documents: located at 1203 -1233 north washington avenue

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

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

Committee of the Whole AgendaTuesday, January 28, 2020

7:00 PM Council Chambers 1st Floor

Roll Call

Reminder: Please Speak Into The Microphone For BATV Recording

Approve Minutes For January 7, 2020

COW 20-01-07M.PDF

Items Removed/Added/Changed

Matters From The Public (For Items NOT On Agenda)

PUBLIC HEARING 7:00 P.M.: Annexation Agreement For Property At 1203-1233 North Washington Avenue

Ordinance 20-09: Authorizing The Execution Of An Annexation Agreement For Property Located At 1203-1233 North Washington Avenue (JS 1/22/20) CD

ORD 20-09 AND ORD 20-10 ANX AGMT ZONE VOL1203 N WASHINGTON.PDF

Ordinance 20-10: Annexing Territory And Amending The Zoning Map For Property Located At 1203-1233 North Washington Avenue (JS 1/22/20) CD


Presentation: Kane County Bike Share Program Provided By Koloni

Resolution 20-017-R: Consider Gateway Improvement Grant For Energy City Brewing, 917 First Street (New Commercial Sign) (CA 1/22/20) CD

RES 20-017-R GATEWAY IMPROVEMENT GRANT ENERGY CITY BREWING.PDF

Ordinance 20-11: Approving A Conditional Use Permit For A Video Gaming Establishment In The GC General Commercial District, Funway 1335 South River Street, Windmill City Entertainment, Applicant (DMR 1/21/20) CD

ORD 20-11 FUNWAYGAMING-CU-01-21-2020.PDF

Ordinance 20-12: Approving A Conditional Use Permit For A Recreational Facility, Indoor-Large Scale In The GC General Commercial District, Edge Fitness, 301 North Randall Road, KIR Batavia 051, LLC, Applicant (JLS 1/22/20) CD

ORD 20-12 EDGE FITNESS CU.PDF

Ordinance 20-08: Amend Title 7, Chapter 1, Section 11 Of The Municipal Code Related To Signs & Awnings (GH 1/23/30) CD

ORD 20-08 AMEND MUNICIPAL CODE RELATED TO SIGNS AND AWNINGS.PDF

Resolution 20-003-R: Adopt A License Agreement For Awnings Over A Public Right-Of-Way (GH 1/23/20) CD

RES 20-003-R LICENSE AGREEMENT FOR AWNINGS OVER A PUBLIC ROW.PDF

Resolution 20-007-R: Authorization To Purchase A 2020 John Deere 410L Combination Loader/Backhoe For $134,000.00 From West Side Tractor Sales Company (SH 1/7/20) CS

RES 20-007-R PURCHASE 2020 JD 410L COMBINATION LOADER BACKHOE FROM WEST SIDE TRACTOR.PDF

Resolution 20-009-R: Authorization To Purchase A 2020 John Deere 1575 Tractor With Front Mount Broom And Snow Blower Attachments For $41,432.90 From Buck Brothers, Inc. (SH 1/7/20) CS

RES 20-009-R PURCHASE A 2020 JD 1575 TRACTOR WITH FRONT BROOM AND SNOW BLOWER ATTACHMENTS FROM BUCK BROTHERS.PDF

Resolution 20-010-R: Authorization To Purchase A 2020 Ford T150 Cargo Van For $23,042.00 From Landmark Ford, Inc. (SH 1/9/20) CS

RES 20-010-R PURCHASE A 2020 FORD T150 VAN FROM LANDMARK FORD.PDF

Resolution 20-018-R: Authorization To Purchase A 2020 Peterbilt Chassis For $97,675.00 From JX Peterbilt (SH 1/23/20) CS

RES 20-018-R PURCHASE A PETERBILT CHASSIS FROM JX PETERBILT.PDF

Ordinance 20-13: Approve New Drug And Alcohol Policy (WB 1/28/20) GS

ORD 20-13 ADOPTING THE DRUG AND ALCOHOL POLICY.PDF

Resolution 20-013-R: Authorizing Purchase Of Water Meters (JB 1/15/20) PU

RES 20-013-R AUTHORIZING PURCHASE OF WATER METERS.PDF

Resolution 20-014-R: Authorizing Execution Of Task Order # 18 With Engineering Enterprises For Professional Services Related To Preliminary Engineering Of The Holy Cross Force Main For An Hourly Amount NTE $30,407.00 (JB 1/15/20) PU

RES 20-014-R AUTHORIZING TASK ORDER 18 HOLY CROSS FORCE MAIN REPLACEMENT.PDF

Project Status

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Executive Session: Collective Bargaining

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http://cityofbatavia.net/





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http://il-batavia2.civicplus.com/6a2e2728-a2eb-426a-b944-3f56fcb47894

MINUTES January 7, 2020

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, Malay, Uher, Cerone, McFadden Members Absent: Also Present: Mayor Schielke; Laura Newman, City Administrator; Gary Holm,

Director of Public Works; Anthony Isom, Assistant to the City Administrator; Wendy Bednarek, Director of Human Resources 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 at this time. 5. Resolution 20-001-R: Authorize Acceptance of Plat of Easement for 1998 McKee

Raising Cane (CB 12/11/19) CS Holm presented the Committee with a site plan and showed the easement for facilities. Holm explained that the easement is not for something future but for something present, which is storm sewer. Motion: To recommend approval Resolution 20-001-R: Authorize Acceptance of Plat of

Easement for 1998 McKee Raising Cane Maker: Wolff Second: Uher Voice Vote: 13 Ayes, 0 Nays, 1 Absent Motion carried. CONSENT AGENDA

Committee of the Whole January 7, 2020 Page 2 6. Ordinance 20-05: Amend Wages and Salaries for Non-Collectively Bargained

Employees (WB 1/7/20) GS Bednarek overviewed the memo and explained the certifications for arborist as shown on the amendment. The last certification pay is for the Illinois Public Services Association (IPSA) for Public Works leadership. Motion: To approve Ordinance 20-05: Amend Wages and Salaries for Non-Collectively

Bargained Employees Maker: Chanzit Second: McFadden Voice Vote: 13 Ayes, 0 Nays, 1 Absent Motion carried. 7. Ordinance 20-06: Regulate 2020 Wages of Paid-on-Call Firefighters (WB 1/7/20) GS Bednarek overviewed the memo and noted that the increase is 2.5%. Chanzit added that the same is true for Ordinance 20-07 with the 2.5% carried over. Bednarek agreed. Motion: To approve Ordinance 20-06: Regulate 2020 Wages of Paid-on-Call Firefighters Maker: Chanzit Second: McFadden Voice Vote: 13 Ayes, 0 Nays, 1 Absent Motion carried. CONSENT AGENDA 8. Ordinance 20-07: Regulate 2020 Payment of ESDA Volunteers (WB 1/7/20) GS Motion: To approve Ordinance 20-07: Regulate 2020 Payment of ESDA Volunteers Maker: Chanzit Second: McFadden Voice Vote: 13 Ayes, 0 Nays, 1 Absent Motion carried. CONSENT AGENDA 9. Project Status Newman reported at the Board of Fire and Police Commissioners Gary Labarber was promoted to Police Sergeant. 10. Other Newman stated that last night there was a request for a temporary on-street overnight parking permit and she wanted to place on next week’s agenda. Newman asked whether or not this should be placed on the Consent Agenda. One of the concerns is we want to talk about why in this instance this was granted as an exception. This might have the propensity to invite others in similar situations. It might be good to have that discussion so that people understand why the exception is being given in this case. Chair Wolff stated he would like to see the Ordinance and talk about it before it goes onto Consent and have it go through. Newman stated that the Chief of

Committee of the Whole January 7, 2020 Page 3 Police and staff have less authority than City Council on this matter. Newman noted that the Chief had expressed reluctance in granting the exception in this case and Newman concurs. She explained that they have a hard time understanding what the difference would be between this and other residents who have more cars than the driveway allows. Chanzit stated that if there were no support at the staff level he would rather not see it go to Council. Chair Wolff stated that he would like the ordinance reviewed. If it is in the ordinance that it is our choice than that is what we would have to do. Uher stated that the resident could not make Tuesday evenings to attend a Committee of the Whole meeting due to another commitment. Newman noted that this could be discussed at a City Council meeting during ‘Matters from the Public’ on the agenda. 11. Adjournment There being no other business to discuss, Chair Wolff asked for a motion to adjourn the meeting at 7:18pm; Made by Knopp; Seconded by Uher. Motion carried. Minutes submitted by Jennifer Austin-Smith, Recording Secretary, on January 7, 2020.

CITY OF BATAVIA TO: Committee of the Whole (CD)

FROM: Joel Strassman, Planning and Zoning Officer

DATE: January 22, 2020

SUBJECT: Ordinance 20-09: Authorizing the Execution of an Annexation Agreement Ordinance 20-10: Annexing Territory and Amending the Zoning Map for Property Located at

1203-1233 North Washington Avenue Summary: Approval of the attached draft ordinances would execute an annexation agreement with the owners of the property located at 1203-1233 North Washington Avenue, and annex and zone the property. A public hearing for the annexation agreement is scheduled for the January 28th Committee of the Whole (COW) meeting.

Background: Ralph and Sue Ollman, property owners, voluntarily petitioned for annexation of their approximately 11.3-acre property. They are requesting the property be zoned R4 Multi-Family Medium Density, consistent with its Comprehensive Plan Land Use Classification of Residential >8-15 Dwelling Units per Acre rather than the default R0 Single Family District upon annexation. The Ollmans are not seeking to develop the property currently. In addition to waiving fees associated with the annexation process, the annexation agreement attached to Ordinance 20-09 obligates the City to zone the property to the R4 District with annexation. Property ownership extends to the centerline of Washington Avenue; the agreement obligates dedication of the east 40 feet of the property for Washington Street right-of-way if the property is sold for open space purposes or developed. The agreement specifies that the agreement be amended when development is proposed or new connection to one or more City utilities is sought along with payment of customary connection and development-related fees. The Plan Commission held a public hearing regarding the proposed Zoning Map amendment regarding the proposed Zoning Map amendment in November. At the hearing, three (3) area residents spoke, one speaking for some of his neighbors, voicing concerns of increased traffic with future development. The speakers also suggested multi-family zoning be considered with a development plan, and questioned impacts to real estate taxes and to trees and wildlife on the forested site. Commissioners noted potential traffic impacts and the variety of zoning districts along North Washington Street. One Commissioner felt that establishing a zoning district other than the default district be considered with approval of development. Attached is a draft excerpt of the meeting minutes for this hearing. The Commission’s positive findings, including for conforming to the Comprehensive Plan, are included in draft Ordinance 20-10.

Alternatives • Execute the annexation agreement, and approve annexing and zoning the property as proposed • Do not execute the agreement and do not annex the property • Provide direction to staff to renegotiate specific terms of the agreement and return with an amended

proposed agreement and, if warranted, a Plan Commission recommendation for a different zoning district for the property.

Impacts: Other than nominal costs incurred for notifications, and future costs for document recording, with annexation the City would realize a small increase in assessed value resulting in a positive impact to real estate tax revenue. There would be no impacts to staffing.

Timeline for Actions: COW action will allow for Council final action on February 3, with approval immediately executing the agreement and annexing and zoning the property.

Recommendations: By a vote of 4-2 (1 absent) the Commission recommended approval of the proposed amendment to the Zoning Map. Staff recommends approval of Ordinances 20-09 and 20-10 as presented.

