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City Council Regular Meeting

Regular Meeting

Urbana, IL · December 21, 2020

AgendaMinutes

Minutes

URBANA COMMITTEE OF THE WHOLE MEETING MINUTES DATE: Monday, December 21, 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, December 21, 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, Erik Sacks, Maryalice Wu ELECTED OFFICIALS ABSENT: None STAFF PRESENT: Sanford Hess, Jason Liggett, Kay Meharry; Carol Mitten; Bryant Seraphin; David Wesner OTHERS PRESENT VIA ZOOM: Rick Beyers, Art Svymbersky; Public Comment via Zoom: Meghan McDonald; Christopher Hansen; Beau Barber; Tracy Chong; Wayne Williams; Allan Axelrod; Eddie Pratt, Jr., Rachel Conerly; Sarka Pelrickova; Lance Pittman; Deborah Liu; Lena Walker Chair: Jared Miller, Ward 7 1. Call to Order and Roll Call With a quorum virtually present, Chair Miller called the meeting of the Committee of the Whole to order at 7:49pm, following a Special City Council meeting. 2. Approval of Minutes of Previous Meeting A motion was made by CM Hursey to approve the minutes from the November 16, 2020 meeting. Motion seconded by CM Brown and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None 3. Additions to the Agenda There were none. 4. Presentations and Public Input a. Public Input via Zoom Comments via Zoom included: Public input for special city council meeting should have been about Ward 2 council seat, not issues on committee meeting agenda; Historic East Urbana residents concerned about Emulsicoat chemical emissions; concerns about One Door program and wonder if the steering committee for One Door is considered a public body, subject to the Open Meetings Act with recordings available to the public; city staff makes efforts avoid police accountability; Freedom of Information Act infraction committed by the City; Illinois American Water is disconnecting residents, Council and Mayor should pressure Illinois American Water to stop shutoffs; City recently lost a Freedom of Information Act lawsuit and blamed other agencies for loss of the lawsuit; the only traffic enforcement Urbana Police should do is enforcement for Driving Under the Influence (DUI); Emulsicoat is planning to move to an area in Ward 3, and should not move there unless it is far away from the historically Black residential area, otherwise it would be environmental racism; it is time to address implicit bias and racial disparity in traffic Page 1 of 4 stops; One Door program will be run by a faith-based institute and there is concern about support queer and trans community; Hay muchas latinas aquí en Champaign que no entienden el inglés, pueden poner programas para que ellas entiendan. Pongan programas para la gente latina. Yo he vivido aquí por más de 40 años y me da decepción que no hay gente que pueda ayudar a esta gente porque no hablan inglés, por favor no se olviden de nosotros, porque estamos pagando taxes aquí en Champaign: There are many Latinas here in Champaign who do not understand English. I have lived here more than 40 years and am disappointed there is no help for these people. Do not forget us because we pay taxes here in Champaign; City is violating its own Human Rights Ordinance by requiring background checks on job applications; will City apologize to Aleyah Lewis for violent arrest; council members should be visible on Zoom during meetings. b. Draft Traffic Stop Pilot Program Procedural Guidelines Police Chief Bryant Seraphin presented this item. He said the purpose of this program is to help eliminate racial disparity in traffic stops. He went over the guidelines which will help officers understand the expectations of the department. Guidelines include: • Traffic stop zones - Crime analyst will identify various zones by using traffic crash data, which will be analyzed on a quarterly basis to determine which zones will remain designated, or if other areas need to be included. • Maps - Will be shared in paper format and on the internal web. • Traffic stops outside of the zones - Stops may be made outside of the zone as long as it is made for a dangerous life-safety issue, such as driving after dark without lights on, driving through a stop sign without slowing down, driving under influence of drugs or alcohol, or driving through a red light. • Beyond Zone checkbox - any stops made outside the designated zone will be check marked by the officer and will have short have short narrative from officer as to the reason for the stop. • Suspicious vehicle stops vs IDOT traffic stops - Traffic stops are stops made for a violation of local traffic code, or local traffic violation. A suspicious vehicle stop can be made on a vehicle leaving the scene of a crime, like a shooting. Officers who stop vehicles for suspected crime must use the correct specific language on the police radio to denote the stop. • Pretextual stops - Pretextual stops are legal in Illinois and will only be made to further the investigation of felony crimes. For example if a vehicle with a headlight out matches the description of a vehicle leaving the scene of a shooting, and it also has a headlight out, an officer can stop that vehicle for a traffic code violation and which will allow him to further the investigation of the shooting. At 9:25pm Chair Miller relinquished the chair to CM Colbrook in order to join the discussion. At 9:35pm CM Colbrook returned the chair to Chair Miller. As discussion ensued, Chief Seraphin responded to questions and concerns from committee members. 5. Staff Report City Administrator Carol Mitten introduced Dave Wesner, with Evans, Froelich, Beth and Chamley, who will be providing supplemental help to the legal department. Mayor Marlin announced that about 500 doses of the Covid-19 vaccine were administered locally last week and more will be coming. The University of Illinois is coming close to rolling out a strategic Page 2 of 4 application of the saliva test to the community, which will be for essential workers, schools, and vulnerable communities. Mayor Marlin spoke about the One Door program and said she thought it had the most promise for the long term for the community and would take longer than thought to implement because it is very comprehensive and complex. The partners in this are Rosecrance, Carle Hospital and CU at Home, all of which are very important in the plan. She said there has been concern about CU at Home, and it is the alternative to jail or the emergency room and they would accept anyone in crisis. 6. Resolution No. 2020-12-069R: A Resolution Approving and Authorizing the Execution of a New Cable Franchise Agreement with Comcast of Illinois/Indiana/Ohio, LLC UPTV Manager Jason Liggett presented this resolution. This is a 10 year agreement and is a renewal of the cable franchise agreement with Comcast. It allows cable companies the use of right-of-way and allows the City the use of Public Education and Government (PEG) channels. He said the City collects a franchise fee and a PEG fee. He said included in the agreement is the option for a fifth public access channel, which would give the Champaign and Urbana the option to launch a fifth PEG channel for public access. He said there is also a change in the PEG capital fee rate, which will be .075%, down from the current 2% rate. This will amount to about $41,000 annually which will be spent on PEG capitol expenses. The City will provide Comcast with a detailed report of how the PEG fee is spent. Arthur Svymbersky, Comcast Manager, Government Affairs, IT Director Sanford Hess, and City Administrator Mitten responded to questions and concerns from committee members. CM Colbrook moved to send Resolution No. 2020-12-069R to council. Motion seconded by CM Wu and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None. 7. Discussion: Community health concerns regarding emissions at Emulsicoat plant Rick Beyers, Sales Manager with Emulsicoat was virtually present during public input and during the Emulsicoat discussion, and said Emulsicoat has been at its current location for 45 years. He said there are six to eight employees who have worked there for more than 40 years who have had no health issues. When Emulsicoat was established in its current location, it was a heavy industrial area, which is no longer the case. He said Emulsicoat is concerned with air quality, the health of its employees and residents. and has added numerous methods to trap odors and fumes. He agreed there are sometimes strong odors, as there were at a recent burn-off, and said there will be no further burn-offs at the current location. He said of all of the asphalt producing plants in the country, Emulsicoat has done more to capture fumes and odors than any of the other plants. Beyers said who would like to tour the plant is welcome to do so, and Emulsicoat will provide any toxicity reports requested by council members. He said any agency would also be welcome to run tests on the systems. The plant is in the process of moving production to a location on Saline Court. Permits had been issued by the City and construction has already begun there. He said Emulsicoat does studies and is constantly trying to improve the capture of emissions. At 10:29 CM Wu moved to extend the meeting to 11:00pm. Motion seconded by CM Hursey and carried by roll call vote as follows: Aye: Brown, Hursey, Miller, Roberts, Sacks, Wu Nay: Colbrook There was further discussion and Beyers answered questions and concerns from committee members. Page 3 of 4 8. Discussion: A resolution regarding the implementation of gender-inclusive language in official written communication by the City of Urbana Chair Miller said he had worked on the resolution for this item with former Council Member Julie Laut. He said changing language in City Code, ordinances and resolutions to be gender-inclusive or gender-neutral would probably take years to complete and felt it was necessary in order to be respectful to everyone. It was suggested to start by using gender-inclusive/neutral language in documents going forward and then to work on existing documents like City Code. Information regarding those terms and guidelines for using them can be found online at the United Nations gender inclusive language guide. Mayor Marlin asked to have a clear definition of the terms gender-inclusive and gender-neutral so the intent of the resolution is understood. It was suggested this item be included on the next Committee of the Whole meeting for further discussion. 9. Discussion: Addition of Council Input agenda item and reordering of the regular agenda With only a few minutes left for the meeting, Chair Miller asked for a motion and second to send this item to the next Committee of the Whole meeting. CM Roberts moved to send the addition of council input agenda item and reordering of the regular agenda to the next Committee of the Whole meeting. Motion seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None 12. Adjournment With no further business to come before the Committee, Chair Miller adjourned the meeting at 11:00pm. Kay Meharry Assistant City Clerk This meeting was recorded and is viewable on-demand. Minutes Approved: January 4, 2021 Page 4 of 4

