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City Council Regular Meeting

Regular Meeting

Urbana, IL · March 1, 2021

AgendaMinutes

Minutes

COMMITTEE OF THE WHOLE MINUTES DATE: Monday, March 1, 2021 TIME: 7:00pm PLACE: *Held virtually due to Governor’s and Mayoral Emergency Declarations 400 South Vine Street, Urbana, IL 61801 The City Council Committee of The Whole of the City of Urbana, Illinois, met in regular session Monday, March 1, 2021, 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, Erik Sacks, Maryalice Wu ELECTED OFFICIALS ABSENT: None STAFF PRESENT: Shannon Beranek, Tim Cowan, Kevin Garcia, Elizabeth Hannan, Wendy Hundley, Jason Liggett, Charles Lauss, Carol Mitten, Lorrie Pearson, Andrea Ruedi, Bryant Seraphin, Scott Tess OTHERS PRESENT VIA ZOOM: Allan Axelrod, Liz Cardman, Tracy Chong, Rita Conerly, James Corbin, Josh Daly; Paul Debevec, Christopher Hansen, Justin Michael Hendrix, Drake Materre, Eddie Pratt Jr., Sarah Nixon, Pete Resnick; Will Thompson; Rev. Dr. Evelyn Underwood, Jacob Unzicker; Julie Watkins, Dave Wesner, Grace Wilken Chair: Bill Colbrook, Ward 6 1. Call to Order and Roll Call With a quorum virtually present, Chair Colbrook called the meeting of the Committee of the Whole to order at 7:00pm. 2. Approval of Minutes of Previous Meeting CM Wu made a motion to approve Minutes from February 1, 2021 and February 17, 2021. Seconded by CM Hursey and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 3. Additions to the Agenda There were none 4. Presentations and Public Input Public Input via Zoom included the following comments: Landlords cannot activate Covid funding; additional funding are needed for utility/rental assistance; in support of easement for solar project and the use of landfill; when is council going to talk about the use of force; the 2019 Taser incident was in violation of the Urbana Taser Policy; ongoing housing/food insecurities; fix current structures before approving new projects; apologize to Aleyah Lewis and drop the charges; council silence is perplexing; thanked CM Hursey for saying that Carle needs to do more to help get everyone vaccinated; why not a net zero building for 602 S. Lincoln Ave.; lack of transparency about police officer accountability with the new Human Rights Ordinance. There was no public input via email 5. Staff Report City Administrator Carol Mitten said that council training has been postponed to March 15, 2021. Chief of Police Bryant Seraphin informed that public that the police department is aware of the recent Page 1 of 5 vandalism and that it is working diligently to solve the case, encouraged the public to share videos with police. Mayor Marlin reported about the Emergency Rental Assistance program coming from the U. S. Treasury of $6.2M that will be administered by Regional Planning Commission. The program will assist with rental and past due utility bills. 6. Ordinance No. 2021-03-005: An Ordinance Approving an Amendment to a Solar Facility Ground Lease (Central) Sustainability and resiliency coordinator Scott Tess presented the following items in omnibus fashion: Ordinance No. 2021-03-005; Ordinance No. 2021-03-006, and Ordinance No. 2021-03-007. He said these ordinances will allow for slight modification to the easement for the solar and utility company to install electrical equipment related to the development. CM Miller made a motion to send Ordinance No. 2021-03-005 with recommendation for approval and to be placed on the consent agenda. CM Wu seconded and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 7. Ordinance No. 2021-03-006: An Ordinance Approving an Amendment to a Solar Facility Ground Lease (East) CM Roberts made a motion to send Ordinance No. 2021-03-006 and Ordinance No. 2021-03-007 with recommendation for approval and to be placed on the consent agenda. CM Miller seconded and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 8. Ordinance No. 2021-03-007: An Ordinance Approving an Easement with Ameren Illinois ***Voted in omnibus fashion under item 7**** 9. Resolution No. 2021-03-008R: A Resolution Authorizing a Federal Excess Equipment Cooperative Agreement with the Illinois Department of Natural Resources Fire Chief Charles Lauss presented this resolution with the recommendation for approval. This agreement will give the City access to excess equipment from the U.S. Department of Agriculture (USDA). He explained the process and the logistics of the program and equipment maintenance. After presentation, CM Roberts made a motion to send Resolution No. 2021-03-008R to council with recommendation for approval and to be placed on the consent agenda. CM Wu seconded and it carried by roll call as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 10. Resolution No. 2021-03-009R: A Resolution for Improvement Under the Illinois Highway Code (State Motor Fuel Tax for Lincoln and Springfield Resurfacing Project) Interim Public Works Director Tim Cowan presented this item with the recommendation for approval. He said that this project will be funded with State Motor Fuel Tax (SMFT). The amount allocated was not enough to cover the project cost and this resolution will allow for funds to be transferred from the FY 2021 SMFT Savannah Green Project. The second resolution was for resurfacing and sidewalk ramp reconstruction. Page 2 of 5 CM Wu made a motion to send Resolution No. 2021-03-009R to council with recommendation for approval and to be placed on the consent agenda. CM Hursey seconded the motion in omnibus fashion by adding Resolution No. 2021-03-010R, CM Wu concurred with the change. After discussion and questions the motion carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 11. Resolution No. 2021-03-010R: A Resolution for Improvement Under the Illinois Highway Code (State Motor Fuel Tax for Race Street Resurfacing Project) ***Voted in omnibus fashion under item 10**** 12. Ordinance No. 2020-12-070: An Ordinance Approving a Preliminary Development Plan for a Planned Unit Development (602 South Lincoln Avenue / CCH Development, LLC & CMH Development, LLC – Plan Case 2411-PUD-20) – [12/07/2020; 01/25/2021] Community