City Council Regular Meeting
Regular MeetingUrbana, IL · November 2, 2020
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.
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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
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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
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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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