Rockford Sun

City of Rockford Code & Regulation Committee Met June 28.

Here is the minutes provided by the committee:

I. CALL TO ORDER

Attendee Name	Organization	Title	Status	Arrived
Tim Durkee	City of Rockford	Alderman	Present
Bill Rose	City of Rockford	Alderman	Absent
Tuffy Quinonez	City of Rockford	Alderman	Present
Gabrielle Torina	City of Rockford	Alderman	Present
Mark Bonne	City of Rockford	Alderman	Present

II. PUBLIC HEARING

1. Right-of-Way Vacation

Public Hearing for the proposed right-of-way vacation ordinance request for two (2) portions of Old Collins Road adjacent to North Love Baptist Church located at 5301 East Riverside Boulevard (approximately 2.04 acres and 5,665 sq.ft.) Co-Chairman Torina called the public hearing to order at 7:05 p.m. pursuant to 65 ILCS 5/11-91-1 for the proposed right-of-way vacation for two (2) portions of Old Collins Road (5301 East Riverside Boulevard.

Co-Chairman Torina asked for questions and/or concerns from the Committee Members and the general public with regard to the vacation. Hearing none, the Public Hearing was adjourned at 7:06 p.m.

The meeting returned to regular business at 7:06 p.m.

III. COMMITTEE REPORTS

1. Committee recommends approval of the Vacation request for two (2) portions of Old Collins Road adjacent to North Love Baptist Church located at 5301 East Riverside Boulevard. The Legal Director shall prepare the appropriate ordinance.

Kelly Nokes, Engineer Operations Manager for the City of Rockford informed the Committee that representatives from North Love Baptist Church submitted a request to vacate two (2) portions of Old Collins Road, which is adjacent to the church. The church is located at 5301 East Riverside Boulevard. The right-of way was platted as roadway, however it only serves North Love's property. Ms. Nokes further explained, that if approved, the church has committed to

maintaining the road, which includes resurfacing the eastern portion of Old Collins Road from Applewood Lane west to the campus entrance, as well as the western portion of Old Collins Road from the campus entrance west to Pebble Creek Road. Michael Hakanson, the Land Transaction Officer for the City of Rockford has estimated the current market value of the right-of-way to be $1,303.00.

Ald. Frost noted that the church is located in his ward, and he supports this request. He also noted that the City of Rockford will be saving a lot of money if the request is granted, therefore he asked that the church not be charged a fee.

A MOTION was made by Ald. Durkee to AMEND the request scratching the $1,303.00 requested amount for the right-of-way vacation to a zero dollar amount ($0). The motion was SECONDED by Ald. Quinonez, and CARRIED by a vote of 3-1. Ald. Bonne voted "No."

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Mark Bonne, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

2. Committee recommends sustaining the Traffic Commission's approval to establish that traffic on North Independence Avenue be required to yield prior to entering the intersection with Andrews Street. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Mark Bonne, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

3. Committee recommends sustaining the Traffic Commission's approval to establish a “No Parking Any Time” restriction on both sides of Integrity Drive east of South Main Street. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Mark Bonne, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

4. Committee recommends sustaining the Traffic Commission's approval to establish that traffic on Louise Street be required to stop prior to entering the intersection with Belmont Boulevard. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Mark Bonne, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

5. Committee recommends sustaining the Traffic Commission's approval to establish “Official Car Parking” Monday through Friday 7:00 a.m. - 5:00 p.m. on the east side of 10th Street from Broadway to 380 feet north of Broadway, thus repealing the existing parking restrictions of “No Parking Any Time” on the east side of 10th Street from 30 feet north of Broadway to 190 feet north of Broadway and from 170 feet north of Broadway to 340 feet north of Broadway. The Legal Director shall prepare the appropriate ordinance.

Ald. Quinonez asked who would be considered "official." Jeremy Carter, Traffic Engineer for the City of Rockford explained that in this particular case, "official" would be police vehicles. He noted that this request was made by the Police Department because this would give District 2, which is located in the area a closer parking spot to the building.

Ald. Quinonez asked if City Officials would be allowed to park in the designated "Official Car Parking" spot. Mr. Carter stated that this would be allowed but recommended that the City parking pass be displayed.

Interim Police Chief Randy Berke also noted that the main issue is the used car dealer that is located across the street from the police station. Specifically during the morning hours they use the spot in question for their cars instead of freeing space in their lot.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tuffy Quinonez, Alderman SECONDER: Tim Durkee, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

6. Committee recommends sustaining the Traffic Commission's approval to repeal the 20 mph School Zone Speed Limit on Hanson Street from frontage/3020 11th Street to St. Edward’s School. The Legal Director shall prepare the appropriate ordinance.

Ald. Prunty asked will there be a replacement of the current speed limit there. Mr. Carter explained that the speed limit will be 35 mph. He further explained that the 20 mph speed limit is only in effect on school days when school children are present. However at this time, the school is not in operation. Mr. Carter stated that this particular request for a change in the speed limit is in front of St. Edwards School.

For clarity sake, Ald. Durkee reiterated that St. Edwards School is closed.