Agenda

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING DATE: Monday, December 21, 2020 TIME: 7:00 P.M. PLACE: *To be held virtually via Zoom, 400 South Vine Street, Urbana, IL 61801 AGENDA Chair: Jared Miller, Ward 7 1. Call to Order and Roll Call 2. Approval of Minutes of Previous Meeting a. November 16, 2020 3. Additions to the Agenda 4. Public Input and Presentations a. Public Input b. Draft Traffic Stop Pilot Program Procedural Guidelines – UPD 5. Staff Report 6. Resolution No. 2020-12-069R: A Resolution Approving and Authorizing the Execution of a New Cable Franchise Agreement with Comcast of Illinois/Indiana/Ohio, LLC – IT 7. Discussion: Community Health Concerns Regarding Emissions at Emulsicoat Plant – CM Miller/Roberts 8. Discussion: A Resolution Regarding the Implementation of Gender-Inclusive Language in Official Written and Verbal Communication by the City of Urbana – CM Miller/Roberts 9. Discussion: Addition of Council Input Agenda Item and Reordering of the Regular Agenda – CM Miller/Roberts 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: Dec 21, 2020 06:30 PM Central Time (US and Canada) Topic: Cunningham Township Board/Urbana City Council's Committee of the Whole Please click the link below to join the webinar: https://us02web.zoom.us/j/84898203603 Or iPhone one-tap : US: +13126266799,,84898203603# or +19292056099,,84898203603# 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 Page 1 of 3 Webinar ID: 848 9820 3603 International numbers available: https://us02web.zoom.us/u/kezJaDyFFl 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. Page 2 of 3 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 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). Page 3 of 3

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