01/09/2001 Minutes - Laserfiche WebLink

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e prohibiting the provision of personal wireless services. 2. The City must act within a reasonable time upon the proposal. 3. If the City for good reasons deny a proposal it must do so in writing and must be supported by substantial evidence. 4. In regulating the placement and construction of these facilities, the City can not take into effect environmental effects (which includes health concerns) of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such issues. The FCC has published R F standards with respect to different types of telecommunications facilities. So long as an applicant who proposes to construct a facility within the City meets the FCC standards the City can not second-guess and address health concerns, and deny the proposal on that reason. The applicant has a burden to show the coirunission that their facility will comply to the FCC standards, then that ends the issue of health concerns. What is left for the commission to deal with is just like any other zoning proposal. The wireless telecommunication code was designed to deal with issues of sighting of towers and dealing with commiuiication between tower antennas on high buildings and mobile sources. This is a fixed receiving source so it does i7ot quite fall within the city code. In 1999 the City of North Olmsted ruled that this was a like and similar use to those telecommunication facilities which deal with mobile sources. It is an area variance and the City has to consider whether the applicant has practical difficulties meeting the code. As far as health concerns the burden is on the applicant to show that this facility will meet the FCC standards. The City is to treat this proposal as any other zoning area variance being sought. Mr. Kurlander; with Teligent came fonvard to review the proposal. Mr. Kurlander indicated that Teligent has been before the board in the past. What they do is provide wireless communication to businesses, by placing a tower on the tallest build'ulg in the commi.uuty and then from there they have small towers which are placed on buildings being provided the fiber optic like service. North Olmsted's current codes do not provide provisions for the newer type technology being used by our business. He believed that the current ordinance dictates that the antennas must be placed on buildings SSfeet or higher. Mr. Rymarczyk indicated that the code required antennas be placed at least 5 stories high. Mr. Kurlander indicated that all their customers' buildings are not 5 stories lugh. He believes that North Olmsted's code addresses mobile services, as they are able to be flexible as to where their antennas are placed. He read the plain dealer, wluch suggested that they would be placing 8-foot antennas on the buildings when they will only be 2-foot antennas. The residents are concern about the radio signal that will be transmitted. The rear neighbors will not be affected by the antennas as the homes are not within their transmitting path and because the radio waves are so low (2milliwatts). Mr. Subiaur; the engineer came forward to explain the level of power that is emitted from the antennas. Mr. Kurlander suggested that tlie R F waves their antemia omits is so low fliat under the federal guide lines their anteruias are eYCluded from any kind of enviromnental assessment. Mr. Subiaur indicated that the FCC has two classifications, occupational workers limit, which is people that work on the rooftops. Their exposure should not be more than Smilliwatts per centimeter square. Mr. Asseff questioned where the measureinent was taken froin. Mr. Subiaur suggested that a worker working on an antenna can never be exposed to Smilliwatts per centimeter per square uich. Mr. Asseff indicated that the resident's are concenied that the exposure will be constant. He questioned if there was a maximum exposure tune set by the FCC as well as the Smilliwatts per square. Mr. Subiaur commented that the FCC indicates no more than Smilliwatts at any time. The FCC stipulates that patrons walking or in a building, the maximum exposure should not exceed lmilliwatt per square centimeter. Currently cellular telephone systems transmit a higher milliwatt per square then our system. Their transmitting power is in the range of SOmilliwatts, witch translates to about .09milliwatts per square centimeter. Mr. Asseff questioned where the readings were taken. Mr. Subiaur indicated that the readings were taken right in front of the antemias. Therefore, you would have to be standing right in front of the antenna to be exposed to the .09milliwatts. Mr. Kurlander remarked that the signal is a pinpoint signal and no one will be exposed to the signal. Mr. Tallon questioned if there was any fallout between any given point. Mr. Subiaur commented that their technology was a point to point system and directional transmitters