Planning and Zoning Commission - Regular Meeting

right away into each of the three lanes. And then another pillar at the bottom of the bike trail on the far side, and then pulling up, going across as well, being quickened. Coming over and requesting, in the middle of this bridge, putting another set of pillars. This is considered a bridge of G, Considered a bridge of day, another section up from higher engineering. Requiring another set of pillars in the building. For the two and aisle, the two and the light. The one that lights up, that's like your third grade, but it doesn't light up on the side like this, commercially. I'm requesting heating sections as well, coming up from Iowa, coming up from Illinois, up the hill, trying to keep the bridge in the river time. No thoughts on the snow and ice situation. I'm requesting approval over the monorail section going to Iowa, to the Rock Island Station, so that the No. 69 can keep the monorail. But I was told from Russia U.S.S.R.s, they've been giving their representatives $600,000 more a year. Some of them are currently in the political office to help pay for monorail in communities that block monorail. Representatives, senators they have in, how they've been doing it. Thank you.

hearing none we do have a lot of business tonight so we'll get right to it uh first approval of the may 4th 2026 meetings is there a motion to approve motion to approve second motion by mavis second by prager any discussion hearing none all those in favor say aye aye opposed motion carries uh there being no old business we'll turn right to the public hearings And for all of the public hearings, I would ask that the applicant please come up to the podium after Tanner has given the staff report to answer any questions and give any statements that you'd like to make. And then if anyone's in favor or against the request, we will have an opportunity for everyone to say their piece. I do ask though that you just not give redundant testimony as we're trying to get through this all. first item is 2026 number 11 public hearing request from lori kilcoyne to consider a variance from the rock island zoning ordinance in an r1 residential district for property at 40 27 24th street tanner okay so lori kilcoyne is requesting a variance to allow an intermodal container to remain on the property at 40 27 24th street uh the

Intermodal container is currently in the applicant side yard. They're wanting to move it to the rear yard at present. You know, this was discovered during a complaint. Staff informed the applicant that a variance would be needed and required for the intermodal container to remain on the property. the subject property is located north of rock island fitness activity center and contains approximately 32 000 square feet the site slopes up approximately 10 feet from street level the property is developed with a split level single family residence containing approximately a little over 1500 square feet of living area The primary facade faces 24th Street and vehicular access is provided from 24th Street as well. The city's comprehensive plan designates the property as single family residential. There is no zoning history for the property. the applicant wishes to maintain the intermodal container in the rear yard of the property like previously stated intermodal containers of this type are not permitted in residential zoning districts now for the staff analysis looking at the standards of approval here a variant shall only be authorized if two of the three conditions in the zoning ordinance are found the applicable conditions along with the staff analysis and the conclusion are as follows For condition number one, staff find that the inability to place a shipping container in the backyard does not prevent the owner from utilizing the property for its intended residential purpose. Standard wooden sheds are permitted and provide the same utility without violating the code. For condition to the property slopes approximately 10 feet is in a slightly above street level. However, these conditions are common in the area and do not justify the use of the intermodal container. Further, the container has been on or near the property without approval and existing code violation is not considered a unique physical condition of the property and does not support granting of the variance. And for the last condition, condition three, the surrounding area consists of single family homes and conservation land. Introducing an intermodal container designed for freight into a backyard is inconsistent with the visual and aesthetic character of the residential neighborhood. Granting this would set a precedent that could allow industrial aesthetics to increase throughout the city's residential neighborhoods. The staff recommendation here is to deny the variance as it is not needed for the property to yield a reasonable return. There are no unique circumstances and the container will alter the character of the neighborhood. If the commission decides to approve the variance under different findings, staff have no recommended stipulations.

Thank you, Tanner. Is Ms. Kilcoyne here? Would you like to speak in favor of your application or add anything to what's already been said?

Yes, when we purchased the container, we were told to go to that city, the city of Rockville, and the inspector was going to have it. We told them exactly what it was. We told them our purpose for it. Our purpose had been laid because of health problems with my husband but we had always intended to make it an outdoor rec area i have some pictures here sure this is what we would like it to look like

This is the paint swatch and the paint of the house. We're going to paint it house color. I already have that and paint. This is the backyard. We have the benches set up to where the press container would be. The background would be where this would be where the container would sit.

So it's the existing container that's there that you want to move in the backyard? Yes.

Okay. And that's just another picture showing towards the house.

And you are going to put siding on it?

Well, we can put siding on it, but we have the paint. Most colored paint, but we're very willing to use whatever is necessary to keep it. But we purchased direct metal paint, a DTM by Sherwin-Layles. Okay.

Can you go back? We're recording all of this, so it's very important that we get your testimony on the record. We'll pass the pictures and give them back to you at the end.

We're just trying to...

I was in a horrible car accident last year. I broke a bunch of bones. Just kind of put it on. You know what I mean? I think we're done for this. Okay, thank you.

Is there anything else you'd like to say, Ms. Copeland?

No, I'm just happy.

Thank you.

Thank you. Thank you. Thank you.

Thank you. Thank you.

We're probably 30 years just sitting there. We don't intend to have this rot or actually use it for storage. There might be some storage in the winter, but it's part of our backyard for us to enjoy our backyard. I'm a union millwright by trade. I will do all the modification myself. And I personally know if I go out and spend $2,000 on a shed, my grandkids can ride their bicycle through it. You're not going to do that with that sea can, and it's about the same money. Cost-effectively, I can't beat purchasing that, modifying it, putting my hot tub in it so I can use it as compared to trying to purchase and build something. I'll be in the $10,000 to $15,000 range, nowhere near the $2,000 range it would cost me to buy that sea can.

So are you going to contain the container? I mean, you're going to... Have you seen that finished picture? I see the drawing, but...

So there's gonna be a 12 by 12 gazebo sitting right in front of it. We're gonna put a door beside the gazebo. And then there's gonna be a, what is it, 12 by 20 patio. So I don't know what you're asking about containing.

I think he's asking if you're gonna build something around it, like basically a shed around the container.

No, we're gonna put a fence around it, but we're not gonna put, it's just gonna have a gazebo, a hot tub, patio.

Sir, while you're talking, we need you to stand by the wife, and we need one person to talk at a time. Please continue.

I just said no, we're not gonna build it into a shed, we're not gonna build a shed around it. It's gonna be that, a gazebo, and a patio. And I was told that I'm under the understanding that RIFAC sent a statement saying that they're not opposed to it.

That is correct.

Any other comments from the board? Questions to the applicant?

Why did you go with the container to begin with instead of ?

Like I said, I'm a union millwright. When I bought the house, the first thing I did is I had a 200 amp service put into my garage and upgraded my house for my welders. I've been doing it for 20 years. I plan on all the work, cutting the openings, welding the steel back in, mounting the wood, mounting the doors. I plan to do it all myself. So it's part project because I'm about eight years from retirement. But I can't beat it. I can pick that thing up. As a union millwright, I can fly that with a crane with four hooks, and it's not going to buckle. I mean, structural integrity, you can drive a forklift in them. So to put that on the ground and build that into what I need, a seashed, to put our hot tub, I just can't beat it dollar for dollar and starting. I'm very willing to do whatever necessary on the ground if you would like me to pour gravel and or a concrete footing on each end of the sea can to lift it up off the dirt. I mean, I'm very willing to go through whatever necessary steps to keep it. When I talked to the city, I was told 200 square feet or less on a shed, you didn't have to ask permission. My understanding is I didn't also contact the zoning department. I apologize, but the sea can is 20 by eight. It's 160 feet. I thought I fell within the rules. We purchased it. We put it on there. And as you can see by all the pictures and stuff, we purchased the paint two years ago. We have the gazebo. We've had that for over a year. But I was in a horrible car accident last year, and it just kind of slowed down the process of us actually accomplishing it being finished i don't plan just to have a ccan with the word hyanda on the side of it 18 from the side 18 feet from the side of my house forever the intention was for it to be something else thank you and sir would you state your name for the record as well please my name is chris kilcoyne i'm lawyer's husband okay thank you thanks is there anyone in the audience that wishes to speak against this application

Anyone else for the application? Hearing none, is there a motion?

I will move that I appreciate the staff report and I will move that we follow that recommendation and deny the request. I can speak to it if someone seconds it. I'll second it. motion by moline second by mavis to deny the request i think the point is particularly for item three is very important the surrounding area does consist of single unit homes and introducing this kind of a container there sir can you sit down please

And the fact that it was, as they made clear in other cases, the fact that something has been there in a non-conforming way in the past does not mean that we somehow need to have it continue. And the last statement is very important for his partners and others to know. If one would approve this, the precedent could allow industrial aesthetics to increase in other neighborhoods.

Any other discussion? Hearing none, roll call, please. Mavis?

No.

Well, the motion was to deny a request. Yes, sorry. So I just want to make sure we're clear on that. Okay, so you are- Motion to deny. Moline? Yes. Kreger? Yes. Zaurats? Yes. And Riggs both, yes. So that's five ayes to deny motion. Thank you. Next item, 202612, public hearing request from Jonah Salas-Hines to consider a variance from the Rock Island zoning ordinance in an R1 district for property at 2100 20th and a half avenue. Tanner.

Jonas Salas-Hinds is requesting a variance to replace a four foot tall fence with a six foot tall fence on the property at 2100 25th and a half Avenue. The applicant is requesting approval to replace the existing fence located in the front yard along 21st Street with a six foot tall fence in the same location. Staff informed the applicant that a variance would be needed to do this. The subject property is located predominantly in a residential neighborhood and contains a little over 13,000 square feet. It sits slightly above street level. It's a one story single family residence containing just under 2,000 square feet of living area. The primary facade faces 20th and a half avenue and vehicular access is provided on the same avenue as well. It is designated as single family residential in the comprehensive plan as well as the surrounding neighborhood. There is no known zoning history for the property. This request is needed because fences located in the yard adjacent to a public street of residential zone property shall be no more than 4 feet in height. For the standards of approval and analysis, for the first one, the lot is currently used as a single-family home. A four-foot fence still provides some privacy and security and does not interfere with the homes used for residential purposes. Not allowing a taller fence is only a matter of preference, not whether the property can function as a home. Staff reason the property can still yield a reasonable return without granting the variance. So that condition is not met. For condition two, the home is positioned in such a way that the area functioning as the backyard fronts 21st Street. In most standard zoning lots, residential zoning lots, a clearly defined rear yard exists where a six foot tall privacy fence is permitted by right. However, due to this double frontage configuration, the property does not have a typical rear yard area suitable for the standard privacy fencing. This condition is not typical of other residential properties. Staff finds that this constitutes a unique circumstance. And for the last condition, staff reason that the fence height will not alter the character of the neighborhood if it's replaced in the same location as the forefoot fence. The fence is generously set back from the right-of-way and maintains a residential aesthetic while granting the owner privacy possessed by others in the vicinity. So that condition is met as well. So our recommendation here is for the commission to approve the variance as there is a unique circumstance and the fence height does not alter the character of the neighborhood. Staff also recommends the following stipulation that the six foot tall replacement fence be installed within the existing four foot fence footprint there.

