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City Council Regular Meeting

Regular Meeting

Urbana, IL · November 9, 2020

AgendaMinutes

Minutes

URBANA CITY COUNCIL MEETING MINUTES DATE: Monday, November 9, 2020 TIME: 7:00 P.M. PLACE: *Held virtually due to Governor’s and Mayoral Emergency Declarations The City Council of the City of Urbana, Illinois, met in regular session Monday, November 9, 2020, at 7:00 p.m. via Zoom. Urbana City Council Chambers, 400 South Vine Street, Urbana, IL 61801 ELECTED OFFICIALS PHYSICALLY PRESENT: Diane Wolfe Marlin, Mayor; Phyllis D. Clark, City Clerk ELECTED OFFICIALS PRESENT VIA ZOOM: City Council Members (CM) Bill Brown, Bill Colbrook, Shirese Hursey, Jared Miller, Dennis Roberts, Maryalice Wu ELECTED OFFICIALS ABSENT: None, Vacant, Ward 2 STAFF PRESENT VIRTUALLY: Sheila Dodd, Wendy Hundley, Jason Liggett, Stepheny McMahon, Carol Mitten, Lorrie Pearson, Marcus Ricci, James Simon, Katherine Trotter OTHERS PRESENT VIA ZOOM: Allan Axelrod, Beau Barber, Melinda Carr, Tracy Chong, Christopher Hansen, John Kraft, Bob Kapolnek, Lena Walker, Grace Wilken A. CALL TO ORDER AND ROLL CALL There being a quorum virtually present, Mayor Marlin called the meeting of the Urbana City Council to order at 8:24pm following Cunningham Township Board meeting. B. APPROVAL OF MINUTES OF PREVIOUS MEETING CM Hursey made a motion to approve minutes from the October 12, 2020 and October 26, 2020. Motion seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None C. ADDITIONS TO THE AGENDA There was none D. PRESENTATIONS AND PUBLIC INPUT 1. Presentation – Housing and Utility Resources Community Development Grants Manager Sheila Dodd presented an overview of current benefits and resources available to Urbana residents. She encouraged Council Members to share the information provided with their constitutes. Some of the resources included: City of Urbana Housing Programs, utility assistance, Transitional Housing Program, RPC Housing Assistance, Cunningham Township Housing Assistance, and Low Income Home Energy Assistance Program (LIHEAP), and Immigrant Resources are provided by YMCA. After presentation Grants Manager Dodd addressed questions from council members. 2. Public Input Public input via zoom from the following people: Beau Barber, Allan Axelrod, Melinda Carr, Tracy Chong, Christopher Hansen, John Kraft, Aaron Umbarger, Lena Walker, Grace Wilken, Some of the comments included: utility moratorium action, LIHEAP assistance is not the solution, in opposition of additional gaming terminals, poor leadership, CPRB transparency issues, Ameren shut-off issues for Urbana residents, more resources utility shut-off, mirror Page 1 of 6 Champaign Emergency Order 12-39-26, are CURES monies being used to help residents, address blatant racism local systems, listen to the public, release public records when requested. Public Input via email from the following people: Christy, and Gary Taylor. Some of the comments included: in support of adding a sixth machine, a $5, 000,000 limit may be too restrictive if CURES funding is to help small businesses. E. UNFINISHED BUSINESS There was none F. REPORTS OF STANDING COMMITTEES Committee Of The Whole – (Council Member Bill Brown) 1. CONSENT AGENDA 2. REGULAR AGENDA a. Resolution No. 2020-11-055R: A Resolution Authorizing Acceptance of an Illinois Arts Council Agency (IACA) Grant for Urbana Arts & Culture Program Operating Support CM Brown made a motion to approve Resolution No. 2020-11-055R as forwarded from Committee. Seconded by CM Roberts and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None b. Ordinance No. 2020-11-058: An Ordinance Authorizing the Purchase of Certain Real Estate (1411 N. Lincoln Avenue) CM Brown made a motion to approve Ordinance No. 2020-11-058 as forwarded from Committee. Seconded by CM Colbrook, discussion followed. City Administrator Carol Mitten addressed concerns raised during public input at the Committee of the Whole about certain disclosure requirements related to section 3.1 of the Public Officer Prohibited Activities Act. She said that this requirement does not apply to Home Rule municipalities. After discussion and clarification from Administrator Mitten, the motion carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None c. Ordinance No. 2020-11-059: An Ordinance Amending City Code Chapter 3 (Increase in Number of Allowable Video Gaming Terminal Permits) CM Brown made a motion to approve Ordinance No. 2020-11-059. Seconded by CM Colbrook, discussion followed. Mayor Marlin reminded council that this is ordinance to allow one additional machine. After discussion and clarification, the motion carried by roll call vote as follows: Aye: Colbrook, Hursey, Miller, Roberts Nay: Brown Abstentions: Wu G. REPORTS OF SPECIAL COMMITTEES There were none Page 2 of 6 H. REPORTS OF OFFICERS Mayor Marlin