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City Council Regular Meeting

Regular Meeting

Urbana, IL · April 12, 2021

AgendaMinutes

Minutes

URBANA CITY COUNCIL MEETING MINUTES DATE: Monday, April 12, 2021 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, April 12, 2021, 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, Erik Sacks, Maryalice Wu ELECTED OFFICIALS ABSENT: None STAFF PRESENT VIRTUALLY: Wendy Hundley, Jason Liggett, Carol Mitten, Lorrie Pearson, Marcus Ricci, Bryant Seraphin, Katherine Trotter, Dave Wesner OTHERS PRESENT VIA ZOOM: Anthony Allegretti, Allan Max Axelrod, Norman Baxley, Tracy Chong, Scott Dossett, Christopher Hansen, Monica Huang, Emily Klose, Brandi McCoy, Sarah Nixon, Eddie Pratt Jr., 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 7:19pm, following a Cunningham Township Board meeting. B. APPROVAL OF MINUTES OF PREVIOUS MEETING CM Miller made a motion to approve minutes from the March 8, 2021, March 22, 2021, and April 5, 2021 (Public Hearing), seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None C. PRESENTATIONS AND PUBLIC INPUT 1. Elimination of CPRB Membership Restriction Based on Felony Conviction – CPRB Members Dossett and Allegretti Mayor Marlin relinquished the chair to Mayor Pro-tem Dennis Roberts, while she stepped away to sign some documents. Civilian Police Review Board (CPRB) Member Anthony Allegretti began by saying that the CPRB members are asking the ordinance language about felony conviction or plea be eliminated from Section 19-22 (c) that reads as follows: “No person with a criminal felony conviction or plea shall be eligible to serve on the CPRB”. Scott Dossett joined the conversation and added that this is the first step of many changes that need to happen in the Ordinance, at this time the board is only recommending the removal of the mentioned section. After the presentation, Allegretti and Dossett addressed questions from council. 2. Public input via zoom comments included: in support of removing language from the CPRB ordinance about felony convictions; people affected by injustice should be encourage on the board due to their experience with the legal system; remove background checks; not in support of Page 1 of 5 having law enforcement on the CPRB; no one addressed the retaliation by City Administrator Mitten when she published personal information about a resident’s complaint; ongoing Open Meeting Act violations by city staff; disappointment by City attorney’s dishonest legal advice just to support the restrictions Mayor Marlin wanted during public input; be unbiased when it comes to addressing police brutality; ongoing utility shutoffs concerns; in support of Resolution No. 2021- 04-017R; do better and stop making excuses; Mayor cannot stop council from speaking about any topic; in support of Montessori school location; scholarship to minority and single parents to attend Montessori should be encouraged by the city; concerns about Request for Proposals (RFP) transparency process; having a contract with the Fraternal Order of Police(FOP) cannot negate or violate the city’s human rights ordinance; strike section 2(b) that reads: no city employee may be appointed to the board, nor shall any member be a current employee of, contracted by or have any official affiliation, whether current or former, with a federal, state, or local law enforcement agency; to eliminate any type of discrimination. Mayor Marlin said legal counsel advised them not to comment on alleged violations of the Open Meetings Act as it is the subject of ongoing litigation, and they do not discuss ongoing litigation. No Public Input received via email. D. COUNCIL INPUT AND COMMUNICATIONS CM Miller said that CPRB reminded council that selection of member should not be based on their felony conviction. CM Hursey agreed with Christopher Hansen that someone’s affiliation should not be grounds for disqualification to serve on the CPRB. E. ADDITIONS TO THE AGENDA There were none. F. UNFINISHED BUSINESS There was none G. REPORTS OF STANDING COMMITTEES Committee Of The Whole – (Council Member Maryalice Wu) 1. CONSENT AGENDA All matters listed under the CONSENT AGENDA are considered to be routine and non-controversial by the City Council and will be enacted by one motion and roll call vote. There will be no individual discussion of these items. If discussion is desired by the Mayor, Council members, or a member of the public, the item will be removed from the Consent Agenda and discussed immediately after approval of the remaining items in the Consent Agenda 2. CONSENT AGENDA a. Resolution No. 2021-04-015R: A Resolution Approving the Transfer of Volume Cap in Connection with Private Activity Bond Issues, Single-Family Mortgage Revenue Bonds, and Related Matters (Private Bond Cap Allocation – Assist Programs, Series 2021) b. Resolution No. 2021-04-016R: A Resolution Approving the Transfer of Volume Cap in Connection with Private Activity Bond Issues, Single-Family Mortgage Revenue Bonds, and Related Matters (Private Bond Cap