Attachments 1. Draft Ordinance 20-09 2. Draft Ordinance 20-10 3. Draft excerpt of Plan Commission meeting minutes

c Mayor and City Council Ralph and Sue Ollman, property owners Media

http://www.cityofbatavia.net/AgendaCenter/ViewFile/Item/14490?fileID=10675


1 of 3 pages excluding Exhibit 1

CITY OF BATAVIA, ILLINOIS ORDINANCE 20-09

AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT RALPH V. AND SUE G. OLLMAN AND

THE CITY OF BATAVIA FOR PROPERTY LOCATED AT

1203, 1231, AND 1233 NORTH WASHINGTON AVENUE , GENEVA TOWNSHIP, ILLINOIS

ADOPTED BY THE MAYOR AND CITY COUNCIL 3RD DAY OF FEBRUARY, 2020

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 4th day of February, 2020 Batavia, IL 60510



AN ORDINANCE AUTHORIZING THE EXECUTION OF AN

ANNEXATION AGREEMENT RALPH V. AND SUE G. OLLMAN AND THE CITY OF BATAVIA

FOR PROPERTY LOCATED AT 1203, 1231, AND 1233 NORTH WASHINGTON AVENUE, GENEVA TOWNSHIP, ILLINOIS

WHEREAS, it is in the best interests of the City of Batavia, Kane and DuPage Counties, Illinois, that a certain Annexation Agreement, dated February 3, 2020, and attached hereto as Exhibit 1, between Ralph V. and Sue G. Ollman (“Owners”) and the City of Batavia (“City”) be approved and executed; and WHEREAS, the Owners are legal owners of record of the property at 1203, 1231, and 1233 North Washington Avenue, Geneva Township, Illinois (“Territory”) which is the subject matter of such an agreement, are ready, willing, and able to enter into said Agreement and to perform the obligations as required thereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11/1-15.1, as amended, as well as the requirements of the Batavia Municipal Code, for the execution of said Agreement have been fully complied with, including all notices to the public, notices to certain taxing jurisdictions, and the holding of certain public hearings; 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 Annexation Agreement attached hereto as Exhibit 1 is approved and the Mayor be and is hereby authorized and directed to execute, and the City Clerk is directed to attest, the said Annexation Agreement. SECTION 2: That this Ordinance 20-09 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 3rd day of February, 2020. PASSED by the City Council of the City of Batavia, Illinois, this this 3rd day of February, 2020. APPROVED by me as Mayor of said City of Batavia, Illinois, this 3rd day of February, 2020.

______________________________ Jeffery D. Schielke, Mayor

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Baerren 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

Exhibit A

Legal Description

PARCEL ONE: THAT PART OF A FRACTIONAL NORTHEAST QUARTER OF SECTION 15, TOWNSHIP

39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF A PUBLIC HIGHWAY

(WASHINGTON AVENUE) LEADING FROM BATAVIA TO GENEVA ON THE EAST SIDE OF THE FOX

RIVER AND THE SOUTH LINE OF SAID FRACTIONAL NORTHEAST QUARTER; THENCE NORTH 0°26'

EAST, ALONG SAID CENTER LINE, 495.0 FEET FOR THE POINT OF BEGINNING; THENCE

CONTINUING NORTH 0°26' EAST, ALONG SAID CENTER LINE, 501.63 FEET TO THE LINE OF AN

OLD FENCE EXTENDED FROM THE WEST; THENCE NORTH 87°46' WEST, ALONG THE LINE OF

SAID FENCE, 858.29 FEET TO THE EASTERLY BANK OF THE FOX RIVER; THENCE SOUTHERLY,

ALONG SAID EASTERLY BANK TO A LINE DRAWN SOUTH 89°18' WEST OF THE POINT OF

BEGINNING; THENCE NORTH 89°18' EAST, 893.00 FEET TO THE POINT OF BEGINNING

(EXCEPTING THERE FROM THE FORMER RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN

RAILWAY), TOGETHER WITH THAT PORTION OF WASHINGTON AVENUE LYING SOUTH OF THE

NORTH LINE OF THE ABOVE DESCRIBED PROPERTY AND LYING NORTH OF THE SOUTH LINE OF

LOT 62 IN BATAVIA HIGHLANDS UNIT 1 AND EXCEPTING THAT PORTION OF WASHINGTON

AVENUE PREVIOUSLY ANNEXED, IN THE TOWNSHIP OF GENEVA, KANE COUNTY, ILLINOIS.

PARCEL TWO: THAT PART OF A FRACTIONAL NORTHEAST QUARTER OF SECTION 15, TOWNSHIP





EAST, ALONG SAID CENTER LINE, 495.00 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH

0°26' WEST, ALONG SAID CENTER LINE, 150.00 FEET; THENCE SOUTH 89°18' WEST, 728.86 FEET

TO THE EASTERLY RIGHT OF WAY LINE OF THE FORMER CHICAGO AND NORTHWESTERN

RAILWAY; THENCE NORTHWESTERLY, ALONG SAID EASTERLY RIGHT OF WAY LINE, 152.26 FEET

TO A LINE DRAWN SOUTH 89°18' WEST OF THE POINT OF BEGINNING; THENCE NORTH 89°18'

EAST, 758.13 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF

WASHINGTON AVENUE PREVIOUSLY ANNEXED, IN THE TOWNSHIP OF GENEVA, KANE COUNTY,

ILLINOIS.

1 of 3 pages excluding Exhibits A & B


AN ORDINANCE ANNEXING AND ZONING 1203, 1231, AND 1233 NORTH WASHINGTON AVENUE,

GENEVA TOWNSHIP, ILLINOIS TO THE CITY OF BATAVIA, KANE AND DUPAGE COUNTIES, ILLINOIS





AN ORDINANCE ANNEXING AND ZONING 1203, 1231, AND 1233 NORTH WASHINGTON AVENUE, GENEVA TOWNSHIP ,

ILLINOIS TO THE CITY OF BATAVIA, KANE AND DUPAGE COUNTIES, ILLINOIS

WHEREAS, the City of Batavia, Kane and DuPage Counties, Illinois (“City”), has received a petition to annex from the property owners of 1203, 1231, and 1233 North Washington Avenue, Geneva, Illinois; and

WHEREAS, the parcel is currently unincorporated, is contiguous to the City limits and eligible for annexation; and

WHEREAS, the property is designated by PINs 12-15-202-002 and 12-15-202-003, and is legally described in EXHIBIT “A” and the Map of Territory to be Annexed is attached as EXHIBIT “B” (“Territory”); and

WHEREAS, the said Territory is not within the corporate limits of any municipality but is contiguous to the City of Batavia; and WHEREAS, the City is desirous of having said territory annexed into the City of Batavia and zoned R-4 Multi-Family Family Medium Density District; and WHEREAS, the Plan Commission conducted a Public Hearing on December 4, 2019 for a proposed Zoning Map Amendment of said territory to apply the R-4 Multi-Family Medium Density District, in accordance with said Annexation Agreement upon annexation and approval of same; WHEREAS, legal notices regarding the intention of the City to annex said Territory have been sent to all public bodies required to receive such notice by State Statute including the Fire District Trustees, Library District Trustees, the Township Supervisor, Township Highway Commissioner, Clerk and Trustees and the Corporate Authorities of Kane County; and WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of said annexation, the Statutes of the State of Illinois, specifically 65 ILCS 5/7-1-8, and the requirements of the Batavia Municipal Code; and WHEREAS, it is in the best interest of the City of Batavia that the Territory described and depicted in EXHIBIT “A” and “B” be annexed thereto and the territory be zoned R-4 Multi-Family Medium Density District pursuant to the City of Batavia Municipal Code; 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 Territory described as attached hereto on EXHIBITS “A” and “B” is hereby annexed to the City of Batavia, Kane and DuPage Counties, Illinois.

SECTION 2: That said Territory described as attached on EXHIBITS “A” and “B” is hereby zoned R-4 Multi-Family Medium Density District, under the terms and conditions of the Batavia Municipal Code.



SECTION 3: That the City Clerk is hereby directed to record with the Kane County Recorder and to file with the County Clerk a certified copy of this Ordinance, together with an accurate map of the Territory annexed appended to said Ordinance.

SECTION 4: That the official zoning map of the City of Batavia is hereby amended in conformance with the terms of this Ordinance.

SECTION 5: This Ordinance 20-10 shall be in full force and effect upon its passage, presentation and approval according to law.





Exhibit A

Legal Description





























ILLINOIS.

Exhibit B

DRAFT EXCERPT MINUTES December 4, 2019

Plan Commission and Zoning Board of Appeals City of Batavia

PUBLIC HEARING: Amendment to the Official Zoning Map 1203-1231 North Washington Ave – R4 Multi-Family Medium Density District City of Batavia, Applicant Motion: To open the Public Hearing Maker: Harms Second: Stark Voice Vote: 6 Ayes, 0 Nays, 1 Absent Motion carried. Strassman summarized the staff memo. The property is the subject of an annexation petition and the City is proposing appropriate zoning for the property, aligning its zoning district to its land use classification in the City’s Comprehensive Plan and to facilitate future development. Stark asked if this is another donut hole the City is trying to eliminate. Strassman answered yes, as the expected annexation would reduce the size of the donut hole. Chair LaLonde welcomed those in the audience to address the Commission. David Fortney, 1406 North Washington Avenue in unincorporated Geneva Township, stated that he is not against growth. However, Route 25 is a narrow street. An apartment complex could cause a lot of congestion to that area. He added that he also speaks for his neighbors at 1414 North Washington Avenue in Batavia and 1332 North Washington Avenue in unincorporated Geneva Township. He asked what the City plans on doing to prevent traffic congestion. He commented that it appears it would be more appropriate to increase the density of this property when there is interest in developing the property. He questioned why we couldn’t leave the property zoned as it is and if a development comes around then we could change the zoning. This change makes him think that there is already a buyer interested in the property. Buening stated that the property owner agreed to annex into the City if the zoning were changed to R4. Buening was informed that the property has been within the family for over one hundred years and they have no plans to sell the property at this time or do any development. They wanted to have that zoning classification because they felt that would protect them for future development. They have no intention to sell the property right now. Fortney noted that the property’s steep slope that would a challenge to design for development. Valerie Taylor, 1230 N Washington in Batavia, stated that there is a lot of congestion on Route 25 and having multi-family housing would cause more congestion. She asked if Route 25 would be widened to accommodate more traffic. Buening stated that if there is a development proposal, the developer would have to provide various information to the City about managing traffic. She stated the area is forested and asked how development would impact the wildlife that already exists. She also questioned how a future development would affect our taxes. Strassman stated that the

rezoning would have no affect because there is no development on the property. If it were developed it would have a positive overall impact to the taxes to the City. There would be more revenue and a higher assessed value. Buening added that the assessor assesses the property on the use and not the zoning. Chair LaLonde noted that the proximity to the intersection could be problematic and he would rather see a proposal that works before he votes for higher density. Stark noted that this area is a hodgepodge of zoning. She does not think this proposed zoning density is out of character for the area or for what the Comprehensive Plan calls for. Gosselin added that he would prefer a lower density but is inclined to vote in favor of the proposal. Chair LaLonde asked if there were any more questions or comments from the audience. There were none. Motion: To close the Public Hearing Maker: Harms Second: Stark Voice Vote: 6 Ayes, 0 Nays, 1 Absent Motion carried. Motion: To find in favor of the findings as written in the staff memo Maker: Harms Second: Stark Roll Call Vote: Aye: Harms, Joseph, LaLonde, Peterson, Gosselin, Stark Nay: 6-0 Vote, 1 Absent, Motion carried. Motion: To recommend to City Council approval of a Zoning Map amendment to reclassify

the property from R0 Single Family District (the default zoning classification with annexation) to the R4 Multi-Family Medium Density District

Maker: Peterson Second: Harms Roll Call Vote: Aye: Peterson, Gosselin, Stark Harms Nay: Joseph, LaLonde 4-2 Vote, 1 Absent, Motion carried.

CITY OF BATAVIA TO: Committee of the Whole (CD)


DATE: January 22, 2020

SUBJECT: Ordinance 20-09: Authorizing the Execution of an Annexation Agreement Ordinance 20-10: Annexing Territory and Amending the Zoning Map for Property Located at

1203-1233 North Washington Avenue Summary: Approval of the attached draft ordinances would execute an annexation agreement with the owners of the property located at 1203-1233 North Washington Avenue, and annex and zone the property. A public hearing for the annexation agreement is scheduled for the January 28th Committee of the Whole (COW) meeting.

