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. . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 12,2004 6 Councilmember Holden asked what the City's liability was with licensing this. Mr. HeIlegers replied the applicant would need to indemnifY the City if a liability issue would arise. He noted the City Attorney was aware of this issue and would address it in the Licensing Agreement. Councilmember Grant asked if this would be a perpetual license. Mr, HeIlegers replied he did not think it would be perpetual, but he had not had the opportunity to share this with the applicant. John Finn, applicant, 3331 New Brighton, stated the encroachment was not done maliciously and they thought the property line went along the line of trees, which they had planted. He stated they already had moved all of the fences, so all of the encroachments with the exception of the turnaround had been taken care of. He stated he did not completely understand the License Agreement issue, but he would be willing to include the encroachment as a part of his homeowner's insurance and he would work with whatever they needed to work with to keep the trees on the north side. Mayor Aplikowski stated it was her understanding that the City Attorney was having this only as a suggestion and asked if this could come back at a later time. Ms. Wolfe replied the Licensing Agreement issue could be brought back at a future date. Mayor Aplikowski noted the motion would only pertain to the two conditions as noted in staffs report. A discussion ensued as to whether the Planning Commission had approved five or six feet. The Recording Secretary read from the Minutes of the Planning Commission and they had approved six feet Councilmember Grant amended his motion to Condition number 2 to read six feet, rather than five feet. Conncilmember Holden agreed to the amendment. The motion carried unanimously (4-0). Mayor Aplikowski requested staff get further information regarding the License Agreement from the City Attorney. E, Desilmate "Absentee Board" for Elections Ms. Wolfe stated individuals who will be absent or otherwise prevented from going to the polling place on election days because of a disability may vote by "absentee ballot" by completing a "Request for Absentee Ballot" application. In years of Presidential elections, a significant amount of these absentee ballots are applied for by residents who cannot attend the poll on either Election Day. For this reason, staff would like to designate a board consisting of City Hall staff members to accept/reject these envelopes to save the Election Judges from having to perform this task on Election Day.