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. . . City Council Minutes April 4, 2005 Page 7 MOTION CARRIED 5-0. 6.4. Request by Commonweal Devdopment for Preliminary Plat Approval (Carson Business Park). Public Hearing. Case No. P 04-11 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker explained that the applicant is requesting a preliminary plat to subdivide a 10.59 acre pared into 5 lots and 1 outlot. Mr. Harlicker reviewed the request and the Planning Commission's recommendation. Mayor Klinzing opened the public hearing. Dan Clumpner, representing Commonweal Development, stated that the developer understands the condition on the number of peak hour trips but would like for the square footage of the buildings not to be included as a condition for the preliminary plat. Mr. Clumpner also stated that they would like a provision included that would allow for the peak hour trip limitation to be changed if and when traffic issues with Main Street/Highway 169 rmprove. Allan Nadeau, 621 Main Street - questioned if the billboard on the corner of Highway 169/Main Street is necessary as it adds no scenic value. Mr. Harlicker indicated that billboards are allowed in that area as long as they meet the billboard requirements, which this one does. City Attorney Peter Beck noted that the State Legislature has regulated billboards and the city cannot make it a requirement for the billboard to be removed. There being no one further to speak on this issue, Mayor Klinzing closed the public hearing. City Engineer Terry Maurer clarified that the trip limitation of 330 will be for p.m. peak hours. Mr. Beck indicated that the applicant has agreed to the trip limitation with a provision for the limitation to cease if the traffic problems at Main Street/Highway 169 improve. This condition will be written into the devdopment agreement. Councilmember Farber expressed concerns with the traffic on Main Street and would like the city to reserve the right to restrict left turns out of the devdopment if there are traffic problems. Mr. Beck indicated that the city always has the right to control traffic movements and no condition is necessary. Councilmember Dietz noted that if left turns are restricted on one side of Main Street, they should also be restricted on the opposite side of Main Street. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER DIETZ TO APPROVE THE PRELIMINARY PLAT FOR COMMONWEAL DEVELOPMENT FOR CARSON BUSINESS PARK WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS.