Good evening.

We will call to order the City of Rockford's special city council meeting for Monday, February 9th, 2026.

Clerk, could we please call a roll?

Turkey.

Toomberg?

Frost?

Terina.

Prentice?

Wilkins?

Hoffman?

Granit.

Beach.

Salgado.

Meeks.

Bell.

Bonnie.

Here.

13 present.

Excellent.

We will go to new committee report.

Alder Woman Hoffman.

Thank you, Mayor.

I move to reconsider the proposed amendment to the development agreement with First Midwest Group, Michesney Investment LLC, and McDonald's for the establishment of a McDonald's at 4103 West State Street in the amount of 200,000.

We have a motion.

We have a second.

Is there any discussion?

No discussion.

I believe Director Hammer, could you tell us would that come up next week?

Thank you, Your Honor.

Yes, that's correct.

The motion to reconsider would be voted on at next week's regular council meeting.

It will be placed on the agenda to comply with the open meetings act.

Okay.

Thank you.

So we're gonna continue on new committee reports.

Uh we have nothing under planning and development, so we'll go to code and regulation committee.

Alderman Bonnie.

Thank you, Mayor.

We have one item.

Uh a final plat of Mercy Health Rockton Campus Subdivision.

A request has been made by the developer to combine nine existing parcels, splitting them into two lots so they may sell the former Rockford Memorial Hospital building.

Council, we have uh one item before us.

Is there any discussion on that one item?

Alderwoman meets.

Thank you so much.

I'm just curious.

I thought that this property was already sold for a dollar.

Thank you.

Uh which one would like it?

Mr.

Cagnoni first, and then we'll go to our legal.

Thank you.

Uh Chairman.

Umderwoman.

Uh you you are correct.

Um that it is our understanding that there has been a transfer of the property from Mercy Health to the not-for-profit.

The City of Rockford was put on notice of that transfer that took place without a subdivision plat.

Uh, we raised some concerns related to compliance uh with our codes and ordinances as well as the Platts Act, uh, which then had us have communications with the attorney representing um the the applicant um to re-establish advancing forward the subdivision plat.

Uh much of those conversations took place uh last week.

Um and that's why we put the item uh on the committee tonight as well as the city council meeting.

Um do we typically approve plates if there are code violations on the building?

So I don't know if I can think of an example uh related to that.

Um but you know what's before us is a subdivision plat.

Um I don't believe it would be within the purview of the subdivision plat to deny it for uh potential violation of the a building code uh violation.

We are we have been made aware of some circumstances in the building as of last week, and we are currently in the process of verifying how those issues have been resolved, but have not completed an inspection uh to verify uh the situation.

Yeah, I just I just kind of want to understand that because my comfort level is on edge right now if there are issues within the building, and and I know that this is just kind of technicalities, approving plats and things like that, but if there is any leverage to be had with regards to how this kind of all plays out for this particular building.

There's there's just a lot of concerns in the community, and so um this is a you know when you see this kind of come across the desk, it's you kind of want to pause a little bit and make sure that all the T's are crossed, dot you know, I's are dotted, and so that is something that I'm very concerned about with regards to that particular building, especially knowing there are other buildings in this community that have had issues.

And so this is a, you know, when you see this kind of come across the desk, it's you kind of want to pause a little bit and make sure that all the T's are crossed, dot you know, I's are dotted, and so that is something that I'm very concerned about with regards to that particular building, especially knowing there are other buildings in this community that have had issues.

So if we can catch it, I'd I'd love to be able to do that in this instance if possible.

So just want to make that comment.

Thank you.

Thank you.

And Mr.

Cagnoni, uh, and we have uh other questions, but could you address just from committee?

Uh there were some questions regarding uh it being the 60th day, just what transpired to that point.

I guess either Director Hammer or Yeah, uh Chairman.

You know, much of what I discussed in regards to what had taken place um has been taking place for several weeks and and months, and quite frankly, I I think the urgency of moving the plat forward um on Mercy Health, you know, died off when they um transferred deed to the property um earlier um I well I believe it was in January we became aware of it and we put the county on notice, which resulted in a notification that went to them last week.

Um and I certainly understand the concerns of Alderwoman Meeks.

Um, you know, Director Hammer and I, as well as our team members have reviewed the situation to try to determine what's puts the city and the community in the in the best position and came to the conclusion advancing forward with the plat with the conditions of approval that we've recommended is the the best position in our opinion, um, which wouldn't preclude us from you know further action related to potential building code violations.

And I can tell you that we just found out about a potential concern related to the building last week.

Um it spoke to representatives of the not-for-profit that verified uh some of the steps that were were taken.

