City Council Regular Meeting
Regular MeetingUrbana, IL · October 19, 2020
Minutes
URBANA COMMITTEE OF THE
WHOLE MEETING MINUTES
DATE: Monday, October 19, 2020
TIME: 7:00 P.M.
PLACE: *Held virtually due to Governor’s and Mayoral Emergency Orders
The City Council Committee of the whole of the City of Urbana, Illinois, met in regular session Monday,
October 19, 2020, at 7:00pm via Zoom.
ELECTED OFFICIALS PHYSICALLY PRESENT: Diane Wolfe Marlin, Mayor; Phyllis D. Clark,
City Clerk
ELECTED OFFICIALS PRESENT VIA TELECONFERENCE: City Council Members (CM) Bill
Brown, Bill Colbrook, Shirese Hursey, Jared Miller, Dennis Roberts, Maryalice Wu
ELECTED OFFICIALS ABSENT: CM Julie Laut
STAFF PRESENT: Shannon Beranek; Curt Borman, Sanford Hess, Don Ho; Jason Liggett, Kay
Meharry; Carol Mitten; Lorrie Pearson; Lemond Peppers; Bryant Serphin; Lily Wilcock
OTHERS PRESENT VIA ZOOM: Allan Axelrod, Cynthia Hoyle, Carly McCrory-McKay; Public Input
via Zoom: Tracy Chong, Christopher Hansen, Justin Hendrix, Michael Kilcullen, John Kraft, Deborah Liu,
Drake Materre, Meghan McDonald, Ameena Payne, Eddie Pratt, Jr., Grace Wilken
Chair: Shirese Hursey, Ward 3
1. Call to Order and Roll Call
With a quorum virtually present, Chair Hursey called the meeting of the Committee of the Whole to
order at 7:00pm.
2. Approval of Minutes of Previous Meeting
CM Miller made a motion to approve the minutes from the October 5, 2020 meeting. Motion
seconded by CM Wu and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
3. Additions to the Agenda
Chair Hursey announced a change in the order of agenda items. She said item 12 would be moved to
be item 10, item 10 would be moved to be item 11 and item 11 would be moved to be item 12.
Motion made by CM Wu to accept the change in order of agenda items, seconded by CM Roberts and
carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
4. Presentations and Public Input
Public Input via Zoom
Comments via Zoom included: Council needs to rethink new public input rules, content based public
input violates Open Meetings Act, rifle issue in Hillard Heintze review not part of their report, in
support of resolution declaring utility disconnections a safety issue, concerned about homeless with no
real long-term solution for them, should have heaters at bus stops, in support of Vision Zero
resolution.
5. Staff Report
There was none.
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6. Resolution No. 2020-10-049R: A Resolution Setting as Official Policy the Vision Zero Goal of
Reducing Loss of Life or Serious Injury to Zero on Our Transportation System by 2030
CM Brown introduced this resolution. He said work on this had been presented to Council in January
or February, 2020. Council had recommended the Bicycle and Pedestrian Advisory Committee
(BPAC) present a resolution they could adopt as a step in making Urbana a Vision Zero community.
Cynthia Hoyle, a member of BPAC, was present, and said if Council passes this resolution and
commits to the program, it would allow BPAC to apply for grants. CM Brown said this policy has
been implement worldwide and several U.S. cities have adopted it. It was suggested that the language
in the resolution stating Vision Zero has been adopted in more than 30 U.S. cities be changed to more
than 40 U.S. cities. It was also suggested that wording be changed to more clearly define what the
expectations are.
After discussion, CM Brown moved to send Resolution No. 2020-10-049R to council with
recommendation for approval, with the recommended changes. Motion seconded by CM Wu and
carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller Roberts Wu
Nay: None
Lemond Peppers, Community Engagement Coordinator, introduced himself and said he was looking
forward to working with youth of promise and their families, and is excited to help reclaim Urbana’s
youth and neighborhoods.
7. Ordinance No. 2019-08-040: An Ordinance amending the Urbana Zoning Ordinance (Omnibus
Text Amendment II – Plan Case No. 2377-T-19)
Planner Lily Wilcock presented this ordinance. She told council members there were changes made to
this ordinance and Ordinance No. 2019-08-041 and copies of the ordinances with changes would be
provided for the council meeting on October 26. She and Community Development Director Lorrie
Pearson answered questions and concerns from council members.
After discussion, CM Miller made a motion to send Ordinance No. 2019-08-040 to council with
recommendation for approval. Motion seconded by CM Colbrook and carried by roll call vote as
follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
8. Ordinance No. 2019-08-041: An Ordinance Amending the Urbana Zoning Ordinance (Omnibus
Text Amendment III – Plan Case No. 2384-T-19)
CM Miller moved to send Ordinance No. 2019-08-041 to council with recommendation for approval.
