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City Council Regular Meeting

Regular Meeting

Urbana, IL · February 8, 2021

AgendaMinutes

Minutes

CITY COUNCIL MEETING MINUTES DATE: Monday, February 8, 2021 TIME: 7:00 P.M. PLACE: *Held virtually due to Governor’s and Mayoral Emergency Orders The City Council of the City of Urbana, Illinois, met in regular session Monday, February 8, 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: Jason Liggett, Kay Meharry; Carol Mitten; Lorrie Pearson; Andrea Ruedi, Bryant Seraphin; Lily Wilcock OTHERS PRESENT VIA ZOOM: Public Input via Zoom: Allan Max Axelrod; Benjamin Beaupre; Elderess Melinda Carr; Tracy Chong; Colin Dodson; Haki; Christopher Hansen; Justin Hendrix; John Kraft; Meghan McDonald; Rev. Dr. Evelyn Underwood A. Call to Order and Roll Call With a quorum virtually present, Mayor Marlin called the meeting of the City Council to order at 7:16pm, following a meeting of the Cunningham Township Board. B. Approval of Minutes of Previous Meeting CM Miller made a motion to approve the minutes from the January 25, 2021 meeting. Motion seconded by CM Colbrook and carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None C. Presentations and Public Input 1. Comprehensive Plan Website Go-Live Presentation Senior Advisor for Integrated Strategy Development Andrea Ruedi began the presentation by saying the City has launched its first community engagement tool, which is the ImagineUrbana.com website. Ruedi showed several videos on the website and said more segments will be added. Planner Lily Wilcock was present, and she and Ruedi responded to questions and concerns from council members. Public Input via Zoom Comments via Zoom included: sees some first steps in the Comprehensive Plan; resolution to end structural racism and achieve racial equity is a great start in publically declaring Urbana’s position and the people of Urbana must hold city officials responsible in staying true to the principles in the resolution; academic publishing inaccurate information and it should be retracted; Imagine Urbana log in and registration should not be required; Urbana Police Department has not apologized for Aleyah Lewis incident; City should admit its mistakes in regard to FOIA; support resolution for racial equity; collaborate across systems to end racial disparity; public input during the council and committee meetings is the only means the public has to voice concerns; concern about Emulsicoat applying for a lifetime operating permit at current location; concern about Emulsicoat moving to new location; Edgar County Watchdogs are not trying destroy local governments or install people into local governments; tired of input being reduced to a few concerns; organizations who help people should Page 1 of 4 be available to do that outside of office hours; resolution does not have any action and actual action should be added to it; new FOIA officer is practicing the same unlawful tactics as the former FOIA officer. Public input via email is attached. D. Council Input and Communications CM Hursey said the resolution committing to end structural racism, as a resolution has nothing actionable in it because resolutions do not include actions. The goal was to reach into the past in order to not repeat it and to have a better future. CM Wu told council she is working on a resolution that addresses police accountability and de- escalation. It should be on the agenda for the February 15 Committee of the Whole agenda. CM Brown said he will have a couple of presentations in the future from the Bicycle and Pedestrian Advisory Commission including and annual report and a recommendation on the Kickapoo Rail Trail study from 2018. There will be a new youth member position on the commission for high school youth, from age 14 to 17. CM Roberts commented on the Emulsicoat information, and said he spoke with Chris Pressnall, the Environmental Justice Officer with the Illinois Environmental Protection Agency (IEPA). Pressnall told him that lifetime permit does not necessarily mean it will be forever, but will be in effect until further notice or some sort of change, and is only a formality. Pressnall said the outreach officer with the IEPA is considering holding a public input session to allow residents to ask questions and discuss their concerns about Emulsicoat. E Additions to the Agenda There were none. F. Unfinished Business There was none. G. Reports of Standing Committees Committee of the Whole – Council Member Bill Brown 1. Consent Agenda 2. Regular Agenda a. Resolution No. 2021-02-005R: A Resolution Committing to End Structural Racism and Achieve Racial Equity CM Brown moved to pass Resolution No. 2021-02-005R. The motion was seconded by CM Hursey. CM Brown went over the changes made to the resolution by CM Hursey and CM Wu, which were as follows:  In the seventh paragraph, change WW II to World War II;  An eighth paragraph was added: “WHEREAS, from its founding in 1867 through the 1940's, University of Illinois denied campus housing to Black students, therefore requiring them to seek out and pay for housing within the black community (north end); creating additional psychological and physical stress to their college experience; and”;  Paragraph 10 the spelling for Chief Illiniwek was corrected;  Paragraph 11, after the words “from impenitent individuals”, was added: “Nationwide, Black Americans continue to be marginalized within the health care system and suffer deleterious outcomes, as exemplified by a death rate from COVID-19 that is 3.57 times higher than White Americans1. Locally, there is widespread community support for an offensive former University mascot, local transportation companies discriminate against Page 2 of 4 immigrants from Asian countries, and in Urbana, the black community continues to face disparate outcomes in traffic stops”;  Section 1, in the last sentence, after the words “speak truth” was added “to the hate and bigotry of white supremacy”, which replaced the words “to the power of white supremacy”. After further discussion and comments, the motion to approve Resolution No. 2021-02-005R was carried by roll call vote as follows: Aye: Brown, Colbrook, Hursey, Miller, Roberts, Sacks, Wu Nay: None H. Reports of Special Committees There were none. I. Reports of Officers City Administrator Carol Mitten reported that the lifetime operating permit Emulsicoat applied for is something they probably do not need because they can revert back to a prior lifetime operating permit, and added there no part of the application that requires any findings