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October 27, <br />6. Consideration of Change Order 9, Project 07-5, Old Miller Dump Closure Plan. <br />Report No. 09-250. <br />7. Consideration of Zoning Code Amendment impacting Chapter 7 of the Zoning <br />Code. Report No. 09-251. Ordinance No, 784. <br />8. Acceptance of donation from Bel Air PTA. Report No. 09-252. <br />Resolution No. 09-066. <br />9. Consideration of Participation Agreement between Northwest Youth & Family <br />Services and the City of New Brighton. Report No. 09-253. *Tabled <br />10. Authorize Submittal of Application for Grant Funding to Active Living <br />Ramsey County 1,000 Bench Program. Report No. 09-254. <br />Resolution No. 09-067. <br />City Manager Lotter explained that annually the City is given the opportunity to waive <br />or not to waive the statutory tort limitation. The amount per claimant has changed <br />form $400,000 to $500,000 and from $1.4 million to $1.5 million per occurrence. <br />Motion by Councilmember Phillips, seconded by Councilmember Bauman to <br />approve the consent agenda as amended. <br />4 Ayes, 0 Nays - Motion Carried <br />Public Hearing <br />None <br />Council Business <br />1. NAI Architects on behalf of Champps Restaurant request re -approval of a Site <br />Plan and Special Use Permit to allow construction of an outdoor dining patio <br />on the north side of the existing building at 2397 Palmer Drive. Report No. 09- <br />255. Resolution No. 09-068. <br />City Planner Janice Gundlach explained this request is very similar to a previous <br />request. Two minor differences include: the footprint of the patio has been decreased <br />approximately 900 square feet. The second difference is the potential use of stone <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 />>--009 Page 3 of 5 <br />5. Resolution Making an <br />Election NOT to Waive the <br />Statutory Tort Limits for <br />Liability Insurance <br />Purposes. <br />Report No. 09-249. <br />*See below.* <br />6. Consideration of Change <br />Order 9, Project 07-5, Old <br />Miller Dump Closure Plan. <br />Report No. 09-250. <br />7. Consideration of Zoning <br />Code Amendment impacting <br />Chapter 7 of the Zoning <br />Code. Report No. 09-251. <br />Ordinance No, 784. <br />8. Acceptance of donation <br />from Bel Air PTA. Report <br />No. 09-252 <br />9. Consideration of <br />Participation Agreement <br />between Northwest Youth & <br />Family Services and the City <br />of New Brighton. <br />Report No. 09-253 <br />*Tabled <br />10. Authorize Submittal of <br />Application for Grant <br />Funding to Active Living <br />Ramsey County 1,000 <br />Bench Program. <br />Report No. 09-254. <br />Public Hearine <br />None <br />Council Business <br />1. NAI Architects on behalf <br />of Champps Restaurant <br />request re -approval of a Site <br />Plan and Special Use Permit <br />to allow construction of an <br />outdoor dining patio on the <br />north side of the existing <br />building at 2397 Palmer <br />Drive. <br />Report No. 09-255 <br />Resolution No. 09-068. <br />