City Council

Carbondale City Council Special Meeting Friday, March 20, 2026 - 9:00 AM City Council Chambers, 200 South Illinois Avenue Carbondale, Illinois 62901 Visitors are welcome to all meetings of the City Council. Please silence electronic devices before entering. City Council meetings are deliberative sessions by members of the governing body. Civility and decorum are expected and required at all times. The public may address the Council on a matter not covered by the printed Agenda during the Public Comments agenda item; comments and concerns should pertain only to matters relevant to City business. If you wish to address the Council about an item on the Agenda, please raise your hand at the time the Mayor invites audience comments on that item. Speakers may comment once per item for up to four minutes. No speaker may allocate minutes to another person or group. A maximum of thirty minutes will be permitted for public comments, and a maximum of twenty minutes per agenda item will be allowed for public comments on all of the items except public hearings. 1. Roll Call 2. Public Comments 3. General Business 1. Discussion - Protocols for Communications Between City Council and City Administration 2. Discussion and Consideration – Ordinance Regulating Public Camping Within the Corporate Boundaries of the City of Carbondale 4. Adjournment Agenda Item Details Meeting: March 20, 2026 - City Council Meeting Category: General Business Subject: Discussion - Protocols for Communications Between City Council and City Administration Type: Discussion Recommended Action: The recommended action is to facilitate a discussion on communications between the CIty Council, City Manager, and City Staff. Goals: Goal 3: Demonstrate fiscal responsibility and transparency while providing high-quality City services. Originating Department: City Manager Background: At the request of a Council member, this item is placed on the agenda for discussion regarding communication practices between the City Council, City Manager and City staff. Under the Council-Manager form of government, the City Council establishes policy direction, and the City Manager is responsible for the administration of City operations and supervision of staff. Communication between Council and staff is generally coordinated through the City Manager to ensure consistency, operational efficiencies and compliance with statutory governance structure. Staff resources are finite. Requests for information, data and analysis can have operational impacts. The City Manager currently provides weekly updates and a comprehensive monthly report to ensure Council members receive regular and substantive information regarding City activities and initiatives. This discussion provides an opportunity for Council to review expectations related to information flow, communication protocols and administrative coordination within the existing governance framework. Additional Information: Attachments: 1. Special City Council Meeting Agenda Item - Communication Protocols Motion & Voting: The recommended action is to facilitate a discussion on communications between the CIty Council, City Manager, and City Staff. Motion by None, seconded by None. Final Resolution: Motion Yea: None Nay: None Agenda Item: Discussion - Communication Protocols Between City Council and City Administration Background: At the request of a Council member, this item is placed on the agenda for discussion regarding communication practices between the City Council, City Manager, and City staff. Under the Council-Manager form of government, the City Council establishes policy direction, and the City Manager is responsible for the administration of City operations and supervision of staff. Communication between Council and staff is generally coordinated through the City Manager to ensure consistency, operational efficiencies, and compliance with statutory governance structure. Staff resources are finite. Requests for information, data, and analysis can have operational impacts. The City Manager currently provides weekly updates and a comprehensive monthly report to ensure Council members receive regular and substantive information regarding City activities and initiatives. This discussion provides an opportunity for Council to review expectations related to information flow, communication protocols, and administrative coordination within the existing governance framework. Executive Summary Communication Protocols Between City Council and City Administration March 20, 2026 - Special City Council Meeting This summary is provided for informational and educational purposes to assist Councilmembers in reviewing statutory authority, governance structure, and existing communication practices within the City of Carbondale’s Council-Manager form of government. 