Minutes of the Village of Tinley Park Plan Commission April 17, 2014

MINUTES OF THE PLAN COMMISSION VILLAGE OF TINLEY PARK, COOK AND WILL COUNTIES, ILLINOIS HELD APRIL 17, 2014 The regular meeting of the Plan Commission was held in the Council Chambers of Village Hall on April 17, 2014 at 7:30p.m.

ROLL CALL Present and responding to roll call were the following: Plan Commission Chairman:

Rita Walker

Plan Commissioners:

Tom Mahoney Bob McClellan Mark Moylan Art Pierce Bill Reidy

Absent Plan Commissioners:

Kevin Berry* (Arrived at 7:40PM) Jeff Ficaro Maureen McLeod

Village Staff:

Amy Connolly, Planning Director Michael Kowski, Planner II Debra Kotas, Commission Secretary

CALL TO ORDER Plan Commission Chairman Walker called to the meeting to order at 7:32p.m.

APPROVAL OF MINUTES Minutes of the April 3, 2014 Plan Commission Meeting were presented for approval. A motion was made by COMMISSIONER MAHONEY seconded by COMMISSIONER MOYLAN to approve the Minutes as presented. AYE:

Plan Commissioners Tom Mahoney, Bob McClellan, Mark Moylan, Art Pierce, Bill Reidy and Chairman Rita Walker

NAY:

None

ABSENT: Plan Commissioners Kevin Berry, Jeff Ficaro and Maureen McLeod THE MOTION WAS APPROVED UNANIMOUSLY by roll call. WALKER declared the motion approved.

Page 1 of 11

PLAN COMMISSION CHAIRMAN

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

TO:

THE VILLAGE OF TINLEY PARK PRESIDENT AND BOARD OF TRUSTEES

FROM:

THE VILLAGE OF TINLEY PARK PLAN COMMISSION

SUBJECT:

MINUTES OF THE APRIL 17, 2014 MEETING

PUBLIC HEARING #1: NATIONAL WIRELESS VENTURES, LLC FOR AT&T WIRELESS-SPECIAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITY AND SITE PLAN APPROVAL – CHRISTA MCAULIFFE ELEMENTARY SCHOOL AT 8944 174TH STREET (Continuation from March 20, 2014) (Commissioners Reidy and Mahoney) Consider recommending to the Village Board to grant a Special Use Permit and Site Plan Approval for the construction of a new wireless telecommunications facility consisting of a 129’ monopole, antennas, equipment shelter and fence on land leased from Kirby School District #140 and within the R3PD Single Family Residential Zoning District Present were the following: Plan Commission Chairman:

Rita Walker

Plan Commissioners:

Tom Mahoney Bob McClellan Mark Moylan Art Pierce Bill Reidy Kevin Berry (Arrived at 7:40PM)

Absent Plan Commissioners:

Jeff Ficaro Maureen McLeod

Village Staff:

Amy Connolly, Planning Director Michael Kowski, Planner II Max Machuta, Consultant David Anders, Consulting Attorney Debra Kotas, Commission Secretary

Petitioners:

Sam Balark, AT&T-Internal Affairs Mark Butler, AT&T-RF Engineering John Lenahan, Attorney representing AT&T Robert Stapleton, National Wireless Ventures

PLAN COMMISSION CHAIRMAN WALKER opened the Public Hearing at 7:34 p.m. by asking if anyone in attendance wished to present testimony, comment, engage in cross-examination or ask questions during the Hearing. The aforementioned petitioners and guests in attendance arose and were subsequently sworn in by CHAIRMAN WALKER. CHAIRMAN WALKER confirmed that a notice regarding this Public Hearing was published in the local newspaper in accordance with State law and Village Code/Zoning requirements.

