shall provide that it will not be canceled, reduced, or materially changed without providing the City thirty (30) days advance notice, via certified mail. The Company shall not commence work under this contract until they have obtained all insurance required and such insurance has been approved by the City, nor shall the Company allow any subcontractors (hereafter Subs) to commence work on their subcontract until the same insurance has been obtained by the Sub. The Company and their Subs shall maintain all insurance for not less than one (1) year after completion of this contract. If the Company is providing architectural, engineering, or surveying services, Company shall also file a certificate of insurance for professional liability, errors and omissions coverage subject to final acceptance by the City of said coverage. In the event the City requires contractors or subcontractors working on City projects to acquire and provide proof of insurance covering public liability, death, and property damage naming the City as an insured, the City shall require said contractors or subcontractors to name the Company as an additional insured.

11. The Company shall provide the services as required herein in accordance with the

Project Schedule. 12. The Company shall attend conferences and visit the site of the work as may be outlined in

the Request for Proposal at any reasonable time when requested to do so by the City. 13. The Company represents and warrants that they are technically qualified and entirely

conversant with the requirements of this Project; and that they have sufficient properly trained, organized, and experienced personnel and/or subcontractors to perform the services enumerated herein.

14. The City and the Company each binds themselves and their partners, successors,

executors, administrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, and as noted in the attachments, neither the City not the Company shall assign, subcontract, or transfer their interest in this


Agreement without the written consent of the other. Nothing herein will be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor will it be construed as giving any rights or benefits hereunder to anyone other than the City and Company.

The Company may subcontract portions of the work upon written approval from the City.

These Subs shall conform, in all respects, to the applicable provisions specified and shall further be subject to approval by the City. The Company shall identify all proposed Subs who will furnish services under the terms of this proposal. The work to be done by the Subs must be outlined in detail in the proposal submitted by the Company. None of the services to be furnished by the Company may be subcontracted, assigned, or transferred to any other party or parties without the written consent if the City. The consent to subcontract, assign, or otherwise transfer any portion of the services to be furnished by the Company will not be construed to relieve the Company of any responsibility for the fulfillment of this Agreement. Any request for payment to the company, for work that was subcontracted, must be supported with a waiver of lien and contractor’s affidavit indicating the subcontractor has been paid and waives any lien on the project or funds for the project.

15. The Company shall indemnify, defend, and hold harmless the City, its officers, agents

and employees, from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or damage to property occasioned by the negligent act, omission, or failure of the Company, its officers, agents and employees, in performing the work required by this Agreement

16. The City agrees to review each and every phase of the Project as in the aforementioned

proposal in a timely manner. Upon approval of each phase, the Company shall then proceed to the next phase.

17. All drawings, specifications, reports, and any other project documents prepared by the

Company in connection with any or all of the services to be furnished hereunder shall be delivered to the City for the expressed use of the City. The Company does have the right to retain original documents, but shall cause to be delivered to the City such quality of documents so as to assure total reproducibility of the documents delivered. All information, worksheets, reports, design calculations, plans, and specifications shall be the sole property of the City unless otherwise specified in the negotiated agreement. The Company agrees that the basic survey notes and sketches, charts, computations, and other data prepared or obtained by the Company pursuant to the Agreement will be made available, upon request, to the City without cost and without restriction or limitations as to their use. All field notes, test records, and reports shall be available to the City upon request.

18. The City reserves the right by written amendment to make changes in requirements,

amount of work, or engineering time schedule adjustments. The Company and the City shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes.

19. The City may, at any time by written order, require the Company to stop all or part of the

services required by this Agreement. Upon receipt of such an order the Company shall immediately comply with its terms and take all steps to minimize the occurrence of costs


allocable to the services covered by the order. The City will pay for costs associated with suspension provided, they are deemed reasonable by the City.

20. The City reserves the right to terminate the whole or any part of this Agreement, upon ten

(10) calendar day’s written notice to the Company. The City further reserves the right to cancel the whole or part of the Agreement, if the Company fails to perform any of the previsions in the Agreement of fails to make delivery within the time stated. The Company will not be liable to perform if situations arise by reason of acts of God or public enemy, acts of City, fires, or floods.

a. Should any of the key personnel identified in the Proposal become unavailable to

work on the project, and no permanent substitute personnel reasonably satisfactory to the City is provided by the Company within thirty (30) days, and/or no temporary replacement personnel is provided by the Company immediately following the commencement of the subject Key Personnel’s unavailability, the City may, at its election, declare such contract terminated and at an end, reserve the right to maintain and action to recover damages arising due to breach of contract

b. The City reserves the right to terminate in whole or any part of this contract, upon

written notice to the Company, in the event of default by the Company. Default is defined as failure of the Company to perform any of the provisions of this contract of failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event of default and termination, the City ay procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated.

