City of Rockford Code & Regulation Committee met Sept. 12.
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 | Absent | |
| Tuffy Quinonez | City of Rockford | Alderman | Present | |
| Gabrielle Torina | City of Rockford | Alderman | Present | |
| Mark Bonne | City of Rockford | Alderman | Present |
The invocation was given by Chaplain Dave Zarembski
Mayor Thomas P. McNamara proclaimed September 12, 2022 to be National Suicide Prevention and Action Month.
Flossie Hoarde
Ms. Hoarde talked about the conditions on the west side of Rockford. She spoke about there being a “food dessert” on the west side of town, and about the driver’s license bureau leaving. She stated that soon Associated Bank will be closing. She also talked about young black males in the Rockford Community. She stated that in her opinion, no one seems to care about them.
Rev. Earl Dotson
Rev. Dotson quoted scripture and, talked about domestic terrorism in the United States. He also talked about school and training.
John Tac Brantley
Mr. Brantley spoke about the things that he does in the community. Mr. Brantley also spoke about the shortage of school buses and the “walk to school bus” system. He stated that he is working on a program with others to make sure that children get to school.
Larry Washington
Mr. Washington stated that he cleaned up the intersection of 15th Avenue and Marchesano Drive. He thanked Fire Department#3 for loaning him a push broom to clean the 15th Avenue bridge. He also complained that no city officials thanked him for his efforts. He stated that he has received no communication from city officials regarding complaints that he has made.
II. COMMITTEE REPORTS
1. 3166 McFarland Road
Zoning Board of Appeals recommends approval for a Special Use Permit for an unattended fuel station and car wash in a C-2, Limited Commercial Zoning District at 3166 McFarland Road (Jim Arneson for Dealar Properties, Inc./Applicant)
Chairman Torina announced that the alderman of the ward is still in communication with the developer and wants this item held out.
| RESULT: HELD OUT Next: 9/26/2022 5:30 PM |
A MOTION was made by Ald. Bonne to REVERSE ZBA & DENY the request. The motion was SECONDED by Ald. Quinonez. Ald. Durkee asked if there was a reason for the reversal. Ald. Bonne responded that his decision is based on Staff's recommendation for denial.
Scott Capovilla, Land Use and Zoning Manager explained that Staff recommends denial because the use is intense considering the location of the business. The business is surrounded by office and medical buildings, as well as residential. The proposed use will create increased traffic to an already congested intersection. Mr. Capovilla further explained that the other determining factors for Staff's decision is that the applicant expressed at the LTAB meeting that the purpose of the expansion is so that they can apply for liquor sales.
Ald. Durkee asked about calls for service at this location. Mr. Capovilla stated that the calls for service had been extremely high, however this past year the calls have decreased.
The motion was CARRIED by a vote of 4-1.
Assistant City Attorney Megan McNeill reviewed the Finding of Facts. A MOTION was made by Ald. Bonne to ADOPT the Finding of Facts. The motion was SECONDED by Ald. Durkee, and CARRIED by a vote of 4-1. The Finding of Facts are as follows:
1. The establishment, maintenance or operation of the Special Use Permit will be detrimental to and endanger the public health, safety, morals, comfort and 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 and 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 provided.
5. Adequate measures have not been 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 R-1, C-1, and C-3 Districts in which it is located
| RESULT: APPROVED BY COMMITTEE [UNANIMOUS]
MOVER: Mark Bonne, Alderman SECONDER: Tuffy Quinonez, Alderman AYES: Tim Durkee, Tuffy Quinonez, Gabrielle Torina, Mark Bonne ABSENT: Bill Rose |
a. Variation to increase the fence height from four (4) feet to six (6) feet within the front yard along Shenandoah Avenue; and
b. Variation to allow a chain-link fence with plastic slats within the front yard along Shenandoah Avenue in an R-1, Single Family Residential Zoning District at 904 Shenandoah Avenue (Stephanie Jones Sullivan/Applicant).
A MOTION was made by Ald. Durkee to SUSTAIN ZBA. The motion was SECONDED by Ald. Quinonez.
