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+ � . <br /> condition that a certified engineer's drawing be submitted and the parking spaces recovered <br /> before the petition is acted on by City Council. He stated that he had thought this was acceptable <br /> and had just found out a few minutes ago that it was not. Mr.Flynn stated that it would not be a <br /> feasible use of anyone's time to table the petition. He requested that the request be approved on <br /> the condition of appropriate document submittal. <br /> Mr. Flynn stated that he disagreed with the staff's report regarding petitioner's noncompliance of <br /> submitting letters from Illinois Power and the Railroad. He stated that there is nothing in the <br /> Zoning Ordinance that states the documentation is required and that it is only a request by staff. <br /> Mr. Flynn stated that phone calls were made to the Railroad as well as sendingeMails and <br /> registered mail. He stated that there are liability issues and the approval would be nearly <br /> impossible to obtain. Mr. Flynn stated that if the Railroad had objected he believed they would <br /> have stated so. <br /> Documentation was submitted with numerous pictures of cell towers next to railroads as well as <br /> towers in the middle of railroad switching stations. Mr. Flynn stated that the City has an obvious <br /> desire to provide appropriate measures for the health and safety of the community. If the <br /> Railroad had a specific objection, Mr.Flynn felt that they would have stated so. Petitioner was <br /> forced to proceed with communication stating that if the Railroad did not respond it would be <br /> assumed that there was no objection. <br /> Mr. Shampine stated that he was concerned if the Commission had met the requirements before <br /> forwarding a recommendation to City Council. Mr.Flynn stated that it would be up to the <br /> Inspections Division to determine if the pole was built to code. He referenced a community that <br /> had been hit by tornadoes and all that was left standing was the cell towers as the only source of <br /> communications for safety services. He stated that it would require three quarters of an inch of <br /> ice from top to bottom of the pole and 100 mile per hour winds to take the tower down. <br /> Mr. John asked if City Counsel concurred. Mrs.Morthland answered no and stated that if the <br /> City allows by Ordinance for the structure to be built then a a potential liability has been created, <br /> in this case, one that is potentially dangerous to the Railroad. <br /> Mr. Flynn stated that building the tower to code would ensure the integrity of the structure and <br /> that the likelihood of the tower falling is minute, especially compared to other structures. He <br /> stated that he had requested information from the City regarding cell tower applications and the <br /> Railroad had objected to the tower located at Sims Lumber Company. The petition had been <br /> tabled one month and the Plan Commission had voted at their next meeting to recommend <br /> approval of that cell tower on condition of a written letter from Sims Lumber Company. Mr. <br /> Flynn stated that dealing with the Railroad was very difficult and time consuming. <br /> Mr. Hans Mugler of CIS Communications was present and stated that there could be millions of <br /> reasons why the Railroad had not responded and that the Railroad leases their own right of way. <br /> Mr. Mugler stated that Illinois Power had responded with a letter that they were not thrilled with <br /> the choice of location noting that if lightning should hit the tower there may be sparks which <br /> could fall on the electrical substation and cause outages. He stated that Illinois Power is now <br /> owned by Dynegy and their representative was emphatic as to not producing a letter that would <br /> create liability. Mr.Mugler stated that this tower exceeds the required standards. CIS has built <br /> 1500 towers across the United States and Spectrasite has built thousands. Mr. Mugler stated that <br />