Background: Ralph and Sue Ollman, property owners, voluntarily petitioned for annexation of their approximately 11.3-acre property. They are requesting the property be zoned R4 Multi-Family Medium Density, consistent with its Comprehensive Plan Land Use Classification of Residential >8-15 Dwelling Units per Acre rather than the default R0 Single Family District upon annexation. The Ollmans are not seeking to develop the property currently. In addition to waiving fees associated with the annexation process, the annexation agreement attached to Ordinance 20-09 obligates the City to zone the property to the R4 District with annexation. Property ownership extends to the centerline of Washington Avenue; the agreement obligates dedication of the east 40 feet of the property for Washington Street right-of-way if the property is sold for open space purposes or developed. The agreement specifies that the agreement be amended when development is proposed or new connection to one or more City utilities is sought along with payment of customary connection and development-related fees. The Plan Commission held a public hearing regarding the proposed Zoning Map amendment regarding the proposed Zoning Map amendment in November. At the hearing, three (3) area residents spoke, one speaking for some of his neighbors, voicing concerns of increased traffic with future development. The speakers also suggested multi-family zoning be considered with a development plan, and questioned impacts to real estate taxes and to trees and wildlife on the forested site. Commissioners noted potential traffic impacts and the variety of zoning districts along North Washington Street. One Commissioner felt that establishing a zoning district other than the default district be considered with approval of development. Attached is a draft excerpt of the meeting minutes for this hearing. The Commission’s positive findings, including for conforming to the Comprehensive Plan, are included in draft Ordinance 20-10.

Alternatives • Execute the annexation agreement, and approve annexing and zoning the property as proposed • Do not execute the agreement and do not annex the property • Provide direction to staff to renegotiate specific terms of the agreement and return with an amended

proposed agreement and, if warranted, a Plan Commission recommendation for a different zoning district for the property.

Impacts: Other than nominal costs incurred for notifications, and future costs for document recording, with annexation the City would realize a small increase in assessed value resulting in a positive impact to real estate tax revenue. There would be no impacts to staffing.

Timeline for Actions: COW action will allow for Council final action on February 3, with approval immediately executing the agreement and annexing and zoning the property.

Recommendations: By a vote of 4-2 (1 absent) the Commission recommended approval of the proposed amendment to the Zoning Map. Staff recommends approval of Ordinances 20-09 and 20-10 as presented.

Attachments 1. Draft Ordinance 20-09 2. Draft Ordinance 20-10 3. Draft excerpt of Plan Commission meeting minutes

c Mayor and City Council Ralph and Sue Ollman, property owners Media





AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT RALPH V. AND SUE G. OLLMAN AND

THE CITY OF BATAVIA FOR PROPERTY LOCATED AT

1203, 1231, AND 1233 NORTH WASHINGTON AVENUE , GENEVA TOWNSHIP, ILLINOIS





AN ORDINANCE AUTHORIZING THE EXECUTION OF AN

ANNEXATION AGREEMENT RALPH V. AND SUE G. OLLMAN AND THE CITY OF BATAVIA

FOR PROPERTY LOCATED AT 1203, 1231, AND 1233 NORTH WASHINGTON AVENUE, GENEVA TOWNSHIP, ILLINOIS

WHEREAS, it is in the best interests of the City of Batavia, Kane and DuPage Counties, Illinois, that a certain Annexation Agreement, dated February 3, 2020, and attached hereto as Exhibit 1, between Ralph V. and Sue G. Ollman (“Owners”) and the City of Batavia (“City”) be approved and executed; and WHEREAS, the Owners are legal owners of record of the property at 1203, 1231, and 1233 North Washington Avenue, Geneva Township, Illinois (“Territory”) which is the subject matter of such an agreement, are ready, willing, and able to enter into said Agreement and to perform the obligations as required thereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11/1-15.1, as amended, as well as the requirements of the Batavia Municipal Code, for the execution of said Agreement have been fully complied with, including all notices to the public, notices to certain taxing jurisdictions, and the holding of certain public hearings; 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 Annexation Agreement attached hereto as Exhibit 1 is approved and the Mayor be and is hereby authorized and directed to execute, and the City Clerk is directed to attest, the said Annexation Agreement. SECTION 2: That this Ordinance 20-09 shall be in full force and effect upon its presentation, passage and publication according to law.

Exhibit A

Legal Description





























ILLINOIS.



AN ORDINANCE ANNEXING AND ZONING 1203, 1231, AND 1233 NORTH WASHINGTON AVENUE,

GENEVA TOWNSHIP, ILLINOIS TO THE CITY OF BATAVIA, KANE AND DUPAGE COUNTIES, ILLINOIS





AN ORDINANCE ANNEXING AND ZONING 1203, 1231, AND 1233 NORTH WASHINGTON AVENUE, GENEVA TOWNSHIP ,

ILLINOIS TO THE CITY OF BATAVIA, KANE AND DUPAGE COUNTIES, ILLINOIS

WHEREAS, the City of Batavia, Kane and DuPage Counties, Illinois (“City”), has received a petition to annex from the property owners of 1203, 1231, and 1233 North Washington Avenue, Geneva, Illinois; and

WHEREAS, the parcel is currently unincorporated, is contiguous to the City limits and eligible for annexation; and

WHEREAS, the property is designated by PINs 12-15-202-002 and 12-15-202-003, and is legally described in EXHIBIT “A” and the Map of Territory to be Annexed is attached as EXHIBIT “B” (“Territory”); and

WHEREAS, the said Territory is not within the corporate limits of any municipality but is contiguous to the City of Batavia; and WHEREAS, the City is desirous of having said territory annexed into the City of Batavia and zoned R-4 Multi-Family Family Medium Density District; and WHEREAS, the Plan Commission conducted a Public Hearing on December 4, 2019 for a proposed Zoning Map Amendment of said territory to apply the R-4 Multi-Family Medium Density District, in accordance with said Annexation Agreement upon annexation and approval of same; WHEREAS, legal notices regarding the intention of the City to annex said Territory have been sent to all public bodies required to receive such notice by State Statute including the Fire District Trustees, Library District Trustees, the Township Supervisor, Township Highway Commissioner, Clerk and Trustees and the Corporate Authorities of Kane County; and WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of said annexation, the Statutes of the State of Illinois, specifically 65 ILCS 5/7-1-8, and the requirements of the Batavia Municipal Code; and WHEREAS, it is in the best interest of the City of Batavia that the Territory described and depicted in EXHIBIT “A” and “B” be annexed thereto and the territory be zoned R-4 Multi-Family Medium Density District pursuant to the City of Batavia Municipal Code; 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 Territory described as attached hereto on EXHIBITS “A” and “B” is hereby annexed to the City of Batavia, Kane and DuPage Counties, Illinois.

SECTION 2: That said Territory described as attached on EXHIBITS “A” and “B” is hereby zoned R-4 Multi-Family Medium Density District, under the terms and conditions of the Batavia Municipal Code.



SECTION 3: That the City Clerk is hereby directed to record with the Kane County Recorder and to file with the County Clerk a certified copy of this Ordinance, together with an accurate map of the Territory annexed appended to said Ordinance.

SECTION 4: That the official zoning map of the City of Batavia is hereby amended in conformance with the terms of this Ordinance.

SECTION 5: This Ordinance 20-10 shall be in full force and effect upon its passage, presentation and approval according to law.





Exhibit A

Legal Description





























ILLINOIS.

Exhibit B

DRAFT EXCERPT MINUTES December 4, 2019

Plan Commission and Zoning Board of Appeals City of Batavia

PUBLIC HEARING: Amendment to the Official Zoning Map 1203-1231 North Washington Ave – R4 Multi-Family Medium Density District City of Batavia, Applicant Motion: To open the Public Hearing Maker: Harms Second: Stark Voice Vote: 6 Ayes, 0 Nays, 1 Absent Motion carried. Strassman summarized the staff memo. The property is the subject of an annexation petition and the City is proposing appropriate zoning for the property, aligning its zoning district to its land use classification in the City’s Comprehensive Plan and to facilitate future development. Stark asked if this is another donut hole the City is trying to eliminate. Strassman answered yes, as the expected annexation would reduce the size of the donut hole. Chair LaLonde welcomed those in the audience to address the Commission. David Fortney, 1406 North Washington Avenue in unincorporated Geneva Township, stated that he is not against growth. However, Route 25 is a narrow street. An apartment complex could cause a lot of congestion to that area. He added that he also speaks for his neighbors at 1414 North Washington Avenue in Batavia and 1332 North Washington Avenue in unincorporated Geneva Township. He asked what the City plans on doing to prevent traffic congestion. He commented that it appears it would be more appropriate to increase the density of this property when there is interest in developing the property. He questioned why we couldn’t leave the property zoned as it is and if a development comes around then we could change the zoning. This change makes him think that there is already a buyer interested in the property. Buening stated that the property owner agreed to annex into the City if the zoning were changed to R4. Buening was informed that the property has been within the family for over one hundred years and they have no plans to sell the property at this time or do any development. They wanted to have that zoning classification because they felt that would protect them for future development. They have no intention to sell the property right now. Fortney noted that the property’s steep slope that would a challenge to design for development. Valerie Taylor, 1230 N Washington in Batavia, stated that there is a lot of congestion on Route 25 and having multi-family housing would cause more congestion. She asked if Route 25 would be widened to accommodate more traffic. Buening stated that if there is a development proposal, the developer would have to provide various information to the City about managing traffic. She stated the area is forested and asked how development would impact the wildlife that already exists. She also questioned how a future development would affect our taxes. Strassman stated that the

rezoning would have no affect because there is no development on the property. If it were developed it would have a positive overall impact to the taxes to the City. There would be more revenue and a higher assessed value. Buening added that the assessor assesses the property on the use and not the zoning. Chair LaLonde noted that the proximity to the intersection could be problematic and he would rather see a proposal that works before he votes for higher density. Stark noted that this area is a hodgepodge of zoning. She does not think this proposed zoning density is out of character for the area or for what the Comprehensive Plan calls for. Gosselin added that he would prefer a lower density but is inclined to vote in favor of the proposal. Chair LaLonde asked if there were any more questions or comments from the audience. There were none. Motion: To close the Public Hearing Maker: Harms Second: Stark Voice Vote: 6 Ayes, 0 Nays, 1 Absent Motion carried. Motion: To find in favor of the findings as written in the staff memo Maker: Harms Second: Stark Roll Call Vote: Aye: Harms, Joseph, LaLonde, Peterson, Gosselin, Stark Nay: 6-0 Vote, 1 Absent, Motion carried. Motion: To recommend to City Council approval of a Zoning Map amendment to reclassify

the property from R0 Single Family District (the default zoning classification with annexation) to the R4 Multi-Family Medium Density District

Maker: Peterson Second: Harms Roll Call Vote: Aye: Peterson, Gosselin, Stark Harms Nay: Joseph, LaLonde 4-2 Vote, 1 Absent, Motion carried.

DATE: January 22, 2020 TO: Committee of the Whole THROUGH: Laura Newman, City Administrator FROM: Chris Aiston, Economic Development Consultant SUBJECT: Resolution 20-017-R Awarding Gateway Improvement Program Grant Funds to

Energy City Brewing, Tenant at 917 First Street

Please find attached a proposed Resolution 20-017-R awarding a City Gateway Improvement Program (“Program” or “GIP”) matching grant and for the purposes of providing financial assistance to Energy City Brewing (Tenant/Applicant) in the purchase and installation of a New, Street-facing Commercial Sign at 917 First Street. A copy of the Grant Application packet for said grant is also attached.

Background On April 15, 2019, the City Council approved Resolution 19-049-R creating the City of Batavia Gateway Improvement Program. The City created this program to incentivize property owners and/or their tenants to improve the physical appearance and commercial viability of “commercial and light industrial properties proximate to and along certain arterial roadways or ‘gateways’ into the City’s

downtown central business district… [so to] eliminate blight, enhance the value of those properties and neighboring properties and to spur on further economic development in the entry corridors to the CITY”.