Page 2 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

COMMISSIONER WALKER began by stating that this Hearing is a continuation from the March 20, 2014 meeting. She introduced MS. CONNOLLY, VILLAGE PLANNING DIRECTOR, who proceeded to explain how the petition for the Special Use Permit for a Wireless Telecommunications Facility at Christa McAuliffe School arrived to the Plan Commission, consideration factors and Village Ordinance standards for wireless communication facilities, and the Public Hearing process to be followed this evening. MS. CONNOLLY reported that the petition was initially submitted to Village Planning Department in November 2013; subsequently reviewed by various Village departments for Village code and ordinance compliance during the months of December and January; introduced to the Plan Commission on March 6, 2014; with the first Public Hearing being held on March 20, 2014 which was continued to April 17, 2014 (today) with appropriate State law-required publication notice. MS. CONNOLLY also reported that a courtesy notice regarding the petition and upcoming meeting was sent to nearby residences within 250’ of the planned facility. She explained that after review by the Plan Commission, whether approved or not, it will tentatively be introduced to the Village Board on May 6, 2014 for a potential vote by the Village Board on May 20, 2014. MS. CONNOLLY proceeded to explain the Plan Commission consideration factors and ordinance standards for approval of a Special Use Permit for a wireless telecommunications facility which include: 1. Compliance with seven (7) Findings of Fact 2. Site Plan Approval 3. Location preferences where the public would most benefit, in the following order: a. Village-owned properties b. Municipal-owned properties c. M-1 industrial districts 4. Co-Location; an opportunity to accommodate other wireless carriers to ensure less wireless facilities 5. Proof of Need; that the proposed facility will provide a service to the community MS. CONNOLLY concluded her presentation. ROBERT STAPLETON, Chief Executive Officer-National Wireless Ventures, a consultant for AT&T, again reviewed the aforementioned factors in determining the best location for a wireless facility for the purpose of improving services for AT&T customers. He reported through the search process, three (3) sites have been identified, including Christa McAuliffe Elementary School. He also reported a 25-year agreement has been entered into with Kirby School District. MR. STAPLETON introduced JOHN LENAHAN, attorney representing AT&T, who addressed the need for present and future improved wireless telecommunication services in the Tinley Park area due to increased wireless demand. He explained the need for adding 700 MHz (low band) and 2100MHz (high band) SpectrumAdvanced Wireless Services (AWS) which would be achieved through the construction of a wireless tower. MR. LENAHAN explained the need for more cell phone towers in residential areas is the result of an increase in wireless demand resulting from the following: 1. Data usage as a result of increased use of “smartphones” and tablets 2. Elimination of landline telephones 3. Businesses using wireless tablets to process transactions 4. an increase in 911 calls dialed from cell phones MR. LENAHAN introduced MARK BUTLER, Manager of RF Engineering for AT&T, to discuss propagation maps that indicate proof of need.

Page 3 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

MR. BUTLER reviewed propagation maps that reveal existing wireless coverage, areas with a lack of coverage and predicated improvement with the addition of the proposed wireless facility at Christa McAuliffe School. MR. STAPLETON then reviewed the proposed location for the wireless telecommunications facility at Christa McAuliffe School including construction of a 129’ monopole including antenna and lightning rod, brick-sided equipment shelter with generator, and 6’ vinyl fence to be located directly west of the School on the north side of the parking lot. MR. LENAHAN confirmed that AT&T has met the Findings of Fact required by Village Ordinance and is requesting a Special Use Permit for the wireless telecommunications facility. CHAIRMAN WALKER opened the Hearing to questions from Plan Commission members. COMMISSIONER MCCLELLAN agreed with the need for increased wireless service, however, is concerned about the location of Christa McAuliffe School as a proposed site and its affect on property values on homes in the area since Findings of Fact indicate it will not diminish or impair a property’s value. He inquired if there were any proposals or studies than substantiate that. He then inquired if the Petitioner had contacted School District #230 regarding a possible site on Andrew High School property just west of Christa McAuliffe School since there was currently a wireless tower located on that property in the form of a flag pole. He asked if a formal letter had been received indicating this was not a consideration by District #230. MR. STAPLETON explained the flagpole currently located at Andrew High School, owned by T-Mobile, does not allow for Co-Location based on the type of equipment currently located within the pole and lack of equipment required for enhanced services by AT&T. He also explained that Kirby School District was a very interested property owner, therefore, no further discussion was being conducted with District #230. He also stated that he is not aware of a report indicating that a wireless facility will lower property values. COMMISSIONER MCCLELLAN stated that he would not be willing to vote in favor of this Special Use Permit until evidence is provided that proves this would not lower a property’s value. He also requested correspondence be presented that District #230 would not be an interested party. MR. LENAHAN indicated the design of the antenna will minimize the visual impact. He reiterated the proposed site is not residential but a school. COMMISSIONER MCCLELLAN suggested the design of the proposed facility also be a flagpole in order to blend in better aesthetically with a possible location just slightly west, toward Andrew High School. COMMISSIONER REIDY requested MR. BUTLER explain to the Commission and the audience why a flagpole is not a viable option. MR. BUTLER proceeded to explain the various structural issues that would prohibit construction of a flagpole, including the amount of equipment that is required to adequately provide the upgrade in wireless service needed. MR. LENAHAN again explained Petitioner compliance with Village Ordinance requirement allowing for CoLocation at the Christa McAuliffe site which would allow for other wireless carriers or public service networks to co-locate on the wireless facility thus eliminating the need for construction of other potential wireless facilities. COMMISSIONER REIDY agreed that the flagpole currently located at Andrew High School is not a viable site.

