City of Rockford Code & Regulation Committee met March 9.
Here is the minutes provided by the committee:
I. CALL TO ORDER
| Attendee Name | Organization | Title | Status | Arrived |
| Ann Thompson-Kelly | City of Rockford | Alderman | Absent | |
| Franklin C. Beach | City of Rockford | Alderman | Present | |
| Joseph Chiarelli | City of Rockford | Alderman | Present | |
| Karen Hoffman | City of Rockford | Alderman | Present | |
| Tuffy Quinonez | City of Rockford | Alderman | Present |
1. Road Dedication Plat - Brookwood Subdivision
Scott Capovilla, Planning and Zoning Manager explained that the subject streets were platted as private streets in 1955. The homeowner's association approached the city about having the streets dedicated to the public a few years ago but the dedication plat was not submitted at the time. A note on the plat states that the snow removal activities will remain the responsibility of the association. Furthermore, once the bridge on Willow Lane reaches its lifespan, it is not currently planned to be replaced as alternate access is provided. The Traffic Engineer will handle any future traffic and/or parking issues on these roads and all traffic related requests will be routed through the Traffic Commission. This plat is in conformance with the zoning for the site, the subdivision ordinance and the City of Rockford 2020 Plan. Staff recommends approval of the road dedication plat of Brookwood Subdivision.
Ald. Hervey wanted to know the benefit to the city should approval be given for the road dedication. She noted that if approval is given, the city would be responsible for repaving the streets.
Kyle Saunders, Director of Public Works explained that this matter dates back to the early 2000's. At that time, all of the parcels in the subdivision were annexed into the City of Rockford. Subsequent to the annexation, the city did make improvements to the streets. If approval is given for the road dedication, it would essentially complete the process. Ald. Hervey wanted more clarification concerning why the roads had been previously maintained by the city. Mr. Saunders explained that the previous Director of Public Works worked with the Legal Department and learned that there was documentation that the roads were previously platted, and dedicated to the City of Rockford. They also learned that other than snow removal, the city had already been maintaining these particular roadways. Mr. Saunders further explained that the residents were originally annexed in 1955 but the roadways were dedicated private.
Ald. Hervey asked if approval of this proposed road dedication will set a precedent for other developments that have private streets even though they were originally built that way. Nicholas Meyer, Legal Director for the City of Rockford explained that this is a unique situation but it will not set a precedent. He further explained that what makes this situation unique is how old it is. There is supporting documentation and everyone has been operating under the "intent" of a dedication.
Ald. Durkee commented that he is curious about the timeline, and wanted to know when the city started maintaining the roads. Mr. Saunders stated that in 2001 the subdivision approached the city and asked for a formal dedication of the roadways. In 2008, the city did some resurfacing on the roads. Ald. Durkee stated that it was his understanding that if the homeowner's associations wanted their private roadways to be controlled by the city, they would have to pay for the roadways to be brought up to city standards. At that point, the city would give consideration to maintaining the roadways on a continual basis.
Ald. Hervey asked to see the costs for resurfacing the roads in 2008, and wondered if it required City Council approval.
Mr. Capovilla pointed out that on the GIS map the streets don't look as though they are private, which may have led to the implication that the streets were public streets. This is the reason that the city agreed to maintain them.
Ald. Hervey denoted her dissatisfaction with the way this was previously handled.
Todd Cagnoni, City Administrator stated that Staff is willing to look through the files from 2008 to see if City Council approval was given for the resurfacing. He also indicated that private streets being dedicated as public streets have been approved on a case-by-case basis, which were based on facts such as the design of the street, how it has been maintained, the lots that are associated with the street(s), etc.,
RESULT: LAID OVER Next: 3/23/2020 5:30 PM
2. 2020-104-CR - Committee recommends approval of the final plat of Love's Rockford Subdivision.
Mr. Capovilla informed the Committee that this request is for the final plat of the new Love's Truck Stop and Travel Center, which will be located on Lot 1. This was a part of the approved Planned Unit Development (PUD) granted by Special Use Permit by the City Council on May 21, 2018 (Ordinance No. 2018-116-O). In addition, located on Lot 1 will be a detention easement and a small freestanding solar array located along the eastern border of the property, which was approved by a Modification of the PUD on February 5, 2019 (Ordinance No. 2019-34-O). Lot 2 is a combination of additional storm water detention and the site of the relocated pipeline easement. This plat is in conformance with the zoning for the site, the subdivision ordinance and the City of Rockford 2020 Plan.
Staff recommends approval.
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Karen Hoffman, Alderman
SECONDER: Tuffy Quinonez, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
3. 2020-50-R - Authorization to allow the Zoning Officer to file Text Amendmentsfor the following:
22-003 Floor Area Ratio for C-4 District
22-004 Density for C-4 District
40-002-F Outside Parking of Vehicles in Residential Districts
40-002-M M Solar Collectors (Freestanding, Transmission Lines,Abandonment)
51-010 Murals (Add as Special Use in C-2 and C-3)
71-003 Violation Penalties
Appendix A: Recommended Plant Species – Delete Ash Trees
Mr. Capovilla informed the Committee that upon Staff's yearly review, they found some items within the Zoning Ordinance that needed to be corrected. He reviewed the proposed amendments.
