Committee of the Whole

Committee of the Whole - Jul 20 2026 Agenda Monday, July 20, 2026 at 7:15 PM or Immediately following the City Council Meeting 100 N. Island Ave, Batavia, IL 60510 in the City Council Chambers For viewing purposes only, the meeting will be broadcast live on BATV’s YouTube channel which can be accessed from their website at myBATV.com at https://www.youtube.com/user/BATV1017 Page 1. Roll Call 2. Reminder: Please speak into the microphone for BATV recording 3. Items removed, added, or changed 4. Matters from the Public (For items NOT on the Agenda) 5. Regular Agenda 5.1 Potential Changes to the City’s Video Gaming Regulations 2 Ordinance 2026-031: Revising the City of Batavia City Code Title 3 Chapter 26 Ordinance 2026-031 with Staff Memo (Updated 7-20) 6. City Council Updates 6.1 Project Status 6.2 Other Business 7. Executive Session: Purchase of Real Estate 8. Adjournment Individuals with disabilities should notify the City Administrator's office at 630-454-2053 if they have a disability which will require special assistance or services and, if so, what services are required. This notification should occur as far as possible before the City-sponsored function, program or meeting. Page 1 of 12 Agenda Topic: Potential Changes to the City’s Video Gaming Regulations Ordinance 2026-031: Revising the City of Batavia City Code Title 3 Chapter 26 From: Drew Rackow AICP, Planning & Zoning Officer Date: July 16, 2026 Materials: Ordinance 2026-031 Staff Contact(s): Scott Buening, Community & Economic Development Director Eric Blowers, Police Chief Drew Rackow, Planning & Zoning Officer Strategic Plan or Other General Policy Discussion Goal(s): Purpose of Agenda Item This past May, the Committee of the Whole discussed possible modifications to the City Code regulating Video Gaming establishments. This was after the Plan Commission requested the COW consider regulations to avoid the over proliferation of gaming in the downtown, and the Committee members’ comments to have a review of the regulations separate from any individual applications. The Committee voted 9 to 3 requesting staff investigate changes and bring them to the committee for review. Staff provides draft Ordinance 2026-031 with alternatives to consider. Discussion at the last meeting focused on a potential cap in the downtown area, with discussion of additional setbacks from certain uses and consideration of an overall cap for the community. Background Information/History Limitation on Number of Licenses: The Committee discussed having an overall limitation, but did not come to a decision on whether there would be a cap Citywide, downtown only, or a combination of both. Council members appeared to agree that the number of locations in the General Commercial District was at issue. The Committee could also consider other location factors (ex. by quadrant). There are presently 13 license holders in the community. There are 8 existing licenses in the DMU District. One application is presently pending for a new downtown location The current draft Ordinance includes the following two statements, to account for the pending application. “The City shall issue a maximum of fourteen (14) licenses, Citywide.” and “The City shall issue a maximum of 9 license in the DMU, Downtown Mixed Use District” Page 2 of 12 Limitations could be extended to all district types; however, staff is not recommending this as a change. The attached table includes a breakdown of district and types of establishments. The other districts include the Community Commercial District (CC) with 2, the General Commercial District (GC) with 2, and the Public Facilities and Institutional District (PFI) with 2. The Committee could also limit licenses by type of licensed business. If the Council adopted a limitation on the number of locations, staff would recommend updating the Zoning Code to remove the conditional use requirement for Video Gaming uses as they would be better regulated by the caps that would be imposed. Separation from Other Establishments/Uses: The Committee discussed the inclusion of other separations from certain uses. This would create a City standard of separation, which could be greater than the state standard. The State requires a separation of 100 feet from religious institutions and schools. However, it has interpreted it in practice to be measured only from the buildings that have the use, and their interpretations have been very questionable and loose as to how they were determined. The City could enforce a standard for all properties owned by such a use as measured from the property line. It could incorporate other uses like libraries or parks. Staff