Page 4 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

COMMISSIONER BERRY inquired about the other Village-owned locations initially considered as possible sites, including Fire Station #3 and the undeveloped property east of LaGrange Road 175th Street/96th Avenue, and why they were not considered. MS. CONNOLLY explained that the Village is considering an expansion to Fire Station #3 and is also located on a small parcel of land, thus a sufficient amount of property would not be available. She reported Village Administration was not interested in the 175th Street/96th Avenue location due to the size of the parcel and its undetermined future use that could prohibit future development on that land. She reported that a consultant was hired to examine other locations, however, nothing was identified. MS. CONNOLLY presented the Site Plan for the Christa McAuliffe site detailing the specifics of the site including the 120’ monopole, 6’ antenna and 3’ lightning rod along with an equipment shed that will be colorcoordinated to match that of the School. MS. CONNOLLY introduced MAX MACHUTA, Municipal Services Corporation, consultant for the Village of Tinley Park, who presented a Site Analysis and Proof of Need for the Christa McAuliffe location. MR. MACHUTA detailed a map of the existing and proposed wireless sites. He reported on an Empirical Drive Study performed to determine signal strength and data speeds in those areas. He indicated the proposed structure is required in order to provide adequate radio frequency signal coverage for the surrounding area. Based on findings, he concluded the Petitioner has provided evidence meeting the Proof of Need standard. He also reported the other areas being considered (Fire Station #3, 175th Street/96th Avenue parcel) were not suitable locations for a wireless facilities and that no other village-owned sites are suitable for co-locating. CHAIRMAN WALKER opened the Hearing to questions by Commission Members. There being no further questions from Commission Members, CHAIRMAN WALKER opened the Hearing to any Objectors/Interested Persons who wished to address the Hearing regarding the proposed facility at Christa McAuliffe School. The following individuals came forward: RICHARD DEPLEWSKI (16864 Sandy Lane) expressed concern regarding a decrease in the property values of homes surrounding all 3 sites. He also inquired about potential health concerns to children at the schools. He inquired about the agreement with Kirby School District. He suggested other sites be considered rather than at schools. He also expressed concern regarding the construction of additional wireless facilities by other carriers. MR. LENAHAN stated there is no proof regarding a decrease in property values related to wireless structures. He reported the FCC regulates radio frequency emissions for wireless structures and the potential sites are in compliance with all federal regulations. He again confirmed that these wireless towers will allow for co-location by other carriers, thus eliminating the need for construction of additional towers. CHAIRMAN WALKER referred to a study conducted by the American Cancer Society that wireless structures are safe and do not propose a health risk. MR. MAHONEY added that the agreement with Kirby School District #140 regarding placement of the wireless facilities is contingent upon approval by the Plan Commission and Village Board. DAVE ULRICH (8847 Juniper) agreed with the need for updated wireless service, however, believes there are better locations. He indicated the proposed facility at Christa McAuliffe School will be adjacent to his home and he is concerned this may affect the quality of life and property values to the residential area near his home.