1. Council-Manager Form of Government Framework Purpose: To clarify statutory roles, responsibilities, and administrative authority. The City of Carbondale operates under the Council-Manager form of government as authorized under the Illinois Municipal Code (65 ILCS 5/5-3-1 et seq.). Under this structure: • The City Council serves as the legislative and policy-making body. • The City Manager is appointed by and accountable to the City Council and serves as the chief administrative officer responsible for the supervision and direction of City departments. • The Mayor, operating within a weak mayor structure, presides over meetings and performs ceremonial and limited statutory duties but does not exercise independent executive authority over City staff. Illinois statute provides that the City Manager is responsible for directing and supervising administrative departments. Policy direction is exercised collectively by the Council. Individual Councilmembers do not supervise or direct City employees. The City of Carbondale Code reflects this governance model by defining: • The legislative authority and policymaking role of the City Council. • The presiding and ceremonial duties of the Mayor. • The administrative authority and supervisory responsibility of the City Manager over City operations and personnel. Guidance from the Illinois Municipal League (IML) reinforces that in Council-Manager municipalities, communication and direction to staff should occur through the City Manager to maintain organizational clarity, accountability, and operational efficiency. Similarly, the International City/County Management Association (ICMA) outlines best practices for Council-Manager governments, emphasizing: • Clear separation between policymaking and administration. • Collective action by the governing body. • Administrative supervision is centralized through the City Manager. These statutory provisions and professional standards demonstrate that policy direction rests with the Council as a body, while administrative supervision and coordination of staff remain the responsibility of the City Manager. 2. Communication and Information Flow Practices To document existing transparency and structured reporting mechanisms, the City currently utilizes several formal communication channels to ensure consistent and proactive information flow to elected officials, including: • Weekly City Manager Updates, providing operational summaries and project updates. • A comprehensive monthly report detailing all City departmental activities and initiatives. • Agenda backgrounds and supporting documents accompanying Council agenda items. • Consideration of action items through appointed boards and committees. • Special presentations as required and beneficial for additional information and discussion. • Coordinated responses to Council inquiries routed through the City Manager’s office. This structured reporting cadence is designed to promote transparency, provide regular operational insight and reduce the need for duplicative or ad hoc information requests. These practices reflect an established framework for information sharing consistent with Council-Manager governance principles and professional administrative standards. ➢ The following is from the onboarding materials for elected officials: Communication City Council - City Manager The City Manager’s office will email a weekly report to Council members on Fridays. Similarly, a more detailed monthly report for the City Council will provide information and highlights from each department. When urgent situations arise, the City Manager or designee will transmit details via text message updates. The goal is to ensure that you learn about these matters from the organization as opposed to from second- or third-hand sources. To the extent that it is possible, the City Manager intends to ensure that you are not caught off-guard by news of significance. The City Manager makes every effort to be available for after-hours cell phone communications. However, to ensure timely comprehensive responses to non-emergency matters, routine matters of business should be handled during standard business operating hours, if possible. Communications with Staff members should be restricted to business hours unless there is an emergency and the City Manager is not available to respond. In-person meetings are an excellent way to discuss current and upcoming matters, as well as to give the City Manager direction about areas of interest that the Council may be able to arrive at a consensus in pursuing. Important Note About Group Communication Please remember when you receive group communications either by email or other messaging, do not reply all. Participating in “contemporaneous interactive communication ” by a majority of a quorum (meaning three or more Councilmembers) outside of a properly noticed public meeting is a violation of the Illinois Open Meetings Act (OMA). Additionally, it is best practice to allow the City Manager to serve as the go-between for any electronic communication with the Council as a whole to similarly avoid any possible OMA violations. City Council - City Staff As part of the Council-Manager form of government, City Staff report to the City Manager. The City Manager is the sole employee who reports directly to the City Council. It is the City Manager’s responsibility to give direction to Staff and monitor and assess their output and responsiveness. City Councilmembers, in a City Manager form of government, should not take it upon themselves to give direction to Staff members. The Council, as a body, may give direction to Staff, but it is the City Manager’s purview to directly assign and assess. While there is no prohibition against City Councilmembers communicating with City Staff, it is best practice to copy the City Manager on electronic communications with Staff to ensure that he is able to monitor Staff’s responsiveness and follow-through, as well as to eliminate conflicting accounts about what was said or done. For discussion purposes only, the following principles may be considered as part of Council dialogue: • Routing Council requests for information or staff action through the City Manager. • Establishing reasonable response timelines based on staff capacity and operational priorities. • Prioritizing workload to ensure continuity of essential services. • Avoiding duplication or serial requests that may create inefficiencies or inconsistent communication. Agenda Item Details Meeting: March 20, 2026 - City Council Meeting Category: General Business Subject: Discussion and Consideration – Ordinance Regulating Public Camping Within the Corporate Boundaries of the City of Carbondale Type: Action Recommended Action: The recommended action is that the City Council discuss and consider adoption of the proposed ordinance regulating public camping within the corporate boundaries of the City of Carbondale. Goals: Originating Department: City Manager Background: The attached ordinance is presented for City Council discussion and consideration regarding the regulation of public camping within the corporate limits of the City of Carbondale. The proposed ordinance establishes regulations governing camping on public property and declares public camping, as defined in the ordinance, to be a nuisance except where specifically authorized by the City through subsequent ordinance. The proposed action is based upon the City’s home rule authority under Article VII, Section 6(a) of the Illinois Constitution and statutory authority granted through the Illinois Municipal Code, including provisions allowing municipalities to adopt ordinances necessary to protect public health, safety, and welfare, and to define and abate nuisances. Additionally, the ordinance recognizes the City’s obligation under the Local Governmental and Governmental Employees Tort Immunity Act to maintain public property in a reasonably safe condition. The ordinance also references the United States Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson (2024), which upheld the ability of municipalities to regulate public camping through a stepwise enforcement framework. The purpose of the proposed ordinance is to establish clear rules regarding the use of public property for camping within the City, address public health and safety concerns associated with unsanctioned encampments, and provide a structured regulatory framework for enforcement while allowing the City Council the ability to designate specific areas, if any, where camping may be permitted through future action. Key provisions of the proposed ordinance include the following: • Declares public camping within the City to be a nuisance except where specifically authorized • Establishes regulations governing the use of public property for camping • Clarifies that City-owned property is not intended or permitted to be used for public camping unless designated by ordinance • Provides an enforcement framework consistent with applicable legal precedent and municipal authority  • Includes severability provisions and repeals conflicting ordinances Additional Information: Attachments: 1. An Ordinance Prohibiting Public Camping within the City of Carbondale 2026-03-20 Motion & Voting: The recommended action is that the City Council discuss and consider adoption of the proposed ordinance regulating public camping within the corporate boundaries of the City of Carbondale. Motion by None, seconded by None. Final Resolution: Motion Yea: None Nay: None  CITY OF CARBONDALE, ILLINOIS ORDINANCE NO. 2026- ___ AN ORDINANCE REGULATING PUBLIC CAMPING WITHIN CORPORATE BOUNDARIES AND OTHER ACTIONS IN CONNECTION THEREWITH ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARBONDALE, ILLINOIS THE 20TH DAY OF MARCH, 2026 Published in pamphlet form by the