Thanks Tanner. Would the applicant like to come to the podium? Good evening. Is there anything you'd like to say in support of your application?

Just with the original footprint, like with that recommendation, is there any variance to that? There's a lot of concrete footings, so if we do put another one in, it might have to move forward or back a little bit. I mean, within a couple feet of the original footprint. That's about it.

Sure, moving closer towards the house, that wouldn't change our recommendation. If you're farther away, I'd leave that up to the commission and their recommendation there.

Anything else, sir? Is there anyone else that would like to speak in favor of this matter? Is there anyone in the audience that wishes to speak against this application? Okay, go ahead. Okay.

Correct.

Any other questions?

Is there a motion? Is there a second?

I'll second it.

Motion by Sarth, second by Prager to approve. Any discussion? Roll call. Saris? Yes. Kreger? Yes. Moline? Yes. Mavis? Yes. Riggs votes aye. Five ayes, no nays. Motion carries. Thank you. Next item, 2026-14, a public hearing request from Steven James Warnick to consider a variance from the Rock Island zoning ordinance in an R1 district for property at 2024 32nd Street. Tanner?

Okay, so Mr. Zabornik is requesting a variance to construct an accessory structure that will be larger than his house on the property. The applicant, this variance in particular, is to build an accessory structure that will be 620 square feet larger than the house. So the subject property sits predominantly in a residential neighborhood and is approximately just under 17,000 square feet. The site slopes up and sits slightly above street level. The property is developed with a one story single family residence constructed in 1920 containing approximately 660 square feet of living area. Vehicular access is provided from the alley. The city's comprehensive plan designates the property as single-family residential as well as the surrounding neighborhood. So a variance is needed here because accessory structures cannot be larger than the principal structure on the property. So now onto the staff analysis. For the first condition, staff find that the property is currently being utilized for its intended residential purpose. Denying a 12,000 plus square foot structure does not prevent the applicant from building a code compliant accessory structure up to 660 square feet. Staff reason the property can yield a reasonable return without the variance as the property remains functional as a residential use under current regulations. For condition two, hardships must be physical and inherent to the land, such as steep slopes, unusual terrain, or an irregular lot shape. The subject property is a standard rectangular lot. There is no evidence of any physical hardship related to the land itself that necessitates such a large structure. Staff reason it is a matter of personal preference rather than a hardship inherent to the property. And for the last condition, granting this variance would make an accessory building larger and more prominent than the house, which is contrary to the intent of the zoning code. Homes in the surrounding neighborhood generally have smaller accessory structures that remain secondary to the principal structure. A 12,000 square foot building next to the 660 square foot home would be out of character with the scale and appearance of the surrounding residential neighborhood. so the staff recommendation here is that the commission deny the variance as the property can yield a reasonable return with a smaller structure there is no unique circumstance and the structure will alter the character of the neighborhood thank you tanner is the applicant here would you like to speak

Good evening.

Good evening, sir.

I'm Stephen James Zabornik. I live at 2024 32nd Street. And I would like to address the same standards for approval and analysis that Tanner did. Is there something I should do differently here for that feedback?

Our system is just a little screwy right now. It's not your fault.

So as far as a reasonable return, I would assume that a reasonable return would on a residential property would be that its inhabitants enjoy a healthy and happy life. not just that they are residing somewhere you can reside anywhere but a home is something more than a residence our home and it is our home it's cozy it's 660 square feet and i don't know if you all have ever spent time in a small cottage but it's more of a cottage than a house we love it we love our home it's cozy We have limited room at home to pursue our interests. We both have space elsewhere in the Quad Cities that we pursue our interests. I do woodwork downtown. I have a 500 square foot shop on Fifth Avenue I rent, and has an artist studio in East Moline that she has to commute to paint or create a sculpture. It's quite a ways to go. so our personal interests art and woodwork uh this building would provide room for our pursuit of happiness at home um and it would also coincidentally house our automobiles and get them out from the weather so that's my my uh the first condition the second condition um Our quote plight is that our home is substantially smaller than any other home in the neighborhood. It's small. We've got the largest yard in the smallest house. We're actually on a triple lot. So if you look at the area, we're three times as wide as most of the narrow lots that are on our block. So while our home is small, our property is of a sufficient size that the proposed building as illustrated on the television there. It wouldn't encroach on the house or on property lines. And where it's, I propose that it be situated on the southwest corner of the lot is to the west are garages, to the south is a large empty yard. to the east is a lot of yard before 32nd Street. And you can't see where the garage is currently on this rendition, but there's a photograph of the garage that currently stands which is considerably past its prime the slab that it's built on is at grade and crumbling um i repaired the garage because it's already there after the tornado several years ago i put a new roof on it just to limp us along until we could afford to build something new and now we're in a position to afford to build something new something that's more fitting our needs at home there So that garage would be demolished, which would create more open space between our home and the proposed structure. The third condition is about the essential character of the locality. And I think that that's important. I recognize that we live in a society, and I think it's important to act like it. And it's been my goal to be a good neighbor from the moment that we bought that home. After said tornado, I cleared the street with my chainsaw and I've tried to be a good neighbor, a useful neighbor. And so what I have to say to that is that the lot is large and that the proposed building is set well back enough from the street. It's not larger than any of the other buildings in the neighborhood. the smaller garages it is, but the primary structures throughout that neighborhood are larger than this proposed structure. So I'm not proposing some monstrosity or a pole shed. I'm suggesting something with some architectural character and a professional fit and finish to the exterior, either cedar shake or board and batten siding. It'll be built professionally to code and set back from the property lines. The minimum is six feet, probably more. And I would propose that by replacing the garage that we currently have, the proposed building would not only improve our property, but it would improve the neighborhood. And I think that's... Well, the original rendition of the building, one can see that it's not just a pole shed with a 410 roof pitch and steel siding. I'm proposing something with a little bit of character and class to match the aesthetic of our home already, which is brick with a cedar-shaped siding on the end walls. I think that is about all I have to say about it.

Thank you, sir. Is there any questions on the app?

Yes, but to make the point about the size of your house compared to the other, but knowing also the scale of the neighborhood, which we have to think about. And because, again, precedent can spread throughout the city. Why wouldn't a 660 foot square foot addition, which is compliant with the area, why would that not be sufficient? It already apparently would double the space that you have available.

I can speak directly to that. If you bring up the, can you scroll to the rendering of the proposed structure?

Yes.

My proposal is that on the ground floor of this sketch, the narrow section with the higher roof pitch is a 600 square foot woodworking shop on the first floor, just for personal use I might add, not professional, no business, just my own personal adventures in woodworking. and that the lofted area be a sewing studio and painting studio for my wife. And initially, I wouldn't even want to enclose the lean-tos there, the parts with the 412 roof pitch. That would be to park cars underneath. I can't park my car where my bandsaw or my table saw is. And I'm a full-time book buyer and seller. I own Source Bookstore with my partner, Ann. And I have limited time to do woodwork. And while one can park a mobile table saw or jigsaw in their smaller two-car garage and roll it out of the way and so forth, one can't walk in and out of the project space and pick up where they left off before if they have to set up shop to use the shop. I could build it without the lean-tos, I suppose, 660 square feet, but I'm proposing to do the dirt work and hire professionals and pour concrete and have heavy equipment on the property and so on and so forth. And I'm in a position to build, to invest the... resources for materials and labor to build a structure, it seemed to me wise to add those lean-tos on the side to use as carports. I couldn't find an artist render, I didn't hire anybody to draw this picture, I couldn't find an artist rendering where it was just lean-tos on the side. And I'm proposing that what I would call like the main part of that building be a conventional stick frame construction on a thickened slab and that the lean-tos be built more like a carport out on piers. Did that answer your question, sir? It was a little long-winded.

Yeah. In part, I mean, there is the rule that it's an acceptable sign.

I do. Can you speak to me why this proposed structure is dangerous or why it would upset the neighbors? I don't think that having a building professionally constructed is dangerous.

Mm-hmm.

Agreed. I apologize. I didn't mean to be argumentative. Is there anyone else in the audience that wishes to speak on this topic?

Yes sir.

Thank you.

I couldn't quite hear if I'm advocating to approve the variance, because that's what, anyway, I'd like to speak.

But that's the position you were interested in at this point. Sorry, my microphone keeps making a lot of noise, so I turned it off.

My name is Peter Rucklick. My wife, Vicki, and I live at 2128 32nd Street, which is a block down from Stephen's property. Saturday, my wife and I were at a wedding, bumped into Stephen, who I've gotten to know. We've lived in our house since 2003, gotten to know Stephen and Ann. Just being in the neighborhood, we walk by on the sidewalk, I ride my bike, we drive our car. He's part of the neighborhood up the block. About 10 or 12 years ago, on our block across the street, we had a bad incident with a accessory construction. Accessory structure. And after meeting with Stephen, he talked at the wedding reception to me about this project of his. I'd heard a little bit about it a few months ago, but he said it was up for your decision tonight about a variance. So I dug in, looked at the documents, read them all over, got a little bit familiar with the process. And then on the way down here, I just went to the property and looked at the property. I go by all the time. I go into his yard and talk to him. His dog comes out.

So I'm familiar. It's my neighborhood.

I'm familiar with his house and him. This structure, it's hard for you to feel what this structure, the entrance to this structure is the alley behind the house in the middle of the block, dead ends toward the entrance of this building. The whole thing is hidden in trees and shrubs. So from the street, if I'm on 32nd Street, looking at his property, excuse me, if I'm on 32nd Street looking at his property, there's agricultural growth, there's trees on each side of the sidewalk. It's hard, you see his house in the back, but this area, and then the garage, But this is on the other side of the garage. So this will be tucked into, is the best word I can come into, this area where an alley is coming down this way, which dead ends in the middle of the block, right behind his house. So to me, it was like, as so many things that when I've talked to Stephen about, things that he's involved with, Ian down at the farmers market or Bennett Roz talks or Rob Leva with Hibiscus Ecological Services. He comes up with really innovative creative designs and not just good ideas, but they're good fundamentally and being on the property today coming down and Knowing that this is a large Much larger structure Obviously triggering the code, the variance. But it just feels like it's making use of, you have this entrance, you have this entrance coming down from a 21st Avenue, this alleyway, the street is over here, the houses are here, and this is literally tucked in there, and it's just inviting. Rather than this alley being an alley with garbage cans and stuff, at the end of it, this would just be inviting. And I know Steven, just because of the care of his property, would just do a masterful job of constructing this building and it fits in. And the third point, I'm trying to get familiar with the criteria for not approving it, but that the character of the neighborhood would be degraded. Now, my situation about 10, 12 years ago, across the street from us, Not directly, but anyway, a little bit north. The owner, new owner of that property at that time, put up a, I don't know how to describe it. It looked like a different, a shed, a house with an attic, a little attic in his front yard. His house on the 32nd Street, the houses on the east side on the 2100 block are set back away from the street, big yards. But this building was in his front yard, maybe 10, 15 feet from the street. And it was just odd. So one day I'm coming home from work and Al freezes out there. He's got his tape measure and he's looking at everything, right? And I figure, well, this is coming down. But somehow or another, It passed code. I don't know what, I never talked to Al or whatever. And that structure was such an eyesore for the neighborhood. It was just like, it was a joke to everybody in that neighborhood. This is down the block from Steve. And we had friends that would come down our street, because they would hear about this building, and they would see this odd building. All right, so the bad result was, here was something that met code, which was an incredible eyesore. And the guy eventually sold this house. And before he sold it, he tore the building down, because he knew nobody was going to buy this thing, because of this odd structure. So here we have a situation where this incredible design, great craftsperson, coming up against code but i don't think it comes up against the character of the neighborhood because it's so tucked in there and because his stevens design skills come into play so i would urge you to approve the variants stevens are really Rock Island is such a special place, and we attract special people, projects-wise. And Steven is one of those special people. He has projects he gets involved with.

