Agenda Packets - 1989/12/04 - Laserfiche WebLink

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Mounds view City Council Regular Meeting November 13, 1989 ---------------- Page Eight -------------------------------------------- actual accidents or incidents, not just the squealing of tires. ^1 Mayor Hankner requested that a 12 month evaluation be added to the development agreement. There was discussion on whether the City could make Hardees jump through hoops in setting operating hours, and if it would be arbitrary and capricious to require different hours of them than of similar businesses in the City with the same zoning. A representative from Hardees reported the Planning Commission suggested Hardees set their nours as business dictates, with the Council to review in 12 months. The majority of the Council agreed the City needs to give Hardees the opportunity to set their own hours and either prove or disprove problems, with a review to be done on July 31. The criteria to be considered in the review is whether they create a public nuisance, or any changes to the public health, safety and welfare. JoAnne Koleen, 2617 County Road I, asked if Burger King operates 24 hours a day. Attorney Karney reported they could, but they chose to close. - Councilmember Wuori added Burger King discovered they did not have enough volume, and it is their corporate Policy to close. Mrs. Lee, 7745 Eastwood, stated that just because the property was zoned that way for the past 20 years, does not mean a restaurant was there. It was agreed the hours for delivery would be 6 AM to 8 PM. The development agreement will require landscaping to be maintained, including a fence, if it is required. Mr. Sinclair stated they would like the landscaping to remain as it is proposed. The proposed plantings would be evergreens, which would provide year-round cover. There was discussion on the height of a fence, and Policing concerns. The majority of the Council agreed to requiring a fence on the inside of the berm, directly adjacent to the drive lane, to policing heights.