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12/15/99 WED 16:05 FAX 16123402644 DORSEY WHITNEY ~005 DORSEY & WHITNEY LLP Honorable Mayor Daniel Wall and City Council Members December 15, 1999 Page 4 B. Section 1006.02 (page 4, lines 9-11) provides that cornmerci<ll trucks exceeding one ron should not use routes which bring the vehicJe~ berween the building and a residential district boundary. Similarly to our comment in paragraph 2A above, this provision cannot be complied with by M & J as the owner of an existing property, and in addition, conflicts with other Sections of the Ordinance. See page 5, Jines 7.9 of Section] 006.02 for example. C. Section 1006. 02 (page 5, lines 19-26) provides that the loading docks must be used in specified manners. Again, similar to our comment in paragraph 2A above, this provision cannot be complied with by M & J as the owner of an existing propcny. D. With respect to the Plan Review requirements. if there is a significant change in the regular hours of operation. M & J may not have control over a tenant's change in hours, M & J has previously existing contraclual obligations under lea~cs "''lith tenants in the Crossroads Shopping Center. Since M & J may lack the ability to enforce rhese zoning changes against tenants, M & J could be subjected to Litigation by its tenants for breach of contract. 4. The Ordinance raises DubHe safety concerns. A. The Ordinance requires snow removal and cerlain other operation activities to take place during the hours of7:00 a.m. and 10:00 p,m., which are the hOllrs when customers and their vehicles are present at the Shopping Center. Public safety COncerns and sound management principles dictate that snow removal and certain other operation activities such as parkin~ lot sweeping and restriping be done outside normal business hours so that it can be accomplished with the least amount of danger to pedestrians. lraffic and parked vehicles. B. Section 1006.02(1) of the Code, as amended by the Ordinance. would require M & J to turn off all lights between the hours of 10:00 p.m. and sunrise unless they arc reasonably required for security or business operation. This would expose M & J to liability if' someone is hurt or attacked in its parking lot during these hours if adequate lighting is not maintained. In addition, if a store has employees working during these hours. the employees will need an adequately lighted parking lot to enSure their safety, There is no standard spec i ri~cI as [() what lighting is reasonable. C. Section lO06.02(L)(3)) of the Code, as amended by the Ordinance. would require the owners to provide "frequent and thorough security monitoring." It is not cleal' as to what is "frequent and thorough" and could subject the property owner to potentialliabilily for failure to comply with this vague legal requirement.