Sir, we do have a five-minute limit in your path. Yes, so anyway. Thank you.

It's a great idea. I hope you can ponder and act on the variance.

Thank you. Thank you. Would anyone else in the audience like to speak on this topic? Yeah, go ahead.

Peter, on this, as you know, I think when one approves some variances, they are only for that particular owner. And so that is that part of your case that because of Yeah. I agree with, I think, variance is an exception. And you have that power.

And I guess I'm trying to present to you, this is an opportunity to use that power. Even though city doesn't follow this, doesn't follow this, doesn't follow this. Because Stephen and Ann, they're grounded in the neighborhood. I mean, just the way they have... live their yard, their yard lives. And because they're owners, recent owners now of the Source Bookstore in Davenport, they're here. They enjoy Rock Island, they love Rock Island. So I think that scenario is not right.

Question for staff.

The 1280 square foot building, would that specify that it would be that particular detailed architecture or could it be any 1280 foot structure put on the property?

We base it on their proposal. I mean, you're more or less, you know, when staff evaluate it, we're not necessarily evaluating the aesthetics of the building. We're evaluating the size of what's going there. The commission could put stipulations on it as far as what is allowed to be there, though. Correct, but if you wanted a specific character, you could put stipulations on it.

I just want to say that it would be cheaper and easier for me to move way cheaper and way easier and I'm not proposing a cut rate structure I'm proposing an investment because I love our home

Is there a motion on this matter?

I think we should at least take a vote. So I will make a motion to approve the variance request because I think there are unique circumstances given the size of the lot and the proposed architecture. But would add that it be restricted to substantially similar to the drawing submitted. Is there a second? Hearing none, the motion dies for a lack of second.

I'll go ahead and, can I read that please? Sure. I'll go ahead and make a motion to deny the variance, and only because of this reason. Wait a minute, I'm gonna make a motion to deny, and then we can discuss it. I'm gonna make a motion to deny, to deny because almost twice as silent as the existing one, so that's.

Second. Second.

Motion by Mavis, second by Moline. Is there discussion?

Yes. To Mr. Zabornik. I'm going to address this to the board. I just want you to hear it.

I'm going to address this to the board. I just want you to hear it, okay?

There is nothing wrong with you building two buildings, like a 620-foot shop and a 620-foot garage. That would be like...

a compromise of what we're talking about because that's that's not permitted the total square footage of the outbuildings have to be less than the primary structure basically i'll take that back the current code and that's why i'm asking permission to build this building if if i could build two if like if if there were any way around this other than standing here tonight i would have taken that after i apologize that's okay

Do you want to change your motion, or do you want to stand on it? No. Okay. So the motion still stands to deny, and it's been seconded. Any other discussion? Hearing none, roll call. Mavis? Yes. Moline? Yes. Kreger? Yes. Sowers? Yes. Briggs votes nay. So four ayes, one nay. Motion carries. Sorry, sir.

Thank you for your time.

Next item, 202609, public hearing request from Christina Caldwell of Dells Metals Company to consider a special use permit from the Rock Island Zoning Ordinance in an I-1 light industrial district for properties at 1600 Mill Street and 1700 First Street. Tanner.

Okay, so Christina Caldwell of Dells Metal Company requests a special use... request a special use permit to operate a junkyard on 1600 Mill Street and 1700 First Street. The applicant plans to continue storing salvage and scrap metal and materials outdoors in piles no higher than 12 feet, along with transferring and cutting the metal on the properties. The applicant also plans to operate normal business hours with employees sharing time between the subject properties in Bell's main location at 1605 First Street. Special use permit is needed because junkyards are not allowed in the light industrial zoning district. Current zoning standards only allow junkyards in heavy industrial districts, but the use first must be authorized by the Planning and Zoning Commission. It also must be separated from residentially zoned property by 1,000 feet. The zoning ordinance defines junkyards as any open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards. Additionally, there is an existing warehouse building on the 1600 Mill Street property. That building complies with all setback requirements for the I-1 district. The properties are accessed from First Street with traffic arriving via 18th Avenue or 6th Avenue. No new signage, landscaping, or lighting is proposed as part of this request. So this is two separate properties here. The main one is 1600 Mill Street. It's a rectangular shaped parcel bordering 18th Avenue and Mill Street. The property measures 330 by 560 feet. 1700 First Street is an irregular shaped parcel separated by First Street right of way. Both properties are zoned light industrial. The city's comprehensive plan designates the properties as industrial on the future land use map. surrounding zoning districts and land uses. Staff summarized these within 1,000 feet, just given that 1,000 feet buffer between residential zone properties. There are a mix of different zoning districts around besides I-1, including C-1, park conservation, O-1, small office, multi-unit residential, and one to two family unit residential. ADJACENT LAND USES INCLUDE BASIC INDUSTRIAL, GENERAL INDUSTRIAL LAND USES, OFFICES, WAREHOUSING, BOAT STORAGE, AUTO REPAIR, TOWING YARDS, CITY PARK, DAY CARE AREA, MULTIUNIT RESIDENTIAL, SINGLE FAMILY RESIDENTIAL AS WELL AS OTHER INDUSTRIAL PROPERTIES. Future land uses, a similar mix there. In addition to industrial, there is employment, parks and recreation, single family residential, mixed residential as well. So now onto the standards of approval and staff analysis. Just to note here, the commission is making a recommendation since this is a special use permit that will go onto the city council, unlike the previous cases we covered tonight. so for standard a that the granting of the special use will not be detrimental or endanger the public health safety morals comfort or general welfare staff recognize that the applicant has submitted information indicating that the proposed torch cutting operations will comply with the applicable environmental regulations however compliance with those regulations does not establish that the proposed expansion is appropriate from a land use perspective the city zoning ordinance and map is intended to determine the appropriate location and intensity of land uses the proposed expansion would increase the scale and intensity of the existing junkyard operation through additional torch cut torch cutting and storage of scrap metal the city zoning ordinance further emphasizes encouraging the most appropriate use of land protecting areas from incompatible uses and implementing adopted planning policies Staff find that the proposed expansion is inconsistent with these objectives and with the city's adopted vision for the Sunset Business Park as a strategic industrial employment area intended to attract future investment. Additionally, the subject property is within a thousand feet of residential zoning districts to the east. The city zoning ordinance does not allow junkyards along with other industrial uses that have high potential for use conflict to be that close to residences. That residential area is located within a census block group designated by the Illinois Environmental Protection Agency as an environmental justice area of concern. This designation reflects that both the minority and low-income populations exceed twice the statewide average, indicating a community that may be disproportionately affected by environmental impacts. The area is also located within a federally designated opportunity zone. Although the opportunity zone designation is an economic development tool rather than an environmental designation, it reflects the area's need for continued private investment and neighborhood revitalization. Expanding a junkyard in the Sunset Business Park adjacent to these neighborhoods is inconsistent with the city's coordinated objectives of promoting industrial investment while simultaneously strengthening nearby residential areas. Therefore, staff contend that the junkyard expansion is detrimental to the public health, comfort, and general welfare of the surrounding properties. So that's standard, staff find that it's not met. For standard B, that the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted and not substantially diminish and impair property values within the neighborhood. For the staff analysis, the properties in the immediate vicinity, as previously stated, are zoned I1 and C1, along with residential and office zone properties nearby. The light industrial district provides for a wide range of industrial uses, but requires all activity be contained entirely within a fully enclosed building with no external impacts such as dust, smoke, fumes, and odors detectable beyond the property line. staff conclude that the junkyard expansion cannot fulfill the intent of the i-1 district and is therefore injurious to the use and enjoyment of other property in the immediate vicinity the use will not be contained within a fully enclosed building and the applicant has presented no plans to buffer the piles of scrap metal which is a requirement additionally there are external impacts from the cutting of scrap metal such as smoke plumes staff find that the standard is not met For standard C, that the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. For the staff analysis, the comprehensive plan identifies industrial for the site and a mix of industrial, employment, park, and residential areas for nearby properties. The industrial use category includes a wide range of manufacturing, warehousing, and distribution land uses and also notes that either the cities I-1 and I-2 districts are most appropriate to facilitate this use category depending on the location. Again, the property is zoned light industrial along with the rest of the industrial properties in Sunset Business Park. The area is zoned as such in part to lessen external impacts due to its close proximity to residential neighborhoods and the Mississippi River. Further, the Sunset Business Park Plan from 2000 envisions the area to be for local and regional trucking, warehousing, multimodal terminals, and manufacturing uses. The plan also identifies barriers to redevelopment, noting that the physical appearance of the area in some locations presents a negative image. More recently, the city's Port District Master Plan identifies the area as a strategic location for future industrial development. That master plan emphasizes preparing industrial sites capable of attracting modern manufacturing, logistics, and other employment-generating industries. The junkyard expansion does not fit these use categories nor other redevelopment strategies identified in the city's planning documents. Therefore, staff conclude that the expansion does impede the normal and orderly development and improvement of the surrounding property. So that standard is also not met. For standard D, that adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. For the staff analysis, the property is accessed via First Street with one access point available to the 1600 Mill Street property. Staff reason that this is proper access and there's also adequate utilities and drainage provided on site. However, the applicant has provided no plans to screen the scrap metal piles with a wall or fence if the use is allowed, which is a necessary requirement. So staff find that this standard is not met. For standard E, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Staff contend that the use will not increase traffic congestion outside what is expected in a light industrial zoning district. The use likely produces a moderate level of traffic that is consistent with other industrial uses. So staff find that this standard is met. For the restrictions that you should be consistent with the district in which the use would normally be located except as maybe modified the city council staff is recommending denial of this request based on our analysis, however, the commission decides to recommend approval under different findings, a draft ordinance is provided with recommended stipulations. And then for the last standard G, that the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by city council. For this one, staff note that the special use will be required to comply with all other applicable city ordinances if approved. and then our recommendation of course is to deny have the commission pass a recommendation to the city council to deny this we have included some alternative options there for the commission and also a draft ordinance that staff would recommend if the commission decides to approve it thank you tanner would the applicant like to speak to the board yes

Good evening.