or analysis regarding environmental justice. The City has received some of the information it requested from Emulsicoat and has requested more through the Freedom of Information Act (FOIA). The City is trying to bring the outreach coordinator from the environmental justice section of the IEPA out to the community, possibly at a meeting of Sustainability Advisory Commission (SAC), to inform the public about what is going on at the Emulsicoat facility. Administrator Mitten said she spoke to American Water officials to check on the status of water shutoffs. American Water began shut offs again last fall. American Water said residents can call 1-800- 422-2782 and self-certify that they are having financial problems due to Covid and that should be sufficient to avoid water shut off. There is also a Salvation Army Program called H2O (Help to Others) which will help people pay their water bills. Administrator Mitten said the Public Works department is short-staffed because of a couple of cases of Covid, and quarantining. Remaining staff is working through trying to clear streets and spread salt mainly on primary and secondary routes. J. New Business 1. Mayoral Staff/Board and Commission Appointments a. Traffic Commission – Council Member Erik Sacks b. City Engineer – Tim Cowan, Interim Public Works Director c. FOIA Officer – Ross McNeil Mayor Marlin presented the appointments and said Erik Sacks would replace former Council Member Eric Jakobsson on the Traffic Commission. Interim Public Works Director Tim Cowan will be appointed City Engineer. Ross McNeil will be appointed the FOIA Officer. City Administrator Mitten clarified that state law requires council to approve the appointment of the FOIA Officer. CM Hursey moved to approve the staff, board and commission appointments of CM Erik Saks to the Traffic Commission, Tim Cowan as City Engineer and Ross McNeil as FOIA Officer. Motion seconded by CM Colbrook. CM Miller said he would like to see more information about Ross McNeil and would also like to be able to speak to him before approving his appointment. He added he will try to bring forward legislation to change in the appointment process, giving council the chance to have more input. Page 3 of 4 After further discussion and clarification, the motion to approve the Mayoral staff, board and commission appointments was carried by roll call vote as follows: Aye: Brown, Hursey, Colbrook, Roberts, Sacks, Wu Nay: Miller K. Adjournment With no further business before council, Mayor Marlin declared this virtual meeting adjourned at 9:04pm. Kay Meharry Recording Secretary This meeting was recorded and is viewable on-demand. Minutes Approved: February 22, 2021 Page 4 of 4 From: To: !City Council Subject: public comment Date: Monday, February 08, 2021 4:19:25 AM *** Email From An External Source *** Hello. I live in ward 7. I am writing this as a result of hearing large amounts of false statements, untrue information, and conspiracy theories during public comment at council meetings. Each meeting, the same group of people, some that do not actually live in town, attend public comment and spread nonsense. This is a waste of time for both city council and for residents that want to learn about actual city business. As a result, I think that council needs to change the rules for public comment in order to prevent these people from spreading more lies. Public comment needs to be reserved for residents that have actual comments and ideas, not for conspiracy theorists. Thank you Ben Rafter Sent from my iPhone From: To: !City Council Subject: PUBLIC INPUT - Resolution No. 2021-02-005R (February 8, 2021 City Council Meeting) Date: Monday, February 08, 2021 1:11:08 PM *** Email From An External Source *** Dear Mayor Marlin and Members of the Urbana City Council: Resolution No. 2021-02-005R – A Resolution Committing to End Structural Racism and Achieve Racial Equity is a great start in publicly declaring the City of Urbana’s general position, and the intent has been stated to bring awareness of this practice in the history of the City of Urbana. Based on the explanation at the February 1 Committee of the Whole meeting, my understanding is there will not be specific or future actions included at this time for the City of Urbana. Therefore, the People of Urbana must continue to hold our city officials accountable to stand on the principles outlined in the Resolution to ensure that racial equity is achieved. Both now and in the transition to new leadership, we know that you have an awesome responsibility in guiding city government for the People of Urbana. We appreciate the service of our city officials in working toward this end. I am suggesting stronger language in a few more areas and other minor edits (highlighted in red in the following information copied below) for your consideration in the final approved Resolution. I would like this information to be included in the record of Public Input for tonight’s meeting and I hope to share verbally as well. Respectfully Submitted, Elderess Melinda Carr Resident of Urbana Address: 1308 West Tremont Street RESOLUTION NO. 2021-02-005R A RESOLUTION COMMITTING TO END STRUCTURAL RACISM AND ACHIEVE RACIAL EQUITY Page 1 of 4 WHEREAS, the City of Urbana endeavors to lead the pursuit of racial equality and justice; and WHEREAS, equality does not come at the expense of another, but ensures that everyone gets what they need to be a full participant in their community; and WHEREAS, white supremacy defies what it means to be American by denying the ideals prescribed in the Declaration of Independence and Civil Rights enshrined in the United States Constitution; and WHEREAS, in order for our community to heal and achieve racial equity, it is necessary to recognize and confront the history of injustice; and WHEREAS, in the City of Urbana, the history of white supremacy and racial oppression began with the first white settlements by the French, with slavery being legal and present in the territory through British and colonial rule until the Northwest Ordinance of 1787. From then on, territorial black laws and unlawful practice purposefully perpetuated slavery and racial oppression, and this practice continued despite the exclusion of slavery when the State was established in 1818. By an 1824 referendum for a constitutional amendment, 42% of the vote was still in favor of slavery; and WHEREAS, despite nominal legal progress, Jim Crow laws and white supremacy continued to be prevalent in Champaign-Urbana. The Ku Klux Klan maintained a significant local presence, operating out of the