invited the public to attend the upcoming listening session via Zoom regarding the Use of Force Policy, there will be three sessions one November 12, 2020 from 1:30pm – 3:30pm (geared towards young people); and an evening session from 5:30-7:30pm, and November 13, 2020 3-5pm. Information can be found at the City’s website home page at https://urbanaillinois.us/ I. NEW BUSINESS 1. Mayoral Appointment to Boards and Commissions a. The Urbana Free Library Board – term ending June 30, 2022 1. Gloria Yen 2. Mark Pelmore Mayor Marlin introduced the appointments of Gloria Yen and Mark Pelmore to the Urbana Free Library Board with the recommendation for approval. Library Director Celeste Choate addressed the board to express her gratitude for the many applications received, and said that Gloria Yen and Mark Pelmore will be great additions to the board. Gloria Yen also expressed her excitement for the opportunity to serve on the board. After introductions, CM Roberts made a motion to approve the appointments as presented. Seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 2. Ordinance No. 2020-11-060: An Ordinance Approving a Special Use Permit (1111 W. Kenyon Rd. / Plan Case 2404-SU-20 – VitalSkin Dermatology) Planner Marcus Ricci presented Ordinance No. 2020-11-060 and Ordinance No. 2020-11-061 with the recommendation for approval. Planner Ricci said that representatives from VitalSkin Dermatology were present to addressed questions or concerns from council. Planner Ricci gave background information about the site and surrounding properties, proposed use, requirements for a special use permit, and major variance. The major variance will reduce the minimum front yard from 15 feet to 1 foot, to allow for additional parking in front of the building. On September 24, 2020, the Plan Commission recommended approval for the Special Use permit, but recommended approval for the Major Variance with one condition, that the construction must be in general conformance with the attached site plan, entitled 1111 West Kenyon Road, dated August 25, 2020. After presentation, Community Development Director Lorrie Pearson, Planner Ricci, and VitalSkin Dermatology architect Bob Kapolnek addressed questions from council. Some of the concerns expressed were: traffic levels, type of services, and to have these type of items such as Special Use Permit and Major Variance should be presented at Committee to allow Council time to review the information. CM Roberts made a motion to approve Ordinance No. 2020-11-060 as presented. Seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 3. Ordinance No. 2020-11-061: An Ordinance Approving a Major Variance (1111 W. Kenyon Rd. / Case ZBA-2020-MAJ-06 – VitalSkin Dermatology) Planner Marcus Ricci presented Ordinance No. 2020-11-060 and Ordinance No. 2020-11-061 with the recommendation for approval. Page 3 of 6 CM Brown made a motion to approve Ordinance No. 2020-11-061 as presented. Seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Miller, Roberts, Wu Nay: Hursey At 10:29p.m. CM Miller made a motion to extend the meeting to 11:00p.m. Seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 4. Ordinance No. 2020-11-062: An Ordinance Approving a Major Variance (106 E. Pennsylvania Ave. / ZBA Case No. 2020-MAJ-05) Planner Katherine Trotter presented this ordinance. She said this is a request by Jane and Steve Amundsen, property owners at 106 East Pennsylvania Avenue to have a major variance for an air conditioning unit to encroach three feet into the required five feet for a side yard. Trotter said the house already encroaches into the side yard, so the air conditioning unit would be two feet from the property line. Jane Amundsen was present to answer questions from council members. CM Brown made a motion to approve Ordinance No. 2020-11-062 as presented. Seconded by CM Roberts and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 5. Resolution No. 2020-11-056R: A Resolution Approving an Amendment to the City of Urbana Consolidated Plan and Annual Action Plan FY 2020-2021 Grants Manager Sheila Dodd presented this resolution. She said $334,849 was allocated to the City from CDBG-CV3 to prevent, prepare, and respond to COVID-19. She said the funding will be used to address the needs of low and moderate income persons impacted by COVID-19 and staff is researching programs and infrastructure improvements to utilize this funding. Recommendations will be sent to council for future discussion and budget amendment. Dodd responded to questions and concerns from council members. CM Miller made a motion to approve Resolution No. 2020-11-056R. Seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 6. Resolution No. 2020-11-057R: A Resolution Accepting the Local CURES Economic Support Payments Grant Program (ES Program) Funding from the State of Illinois Community Development