provides a map depicting 500-foot buffers from religious institutions downtown and a map depicting 100-foot buffers from parks and schools. Staff believes large buffers may be too limiting; staff will provide maps of the 100-foot buffers from religious institution property lines at the meeting. This appears to make only the Gammon Coach House site potentially no longer conforming, where if their license was ever surrendered, the use could not be reestablished. If School property included private daycares, JT’s would be affected by the location of Mill Creek Daycare. The Committee could also discuss if there should be a limitation for multi-tenant buildings. On one property in the DMU District, we have three businesses with licenses. A limitation on the number of establishments per property may disadvantage those property owners and future business, where one cannot get a new license due to that requirement. This parcel also has the largest number of restaurants and bars in a common building and could be viewed as an outlier in the downtown area. Both in the DMU and GC Districts, there are several multi-tenant buildings. In the DMU you may also have a building with two businesses, where one gaming request could not be established after the other. Staff is not recommending such a limitation. Existing Violations: The draft Ordinance includes language, similar to the Liquor Code to require that there are no open building or zoning violations on the property to grant a gaming license and that there are no payments owed to the City. Repeat Offenders: The draft text includes language allowing the Mayor as Liquor Commissioner to revoke a license for repeated violations of underage gaming or underage drinking, or a combination of both. Analysis and Implications for Policy, Budget, and Communications • The proposed revisions would address some of the stated concerns at the last discussion of the COW. A draft Ordinance is provided for this discussion, that can be revised based on Council direction. Page 3 of 12  • Budget/Financial Implications: Reductions in opportunity for gaming could reduce future proceeds from gaming. • Communication: The City Council could schedule a COW review with existing license holders if desired, though it is presumed existing facilities will be grandfathered by any changes until they are terminated. Staff can be directed to provide the proposed revisions for review with license holders. Pros and Cons of Various Actions and Alternatives The proposed changes would allow for the Council to have greater control on where licenses are in the future, without requiring a longer zoning process. The Council would be able to determine if a specific application is suitable, or in a location where the Council wanted to see gaming expanded in the future. Recommendation and Action Staff recommends the Council review the proposed alternatives with Ordinance 2026-031. Next Steps The Committee may discuss alternatives; if there is consensus agreement for changes to be proposed, the draft Ordinance can either return to a Committee meeting, or full City Council for review and approval Page 4 of 12 Venue Zoning District Type of Establishment Has Conditional Use Rosati’s Pizza DMU Restaurant No Moose Lodge PFI Fraternal Organization No Batavia Overseas/VFW PFI Fraternal Organization No Crosstown Pub GC Restaurant/Bar No Gammon Coach House DMU Restaurant/Bar Yes Bulldog’s Cellar DMU Bar No JT’s Tavern DMU Restaurant/Bar No East China Inn DMU Restaurant Yes Riverside Pub and Pizza DMU Restaurant/Bar Yes Overflow DMU Bar Yes Speedway CC Truck Stop No Funway GC Entertainment Yes Wilson Street Tavern DMU Bar Yes Page 5 of 12  Batavia Gaming - Locations of Churches, Parks and Schools in Downtown F o x R i v er Wat er S t Spri n g St Mc Kee St Batavia W a s h in g Van Bu re n S t I s la n d Ri ve r St to n A v e Ave B a ta vi a A ve State St H o us ton St Li ncoln St Wi l son St Wilson S t Wilson St 25 W ashi ngt on Av e Prai r ie S t Fox Ri v er 31 S humway Av e Web s ter St 1st St W at e r St Adam s St R iv er S t v i a A ve Vanburen Park Fli nn S t M ain S t Ma in St B ata La u r el St 658 ft E l m St Ch e st nut St 7/17/2026 1:6,864 0 0.04 0.09 0.17 mi ADDRESSES Gaming Buildings School District Properties 0 0.05 0.1 0.2 km PARCELS Church Properties Preschools Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, Esri, NASA, NGA, USGS, FEMA Gaming Sites Park District Properties World_Hillshade Page 6 of 12  Batavia Gaming - 100 Buffers from School and Parks W a s h in g Van Bu ren St I sl and Ave Ri ve r S t to n A v e B at av ia A v State St e Wilson St W il son St 25 Wash ingt o n Ave Pra ir ie St F o x R i v er 31 