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? CITY OF NOR'TH OLMSTED "TOGE'I'HElt WE CAN MAKE A DIFFEIYEl`1CE! PLANNING COMIVIISSION 1VIMUTES - JANUA1zX 9, 2001 IloT COUNCIL CHAIVIBERS 7:30 P.M. I. ROLL CALL: Chairman, Tallon called the meeting to order at 7:45PM. PRESENT: Chairman, Tallon; Board members, K. 0'Rourke, R. Koeth, S. Asseff, C. Allan and T. Hreha. ALSO PRESENT: Assistant Law Director, J. Dubelko, City Engineer, P. Deichmann, Assistant Building Commissioner, T. Rymarczyk and Clerk of Commissions, D. Rote. ABSENT: Board member; W. Spalding. II. REVIEW AND CORRECTION OF MINUTES: The Plaruiuig Commission minutes dated November 14, and 28, 2000 have been submitted for approval. R. Tallon motioned to approve the Planning Commission minutes dated November 14, 2000 as written. The motion was seconded by K. 0'Rourke and unanimously approved. R. Tallon inotioned to approve the Planning Commission minutes dated November 28, 2001 as written. The motion was seconded by K. O'Rourke and unaiumously approved. III. BUILDING DEPARTMENT REQUESTS: 1. Halleen Auto Sales; 27461 Lorain Road: Proposal consists of new auto sales building. Note: 1). This submission is pending lot consolidation. 2). Variances are required. 3). This proposal was tabled at the November 28, 2000 Planning Commission meeting. ,, Chainnan Tallon announced that at the request of the applicant the proposal is tabled indefuutely. 2. TechnoloQV Park 1(Teligent, Inc.) 25 1 1 1-25 1 65 Countrv Club Blvd.: Proposal consists of installing a 24-inch microwave anterula on a two-(2) story building for use with fixed vvireless telephone tecluiology. Note: 1. Height variance will be required. 2. Planning Commission tabled this proposal November 14 & 28, 2000. Chairman Tallon called all urterested parties forward to review the proposal. Mr. Tallon indicated that Technology Park I and II would be addressed together and read aloud both request write-ups. Mr. Tallon invited the Assistant Law Director, J. Dubellco to explain the law department's findings since the last meetuig. Mr. Dubelko indicated that both proposals were deferred to the law department to address the issue as to whether or not health concerns could be taken into consideration when ruling on both of the proposals. He has done extensive research on the telecommunication's act of 1996 and has received inaterials diat Teligent has provided ui conjunction with their application. Mr. Todd Hunt whom specializes in telecommunication laws was also consulted. Mr. Dubelko indicated that he was convinced that Teligent is a common carrier wireless exchange access service and as such, it falls within the defuution of personal wireless services under the telecommunications act of 1996. While the City retains zoning authority with respect to applications for construction and placement, there are lunitations in the Cities zoning authority. l. The City can not regulate the placement, construction etc. of these facilities to discrinunate asnong functionally equivalent services or have the effect of