Illinois Theater in Urbana and holding events with upwards of 3,000 members at a time when the County’s population was less than 60,000; and WHEREAS, issues of segregation and racial oppression became particularly acute in the decades following World War II (WWII), following the increase in the black population of Champaign-Urbana. Black citizens were systematically and illegally excluded from white neighborhoods through subdivision covenants, developer, realtor, landlord, seller, and lending practices and were de facto confined to the Page 2 of 4 ‘north end’. Residents were further exploited by predatory rents in slum rentals and would-be homeowners faced inflationary supply constraints that actively diminished wealth creation. By 1961, the community was the most segregated community in the State. Furthermore, the north end neighborhood was underinvested in public infrastructure, with unpaved roads, unlit streets and other lacking infrastructure making life more difficult, unsafe, and expensive for residents; and WHEREAS, the racial oppression of white supremacy was expansive, including more than just housing and was prevalent and punishing for employment opportunities. Regardless of qualifications, black workers were systematically discriminated against in hiring, where the only jobs made available were: lower paying, manual labor, more insecure, and segregated. In 1968, the unemployment rate in Champaign-Urbana was 2.6 percent for whites, and between 12 and 20 percent for blacks, depending on the season. Especially oppressive was the lack of employment opportunities for black professionals. Local black residents, having completed a college degree, were unable to find employment in Champaign-Urbana and were forced to leave the area to find appropriate employment. As late as 1968, there were no local black doctors, lawyers, firefighters, and only recently had bona fide black police officers been hired. The lack of black professionals meant that the black community faced systematic discrimination, with no alternative local option, from professions pertaining to wealth, health, public safety, and the law; and WHEREAS, the history of white supremacy also extends to the racial discrimination of all non-white people. The land now known as Champaign County was originally home to the Peoria, Kaskaskia, Piankashaw, Wea, Miami, Mascoutin, Odawa, Sauk, Mesquaki, Kickapoo, Potawatomi, Ojibwe, and Chickasaw Nations. Many were removed from the area in 1819 with the remaining native population forcefully removed in 1832 following the Black Hawk War. This history was then White-washed and the native population was caricatured in a racist demeanor for decades by the Chief Illiniweck mascot representing the University and our community; and WHEREAS, white supremacy and racial discrimination continue to this day, both institutionalized and from impenitent individuals, where there is widespread community support for Page 3 of 4 an offensive former University mascot, and where local transportation companies discriminate against immigrants from Asian countries, and in Urbana, where the black community continues to face disparate outcomes in traffic stops; and WHEREAS, repercussions of this history and current practice run deep. Community, social, educational, and economic outcomes for non-whites all suffer from the physical and psychological consequences of racism; and these outcomes sustain themselves long after the original sins and sinners perish; and WHEREAS, the effects of racism are still profoundly felt today in Urbana. It affects the health and wealth of individuals and the entire community, having been declared by the Champaign-Urbana Public Health District to be a public health crisis1. It will not be overcome without a concerted and sustained effort commitment by all. NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Urbana, Illinois, as follows: Section 1. The City hereby rejects the institutionalized legacy of racism and white supremacy that is our history and afflicts our community today. While our community and government have continued to evolves away from the habitual practice and widespread acceptance of racism and white supremacy and is today becoming a more loving community seeking to fulfill the promise of a more perfect Union, we are all inhabitants of an inherited prison of institutionalized inequalities of free and fair existence. If the City is to actualize the commandments principles, rights, and powers of Our Constitution, we must be conscious. The City of Urbana will strive to purge the perpetuation of discrimination that is institutionalized in our society through the power of its policies, procedures, and attitudes. The Mayor and City Council will henceforth speak truth to the power hate and bigotry of white supremacy and shall publicly denounce it whenever its attitudes or effects become clear within our community. [1] See CUPHD resolution. Much thanks to City of Evanston, Illinois Resolution for inspiring the format of this resolution and for the Champaign County Historical Archives staff at The Urbana Free Library, especially Tom Kuiper, for the historical research, including providing the dissertation Injustice sheltered: race relations at the University of Illinois and Champaign-Urbana, 1945-1962. Their research allows this resolution to speak truth to history of white supremacy in Urbana and Champaign County. Page 4 of 4 Section 2. The City of Urbana recognizes that it will take additional effort commitment, courage, and determination to align our actions with our aspirations in order to carry out the vital needs expressed by the People of Urbana. The subversiveness of white privilege includes the double standard of imposing responsibilities and restrictions when there are unequal rights and inequitable opportunities. The City resolves to recognize and value diversity in its policies, personnel, and investment; the City will seek to ensure that there is harmony between equal and fair processes and equitable results. In the pursuit of equity, wherever it is feasible and just, the City shall use all methods and methodologies at our disposal through our Departments, City Council, Boards, and Commissions. The City shall resolve to constantly challenge ourselves and to become a strong leaders in creating a government, community, society, and economy unshackled by the past, unleashing progress and prosperity to their full potential for all of our residents and business owners so that we may continue moving forward to form a more perfect Union here in the City of Urbana.

