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of North Olmsted, he does not want to see this allowed. He is not against these types of antennas bein' o, put up in the designated areas. This 120 foot tower will stick out and be seen from anywhere. Mr. Hillman believes that if these variances are granted then it will set a precedence to what will be accepted in North Olmsted. Councilman 1Vliller reviewed that Council spent quite a bit of time preparing the overlay district in place as was required by the FCC. Council went to great lengths to make sure this type of industry was placed in areas that are compatible to their needs. It was not a requirement to make a perfect overlay district that will work for all variables possible, not every system works perfectly. There are busy signals, hang-ups and area busyness on landline systems. The esthetics and height of this tower is not conducive to the area. There is an overlay district established and the applicants should be made to work within that area. Mr. Cpareau suggested that everyone needed to pay attention to the first variance requested as it is a use variance. The first variance, a use variance which if allowed will create an overlay on this property for monopoles. Which is the subject matter of North Olmsted overlay district, which does not include this property. He further reviewed that health issues could not be addressed as they are covered by the federal communication act. North Olmsted does have authority to establish zoning criteria within our community relative to the construction of these types of facilities. The City of North Olmsted hired an expert and established an overlay district ordinance. According to the applicants engineering analysis of this, it would appear that if there are 6 major competitors in this market then SprintCom needs their antennas 1'/z mile apart. Which suggests that there would be such a proliferation of monopole's within our City that the current overlay district would have to be ignored and the entire City would have to be considered an overlay district. That was not the spirit of the ordinance and from the Law Departments standpoint in order to have a use permit granted the applicant has to establish 3 criteria's governed by the zoning code. If a use variance is not allowed the other variances are a mute issue. Dr. Singleton indicated that he wanted to clarify a couple of comments made by tihe applicants. The earth mounds they spoke of are not 6 to 8 feet high, it is 6 foot tall and the mounds are not taller then him. The tower is in his backyard and at 120 feet high, if it falls, it will fall on not only his home but other homes in the neighborhood as well. He has spoken to cable companies in the area and they have suggested that these antennas interfere with their signals now, allowing more antennas in the area will only create more interference. IV1r. Singleton suggested an ordinance needed to be passed banning the use of cell- phones while driving in North Olmsted. Mr. Gareau suggested that there was currently an ordinance which indicates that while driving in North Olmsted if a driver is involved in an offense or drive erratically because of the use of a cell phone they will have to pay additional fines for their offenses. Dr. Singleton suggested that allowing more antennas into North Olmsted would oi-Ay encourage more cell-phone use. There are currently noise issues causing the neighbors to call the police about deliveries being inade during off-hours, and the residents do not want more trouble in the neighborhood. 1VIr. Steve Fannin indicated that not only is he a resident of the neighborhood, but he also works for Sprint. From an esthetic point of view, he is aware of 1VIcCormick place. From the highway the antenna will not be seen as the building is at least 60 feet high. While looking to buy a home in this area, he noticed that the top of the plaza was not visible from the back of the homes. This was due to the height of the earth mounds and fencing on top of that. The only part that will be visible on the tower is the height in the skyline. Mr. Fannin. suggested that it seemed that the only property that the overlay district was in was City owned property and questioned why that was. Mr. Gareau reviewed that it was not only City owned property but it was also state, CEI, and private owned property in Cireat Northern area so it is not just City owned property. Mr. Fannin suggested he has always wondered why a City would allow 120 foot monopole's in a park as it sticks out like a sore thumb. 1VIr. Gareau indicated that at the time there was not an ordinance dealing with this issue. Instead of the City putting towers like this in our residents backyards the City chose to put it in a park area where they could control what takes place and could also require with a lease arrangement that collocation be used. Mr. Fannin indicated that he did not know that North Olmsted had a cell-phone 7