Director Lorrie Pearson began the presentation for this resolutions she said this grant has been applied for and have not been received but they are expecting notification at any moment. It is being presented at this time so when it is received, they can immediately act on it. Economic Development Coordinator Stepheny McMahon added this will be used to reimburse businesses for eligible costs incurred due to COVID-19. Businesses who meet the criteria can apply for up to $20,000 as an expense reimbursement for costs to update their commercial property to make it safer for employees and patrons. Priority will be given to the businesses hit hardest by the pandemic, like hospitality, restaurants, hotels, and retail. Pearson and McMahon responded to questions from council members. CM Miller suggested inserting “net revenue of $5,000,000” on page four of the City of Urbana Economic Support Grant Program Guidelines. Page 4 of 6 CM Wu made a motion to approve Resolution No. 2020-11-057R and to add “net revenue of $5,000,000” to the guidelines. Motion seconded by CM Roberts. After further discussion, the motion was revised to reduce the “net revenue from $5,000,000 to $2,000,000”. Motion carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 7. Discussion – Urbana Business Association (UBA) Mayor asked to move items 8 & 9 prior to the UBA discussion. CM Colbrook made a motion to accept the change. Seconded by CM Miller and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None Economic Development Coordinator Stepheny McMahon began the discussion by providing background information about the relationship between the City and the UBA. The UBA relies heavily on major events such as the sweetcorn festival, Boneyard Arts Festival, Urbana Arts Expo, CU Jazz Festival, and the CU Folks & Roots Festival, and Market in the Square to generate income. However, due to COVID-19 and its restrictions most of the events were restricted or cancelled forcing the UBA to make changes to the organization. In response, the City hired the UBA’s Executive Director Darius White to work within the City’s Economic Development Division to provide the support businesses need. UBA member Tina Stover addressed the board and said that they will be exploring other options to allow the organization to become self sufficient, Darius White will be working for the City and this will be the last agreement the City will have to sign with UBA, which will end December 31, 2020. The board will focus on becoming an asset to the City, local businesses, and the community. The UBA will be vacating the City’s property March 31, 2021. Additionally, McMahon said that staff is recommending a funding amount equal to $28,905.50 to be reimburse for eligible expenses through the end on this calendar year. The final consensus was to bring a resolution to council for approval. CM Roberts expressed his sentiments of disappointment that the City is not willing to support its own Business Association. In response, Mayor Marlin said that Darius White will be doing the many of the same things as he did at the UBA. 8. Ordinance No. 2020-11-063: An Ordinance Amending Ratification of Extension to Emergency Order No. 20-03 (Temporary Suspension of Issuance of Special Events Permits) At 10:57pm CM Wu made a motion to extend the meeting to 11:156pm. Seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Hursey, Miller, Roberts, Wu Nay: Colbrook Mayor Marlin presented Ordinance No. 2020-11-063 with the recommendation for approval. This ordinance will extend the time for temporary suspension of issuance of special events permits. CM Wu made a motion to approve Ordinance No. 2020-11-063. Seconded by CM Hursey. Discussion followed among council about adding an expiration date. CM Wu made a motion to amend Ordinance No. 2020-11-063 to include an expiration date of March 1, 2021. Seconded by CM Miller and carried by roll call vote as follows: Page 5 of 6 Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None After amendment, the final motion was to approve Ordinance No. 2020-11-063 as amended. Motion carried by roll call as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 9. Ordinance No. 2020-11-064: An Ordinance Amending Ratification of Extension to Emergency Order No. 20-09 (Continued guidelines concerning numbers of attendees, social distancing, and use of face coverings at parties and other gatherings) CM Roberts made a motion to approve this ordinance with the addition of the ending date of March 1, 2021. Motion seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None J. ADJOURNMENT With no further business to come before the council, Mayor Marlin adjourned the virtual meeting at 11:16 p.m. Wendy M. Hundley______ Deputy City Clerk This meeting was video recorded and is viewable on-demand. Minutes Approved: December 14, 2020 Page 6 of 6