Page 5 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

PATRICIA GREGOR (16148 Ozark), a breast cancer survivor, tearfully read from a prepared statement expressing health concerns pertaining to radio frequency emissions. Ms. Gregor, a real estate appraiser, stated there is an effect on property values on homes near a wireless structure. She requested more responsible placement of the towers be considered since the facility at Helen Keller School will be directly on the playground. She expressed concern regarding the effect of the proposed structures on the Tinley Park community and surrounding homes. She inquired if appropriate protocol was being followed for approval of these facilities. She reported that a petition is being circulated regarding objection to this site. JASON RONEY (9915 Mansfield) stated he has an 8-year old son who is a student at Christa McAuliffe School who had been diagnosed with cancer. He indicated there is no definitive study, only research, on the long term effects from radio frequency emissions to children. He expressed concerns regarding potential health risks to children at the School since the wireless facility will be close to the School building. He suggested the area near the Moraine Valley Campus on 179th Street had be explored as a potential location. SHERRI LEE STRAIGHT (7411 Dorothy) stated she has AT&T as a wireless carrier and has no problems with speed or signal. She indicated she is a breast cancer survivor and expressed concern that the study performed by the American Cancer Society is from February, 2013. She requested more recent research be examined. MIKE MUCHOWICZ (16241 Ozark) objected to the wireless facilities being placed on school property with Kirby School District receiving monies from AT&T for construction of these facilities. PATRICIA PRICE (7406 W. 170th Place) formally objected to the wireless facility at John A. Bannes School. She requested the power-point presentations by the Village and AT&T be made available to the public. She asked if a representative was in attendance from Kirby School District. She suggested the area near the previous mental health facility be considered as a possible location since it is no longer being used. She questioned FCC studies regarding potential health risks. She also expressed concerns regarding the water and wildlife near the towers. MR. STAPLETON again explained the process of examining properties as potential sites. He further explained the regulatory process and the steps that need to be completed in order to obtain a federal license for these sites which includes potential environmental impacts. He indicated they pre-filed with the federal government, with the FCC and FAA as part of the process. He stated that all of these records are available to the public. JOHN KWAK (7400 W. 170th Place) also expressed potential health concerns regarding radio waves and a possible decrease in his property value. He is concerned about the quality of life in Tinley Park being diminished. He stated he spoke with service people who perform maintenance on these wireless poles regarding antenna emissions. He suggested empty industrial space or the empty parcels of land in the Village be considered as potential locations, including the area behind Kmart on Harlem Avenue. With no further individuals coming forward, CHAIRMAN WALKER welcomed rebuttal by the Petitioner. MR. LENAHAN again responded to the expressed health concerns regarding radio frequency emissions and stated that the AT&T facilities would be in compliance with FCC rules and requirements, therefore, would not be a valid reason to deny application for the Special Use Permit. COMMISSIONER PIERCE requested clarification regarding the limitations under Federal Law that requires substantial evidence be required to deny AT&T’s Special Use Permit with regard to the authority of state/local governments and how it is applicable to this Permit. MR. LENAHAN referred to the Section of the Law that provides “no state or local government may regulate placement of a wireless facility on the basis of radio frequency emissions as long as the Petitioner is in

Page 6 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

compliance with FCC regulations concerning such emissions”. MR. LENAHAN again confirmed that AT&T will be in full compliance with all FCC requirements pertaining to radio frequency emissions with the installation and operation of the proposed facilities. CHAIRMAN WALKER invited any additional comments or questions for Village Staff or Petitioner. COMMISSIONER MCCLELLAN inquired as to how exactly how many notices were sent to residents in the area of the proposed Christa McAuliffe School site since he believes many of the area residents are unaware of the proposed site. As a matter of good faith, he believes the notice should include any residence within site line of the proposed facility. MS. CONNOLLY reported that the standards for the Public Hearing process were followed in this regard and that notice was sent to those residences within a 250’ radius of the School’s property. Due to the lateness of the hour and in order for the Plan Commission to review all information presented and take all comments into consideration, CHAIRMAN WALKER requested a motion be made to continue the Public Hearing for the Special Use Permit and Site Plan Approval for the proposed Wireless Telecommunications Facility at Christ McAuliffe Elementary School to May 1, 2014. The Motion was made by COMMISSIONER PIERCE, seconded by COMMISSIONER MAHONEY. THE MOTION WAS APPROVED UNANIMOUSLY by voice call; PLAN COMMISSION CHAIRMAN WALKER declared the motion approved.

