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"1*2 Thomas Paschke From: Paul Bilotta Sent: Monday, August 24, 2015 5:08 PM To: Pat Trudgeon; Thomas Paschke Subject: Fwd: Agenda Item #14 Fyi Forwarded message From: Dan Wall <dwall(dgmwlaw.com> Date: Aug 24, 2015 4:01 PM Subject: Agenda Item#14 To: Paul Bilotta<Paul.Bilotta(iicityofroseville.com> Cc: 'Bonnie Vogel' <bvogel(crtvogelmechanical.com> Paul: I am responding to tonight's agenda Item No. 14.d on behalf of my client, Vogel Sheetmetal, Inc. (Vogel). First of all, please include me on all notices, emails or other communications the city has with Vogel from here on. I only recently became aware that this matter was on tonight's agenda. As I understand your request, you want council members to identify 1) where the fence along the north property line should be placed and 2) how many and what kind of trees should be planted as a buffer to the homes north of the Vogel property. We believe the plan we have submitted follows staffs recommendation and is best for the neighbors. As you have been told,there is a 10' utility easement along the north property line for power lines that serve those homeowners. Xcel's contractor recently came on Vogel's site, with Vogel's approval, and trimmed trees along that boundary for the benefit of those homes. We are also aware that there may be an easement in favor of Century Link for buried telephone cable along that north boundary. We have been working with the title company and Century Link on finding that easement but have not yet located it. Given the fact that there is at least one, and maybe two, utility easements along the north property line—or within a foot or two of that line—there is no likelihood that a fence would be, or should be, placed there. It makes no sense for anyone to argue otherwise. Weeks ago you,Thomas Paschke, Dave and Bonnie Vogel, the fence contractors and I met on the property and discussed where a fence and trees should be located to best screen the building and the parking area from the neighbors to the north.That decision left an open grass area as a buffer and screened the building and parking lot from the elevated back yard decks. We all agreed that it was the best option to meet the neighbors concerns. The neighbors are now objecting that the proposed location will not screen other neighbors who use that land to walk their dogs and they would be able to see someone cutting the grass. These objections are ridiculous.They apparently want Vogel to place an 8'fence along the property line completely disregarding the existing Xcel easement and the probable Century Link easement. Please keep in mind that the IUP was granted many months back. Bonnie and Dave Vogel have been diligently working toward meeting all the requirements of the IUP, moving its operations, satisfying the small but very intrusive set of neighbors, making substantial improvements to its building and, all the while,trying to take care of its business and customers. It's past time that city staff stop trying appease this small group's ongoing and unrealistic demands. 1