City of Rockford Code & Regulation Committee met Sept. 13.
Here are 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 | Present | |
| Tuffy Quinonez | City of Rockford | Alderman | Present | |
| Gabrielle Torina | City of Rockford | Alderman | Present | |
| Mark Bonne | City of Rockford | Alderman | Present |
Other Attendees:
The invocation was given by Chaplain Dave Zarembski.
SPEAKERS
1. John Tac Brantley spoke about the situation in Afghanistan and the 20th anniversary of September 11th.
2. Rev. Earl Dotson, Sr. quoted scripture and spoke about manufacturing jobs.
Chairman Rose announced that two (2) other individuals wished to speak, but they missed the deadline. However, under Robert's Rules if approved by a vote from the Committee, they could be allowed to speak. A MOTION was made by Ald. Bonne to APPROVE two (2) additional speakers. The motion was SECONDED by Ald. Torina, and CARRIED by a vote of 4-0. Ald. Durkee had not arrived to the meeting at this time.
3. Brad Roos announced that on Friday, November 12, 2021 the City of Rockford, County of Winnebago and a number of other governmental agencies will be hosting a Sustainability Conference at Embassy Suites located in downtown Rockford. Mr. Roos invited everyone to attend. The keynote speaker will be former Mayor of the City of Rockford Douglas Scott.
4. Shirley Brewer spoke about what she considers deplorable living conditions in her apartment. Ms. Brewer also talked about an altercation she had with her landlord. She asked for help with this situation.
II. COMMITTEE REPORTS
1. Committee recommends sustaining the Zoning Board of Appeals' approval for a Special Use Permit for an auto sales lot in a C-3, General Commercial Zoning District at 1303 South Main Street (Attorney Andrew Vella for Dale
Sims/Applicant). Subject to conditions. The Legal Director shall prepare the appropriate ordinance.
A MOTION was made by Ald. Quinonez to SUSTAIN ZBA. The motion was SECONDED by Ald. Bonne. Ald. Durkee voiced his opposition to this request. He noted that the plan does not fit the landscape for the area. The motion was CARRIED by a vote of 4-1. Ald. Durkee voted "No."
Approval is subject to the following conditions:
1. Meet all applicable Building and Fire Codes
2. Submittal of a revised site and landscaping plan indicating sales display area, number of vehicles for sale and customer parking for staff’s review and approval
3. Hours of operation will be Monday through Saturday from 10 a.m. to 6 p.m.
4. Submittal of a Dumpster Enclosure Permit with a dumpster detail and rendering for staff’s review and approval
5. There shall be no outside storage of tires
6. All conditions must be met prior to establishment of use
RESULT: SUSTAINED
2. Committee recommends sustaining the Zoning Board of Appeals' recommendation of denial for:
a. A Zoning Map Amendment from C-1, Limited Office Zoning District to C-2, Limited Commercial Zoning District; and
b. A Special Use Permit for tire repair and sales in a C-2, Limited
Commercial Zoning District at 2315 South Main Street (Avilene Hernandez Lopez/Applicant).
There were no questions, or concerns regarding this item.
A MOTION was made by Ald. Bonne to SUSTAIN ZBA. The motion was SECONDED by Ald. Torina, and CARRIED by a vote of 5-0.
RESULT: SUSTAINED
III. RESOLUTIONS
1. Committee recommends approval of the 2021 Edgebrook Health and Wellness Fair
This event is scheduled for Saturday, October 9th from 10:00 a.m. to 2:00 p.m. at 1639 North Alpine Road.
There were no questions or, concerns regarding this event.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Mark Bonne, Alderman SECONDER: Tim Durkee, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
There were no questions, or concerns regarding this item.
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Tuffy Quinonez, Alderman SECONDER: Mark Bonne, Alderman AYES: Durkee, Rose, Quinonez, Torina, Bonne |
1. 2nd Quarter Report from April-June 2021 on Liquor License Establishments with Video Gaming, subject to the 50% requirement
Assistant City Attorney Megan McNeill informed the Committee that the report provided to the Committee is the Second Quarter Report, which covers the time period from April - June, 2021 on Liquor License Establishments with Video Gaming subject to the 50% requirement. She reviewed the chart and further explained that based on the second quarter report, three (3) businesses failed to satisfy the 50% requirement. Those businesses are Alize's Grill, La Esquinta Gold and Smokehouse BBQ. The chart also contained the number of video gaming terminals authorized by the City of Rockford. Currently, the number is five hundred and sixty-eight (568). Attorney McNeill noted that the number of video gaming licenses that have been issued currently is five hundred and forty (540), and the current number of pre-annexations with potential video gaming terminals is approximately forty-seven (47). She pointed out that there may be some businesses that have been approved but have not received their video gaming stickers yet.
Ald. Hoffman ask about the total number of video gaming terminals that the City can approve. Attorney McNeill responded that the number is six hundred (600) but we are currently at six hundred and fifteen (615), which includes the pre annexation agreements. She explained that there are several water agreements, and if those properties become contiguous to the City, the properties would be brought in by the annexation process. If those businesses already had gaming, to be business friendly, the businesses would potentially be allowed to keep their gaming licenses.
Ald. Beach asked what happens if a business does not meet the 50% requirement. Attorney McNeill explained that warning letters can be issued. If the violation continues during the second quarter, a fine may be assessed. If the offense continues, action could be taken against the business' liquor license.
Ald. Beach asked if the gaming machines for the casino are independent from the number allowed to be issued by the City. Attorney McNeill indicated that they were.
Ald. Quinonez asked if this was the first violation for the three (3) businesses in question. Attorney McNeill responded that this is the second violation for Alize's Grill. She explained that the owner passed away earlier this year, and they were given some leverage for this reason. This is the second violation for La Esquinta Gold, and they were issued a $500 fine. Smokehouse BBQ has failed to submit their tax returns, which means that the Finance Department cannot assess if they were in line with the requirements. They were sent a letter requesting the reports as soon as possible.
Ald. Wilkins wanted to know the total number of video gaming terminals for the three (3) businesses in question. Attorney McNeill responded that she didn't have the exact number, but would guess that the number would be approximately fifteen (15) total. She explained that tax reports are supposed to be submitted to the Finance Department on a monthly basis, and the 50% requirement is checked on a quarterly basis. Ald. Wilkins asked if the machines are taken if the 50% requirement is not met. Attorney McNeill stated that to her knowledge no machines have ever been "taken," but action could be taken against a business' liquor license.
Todd Cagnoni, City Administrator for the City of Rockford reiterated that the 50% rule has typically been reviewed on a quarterly basis, and also on an annual basis. He noted that there have been two (2) circumstances where the business did not meet the 50% requirement on an annual basis. One of the businesses voluntarily forfeited their liquor license, and their video gaming terminals. The second business currently has a pending appeal at the Illinois Liquor Control Commission regarding the City of Rockford's action against their liquor license.
There were no further questions, or comments.
With no further business before the Committee, the meeting was adjourned.
| RESULT: DISCUSSED |
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