Ald. Bonne asked if the house was completely fenced in. Mr. Capovilla provided some pictures of the house, and noted that plastic slats were put into a chain link fence, which is a violation.
| RESULT: SUSTAINED |
a. Approval for a Modification of an Existing Liquor License for the Sale of Packaged Liquor (PKG) and a Tobacco License to add additional corporate owners for a total of four (4) corporate owners; and
b. Denial for the request to remove restriction on minimum ounce requirement for single serve bottles of liquor; and Committee recommends approval of:
c. The request for change of store hours to 24 hours a day and add video gaming terminals in a C-3, General Commercial Zoning District at 542 and 634 North Lyford Road (Sunny Elengical/Reetha Elengical/Ajithkumar Asokabhavan Krishnan/Anil Krishnan/Star Petroleum, Inc. dba BP Star Petroleum, Inc./Applicants). Subject to conditions. Thus reversing the Liquor and Tobacco Advisory Board recommendation of denial.
The Legal Director shall prepare the appropriate ordinance.
Ald. Durkee made a MOTION to AMEND Item B APPROVING the request to change store hours to 24 hours a day and add video gaming terminals, and remove the restriction on one (1) ounce single serve bottles of liquor for a period of one (1) year allowing the owner to bring the property in compliance with a truck stop, and into compliance with city code(s). The motion was SECONDED by Ald. Quinonez.
Chairman Torina asked the Legal Director for the City of Rockford, Nicholas Meyer to explain why Staff 's recommendation is for denial. Director Meyer explained that the restriction of single-serve bottles of liquor has been the practice of City Council for a number of years, especially for businesses located right off the highway. For safety reasons, it is not a good idea for these items to be purchased and then have individuals get back on the highway. He further explained that these small bottles of alcohol are converted for drug use, and are a source of litter on properties. Director Meyer went on to explain that under the State Statute, a gas station must be deemed a truck stop before applying for a gaming license. Currently, this business' application for a truck stop is pending with the State of Illinois Gaming Board. Therefore, until approval is given by the State of Illinois Gaming Board, the City would not be allowed to issue the business a liquor license with gaming. It would be more appropriate for the business to receive their truck stop status first. Director Meyer also explained that if Council approved the one-year stipulation on the liquor license, it would not be an easy process to repossess the license a year, or two (2) later. Whenever a business is licensed, there are some due process rights that are attached. He again stated that it would be best for the business to receive its truck stop status from the State of Illinois Gaming Board first.
Ald. Quinonez asked if a truck stop had to have a pouring license. Director Meyer stated that they do not, and he went on to say that Staff is also concerned that if these requests are approved, other gas station owners would be requesting gaming as a part of their packaged licenses while indicating that their intent is to become a truck stop in the future. This would create a number of establishments having video gaming stickers in limbo for an indefinite time period. Director Meyer reiterated that the better process would be for businesses to get approved for truck stop status from the State of Illinois Gaming Board, and then request a liquor license/gaming from the City of Rockford.
Ald. Durkee commented that this business has struggled for several years, and at one point in time was deemed a truck stop, and has the capacity to be a truck stop. He voiced his support for the business. He asked if there was a way to come to an agreement on the requests. Director Meyer reiterated that it would be difficult for Council to try to repossess a liquor license under any conditions. Director Meyer pointed out that Staff's recommendation is to approve the addition of the corporate officers, but denial of the other requests.
Ald. Durkee WITHDREW his motion to AMEND Item No. B. Ald. Bonne asked for more discussion before moving forward. He stated that he would support Ald. Durkee's original motion for an amendment to Item B. Director Meyer asked Ald. Durkee to clarify his motion. Ald. Durkee explained that the intent is to give approval, but denial of the request to remove the restriction of minimum ounce requirement for single-serve bottles of liquor, with the intent that the video gaming license will be held until the owner gets his truck stop status, and cleans up the property.
For the record, Director Meyer stated that the request that Ald. Durkee is asking for is as follows:
Change of the store hours to 24-hours day, add video gaming terminals, in a C-3 General Commercial Zoning District at 542 and 634 North Lyford Road with the condition that the applicant has one-year to have the video gaming terminals issued, or they will be forfeited, one-year to bring the property into compliance, and get truck stop status from the State of Illinois.
Ald. Bonne wanted to know if the business is currently selling single-serve bottles of alcohol. Mr. Capovilla stated that he did not believe so. However, Staff has documentation that they were previously sold.
Ald. Durkee again reiterated his support for this business.
Ald. McNeely asked about the request for the corporate owners. Director Meyer explained that the request for the officers was not up for discussion.
Ald. Durkee that Director Meyer’s clarification of the motion was correct. Ald. Bonne SECONDED the motion. The motion for APPROVAL of the amendments PASSED by a vote of 4-0.
