City Council Regular Meeting
Regular MeetingUrbana, IL · December 21, 2020
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
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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
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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.
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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
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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
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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.
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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).
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