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Mounds iew ity Council November 13, 1989 Regular Meet'ng Page Eight • actual ~ccid~nts or incidents, not just the squealing of tine Mayor H nkne requested that a 12 month evaluation be added to the development agreement. ' There as di cussion on whether the City could make Hardee jump through hoops in setting operating hours, and if it wo ld be arbitrary and capricious to require differ nt ho rs of them than of similar businesses in the Ci y wit the same zoning. A repr senta ive from Hardees reported the Planning Commis ion s ggested Hardees set their hours as busine s dic ates, with the Council to review in 12 months The ma orit of the Council agreed the City needs to give H rdee the opportunity to set their own hours and ei her rove or disprove problems, with a review to be one n July 31. The criteria to be considered in the revi w is whether they create a public nuisance, or any chan es to the public health, safety and welfare. JoAnne Kole n, 2617 County Road I, asked if Burger King o erat s 24 hours a day. Attorney Ka ney reported they could, but they chose to close. Councilmemb r Wuori added Burger King discovered they did n t hav enough volume, and it is their corporate polic to c ose. Mrs. ee, 7 45 Eastwood, stated that just because the grope ty wa zoned that way for the past 20 years, does not m an a estaurant was there. It wa$ agreled the hours for delivery would be 6 AM to 8 PM. The d~velo~ment agreement will require landscaping to be ma ntai ed, including a fence, if it is required. Mr. S'ncla'r stated they would like the landscaping to re ain s it is proposed. The proposed plantings would be e ergreens, which would provide year-round cover. There was iscussion on the height of a fence, and policing c ncerns. The majority of the Council agreed to requiri g a fence on the inside of the berm, dire tly a jacent to the drive lane, to policing heights.