Good evening.

Hey, Mr. Osser, or Ossing. Osser was my math teacher.

Sir, would you state your name for the record, please?

My name is Robert Duckles, and I represent Dell's Metal Company with regard to the SEP application that my office submitted. Here with me this evening are Christina and Tommy Caldwell, who are the owners and operators of Dell's. Additionally, I have Mr. Michael Valentino of Mistardi Platt, who performed the detailed environmental study, impact study, included in Dell's application, which we will be heavily referring to and relying on today, given the concerns raised by this commission the last time that we were here when this scientific information was not yet available. I'm gonna read something of a prepared statement. Try to keep it to five minutes. I've rehearsed it a couple times. It's more like seven. I'll do my best. But I'm going to go through that prepared statement, just touching on the SCP application and some of the staff's response, and just a couple of points on that. And then I think the person you're probably most going to want to listen to tonight is Mr. Valentino, who did the environmental impact study, which is so significant to the issues before this commission tonight. Very briefly, before discussing the Mastardi-Platt report methodologies and findings. I just want to briefly, very briefly discuss, and it's semantic, but it's about junkyard expansion. The zoning code doesn't really have a provision in it for what Dells does. Dells is not a junkyard. Dells is a metal recycling center. All they recycle is ferrous and non-ferrous metals. They do not store things. They do not dispose of things like junkyards do. And all the wide variety of negative environmental impacts that can come from that However, within the city's definition of a junkyard, it includes things that those do do, which is have to temporarily have their metal there while they process it and then send it off site. So while that element of their business does fit within the definition of the junkyard, does not seeking to be able to just transform their business into a junkyard. Far from it. Also, the staff's report refers to it as an expansion, and this is set out in our application, but Dells had previously been operating on this lot, cutting and storing metal for approximately seven years until we did then end up, after receiving notice from the city, followed up with an SUP to continue to permit us to continue engaging those activities. It was denied. It was denied based on environmental concerns raised by one neighbor in particular, who I believe we will hear from again tonight, with regard to the idea that there were scraps of metal that were being ejected over Dell's property lines onto his neighboring property. And then also the commission seemed particularly concerned with issues regarding air quality beyond the boundaries of Dell's operations, specifically as it might relate to what air quality is across the interstate and residential areas or near the daycare center. That was of critical importance. We were denied our application based on these open questions. We assured the commission that we would go out, we would have an independent study performed, and we would find out the answers. And we would bring back those answers to you no matter what they were. And that's what the Mastardi-Platt report is, which we will talk about tonight. With regard to Mastardi-Platt, We retained Massardi-Platt because we took this commission's concerns seriously. We also took the concerns of the citizens who had complaints seriously and tried to address each and every one of those things scientifically verifiable, cutting edge technology and procedures. And we are back here today to follow up on the request and our agreement that this is something we would do at great expense to Dells. It's very important to them. and we'll discuss that this evening. In addition, just briefly, I'm gonna give you two bullet points on the Mustardi-Platt study relating to the two issues that were raised here. two findings, no metal fragments are migrating from Dell's property to neighboring properties like Unley Marine. And Mr. Valentino will be able to explain the science of that and how it doesn't work that way. And then also the air quality standards modeled in the study during cutting, um meet federal and state air quality requirements even within the boundaries of dell's property which we'll talk about a 69 meters that expires on our property line and even at the highest concentration at that 69 meters it's still well below federal and state air quality standards for safety The residential areas and daycare center that are located approximately another 300 meters away, and we'll talk about the distances with that as well, would then necessarily, based on the modeling and the study, have even far below the federal requirements in that particular area. So we have attempted to resolve those two issues with verifiable scientific studies and evidence. It's all thoroughly supported by the study, which was provided to the city in March, to the staff in March, and the staff did not report any challenges on these findings and appear to concede them in their response. Certainly no one else has come forth with anything that would challenge these findings of environmental compliance on the issues that were raised. The commission has asked that we come back after doing this, and here we are. That's why we're here tonight. We want to share this information with you and seek a reconsideration with prior denial. In addition, I also want to point out that Dells, consistent with its interest in addressing these concerns in a very real and practical way for the benefit of all involved, including Dells, I'm here advocating for Dells, There are additional restrictions that they are offering and proposing and willing to live with if the city grants an SUP ordinance to permit them to continue these operations at only 600 Mill Street, not 1700 First Street, which I will get to in a moment. But those would regard, I'll break it up into categories. Cutting. First, to clarify something that Mr. Ossing had said when he was reading through the report, we will not be increasing cutting. We're just moving the cutting from one area to another. There will be no increased capacity, no increased employees hire, no more torches purchased so that we can increase our cutting. That is not part of what this proposal is. I want to make that clear right up front. It's a move. Cutting at these locations, well, really now, just at 1600 Mill Street, is a big part of the staff's concern. Bear in mind that cutting is permitted at 1605 First Street regardless. The cutting is going to happen no matter what. Dell seeks to resume cutting at 600 Mill Street only. This is notable, and we'll have an image for you. I don't have it with me right now, and I decided it might not be super great. You know what? Do you mind if I approach and hand you guys a packet?

Oh, yeah, that's fine.

I know that Mr. Valentino is going to go through some of these items that we've described.

I can pull up that, I think, in three minutes. Yeah, and these are . Thank you.

So again, getting back to the idea that we just want to move it from 1605, which we're already doing it, and regardless of what the decision is today, it will continue to happen on that particular parcel. If you go to the very last page of the packet that I just handed you, you will see essentially an overhead image of Dell's operations in the neighborhood, and you will see two red circles in it. with a red air and a yellow air. See that? Yep. Because Dells honored the city's request that we no longer cut pending this resubmission with this information, we did not. We did not cut on those other lots. So when Mistardi-Platt did their analysis and did their testing, they did it where we are currently cutting. So what you see here is air quality studies that are based on a 1605 and the first red circle and again, Mr Valentino will talk about that is the 69 meters or even at maximum air quality standards. They are within the Dell's property line and they still comply with federal standards for air quality safety. The red circle goes along and extends out approximately four times that distance from 79 meters to about 280 meters. And it gets over to the area across the interstate where the yellow line is, where the yellow arrow is to the residential area. If what we are requesting is to move our cutting away from the residential area. It's an important distinction. We are wanting to move it to a lot that is further away and will create many more meters of buffer, even though we're already, as the study will show, in compliance. It will be even better if our special use application is granted because this circle here, right, of the 69 meters, I know I'm just holding it up, relative to this arrow, We're wanting to go all the way over here to do it. Further away, safer, if it were unsafe in the first place, which the Mustardi-Platt report confirms it is not. If anything, granting our application should relieve those concerns. To additionally address the staff's concerns, Dells will cut with wind restrictions. That was another important issue the last time that we were here, is wind direction. where it's going to blow, how can we limit the potential that there might be some sort of a fume or something blowing off the property. We will cut only with wind restrictions, work with the city. Torch cutting will only be performed when prevailing winds observed in a windsock that we will have located on the south end of the property is moving from the south to the northeast or the northwest. This should ease numerous concerns with migration, even though, frankly, as you'll see in the report, the concerns with migration are unfounded. Additionally, we will cut time limits. Even within the time that we can do it, it satisfies the wind restrictions requirement. We'll only cut three hours a day max if we even have three hours of cutting to do. This cutting is related to recycling wind turbines, which frankly, as an aside, is another very important environmental action being taken here. I mean, these wind turbines are temporary, they're everywhere, they're growing. All regions need safe places to break these things down and recycle them so they don't just all end up in landfills. And that's what we're going to be doing with these things. Nonetheless, we will limit that cutting to three hours at a max, and if the wind conditions don't permit it, it'll be less than three hours or it'll be nothing. And the three-hour max will be if the wind conditions are ideal all day long. We'll agree to that. With regard to the other issues on the metals in the piles, Dells will comply with the scrap height requirements stated in the code. Metal or material shall not be placed in any sort of a public right of way. The use shall otherwise satisfy all code provisions consistent with the SUP ordinance, if granted. And within six months, to address one of the issues in the staff's report, within six months, Dells will build walls and screen for the piles at 1600 Mill Street, which the staff had reported as deficient and not part of our plan. Those will be undertaken. And with regard to 1700 First Street, it's withdrawn from the purposes of the SUP. Dells has determined that they will have no metal piles or cutting on that lot and that all scrap metal will be contained going forward in trailers on that particular lot. So really we're just talking about the move that I showed you on the picture that you have in front of you. Um, brief response to the staff report. I'm not going to go through any of this comprehensively. Tanner read through the whole thing. You've heard it all. You've read it all. I'm also not going through our application in detail. There's a variety of other reasons why we believe we satisfy the factors, but those are all of record for your review. We want to focus on the environmental. Briefly to the staff report. There's mention of the comprehensive plan. The comprehensive plan specifically includes this use of outdoor storage of materials in the future definition of industrial that we would fall within under the terms of the comprehensive plan in what is to be permitted. Our SUP application is expressly consistent with what is stated in the comprehensive plan. The Sunset Business Park Plan is also flagged industrial and identified by the staff for appropriate uses including, quote, relocating Dells within three years. That was specifically identified in the Sunset Business Park Plan. Dells actually engaged in discussions with the city about this. The city approached Dells about this, and Dells was willing to do it. in conformity with that particular plan that the city was proposing at the time, and the city determined that it was unnecessary and didn't follow up any further with Dells on that. So all reference to the Sunset Business Park is a bit of a red herring, because Dells tried to get involved in that and work with the city, and the city determined that they didn't need Dells to relocate. With regard to the staff recommendations concession, and the failure to rebut our study, or I'm not aware of any citizens in Rockford that are gonna have retained independent experts to rebut the study. But despite the fact that the staff accepts the study at face value and does not contest it, it continues to mention smoke plumes and metal shards as a basis for denial throughout the report with no scientific evidence to back it up whatsoever. This is an evidentiary issue as to whether or not this stuff is safe or not. And we are here tonight to provide you extensive scientific information that it is not. And there is no contrary evidence before you at all. And frankly, I'm not sure why the metal shards appear to continue to show up in these reports, considering that they are not backed by any science, and frankly, given the size of the metal fragments that were here last time, it's just frankly not logical that they would be expelled over the fence. But regardless, the staff recommendation goes on to cite, and I heard Tanner mention it, the EPA environmental justice area of concern. However, the staff report cites to note EPA violations by Dells impacting that area. because there have been none. And the study explains why there have been none, because DELS doesn't do anything that adversely impacts the environmental safety of that area. Also with regard to cutting and metal fragments, the IEPA has come out and investigated complaints from neighbors regarding the metal shards and the plumes and has found no violations. DELS frankly has been I don't want to say harassed. There have been numerous calls to IEPA by some number of citizens in Rock Island, and they have all come to naught. When IEPA came, they found compliance. In closing, I'd like to refer to our application again, or really maybe for the first time, in which we detail many undertakings that Dells has voluntarily done as a fantastic corporate citizen of this community. and a substantial employer. Among those examples that we would have wanted to highlight was removing and recycling old rail cars from the Rock Island terminal, tearing out and recycling docks at Sunset Marina, and I'm told that within the last six weeks, Dell's had the fire department out free of charge to conduct training and work on new equipment that they have, which is something that Dell's has done repeatedly over the years. They're invested in Rockford. They do good things in Rockford. They want to stay in Rockford.