Chairman Chiarelli asked if any of the proposed changes are time sensitive. Mr. Cagnoni pointed out that what is being presented tonight is a request for authorization to advance a zoning application. He further explained that these items will be taken through the public hearing process, then back to the Code and Regulation Committee for consideration, and finally City Council for consideration. He further stated that nothing is time sensitive.
Mr. Capovilla stated that if approval was given, Staff would file an application to have this item before the Zoning Board of Appeals in April.
Ald. Hervey commented that she would specifically like to see the amendment concerning Outside Parking of Vehicles in Residential Districts move forward and be on the books by May, 2020.
Ald. Hervey asked for additional amendments concerning Outside Parking of Vehicles in Residential Districts for commercial vehicles. Mr. Capovilla noted that Item No. 5 addresses that under Trucks.
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Franklin C. Beach, Alderman
SECONDER: Karen Hoffman, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
4. 2020-105-CR - Committee recommends denial of the request for modification of an existing Liquor License to add one (1) additional video gaming terminal at Spinning Slots Inc. dba Spinning Slots – 1625 Sandy Hollow Road.
Mr. Capovilla informed the Committee that although the applicant meets the hold per day, the applicant's video gaming revenue far exceeds there alcohol and general merchandise revenue. Throughout several quarters, they failed to meet their 50% requirement under Section 3-58 (p) from the City's Liquor Ordinance. In the fourth quarter of 2019, they were at 24.5% for food, alcohol and general merchandise. Staff's recommendation is for denial.
Chairman Chiarelli asked if this business had a liquor hearing scheduled. Assistant City Attorney Lafakeria Vaughn confirmed that they have a hearing scheduled for Tuesday, March 17th.
Ald. Hervey asked if a hearing was scheduled because the business fell below in the 4th quarter. Attorney Vaughn confirmed yes.
Chairman Chiarelli asked if the applicant can make another request for a sixth machine in the future. Director Meyer stated that he would review the ordinance for that information.
RESULT: DENIED BY COMMITTEE [UNANIMOUS]
MOVER: Franklin C. Beach, Alderman
SECONDER: Tuffy Quinonez, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
5. Committee recommends denial of the request for modification of an existing Liquor License to add one (1) additional video gaming terminal at Ross-Pearson Post No. 5149, Veterans of Foreign Wars of the United States-120906443 dba Ross Pearson VFW 5149 – 922 7th Street.
Mr. Capovilla informed the Committee that the applicant's hold per day amount is $80.86, which is below the required amount. However, he noted that they are a fraternal organization and are exempt from the ordinance. Staff recommends approval subject to one (1) condition. If approved, the cap would be at 556 video gaming terminals.
Ald. Hervey disagreed with approving an additional machine for this organization because it would take away from the overall count on the cap, especially if they are currently not making money with the machines that they have.
Director Meyer pointed out that there is no requirement for City Council to approve an additional machine for a business just because they meet the threshold. City Council can consider the concentration of gaming and also the number of remaining video gaming terminals in their analysis. He further explained that the way the legislation is worded, fraternal organizations and truck stops have different guidelines and rules than liquor license holders, which is why Staff decided not to have a hold per day requirement for these establishments.
Ald. Beach agreed that he too is concerned about lessening the cap number.
RESULT: DENIED BY COMMITTEE [3 TO 1]
MOVER: Franklin C. Beach, Alderman
SECONDER: Karen Hoffman, Alderman
AYES: Franklin C. Beach, Karen Hoffman, Tuffy Quinonez
NAYS: Joseph ChiarelliABSENT: Ann Thompson-Kelly
6. Request for Modification of an Existing Liquor License to Add One (1) Additional Video Gaming Terminal
North Main Bar Inc. d/b/a North Main Bar – 1428 North Main Street
Mr. Capovilla informed the Committee that this applicant's hold per day amount averages $223.62. Staff recommends approval subject to one (1) condition.
Ald. Quinonez asked to have this item lay over.
Ald. Hervey asked about the hold per day amount requirement. Mr. Capovilla stated that it is $150.
RESULT: LAID OVER Next: 3/23/2020 5:30 PM
7. 2020-106-CR - Committee recommends approval of the request for modification of an existing Liquor License to add one (1) additional video gaming terminal at Illinois Café & Service Company, LLC d/b/a Dotty’s – 318 North Alpine Road. The Legal Director shall prepare the appropriate ordinance.
Mr. Capovilla explained that the applicant's hold per day amount is $370.96. The majority of their revenue is from gaming. Staff recommends approval subject to one (1) condition.
