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Saturday, September 21, 2024

City of Rockford Code & Regulation Committee met Feb. 22

Meeting 11

City of Rockford Code & Regulation Committee met Feb. 22.

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

Remote

Franklin C. Beach

City of Rockford

Alderman

Present

Karen Hoffman

City of Rockford

Alderman

Present

Tuffy Quinonez

City of Rockford

Alderman

Absent

Kevin Frost

City of Rockford

Alderman

Present

II. COMMITTEE REPORTS

1. 2021-34-CR - Committee recommends approval of the proposed Hookah Ordinance - Chapter 3, Article V of the City of Rockford Code of Ordinances. The Legal Director shall prepare the appropriate ordinance.

Brooke Benoit, Assistant City Attorney for the City of Rockford explained that there have been numerous requests from individuals regarding opening a hookah lounge. These requests prompted staff to draft the proposed Hookah Ordinance before the Committee tonight. Attorney Benoit further explained that the proposed ordinance is in accordance with the Smoke Free Illinois Act and it will allow the City of Rockford to regulate hookah lounges.

Director Meyer, Legal Director for the City of Rockford, noted that the Smoke Free Illinois Act prohibits indoor smoking, with exceptions, and without local regulations, the municipality would not have the ability to permit hookah lounges, or be able to check for compliance issues. Director Meyer reiterated that the proposed ordinance, if approved, would give the City the power to regulate such businesses. This ordinance is also coupled with the amendments to the Smoking Ordinance, which is also on the agenda tonight.

Ald. Hervey commented that she had received several calls from bar owners who are concerned about hookah lounges opening, and also feel that their businesses have been hurt by the ban on indoor smoking. Ald. Hervey stated that the individuals that she spoke to felt that they should be allowed to have special smoking areas with special ventilation. She wanted to know why hookah lounges are being treated as retail establishments. In her opinion, it is bad policy for the City of Rockford to facilitate indoor smoking. Ald. Hervey also wondered if women are allowed in these establishments.

Attorney Benoit explained that in order to obtain a hookah license, individuals would have to apply for a tobacco license, which means that they would have to go through the tobacco licensing process. Ald. Hervey wanted to know how the

City can regulate hookah lounges. Director Meyer explained that hookah lounge owners would still need a tobacco license, which would have to be approved by the City of Rockford.

RESULT: APPROVED BY COMMITTEE [3 TO 1]

MOVER: Kevin Frost, Alderman

SECONDER: Karen Hoffman, Alderman

AYES: Franklin C. Beach, Karen Hoffman, Kevin Frost

NAYS: Ann Thompson-Kelly

ABSENT: Tuffy Quinonez

2. 2021-35-CR - Committee recommends approval of the revisions to the City of Rockford Smoking Section 19-101 through 19-104 to include an indoor smoking prohibition with an exception for hookah lounges. The Legal Director shall prepare the appropriate ordinance.

Attorney Benoit explained that the Smoking Ordinance hasn't been updated since 1988. Staff wanted to make amendments that mirrored the Smoke Free Illinois Act as well as include hookah lounges.

There were no questions concerning this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

3. 2021-36-CR - Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for new and used passenger vehicle sales with a motor vehicle repair shop in a C-2, Limited Commercial Zoning District at 3068 McFarland Road and 30xx McFarland Road (Dan Angspatt for Shorewood Development Group/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

Scott Capovilla, Planning and Zoning Manager explained that the subject property is the former Gander Mountain building. Staff recommends approval. ZBA voted for approval.

Ald. Frost asked if there will be any modifications to the structure of the building. Mr. Capovilla responded that the building will remain "as is" but there will be some alterations to the interior and exterior. Ald. Frost asked about landscaping. Mr. Capovilla responded that staff asked for some changes and the applicant was more than willing to make those changes. Staff has given approval for the landscaping.

Ald. Hervey wanted to know the type of dealership this will be. Mr. Capovilla stated that this will be a new and used car dealership but he does not know what brand of cars will be sold.

A MOTION was made by Ald. Frost to APPROVE the request for a Special Use Permit. The motion was CARRIED by a vote of 4-0.

Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Submittal of Building Permits for staff’s review and approval

3. Submittal of a revised site plan and landscaping plan that includes a new interior island to be located within the row of 25 parking stalls located along McFarland Road for staff’s review and approval

4. The property shall be developed as per revised site and landscaping plans 5. Submittal of a Parking Lot Permit for site and landscaping work to be completed for staff review and approval

6. Must obtain separate permits for signage and sign must be constructed to match building design and in accordance with plans approved by staff 

7. No outside storage of any auto parts, equipment, materials, or inoperable vehicles

8. Submittal of a Final Agreement for staff’s review and approval that addresses the business operations and improvements to the site

9. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

4. 2021-37-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for the Sale of Tobacco in conjunction with a gas station and convenience store in a C-3, General Commercial Zoning District at 2207 and 2211 Charles Street (Rami Qued Abdo Mana dba Rambo Gas Station, Inc.) Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

There were no questions or comments on this item. Approval is subject to the following conditions:

A MOTION was made by Ald. Frost to APPROVE the Sale of Tobacco. The motion was SECONDED. The motion CARRIED by a vote of 4-0. Approval is subject to the following conditions:

1. Must meet all applicable Building, Fire and Tobacco codes

2. Window display signage is limited to 20% of window area

3. The sale of rose tubes, airplane-sized bottles and any other products that can be deemed to be easily manufactured into drug paraphernalia is prohibited 

4. The sale of water pipes and “huka” or “hookah” pipes are prohibited

5. The windows shall not be covered with bars or other devices that block the windows

6. Submittal of a revised site plan showing existing parking spaces and landscaping for staff’s review and approval

7. Submittal of a dumpster permit for staff’s review and approval and Installation of the dumpster enclosure

8. Any pending general ordinance case(s) must be resolved prior to issuance of the licenses.

9. All outstanding general ordinance fines must be paid prior to issuance of the licenses.

10. All conditions must be met prior to issuance of the liquor and tobacco licenses.

Said Tobacco License shall be added by the following amendment:

RESULT: SUSTAINED

5. 2021-38-CR - Committee recommends sustaining the Liquor and Tobacco Advisory Board's approval for:

a. The Sale of Packaged Liquor in conjunction with a grocery store and gas station; and

b. The Sale of Tobacco Products in conjunction with a grocery store and gas station in a C-2, Limited Commercial Zoning District at 3005 North Rockton Avenue (Matthew Sabu dba Fire Star Mart, Inc.)

Subject to conditions. The Legal Director shall prepare the appropriate ordinance.

Ald. Thompson-Kelly asked about security at this location, and the lack of a security plan. Mr. Capovilla explained that hiring onsite security was not a part of the requirement as a condition of approval. However, the applicant did state that they would provide onsite security if it became a requirement. Ald. Thompson Kelly stated her concern with the past history of this location and number of police calls, and the lack of a security plan. Mr. Capovilla stated that upon review of the files, compared to over five (5) years ago, this location had well over one hundred and twenty (120) police calls, which shows a significant decrease in the number of police calls. He noted that this request is due to a change in ownership.

A MOTION was made by Ald. Frost to APPROVE the sale of Package Liquor and Tobacco. The motion was SECONDED. The motion CARRIED by a vote of 3-1. Ald. Beach voted "No" for the request for packaged liquor.

Approval is subject to the following conditions:

1. Meet all Building and Fire Codes

2. Compliance with all City of Rockford Liquor and Tobacco Codes 

3. Submittal of a revised interior floor plan that indicates the location of the packaged liquor and tobacco products for Staff review and approval 

4. The hours of operation and days will be 5 a.m. to 12 a.m. (midnight) Monday through Sunday

5. Liquor sales hours should be limited to comply with the liquor code

6. There shall be no single serving sales of beer or wine in volumes of 16 oz. or less

7. The sale of rose tubes, airplane-sized bottles and any other products that can be deemed to be easily manufactured into drug paraphernalia is prohibited

8. That the windows shall not be covered with bars or other devices that block the window

9. The sale of water pipes and “huka” or “hookah” pipes are prohibited

10. Window display signage is limited to 20% of window area

11. The use and facility is prohibited from having video gaming terminals

12. Any pending general ordinance case(s) must be resolved prior to issuance of the license

13. All outstanding general ordinance fines must be paid prior to issuance of the license

14. All conditions must be met prior to establishment of use

RESULT: SUSTAINED

6. 2021-39-CR - Committee recommends sustaining the Traffic Commission's approval to repeal the “No Parking Any Time” restriction on the west side of Thyme Drive from Crested Butte Trail to Innsbruck Drive. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

7. 2021-40-CR - Committee recommends sustaining the Traffic Commission's approval to establish “No Parking Any Time” restriction on both sides of 22nd Street from Pilgrim Court to Pleasant View Avenue. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

