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Regular City Council Meeting Monday,August 24, 2015 Page 35 Ms. Erickson referenced her written comments as noted above and history of this IU and proposals related to conditions applied to its approval. Ms. Erickson provided a photo of the Vogel property being mowed immediately adjacent to the existing chain link fence and to her residential property and deck as an example of why the neighbors were insistent in the need for the opaque fencing. In the picture, Ms. Erickson noted the person on a riding mower with protective headgear unable to hear their requests to vary mowing times, or in some way respond to their concerns about disrupting meals or family gatherings on the deck. Ms. Erickson addressed visual issues, with the photo taken from their kitchen table that very evening and immediately adjacent to their deck creat- ing additional issues with fumes and noise. Ms. Erickson noted a recent family gathering that had to be moved indoors from the deck due to fumes and noise. Ms. Erickson reiterated Ms. McCormick's comments that the fence had been in- stalled by Aramark at least thirty years ago. Ms. Erickson also noted the un- known with the Vogel's as to traffic generated and their operations and what all that entails, opining it may prove worse than the Aramark operation. Ms. Erick- son noted their observations of the Xcel work on the line for the Vogel operation. Ms. Erickson stated that it had been sixteen months since Vogel's agreed to the conditions, and while the neighbors had tried not to complain, there kept waiting for resolution. Ms. Erickson noted a recent situation where she observed from her property that there were two men out behind their property looking through the fence; and when she asked them what they were doing, they responded that they were per- forming a survey for Vogel's to determine their property line, at which time she requested their business card for verification. When pursuing the conversation, Ms. Erickson stated their response was that whoever installed the existing fence did a good job as it was almost right on the property line. Ms. Erickson repeated that neither she nor the neighbors were trying to be mean or cause trouble for the Vogel's, but they just wanted to have their privacy and have the Vogel's take responsibility for their own property and provide a differen- tial between residential and commercial properties, as was the neighborhood's understanding. Councilmember Willmus asked the City Attorney to opine regarding legalities of locating a fence within an easement area. City Attorney Gaughan advised that a review of each specific easement agree- ment would be critical in defining requirements. However, Mr. Gaughan clarified that the question before the City Council for direction to staff and interested par- ties was strictly related to whether or not a 6' to 8' opaque fence and plantings —