Energy City Brewing and Grant Request

Ms. Heidi Files of Energy City Brewing is requesting a GIP grant in the amount of $560.00. Per the Grant Application and Program Description, grant monies are to be disbursed on a reimbursement basis only, and only after the project has been completed to the satisfaction of the City’s Building Inspector. The sole project activity and estimated cost (per the lower of two bids received from Signarama, North Aurora, IL) is the purchase and installation of a new, street-facing commercial sign in the amount of $1,013.96. According to Ms. Files, installing the subject signage will enhance her business’s “visibility and brand awareness”.

The photos below depict the location of the property in questions and the proposed sign image and placement on the exterior building façade (First Street facing façade).

Staff Recommendation Staff recommends the City Council Committee of the Whole recommends for Council approval the attached Resolution 20-017-R awarding a matching grant to Energy City Brewing in the amount of $560.00 or 50% of total project costs, whichever is the lesser of the two amounts. Attachment(s): Resolution 20-017-R, including Exhibits A (GIP Map) and B (Grant Agreement) Application for a GIP Grant

CITY OF BATAVIA, ILLINOIS RESOLUTION 20-017-R

A RESOLUTION AWARDING A GRANT UNDER

THE GATEWAY IMPROVEMENT PROGRAM (Energy City Brewing – 917 First Street)

WHEREAS, the City of Batavia has established a Gateway Improvement Program through the City’s adoption of Resolution 19-049-R; and

WHEREAS, pursuant to the Gateway Improvement Program, persons owning or leasing

(with owner’s consent) certain properties located in areas designated within the “Gateway”, as depicted on the map attached hereto as EXHIBIT “A” may be eligible to receive a matching grant from the City in support of making certain physical improvements to such properties and the building(s) located thereon; and

WHEREAS, Heidi Files, on behalf of Energy City Brewing, tenant occupying building

space in the premises commonly known as 917 First Street, Batavia, Illinois 60150, on January 22, 2020 applied for matching grant under the terms set forth in the City’s Gateway Improvement Program Grant in the amount of $506.00 (Five Hundred and Six Dollars and No Cents), or 50% of total costs, whichever is less, to reimburse costs for a certain improvement activities, to wit: Purchase and Install New, Street-facing Commercial Sign (Total Cost: $1,013.96), said improvement comprising the “Project”; and

WHEREAS, the City Council has determined that it is in furtherance of the goals and

objectives of the City’s Gateway Improvement Program to approve the request of the applicant; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Batavia,

Kane and DuPage Counties, that the application for Gateway Improvement Program grant funds in the amount of $506.00 or 50% of the actual cost of the project, whichever is less, to reimburse certain costs of the aforementioned building improvements to the property commonly known as 917 First Street is hereby approved, and the Mayor and City Clerk are authorized to execute the agreement between the City of Batavia and Energy City Brewing, a copy of which is attached hereto as EXHIBIT “B,” be and is hereby approved.


Page 2 of 7 – Including Exhibits A and B

PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this

3rd day of February, 2020.

APPROVED by me as Mayor of said City of Batavia, Illinois, this 3rd day of February, 2020. ______________________________

Jeffery D. Schielke, Mayor

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O'Brien Baerren 2 Callahan Wolff 3 Chanzit Meitzler 4 Mallay 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



Exhibit A

Map of City of Batavia Gateway Areas



Exhibit B CITY OF BATAVIA

GATEWAY IMPROVEMENT PROGRAM GRANT AGREEMENT

THIS AGREEMENT, entered into this ____ day of ___________ , 2020, between the

City of Batavia, Illinois (hereinafter referred to as the “CITY”) and the following designated property and/or building TENANT, to wit: Tenant Name: Energy City Brewing Address of Property: 917 First St., Batavia, IL 60510 Name of Business (as applicable) And Other Pertinent Occupancy Information: NA

WITNESSETH:

WHEREAS, the CITY has designated certain “Gateway” areas in the City pursuant to the Gateway Improvement Program (or “Program”), as established by City of Batavia Resolution 19-049-R and as referenced in City of Batavia Resolution 20-017-R; and

WHEREAS, through the aforementioned Resolution 19-049-R, the CITY has further

created a matching grant program so to incentivize private property owners and, as applicable, their tenant occupants, to undertake physical improvements to buildings and their surrounding properties located within the designated Gateway areas, the result of which will be improvements to the aesthetics and/or functioning of such buildings and properties, increased property values within the Gateway areas, as well as to further City-wide and area-specific economic development goals; and

WHEREAS, pursuant to said matching grant program the CITY has agreed to participate, subject to its sole discretion, in sharing the cost of certain property and building improvements within the Gateway areas in an amount not to exceed 50% of the actual improvement costs to a maximum of: $20,000.00 for exterior building and/or property improvement projects; $10,000.00 for landscaping and/or hardscape project; $1,000.00 for signage projects; and $20,000.00 for combined exterior building improvement and landscaping and/or hardscape projects; and

WHEREAS, the subject TENANT’s property is located within the a designated Gateway

area and the OWNER desires to participate in the Gateway Improvement Program and has submitted a “Grant Application” under the Program and pursuant to the terms and provisions of this Agreement and the Policies and Procedures of the Program; and



WHEREAS, City staff has determined that the application and proposed grant-supported project, to wit: Purchase and Install New, Street-facing Commercial Sign (Total Cost: 1013.96), are in conformance with applicable City program requirements.

NOW THEREFORE, in consideration of the mutual covenants and agreement set forth

herein, the CITY and TENANT hereby agree as follows:

SECTION 1: The CITY shall share up to fifty percent (50%) of the Project cost for the OWNER’s property, provided that the actual amount to be paid pursuant to this Agreement shall not exceed $506.00 (Five Hundred and Six Dollars and No Cents). The Improvement costs which are eligible for CITY participation including all materials, and other contract items necessary for the proper execution and completion of the work as designated from the design drawings and conditions approved by the CITY.

SECTION 2: This improvement work shall not be eligible for cost sharing unless the application therefore and this Agreement have been approved by the City Council. The TENANT shall complete all such work no later than within 180 days of the date of this Agreement.

SECTION 3: Illinois Prevailing Wages: To the extent the proposed contract calls for

the construction of 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 including, without limitation, the submission of certified monthly payroll reports as required by 820 ILCS 30/5. 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. 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 its 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.



SECTION 4: The CITY may periodically review the progress of the contractor's work on

the improvement pursuant to this Agreement. Such inspections shall not replace any required permit inspections by the Building Commissioner. All work which is not in conformance with the approved drawings and specifications shall be immediately remedied by the TENANT, or its successor, and deficient or improper work shall be replaced and made to comply with the approved drawings, specifications, and terms of this Agreement.

SECTION 5: Upon completion, final inspection and approval of the improvement by the CITY, the TENANT, or its successor, shall submit to the CITY a properly executed and sworn contractor statement showing the full cost of the work as well as a notarized lien waiver for each separate component amount paid. The CITY shall, within thirty (30) days of receipt of the contractor's statement and signed lien waivers, issue a check to the TENANT, or its successor, on a reimbursement basis only and for no more than fifty percent (50%) of such cost, not to exceed $506.00 (Five Hundred and Six Dollars and No Cents).

SECTION 6: If the TENANT, or its successor, fails to complete the improvement work provided for herein in conformity with the approved plans and specifications and terms of this Agreement, or fails to complete such work within 180 days from the date of this agreement, except due to force majeure, this Agreement shall become null and void and the City shall not be obligated to reimburse the TENANT for any expenses otherwise eligible for such reimbursement as stated above.

SECTION 7: Nothing herein is intended to limit, restrict or prohibit the TENANT, or its successor, from undertaking any other work in or about the subject premises which is unrelated to the improvement provided for in this Agreement.

SECTION 8: This Agreement shall be binding upon the CITY OF BATAVIA and upon the TENANT of the property and its successors, for a period of three hundred and sixty-five (365) days from and after the date of approval of this agreement provided for herein.



IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above. FOR TENANT, Energy City Brewing ____________________________________ Heidi Files Title ____________________ DATE: _____________________________

CITY OF BATAVIA _________________________________ Jeffrey D. Schielke

Mayor DATE_____________________________ ATTEST: __________________________ Ellen Posledni City Clerk DATE ____________________________

CITY OF BATAVIA DATE: January 21, 2020

TO: Committee of the Whole - CD

FROM: Drew Rackow AICP, Planner

SUBJECT: Ordinance 20-11: Approving a Conditional Use Permit for Video Gaming Establishment in the GC, General Commercial District Funway - 1335 South River Street Windmill City Entertainment Inc., applicant

Summary: In December, the City Council approved an expansion of Video Gaming (gambling) to the E-3 liquor license holders. Windmill City Entertainment (dba Funway) has applied for a Conditional Use Permit to allow for Video Gaming on their property. The Plan Commission held a Public Hearing on January 15th and recommended approval of the Conditional Use. These conditions are included in Ordinance 20-11.

Background: A Conditional Use for the expansion of Funway (an Entertainment and Recreation Indoor, Large Scale Use) was approved in 2018, with expansion work being completed in 2019. The property is zoned GC-PD, General Commercial with a Planned Development Overlay District. On December 2, 2019, the City Council approved allowing the E-3 liquor license class to operate a Video Gaming establishment. Mr. Hansen proposes to establish a Video Gaming room in the bowling alley’s bar area on the building’s lower level. The room would be monitored by the on-staff bartender and through security cameras. The door would be lockable to limit access at times such as during school events. For additional information and staff analysis of the proposal please see the January 9th staff memo to the Plan Commission.

Plan Commission Review and Action: The Plan Commission held the public hearing on January 15th. Mr. Hansen was the only speaker at the hearing. Mr. Hansen explained to the Commission that his application narrative referenced six terminals but understood that while the state allows this number of machines, the city’s ordinance limits a site to five machines. The Commission agreed that the proposed conditions of operation would sufficiently address concerns specific to this use. The Commission made positive findings for the Conditional Use as provided in Ordinance 20-11. By a vote of 5-0 (2 absent) the Commission recommended approval to include the conditions listed in Ordinance 20-11. Alternatives: The Council can approve or deny Ordinance 20-11 as presented or consider amendments to the Ordinance before acting. Impacts: Approval would provide the zoning approval necessary to grant a local Gaming License. The City would receive the local share of gaming revenue from these terminals through the General Fund. No impact to staff or City services is anticipated by this action. Timeline for Actions: COW action on will allow for final City Council action on February 3rd. Recommendation: Staff recommends City Council approval of Ordinance 20-11 as presented. Attachment: Ordinance 20-11 c Mayor and City Council Department Heads Bob Hansen, applicant Media

http://www.cityofbatavia.net/AgendaCenter/ViewFile/Agenda/_01152020-1488?html=true

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CONDITIONAL USE PERMIT FOR A VIDEO GAMING ESTABLISHMENT IN THE GC GENERAL COMMERCIAL DISTRICT

WINDMILL CITY ENTERTAINMENT, APPLICANT (1335 SOUTH RIVER STREET)

ADOPTED BY THE MAYOR AND CITY COUNCIL

THIS 3rd DAY OF FEBRUARY, 2020


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CONDITIONAL USE PERMIT FOR A VIDEO GAMING ESTABLISHMENT IN THE GC GENERAL COMMERCIAL DISTRICT

Windmill City Entertainment, Applicant (1335 South River Street)

WHEREAS, Windmill City Entertainment, dba Funway, owner of 1335 South River Street, has submitted an application for a Conditional Use Permit to the City of Batavia on said property legally described as:

THAT PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF THE FORMER CHICAGO, AURORA AND ELGIN RAILROAD WITH THE NORTH LINE OF LOT 6 (COMPUTED FROM RECORDS AND FOUND MONUMENTATION) OF THE NORTHEAST QUARTER OF SECTION 27, IN THE TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE ASSESSOR’S MAP OF 1885, BEING 10.00 FEET NORTH 88 DEGREES 04’ EAST OF THE SOUTHWEST CORNER OF SUBLOT “A” OF LOT 4 OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 27, ACCORDING TO THE ASSESSOR’S MAP OF 1885; THENCE NORTH 88 DEGREES 04’ EAST ALONG SAID NORTH LINE, 233.00 FEET; THENCE SOUTH 07 DEGREES 05’ WEST 746.00 FEET; THENCE NORTH 89 DEGREES 04’ EAST 343.20 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NO. 25 SAID LINE BEING 33.00 FEET NORTHWESTERLY OF THE CENTER LINE (MEASURED AT RIGHT ANNGLES THERETO) OF SAID STATE ROUTE; THENCE SOUTH 27 DEGREES 44’ 54” WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 37.62 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 27 DEGREES 44’ 54” WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 93.61 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 5762.65 FEET, TANGENT TO THE LAST DESCRIBED COURSE, 239.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO CHARLES G. WHINFREY AND MARY K. WHINFREY BY DEED RECORDED AS DOCUMENT NO. 1093220; THENCE SOUTH 89 DEGREES 06’ 20” WEST ALONG THE NORTHERLY LINE OF SAID WHINFREY TRACT 278.44 FEET; THENCE NORTH 00 DEGREES 46’ 50” WEST, A DISTANCE OF 294.37 FEET TO A LINE DRAWN SOUTH 89 DEGREES 04’ 00” WEST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 04’ 00” EAST, 433.10 FEET TO THE POINT OF BEGINNING, IN BATAVIA TOWNSHIP, KANE COUNTY, ILLINOIS. AND THAT PART OF THE NORTHEAST FRANCTIONAL QUARTER OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,


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DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF THE FORMER CHICAGO, AURORA AND ELGIN RAILROAD WITH THE NORTH LINE OF LOT 6 (COMPUTED FROM RECORDS AND FOUND MONUMENTATION) OF THE NORTHEAST QUARTER OF SECTION 27, IN THE TOWNSHIP AND RANGE AFORESAID, ACCORDING THE ASSESSOR’S MAP OF 1885, BEING 10.00 FEET NORTH 88 DEGREES 04’ EAST OF THE SOUTHWEST CORNER OF SUBLOT “A” OF LOT 4 OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 27, ACCORDING TO THE ASSESSOR’S MAP OF 1885; THENCE NORTH 88 DEGREES 04’ EAST ALONG SAID NORTH LINE, 233.00 FEET; THENCE SOUTH 07 DEGREES 05’ WEST 746.00 FEET; THENCE NORTH 89 DEGREES 04’ EAST 343.20 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NO. 25 SAID LINE BEING 33.00 FEET NORTHWESTERLY OF THE CENTER LINE (MEASURED AT RIGHT ANGLES THERETO) OF SAID STATE ROUTE; THENCE SOUTH 27 DEGREES 44’ 54” WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 37.62 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE SOUTH 27 DEGREES 44’ 54” WEST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, 93.61 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 5762.65 FEET, TANGENT TO THE LAST DESCRIBED COURSE, 239.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO CHARLES G. WHINFREY AND MARY K. WHINFREY BY DEED RECORDED AS DOCUMENT NO. 1093220; THENCE SOUTH 89 DEGREES 06’ 20” WEST ALONG THE NORTHERLY LINE OF SAID WHINFREY TRACT, 278.44 FEET FOR THE PIINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 06’ 20” WEST, ALONG THE NORTHERLY LINE OF SAID WHINFREY TRACT, 190.59 FEET TO THE NORTHWEST CORNER OF SAID WHINFREY TRACT; THENCE SOUTH 07 DEGREES 06’ 20” WEST ALONG THE WESTERLY LINE OF SAID WHINFREY TRACT 126.15 FEET TO THE SOUTHWEST CORNER OF SAID WHINFREY TRACT; THENCE SOUTH 89 DEGREES 06’ 20” WEST ALONG THE SOUTHERLY LINE OF SAID WHINFREY TRACT EXTENDED WESTERLY 30.03 FEET TO THE CENTER LINE OF THE 100 FOOT WIDE RIGHT OF WAY OF SAID RAILROAD; THENCE NORTH 07 DEGREES 06’ 20” EAST ALONG THE CENTER LINE OF SAID RAILROAD RIGHT OF WAY 73.80 FEET; THENCE NORTH 76 DEGREES 13’ 40” WEST 251 FEET MORE OR LESS TO THE EASTERLY BANK OF THE FOX RIVER; THENCE NORTHERLY ALONG SAID EASTERLY BANK 390 FEET MORE OR LESS TO A LINE DRAWN SOUTH 89 DEGREES 04’ WEST FROM AFORESAID POINT “A”; THENCE NORTH 89 DEGREES 04’ EAST ALONG SAID LINE, 378 FEET MORE OR LESS TO A LINE DRAWN NORTH 00 DEGREES 46’ 50” WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 56’ 00” EAST, A DISTANCE OF 294.37 FEET TO THE POINT OF BEGINNING, IN BATAVIA TOWNSHIP, KANE COUNTY, ILLINOIS. AND THAT PART OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE ABANDONED 100 FOOT RIGHT OF WAY OF THE CHICAGO, AURORA AND ELGIN RAILROAD WITH THE NORTHERLY LINE OF


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LOT 6 OF SAID NORTHEAST 1/4, AS SHOWN ON THE ASSESSOR'S SECOND MAP OF THE TOWN OF BATAVIA, KANE COUNTY, ILLINOIS, FOR THE YEAR 1885, WHICH POINT IS 10 FEET EAST OF THE SOUTHWEST CORNER OF SUBLOT "A" OF LOT 4 AS SHOWN ON SAID ASSESSOR'S MAP; THENCE NORTH 88 DEGREES 04 MINUTES EAST ALONG THE NORTH LINE OF SAID LOT 6, 233 FEET; THENCE SOUTH 7 DEGREES 05 MINUTES WEST 746 FEET; THENCE NORTH 89 DEGREES 04 MINUTES EAST 343.30 FEET TO THE WESTERLY LINE OF STATE ROUTE NO. 25; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE 509.19 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG SAID WESTERLY LINE 137.01 FEET TO THE SOUTHERLY LINE OF LOT 6 OF THE AFORESAID ASSESSOR'S MAP; THENCE SOUTH 89 DEGREES 6 MINUTES 20 SECONDS WEST ALONG SAID SOUTHERLY LINE 368.10 FEET TO THE EASTERLY LINE OF THE AFORESAID 100 FOOT RIGHT OF WAY; THENCE NORTH 82 DEGREES 53 MINUTES 40 SECONDS WEST 50 FEET TO THE CENTER LINE OF SAID RIGHT OF WAY; THENCE NORTH 7 DEGREES 06 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 119.20 FEET TO A LINE DRAWN SOUTH 89 DEGREES 06 MINUTES 20 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 06 MINUTES 20 SECONDS EAST 457.10 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BATAVIA, KANE COUNTY, ILLINOIS AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 39 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE ABANDONED 100 FOOT RIGHT OF WAY OF THE CHICAGO, AURORA AND ELGIN RAILROAD WITH THE NORTHERLY LINE OF LOT 6 OF SAID NORTHEAST QUARTER, AS SHOWN ON THE ASSESSORS SECOND MAP OF THE TOWN OF BATAVIA, KANE COUNTY, ILLINOIS, FOR THE YEAR 1885, WHICH POINT IS 10 FEET EAST OF THE SOUTHWEST CORNER OF SUBLOT A OF LOT 4 AS SHOWN ON SAID ASSESSORS MAP; THENCE NORTH 88 DEGREES 04 MINUTES EAST ALONG THE NORTH LINE OF SAID LOT 6, 233 FEET THENCE SOUTH 7 DEGREES 05 MINUTES WEST 746 FEET; THENCE NORTH 89 DEGREES 04 MINUTES EAST 343.30 FEET TO THE WESTERLY LINE OF STATE ROUTE NO. 25: THENCE SOUTH 27 DEGREES 45 MINUTES WEST ALONG SAID WESTERLY LINE 127.27 FEET TO THE POINT OF CURVE OF A CURVE TO THE LEFT HAVING A RADIUS OF 5762.65 FEET; THENCE SOUTHERLY ALONG SAID CURVE VARYING FROM A TANGENT BEARING SOUTH 27 DEGREES 45 MINUTES WEST TO A TANGENT BEARING SOUTH 25 DEGREES 19 MINUTES 47 SECONDS WEST, A DISTANCE OF 243.43 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE VARYING FROM A TANGENT BEARING SOUTH 25 DEGREES 19 MINUTES 47 SECONDS WEST TO A TANGENT BEARING SOUTH 23 DEGREES 57 MINUTES 10 SECONDS WEST, A DISTANCE OF 138.49 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 20 SECONDS WEST 426 .81 FEET; THENCE NORTH 7 DEGREES 06 MINUTES 20 SECONDS EAST 126.23 FEET; TO A LINE DRAWN SOUTH 89 DEGREES 06 MINUTES 20 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 06 MINUTES 20 SECONDS EAST 468.95 FEET TO THE


Page 5 of 7

POINT OF BEGINNING. IN THE TOWNSHIP OF BATAVIA, KANE COUNTY, ILLINOIS (PIN 12-27-251-012 12-27-251-015 and 12-27-251-028) COMMONLY KNOWN AS 1335 SOUTH RIVER STREET, BATAVIA, ILLINOIS.

WHEREAS, said Applicant is requesting a Conditional Use Permit to allow the operation of a Video Gaming Establishment in the GC General Commercial zoning district; and

WHEREAS, notice was duly executed, and the Batavia Plan Commission held a public hearing on January 15, 2020; and

WHEREAS, following said hearing, the Plan Commission made the following findings required for approval:

1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general. FINDING: The proposed use would be only one of several activities on the site, and be subordinate to the larger Entertainment and Recreation, Indoor Large Scale use on the property. The proposed use would not negatively affect persons working or living in the vicinity or adjacent or nearby properties, provided that adequate access, control and supervision are utilized for the video gambling area.

2. The proposed use, as conditioned, conforms with the purposes, intent, and policies of the Comprehensive Plan and any applicable area, neighborhood, or other plan adopted by the City Council. FINDING: The Comprehensive Plan seeks to maintain and strengthen retail areas. As conditioned, the proposed use, would provide an additional type of entertainment to the mix of uses on the property.

3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements. FINDING: The proposed use is an allowed use in the GC District with approval of a conditional use permit. As conditioned, it would conform to requirements of the Zoning Code and applicable government requirements, including seeking necessary licensing subsequent to this action.

4. The proposed use, as conditioned, would conform generally to the Zoning Code and applicable government requirements. FINDING: As conditioned, the proposed use would not interfere with the use and enjoyment of nearby properties provided that adequate access, control and supervision are utilized for the video gambling area.

WHEREAS, after making its findings, the Plan Commission recommended to the City Council approval of a Conditional Use Permit being granted to Windmill City Entertainment Inc. subject to the following conditions:


Page 6 of 7

1. The applicant shall at all times be in compliance with Title 3, Chapter 26 of the Batavia Municipal Code and State Licensing Requirements. Failure to comply shall be grounds for revocation of the Conditional Use.

2. The Conditional Use be granted solely to Windmill City Entertainment Inc., so long as the use remains subordinate to the Entertainment and Recreation, Indoor Large-Scale use.

3. That the video gaming area be in compliance with the floor plan as submitted as part of this application. Any relocation of the gaming area shall require review and approval by the City Council.

4. Operation of the gaming area shall only occur during hours when liquor service is available from the bar area.

WHEREAS, on January 28, 2020, the City Council’s Committee of the Whole reviewed the application, the record of the public hearing, and the actions and findings of the Plan Commission and recommended approval of a Conditional Use Permit being granted to Windmill City Entertainment Inc., subject to conditions; and

WHEREAS, the City Council of the City of Batavia has considered the recommendations of both the Plan Commission and the Committee of the Whole.

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

SECTION 1: The application for a Conditional Use Permit submitted by Windmill City Entertainment Inc., to allow the operation of a Video Gaming Establishment at 1335 South River Street in the GC General Commercial District, under City Code Title 10, Chapter 5.4, whose application included a floor plan attached hereto as Exhibit “A” is hereby approved with the following conditions:

1. The applicant shall at all times be in compliance with Title 3, Chapter 26 of the Batavia

Municipal Code and State Licensing Requirements. Failure to comply shall be grounds for revocation of the Conditional Use.