We're in Rock Island though, sir. What's that? We're in Rock Island.

I messed them up before.

I'm glad you corrected me, and let's also pretend that I never did any of that. You know, and it's funny, because I'm reading all this, and it doesn't say Rockford anywhere in here. But six weeks ago, they had the fire department out, and we have listed many more civic contributions in the application as well. Dells is a responsible and valuable corporate citizen, a neighbor. And as shown by taking these actions, they take these issues very seriously, and that's why they're back here today. And we hope that you will grant the SUP under the evidence that we have presented and permit Dells to continue to operate in a way that is mutually beneficial for both the city of Rock Island and for Dells Metal Company and their employees. I appreciate your time, and I know that these folks do as well. Mr. Valentino is going to come talk about a study. And then Mr. Valentino and Christina Caldwell and I would all be happy to answer any questions you have about the staff's report, our interpretation of it, our own submission, or any of any of this. We are here to answer any questions you ask. We walk out today. We've given you everything we can. Thank you very much.

Thank you.

And my apologies again.

I want to thank you for this opportunity to meet with you and speak before you. As Robert said, I'm Michael Valentino. I'm with Mastardi-Platt. We're in suburban Chicago. Mastardi-Platt is celebrating our 50th anniversary this year. It's been one of the leading air testing companies in the United States. It started as a stack testing company. in 1976. We also do environmental health and safety consulting. I've been with Mistardi for three years. Prior to that, I was with the Environmental Protection Agency, Region 5 in Chicago for 38 years in the air program. I did Superfund site cleanups. I worked in a hazardous waste program doing site remediation and just enforcement and compliance assistance and litigation on behalf of the federal government. I'm an engineer, and I was one of six people that was already involved in this project. It was extensive. We had project managers and some of our ambient air testing people, people in our lab. And I co-authored the report along with another young engineer in our company who does our air dispersion modeling for us. So when we were retained, there were two primary issues set before us. One is large particulate matter that was found on 18th Avenue. I believe that's 18th Avenue. Is it attributable to metal cutting? And is it even possible aerodynamically for large particulate to travel long distances? And as our study showed, it's not possible. Particulates behave in one of two ways. Smaller particulate will be suspended in the air column for a long time, and they will settle gradually. Larger particulate, due to their density and size, will settle out of the air column very quickly, and they will uh... deposit within twenty typically around twenty meters at most of the cutting site the second issue was what's the impact on air quality so we set up this study to determine fence line concentrations and how can we project fence line concentrations uh... further further out and what we used was a uh... epa approved method air screen screening model that predicts higher concentrations, equal or higher concentrations than EPA's complete full blown air mod. So air screen is typically done early on to see what the results are and then further modeling can be done. I think it will help if you look at the first diagram, the sampling locations. This is how we set it up. and we were trying to be cognizant of equipment and cost, and trying to gather the data that would be most useful to meet our objectives. We set up four perimeter systems, particular monitoring stations to the north, east, south, and to the southwest. We had two med stations, meteorological stations, which gathered wind speed and wind direction. We did the sampling, the perimeter sampling for 30 days. It encompassed Wind directions all 360 degrees so it's not exclusively to the west although In this region of the country westerly winds are predominant But we did we did enough sampling to cover wind directions from from every direction We had two high volume samplers. Those are high volume ambient air monitor ambient air sampling Pieces of equipment one to the southwest along first street as you come in off 18th to the north and that's represented by the light green hexagon in the lower left and then we had a second one in kind of in the center of the photo right next to the red star the red star depicting where torch cutting was occurring in march and april and this is last year by the way i think you all know that um the uh The high volume samplers had filters in them, and we were able to measure how much particulate was gathered on each, and we also, we sent our samples to two different labs, one for particle size distribution, which kind of tells you the, the range of particles and the concentration of those particles at different cut diameters of particles. And the other was the chemical composition. We wanted to see is the The sample at the high vol right next to the torch, is that going to present a similar signature to the high vol which is set off close to 18th Avenue? And as the study shows, they're two different particulate groups that were collected and sampled. We also, and the photo will show this as we go through the presentation, we fabricated a collection hood back when we started Platts Offices, and then with the help of Dell's maintenance staff, We suspended it over the touch cutting area, and it was evacuating through a pump to another filter. So we had three filters we were testing. And that suspended hood was about 15 feet away from where the operator was actually using the torch. And then just about 10 feet to the right was the other highball sampler. So that pretty much sets the stage for what we're trying to accomplish. The next sheet and the handout, it shows the particle sizes for the two HyVol samples. And again, they're 100 meters apart. into space none of the you can you can see that none of the particles in actually in either the the hood filter or the high ball filter all first that first street had any particular matter greater than 75 microns that's that's kind of important what's a micron a micron is It's pretty small. There's 25,400 microns in an inch. It's a micrometer. It's one millionth of a meter, or 1,300 thousandth of a foot. We wanted to know what the particulate size distribution was because the particles that were metallic and on the ground on 18th Avenue that were picked up on the magnet, We don't have those measured. We didn't see any of this. We don't know if Mr. Endling sent those off to the lab or not. But we just estimated these are pretty large. We were thinking they were in the 100 to 1,000 micron range. Now, the average diameter of human hair is 70 microns. And you can see that. You can't see a micron with the naked eye. So that's why we thought those particulate were probably 100 and maybe possibly 1,000 microns in diameter. Well, we didn't see anything nearly that size 100 meters away from the cutting area. And again, the larger particulate they will settle out quickly. This is under the discipline of fluid mechanics. There's something called Stokes law of particle settling, and that's for smaller particles, which will stay suspended and carry long distances. I don't know if you remember back during COVID, there was always talk about distancing and the size of the COVID virus and how long it could stay suspended. Well, that's all governed by Stokes law and Brownian motion and all of those things. The larger particulate drop quickly, and there's just no way aerodynamically for large particles to travel 100 meters. They will settle out very close to the cutting torch. And we see here that we didn't have anything larger than 75 microns. There's some distinction between the metallic particle particulate on the hood filter in that which was collected off of First Street. And on the next page, too, you can see we That's why we did the chemical composition in addition to particle size distribution. We wanted to see are these two different signatures and they were. The hood filter was largely iron rich. This is what you would expect when you're cutting metal alloy with a high temperature torch. The road filter was largely aluminum silicate and calcium and magnesium carbonate and calcium carbonate. And these are more typical with gravel and road salt and things like that. So we weren't really picking up a metal signature when we were further away from the cutting torch, more in the direction of Unley. I will say we did place that second high wall as close as we could to 18th Avenue. This is equipment we left out there. It wasn't monitored. We had to kind of keep it someplace where it would be safe and no one would vandalize it or tamper with it because we were trying to get 24 hours of continuous data on that. So we tried to proximate how air quality conditions might be along 18th Avenue, so that's why we located that one there. This next page, It's this one here. It's just a rough conceptual sketch of particles.

Can you kind of wrap this up a little bit? We're getting a little beyond our allotted time limit here.

Oh, okay, okay. Well, anyway, I'll just wrap this up quickly. We did, we estimated what the emissions were coming off the torch cutting. We used that. to model what concentrations would be away from the torch cutting area. And based on air screen, the maximum concentration would be 69 meters along a center line from the torch. And the values at 69 meters were below the United States Environmental Protection Agency national ambient air quality standards. Those are health-driven standards, the NACs. The concentrations were about one-sixth of 24-hour NAICS standard and about one-seventh the annual standard for particulate 2.5. That means 2.5 microns. And EPA has established that health-based standard because particulate 2.5 microns can reach deep down into the lungs. That's the respirable protection level. And then generally, as you go further away from the source, pollutant concentration decreases. So we had our maximum screen concentration right at the fence line, and by the time you go further off-site, those concentrations will taper off. Thank you. Thank you.

I'm not going to try to explain any of that, but as you can see, it's an extremely detailed and complex process. If you have any questions for Mr. Valentino or me or Christina, we'd be happy to answer them at this point.

Does the board have any questions for any of the applicants? Yeah.

Yes, okay, you gave all the details on the air quality part, but I guess when the city, and some of us have been related to this stuff for a long time, when the city developed its long-term land use plan, there was a lot of input, a lot of chance for public input, and the professionals were looking elsewhere and what should go into an I-1, what should go into an I-2 district. And the decision was made for I-1 in much of that area. An exception was granted But therefore, I guess even now, that was an exception. That isn't what the city really wanted at that point. It wanted I-1 kinds of uses, which wouldn't have this kind of junkyard or a recycle metal place with processing is not in that category. And so now the fact, I guess I would ask, despite anything else you say, you know very clearly that the city's land use plan calls for I-1. You know you had an exception, so what gives you the feeling that you should be able to expand a kind of land use which, not us, this commission, but which the city and its council adopted. That's not the kind of use it wants in that section of Rock Island. So I guess what sort of, what gives you the, the rationale that you think you deserve another exception by expanding this kind of operation in an area where it's not wanted?

I think that's a very fair question, and I can answer it, but I also think that it's possible after I complete my answer, if I've overlooked something, Christina may be able to come up and address that as well. Part of this goes to the idea of expansion. It's not an expansion in the sense that because the activity is already permitted, we are looking to move it just across the street to a different lot, which takes it further away from the areas in which there's been concern expressed with residents and daycare. So that's one part of it. Also, if we're allowed to cut over there, we have a lot more space. This would have been brought up in the first SEP application. I don't think we reiterated it, but it provides us with a lot more space, which provides us with an opportunity to cut more volume, even within those restrictions that we've offered to comply with. It will also help us reduce the piles. It increases the efficiency with which we operate. So it's not so much that we believe that we are entitled to an expansion. It's we believe that the expansion is logical and in the best interest for both the surrounding areas and for Dell's operations. So that's my answer to it. I don't know if Christina would have anything to add to that, but if she does, you're welcome to come up. Think I covered it?