The Company shall be liable to the City for all excess costs for such similar supplies

or service unless evidence is submitted to the City that in the sole opinion of the City clearly proves that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Company.

c. Upon termination, the Company shall cause to be delivered to the City all surveys,

reports, permits, agreements, calculations, drawings, specifications, partially and completed estimates, and data, as well as products of computer aided drafting, design, and writing that have been paid for by the City. Cost of termination incurred by the Company before the termination date will be reimbursed by the City only, if prior to the effective termination date, the City receives from the Company a list of actions necessary to accomplish termination and the City agrees in writing that those actions be taken. Upon receipt of the termination notice, the Company shall stop all work until said Agreement is reached.

21. The City agrees to notify the Company at least twenty-four (24) hours in advance of the

need for personnel or services. 22. Nothing contained in this Agreement, nor the performance of the parties hereunder, is

intended to benefit, nor shall inure to the benefit of, any third party, including the City’s Contractors, if any.


23. An notice relating to claims for damages or relating to allegations of default shall be in writing and shall be made by certified or registered mail, postage prepaid, return receipt requested, or reliable overnight courier, to the parties as follows:

If to Company: Schoppe Design Associates Inc. Attn: Mike Schoppe 126 S. Main Street Oswego, IL 60543 If to the City: City of Batavia Attention: City Clerk 100 North Island Avenue Batavia, IL 60510 with copies to: City of Batavia Attention: Laura Newman 200 N. Raddant Road Batavia, IL 60510 and: City of Batavia

Attention: City Attorney 100 North Island Avenue Batavia, IL 60510

24. This Agreement contains the entire agreement between the parties. No other writing, discussion or any other communication about possible terms is to be construed as forming part of the agreement between the parties. Any terms and conditions submitted by the Company as part of its proposal are specifically disavowed and such terms and conditions shall not supersede this Agreement.

25. This Agreement shall be binding upon the partners, heirs, successors, executors,

administrators, and assigns of all the parties hereto. 26. This Agreement shall be construed in accordance with the laws of the State of Illinois.

Venue for any litigation arising from this Agreement shall be limited to the Courts of the Sixteenth Judicial Circuit, Kane County, Illinois.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.

CITY OF BATAVIA, an Illinois Company, Municipality,

By: __________________________ By: ________________________________ Mayor President


Attest: Attest: By: __________________________ By: ________________________________ City Clerk Secretary

CITY OF BATAVIA

To: City Council

From: Laura Newman, City Administrator

Date: June 20, 2019

Re: Recommending Approval of RES 19-076-R Authorizing a License Agreement with Batavia School District 101 to Construct a Sidewalk from Smith Court Through Hoover Drive (GS)

A licensing agreement with the Batavia School District 101 is necessary to allow the school district to enter in and upon property owned by the City of Batavia to construct a sidewalk from Smith Court to Hoover Drive.

By way of background, in 2007, the City passed Ordinance 07-81 which granted a Conditional Use to the Batavia School District for the expansion of Alice Gustafson School for an early childhood education center and classroom expansions. The Ordinance had several conditions, one of which was the requirement that the school district construct a pathway from the School to Smith Court across land owned by the City. The sidewalk will provide a convenient route for parents and student of Alice Gustafson Elementary School.

The agreement has no budgetary impact on the City of Batavia except the legal costs for review of the agreement by the City Attorney and staff time negotiating the agreement with representatives of the school district which have already been incurred.

The sidewalk has a net positive environmental impact. While it creates additional impervious space, it also provides additional opportunity for residents to walk or bike to Alice Gustafson School.

For these reasons, staff recommends that the Committee of the Whole recommends to City Council approval of RES 19-076-R Authorizing a License Agreement with Batavia School District 101 to Construct a Sidewalk from Smith Court Through Hoover Drive.



AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH BATAVIA SCHOOL DISTRICT 101 TO CONSTRUCT A SIDEWALK FROM SMITH COURT THROUGH

HOOVER DRIVE

WHEREAS, the City of Batavia is the owner of certain real estate commonly known as Lot 5 in Mill Creek subdivision Unit Number 1 and fifty feet (50’) of former Burlington Northern and Santa Fe railroad property; and

WHEREAS, the Batavia School District 101 is required and the City of Batavia is agreeable to provide a license to allow the Licensee to construct a walkway through the City property to allow students access, ingress and egress through, to and from Smith Court to Hoover Drive as they walk from Alice Gustafson Elementary School.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Batavia, Kane and DuPage Counties, Illinois, as follows:

SECTION 1: That the City Administrator is hereby authorized to enter into a license agreement with Batavia School District 101 to allow Batavia School District to construct a sidewalk from Smith Court to Hoover Drive on property owned by the City of Batavia. The license agreement is attached hereto as Exhibit “1”.

PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this 1st day of July, 2019.




_______________________________


Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Salvati 2 Callahan Wolff 3 Meitzler Chanzit 4 Malay Knopp 5 Uher Beck 6 Cerone Russotto 7 McFadden Miller Mayor Schielke VOTE: Ayes Nays Absent Abstention(s) Total holding office: Mayor and 14 aldermen

ATTEST: ______________________________ Ellen Posledni, City Clerk

EXHIBIT 1