authority of the City Council of the City of Carbondale, Jackson County, Illinois, this 21st day of March, 2026. CERTIFICATE OF PUBLICATION I, Jennifer R. Sorrell, the duly qualified City Clerk of the City of Carbondale, Illinois, and the official custodian of the records of said City, do hereby certify that this ordinance was published in pamphlet form by the authority of the City Council on the 21st day of March, 2026. Jennifer R. Sorrell, City Clerk  ORDINANCE NO. 2026 - _____ AN ORDINANCE REGULATING PUBLIC CAMPING WITHIN CORPORATE BOUNDARIES AND OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Carbondale is a home rule Illinois municipality pursuant to the Constitution of the State of Illinois of 1970, as amended; and, WHEREAS, pursuant to Section 1-1-4 of the Illinois Municipal Code (65 ILCS 5/1-1-4), the City has those powers conferred upon it by the Illinois Municipal Code; and, WHEREAS, Section 1-2-1 of the Illinois Municipal Code (65 ILCS 5/1-2-1), provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and, WHEREAS, Section 1-2-1.1 of the Illinois Municipal Code (65 ILCS 5/1-2-1.1) empowers the corporate authorities of the municipality to pass ordinances to regulate any matter that is expressly within the powers granted to the municipality, or incidental thereto; and, WHEREAS, Section 1-1-10 of the Illinois Municipal Code (65 ILCS 5/1-1-10) empowers the corporate authorities of the municipality to exercise all powers granted to it expressly, by necessity, by the Illinois Municipal Code, by Illinois statute, or by the Illinois Constitution; and, WHEREAS, Section 11-20-5 of the Illinois Municipal Code (65 ILCS 5/11-20-5) empowers the corporate authorities of each municipality to “do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of diseases”; and,  WHEREAS, Section 11-60-2 of the Illinois Municipal Code (65 ILCS 5/11-60-2) empowers the corporate authorities of each municipality to define, prevent, and abate nuisances; and, WHEREAS, Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-102) obligates the City to “exercise ordinary care to maintain public property in a reasonably safe condition.” Bubb v. Springfield Sch. Dist. 186, 167 Ill. 2d 372, 377 (1995) (citing 745 ILCS 10/3-102); and, WHEREAS, the Local Governmental and Governmental Employees Tort Immunity Act generally immunizes municipalities from damages claims where the public property was not used in the manner intended and permitted by the municipality. See Wojdyla v. City of Park Ridge, 148 Ill. 2d 417, 421–22 (1992) (quoting 745 ILCS 10/3-102(a)) (“Thus, for a pedestrian to be protected in the present circumstances by the statute, he must be an intended and permitted user of the property under the control of the city.”); and, WHEREAS, in City of Grants Pass, Oregon v. Johnson, 603 U.S. 520, 144 S. Ct. 2202 (2024), the United States Supreme Court held that the criminalization of “public camping”, as defined in the City of Grants Pass’s ordinance, did not unconstitutionally infringe on the Eighth Amendment rights of homeless and otherwise unhoused persons within said City; and, WHEREAS, in Johnson, the United States Supreme Court acknowledged that homelessness is a “complex and serious social issue” whose “causes are many” and which “cries out for effective responses” to combat it. Johnson, 603 U.S. 520, slip op. at 10, 34; and, WHEREAS, in Johnson, the United States Supreme Court relied heavily on the “stepwise” escalation of penalties in Grants Pass’s ordinance to uphold its constitutionality. Id. at 11, 16–17; and,  WHEREAS, in view of the foregoing, the City Council finds that it is appropriate, necessary, and in the best interests of the City and its residents, that the City implement a Public Camping Prohibition and related enforcement mechanisms, to address the myriad public concerns that public camping creates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CARBONDALE AS FOLLOWS: SECTION ONE. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. SECTION TWO. Public Camping, as the term is defined herein, is hereby declared to be a nuisance within the City for the reasons identified above. SECTION THREE. In an effort to address the public health concerns identified above, the City Council hereby declares it necessary or expedient for the promotion of health or the suppression of diseases, to regulate Public Camping, as that term is defined herein, within the City’s corporate limits. SECTION FOUR. Except for those parcels of property specifically designated by the City in any subsequent ordinance, the City hereby declares that none of its property is permitted nor intended to be used for Public Camping, as the term is defined herein. SECTION FIVE. The Carbondale City Council finds that it is in the best interests of the residents of the City of Carbondale to establish rules and regulations concerning the use of public property for camping as set out in Exhibit “A”, attached hereto and incorporated herein.  