Allocation – IHDA, Series 2021) CM Wu made a motion to approve the consent agenda in omnibus fashion as forwarded from committee. Seconded by CM Miller and carried by roll call vote as follows: Page 2 of 5 Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None 3. REGULAR AGENDA a. Ordinance No. 2021-04-013: An Ordinance Approving a Special Use Permit (121 Goose Alley / Plan Case 2416-SU-21 – Norman Baxley / Montessori School of Champaign-Urbana) CM Wu made a motion to approve Ordinance No. 2021-04-013 as forwarded from committee. Seconded by CM Roberts. Additional discussion followed. City Staff addressed questions from council about parking issues and resolutions. CM Roberts read the conditions from the ordinance. Monica Huang and Norman Baxley were available for questions. After discussion, CM Roberts made a motion to amend the ordinance to eliminate additional parking spaces. Seconded by CM Colbrook. Upon additional discussion, Community Development Lorrie Pearson suggested the following language as a compromise: “If, upon operation, it is determined by the City Engineer that the school’s pick-up/drop-off plan creates safety or traffic issue, the Zoning Administrator may require the school to alter its pick-up/drop- off plan to mitigate the issues.to drop the requirement of additional spaces and leave at three.” CM Roberts and Colbrook concurred with suggested language. The motion to amend Ordinance No. 2021-04-013 carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None After amendment, the motion to approve Ordinance No. 2021-04-013 as amended was approved by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None b. Ordinance No. 2021-04-014: An Ordinance Amending City Code Chapter 2, Section 2-5, Electronic Virtual Public Meetings (Public Input During Virtual Meetings) CM Wu made a motion to approve Ordinance No. 2021-04-014 as forwarded from committee. Seconded by CM Miller and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nays: None c. Resolution No. 2021-04-017R: A Resolution Declaring Continued Utility Disconnections in Illinois to be a Pandemic Safety Risk CM Wu made a motion to approve Ordinance No. 2021-04-014 as forwarded from committee. Seconded by CM Miller. Discussion followed. After discussion, CM Roberts made a motion to amend section 5 to read as follows: That the City of Urbana calls on the Illinois Governor to enact a 30 day mandatory moratorium on utility disconnections for non-payment. The moratorium should be without means-testing. Seconded by CM Wu and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None Page 3 of 5 Final motion was to approve Resolution No. 2021-04-017R as amended. The motion carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None H. REPORTS OF SPECIAL COMMITTEES There were none I. REPORTS OF OFFICERS Police Chief Bryant Seraphin gave updates about recent shootings that occurred in Urbana over the weekend. He addressed questions from council. The number to call with any tips or leads were given as follows: 217-384-2320 or 217-373-TIPS (8477). Mayor Marlin said that gun violence has become an issue nationwide and should be handled by the community. She thanked city staff who volunteered Saturday to help with the building project for Habitat for Humanity, sponsored by Savoy United Methodist Church. J. NEW BUSINESS 1. Resolution No. 2021-04-018R: A Resolution of Protest against a Proposed Zoning Map Amendment to the Champaign County Zoning Ordinance (3804 Cunningham Ave. / CCZBA-002- AM-21) Planner Katherine Trotter Resolution No. 2021-04-018R with recommendation to defeat. The petitioners Ryan and Amanda Donaldson submitted a petition to the Champaign County Department of Planning and Zoning (CCDPZ) to amend the zoning map for 3804 Cunningham Avenue from the AG-2 Agriculture Zoning District to the B-4 General Business Zoning District, to allow them to construct two buildings on the property. First building will house the Illini Fire Services, LLC and the second building will have an office and warehouse space for another constructions space. Discussion ensued. City Council were given the following options: a request to amend the zoning map for 3804 Cunningham Avenue from AG-2 Agriculture to B-4 General Business, to allow the applicants to establish and operate the Illini Fire Services, LLC:  Vote ‘Yes” to protest and to require a super-majority vote at the County Board to rezone the property  Vote “No” to not protest and to require a simple majority vote at the County Board to rezone the property After presentation and discussion, CM Brown made a motion to approve Resolution No. 2021-04- 018R as directed per staff. CM Miller seconded and carried by roll call vote as follows: Aye: Sacks Nay: Brown, Colbrook, Hursey, Miller, Roberts, Wu K. ADJOURNMENT With no further business to come before the council, Mayor Marlin adjourned the virtual meeting at 9:18 p.m. Page 4 of 5 Wendy M. Hundley______ Deputy City Clerk This meeting was video recorded and is viewable on-demand. Minutes Approved: April 26, 2021 Page 5 of 5