2. The Conditional Use be granted solely to Windmill City Entertainment Inc., so long as the use remains subordinate to the Entertainment and Recreation, Indoor Large-Scale use.

3. That the video gaming area be in compliance with the floor plan as submitted as part of this application. Any relocation of the gaming area shall require review and approval by the City Council.

4. Operation of the gaming area shall only occur during hours when liquor service is available from the bar area.


Page 7 of 7

SECTION 2: That this Ordinance 20-11 shall be in full force and effect upon its presentation, passage and publication according to the law.

PRESENTED to the City Council of the City of Batavia, Illinois, this 3rd day of February, 2020.

PASSED by the City Council of the City of Batavia, Illinois, this 3rd day of February, 2020.

APPROVED by me as Mayor of said City of Batavia, Illinois, this 3rd day of February, 2020.

_______________________________


ATTEST:

_______________________________ Ellen Posledni, City Clerk

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Baerren 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

drackow

Text Box

Exhibit "A" of Ordinance 20-11

CITY OF BATAVIA DATE: January 22, 2020

TO: Committee of the Whole - CD


SUBJECT: Ordinance 20-12: Approving a Conditional Use Permit for a Recreational Facility, Indoor - Large Scale in the GC General Commercial District Edge Fitness, 301 North Randall Road / KIR Batavia 051, LLC, applicant

Summary: Attached draft Ordinance 20-12 would grant approval of a conditional use permit to KIR Batavia 051, LLC owner of the Wind Point Shopping Center to locate Edge Fitness, a health club, at 301 North Randall Road. The 34,600 square foot lease space currently is home to Buy Buy Baby who will vacate the space at the end of this month. The Plan Commission held a Public Hearing on January 15th for the conditional use, and it granted approval of administrative design review, for the proposed building elevation changes and signage with conditions as recommended by staff. For more information, please see the staff memorandum to the Plan Commission.

Background: In 2014 the City Council amended the Zoning Code to limit the amount of non-retail uses in GC District multi-tenant buildings to 25% of the building’s square feet, effectively codifying a longstanding City policy to prioritize uses along Randall Road. With Edge Fitness, this building would have approximately 15% non-retail uses. The Comprehensive Plan contains goals and policies addressing commerce on Randall Road that would be met with the proposed business. The conditional use process allows for the City Council to adopt reasonable use restrictions in granting approval.

Plan Commission Review and Action: At the public hearing, Bernard Citron, representing KIR Batavia, stated that his client agrees with staff recommendations on the Conditional Use and administrative design review, but noted that the facility would be staffed at all times. Chris Beson, Edge Fitness’ Director of Construction, confirmed that staff will always be present, and they are trained in security. Members use cards to access various areas once inside the facility. He responded to Commissioner questions regarding the need to be open 24 hours between Monday morning and Friday evening, explaining that members with non-traditional schedules facilities during late evening/early morning hours. He added that Edge Fitness provides retail offerings of smoothies, apparel, and fitness products. Mayor Schielke was present and briefed the Commission and applicant on the background for establishing the Zoning Code’s 25% non-retail limit. The Commission confirmed its ability to recommend the sidewalk in lieu payment per staff recommendation and agreed to omit the staff recommendation on card member entry to the facility since staff would be present at all times. The Commission arrived at positive findings as listed in Ordinance 20-12. By a vote of 5-0 (2 absent) the Commission recommended approval for the conditional use permit, to include the conditions listed in Ordinance 20-12.

Alternatives: The Council can approve or deny Ordinance 20-12 as presented or consider amendments to the Ordinance before acting.

Impacts: Approval would allow for fast turnover of the lease space and avoid prolonged vacancy. There may be impacts to the City’s budget, assuming a more retail tenant would quickly occupy the space. While retail sales tax revenue generated by this space with health club use would be less than by a retail user, the proposed tenant may generate new customers for area retailers, increasing their sales. No impact to staff or City services is anticipated with approval.

Timeline for Actions: COW action on will allow for final City Council action on February 3rd.

Recommendation: Staff recommends City Council approval of Ordinance 20-12 as presented. Attachment: Ordinance 20-12 c Mayor and City Council Department Heads Chris Ciminello, KIR Batavia 051/Kimco Realty Corp., applicant Bernard Citron, Thompson Coburn LLP Media


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CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY, INDOOR - LARGE SCALE IN THE

GC GENERAL COMMERCIAL DISTRICT

KIR BATAVIA 051, LLC, APPLICANT (301 NORTH RANDALL ROAD)


THIS 3rd DAY OF FEBRUARY, 2020


of 4


CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY, INDOOR - LARGE SCALE IN THE

GC GENERAL COMMERCIAL DISTRICT KIR BATAVIA 051, LLC, APPLICANT

(301 NORTH RANDALL ROAD)

WHEREAS, KIR Batavia 051, LLC, owner of 301 North Randall Road in the Wind Point Shopping Center, has submitted an application for a Conditional Use Permit to the City of Batavia on said property legally described as:

LOT 1 IN WINDPOINT RETAIL CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THRID PRINCIPAL MERIDIAL, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 28, 1999 AS DOCUMENT NO. 1999K103189, IN KANE COUNTY, ILLINOIS

Including the property commonly known as 301 North Randall Road, Batavia, Illinois.

WHEREAS, said Applicant is requesting a Conditional Use Permit to allow the operation of a Recreational Facility, Indoor - Large Scale in the GC General Commercial District; and

WHEREAS, notice was duly executed, and the Batavia Plan Commission held a public hearing on January 15, 2020; and

WHEREAS, following said hearing, the Plan Commission made the following findings required for approval:

1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general. FINDING: As proposed and conditioned, Edge Fitness would operate compatibly with the surrounding area and not be detrimental to health, safety, or general welfare of persons in the area. All Zoning Code requirements would be met.

2. The proposed use, as conditioned, conforms with the purposes, intent, and policies of the Comprehensive Plan and any applicable area, neighborhood, or other plan adopted by the City Council. FINDING: Goal 1 of the Batavia Comprehensive Plan’s Land Use Element stresses the need to balance land uses and maintain commerce areas. The Plan’s Economic Development & Redevelopment Element identifies the need to broaden land uses in the Randall Road corridor. The proposed use would complement the existing neighboring business and serve residents of Batavia.


Page 3 of 4

3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements. FINDING: The proposed use is a use that is allowed with conditional use approval. The business would operate in accordance with applicable laws.

4. The proposed use, as conditioned, would not unreasonably interfere with the enjoyment of nearby properties. FINDING: As conditioned for approval, the proposed use would not interfere with the enjoyment of nearby properties.

WHEREAS, after making its findings, the Plan Commission recommended to the City Council approval of a Conditional Use Permit being granted to Windmill City Entertainment Inc. subject to the following conditions:

1. Approval is granted to Edge Fitness to operate a Recreational Facility, Indoor - Large Scale establishment in the approximately 34,600 square feet lease space at 301 North Randall Road and is not transferrable.

2. Edge Fitness shall staff the facility at all times. 3. Payment be made to the City in the amount of $10,575 for a sidewalk installation in-lieu

fee with issuance of the tenant improvement building permit.

WHEREAS, on January 28, 2020, the City Council’s Committee of the Whole reviewed the application, the record of the public hearing, and the actions and findings of the Plan Commission and recommended approval of a Conditional Use Permit being granted to KIR Batavia 051, LLC, subject to conditions; and

WHEREAS, the City Council of the City of Batavia has considered the recommendations of both the Plan Commission and the Committee of the Whole.

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

SECTION 1: The application for a Conditional Use Permit submitted by KIR Batavia 051, LLC to allow the operation of a Recreational Facility, Indoor - Large Scale in the GC General Commercial District, is hereby approved subject to the following conditions:

1. Approval is granted to Edge Fitness to operate a Recreational Facility, Indoor - Large Scale establishment in the approximately 34,600 square feet lease space at 301 North Randall Road and is not transferrable.

2. Edge Fitness shall staff the facility at all times. 3. Payment be made to the City in the amount of $10,575 for a sidewalk installation in-lieu

fee with issuance of the tenant improvement building permit.

SECTION 2: That this Ordinance 20-11 shall be in full force and effect upon its presentation, passage and publication according to the law.


Page 4 of 4




_______________________________


ATTEST:

_______________________________ Ellen Posledni, City Clerk

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Baerren 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

CITY OF BATAVIA DATE: January 23, 2020 TO: Mayor and City Council FROM: Gary Holm SUBJECT: Ordinance 20-08 Amending Title 7, Chapter 1, Section 11 of the Municipal Code

related to Signs and Awnings Resolution 20-003-R Adopting a License Agreement for Awnings constructed over a

Public Right-of-Way As part of the City’s continuing effort to support our downtown businesses, while at the same time protecting the interests of all citizens, Staff has developed a formal License Agreement to codify issues pertaining to private awning structures that are constructed over public rights-of-way. Ordinance 20-08 amends the City Code to clarify who the “responsible parties” are related to signs and awnings. Resolution 20-003-R authorizes adoption of a formal License Agreement document that is intended to be executed by “responsible parties” who have constructed awnings over the City’s public right-of-way. The License Agreement document addresses issues pertaining to indemnification, insurance, bonding, maintenance and compliance with the City’s signage regulations. The License Agreement is intended to promote the use of awnings by businesses while at the same time protecting the citizens of Batavia against potential legal and other issues. Staff is recommending adoption of Ordinance 20-08 and passage of Resolution 20-003-R pertaining to signs and awnings constructed over the public right-of-way.

of 3 excluding exhibits


AMENDING TITLE 1, CHAPTER 7, SECTION 11 OF THE CITY CODE PERTAINING TO SIGNS AND AWNINGS


THIS 3RD DAY OF FEBRUARY, 2020

Prepared by:

City of Batavia 100 N. Island Ave.

Published in pamphlet form by authority of the Mayor and City Council of the City of Batavia, Kane & DuPage Counties, Illinois, This 4th day of February, 2020 Batavia, IL 60510

of 3 excluding exhibits


AMENDING TITLE 1, CHAPTER 7, SECTION 11 OF THE CITY CODE PERTAINING TO SIGNS AND AWNINGS

Chapter 1 STREETS AND SIDEWALKS

7-1-11: SIGNS AND AWNINGS:

A. Installation; Permit; Maintenance: Signs and Awnings to be installed over public sidewalks must be installed at a minimum height of nine (9’) feet from the sidewalk surface to the lowest portion of the sign or awning. Said signs and awnings shall be installed only after being issued a permit to do so from the Community Development Department. Building owner, the tenant of the premises and/or the occupant of the premises are jointly and severally responsible for maintenance of the sign or awning shall also be responsible for removing snow and ice from the sign or awning and public walk.

B. Certificate of Insurance Required: Building owner, the tenant of the premises and/or the occupant of the premises are jointly and severally responsible for maintaining a sign or awning, and at least one responsible party shall annually file with the Clerk a certificate of insurance to indemnify the City for any loss, damage or liability that may result from the construction or maintenance of such sign or awning.

C. Inspections: It shall be the duty of the Building Commissioner or designee to inspect at regular intervals every sign, or awning which extends over any sidewalk, street, alley or other public way.

D. Penalty: Any person violating this Section shall be fined not more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

CITY OF BATAVIA, ILLINOIS, ORDINANCE 20-08

Page 3 of 3 excluding exhibits





Ward Alderperson Ayes Nays Absent Abstain Alderperson Ayes Nays Absent Abstain 1 O’Brien Baerren 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


Chapter 1 STREETS AND SIDEWALKS

7-1-11: SIGNS AND AWNINGS: A. Installation; Permit; Maintenance: Signs and awningsAwnings to be installed over public

sidewalks must be installed at a minimum height of nine (9’) feet (9') from the sidewalk surface to the lowest portion of the sign or awning. Said signs and awnings shall be installed only after being issued a permit to do so from the Community Development Department. Building owner, business owner, or personor the tenant of the premises and/or the occupant of the premises are jointly and severally responsible for maintenance of the sign or awning shall also be responsible for removing snow and ice from the sign or awning and public walk.

