The City Council chambers were packed this week for an exceptionally long session debating proposed ICE-related legislation.
Great example of a civil and peaceful event, we had dozens of speakers, high emotion, only a few outbursts, and even a bit of colorful language.
On a less contentious note, the meeting also included the debut of the new downtown occupancy portal and a discussion of new benches for the upcoming downtown plaza. Finally, construction crews are scheduled to demolish the Tin Shop downtown this week.
1. Meeting Logistics and Initial Business
- Call to Order and Public Comment Rules ([21:42]): The meeting was called to order. The chair established ground rules for public comment, emphasizing that it is not an open debate. They requested respect and no outbursts, clapping, or booing ([22:33]), warning that the room would be cleared if control was lost. Speakers were limited to three minutes ([55:51]).
- Roll Call and Minutes ([22:33]-[24:05]): Roll call was taken, and a motion to approve the minutes from special meetings on September 30, October 14, and October 20, 2025, was approved.
- Consent Agenda ([24:39]): The consent agenda, including approval of COW executive session minutes and Ordinance 2025-58 (extension of a 90-day moratorium on certain building/zoning applications for light and general industrial properties in the South River Street Gateway Overlay District), was approved.
2. Downtown Occupancy Report Presentation
- Dashboard Overview ([25:09]-[27:05]): Staff presented a new, visual Downtown Occupancy Report dashboard, created in collaboration with the GIS division. The goal was to provide a visual counter to the “fallacy” that downtown Batavia has many vacancies ([27:31]).
- Occupancy Data ([27:54]): The dashboard displays occupied commercial buildings (green), vacant properties (purple/magenta), and partially occupied (yellow), broken down by business industry and building type.
- Vacancy Rate ([34:50]): An alderperson noted that the data shows a vacancy rate of less than 11%, suggesting Batavia is doing “pretty good” and may have less vacancy than neighboring communities like Geneva or St. Charles ([35:21]).
- Future Data Suggestions ([32:29]): Council members made suggestions for expanding the dashboard’s capabilities, including adding:
- Length of vacancy of properties.
- The percentage of downtown area dedicated to parking lots or vacant land ([38:56]).
- An overlay for residential units on top of commercial buildings to better measure downtown density ([40:06]).
- Residential Growth ([40:50]): The Mayor shared statistics from the Chicago Metropolitan Agency for Planning, noting Batavia is a leader in new residential growth, with an expected 800 to 900 new living units to be added between 2022 and 2026. He cited the quality of the Batavia school system as a key driver for this growth ([42:29]).
3. Resolution to Purchase Public Restroom Plaza Benches
- The Proposal ([44:02]): A discussion and motion were held for Resolution 2025-123R to authorize the purchase of benches for the new public restroom plaza.
- Benches as Public Art ([44:31]): The benches are made from recycled windmills, a nod to Batavia’s manufacturing history, and are designed to be a canvas for public art (painted or vinyl-wrapped). The purchase is part of a larger plan to create a sense of space and place in the area, which will also feature a bike repair station and a drinking fountain ([46:29]).
- Outcome ([51:02]): A motion to send the resolution to the City Council with a positive recommendation was approved.
4. Discussion on Civil Immigration Enforcement Ordinance
This was the central and longest topic of the meeting, prompted by a request from Alderpersons to discuss prohibiting federal civil immigration enforcement on city-owned property.
Legal and Council Arguments
- Staff Context ([52:02]): Staff clarified the ordinance would focus on civil immigration enforcement and constrain the use of city-owned property (e.g., for staging or processing) but could not override federal law or bar agents with valid judicial warrants ([54:55]).
- Illinois Trust Act ([2:45:18]): Staff and an alderperson pointed out that Batavia already follows the Illinois Trust Act (5 ILCS 805/1 et seq.), a state law that prohibits local governments and law enforcement from participating in, supporting, or assisting federal civil immigration enforcement.
- Pro-Ordinance Rationale ([56:33]): An Alderperson argued the ordinance is an exercise of local control over city property (anti-commandeering doctrine) and a necessary symbolic action to affirm the city’s commitment to the rights, safety, and dignity of all residents. He stated that fear prevents community members from accessing city services or reporting crimes, which makes the whole town less safe.
Public Comment
- Overwhelming Support: 39 speakers addressed the council, with a vast majority supporting the ordinance.
- Key Themes from Supporters:
- Fear and Safety ([1:09:38],): Many shared personal stories of fear, children being scared, carrying documents, and being racially targeted. One speaker noted a 23% decrease in Hispanic and Latino neighbors seeking food pantry services due to fear of detainment ([2:26:58]).
- Due Process ([1:00:04],): Concerns were raised that ICE operates without judicial warrants, engages in lawlessness (masked agents, abuse), and wrongly detains U.S. citizens.
- Historical and Moral Imperative ([1:38:32],): Batavia’s history as a stop on the Underground Railroad was invoked as a moral precedent for standing against unjust federal actions.
- Themes from Opponents: Two speakers suggested the council should follow federal law, arguing ICE targets criminals, and recommended bringing in an ICE expert for clarification on the laws ([1:13:10]).
Council Deliberation and Vote
- Council Consensus ([3:00:38]): Despite the existing Illinois Trust Act, council members agreed that based on the community’s emotional and overwhelming input, an ordinance was necessary to make a statement of values and build trust.
- Motion to Draft Ordinance ([3:20:44]): An alderperson motioned to instruct staff to draft an ordinance that would:
- Prohibit ICE staging, processing, and use of physical and data resources on city property.
- Create a mechanism to report ICE presence.
- Affirm Batavia’s stance on inclusion.
- Prohibit face coverings and mandate clear marking for law enforcement.
- Direct staff to be trained on implementation.
- Prohibit ICE staging, processing, and use of physical and data resources on city property.
- Create a mechanism to report ICE presence.
- Affirm Batavia’s stance on inclusion.
- Prohibit face coverings and mandate clear marking for law enforcement.
- Direct staff to be trained on implementation.
- Outcome ([3:30:34]): The motion to instruct staff to draft the ordinance was approved by a roll call vote of 13-0.
5. City Council Updates and Closing
- Project Status ([3:32:08]): City Administrator Laura Newman provided updates, including a successful emergency management tabletop exercise, received application documents for the 400 South River Street residences, and the temporary closure of the Peace Bridge for ramp work.
- Police Grants ([3:36:23]): The Police Department was awarded a grant for six Axon Taser 7 packages and is working on applications for other grants, including one for ballistic vests.
- Future Agenda Item ([3:37:13]): An Alderman requested a future discussion on the procedure for placing items on the agenda to ensure alignment with the city’s mission and value statement. Additionally, it was noted it is illegal for Batavia to request which town speakers from the public actually live in and it wasn’t confirmed every speaker lived in Batavia.
- Adjournment ([3:39:13]): The meeting was adjourned. The public was reminded that the meeting video would be available on YouTube (BATV 1017).
Author: Jim Fahrenbach
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