SECTION SIX. That repeal of any ordinance by this Ordinance shall not affect any rights accrued or liability incurred under said repealed ordinance to the effective date hereof. The provisions of this Ordinance insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of said prior ordinances. SECTION SEVEN. That all ordinances and parts thereof in conflict herewith are expressly repealed and are of no other force and effect. SECTION EIGHT. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. SECTION NINE. The headings/captions identifying the various sections and subsections of this Ordinance are for reference only and do not define, modify, expand or limit any of the terms or provisions of the Ordinance. SECTION TEN. That the City Council of the City of Carbondale finds that the subject matter of this Ordinance pertains to the government and affairs of the City of Carbondale and is passed pursuant to authorities granted it by State statutes and the Home Rule powers of the City of Carbondale pursuant to the provisions of Article VII, Section 6(a) of the Illinois Constitution.  SECTION ELEVEN. That this Ordinance shall take effect upon its passage, approval, recording, and publication in pamphlet form in accordance with law. APPROVED: Carolin Harvey, Mayor ATTEST: Jennifer R. Sorrell, City Clerk EXHIBIT “A” CHAPTER 15 PROHIBITION ON CAMPING ON PUBLIC PROPERTY 17-15-1: Definitions The following definitions apply to this Ordinance: BEDDING: means a sleeping bag, or any other material, used for bedding purposes. CAMPSITE: means any physical space that is not within an established structure, where Bedding or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack or any other structure, or any vehicle or part thereof. EXEMPT PERSONAL PROPERTY: means items which would otherwise constitute Personal Property under the terms of this Ordinance, but which (i) has no apparent utility or monetary value, (ii) Personal Property which is unsanitary to store or otherwise maintain, (iii) any weapon possessed illegally, (iv) drug paraphernalia, (v) items appearing to be stolen or otherwise appearing to be evidence of a crime, (vi) items which the person cannot demonstrate the requisite lawful authority to possess, and (vii) any items of food which can reasonably be expected to spoil or otherwise perish within the next 30 days. PERSONAL PROPERTY: means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value, except for Exempt Personal Property. PUBLIC CAMPING: means to cause or participate in the establishment of, or the act of remaining in or at, a Campsite. 17-15-2: Public Camping Prohibited A. No person may sleep, nor otherwise engage in Public Camping, on a public sidewalk, street, alley, lane, other public right-of-way, park, bench, or any  other publicly-owned property, nor on or under any bridge or viaduct, at any time. B. No person may sleep, nor otherwise engage in Public Camping, in any pedestrian or vehicular entrance to public or private property abutting a public right-of-way. C. No person may sleep, nor otherwise engage in Public Camping, on any real property owned or otherwise maintained by the City. D. No person may park a vehicle overnight within the City for the purpose of sleeping or otherwise engaging in Public Camping in said vehicle. E. For the purposes of this section, the act of parking or leaving a vehicle parked for two consecutive hours, and/or remaining within a public vehicle on any property under the jurisdiction of the City for the purpose of Public Camping, for two consecutive hours without permission from the City Manager, between the hours of midnight and 6:00 a.m., shall be considered a violation of this Ordinance. 17-15-3: Exceptions to Prohibition Notwithstanding the foregoing, it shall not be a violation to engage in Public Camping when done in accordance with the following: (i) in a manner specifically authorized by this Code, (ii) after a formal declaration of the City in emergency circumstances, or (iii) upon resolution of the City Council. The City Council may exempt a special event from the prohibitions of this section, if the City Council finds such exemption to be in the public interest and consistent with the goals and objectives of the City Council, and with such conditions imposed as the City Council deems necessary. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of the activities of the applicant. Any findings by the City Council shall specify the exact dates and location covered by the exemption. 17-15-4: Removal of Campsite Removal of a Campsite in violation of this Ordinance may occur under the following circumstances: A. Prior to removing a Campsite, the City shall post a notice, 48-hours in advance of the removal, unless immediate removal of the Campsite is deemed to be necessary for one of the reasons in subparagraphs 1-4, below. If such immediate removal is undertaken, the basis for causing the immediate removal of such Campsite should be adequately documented by the appropriate person(s).  