B. Certificate Ofof Insurance Required: Building owner, business owner or the tenant of the premises and/or personthe occupant of the premises are jointly and severally responsible for maintaining a sign or awning, and at least one responsible party shall annually file with the Clerk a certificate of insurance to indemnify the City for any loss, damage or liability that may result from the construction or maintenance of such sign or awning.

C. Inspections: It shall be the duty of the Building Commissioner or designee to inspect at regular

intervals every sign, or awning which extends over any sidewalk, street, alley or other public way.

D. Penalty: Any person violating this sectionSection shall be fined not more than seven hundred fifty

dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 18-50, 8-6-2018)

http://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=38952#38952

mailto:?subject=Batavia%20Code%20Regulations&body=Below%20is%20a%20link%20to%20the%20City%20code%20which%20contains%20the%20information%20you%20requested.%0d%0ahttp://www.sterlingcodifiers.com/codebook/index.php?book_id=596&chapter_id=38952

CITY OF BATAVIA, ILLINOIS, RESOLUTION 20-003





Ward Alderperson Ayes Nays Absent Abstain Alderperson Ayes Nays Absent Abstain 1 O'Brien Baerren

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:


Page 2 of 2 excluding exhibits

CITY OF BATAVIA DATE: January 28, 2020 TO: Mayor & City Council FROM: Wendy Bednarek, Director of Human Resources SUBJECT: COW ORD 20-13 Adopting a Drug and Alcohol Policy On January 1, 2020 the State of Illinois legalized the adult-use of Cannabis and amended the Right to Privacy in the Workplace Act under Public Act 101-0027. This created concern from employers regarding the ability to maintain a drug-free workplace. In response to some of the concern, the Illinois General Assembly passed, and the Governor signed a trailer bill (now Public Act 101-0593) which amended the Act. In response it was necessary to update our Drug and Alcohol Policy (previously known as the Substance Abuse Program in the Personnel Manual under Appendix II). Attached is the policy for your review and approval. This policy outlines the requirements of employees regarding on and off duty use of drugs and alcohol. Under P.A. 101-0593 the City is allowed to prohibit employees who work in safety sensitive positions from consumption, possession, sale, purchase or delivery of cannabis or cannabis infused substances while on or off duty. The City identifies police officers and firefighters who are safety sensitive positions. This is outlined in our policy. Additionally, our Public Works employees are subject to the Federal Department of Transportation (DOT) requirements based on the fact we require a CDL license for those positions. The policy also outlines the City’s ability to drug/alcohol test based on reasonable suspicion. The cutoff levels for all testing follow the guidelines established by the U.S. Department of Health and Human Services. Staff requests the City Council approve ordinance 20-13 Adopting the Drug and Alcohol Policy and place on the next City Council Meeting on February 3, 2020.

of 3 total pages (including title page)


AN ORDINANCE ADOPTING THE DRUG AND ALCOHOL POLICY


THIS 3RD DAY OF FEBRUARY 2020

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 3rd day of February 2020 Batavia, IL 60510



AN ORDINANCE ADOPTING THE DRUG AND ALCOHOL POLICY

WHEREAS, the Illinois General Assembly has recently enacted Public Act 101-0027 and 101-0593, an Act concerning legalization of adult-use of Cannabis, which became effective January 1, 2020;

WHEREAS, pursuant to the Act, the City of Batavia desires to adopt an ordinance updating the drug and alcohol policy for its employees;

WHEREAS, all prior existing drug and alcohol policies of the City of Batavia shall be superseded by the Drug and Alcohol Policy adopted by this Ordinance; and

WHEREAS, should any section or provision of this Ordinance or the adopted Policy be declared to be invalid, that decision shall not affect the validity of this Ordinance or adopted Drug and Alcohol Policy as a whole or any part thereof, other than the part so declared to be invalid;

NOW, THEREFORE, be it ordained by the corporate authorities of the City of Batavia, the following:

Section 1. The Drug and Alcohol Policy, included as Exhibit A to this Ordinance, is hereby adopted.

Section 2. This ordinance shall be in full force and effect on February 3, 2020.


PRESENTED to and PASSED by the City Council of the City of Batavia, Illinois, this 3rd day of February 2020.

APPROVED by me as Mayor of said City of Batavia, Illinois, this 3rd day of February 2020.

_________________________________ Jeffery D. Schielke, Mayor

Ward Aldermen Ayes Nays Absent Abstain Aldermen Ayes Nays Absent Abstain 1 O’Brien Baerren 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:

______________________________


Exhibit A Drug & Alcohol Policy

1

City of Batavia Drug and Alcohol Policy

Replaces 12.2 Appendix II – Substance Abuse Program Drug-Free Workplace

In order to ensure a safe work environment and compliance with the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101 et seq.), the City of Batavia (“the City”) maintains a drug-free workplace. Accordingly, the City prohibits employees from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of the (Public Law 100–690, 102 Stat. 4181), use of drugs, and use of alcohol in the workplace. The foregoing prohibition shall apply to the City of Batavia property, including in city-owned vehicles and any private vehicles parked on the City premises or worksites. If this policy conflicts with the requirements of any collective bargaining agreement, the collective bargaining agreement shall control only as to those employees who are covered by that agreement. For purposes of this policy, the term “drugs” includes, but shall not be limited to: (i) any non-prescribed controlled substance that the employee is not authorized to possess or consume by law; (ii) any substance listed in the Controlled Substances Act (720 ILCS 570 et seq.); (iii) any substance listed in the Cannabis Control Act (720 ILCS 550 et seq.); and (iv) drugs or substances which may not be listed in the Controlled Substances Act or the Cannabis Control Act but which have adverse effects on perception, judgment, memory, or coordination. A non-exhaustive list of applicable drugs includes, but is not limited to, the following:

Opium Psilocybin-psilocin Morphine MDA Codeine PCP Heroin Chloral Hydrate Meperidine Methylphenidate Cannabis Hash Barbiturates Hash Oil Glutethimide Steroids Methaqualone Tranquilizers Cocaine Amphetamines Phenmetrazine LSD Mescaline

A. Prohibited Conduct

The following conduct is prohibited:

1. The unauthorized use, possession, manufacture, distribution, or sale of drugs, drug paraphernalia, or alcohol while on or in City property, while conducting work-related business, or during working hours.


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2. Being under the influence of drugs or alcohol while on or in City property, while conducting work-related business, or during working hours.

3. Being under the influence of legal or prescribed drugs or chemicals used in

excess of, or in non-conformity with, prescribed limits while on or in City property, while conducting work-related business, or during working hours.

4. The illegal use, possession, manufacture, distribution, or sale of drugs or drug

paraphernalia (while on or off duty).

5. The City prohibits its law enforcement officers, firefighters and paramedics from the use, possession, manufacture, distribution or sale of cannabis while on or off duty.

6. Storing any illegal drug, drug paraphernalia, cannabis or alcohol in or on City

property.

7. Failing to notify an employee’s supervisor prior to starting work of any known side effects of medications, prescription drugs, or other chemical compounds or supplements of any kind, including cannabis, that the employee is taking (or has taken) which might affect the performance of the employee’s duties.

8. Refusing to immediately submit to an alcohol and/or drug test when requested

by a supervisor.

9. Failing to provide, within one workday following a request, documentation confirming a valid prescription for any drug or medication identified by a positive drug test.

10. Failing to adhere to the requirements of any drug or alcohol treatment program

in which the employee is enrolled as a condition of continued employment. 11. Failing to notify the employee’s supervisor of any arrest, conviction, or relevant

plea (including pleas of guilty and nolo contendere) relating to drugs or alcohol no later than the earlier of the next date the employee is scheduled to work or two calendar days following the arrest, conviction, or plea.

12. Tampering with, adulterating, altering, substituting, or otherwise obstructing any

testing process required pursuant to this policy. 13. Reporting for work while having a blood alcohol concentration of .02 or greater

or with any level of drugs in excess of the thresholds set forth in Section H below.

14. Possessing or using drugs or alcohol while on duty or while operating a

commercial vehicle.


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15. Operating a commercial vehicle within four hours after using alcohol (an on-call employee who consumes alcohol within four hours of being called in must acknowledge the use of alcohol and may not report for duty).

16. Consuming alcohol or drugs (including cannabis) during the eight-hour period

following an accident requiring a drug and alcohol test before a post-accident alcohol or drug test is given.

17. Reporting for duty or remaining on duty requiring the operation of a commercial

vehicle when the employee has used a drug or drugs, except when the use is pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial vehicle.

B. Required Conduct

The following conduct is required of all City employees:

1. Employees must notify their supervisor prior to starting work of any known side effects of medications, prescription drugs, or other chemical compounds or supplements of any kind, including cannabis, that they are taking (or have taken) which might affect the performance of their duties or threaten the safety of the employee or any other person.

2. Employees must notify their supervisor of any arrest, conviction, or relevant

plea (including pleas of guilty and nolo contendere) relating to drugs or alcohol no later than the earlier of the next date the employee is scheduled to work or two calendar days following the arrest, conviction, or plea. In accordance with federal law, City will notify any applicable federal contracting officer(s) of any relevant conviction(s) or plea(s) within 10 days of receiving notice of the conviction or plea.

3. Employees must submit to drug testing in accordance with this policy and

applicable law. C. Voluntary Treatment for Abuse of Drugs and/or Alcohol

The City strongly encourages employees who believe or suspect that they may be abusing drugs and/or alcohol to voluntarily seek treatment before their job performance is affected. Any employee who notifies the City of alcohol or drug abuse problems will be treated in the same manner as any other employee with an illness. Information and communications regarding an employee’s voluntary treatment or counseling due to actual or suspected drug and/or alcohol abuse shall remain confidential in accordance with state and federal law.

Employees who voluntarily seek treatment for drug and/or alcohol abuse shall not be subject to discipline, discharge, or discrimination based solely on such voluntary treatment if the treatment is sought prior to:


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1. The employee testing positive for illegal drugs and/or alcohol;

2. The employee being notified of an upcoming drug and/or alcohol test;

3. The occurrence of an event that gives rise to reasonable suspicion that the employee is under the influence of drugs and/or alcohol;

4. Any return to duty or related follow-up testing for drugs and/or alcohol; and/or

5. The occurrence of an accident which requires the employee to submit to drug and/or alcohol testing.

Employees who seek voluntarily treatment for drug and/or alcohol abuse shall continue to be subject to appropriate disciplinary action up to and including termination for substandard job performance, unexcused absences, abuse of drugs and/or alcohol, or any other violations of this manual, whether such violations are directly or indirectly related to the employee’s use of drugs and/or alcohol.

Furthermore, employees who voluntarily seek treatment for drug and/or alcohol abuse shall not be excused from required drug and/or alcohol testing in accordance with this policy even when voluntary treatment was sought prior to the testing in question. No employee shall be permitted to use voluntary treatment for drug and/or alcohol abuse to avoid otherwise legitimate disciplinary action for failure to comply with this policy or other provisions of the manual.

Employees may request a medical leave of absence to obtain treatment for drug and/or alcohol abuse in accordance with the Family and Medical Leave Act of 1993 and other applicable law. Such leave requests shall be treated in the same manner as any other request for leave pursuant to this policy. The City may also grant reasonable accommodations for employees being treated for drug and/or alcohol abuse so long as those employees are participating in a treatment program and are not currently abusing drugs and/or alcohol. The City will not retaliate or discriminate against any employee for requesting leave or a reasonable accommodation to obtain treatment for drug and/or alcohol abuse.

D. Acknowledgement

In accordance with applicable law, employees are required to acknowledge and agree to this policy as a condition of employment. Any employee violating this policy is subject to discipline, up to and including termination of employment.

Drug and Alcohol Testing of All Employees A. Reasonable Suspicion

All employees are required to submit to alcohol and/or drug testing if a supervisor determines that there is reasonable suspicion to believe that an employee has been


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using illegal drugs, abusing prescribed drugs, is under the influence of alcohol or cannabis, or is consuming alcohol or cannabis while working.

For the purposes of this policy, reasonable suspicion means a belief based on objective facts sufficient to lead a reasonable prudent person to find that an employee is using, or has used, drugs or alcohol in violation of this policy. Such a suspicion shall be drawn from specific, objective facts and reasonable inferences drawn from those facts in light of experience.