Motion seconded by CM Wu and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
9. Resolution No. 2020-10-050: A Resolution Approving and Authorizing the Execution of an
Economic Development Agreement (Champaign County Economic Development Corporation, FY
2020-2021)
Economic Development Coordinator Stepheny McMahon presented this resolution. She said the
Champaign County Economic Development Corporation (EDC) is asking the City to contribute $28,
763, which represents 7% of the EDC budget.
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The EDC supports economic development in Champaign County. Some of the support has been
provided by the EDC in their operation of the Small Business Development Center (SBDC) and the
International Trade Center (ITC).
Carly McCrory-McKay, the Executive Director of the EDC, gave a PowerPoint presentation showing
the ways the EDC provides support to businesses in Champaign County. Business outreach is the
main focus of what they do, and they are constantly communicating with existing businesses and
reaching out to bring other businesses to the area.
Discussion ensued and EDC McMahon and Executive Director McCrory-McKay responded to
questions and concerns from council members.
CM Miller moved to send Resolution No. 2020-10-050R to council with recommendation for
approval. Motion seconded by CM Roberts and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
10. Ordinance No. 2020-10-057: An Ordinance Amending Certain Urbana City Code Sections (To
Reflect Changes in Laws Governing Cannabis and Cannabis Paraphernalia Use and Possession
City Administrator Carol Mitten introduced this ordinance, stating it is a series of amendments that
will conform Urbana City Code relating to cannabis and its associated paraphernalia to reflect the
current status of state law.
Assistant City Attorney Curt Borman and Police Chief Bryant Seraphin were present and responded
to questions concerning responsibilities of landlords concerning tenants and illegal substances,
transportation of cannabis and field sobriety tests for cannabis. Discussion ensued.
CM Miller made a motion to send Ordinance No. 2020-10-057 to council with recommendation for
approval. Motion seconded by CM Brown and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
11. Resolution No. 2020-10-051R: A Resolution Approving an Intergovernmental Agreement (Records
Management System)
City Administrator Carol Mitten presented this resolution. She explained the current system, Area-
wide Records Management System (ARMS) has been in use for 40 years and both the software and
hardware are near the end of life. The mainframe will be out of supported maintenance in 2022. The
system is being used by the Champaign Police Department, Champaign County Sheriff’s Office,
Urbana Police Department, University of Illinois Police and the Rantoul Police Department, and the
agreement will be between those entities.
Information Technology Director Sanford Hess and Police Chief Bryant Seraphin responded to
questions from council members.
CM Roberts moved to send Resolution No. 2020-10-051R to council with recommendation for
approval. Motion seconded by CM Brown and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
12. Ordinance No. 2020-10-056: An Ordinance Revising the Annual Budget Ordinance (Budget
Amendment #3 – Omnibus)
Senior Financial Analyst Don Ho presented this ordinance, saying most of the items are routine. Some
projects not finished in FY2020 were carried over to FY2021. Other updates to the budget include
grants, expenses for temporary employees, website updates and more.
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Discussion ensued and Financial Analyst Ho responded to questions from council members.
CM Wu moved to send Ordinance No. 2020-10-056 to council with recommendation for approval.
Motion seconded by CM Roberts and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
13. Resolution No. 2020-10-052R: A Resolution Declaring Continued Utility Disconnections in Illinois
to be a Pandemic Safety Risk
CM Miller, CM Roberts and Allan Axelrod drafted this resolution. CM Miller began the presentation
and said they took action because the governor’s office has taken no action to prevent utility shut-offs.
Allan Axelrod, campaign lead for #NoAmerenShutoffs, presented an overview of the pandemic
health emergency, governmental support, and utility company support. He said over 35,000
households in Illinois had their utilities shut off in September.. Axelrod discussed Low-Income Home
Energy Assistance Program (LIHEAP). Mayor Marlin said LIHEAP is administered by the Regional
Planning Commission.
At 10:15pm CM Wu moved to extend the meeting until 10:45pm. Motion seconded by CM Miller and
carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
Discussion ensued. CM Miller moved to send Resolution No. 2020-10-052R to council with
recommendation for approval. Motion seconded by CM Roberts.
There was discussion about Section 3 and Section 6. Section 3 repeats what is already stated elsewhere
in the document. The City does not operate a public utility, so legal authority over public utilities was
questioned.
