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Minutes of the Regular .ncil Meeting, September 14, 19. 87 Page 4 CASE #87-28 (Cont'd) There was discussion relative to recourse if neighborhood complaints are received relative to interference with reception. . Moved by Hansen, seconded by Winiecki, that Council approve the Special Use Permit for Amateur Radio Antenna at 1541 Edgewater Avenue, Joseph Kahnke, contingent upon the antenna not exceeding 35 feet in height, 2 inches in diameter, with no guy wires, with no horizontal mast attached, to be located according to the plan submitted by the applicant, and that the permit would expires upon lapse of Kahnke's FCC license or his vacating the premises, whichever comes first. Motion carried unanimously. (4-0) CASE #87-29; DIV. LOT 2, BLOCK I, NORTHWOODS, OPUS Council was referred to Planner's report of August 26, and Planning Commission minutes of 9/2/87, relative to division of Lot 2, Block 1, of Northwoods. Miller explained that Northwoods plat was approved in 1985 by the City and reviewed the proposed development presented at that time. He advised that one of the buildings proposed has not been constructed at this time, apparently due to market conditions, and an insurance company has offered to purchase a portion of Lot 2 for construction of a claims service center. The applicant is requesting approval of the lot division in order to accommodate the insurance claims center; Miller noted that a claims service center is a permitted use in the 1-2 District and two such centers alreadr exist in the City. The Planner stated that Opus Corporation has submitted two alternative revised master development plans; Plan A indicates the attachment of the remainder of . the original lot to the adjacent lot to the northwest, and Plan B uses the north lot for a day care center. Robert Worthington, representing Opus Corporation, was present to answer Council questions. There was discussion relative the two plans outlined by Miller. Peck moved, seconded by Winiecki, that Council approve Case #87-29, Division of Lot 2, Block 1, Northwoods, Opus Corporation, as submitted. Motion carried unanimously. (5-0) EDGEWATER ESTATES; STATUS OF EASEMENT Planner Miller advised Council that the owner of the Edgewater Estates development has been attempting to receive a release of the easement on two single family lots, to make them more buildable, from the U.S. Fish and Wildlife Department. Miller was advised today that U.S. Fish and Wildlife has requested a land trade; U.S. Fish and Wildlife would convey to Edgewater Estates the remainder of the easement on the single family lots if McGuire would transfer ownership of the large open space area designated in the PUD development. He advised that this was initially brought to his attention in March of this year and his . initial reaction was that there should not be a problem with the land transfer if certain restrictions were imposed at the time of transfer: - The large open space area would remain as permanent open space. - Recognition that the open space area was used for density calculations for the Edgewater Estates plat would be noted on the transfer. - The open space land would not be used for public access to the lake; U. S. Fish and Wildlife has indicated that they would use the land for access to the dam. - If an improved road for access to the dam were constructed, it would be placed in such a manner so as not to encroach on the privacy of adjacent residents. Miller explained that Council may choose to consider this proposal carefully before expressing their concerns to McGuire's attorney. He displayed a diagram of the area to familiarize Council with the proposal. Miller commented that Council consider referring this matter to the Attorney for his comments relative to imposing the above restrictions on a Federal agency; on privately owned property this can be accomplished with deed restrictions and can be enforced by Court injunction. Miller was unsure if such . deed restrictions would apply to the U.S. Fish and Wildlife Agency, since the City does not have jurisdiction on Federal land.