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October 27,2009 Page 3 of 5 <br /> Election NOT to Waive the <br /> 6. Consideration of Change Order 9, Project 07-5, Old Miller Dump Closure Plan. statutory Tort Limits for <br /> Liability Insurance <br /> Report No. 09-250. Purposes. <br /> Report No.09-249. <br /> 7. Consideration of Zoning Code Amendment impacting Chapter 7 of the Zoning *See below.* <br /> Code. Report No. 09-251. Ordinance No, 784. 6. Consideration of Change <br /> Order 9, Project 07-5, Old <br /> Miller Dump Closure Plan. <br /> 8. Acceptance of donation from Be!Air PTA. Report No. 09-252. <br /> Report No.09-250. <br /> Resolution No. 09-066. <br /> 7. Consideration of Zoning <br /> 9. Consideration of Participation Agreement between Northwest Youth &Family Chapter7ofdthmenteZonin impgacting <br /> Services and the City of New Brighton. Report No. 09-253. *Tabled Code. Report No.09-251. <br /> Ordinance No,784. <br /> 10. Authorize Submittal of Application for Grant Funding to Active Living 8.Acceptance of donation <br /> Ramsey County 1,000 Bench Program. Report No. 09-254. from Bel Air PTA. Report <br /> Resolution No. 09-067. No.09-252 <br /> 9. Consideration of <br /> City Manager Lotter explained that annually the City is given the opportunity to waive Participation Agreement <br /> or not to waive the statutory tort limitation. The amount per claimant has changed between Northwest Youth& <br /> form $400,000 to $500,000 and from $1.4 million to $1.5 million per occurrence. Family Services and the City <br /> of New Brighton. <br /> Report No. 09-253 <br /> Motion by Councilmember Phillips, seconded by Councilmember Bauman to *Tabled <br /> approve the consent agenda as amended. 10.Authorize Submittal of <br /> Application for Grant <br /> Funding to Active Living <br /> 4 Ayes, 0 Nays—Motion Carried Ramsey County 1,000 <br /> Bench Program. <br /> Report No.09-254. <br /> Public Hearing Public Hearing <br /> None None <br /> Council Business <br /> Council Business 1. NAI Architects on behalf <br /> 1. NAI Architects on behalf of Champps Restaurant request re-approval of a Site of Champps Restaurant <br /> Plan and Special Use Permit to allow construction of an outdoor dining patio request r Specialpc alU of a Site <br /> Plan and Use Permit <br /> on the north side of the existing building at 2397 Palmer Drive. Report No. 09- to allow construction of an <br /> 255. Resolution No. 09-068. outdoor dining patio on the <br /> north side of the existing <br /> building at 2397 Palmer <br /> City Planner Janice Gundlach explained this request is very similar to a previous Drive. <br /> request. Two minor differences include: the footprint of the patio has been decreased Report No.09-255 <br /> approximately 900 square feet. The second difference is the potential use of stone Resolution No.09-068. <br /> instead of the previously approved rock face block. The Planning Commission held a <br /> Public Hearing on October 20, 2009, and recommended approval subject to three <br /> additional conditions related to audio capabilities on the patio and any future requests <br /> to cover the patio. Councilmember Phillips requested the condition related to <br /> temporary sign ordinance compliance could be made specific. City Attorney LeFevere <br /> advised a condition could be added provided it is related to a zoning issue. <br /> Councilmember Bauman suggested that a short term event banner would be <br /> appropriate. City Planner Gundlach reported the zoning code allows for two temporary <br /> sign permits, 30 days each; annually. <br />