Agenda

URBANA CITY COUNCIL MEETING DATE: Monday, February 8, 2021 TIME: 7:00pm PLACE: *to be held virtually via Zoom (400 South Vine Street, Urbana, IL 61801) AGENDA A. CALL TO ORDER AND ROLL CALL B. APPROVAL OF MINUTES OF THE PROCEEDINGS OF REGULAR AND SPECIAL MEETINGS 1. January 25, 2021 C. *PRESENTATIONS AND PUBLIC INPUT 1. Comprehensive Plan Website Go-Live Presentation 2. Public Input D. COUNCIL INPUT AND COMMUNICATIONS E. ADDITIONS TO THE AGENDA F. UNFINISHED BUSINESS G. REPORTS OF STANDING COMMITTEES Committee Of the Whole - (Council Member Shirese Hursey) 1. CONSENT AGENDA 2. REGULAR AGENDA a. Resolution No. 2021-02-005R: A Resolution Committing to End Structural Racism and Achieve Racial Equity – CM Hursey/Wu H. REPORTS OF SPECIAL COMMITTEES I. REPORTS OF OFFICERS J. NEW BUSINESS 1. Mayoral Staff/Board and Commission Appointments a. Public Works Interim Director – City Engineer b. FOIA Officer – Ross McNeil c. Traffic Commission – City Council Member Erik Sacks K. 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: Feb 8, 2021 06:30 PM Central Time (US and Canada) Topic: Cunningham Township Board / Urbana City Council Please click the link below to join the webinar: https://us02web.zoom.us/j/85294125038 Or iPhone one-tap : Page 1 of 3 US: +13126266799,,85294125038# or +13017158592,,85294125038# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 312 626 6799 or +1 301 715 8592 or +1 929 205 6099 or +1 346 248 7799 or +1 669 900 6833 or +1 253 215 8782 Webinar ID: 852 9412 5038 International numbers available: https://us02web.zoom.us/u/kbcomv9OQr 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 Page 2 of 3 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 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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