8. 2021-47-CR - Committee recommends sustaining the Traffic Commission's approval that traffic on Melrose Street be required to stop prior to entering the intersection with Cottage Grove Avenue, thus repealing the 2-way stop control of Cottage Grove Avenue stopping for Melrose Street. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

9. 2021-41-CR - Committee recommends sustaining the Traffic Commission's approval that traffic on 15th Avenue be required to stop prior to entering the intersection with Remington Road. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

10. 2021-42-CR - Committee recommends sustaining the Traffic Commission's approval that traffic on Beach Street be required to stop prior to entering the intersection with Seward Avenue. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission \ took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

11. 2021-43-CR - Committee recommends sustaining the Traffic Commission's approval that traffic on Portland Place be required to stop prior to entering the intersection with Florida Drive. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

12. 2021-44-CR - Committee recommends sustaining the Traffic Commission's approval that traffic on Sexton Drive be required to stop prior to entering the intersection with Louisiana Road. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

13. 2021-45-CR - Committee recommends sustaining the Traffic Commission's approval that traffic on 16th Avenue be required to stop prior to entering the intersection with Log Cabin Avenue. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

14. 2021-46-CR - Committee recommends sustaining the Traffic Commission's approval that all traffic be required to stop prior to entering the intersection of Louisiana Road and Colorado Avenue, thus repealing the yield control on Louisiana Road at Colorado Avenue. The Legal Director shall prepare the appropriate ordinance.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

15. 2021-48-CR - Committee recommends sustaining the Traffic Commission's recommendation of "No Action" on the following items:

a. Handicapped parking on the south side of Market Street from 75 feet east of 4th Street to 95 feet east of 4th Street, thus repealing the 2-hour parking restriction on the south side of Market Street from 75 feet east of 4th Street to 95 feet east of 4th Street;

b. Passenger loading zone on the south side of Market Street from 135 feet east of 4th Street to 155 feet east of 4th Street, thus repealing the 2-hour parking restriction on the south side of Market Street from 135 feet east of 4th Street to 155 east of 4th Street;

c. Handicapped parking on the north side of East State Street from 95 feet east of 4th Street to 115 feet east of 4th Street, thus repealing the 1-hour parking restriction on the north side of State Street from 95 feet east of 4th Street to 115 feet east of 4th Street; and

d. Passenger loading zone on the north side of East State Street from 155 feet east of 4th Street to 175 feet east of 4th Street, thus repealing the 1-hour parking restriction on the north side of State Street from 155 feet east of 4th Street to 175 feet east of 4th Street to 175 feet east of 4th Street.

Chairman Beach requested that all the traffic items be voted on as a group. Ald. Hervey asked if all of the requests were found to be warranted based on staff's review of the requests. Jeremy Carter, Traffic Engineer for the City of Rockford explained that Items 8 -13 are all in the Rolling Green neighborhood. During an overview of the area, staff learned of several stop signs that were not supported by ordinances. Therefore, Items 8-13 are considered bookkeeping matters.

Ald. Durkee asked for the definition of "Passenger Loading Zone." Mr. Carter explained that this would be an area where a car could stop to let a passenger out but parking would be prohibited. Ald. Durkee expressed his concerns because the subject location is a business area. Mr. Carter noted that the Traffic Commission took "No Action" on those requests.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

III. RESOLUTIONS

1. 2021-32-R - Committee recommends approval of the Block 5-Trucks and Tunes

The request is for a series of dates for this outdoor event. The festivities will take place at the corner of Walnut and North 2nd Street at the Old City Body Lot. The requested dates are for every Wednesday, and are as follows:

*March 17th

*April 21st

*May 5th

*June 9th

*July 21st

*August 11th

*September 13th

*October 21st

*November 24th

Event time 5:00 p.m. – 9:00 p.m.

Ald. Thompson-Kelly asked about insurance for this event. Martin Bloom, Project Manager-Permits and Special Events explained that providing insurance is a part of the application and approval process. Proof of insurance must be submitted in the amount of one million dollars. Ald. Thompson-Kelly asked about security. Mr. Bloom explained that security is also a part of the application and approval process, and this applicant has submitted a security plan noting that they will hire private security.

Ald. Hervey asked if the location was across the street from the old City Hall parking lot. Chairman Beach stated that she was corrected.

With no further business before the Committee, the meeting was adjourned.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS]

MOVER: Kevin Frost, Alderman

SECONDER: Ann Thompson-Kelly, Alderman

AYES: Ann Thompson-Kelly, Franklin C. Beach, Karen Hoffman, Kevin Frost ABSENT: Tuffy Quinonez

http://rockfordcityil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=1957&Inline=True

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