Shumway Ave Web s ter St W at e r St Adam s St Riv er St Vanburen Park v i a Av e Fli nn St Ma in St Bata L au r el St 658 ft 7/20/2026 1:5,207 0 0.03 0.07 0.13 mi ADDRESSES Gaming Sites ParkProperties_Buffer Preschools_Buffer PARCELS Gaming Buildings SchoolProperties_Buffer World_Hillshade 0 0.05 0.1 0.2 km Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap CITY LIMITS Park District Properties Preschools contributors, and the GIS User Community, Sources: Esri, Vantor, Airbus DS, City of Batavia Page 7 of 12  Batavia Gaming - 500 Foot Buffers from Churches Fox Ri v er I s l a n d Ave 730 ft ank l in St Fr Fra nk l in S t Fox Ri v er Hamlet St Wat er S t C o lle g e S t S pri n g St Batavia W a s h in g D el ia St M c Kee St V an Bu re n St I s la n d Ri ve r St B a t av i a A ve to n A v e Ave State St Ho us ton S t W ilson S t Li n coln S t Wil s on St Wilson S t 25 W a shi ng t on A ve F o x Ri v e r 31 C o ll e Sh umway A ve ge S t Web s ter St 1st St W at e r St Ave e l and Adam s St C lev R i v er St vi a Ave Vanburen Park Fli nn S t M ain St Ma in St Bata 658 ft J B Nelson Elementary School E l m St Che st nu t St P riv a te R d Van Buren St Uni o n Ave r St Loc ust St Clark Island Wate Recreation Area 7/20/2026 1:8,921 0 0.05 0.1 0.2 mi PARCELS Gaming Sites World_Hillshade CREEKS Gaming Buildings 0 0.07 0.15 0.3 km Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap CITY LIMITS Church Properties contributors, and the GIS User Community, Esri, NASA, NGA, USGS, FEMA City of Batavia ChurchProperties_Buffer Page 8 of 12  CITY OF BATAVIA, ILLINOIS ORDINANCE 2026-031 REVISING THE CITY OF BATAVIA CITY CODE TITLE 3, CHAPTER 26 OF THE CITY CODE (DRAFT) ADOPTED BY THE MAYOR AND CITY COUNCIL THIS DAY OF AUGUST, 2026 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 day of August, 2026 Batavia, IL 60510 Page 1 of 4 Page 9 of 12  CITY OF BATAVIA, ILLINOIS ORDINANCE 2026-031 REVISINGTHE CITY OF BATAVIA CITY CODE TITLE 3, CHAPTER 26 OF THE CITY CODE (DRAFT) WHEREAS, the City of Batavia's City Code (City Code Title 3, Chapter 26) contains regulation and licensing standards for Video Gaming Establishments; and WHEREAS, the City Council has reviewed the existing regulations and seeks revision to better regulate the activity within the City; WHEREAS, it is in the best interests of the City of Batavia and its residents that the proposed Ordinance be adopted by the City Council of the City of Batavia. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Batavia, Kane and DuPage Counties, Illinois: SECTION 1: That the City of Batavia City Code (Title 3 of the City Code) is hereby amended with the following revisions. 1. That Section 2 of Title 3, Chapter 26 be revised to add a new item C. that states: C: Number of Licenses Issued. 1. The City shall issue a maximum of fourteen (14) licenses, Citywide; and 2. The City shall issue a maximum of nine (9) licenses, in the DMU – Downtown Mixed Use Zoning District. 3 In addition the state of Illinois standards for location, applicants shall meet the following location criteria. a. All newly licensed locations shall be located at least 100 feet from a property line of land owned by a school or religious institution. or a. All newly licensed locations shall not abut land owned by school or religious institution. 4. A license shall not be issued for Video Gaming where there are open City Code violations, including Building or Zoning Code violations. A license shall not be renewed with open City Code Violations. 2. That Section 2 of Title 3, Chapter 26 be revised to number the existing text as item 1 of this Section. Page 2 of 4 Page 10 of 12  CITY OF BATAVIA ORDINANCE 2026-031 (DRAFT) 3. That Section 2 of Title 3, Chapter 26 be revised to add a new number 2. To read as follows: 2 The Liquor Commissioner may choose to revoke a Gaming License for cause of more than three violations of the Liquor or Gaming provisions of either Act in a period of 3 years (5 years?). SECTION 3: That this Ordinance 2025-031 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 day of, 2026. PASSED by the City Council of the City of Batavia, Illinois, this day of, 2026. APPROVED by me as Mayor of said City of Batavia, Illinois, this day of, 2026. Page 3 of 4 Page 11 of 12  CITY OF BATAVIA ORDINANCE 2026-031 (DRAFT) _______________________________ Jeffery D. Schielke, Mayor Ward Alderman Aye Nay Abstain Absent 1 Baerren 1 Solfa 2 Leman 2 Wolff 3 Lohman 3 Malone 4 Malay 4 Pieper 5 Fahrenbach 5 Beck 6 Anderson 6 Lanci 7 White 7 Barraza Mayor Schielke AYES NAYS ABSTAIN ABSENT TOTALS total holding office: Mayor and 14 Aldermen ATTEST: _______________________ Kate Garrett, City Clerk Page 4 of 4 Page 12 of 12