Approval is subject to the following condition:
1. The licensed premises shall have no more than six (6) video gaming terminals
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman
SECONDER: Karen Hoffman, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
8. Modification of an Existing Tobacco License
Liquor and Tobacco Advisory Board recommends denial for the Modification of an Existing Tobacco License to allow the sale of glass pipes and water pipes in conjunction with tobacco products in a C-3, General Commercial Zoning District at 3224 South Alpine Road (Adam Jay Fitzgerald/Vape N Juice/Applicant) Director Meyer explained that this request is not included in the City of Rockford's ordinances because said items are considered paraphernalia and therefore are regulated by the State of Illinois. He pointed out that marijuana is now legalized but paraphernalia is not prohibited by the state. However, it is subject to local control. Staff will review information and draft an ordinance that will help to give more guidance on where and what types of shops would be more appropriate to sell these types of pipes moving forward. He asked that this item be laid over.
RESULT: LAID OVER Next: 3/23/2020 5:30 PM
III. RESOLUTIONS
1. 2020-51-R - Heritage Run
This event is scheduled for April 26, 2020 from Noon to 4:00 p.m. The run will start at Wyman Street between State Street and Elm Street and will end on Elm Street.
Martin Bloom, Project Manager-Permits & Special Events explained that this is a 10K/2 mile downtown run hosted by and benefiting Winnebago County CASA. Permission has been requested for street closures. The City of Rockford Police will provide traffic control. All costs will be paid by the event organizers.
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Franklin C. Beach, Alderman
SECONDER: Tuffy Quinonez, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
2. 2020-52-R - Rockford City Market
This event is scheduled for every Friday starting on May 15, 2020 and ending on
September 25, 2020. The hours are as follows:
May 15th – Sept 4th 3:30 p.m. – 8:30 p.m.
Sept 11th – Sept 25th 3:30 p.m. – 7:30 p.m.
Special Request for July 3rd 3:30 p.m. – 10:00 p.m.
The Market will take place at the City Market Pavilion, which is located in the area of Water Street and Market Street.
Mr. Bloom, explained that this is the annual Farmer's and Vendor's Market with a social atmosphere that provides entertainment, children activities, and concessions. Permission has been requested for liquor consumption on public property, a storage pod unit, use of city electric, and street and parking lot closure every Friday by noon. All costs will be paid by the event organizers.
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman
SECONDER: Karen Hoffman, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
3. 2020-53-R - North End City Market
This event is scheduled for every Saturday starting on May 16, 2020 and ending October 31, 2020 from 9:00 a.m. to 1:00 p.m. The market will be located in Lot 33 at Myott Avenue and Toner Avenue.
Mr. Bloom explained that is another annual Farmers Market that will be held in City Lot 33 at Myott and Toner Avenue. The market will focus on local produce and goods, and will attract visitors to the Main Street and Auburn North End neighborhood. Permission has been requested for use of the municipal lot for market space, banners, and use of a temporary storage pod on city street parking space. All costs will be paid by the event organizers.
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman
SECONDER: Franklin C. Beach, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
4. 2020-54-R - RPS 2.05 Fun Run and IDOT Resolution
This event is scheduled for May 23, 2020 from 5:30 p.m. to 7:30 p.m. The run begins and ends at North Water Street and East State Street.
Mr. Bloom explained that this is a run aimed at promoting physical fitness among the community and a fundraiser for the District 205 athletics. Permission has been requested for street closures, use of the City Market Pavilion, and for city electric. The City of Rockford Police will provide traffic control. All costs will be paid by the event organizers.
RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Franklin C. Beach, Alderman
SECONDER: Tuffy Quinonez, Alderman
AYES: Franklin C. Beach, Joseph Chiarelli, Karen Hoffman, Tuffy Quinonez
ABSENT: Ann Thompson-Kelly
5. 2020-55-R - Lifescape 4th of July Run
This event is scheduled for July 4, 2020 from 6:00 a.m. to 10:30 a.m. The run begins and ends on North Madison Street at Lower Jefferson Street, utilizing the Rock River Recreational Path.
Mr. Bloom explained that this is a 8K run, 2 mile walk, and a 1 mile walk to encourage family participation and will start the 4th of July celebrations for the day. All proceeds will benefit Lifescape. Permission has been requested for street closures. The City of Rockford Police will assist with traffic control. All costs will be paid by the event organizers.
IV. INFORMATION ONLY
1. 4th Quarter Report
4th Quarter Report from October – December 2019 on Liquor License Establishments with Video Gaming, subject to the 50% requirement
Attorney Vaughn explained that currently there are thirteen (13) businesses that are subject to the 50% requirement, and two (2) new businesses were added to the report, Alize's Grill and Villa Di Roma. Fuzzy's and Spinning Slots were below the 50% requirement and they have been scheduled for hearings before the Liquor Commission on Tuesday, March 17, 2019 at 9 a.m.
Ald. Beach asked if penalties were in place for violators. Attorney Vaughn explained that Staff will be seeking suspension or revocation at the hearing.
Ald. McNeely asked if all the other video gaming license holders were meeting their requirements. Attorney Vaughn answered in the affirmative.
With no further business before the Committee, the meeting was adjourned.
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