CM Miller moved to remove Section 3 and reword Section 6 as follows, “The City of Urbana will
investigate all possible legal options available to prevent utility shut-offs or other resources available
and notify the City Council and City of Urbana residents of its findings”. Motion seconded by CM Wu
and carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
The motion to send Resolution No. 2020-10-052R to council with recommendation for approval was
carried by roll call vote as follows:
Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu
Nay: None
14. Adjournment
With no further business to come before the Committee, Chair Hursey adjourned the meeting at
10:39pm.
Kay Meharry
Assistant City Clerk
This meeting was recorded and is viewable on-demand.
Minutes Approved: November 16, 2020
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Agenda
CITY COUNCIL COMMITTEE OF THE
WHOLE MEETING
DATE: Monday, October 19, 2020
TIME: 7:00 P.M.
PLACE: *To be held virtually via Zoom, 400 S. Vine St., Urbana, IL 61801
AGENDA
Chair: Shirese Hursey, Ward 3
1. Call to Order and Roll Call
2. Approval of Minutes of Previous Meeting
a. October 5, 2020
3. Additions to the Agenda
4. Public Input and Presentations
5. Staff Report
6. Resolution No. 2020-10-049R: A Resolution Setting as Official Policy the Vision Zero Goal of
Reducing Loss of Life or Serious Injury to Zero on Our Transportation System by 2030 – CM
Brown
7. Ordinance No. 2019-08-040: An Ordinance Amending the Urbana Zoning Ordinance
(Omnibus Text Amendment II - Plan Case No. 2377-T-19) - CD
8. Ordinance No. 2019-08-041: An Ordinance Amending the Urbana Zoning Ordinance
(Omnibus Text Amendment III – Plan Case No. 2384-T-19) – CD
9. Resolution No. 2020-10-050R: A Resolution Approving and Authorizing the Execution of an
Economic Development Agreement (Champaign County Economic Development Corporation,
FY 2020-2021) - CD
10. Ordinance No. 2020-10-056: An Ordinance Revising The Annual Budget Ordinance (Budget
Amendment #3 – Omnibus) – Finance
11. Ordinance No. 2020-10-057: An Ordinance Amending Certain Urbana City Code Sections (To
Reflect Changes in Laws Governing Cannabis and Cannabis Paraphernalia Use and Possession -
Legal
12. Resolution No. 2020-10-051R: A Resolution Approving an Intergovernmental Agreement
(Records Management System) – UPD
13. Resolution No. 2020-10-052R: A Resolution Declaring Continued Utility Disconnections in
Illinois to be a Pandemic Safety Risk – CM Jared Miller, CM Dennis Roberts
14. Adjournment
*Due to the Governor Pritzker and Mayoral Emergency Covid-19 orders, the Urbana City Council
Chambers will be not be open to the public during this meeting. Council Members will meet remotely
using Zoom Webinar. You may watch the meeting on streaming services, or on Urbana Public
Television, or attend via Zoom.
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You are invited to a Zoom webinar.
When: Oct 19, 2020 06:45 PM Central Time (US and Canada)
Topic: Urbana City Council Committee of the Whole
Please click the link below to join the webinar:
https://us02web.zoom.us/j/85416107765
Or iPhone one-tap :
US: +13126266799,,85416107765# or +19292056099,,85416107765#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900
6833 or +1 253 215 8782
Webinar ID: 854 1610 7765
International numbers available: https://us02web.zoom.us/u/kdDI0HFUv0
PUBLIC INPUT GUIDELINES
The City of Urbana welcomes Public Input during open meetings of the City Council, the City Council’s
Committee of the Whole, City Boards and Commissions and other City-sponsored meetings. Our goal is
to foster respect for the meeting process, and respect for all people participating as members of the public
body, city staff, and general public. The City is required to conduct all business during public meetings.
The presiding officer is responsible for conducting those meetings in an orderly and efficient manner.
Public Input will be taken in the following ways:
Zoom Webinar Participant
Click on the link listed in the agenda to join the Webinar. You must provide your name and email address
in order to join the Webinar. If you wish to speak during Public Input, “raise your hand” and wait to be
called on by the meeting host. You must state your first and last name for the meeting record. Participants
will be muted except when they are called on to speak; video will remain off for all members of the public
when speaking.
Telephone Participant
Call the phone number listed on the Agenda. Enter the Webinar ID followed by the # key. All callers are
muted by default. If you wish to speak, “raise your hand” by pressing *9 once. When you are called on by
the host or presiding officer you will be un-muted. You must state your first name and last name for the
meeting record.
Email Input
Public comments must be received prior to the closing of the meeting record (at the time of adjournment
unless otherwise noted) at the following: citycouncil@urbanaillinois.us. The subject line of the email must
include the words “PUBLIC INPUT” and the meeting date. Your email will be sent to all City Council
members, the Mayor, City Administrator, and City Clerk. Emailed public comments labeled as such will
be incorporated into the public meeting record, with personal identifying information redacted. Copies of
emails will be posted after the meeting minutes have been approved.