Agenda

URBANA CITY COUNCIL MEETING DATE: Monday, April 12, 2021 TIME: 7:00pm PLACE: *to be held virtually via Zoom (400 South Vine Street, Urbana, IL 61801) AGENDA A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF MINUTES OF THE PROCEEDINGS OF REGULAR AND SPECIAL MEETINGS 1. March 8, 2021 2. March 22, 2021 3. April 5, 2021 (Public Hearing) C. *PRESENTATIONS AND PUBLIC INPUT 1. Elimination of CPRB Membership Restriction Based on Felony Conviction – CPRB Members Dossett and Allegretti 2. Public Input D. COUNCIL INPUT AND COMMUNICATIONS E. ADDITIONS TO THE AGENDA F. UNFINISHED BUSINESS G. REPORTS OF STANDING COMMITTEES Committee Of the Whole - (Council Member Maryalice Wu) All matters listed under the CONSENT AGENDA are considered to be routine and non- controversial by the City Council and will be enacted by one motion and roll call vote. There will be no individual discussion of these items. If discussion is desired by the Mayor, Council members, or a member of the public, the item will be removed from the Consent Agenda and discussed immediately after approval of the remaining items in the Consent Agenda 1. CONSENT AGENDA a. Resolution No. 2021-04-015R: A Resolution Approving the Transfer of Volume Cap in Connection with Private Activity Bond Issues, Single-Family Mortgage Revenue Bonds, and Related Matters (Private Bond Cap Allocation – Assist Programs, Series 2021) – CD b. Resolution No. 2021-04-016R: A Resolution Approving the Transfer of Volume Cap in Connection with Private Activity Bond Issues, Single-Family Mortgage Revenue Bonds, and Related Matters (Private Bond Cap Allocation – IHDA, Series 2021) – CD 2. REGULAR AGENDA a. Ordinance No. 2021-04-013: An Ordinance Approving a Special Use Permit (121 Goose Alley / Plan Case 2416-SU-21 – Norman Baxley / Montessori School of Champaign- Urbana) – CD b. Ordinance No. 2021-04-014: An Ordinance Amending City Code Chapter 2, Section 2-5, Electronic Virtual Public Meetings (Public Input During Virtual Meetings) – Exec Page 1 of 4 c. Resolution No. 2021-04-017R: A Resolution Declaring Continued Utility Disconnections in Illinois to be a Pandemic Safety Risk – CM Miller H. REPORTS OF SPECIAL COMMITTEES I. REPORTS OF OFFICERS J. NEW BUSINESS 1. Resolution No. 2021-04-018R: A Resolution of Protest Against a Proposed Zoning Map Amendment to the Champaign County Zoning Ordinance (3804 Cunningham Ave. / CCZBA- 002-AM-21) – CD K. 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: Apr 12, 2021 06:00 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/82821204057 Or One tap mobile : US: +13126266799,,82821204057# or +19292056099,,82821204057# 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 +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 828 2120 4057 International numbers available: https://us02web.zoom.us/u/kbCQpWuM6m 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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