Development Principal Planner Kevin Garcia presented this ordinance with the recommendation for approval. He began his presentation by addressing all of the proposed changes from CM Sacks and Wu and the recommendation from the Design Review Board(DRB). Garcia said that the DRB approved the design with the following seven condition:  The proposed building and parking area are in general compliance with the site plans, elevation, and architectural renderings  Accept another masonry material that is on the Lincoln-Busey corridor design guidelines approved materials list as an alternate to the stone masonry  Accept natural wood lap siding, shake, or shingles as an alternate to the engineered wood siding  Allow for the reduction of the area of the parking lot in any way to preserve trees, taking into consideration a reduction in parking spaces  That the proposed permeable pavement become permeable pavers, and may be extended to other areas of the parking lot to increase stormwater management and tree preservation  Allow solar panels to be installed on the rooftops  Canopy trees shall be added to the landscape plan of a diversity of tree species, looking at the replacement value for trees being removed from the site, in coordination with the City Arborist The applicant has revised their plans and committed to do the following:  Preserve all trees along Lincoln Avenue, and install new canopy trees on all three sides of the site;  Make all buildings solar ready, and to install solar panels if the State of Illinois enacts a new solar renewal energy credit program;  Install at least four electric vehicle charging stations and to make all parking spaces underneath the building to be Electric vehicle (EV) ready to ease the installation of future charging stations.  Make all building approximately 17 percent more energy efficient than it is currently required by the building code After presentation from staff, extensive discussion followed regarding the quality of stone, aesthetic design, wood vs. engineered wood siding, permeable pavers, canopy tree vs. ornamental trees, and color scheme. Design and Developer team members Josh Daly, Jacob Unzicker, and Will Thompson addressed questions from the council about the character and facade of the building. They explained that the chosen stone will give the building character with a quasi craftsman look very Midwestern and fitting to Urbana. Discussion ensued. At 9:46pm CM Colbrook relinquished the chair to CM Wu to join the conversation. He expressed his opinion and approval for the project and overall design. Page 3 of 5 CM Brown made a motion to send Ordinance No. 2020-12-070 and Ordinance No. 2020-12-071 to council with recommendation for approval. Seconded by CM Miller. Discussion ensued. After discussion, the motion to approve Ordinance No. 2020-12-070 and 2020-12-071 failed by roll call vote as follows: Ayes: Brown, Colbrook, Roberts Nays: Hursey, Miller, Sacks, Wu CM Hursey move to keep Ordinance No. 2020-12-070 and Ordinance No. 2020-12-071 in committee for further consideration. Seconded by CM Wu. Discussion followed. After additional discussion the motion was amended to keep in committee to address the following:  Alternative to the stone design  Have the opportunity to look at the materials  Reach out to the community for feedback  Canopy trees instead of ornamental trees on the north side  More permeable pavers Jacob Unzicker informed the committee that the developer did not wish to continue to another committee meeting. No further action was taken on this motion. At 10:27pm CM Miller made a motion to extend the meeting to 11:00pm. Seconded by CM Wu and carried by roll call vote as follow: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None After developer’s response and silent pause, CM Miller made a motion to send Ordinance No. 2020- 12-070 and Ordinance No. 2020-12-071 to council without recommendation for approval. Seconded by CM Roberts and carried by roll call as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts Nays: Sacks, Wu 13. Ordinance No. 2020-12-071: An Ordinance Approving a Final Development Plan for a Planned Unit Development (602 South Lincoln Avenue / CCH Development, LLC & CMH Development, LLC – Plan Case 2412-PUD-20) – [12/07/2020; 01/25/2021] ***Voted in omnibus fashion under item 12*** 14. Ordinance No. 2021-01-003: An Ordinance Amending Urbana City Code Chapter 12 (Human Rights Ordinance – Applicability to the City of Urbana) – [COW 01/19/2021; 02/17/2021] City Administrator Carol Mitten presented this item, she consolidated all feedback received and highlighted the changes made to the ordinance. CM Miller made a motion to send Ordinance No. 2021-01-003 to council with recommendation for approval. Discussion ensued. Pete Resnick was available to questions. After discussion, CM Miller made a motion to add the following amendments: under section 12.22 (g) add the word publicly after shall; the Human Rights and Equity Officer and a representative of the commission shall make a presentation of the outcome to the city council. Seconded by CM Roberts and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None Page 4 of 5 After discussion and amendments the final motion was to send Ordinance No. 2021-01-003 to council as amended with a recommendation for approval. Motion carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 15. Discussion – City of Urbana Use of Criminal Background Checks CM Miller made a motion to send this item to the next City Council meeting. Seconded by CM Wu and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 16. Council Input and Communications CM Miller reiterated that the work of the Human Rights and Human Relations Board as independent boards is not done, and it needs to be a goal of the board to work collaboratively moving forward to hold the City accountable. 17. Adjournment With no further business before the committee, Chair Colbrook adjourned the virtual meeting at 10:53pm. Wendy M. Hundley Deputy City Clerk This meeting was video recorded and is viewable on-demand HERE. Minutes approved: April 5, 2021 Page 5 of 5

