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City Council Regular Meeting

Regular Meeting

Urbana, IL · November 16, 2020

AgendaMinutes

Minutes

URBANA COMMITTEE OF THE WHOLE MEETING MINUTES DATE: Monday, November 16, 2020 TIME: 7:00 P.M. PLACE: *Held virtually due to Governor’s and Mayoral Emergency Orders The City Council Committee of the Whole of the City of Urbana, Illinois, met in regular session Monday, November 16, 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: STAFF PRESENT: Elizabeth Hannan; Melissa Hendrian; Jason Liggett, Kay Meharry; Carol Mitten; Lorrie Pearson; Bryant Serphin; James Simon; Justin Swinford; Scott Tess; Katherine Trotter OTHERS PRESENT VIA ZOOM: James Dobrovolny; Public Comment via Zoom: Stacy Gloss; Dottie Vura-Weis; Tracy Chong; Brian Dunn; Beau Barber; Grace Wilken; Allan Axelrod; Rev. Dr. Evelyn Underwood Chair: Dennis Roberts, Ward 5 1. Call to Order and Roll Call With a quorum virtually present, Chair Roberts 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 the minutes from the October 19, 2020 meeting. Motion seconded by CM Miller and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 3. Additions to the Agenda There were none. 4. Presentations and Public Input Public Input via Zoom Comments via Zoom included: support for resolution accepting Lumpkin Family Foundation grant for the study and planting of street trees; increase police training on de-escalation techniques; police review boards should have access to all complaints; there has been no meaningful review of the Aleyah Lewis arrest; there should be more oversight by CPRB, not less; community should do everything possible to keep people in warm houses with running water; too many disconnections by Ameren and Illinois American Water; racial discrepancies in policing need to be addressed; make a more of an effort to stop evictions, water and electric disconnections; in support of Durl Kruse’s resolution to improve equity in traffic stop practices and tactics. 5. Staff Report Mayor Marlin repeated the announcement that the Ward 2 City Council seat is vacant. applications can be found on the City website homepage and will be taken through November 30, 2020. Page 1 of 4 The mayor thanked everyone who took part in the three Use of Force listening sessions. She said comments can still be submitted by emailing useofforcepolicy@urbanaillinois.us until 5:00 Monday, November 23. Mayor Marlin spoke about the pandemic, saying the positivity rate has increased and hospitalizations have also increased. She said city services could be affected as the spread continues to increase. she stressed that people should not get together over the holidays because the spread increases in private homes when people gather. The mayor said the governor announced the eviction moratorium had been extended. There were changes made as of November 14 allowing landlords to file evictions unless the tenants give them a written declaration that states the tenant should be protected due to reasons related to Covid. She said the City is also looking into utility shut-offs and will speak to the City of Bloomington to see how they are dealing with it. Discussion ensued concerning utility shut-offs. City Attorney James Simon responded to questions during the discussion about the legal actions municipalities can take to stop utility shut-offs. 6. Resolution No. 2020-11-059R: A Resolution Estimating the Tax Levy (Fiscal Year 2020-2021) Finance Director Elizabeth Hannan presented this resolution. She began by going through property tax basics. She said the mayor recommends maintaining the current $1.3499 tax rate. The taxes levied by the City are levied for police pensions, firefighter pensions, library operations and corporate purposes. Hannan said the library tax levy is about 1% more than the current levy. Police and fire pensions total $3,262,658. This was based on the funding policy approved by City Council in May 2018 and the third year of a five year transition to bring police and fire pension funding to 100% in 20 years. Discussion ensued as Hannan responded to questions from council members. CM Miller moved to send Resolution No. 2020-11-059R to council with recommendation. Motion seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None. 7. Resolution No. 2020-11-060R: A Resolution Accepting a Grant from the Lumpkin Family Foundation to Study Street Trees and Plant Street Trees) Sustainability and Resilience Officer Scott Tess presented this resolution. He said the grant from the Lumpkin Family Foundation totals $37,000 and that amount would cover the cost of about 50 trees and a portion of the cost of personnel. Tess responded to questions from council members. After discussion, CM Wu moved to send Resolution No. 2020-11-060R to council with recommendation for approval. Motion seconded by CM Brown and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 8. Ordinance No. 2020-11-065: An Ordinance Amending the Urbana Zoning Map (702, 704, 706 & 708 West High Street and 309 South Coler Avenue / Plan Case no. 2410-M-20) Planner Katherine Trotter presented this ordinance. She said the property is in an area that is zoned for single and two-family residences, and the property owners would like to have the properties at 702, 704, 706 and 708 West High Street and 309 South Coler Avenue rezoned to medium high density multiple-family residential. Currently located on the properties are four rental homes, one of which has been converted into apartments. Page 2 of 4 After consideration, Plan Commission voted unanimously to forward this case to City Council with a recommendation to deny the request because it does not meet the rezoning criteria and does not align with the Comprehensive Plan. James Dobrovolny, one of the property owners, was present and said the requested rezoning would open the area up to more residential diversity, and would put people closer to their workplaces. He stated there is no plan at this time to develop the properties. Dobrovolny answered questions and concerns from council members, and discussion ensued. CM Wu made a motion to deny Ordinance No. 2020-11-065. Motion seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 9. Ordinance No. 2020-11-066: An Ordinance Approving a Right-of-Way License Agreement with the Champaign Urbana Mass Transit District Interim City Engineer Justin Swinford presented this ordinance. He said this is an agreement to enter into a right-of-way agreement with the Champaign-Urbana Mass Transit District (MTD) to construct and maintain an underground electric transmission line connecting a proposed solar power plant to a hydrogen fueling station in the City’s right-of-way at the MTD’s current location. The MTD will pay an annual fee of $967.20, which can be adjusted annually according to the Consumer Price Index. Discussion took place and Swinford responded to questions and concerns from council members. CM Brown made a motion to send Ordinance No. 2020-11-066 to council with recommendation for approval. Motion seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None 9. Ordinance No. 2020-11-067: An Ordinance Amending Urbana City Code Chapter Three, Section 3- 43 (Increasing number of Class R&T-1 liquor licenses for Baldarotta’s Porketta & Sicilian Sausage, 300 S. Broadway Ave., Urbana, IL) Mayor Marlin presented this ordinance. She said Baldarotta’s at Lincoln Square has no liquor license at this time and has requested an R&T-1 liquor license because they want to expand their business to another location in the food court. This would allow them to offer beer, wine, specialty drinks and in addition to the foods they already serve. CM Miller moved to send Ordinance No. 2020-11-067 to council with recommendation for approval. Motion seconded by CM Wu and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Wu Nay: None. 11. 2019 IDOT Traffic Stop Presentation and 2021 Pilot Program Mayor Marlin introduced this item and said it was a two part presentation, which included the 2019 Illinois Department of Transportation (IDOT) traffic stop report and the proposal for a pilot program that will change the approach to traffic stops by Urbana Police. Crime Analyst Melissa Hendrian presented a report containing information about traffic stops made in the last 10 years by Urbana Police Department. She said the preceding five years of data serve as a baseline and is compared to the most recent data by year to monitor substantial changes over time. To summarize the report, the disparity ratio has decreased, but still exists. Police Chief Bryant Seraphin presented the new concept in traffic stops to be adopted in 2021. He said after studying stops it became clear the system used for making stops was biased, not the Page 3 of 4 individual officers. The areas where many stops were made were the areas with more calls for service, some of which were more heavily populated with Black citizens. Urbana Police realized the disparity ratio disappeared while working Selective Traffic Enforcement Program (STEP) details. STEP details are more focused as far as area, and usually take place according to traffic data and is where the officer is on patrol. Regular patrol is less focused and produces more racial disparity in traffic stops. Based on the results of comparing regular patrol and STEP detail results, and finding racial disparity disappears during STEP, the Urbana Police Department will conduct traffic enforcement in areas determined by data based on traffic accidents. The STEP model will be used for all traffic stops as a pilot program for 2021. Dangerous driving behavior continues to be a concern and will be addressed in all parts of the city. Patrols will be assigned in areas predetermined by traffic accident data and officers may enforce traffic violations in those areas. The focus will be on dangerous driver behavior and driving that presents safety issues for the general public, like use of seatbelts, handheld cellphone use, speeding, etc. Discussion ensued and Chief Seraphin responded to questions and concerns from council members. 12. Adjournment With no further business to come before the Committee, Chair Roberts adjourned the meeting at 10:28pm. Kay Meharry Assistant City Clerk This meeting was recorded and is viewable on-demand. Minutes Approved: December 21, 2020 Page 4 of 4

