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Mounds View City Council October 23, 1989 Regular Meeting Page Four -------------------------------------------------------------------------- • Mayor Hankner explained the pro~alems the City has had in the past in getting the County to do anything on County Road I. Mr. Johnson read from a section of State statutues, stating it was his opinion it gave them 60 days to look at this further. Clerk/Administrator Pauley advised of the referendum process available under the Charter. City Attorney Meyers advised that not all laws or ordinances are subject to referendum. JoAnne Koleen, 2617 County Road I, stated that if Hardees is constructed, she will look out her front window into Hardee's drive through window. She stated she built her home two years ago and has seen develop- ment occur all around her, and she does not want to see Hardees that close to County Road I. She added there is a problem already with traffic and litter in the area. Robert Grace, no address given, stated he lives across the street and questioned what the hours would be. Clerk/Administrator Pauley explained the approvals before the Council do not specify operating hours, and the Council has the option to set them if they choose to do so. Molly Ryan, 7755 Eastwood, asked if the Council received a copy of the petition, with over 140 signatures. She stated they can get more signatures if needed. She added she would rather work with Hardees and stated it could be moved elsewhere in the shopping center so it is not directly across from the homes. Mayor Hankner acknowledged she had received the petition before the meeting. She pointed out, however, that legal procedures were followed with the notification, and the public hearing had been opened and closed without any comments. Legally, the petition cannot be entered into the public record at this time. She added it might be appropriate for the Council to ask Staff to hold an informational meeting between the residents and Paster Enterprises and see if a compromise can be worked out. Mr. Johnson asked what the problem was in holding up the process. Mr. Meyers explained the City could be sued for being . arbitrary and capricious, as well as being sued for damages. He pointed out the City would be liable, not the residents.