1. immediate removal of the Campsite is necessary to maintain access to a property; 2. immediate removal of the Campsite is necessary to maintain the sanitary condition of a property; 3. immediate removal of the Campsite is necessary because the Campsite is an obstruction to any public right-of-way; or, 4. immediate removal of the Campsite is necessary because the Campsite poses a risk to the health and safety of the City and its residents. B. Upon any action taken pursuant to Section A, above, the person causing such action to be taken shall inform an appropriate agency delivering social services to homeless individuals in the City, of the location of the Campsite and the persons found to be in violation of this Ordinance, so said agency may determine whether or not it would be appropriate to offer its services to those persons. C. If a 48-hour notice has been posted, and the 48-hour notice period has passed, then the Campsite, as well as all Personal Property thereon, shall be removed by the appropriate person(s) acting on behalf of the City. D. No portion of this Section shall be construed to prohibit any person found to be engaging in Public Camping from removing their Personal Property from the Campsite; however, such Personal Property that constitutes Exempt Personal Property and which a reasonably prudent law enforcement officer, exercising the applicable constitutional standard, would conclude that said Exempt Personal Property constitutes items appearing to be stolen or otherwise appearing to be evidence of a crime, and/or items which the person cannot demonstrate the requisite lawful authority to possess, may be retained and stored as evidence. 17-15-5: Disposition and Release of Personal Property A. All Personal Property removed from any Campsite which is not Exempt Personal Property shall be stored by the appropriate law enforcement agency of the City, for a minimum of 30 days, during which time it shall be reasonably available for and released to an individual confirming ownership. B. All Exempt Personal Property may be disposed of or retained as evidence by the appropriate law enforcement agency of the City. C. Any Personal Property identified as lawfully prescribed medication shall be returned to the owner within a reasonable time period. 17-15-6:. Penalty; Mitigation A. The penalty for any person’s first violation of this Ordinance within a rolling twenty-four (24) month period shall be $25. B. The penalty for any person’s second violation of this Ordinance within a rolling twenty-four (24) month period shall be $50. C. The penalty for any person’s third violation of this Ordinance within a rolling twenty-four (24) month period shall be $75. D. The penalty for any person’s fourth violation of this Ordinance within a rolling twenty-four (24) month period shall be $100. E. The penalty for any person’s fifth violation of this Ordinance within a rolling twenty-four (24) month period shall be $200. F. The penalty for any person’s sixth or subsequent violation of this Ordinance within a rolling twenty-four (24) month period may be a monetary penalty of $750. G. As a substitute for any monetary penalty assessed pursuant to paragraphs A–F, above, and if consented to by the City, the penalty assessed to any person found in violation of this Ordinance may be that said person must engage in public service by cleaning the rights-of-way and other public facilities of the City for an amount of time that, if the person found to have violated this Ordinance was being paid the minimum wage under Illinois law, the amount paid for that person’s labors would have been equal to the monetary penalty assessed under this Ordinance. H. The City is hereby empowered to exercise all powers afforded to it, at law or in equity, to collect any fines assessed against a person pursuant to this Ordinance, including but not limited to seeking incarceration of said person for a period of time that conforms with Section 1-2-9 of the Illinois Municipal Code (65 ILCS 5/1-2-9). I. In the imposition of any penalty pursuant to this Section, the penalty shall be mitigated by whether or not the person immediately removed all Personal Property and litter, including but not limited to bottles, cans, and garbage, from the Campsite after the person was informed that the person was in violation of this Ordinance. J. A separate offense of this Ordinance shall be deemed committed on each day on which a violation occurs or continues. K. In addition to any other remedy provided by law or this Ordinance, any person found in violation of this section may be immediately removed from the premises where the Campsite is located.