Okay. Robert, can I ask a clarifying question? Of course. So I guess are you saying you would stop cutting at 1605 First Street?

There would be no cutting that would be done. Actually, Christina would probably need to address that, but would you like to just address that one? It would not relate to the cutting of the turbines or anything like that.

So we would continue to cut at 1605 First Street. It would just be on a very minute level. So right now we're forced to cut there pretty much the entire time we're open to be able to keep up with the material that's coming in every single day. So if we are allowed to cut there, we would then be able to do pretty much all of our machine cutting because when you're cutting steel with a machine, picture a big pair of scissors basically, no one can be anywhere around that when we're cutting with a shear because a piece could fly and hurt someone. So right now, everything is in one very small area. So if we can do a vast majority of our cutting over there, we could do all of our other work at the 1605 with the machines, where then we aren't having to worry about somebody getting hurt. In today's world, oxygen and propane is very expensive, and they've come out with great machinery to be able to cut steel with. So we try anymore, just because it's so expensive, to cut as much as we can with a shear on an excavator. Currently, right now, we have four of those shears at Dells. We only have two, and we've upgraded to four. And we've bought one of the biggest ones that they have to be able to cut the most thickness that you can with those. We have one of the biggest ones that are made currently. But there's just some material that is just too thick that you have to torch. There's just no way to cut it with a machine. And not only that, it's safer, I mean, to cut with a machine. You don't have somebody on the ground holding a hot flame in their hand. Does that answer your question, Tanner?

Yeah, thanks.

I have a question as well. If you looked at the staff analysis report regarding one of the factors, I think it was factor B about. Injurious to the use and enjoyment of other property in the vicinity. Staffs indicated that that it would be a requirement to have buffers or fencing and that there have been no plans to do that in the application.

Oh, I absolutely can. It's an oversight. And when I went through the additional conditions, which I'm happy to submit to the the commission, right? I mean, these are things that were prepared. We received the staff response Thursday evening and have been preparing diligently since then to address those issues. And I can I can submit what that is, but that is covered. Yes, absolutely. Within six months. Yeah, we're totally, we absolutely will comply. We have included in there that within six months we will comply with that deficiency that was noted by the staff.

Okay, thank you. I'm sorry, I couldn't hear you.

We want to work with you guys on everything that we can work with you on and come up with a mutually agreeable solution.

In that point, in some way, I'd like to believe you, and yet, for years, we've lived here for not my whole life, but a long time, and as one drives by the Dells property, it is pretty unsightly from the Centennial Expressway. And many people, when the city has talked about how can we improve the entryways into our city, Dells, to be honest, is a real pain. And I think there have been people who wish that, gee, isn't there something that Dells could do to put up a big wall so that what goes on is not visible for every person who comes in? driven by, I don't know whatever, I mean, you may say things have been done, but again, my eyes are pretty clear to see that there is not a lot of buffering around the perimeter of Dells, and so that's why I would like to believe you when you say, oh, now if we expand it, we will have landscaping, et cetera, whatever we want, whatever the city wants, you will do it. to be honest, convince us that that's gonna be different from the way Dells has handled its periphery in the past.

Sure, I can speak to that, and Christina would like to speak to it. I would like to speak to it from a legal perspective first, If it's in the ordinance SUP that you approve, we have to comply or you revoke our SUP. These types of conditions, we've talked about putting up walls and buffering is what we just addressed. And the granting of this will also help us be more efficient in lowering those piles to begin with. But anything that you put in the SUP is a limit. It's a restriction on what we've requested and what you require us to do to comply with that. You certainly are entitled to question our sincerity and honesty. I know what my own mind is. But in order to comfort yourself, you don't have to rely on our work. It can go in the SUP. And Christina, did you want to address something?

So I guess one of my things to you on behalf of what you just said about Dells is prior to this, no one from the city has ever stepped foot on Dells to tell us that they would like us to do any difference in the timeframe that I have taken it over after my dad passed away, which will be going on now 14 years this year that he passed away that I took over. I've never had an issue working with the city. And from a business perspective, when the last three years has been nothing but a battle, how would I want to invest all of this money into the yard to make it look better, knowing that at any given point in time, you can make me stop doing every bit of it? So that's where that comes in, because if you Go to Dells, we maintain the road. We keep it where people can actually get up and down it. We work with the businesses that are all on First Street to keep their road where it's drivable, otherwise it is not drivable. We work with the railroad with all the issues that they have with the railroad tracks down there. If we're allowed to continue to do what we do, what we were doing on the other side, it makes it where we have a lot more room to operate where the piles aren't so high and you can make it where you can't see nearly as much from the highway as you can now because that is a lot further off of the highway. so there's things we're willing to do and in the meantime we've bought three other locations you know we're currently looking at our fourth so we've expanded tremendously to try to take some of this out of rock island which unfortunately has required us to move it to the iowa side to be able to take some of this material we can't physically process the scrap metal in our community that we get in every single day in the space we're working with. And with this restriction, it's only made things worse. And so we're trying to make things better, but I don't know how you expect me to invest all this money to do all that when we're in the situation that we're in now. and I have no problem. I mean, I'm old school and I learned from a man who, there's many people here that can test, your word is everything, and if you grant me permission to do things, my word will mean everything and I will get done what you ask me to get done.

Thank you. Is there any other questions of the applicants? Is there anyone here who would like to speak in favor of this item? OK, come on up and say your name, please.

My name is Melvin Dickerson. I'm a lifetime resident of the West End of Rock Island. If we go back to 1976, to beautify the West End of Rock Island has not really been a major concern. far as I can see, from the age of 12. Today I'm 62 years of age. I'm gonna tell you what beautifies the West End of Rock Island to me and my family. Dale's Metal Company allowed my father to take care of seven children with my mother,

And they raised us through the scrap yard all my life.

Today I stand before you raising five grand boys that my daughter walked out on in my possession. The baby is five. This is how I support my family. I could easily go down to the Illinois Department of Human Service and apply for food stamps and medical assistance. I do not have such benefits because of Dell's metal. I get up every day with a raggedy truck, a raggedy trailer, and I clean our neighborhoods. Dell metals help us keep the West End safe. I've pulled up in alleys and got children playing on top of appliances that is dangerous to their little lives. Because of the scrap yard, I can haul that stuff down there, save them little lives, provide for my little children. That's a part of my life. you see all this scrap metal and how the yard ain't so beautiful to your eye but you don't live there we do the arsenal courts the public housing right across the street that's where i lived for many years i hear you speak of the quality of the air I'm still standing here. I've been breathing that air all my life. That tells me that air is perfectly fine because God purifies the air. My son is 36. My grandson is five. I'm 62. Dells Meadow. plays a very, very major part in our lives. They don't only take in the scrap metal, recycle it, they give back to the community. I've went to Dell's Metal and I asked for help where we're struggling because the walls was crumbling and our church They didn't gripe. They didn't groan. They sit there, see what they can do. And they did. They helped us. They helped when I was a kid. And literally, they donated to our uniforms. I played on the Rock Island Police Team as a little lead at 12. I played for the Rock Island Elks in Babe Ruth. It was Slifkin's, that particular junkyard. Donates to the lowest property in Rock Island. Look where the junkyard is at. Take a look where it's at. It's right next to the projects. It ain't up there on 38th Street by a soccer golf course. It's beautiful up there. Look where we live. Since 1976, They never done nothing to 5th Street from 7th Avenue to 18th Avenue till just this summer. I was sitting in the barbershop and I said, can we get something done down here, Mayor Ashley? And he did. All these years, my boys can finally ride their bike down that street and it ain't bumpity, bumpity, bumpity, bump.

Mister Peterson, I appreciate your comments.

We keep it on point with I asked you to please please take into consideration. What deals metal bring to one of the lowest scrappers in Rock Island. I'm at the bottom. Picking up aluminum cans and recycling in our alleys. The scrapyard don't wake up to make our neighbors enemies. We're recycling to help take care of our families. And before I take my seat, I want you to really recognize what I'm saying. I could run down to the Illinois Department of Human Service and get a bunch of food stamps. I can get a medical card. But no, I go to the scrap yard. I go to CHC. And on a sliding scale, they allow my grandson to get a dental appointment and do his teeth at $26 because of the scrap yard.

I appreciate that, Mr. Peterson. Thank you very much. Is there anyone else in the audience that would like to speak in favor of this application? Yeah, I would like to speak.

Jimmy Houston.

Thank you, sir.

She worked at the daycare. My aunt, she was a supervisor there. And for once, nobody never complained about the smoke and stuff. And I lived in Orchard and Quartz for four years, and nobody in Orchard and Quartz never complained. Bubba Sim had a little scrap yard right down the street. Nobody never complained. And they had a fire down there and the fire department came out quickly to put out the fire. Nobody got hurt, nobody got sick. You know, they don't get a lot for the community. They don't get a lot for the churches around here and a lot for the peoples. I mean, I can go on and on and on. And, you know, and Christina and Tommy, they're good peoples. You know, they'll give you a shirt off their backs. And I remember Tommy said that he wanted to do something for the fire department after they came, put out the fire quickly. And he had some people go in there and cater because he wanted to give something back. And Tommy, he ain't the type of person that goes around and brag what he do. He keeps it real. He don't put it in the newspaper. He don't put it on the news. And he's just not a bragger like that. And that's like Melvin said, you know, I hope that, you know, they they let you know, you let him get on with the show, you know, and you know, copy good peoples.

Thank you, Mister Houston.

Appreciate it.

Is there anyone else that wishes to speak in favor of the application?

Hello, my name is John Lauret. I've lived on this course all my life. And I was a flatbed driver at the time when I met Tommy. I lost my job. I needed a job right away. I talked to him. He gave me a chance, and I took it. I worked there for six months for him, and his business started slowing down. He talked to me. This man told me that he has to lay off some people. I'll be the first one to lay off, and there's no problem. He said, as soon as we pick up, you call me back. But at the time he called me back, I was employed somewhere else. This man, him and his wife gave me a break, and if they didn't go back for me now, I think he would put me back to work.

Thank you, sir. Appreciate it.

Thank you.

Is there anybody else in the audience that wishes to speak in favor of the application? Yes, sir.

Christina and Tommy don't know me from all, but Mr. Moley made a point of The stuff is going up there. Christina came up here and said she would move from point A to point B to knock it down. Give them a chance to move it to show you they can knock it down, and then you can work on building whatever structure you want across there to show, like, give and take. You give something, give something. Give something, give something. These are people that come in here in our community to give a handout to people that can't hand out for themselves. So give them a chance to sit there and work and knock it down, like move from point A to point B, knock it down, so it won't be an eyesore. Then you can work on putting the fence up. You said that park was going to the daycare. The daycare, if she move it, the van just got up here and said it won't go over there. It falls. Just give them an opportunity to move it. Thank you.