Agenda

URBANA CITY COUNCIL MEETING DATE: Monday, November 9, 2020 TIME: 7:00pm PLACE: *to be held virtually via Zoom (400 S. Vine St., Urbana, IL 61801) AGENDA A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF MINUTES OF PREVIOUS MEETING 1. October 12, 2020 2. October 26, 2020 C. ADDITIONS TO THE AGENDA D. *PUBLIC INPUT AND PRESENTATIONS 1. Presentation – Housing and Utility Resources 2. Public Input E. UNFINISHED BUSINESS F. REPORTS OF STANDING COMMITTEES Committee Of The Whole – (Council Member Bill Brown) 1. CONSENT AGENDA 2. REGULAR AGENDA a. Resolution No. 2020-11-055R: A Resolution Authorizing Acceptance of an Illinois Arts Council Agency (IACA) Grant for Urbana Arts & Culture Program Operating Support – CD b. Ordinance No. 2020-11-058: An Ordinance Authorizing the Purchase of Certain Real Estate (1411 N. Lincoln Avenue) – CD c. Ordinance No. 2020-11-059: An Ordinance Amending City Code Chapter 3 (Increase in Number of Allowable Video Gaming Terminal Permits) – Mayor G. REPORTS OF SPECIAL COMMITTEES H. REPORTS OF OFFICERS I. NEW BUSINESS 1. Mayoral Appointment to Boards and Commissions a. The Urbana Free Library Board – term ending June 30, 2022 1. Gloria Yen 2. Mark Pelmore 2. Ordinance No. 2020-11-060: An Ordinance Approving a Special Use Permit (1111 W. Kenyon Rd. / Plan Case 2404-SU-20 – VitalSkin Dermatology) – CD 3. Ordinance No. 2020-11-061: An Ordinance Approving a Major Variance (1111 W. Kenyon Rd. / Case ZBA-2020-MAJ-06 – VitalSkin Dermatology) – CD 4. Ordinance No. 2020-11-062: An Ordinance Approving a Major Variance (106 E. Pennsylvania Ave. / ZBA Case No. 2020-MAJ-05) – CD 5. Resolution No. 2020-11-056R: A Resolution Approving an Amendment to the City of Urbana Consolidated Plan and Annual Action Plan FY 2020-2021 – CD 6. Resolution No. 2020-11-057R: A Resolution Accepting the Local CURES Economic Support Payments Grant Program (ES Program) Funding from the State of Illinois – CD 7. Discussion – Urbana Business Association 8. Ordinance No. 2020-11-063: An Ordinance Amending Ratification of Extension to Emergency Order No. 20-03 (Temporary Suspension of Issuance of Special Events Permits) – Mayor 9. Ordinance No. 2020-11-064: An Ordinance Amending Ratification of Extension to Emergency Order No. 20-09 (Continued guidelines concerning numbers of attendees, social distancing, and use of face coverings at parties and other gatherings) – Mayor J. 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. You are invited to a Zoom webinar. When: Nov 9, 2020 06:30 PM Central Time (US and Canada) Topic: Cunningham Township Board / Urbana City Council Please click the link below to join the webinar: https://us02web.zoom.us/j/83543110172 Or iPhone one-tap : US: +13126266799,,83543110172# or +13017158592,,83543110172# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 301 715 8592 or +1 929 205 6099 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 835 4311 0172 International numbers available: https://us02web.zoom.us/u/kd1HFFOKzT Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 217-384-2366. 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 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 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). Persons with disabilities needing special services or accommodations for this meeting should contact the City of Urbana's Americans with Disabilities Coordinator at 217-384-2366.

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