A MOTION was made by Ald. Durkee TO SUSTAIN LTAB's recommendation of APPROVAL for Item 4 a. and 4 b. with the amendments. The motion was SECONDED by Ald. Durkee, and CARRIED by a vote of 4-0.
Approval is subject to the following conditions:
1. Must be a licensed truck stop establishment, as defined under the Illinois Video Gaming Act, as evidenced by a license issued by the Illinois Gaming Board and meet all requirements for issuance of a City of Rockford Gaming Permit and video gaming terminal (VGT) stickers.
2. Compliance with all City of Rockford Code of Ordinances including all Liquor, Tobacco, Building, Zoning, and Fire Codes.
3. Must meet conditions 1 and 2 prior to issuance of the City of Rockford Gaming Permit and VGT stickers.
4. Must meet conditions 1 and 2 within one (1) year of approval of the requested modification of the liquor license. Failure to meet conditions 1 and 2 will result in automatic forfeiture of the class VGT post-script (“-VGT”) on the liquor license and any right to issuance of a City of Rockford Gaming Permit and VGT stickers.
5. Subject to conditions 1-4, the proposed use and facility shall be limited to five (5) video gaming terminals.
| 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 |
Ald. Bonne wanted to know who the request came from. Michael Hakanson, Land Acquisition Officer for the City of Rockford stated that the request came from the City of Rockford Community and Economic Development Department.
Ald. Prunty asked why was this property being put up for sale. Karl Franzen, Director of Community Development explained that someone is interested in purchasing the property. Information regarding the use and purchase price will be given at a later date. Ald. Prunty asked about the possible uses. Mr. Franzen stated that the parcel is zoned as an industrial use. Once a bid is given, it will go before Council for approval. Staff expects to get market rate on this property, but it was noted that no appraisal has been done at this time.
| 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 |
There was no discussion on this item
| RESULT: APPROVED BY COMMITTEE [3 TO 1]
AYES: Tuffy Quinonez, Gabrielle Torina, Mark Bonne NAYS: Tim Durkee ABSENT: Bill Rose |
1. 2022-207-R - Committee recommends approval of Tour De North End
This event is scheduled for September 24th from 11:00 a.m. – 7:00 p.m. in the Olympic Tavern Parking Lot located at 2327 North Main Street.
There was no discussion.
| RESULT: APPROVED BY COMMITTEE [3 TO 1]
MOVER: Tuffy Quinonez, Alderman SECONDER: Mark Bonne, Alderman AYES: Tuffy Quinonez, Gabrielle Torina, Mark Bonne NAYS: Tim Durkee ABSENT: Bill Rose |
This event is scheduled for September 24th from 4:00 p.m. to 7:00 p.m. at the Laurent House located at 4646 Spring Brook Road.
There was no discussion.
| 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 |
This event is scheduled for October 20, 2022 from 6:00 p.m. to 9:00 p.m. at the City of Rockford Wellness Center Garage located at 120 North 3rd Street. There was no discussion.
| 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 |
November 25 – 27, 2022 5:00 p.m. – 11:00 p.m.
December 1 – 5, 2022 5:00 p.m. – 11:00 p.m.
December 8 – 11, 2022 5:00 p.m. – 11:00 p.m.
December 15 – 23, 2022 5:00 p.m. – 11:00 p.m.
December 24, 2022 – 24 hours
December 25, 2022 – 24 hours
December 26, 2022 5:00 p.m. – 11:00 p.m.
December 31, 2022 5:00 p.m. – 12:00 a.m.
The festival will be held in Sinnissippi Park located at 1401 North 2nd Street There was no discussion.
| 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 |
This event is scheduled for November 26thfrom Noon – 9:00 p.m. The 5k run will begin at noon. The parade step-off time will be at 1:55 p.m. The parade route will begin at Main and Green Street, and will end at State and 3rd Street. The tree lighting and fireworks portion of the event will begin at 6:15 p.m. Street closures will begin at 5:00 a.m., lots 3 and 10 will be closed on Friday, November 25th at 4:00 p.m.
There was no discussion.
| 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 |
1. Second Quarter Report from April - June 2022 on Liquor License Establishments with Video Gaming, subject to the 50% requirement
Assistant City Attorney Megan McNeill reviewed the quarterly report. She noted that Spinning Slots is still on appeal with the Illinois Liquor Control Commission.
With no further business before the Committee, the meeting was adjourned
http://rockfordcityil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2170&Inline=True
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