Written Input
Any member of the public may submit their comments addressed to the members of the public body in
writing. If a person wishes their written comments to be included in the record of Public Input for the
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meeting, the writing should so state. Written comments must be received prior to the closing of the
meeting record (at the time of adjournment unless otherwise noted).
Verbal Input
Protocol for Public Input is one of respect for the process, and respect for others. Ridicule, obscene or
profane language, lack of respect for others, and personal attacks are not acceptable behavior. Public Input
shall not be used to air personal grievances. Speakers should address all comments to the public body as a
whole and not to individual members or City staff.
Public comment shall be limited to no more than four (4) minutes per person. The Public Input portion of
the meeting shall total no more than one (1) hour, unless otherwise shortened or extended by majority vote
of the public body members present. The presiding officer or the city clerk or their designee, shall monitor
each speaker's use of time and shall notify the speaker when the allotted time has expired. All public
comments should be addressed to the public body as a whole. A person may participate and provide Public
Input once during a meeting and may not cede time to another person, or split their time if Public Input is
held at two (2) or more different times during a meeting. The presiding officer may give priority to those
persons who indicate they wish to speak on an agenda item upon which a vote will be taken.
The presiding officer or public body members shall not enter into a dialogue with citizens. Questions from
the public body members shall be for clarification purposes only. Public Input shall not be used as a time
for problem solving or reacting to comments made but, rather, for hearing citizens for informational
purposes only.
Accommodation
If an accommodation is needed to participate in a City meeting, please contact the City Clerk’s
Office at least 48 hours in advance so that special arrangements can be made using one of the following
methods:
• Phone: 217.384.2366
• Email: CityClerk@urbanaillinois.us
*In order to maintain reasonable decorum at a meeting, the presiding officer or any member of the public
body may call a speaker “out of order”. The presiding officer of the meeting shall have the authority to
provide a verbal warning to a speaker who uses abusive, harassing, threatening, or defamatory language, or
who engages in disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of a
meeting. If the speaker refuses to cease such remarks or conduct after being warned by the presiding
officer, the presiding officer shall have the authority to mute the speaker’s microphone and/or video
presence at the meeting. The presiding officer will inform the speaker that they may send the remainder of
their remarks via email to the public body for inclusion in the meeting record.
*Definitions of Types of Language and Conduct That May Warrant Verbal Warning:
“Abusive” means harsh, violent, profane, or derogatory language which would demean the dignity
of an individual or which is intended to humiliate, mock, insult or belittle an individual.
https://www.lawinsider.com/dictionary/abusive-language
“Harassing” means to annoy or bother someone in a constant or repeated way; to make repeated
attacks on another person.
https://www.learnersdictionary.com/definition/harass
“Threatening” means to say that you will harm someone or do something unpleasant or
unwanted especially in order to make someone do what you want.
https://www.learnersdictionary.com/definition/threaten
“Defamatory” means a statement or communication that tends to harm a person's reputation by
subjecting the person to public contempt, disgrace, or ridicule, or by adversely affecting the
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person's business. A statement that is likely to lower that person in the estimation of reasonable
people and in particular to cause that person to be regarded with feelings of hatred, contempt,
ridicule, fear, or dislike.
Black's Law Dictionary (11th ed. 2019)
Citations that Authorize the Presiding Officer to Bar Offensive Language During Public
Comment:
The following citations provide the legal basis for adopting UCC Section 2-5(b)(1)(d) that allows the
presiding officer of a City Council, Committee of the Whole, or a City-sponsored board or commission
regulate “abusive, harassing, threatening, or defamatory language” during public comment. The following
Attorney General binding opinions and case law essentially classify abusive, “harassing, threatening and
defamatory language as “manner”, not “content”, of speech that can be reasonably regulated under the
First Amendment. UCC Section 2-5(c) (Ordinance No. 2020-09-049. Attorney General binding opinion
numbers 2019 PAC 59187, 2018 PAC 55462, 2016 PAC 45349; Milestone v. City of Monroe, Wisconsin, 665
F.3d 774, 783-784 (7th Cir. 2011); Vega v. Chicago Board of Education, 338 F.Supp.3d 806, 811 (N.D. Ill.
2018); Sandefur v. Vill. of Hanover Park, 862 F.Supp.2d 840, 847 (N.D. Ill. 2012); I.A. Rana Enterprises, Inc. v.
City of Aurora, 630 F.Supp.2d 912, 920-923 (D.C. N.D. 2009).
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