Thank you, sir. Anybody else wish to speak in favor of the application? Is there anyone in the audience that wishes to speak against the application? Please state your name for the record, please, sir.

Name's Tom Unley. I own Unley Marine. Directly right across the proposed area that they're requesting the special use permit. For the past 15 years, I'm here tonight neighboring businesses owner to respectfully ask you to deny the special use permit. It's rather simply sharing my opinion. I'd like to present a timeline of the documented events. In August of 2010, the city of Rock Island notified Dells Metal Company that industrial metal and waste salvage operation or junkyard was not permitted use at 1600 Mill Street, 1700 First Street. The city explained that while warehousing and parking were permitted use as a- Yes.

Oh, I'm sorry. Is that better there?

Is that better there? So the city explained that while warehousing and parking were permitted uses, a junkyard or outdoor salvage operation will require additional zoning approval. And despite that determination, outdoor salvage and scrap-related operations were later conducted on those properties before a special use permit had ever even been approved. That ultimately led myself to expressing my concerns. So in 2023... After expressing my concerns as a neighboring business owner, I came before Consul to voice those concerns. I spoke about what I believe was affecting my property, my employees, my customers, and my business. And shortly after exercising my right to speak before Consul, I was served with a cease and desist letter from Dells Metal Company. Later, Dells filed a lawsuit against me and my business. I'm nearly three years later, and I'm still defending that lawsuit because I exercised my right to bring concern before my elected officials. And the Illinois EPA did investigate complaints involving cutting operations there. And there is something from Robert Graff, which looks to be from fire department. And in their investigation, it says it was over smoke order and exempt, see previous complaints. The source is no longer permitted and ceased operation of its two aluminum sweating furnaces in 2005. Currently, only three cutting torch stations remain. Which are exempt under the 35 IAC 201.146. And they discussed that incident with the vice president of the facility. She confirmed that no fire occurred on the specific date. However, there was an issue with an operator who failed to remove and sand the protective coatings on the turbines before cutting. And that's with the Illinois EPA. And they go on to refer it to, this matter was referred to the locals, I guess, local ordinance. Now, in figure five there, where they state the 69 meters, and they state that they want to move it over, that moves it over right in front of my front door. That's 69 meters from where I expressed my concerns in 2023 to council, puts that red circle right at my front door. Following the council's decision, Dells retained an independent environmental consultant and the financial assessment had been presented to you tonight in support of the application. However, I respectfully ask you to consider one important fact. The testing was conducted at the operating area that remained in use after the council's decision. It wasn't conducted at the location where I had raised my concerns about cutting activities, the property closest to my business. Because cutting operations no longer occurred at that following location, the Consul's actions, the assessment did not evaluate that area that was subject of my concerns. And since the Consul's decision, operations stopped on that property closest to my business, and I've personally witnessed a dramatic improvement in the conditions at Unley Marine. The smoke has decreased, the dust has decreased, the debris affecting my business have decreased significantly. As someone who is at my business every day, I've been experiencing that firsthand, that improvement. To me, the Council's previous decision made a real and meaningful difference. And once again, I'm being asked, I'm sorry here. Now, once again, the board is being asked to approve the special use permit for these same properties. The city's own public notice described the request as a special use permit to operate a junkyard, and the application materials described it as a junkyard expansion. At the same time, I continued defending a lawsuit in which I had been accused in part for referring to this operation as a junkyard, while the city's own public notices used that terminology to describe the requested use. My request, tonight I just respectfully ask you one simple question. What has materially changed since the council denied this request? The location has not changed. The proposed use has not changed. The surrounding businesses have not changed. What has changed is since the cutting operations nearest my business has stopped, the conditions at my business have improved dramatically. 16 years ago, the city determined that the use required special approval. Last year, the council denied that approval. Since that decision, my business has experienced a noticeable improvement. The decision in December of 2024 made a measurable difference for my business, and I respectfully ask you to continue protecting neighboring business and property owners by making the same decision tonight. Thank you, guys.

Thank you, sir. Would anyone else like to speak against the application?

Good evening. My name is Randy Hurt. I'm an Alderman in the City of Rock Island. So I'm here in support of some of the businesses that I've had some complaints from. First of all, I'd like to say I appreciate the positive contributions DELS has made to the City of Rock Island. However, I'm asking the Commission to deny the special use permit for the following reasons, and I'll keep this short. Specifically, the zoning ordinance states a special use permit must meet all standards identified in Article 9, Section 7 to be approved. And four of the seven were not met. I do find it a little bit ironic, however, Dell's representative is coming tonight saying, well, they'll do this. They've had time to put a different special use permit and what their provisions are. And I feel like now we're coming to this meeting and now they're adding extra stuff to it that they will do. The bottom line is outdoor storage or industrial activity could have a negative visual impact on the city. And primarily, the proposal has not consisted with the city's future comprehensive plan or the intended future land use for the area. The site could further increase noise, dust, odors, or pollution beyond what neighboring properties should reasonably expect. So I guess I'm in support of denying it primarily because it's not where the city's future comprehensive plan was heading. Thank you.

Thank you. Is there anybody else that wishes to speak against this item?

Good evening. My name is Robert Hoffman. I am an employee at Jackson Auto Body, which is located at 1833 First Street in Rock Island, approximately about three-quarters of a block down from the Dells Metal entrance. I've been there, an employee, for about six and a half years. Last year, a year and a half prior to the denial, Absolutely terrible. The smoke was there every day. I could look outside of our shop and at times it would look as if I was looking out at a war zone. You couldn't see the street across or you couldn't see past the trees because there was dense smoke rolling down the street. They claim that they don't burn in high wind days or that the smoke from their property doesn't leave their property. I have video on my phone today that I took roughly about 3 o'clock this afternoon when I noticed that it was particularly smoky outside of our shop that shows smoke rising from Dell's metals and then traveling across the street. Our issue wasn't necessarily with the large particulate matter. Large particulate matter obviously does not fly through the air. Our interest was the fine particulate matter that was being aloft into the air. As some of you council members remember from last year when we came and this matter was brought, there were several jars that were brought. 90% of what was in those jars was dust. Several council members opened it, tapped it onto the table, and fine particles of dust escaped the jar. Now add that to a windy day in high heat conditions with burning, and that now gets carried even further aloft, thus satisfying their fine particulate model stating that, yes, fine particulate is held aloft in the air for much longer and disperses at a much greater area than the heavy particulate at, what was it, 75 microns or larger that they're saying that was being reported. in regards to their definition of not being considered a junkyard uh... as according to the illinois junkyard act Junkyards are also known as scrap processing facilities, which I believe is what Dells is classifying themselves as. And according to the same statute, the Section 3 from Illinois statute on the Junkyard Act, no person may hereafter establish, operate, or maintain a junkyard or scrap processing facility Any portion of which, which is within 1,000 feet of the nearest edge of right of way of any highway on the federal aid interstate or federal aid primary systems, except following circumstances in which they are screened by natural objects, plantings, or other appropriate means as to not be visible from the main right of ways, which they are not. If you go down there right this second, you can go to the exit. closest to First Street, and you can see piles of metal directly inside their driveway that aren't secured behind walls. They have 14-foot tall walls that have metal near them that are roughly 12 to 15-foot tall, which, according to the Illinois Junkyard Act, is against the zoning for light industrial. They can also have it if it's zoned for industrial use, which we all know it is not. it's not visible from main traveled highways which again you can see it clearly from illinois 92. based on that standard alone i believe that you should deny their special use of making this into a junkyard facility on either of their properties they state that they'll cease burn cutting or torch cutting on that property but there is absolutely zero previous history that they show any regard for their neighbors or anything in regards to keeping the area safe and clean air. Just to wrap this up generally. They're in violation of the act currently as it sits. The piles that they have on their properties at 1600 First Street are already higher than what the statute allows. So, what is there to state that they're going to continue to follow the rules that have been established that they break on a regular basis? They were told to cease burning while the initial injunction was put into place and instead it doubled and tripled. They burned because they knew they couldn't be touched because there was an injunction on their part. So, and if I remember right, from last year, they stated that in the space of time that that injunction was active, there were something like 220 called in complaints about the smoke and other issues regarding Dells Metals, which clearly states that they do not have a care or regard for their community, and they do not wish to burn or do anything appropriately as by any kind of standards. Thank you for your time. Have a wonderful day.

Thank you. Is anyone else in the audience?

Good evening, I'm Moses Robinson. I'm not here because I'm against business. Businesses are important to our community, but growth and operations should never come at the expense of families who live nearby. For years, the surrounding neighbors have carried the burden of smoke, fumes, and air pollution to come from metal cutting operations. This is not something that we're imagining. It's something that we see, smell, and experience at our homes. My family lives downhill, downwind from the facility. When smoke and fumes trample throughout the air, they do not stop at the property line. They reach our yards, our windows, and our places where families should feel safe. We should be able to enjoy our homes without worrying about what we are breathing. Many families in the area are invested in years into this neighborhood. These homes represent hard work, memories, and generations of families. Residents deserve the same consideration and respect as many businesses when seeking to operate or expand. The concern today is not about the land use. It's about the responsibility. It's about whether decisions are made today will protect the people who live these impacted areas year after year. Before any zoning approval is considered, I believe there must be accountability. There must be a serious review of the environmental impact safeguards to protect residents. And the commitment of the health and quality of the life of nearby families comes first. I ask this commission to listen to the voices of the people who go home to this neighborhood every night. We are the ones who live with the results of these decisions long after this meeting is over with. Please consider the families and children and the seniors who every resident who deserves clean air and peace in their home. I respectfully ask you to deny the zoning request and stand with the residents who are asking for fairness, accountability, and protection for our community. Thank you.

Anybody else?