Ald. Wilkins asked if there had been any complaints about speeding in this area. Mr. Carter restated that the school is no longer open and the 20 mph speed zone does not apply.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tuffy Quinonez, Alderman SECONDER: Mark Bonne, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

7. Committee recommends sustaining the Traffic Commission's approval to repeal the 20 mph School Zone Speed Limit on Charles Street from 200 feet west of Belmont Boulevard to 200 feet east of Charlotte Drive. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

8. Committee recommends sustaining the Traffic Commission's approval to repeal the 20 mph School Zone Speed Limit on Bell Avenue from Rockton Avenue to Ridge Avenue. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Mark Bonne, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

9. Committee recommends sustaining the Traffic Commission's approval to repeal the 20 mph School Zone Speed Limit on Fulton Avenue from Rockton Avenue to Ridge Avenue. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

10. Committee recommends sustaining the Traffic Commission's approval to repeal the 20 mph School Zone Speed Limit on Myott Avenue from Sheridan Street to Sherman Street. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

11. Committee recommends sustaining the Traffic Commission's approval to repeal the Passenger Loading Zone 7:30 a.m. – 4:00 p.m. on the south side of Myott Avenue from Sheridan Street to Sherman Street. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

12. Committee recommends sustaining the Traffic Commission's approval to repeal the Passenger Loading Zone 7:30 a.m. – 4:00 p.m. on the west side of Sherman Street from Post Avenue to Myott Avenue. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

13. Committee recommends sustaining the Traffic Commission's approval to repeal the “No Parking – Bus Stop on Regular School Days 7:30 a.m. – 4:00 p.m.” on the east side of Sheridan Street from Myott Avenue to Post Avenue. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Tuffy Quinonez, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

14. Committee recommends sustaining the Traffic Commission's approval for a “No Parking on Regular School Days from 7:30 a.m. – 4:00 p.m.” restriction on the west side of Waldo Street from Elm Street to Chestnut Street. The Legal Director shall prepare the appropriate ordinance.

There were no questions, and no discussion on this item.

RESULT: APPROVED BY COMMITTEE [UNANIMOUS] MOVER: Tim Durkee, Alderman SECONDER: Tuffy Quinonez, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose

15. Committee recommends denial of a Special Use Permit for a Planned Unit Development consisting of 240 apartment units and a 4-story, 146 room assisted/independent living and memory care facility in a C-1, Limited Office Zoning District at 6654 Garrett Lane (Chris Herschaleb for Rockford Living Community, LLC/Applicant). Thus reversing the Zoning Board of Appeals' recommendation of approval.

Ald. Bonne asked Nicholas Meyer, Legal Director for the City of Rockford what is the difference between having the item lay over, and not the item not advancing for lack of a motion. Director Meyer explained that if the item were to lay over, it could potentially advance to the Council agenda at the next meeting. However, if the motion fails for lack of a second, it still could possibly advance to Council without a recommendation from the Code and Regulation Committee. Director Meyer further explained that staff does not wish for items to "die" without the full benefit having a full vote from City Council.

Ald. Bonne asked who would have the option to move the item forward if it failed. Director Meyer explained that the Chairman of the Committee has that option, and the Mayor has the ability to advance the item. He also stated that the Committee cannot have a discussion without a motion.

A MOTION was made by Ald. Bonne to SUSTAIN ZBA. The motion was SECONDED by Ald. Torina.

Ald. Durkee commented that some of the residents are opposed to the project. He also pointed out that the property is zoned C-1, and the proposed project is a deviation of that use. Ald. Durkee further explained that in his opinion, Midway Village is an asset and he sees this project as a threat to the asset, as well as possible traffic concerns in this area. He again reiterated that changing the use in his opinion, is not a good fit for this area. Ald. Durkee went on to say that he hopes that the developer will support a smaller footprint, or consider a use that is more consistent with the zoning in the area.

Ald. Bonne asked Ald. Durkee if amendments could be made to make the project more acceptable. Ald. Durkee commented that it is up to the developer to review the project, and have discussions with the neighbors, and others to revise the plans. However, the developer has already indicated that he/they are not willing to make any revisions at this time.

Ald. Quinonez commented that he supports Ald. Durkee, and will not support this project.

A MOTION was made to have this item lay over. Ald. Torina SECONDED the motion. The motion FAILED by a vote of 2-2. Ald. Durkee and Ald. Quinonez voted "No."

The motion to SUSTAIN was voted on and FAILED by a vote of 1-3. Ald. Durkee, Ald. Bonne and Ald. Quinonez voted "No."'

Assistant City Attorney read in the Findings of Facts as follows:

Denial of this Special Use Permit is based upon the following findings:

1. The establishment, maintenance or operation of the Special Use Permit will be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community.

2. The Special Use Permit will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will substantially diminish or impair property values within the neighborhood.

3. The establishment of the special use will impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage and/or necessary facilities have not been, are not being, or will not be provided.

5. Adequate measures have not been or will not be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

6. The special use does not conform to the applicable regulations of the C-1 District in which it is located.

A MOTION was made by Ald. Durkee to ADOPT the FINDING OF FACTS.

The SECONDED by Ald. Quinonez, and CARRIED by a vote of 4-0.

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

RESULT: MOTION FAILED

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