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City Council Regular Meeting

Regular Meeting

Urbana, IL · November 2, 2020

AgendaMinutes

Minutes

COMMITTEE OF THE WHOLE MINUTES DATE: Monday, November 2, 2020 TIME: 7:00pm PLACE: *Held virtually due to Governor’s and Mayoral Emergency Declarations 400 S. Vine St., Urbana, IL 61801 The City Council Committee of The Whole of the City of Urbana, Illinois, met in regular session Monday, November 2, 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: None STAFF PRESENT: Tim Cowan, Sheila Dodd, Elizabeth Hannan, Wendy Hundley, Charles Lauss, Jason Liggett, Carol Mitten, James Simon OTHERS PRESENT VIA ZOOM: Allan Axelrod, Beau David Barber, Tracy Chong, Emily Conner, Amery Gardner, Christopher Hansen, John Kraft, Drake Materre, Rev. Dr. Evelyn B. Underwood Chair: Bill Brown, Ward 4 Prior to starting the meeting Chair Brown read a statement about the structure of the meeting for everyone attending via Zoom. 1. Call to Order and Roll Call With a quorum virtually present, Chair Bill Brown called the meeting of the Committee of the Whole to order at 7:00pm. 2. Approval of Minutes of Previous Meeting City Clerk Phyllis Clark said that no minutes were attached because they were not ready on Thursday when the packet went out, but they will be available for approval at the next Committee of the Whole meeting. 3. Additions to the Agenda There were none 4. Presentations and Public Input Public Input via Zoom The following people submitted public input via Zoom: Allan Axelrod, Beau D. Barber, Tracy Chong, Emily Carter, Emily Conner, Amery Gardner, Christopher Hansen, John Kraft, Drake Materre, and Rev. Dr. Evelyn B. Underwood. Some of the comments included: approval of the sixth gaming machine for the many local businesses, gratitude shown for Mayor and Council for writing a resolution on utility moratorium and for hand delivering it to the governor, encourage constituents to apply for Low Income Home Energy Assistance Program (LIHEAP), Freedom of Information (FOIA) continuous violations, the city has violated its own Civilian Police Review Board (CPRB) complaint process, rifle safety findings for officer Eric Ruff, CPRB meeting cancellation, appeals cancellation without reason, traffic violation by officers, officers need to be accountable in the same way as everyone else, stop police misconduct and hold officers accountable, did the city get a list of partners who own 1411 N. Lincoln prior to signing a contract, assist with homelessness by providing public benches, heaters at bus stops, perhaps a homeless shelter, coat drive, food, and other basic needs. Page 1 of 3 Public Input via Email The following people submitted public input via email: Edgar Garrett, Keith Rentschler, and Mike Thiessen. Some of the comments included: why is the proposed price so much higher than the assessed value for 1411 N. Lincoln Ave., what other properties were considered as alternatives, what is the overall cost difference between purchasing and building a new building vs. remodeling the existing structure, what will happened to the old building?, in favor of adding a sixth video gaming terminal (VGT), adding an additional machine will provide the opportunity for additional revenue for local businesses, adding a sixth machine will not solve the problem, but it will provide some assistance. 5. Staff Report Mayor Marlin made the following announcement:  Introduction of Public Works Interim Director Tim Cowan. Tim Cowan addressed committee and expressed his gratitude for the opportunity to serve the City of Urbana and its residents.  Addressed questions from the previous meeting about utility disconnection notices, hardship, and available resources from LIHEAP and other organizations.  Resolution passed by council declaring continued utility disconnections in Illinois to a pandemic safety risk was hand delivered to Governor J. B. Pritzker’s staff.  The resignation of Julie Laut, Ward 2 due to medical reasons. Applications are now available until November 30, 2020.  The extension of two emergency orders the temporary suspension of issuance of special events permits and continued guidelines concerning numbers of attendees, social distancing, and use of face covering at parties and other gatherings. Chair Brown asked for clarification about the Ameren services and repeated the number that residents who are experiencing hardship can call 1-800-755-5000. 6. Resolution No. 2020-11-055R: A Resolution Authorizing Acceptance of an Illinois Arts Council Agency (IACA) Grant for Urbana Arts & Culture Program Operating Support Arts & Culture Coordinator Rachel Storm presented this item with the recommendation for approval. She said that Urbana Arts and Culture programs was recently awarded a grant of $9,900 by the Illinois Arts Council Agency (IACA) to support general operations of the Arts Program for FY 2021. Additionally, she said that this funding is awarded to exceptional arts organizations with significant arts programming. After presentation and questions, CM Miller made a motion to approve Resolution No. 2020-11-055R as presented. Seconded by CM Wu and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nays: None 7. Ordinance No. 2020-11-058: An Ordinance Authorizing the