Page 7 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

TO:

THE VILLAGE OF TINLEY PARK PRESIDENT AND BOARD OF TRUSTEES

FROM:

THE VILLAGE OF TINLEY PARK PLAN COMMISSION

SUBJECT:

THE MINUTES OF THE APRIL 17, 2014 MEETING

PUBLIC HEARING #2: NATIONAL WIRELESS VENTURES, LLC FOR AT&T WIRELESS-SPECIAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITY AND SITE PLAN APPROVAL – HELEN KELLER ELEMENTARY SCHOOL AT 7846 163rd STREET (Commissioners Reidy and Mahoney) Present were the following: Plan Commission Chairman:

Rita Walker

Plan Commissioners:

Tom Mahoney Bob McClellan Mark Moylan Art Pierce Bill Reidy Kevin Berry

Absent Plan Commissioners:

Jeff Ficaro Maureen McLeod

Village Staff:

Amy Connolly, Planning Director Michael Kowski, Planner II Max Machuta, Consultant David Anders, Consulting Attorney Debra Kotas, Commission Secretary

Petitioners:

Sam Balark, AT&T-Internal Affairs Mark Butler, AT&T-RF Engineering John Lenahan, Attorney representing AT&T Robert Stapleton, National Wireless Ventures

COMMISSIONER WALKER requested a motion to open the Public Hearing. A motion was made by COMMISSIONER REIDY seconded by COMMISSIONER MCCELLAN to open the Public Hearing for the Special Use Permit and Site Plan Approval for the proposed Wireless Telecommunications Facility at Helen Keller Elementary School. THE MOTION WAS APPROVED UNANIMOUSLY by voice call. PLAN COMMISSION CHAIRMAN WALKER declared the motion approved. A motion was made by COMMISSIONER REIDY seconded by COMMISSIONER MCCELLAN to continue the Public Hearing for the Special Use Permit and Site Plan Approval for the proposed Wireless Telecommunications Facility at Helen Keller Elementary School to May 1, 2014.

Page 8 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

THE MOTION WAS APPROVED UNANIMOUSLY by voice call. PLAN COMMISSION CHAIRMAN WALKER declared the motion approved.

Page 9 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

TO:

THE VILLAGE OF TINLEY PARK PRESIDENT AND BOARD OF TRUSTEES

FROM:

THE VILLAGE OF TINLEY PARK PLAN COMMISSION

SUBJECT:

THE MINUTES OF THE APRIL 17, 2014 MEETING

PUBLIC HEARING #3: NATIONAL WIRELESS VENTURES, LLC FOR AT&T WIRELESS-SPECIAL USE PERMIT FOR WIRELESS TELECOMMUNICATIONS FACILITY AND SITE PLAN APPROVAL – JOHN A. BANNES ELEMENTARY SCHOOL AT 16835 ODELL AVENUE (Commissioners Reidy and Mahoney) Present were the following: Plan Commission Chairman:

Rita Walker

Plan Commissioners:

Tom Mahoney Bob McClellan Mark Moylan Art Pierce Bill Reidy Kevin Berry

Absent Plan Commissioners:

Jeff Ficaro Maureen McLeod

Village Staff:

Amy Connolly, Planning Director Michael Kowski, Planner II Max Machuta, Consultant David Anders, Consulting Attorney Debra Kotas, Commission Secretary

Petitioners:

Sam Balark, AT&T-Internal Affairs Mark Butler, AT&T-RF Engineering John Lenahan, Attorney representing AT&T Robert Stapleton, National Wireless Ventures

CHAIRMAN WALKER requested a motion to open the Public Hearing. A motion was made by COMMISSIONER MOYLAN seconded by COMMISSIONER PIERCE to open the Public Hearing for the Special Use Permit and Site Plan Approval for the proposed Wireless Telecommunications Facility at John A. Bannes Elementary School. THE MOTION WAS APPROVED UNANIMOUSLY by voice call. PLAN COMMISSION CHAIRMAN WALKER declared the motion approved. A motion was made by COMMISSIONER MOYLAN seconded by COMMISSIONER PIERCE to continue the Public Hearing for the Special Use Permit and Site Plan Approval for the proposed Wireless Telecommunications Facility at John A. Bannes Elementary School to May 1, 2014. THE MOTION WAS APPROVED UNANIMOUSLY by voice call. PLAN COMMISSION CHAIRMAN WALKER declared the motion approved.

Page 10 of 11

Minutes of the Village of Tinley Park Plan Commission April 17, 2014

ADJOURNMENT There being no further business, the regular meeting of April 17, 2014 concluded at 10:00p.m.

Page 11 of 11