Um it's a little bit unclear in regards to what that verbal response fully entails and why we believe we need to take additional action to get into building to verify whether there is an issue or not.

Um and I can't say whether there is, it's likely that the issue could have been properly resolved and not a concern, or there could be additional steps that the property owner will need to take.

Okay.

Thank you.

Alderman Bell.

Thanks.

Uh, just want some clarity on the uh how do we get to the 60-day mark with this?

This is the first time that I'm I'm seeing it.

Um we have a special meeting today to approve it.

So uh like many other things, just I mean, have con have I have uh great hesitancy when it comes to just taking a vote with no little to none and no information.

So I mean I thank you for explaining what you can today, but would would definitely like some more time on this given the fact that uh this has been a hot button topic in our community?

Mr.

Cagnum?

I I certainly understand Alderman.

You know, this item was uh originally referred in 2025, it was actually on the committee back in 2025, and we pulled it off based on some additional issues that our team was reviewing and has been ongoing communication with either the attorney representing Mercy Health or the engineering firm that's preparing the subdivision plat for for them.

Um and it wasn't until last week that we had these conversations with the attorney came forward with some language that we both could agree on to advance this forward.

Gotcha.

I I mean I'll speak for myself, obviously on here, but I think that that could have uh maybe been communicated with us as alderman via email uh so that we are caught up to speed before taking a vote today on this item.

Thanks.

Alderwoman Hoffman?

I got my question answered, thank you.

Okay, Alderman Frost.

Sure.

Just so I'm clear on this, uh, and I don't know if this is for our legal director, Mr.

Cagnoni.

Um the only thing we've been from is is uh basically approving a a plat uh a subdivision plat.

And frankly, it would have nothing to do with the with you know the hot button issues related to I mean what going back some time on the on on the viability or use of the of the property or and or the sale of the property to uh to um anybody and with respect to a code violation, if there is a code violation, that would be something mutually exclusive from the plat subdivision that the city could still pursue against the whoever may own whatever part or parcel, correct?

Director Hammer?

Thank you, Your Honor.

Uh yes, Alderman Frost, that's correct.

There are limited factors for city council members to consider when approving a final plat.

Um those include um the the notes in items A and B in our recommendation, um the sufficiency of drainage and detention facilities as well as compliance with the applicable rules, regulations, and codes.

So any other discussion?

Alderman Bonnie?

Thank you.

So just uh I'm not sure that any staff can answer this, but if anyone were any to vote to deny the plat, how how would that change the situation with the transfer of the property or would it and would it have any impact on that?

And if we were to deny the the um the request, what you know would be the likely uh result of that from uh particularly from a legal standpoint.

I think this was covered a little bit in committee, but just to reiterate.

Good to have it reiterated.

Uh the first part of that.

And then I'm gonna defer to to Director Hammer to answer the last part of it.

Umice raised the concern to the county, which resulted in a notification to the property owner or related to the recording of the deed that they previously did.

Um there's the presumption that there's a cloud on that title, and the property owner would want to resolve um that issue as well as be as in compliance with any rules and regs of the city of Rockford.

Could they potentially resolve that outside of this platting process?

It is possible that they could go um make any necessary adjustments related to the sale of the property, make sure they're compliance with the platsoft and sort of back up any adjustments that they may or may not made related to the deed that's already been transferred from what we understand.

Um so I think they could correct it.

However, because of the the notes we have on the plat is part of the reason that we have brought this forward and recommended um approval because we believe it puts the city um in a better position as well as the the community on putting everybody on notice um in regards to how this property developed prior to our extent um rules and and regulations as it relates to what happens if it's denied, I will defer to Director Hammer on that portion.

Director Hammer?

Thank you, Your Honor.

There is a mechanism in the statute that allows the applicant to file a motion for summary judgment in circuit court whereby they ask the court to enter an order uh requiring the plat to be recorded as if it was approved.

It has the same um effect as if we had approved it.

But if as administrator uh cagnoni indicated, uh we feel that adding the the condition as a note puts us in a better position given the concerns um by city council as well as the community regarding this property.

Thank thank you.

So I think that really spells out that the conditions really are the key and the reason we should approve this.

Thank you.

Any other discussion or questions?

Clerk, will you please call the roll?

Durkey.

Toomberg?

Aye, Frost, Karina?

Printy?

Wilkins?

Aye.

Hoffman?

Aye.

Graneth?

Beach?

Solgato?

Meeks?

Bell?

Bonnie.

Thirteen eyes.

Thank you.

Uh next uh the appointments are laid over till March 4th.

Is there a motion to adjourn?

Sir, second.

We have a motion, we have a second.