Agenda

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Monday, March 1, 2021 TIME: 7:00 P.M. PLACE: *To be held virtually via Zoom, 400 South Vine Street, Urbana, IL 61801 AGENDA Chair: Bill Colbrook, Ward 6 1. Call to Order and Roll Call 2. Approval of Minutes of Previous Meeting a. February 1, 2021 b. February 17, 2021 (Rescheduled Meeting) 3. Additions to the Agenda 4. Public Input and Presentations 5. Staff Report 6. Ordinance No. 2021-03-005: An Ordinance Approving an Amendment to a Solar Facility Ground Lease (Central) – PW 7. Ordinance No. 2021-03-006: An Ordinance Approving an Amendment to a Solar Facility Ground Lease (East) – PW 8. Ordinance No. 2021-03-007: An Ordinance Approving an Easement with Ameren Illinois – PW 9. Resolution No. 2021-03-008R: A Resolution Authorizing a Federal Excess Equipment Cooperative Agreement with the Illinois Department of Natural Resources – UFD 10. Resolution No. 2021-03-009R: A Resolution for Improvement Under the Illinois Highway Code (State Motor Fuel Tax for Lincoln and Springfield Resurfacing Project) – PW 11. Resolution No. 2021-03-010R: A Resolution for Improvement Under the Illinois Highway Code (State Motor Fuel Tax for Race Street Resurfacing Project) – PW 12. Ordinance No. 2020-12-070: An Ordinance Approving a Preliminary Development Plan for a Planned Unit Development (602 South Lincoln Avenue / CCH Development, LLC & CMH Development, LLC – Plan Case 2411-PUD-20) – [12/07/2020; 01/25/2021] – CD 13. Ordinance No. 2020-12-071: An Ordinance Approving a Final Development Plan for a Planned Unit Development (602 South Lincoln Avenue / CCH Development, LLC & CMH Development, LLC – Plan Case 2412-PUD-20) – [12/07/2020; 01/25/2021] – CD 14. Ordinance No. 2021-01-003: An Ordinance Amending Urbana City Code Chapter 12 (Human Rights Ordinance – Applicability to the City of Urbana) – [COW 01/19/2021; 02/17/2021] – Exec 15. Discussion: City of Urbana Use of Criminal Background Checks 16. Council Input and Communications 17. Adjournment Page 1 of 4 *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: Mar 1, 2021 06:00 PM Central Time (US and Canada) Topic: Committee of the Whole Please click the link below to join the webinar: https://us02web.zoom.us/j/89621630924 Or iPhone one-tap : US: +13126266799,,89621630924# or +13017158592,,89621630924# 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: 896 2163 0924 International numbers available: https://us02web.zoom.us/u/kdr3DtKphU Page 2 of 4 PUBLIC INPUT 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. Page 3 of 4 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 public meeting, the presiding officer of the meeting shall have the authority to raise a point of order and 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. Any member of the public body participating in the meeting also may raise a point of order with the presiding officer and request that they provide a verbal warning to a speaker. 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. Page 4 of 4

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