Agenda

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Monday, November 16, 2020 TIME: 7:00 P.M. PLACE: *To be held virtually via Zoom, 400 S. Vine St., Urbana, IL 61801 AGENDA Chair: Dennis Roberts, Ward 5 1. Call to Order and Roll Call 2. Approval of Minutes of Previous Meeting a. October 19, 2020 3. Additions to the Agenda 4. Public Input and Presentations 5. Staff Report 6. Resolution No. 2020-11-059R: A Resolution Estimating the Tax Levy (Fiscal Year 2020- 2021) - Finance 7. Resolution No. 2020-11-060R: A Resolution Accepting a Grant from the Lumpkin Family Foundation to Study Street Trees and Plant Street Trees – PW 8. Ordinance No. 2020-11-065: An Ordinance Amending the Urbana Zoning Map (702, 704, 706 & 708 West High Street and 309 South Coler Avenue / Plan Case no. 2410-M-20) – CD 9. Ordinance No. 2020-11-066: An Ordinance Approving a Right-of-Way License Agreement with the Champaign-Urbana Mass Transit District - PW 10. Ordinance No. 2020-11-067: An Ordinance Amending Urbana City Code Chapter Three, Section 3-43 (Increasing number of Class R&T-1 liquor licenses for Baldarotta’s Porketta & Sicilian Sausage, 300 S. Broadway Ave., Urbana, IL) – Mayor 11. 2019 IDOT Traffic Stop Presentation and 2021 Pilot Program - UPD 12. 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 16, 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/85748980933 Or iPhone one-tap : US: +13126266799,,85748980933# or +19292056099,,85748980933# 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 +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 857 4898 0933 International numbers available: https://us02web.zoom.us/u/kc6GwVcKId Page 1 of 3 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 Page 2 of 3 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). Page 3 of 3

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