Purchase of Certain Real Estate (1411 N. Lincoln Avenue) City Administrator Carol Mitten began the presentation by showing the property location, and providing some background information about the facilities condition assessment and its findings. During that time fire station two and three were identified as properties that needed to be replaced. The purchase of this property would allow the city the flexibility to build the new station without interrupted services. The assessed price was $200,000, the purchase price is $ 220,000, which $200,000 will be from CDBG funds because it is a city facility and the additional $20,000 will be from the capital funds that are allocated for city facilities purposes. After presentation, Administrator Mitten, Fire Chief Lauss, and Grants Manager Sheila Dodd addressed questions from emails received and from council members. Some of the questions addressed were as follows: public officer prohibited activities act, why was purchase price higher than Page 2 of 3 assessed value, were other locations considered, how old is the property, if the property is not used for city purposes, would the funding go back to the CDBG, what is the overall cost of building vs. remodeling, what demographic does the station serve. After discussion, CM Wu made a motion to send Ordinance No. 2020-11-058 to council with the recommendation for approval. Seconded by CM Colbrook and carried by roll call vote as follows: Ayes: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nays: None 8. Ordinance No. 2020-11-059: An Ordinance Amending City Code Chapter 3 (Increase in Number of Allowable Video Gaming Terminal Permits) Finance Director Elizabeth Hannan presented this item. She said that the State increased the allowed number of Video Gambling Terminal (VGT) at an establishment to six, effective in January 2020. However, the City did not make a change to add the additional machine, but at the request of many local businesses this was brought forth for consideration. This would allow businesses to increase revenue to offset the increased minimum wage and revenue losses related to the pandemic. After presentation, Mayor Marlin, Hannan, and Amery Gardner (Dotty’s) addressed questions from council members related to safety protocols. CM Roberts made a motion to send to council with the recommendation for approval. Seconded by CM Hursey. At 8:25pm CM Brown relinquished the chair to CM Roberts to join discussion. After further discussion, the motion was revised and moved without recommendation for approval and carried by roll call vote as follows: Ayes: Colbrook, Hursey, Miller, Roberts Nays: None Abstentions: Brown, Wu 9. Discussion – CPRB Ordinance Amendment City Administrator Carol Mitten began the conversation by giving an overview update of the most recent CPRB meetings, reminded council about the request made by board member Katrina Kindle about modifying the CPRB ordinance to allow people who viewed a video to make a complaint, which would be consider a first-hand account. A memo received from outside counsel would be sent to city council and CPRB board members. The outside counsel’s main focus was the CPRB ordinance language and the meaning of a first-hand account and how this differs from the collective bargaining agreement and requirements by the FOP (Fraternal Order of Police). Additionally, Mitten asked committee members for clarity and guidance in the process of creating tiers for CPRB complaints prior to presenting a draft ordinance. After presentation, discussion followed about the various aspects of the directions of process and definitions for each proposed tier. 10. Adjournment With no further business before the committee, Chair Brown adjourned the virtual meeting at 9:14pm. Wendy M. Hundley Deputy City Clerk This meeting was video recorded and is viewable on-demand. HERE Minutes approved: December 7, 2020 Page 3 of 3

Agenda

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Monday, November 2, 2020 TIME: 7:00 P.M. PLACE: *To be held virtually via Zoom, 400 S. Vine St., Urbana, IL 61801 AGENDA Chair: Bill Brown, Ward 4 1. Call to Order and Roll Call 2. Approval of Minutes of Previous Meeting 3. Additions to the Agenda 4. Public Input and Presentations a. Public Input 5. Staff Report 6. 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 7. Ordinance No. 2020-11-058: An Ordinance Authorizing the Purchase of Certain Real Estate (1411 N. Lincoln Avenue) – CD 8. Ordinance No. 2020-11-059: An Ordinance Amending City Code Chapter 3 (Increase in Number of Allowable Video Gaming Terminal Permits) – Mayor 9. Discussion – CPRB Ordinance Amendment 10. 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 2, 2020 07:00 PM Central Time (US and Canada) Topic: Urbana City Council's Committee of the Whole Please click the link below to join the webinar: https://us02web.zoom.us/j/86950025949 Or iPhone one-tap : US: +13126266799,,86950025949# or +19292056099,,86950025949# 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: 869 5002 5949 International numbers available: https://us02web.zoom.us/u/keqNHi6B2q 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. 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 384-2466.

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