Good evening. Members of the City Council, my name is Rick Jackson. I own and operate Jackson Auto Body in 1833 First Street, Rock Island. I would like to share an event that occurred immediately after I spoke at the city council meeting on December 9th, 2024, regarding Dell's Metal Company being denied a special use permit application. The morning following the council's decision, a Dell's Metal Company driver came onto my property at 5.59 a.m. to retrieve a lugger box, which is what holds scrap metal, that I had been using to recycle scrap metal At the time, the container was full of scrap metal that had accumulated on my property. Instead of removing the container safely in the daylight and with its contents during normal business hours, the driver dumped the entire load of scrap metal onto my parking lot. and then took the empty lugger box away, leaving me to deal with the pile of metal that had been left behind. I was never contacted by Dells informing me their services were ending. As you'll see in the video and photos that I have previously sent to each and every one of you, the scrap was dumped very close to my customer's property in the dark in retaliation for me speaking to the city council less than 12 hours prior over my concerns of the health and safety of myself, my staff, and my customers. Prior to this incident, Jackson Auto Body was a customer of Dell's Metals. And for four years, approximately, they routinely came on site, picked up the container, scrapped the contents, and reimbursed me for the metal contents, which Dell's Metals did. What Dell's Metals did in this incident was not good business, not being a good neighbor, and it was very unsafe. I believe this incident is relevant because it reflects the type of relationship and conduct that neighboring property owners have experienced. Actions like this affect surrounding businesses and property owners, and they are part of an overall picture. The console should consider when evaluating whether this applicant is an appropriate candidate for the special use permit. My purpose for sharing this is simply to provide the council with another factual example of my experience as a neighboring property owner. And I have pictures, if you guys don't have the pictures, but I emailed them to you guys.

um mr jackson did you email him to the city council maybe i don't think us as i sent him to this is the planning and zoning commission so they they likely haven't seen well i have pictures here if you all would like to see them i can submit them to you okay

This was them in the middle of the night showing up before business hours to pick up. This was them right here backing up to it. The next one is clearly the lugger box being lifted up inadvertently. And then this one Can we keep that?

Thank you, Mr. Jackson. Is there anyone else in the audience that would like to speak against this matter?

Hi, my name's Annika Omelia and I'm a Rock Island resident. I'm here to urge you to oppose the special use permit for Dells Metal. This area is significant for all of Rock Island County as being an environmental justice zone and being out of the entire county having the most minoritized poverty. There are reasons people have to live by Dells metal. It's historical and systemic redlining and history of some people will say, well, folks should choose to live somewhere else, but we know a lot of folks don't necessarily get to choose where they live. Um, these expanded sites would increase pollution in the area. And residents may have little ability to resist that expansion. So when I merely raised questions about Dells through my writing on Rock Island Line, and I'm also the secretary of the Century Woods Tenants Association, that's how I became aware of Dells because residents at Century Woods were telling me their eyes were burning, that they felt short of breath some days, they could smell the smells. There's moms there who have kids with asthma who are very concerned about what their children are breathing because they don't know. So I brought up some questions about Dells, and Christina Caldwell messaged me, keep the comments coming, my attorneys have fun with people like you, and a public defender won't help you in a defamation lawsuit. So that concerns me because I am a resourced person in this community, but a lot of the people who live in the West End cannot afford an attorney to represent themselves against a defamation suit because they call Dells a junkyard. And they do have a junkyard permit, so it can be confusing to people who don't know what they do and what the smells are. So that just makes me nervous. I would love it if the city of Rock Island, and I see Glen is here, the Century Woods TIF has over a million and a half dollars in it. I would recommend that the city use some of that funding to do an independent air study. I read through the Mistardi-Platt. I'm not a scientist. I did take a metal roller out in like five different locations in Rock Island and found at the park across from Dulles. It's a very fine dust of metal that sits on top. It's not big fragments. And I don't know what's in it. I cannot speak to that. But it's different there than it is in other areas near the highway, on 30th Street. It is a fine dusting. You can roll it right through the park behind Skipalong. So I think the city should just pay to have an independent study. This study seemed focused on large particles, not small particles. And the little fine particles, to your point, are more dangerous, but wasn't most of the study the PM10, I think it's called? And this really need to focus on those PM2.5 particles in the air. The reason this hasn't been resolved, I FOIA'd all the Illinois EPA, all the city records, is because Dells does not have an air permit. So there's no one monitoring the air. So if you try to get Illinois EPA to respond, they won't because Dells in 2005 and 6 was, they settled with the EPA because they were not maintaining their furnaces properly and allegedly pollutants were going into the atmosphere. Rather than correct it, they stopped using furnaces and switched entirely to manual torch cutting. So the reason they don't need an air permit is because they're manually operated. So they're kind of in a cold-cutting category of manual operation. And so they're exempt from an air permit. So when people call the EPA out to look at them, they've found violations for water. They've found violations for the number of tires on the property, for sitting water, for chemical liquids that aren't labeled. They have found other... like land and environmental things pop up, but they don't study the air. So the EPA has not come out since 2007 to actually study the air. Nobody is doing that. And so the city should use TIF funds to do that studying. Some of these other points have already been brought up, but Dells is already required to have certain fencing around their property that isn't what Alan Carman recommended back in 2011. It isn't clear to me what year They were actually grandfathered in, and I don't know if this commission could tell the residents, but really your operations and grandfathering are supposed to kind of freeze at the level that they were when you were grandfathered in. So when Ms. Caldwell says they've increased their cutting from two to four, or when they took on the I-74 project, or let's say Centennial comes down and they take that on, nobody's going to be studying what's in the Centennial Bridge or what was in the 74 Bridge. And they're kind of... There's stuff to look at with grandfathering. Once you exceed what you were grandfathered in at, you can have in some places that grandfather status removed because you have expanded the capacity of it. And there's a really interesting case out of Flint, Michigan with RJ Torching. where they challenged torch cutting being in that cutting, which is a cold process exemption. And so I think there are lots of avenues the city could take to kind of challenge this in general. And yes, I hope I don't get sued for saying this tonight, but I represent a lot of people who cannot afford to take on Dells Metal. Thank you.

Thank you. Is there anybody else in the audience that wishes to speak against this matter? Hearing none.

Is there an opportunity for limited or very limited on one point?

One point, sure.

One of the gentlemen who spoke said that Dells essentially increased cutting and effectively ignored this commission's decision in 2024. I just want to speak to that. That's absolutely not accurate. We have not cut on the locations we were supposed to cut. We are now cutting in the location we were grandfathered into to the extent it looks like there's more cutting going on on that particular property and piles are not going down quicker. It's because we are not cutting on the other property. which allows us to do all of these things far more efficiently we have diligently and faithfully followed the city's dictates to us on that front and i wanted to point that out with absolute clarity because there is no evidence from the con on the contrary and frankly i don't mean to put him on the spot but i believe mr osing would agree with everything i just said thank you sir

Is there a motion by the board?

I will move that the request be denied. When I do that, I believe the careful, detailed set of pages prepared by staff give a whole series of answers with confidence in my action, as well as some of the concerns expressed by the papers tonight. Some of the comments I might know that appreciated what Dells does for certain jobs and things like that, they're good points. but dell's exists now and it can continue to exist that way so there's no reason why determining denying the expansion would take away some of the very benefits that the couple of gentlemen okay there's been a motion and second any other discussion if not i'll take a roll call saurez yes

Aye. Malin? Yes. Mavis?

Yes.

Riggs votes aye. Five ayes to recommend denial of the special use permit.

Motion carried. 5-0. 5-0.

Yeah.

And we'd like to thank you all for your time tonight.

Thank you for your time.

Appreciate it very much.

Yeah, that's just to go before the city council, correct?

Okay. No, this is the power through, man.

Soccer starts. Okay.

Next item, 26. All right. Yeah. If everyone could, if you were not staying, if you could go out into the hallway so we can continue.

Ladies and gentlemen, if you guys wouldn't mind taking conversations outside the door. We still got more.

We have two more items to go through. Thank you.

Thank you.

no i appreciate it thank you no it was better for sure all right 2026 13 public hearing requests from the city's community development department to consider a rezoning from v4 highway business to c2 nature conservation district for property with pin I won't read it.

I'll go through this very quickly. The subject property is located within the Casino West subdivision adjacent to the Southwest Rock Island wetlands. The property is vacant and was retained by the city during the development of the Casino West subdivision because much of the site consists of wetlands. The purpose of this rezoning is to preserve the property for conservation purposes and incorporate it into the city's proposed Southwest Rock Island wetlands reserve. The site is currently zoned before the city's 2014 comprehensive plan designates the property as community business on the future land use map. It was originally included within the casino West development area which was owned by the city during the subdivision of the property the city retain this parcel again because it is a wetland area of the casino West parcels research were sold for commercial development. Although the property retained its before highway business zoning designation following the subdivision staff believe that existing zoning no longer reflects the property's environmental characteristics or the city's long term intended use. The comprehensive plan designates the property as community business. This designation was appropriate when the property was part of the larger Casino West development area. Staff reason now though that the property's environmental characteristics warrant a different zoning classification. The subject property consists predominantly of wetlands and is part of the larger wetland complex adjacent to the southwest Rock Island wetlands. Recognizing the site conditions, the city intentionally retained this property. Staff therefore find that the C2, the Nature Conservation District, more accurately reflects the property's existing conditions. The purpose of the C2 district is to preserve the environmentally sensitive land to protect natural resources and accommodate limited recreational and conservation related activities. Rezoning the property to C2 will establish zoning consistency with the adjoining city-owned conservation lands and further the city's ongoing efforts to establish the wetlands reserve. Overall, staff find that the proposed rezoning is compatible with the surrounding area, consistent with the city's long-term conservation objectives, and representative of sound land use planning principles. So the staff recommendation here is for the Planning and Zoning Commission to pass a recommendation for approval to the City Council.

Any questions of staff? Any motions? I'll second. So motion by Saris, second by Riggs to approve the rezoning request. Any discussion? Hearing none, I'll take a roll call. Saarz? Yes. Kreger?

Aye. Mullian? Yes.

Mavis? Yes. Riggs? Votes aye, five ayes, zero nays. Motion carries. Okay next okay.

This one came to the commission before if you remember this a couple months back, I think it was the month that I was out the city was working on a kind of process swapping replanting with the court family. Their original area that they want to rezone to highway business has changed since that time. If you look at the location maps and the staff report It's that yellow area, that dashed yellow area that's going proposed to go to B4 now. That B4 was a fairly narrow strip just north of the southern parcels there. They're also wanting to include a flag lot on the west side of the property. You can hardly see it because it's so narrow compared to everything else, but that's in an orange dash there. And that's basically so they can access the conservation zoning parcels to the north because they do go out there and hunt, and so they want to maintain some access. They had explored an easement, but they prefer to have it as their own property. properties so we worked with them on that they had a survey done. Overall staff feel that you know this this is in line with the comprehensive plan. The properties are. Designated as before. You know they do have limited development potential because of the floodplain there any new development will have to. Follow that that floodplain ordinance staff's understanding that uh they want to do some sort of solar farm uh there in the future which you know could could work out and could be could be feasible there but again have to follow the floodplain ordinance so staff recommend approval of this just because it supports an appropriate land use transition and is compatible with the surrounding properties especially the city-owned properties there to the south so we recommend that the planning and so the zoning commission passed a recommendation to the city council for approval

i still move make a motion to pass it on to city council second motion by mavis second by moline any discussion all those well we need a roll call don't we uh sour ads yes frager moline yes mavis yes riggs votes aye five eyes zero nays motion carries

As an aside, years ago when we did, we had students doing some studies of this area and we saw that intersection for potential. And many of them developed some really creative design to have good business be there, but even looks kind of attractive and where the parking could be and everything else. So I would hope that