Some factors that may be considered in determining whether a finding of reasonable suspicion is appropriate may include, but are not limited to, any of the following, alone or in combination:

1. Observable phenomena, such as direct observation of drug or alcohol use, the

presence of the odor of drugs or alcohol on or about the employee and/or the physical symptoms or manifestations of being under the influence of drugs or alcohol;

2. Abnormal conduct or erratic behavior;

3. Excessive unexcused absenteeism, tardiness, or deterioration in work performance;

4. Slurred speech or unsteady walking or movement;

5. Illegal possession of drugs or controlled substances or an arrest for violation of a drug statute;

6. Information obtained from third parties that indicates the employee may be using substances prohibited by this policy;

Once reasonable suspicion has been determined, the employee shall be required to take the applicable drug and/or alcohol test. An order to submit to testing shall be in writing and signed by a supervisor. If an employee declines the test, it will be treated as a positive test and the employee will be subject to discipline up to and including termination. When an employee is ordered to submit to a drug and/or alcohol test as a result of a supervisor’s reasonable suspicion, the employee will not be allowed to return to work pending the results of the drug and/or alcohol test.

B. Post-Accident Testing

All accidents, including those involving a vehicle, must immediately be reported to an employee’s supervisor. The supervisor shall investigate the circumstances of the accident and determine if there is reasonable suspicion to require a drug and/or alcohol test. If it is determined that the employee caused or contributed to occurrence of the accident or the employee was otherwise at fault, the employee may be required to submit to a drug and alcohol test regardless of the existence of reasonable suspicion.


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If post-accident drug and/or alcohol testing is ordered, the employee involved must submit to a drug and/or alcohol test within two hours of the accident. An employee who fails to remain readily available for post-accident testing or leaves the scene of an accident without a valid reason or permission by his or her supervisor will be deemed to have refused to submit to testing. The employee to be tested shall not be permitted to drive himself or herself to the collection site.

C. Types of Testing

Any of the following methods may be utilized to test an employee for the presence of drugs and/or alcohol:

1. Urine testing; 2. Evidentiary breath testing device (Breathalyzer);

3. Blood testing;

D. Licensed Clinical Laboratory Only

The City shall use only licensed clinical laboratories for drug and/or alcohol testing. Such laboratories shall be responsible for maintaining a proper chain of custody of any samples. If an employee tests positive for drugs and/or alcohol, a confirming test shall be conducted. The laboratory will not submit a positive test result to the City unless the confirming test result is also positive for the same sample. The laboratory shall retain a portion of the tested sample so the employee can arrange for another confirming test to be conducted by a licensed clinical laboratory of the employee’s choice and at the employee’s expense. Once the portion of the tested sample is delivered to the clinical laboratory selected by the employee, the employee shall be responsible for maintaining the proper chain of custody for that portion of the sample.

Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by a medical review officer. A medical review officer is a licensed physician responsible for receiving and interpreting laboratory results from applicable tests.

E. Records Relating to Drug and/or Alcohol Tests

Records reflecting positive drug and/or alcohol tests will be kept in the employee’s file and will be kept confidential in accordance with applicable law. Information regarding drug and/or alcohol tests and an employee’s participation in a substance abuse rehabilitation program may be disclosed to supervisors only if such information relates to the employee’s ability to perform his or her work duties or the employee’s need for a reasonable accommodation under the Americans with Disabilities Act of 1990 or other applicable law.

For employees in safety sensitive positions, the following records shall be maintained for a minimum of five years: (i) records of annual management information system


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reports; (ii) records regarding employee evaluations and referrals to substance abuse professionals; (iii) records relating to follow-up tests and follow-up schedules; (iv) records relating to refusals to submit to drug and/or alcohol tests; (v) records of alcohol test results indicating an alcohol concentration of .02 or greater; (vi) verified positive drug test results; and (vii) breath testing device calibration documentation.

F. Required Records from Prior Employment as Driver of a Commercial Vehicle

In accordance with applicable law, the City must query the Department of Transportation Drug & Alcohol Clearinghouse to determine whether prospective employees are prohibited from performing safety-sensitive functions due to unresolved drug or alcohol violations

This information must be obtained before the individual can be hired by the City. If the information obtained from the Clearinghouse indicates that the individual tested positive for drugs or alcohol or refused to be tested during the past two years, that individual will not be permitted to drive a commercial vehicle unless subsequent information indicates that the individual was evaluated by a substance abuse professional and successfully completed return to duty testing.

G. Compensation

If an employee is ordered to submit to an involuntary post-employment drug and/or alcohol test, the time spent by the employee traveling to and from the test and waiting for and undergoing the test will be considered compensable working time unless otherwise provided by law or contract. Pre-employment drug and/or alcohol tests will not be compensated.

H. Cutoff Levels for Drugs and Drug Metabolites; Blood Alcohol Exceedances

Cutoff levels for all drug and drug metabolite testing shall be consistent with the guidelines established by the U.S. Department of Health and Human Services (HHS) or its successor agency. An employee shall be deemed to be under the influence of alcohol if the applicable blood alcohol test demonstrates a level of .02 or greater.

I. Policy Violations

Any employee testing positive for drug usage, blood alcohol levels greater than .02, or engaging in any other prohibited conduct concerning drug or alcohol shall be subject to disciplinary action up to and including immediate termination. Regardless of disciplinary action taken, all such employees will be advised of resources available to evaluate and treat problems associated with drug and/or alcohol abuse.

Employees in safety-sensitive positions, including those that require a CDL, who are not terminated for violation of this policy shall be subject to the following conditions of continued employment:


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1. If an employee has a breath alcohol concentration of at least .02 but less than .04, he or she shall not drive a commercial vehicle or engage in any other safety sensitive actives for at least 24 hours.

2. If an employee tests positive for drugs, tests positive for a blood alcohol level of .04 or greater, and/or engages in any other conduct prohibited by this policy relating to drugs and/or alcohol, the employee will be immediately removed from duties requiring the driving of a commercial vehicle and will not be permitted to return to work unless the employee: (i) has been evaluated by a substance abuse professional; (ii) has complied with any rehabilitation prescribed by a substance abuse professional; and (iii) has successfully completed a return to duty test for drugs and/or alcohol.

3. Upon completion of a recommended rehabilitation program and successful return to work, the employee will be subject to follow-up random testing for up to 60 months as recommended by the substance abuse professional and the City with a minimum of six such unscheduled tests within the first 12 months of returning to duty.

Drug and Alcohol Testing of Specific Employees In accordance with the Omnibus Transportation Employee Testing Act of 1994 and other applicable law, the City of Batavia requires employees in safety-sensitive positions and applicants for safety sensitive positions to submit to mandatory drug and alcohol testing pursuant to this policy. Applicants for non-safety-sensitive positions may be required to submit to pre-employment testing. All such employees are subject to random drug and alcohol testing. Safety-sensitive positions are those positions where there exists a high risk of injury to others with disastrous consequences if the employee has even a momentary lapse of attention. Some examples of safety-sensitive positions include law enforcement personnel, firefighters, paramedics, and employees who operate large or heavy equipment. Under this policy, employees in safety-sensitive positions specifically include all employees whose positions may involve driving a commercial vehicle and that require the possession of a CDL. For purposes of this policy, a commercial vehicle means a vehicle that either: (i) has a gross weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); (ii) is designed to transport 16 or more persons, including the driver; or (iii) is used to transport hazardous materials. An employee is considered to be “driving a commercial vehicle” under this policy if he or she is performing any safety sensitive function defined in 49 CFR 382.107, which includes all time working in a position requiring a CDL.


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With respect to employees who work in a position requiring a CDL, alcohol testing for reasonable suspicion may be conducted just before, during, or after an employee operates a commercial vehicle. A. Drug and Alcohol Testing for Safety-Sensitive Positions

Employees in safety-sensitive positions are subject to drug and alcohol testing under different and additional circumstances than employees who are not in safety sensitive positions.

1. Reasonable Suspicion – Any employee in a safety-sensitive position shall

submit to a drug and/or alcohol test when any supervisor has reasonable suspicion to believe that an employee has been using illegal drugs, abusing prescribed drugs, is under the influence of alcohol or cannabis, or is consuming alcohol or cannabis while working or while on call.

If an employee is removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform safety-sensitive functions until: (i) an alcohol test determines that the employee’s breath alcohol concentration measures less than .02; and (ii) 24 hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has been using alcohol.

2. Post-Accident Testing Involving a Commercial Vehicle – An employee is

required by law and this policy to submit to an alcohol test whenever he or she is involved in an accident while driving a commercial vehicle on a public road which results in: (i) a fatality; (ii) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; and/or (iii) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle.

3. Return to Duty Testing – Any employee who has violated this policy and/or has

tested positive on a drug or alcohol test and is subsequently permitted to return to work, must pass a drug and/or alcohol test in accordance with this policy prior to returning to duty.

4. Follow-Up Testing – An employee in a safety-sensitive position who is referred

for assistance related to alcohol and/or drug abuse is subject to unannounced follow-up testing for a period not to exceed 60 months as directed by a substance abuse professional and the City. The number and frequency of follow-up tests will be determined by the substance abuse professional and the City but will not be less than six tests in the first 12 months following the employee’s return to duty.

For purposes of this policy, a substance abuse professional is a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional,


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or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders.

B. Pre-Employment Drug Testing

Candidates must pass a drug test as a post-offer condition of employment. Failure to successfully pass a post-offer pre-employment drug test may result in the offer of employment being revoked. An applicant who is denied employment because of a positive drug test may not reapply for employment with the City for a period of six months.

C. Random Drug and/or Alcohol Testing

Employees whose positions require the possession of a CDL may be randomly selected to submit to drug and/or alcohol testing. The process will be unannounced, and employees shall be selected in a non-discriminatory manner. After an employee is notified that he or she has been selected for random testing, the employee shall be required to report immediately to the testing location no later than one hour after notification. Upon arrival at the testing location, the employee must identify him or herself by use of a photo identification card and present any applicable documentation. Upon completion of the drug and/or alcohol testing, the employee will, if his or her shift is not completed, immediately return to duty status.

Drug and Alcohol Testing of Public Safety Employees For purposes of this policy, public safety employees include law enforcement officers and firefighter/paramedics. A. Prohibition

The City prohibits law enforcement officers and firefighter/paramedics from the consumption, possession, sale, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty.

B. Collective Bargaining Agreements

Any drug and alcohol testing procedures in the collective bargaining agreement shall remain in full force and effect.

Discipline Employee supervisors and their superiors, as applicable, are responsible for administering disciplinary measures based on the facts and circumstances of the situation. Prior to the administration of any disciplinary action, the applicable supervisor may give the employee the opportunity to respond to the allegations made against the employee. The disciplinary


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procedures set forth in this section apply to all employees, unless otherwise subject to a collective bargaining agreement. These policies and procedures should not be construed as preventing, limiting, or delaying the City from taking appropriate disciplinary action, including immediate dismissal without prior warning or notice, as the facts and circumstances warrant.

ACKNOWLEDGEMENT By signing below, I acknowledge that I have received a copy of the City of Batavia’s Drug and Alcohol Policy (“Policy”) and understand that it is my responsibility to read and become familiar with its contents. I further understand that it is my responsibility to ask questions of my immediate supervisor and/or another appropriate member of management if I do not understand any of the information contained in the Policy and that I am required to abide by and observe all of the information and rules, policies, and procedures explained therein. I acknowledge that nothing in the Policy constitutes a contract or promise of employment and that unless otherwise provided in a collective bargaining agreement or individual employment contract, my employment is “at-will,” which means that the employment relationship may be terminated at any time for any lawful reason with or without cause or notice. I agree to abide by and observe all of the information and rules, policies, and procedures set forth in the Policy and understand that the City of Batavia’s rules, policies, and procedures may be changed from time to time, with or without notice, and that this Policy supersedes and replaces any and all prior manuals or policies. __________________________________________________________________ Print Name __________________________________________________________________ Signature __________________________________________________________________ Date Signed