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Regular City Council Meeting Monday, May 18, 2009 Page 17 lated to municipal authority for location and/or approval of communication an- tenna and towers, in addition to seeking confirmation from the City Attorney's of- fice as well. Councilmember Roe advised that the FCC and federal law related to tower siting did not allow municipalities to deny on the basis of health or envi- ronmental concerns, as long as the proposed equipment met FCC requirements for radio frequency emissions. Councilmember Roe advised that the City Council could request that the applicant demonstrate that they have documentation of that. Mark Hemstreet, Buell Consulting, Inc. and Authorized Representative of AT&T Mr. Hemstreet concurred with Councilmember Roe, based on provisions of the Telecommunications Act of 1996, that local authorities cannot reject application based on health concerns if AT&T can provide they are abiding by FCC regula- tions. Councilmember Ihlan requested that verification and documentation be in hand prior to City Council approval; opining that otherwise the City Council would be disenfranchising residents from due process and public comment. Ihlan moved to continue consideration of this item to the June 8, 2009 meeting to allow residents to provide additional information; and for the applicant to provide documentation as referenced. The motion failed for lack of a second. Roe moved, Johnson seconded, adoption of Resolution No. 10710 entitled, "A Resolution Approving an Amendment to the Eaglecrest Planned Unit Develop- ment (PUD), 2925 Lincoln Drive (PF09-008);" allowing the installation of three pair of telecommunication antenna and an equipment shelter on the roof of 2925 Lincoln Drive; amended to include an additional condition between existing con- ditions #3 and 4 and renumbering conditions accordingly, with the new condition providing for: ^ "AT & T Telecommunications shall provide documentation to the City of compliance with FCC radio emissions." Further discussion included placement of antennas on the rooftop and potential impacts to the neighborhood; placement of antenna to directionally target specific areas and minimize visual impact as much as possible; and screening of the equipment for maximum screening from the ground. Mayor Klausing spoke in support of the motion; recognizing concerns raised by citizens, but not putting form over substance, and addressing the situation by add- ing anadditional condition to the approval.