He asked if, rather than prohibiting outside speakers and/or music, to simply require placing a limit on the decibel level. Craig Owens stated that he’s been waiting for rooftop dining and that he would be sad if there was no music at all.

6 Mr. Sedlak agreed. He stated that he’s not trying to make this a nightclub; his intent is to make this a place for a nice social gathering and that the menu will consist of sharable items.

Craig Owens stated that he expects 10 p.m. is when noise has to cease.

Chairman Lichtenfeld agreed. He stated that this is a unique opportunity and that the City should provide the opportunity for success and as such, he is in favor of outside music/speakers with proper restrictions such as not allowing audible activities to trespass the property line after 10 p.m.

Ron Reim mentioned that people talking could be heard across the street.

Craig Owens stated that voices carry more than music and that he would like to come up with language to achieve what seems to be the goal here.

Mr. Ivy suggested turning down the volume after 10 p.m.

Susan Istenes reiterated that there is a hotel across the street.

Chairman Lichtenfeld noted that is a good point; however, if music/sound is prohibited, it would adversely impact the rooftop function/purpose.

Craig Owens stated that he believes that 10 p.m. is the time noise must cease per the noise ordinance.

Mr. Sedlak suggested that the restriction be that speaker sound not be able to be heard from the street. He stated that he wants to be a good neighbor and that he, too, believes that voices will be more audible than the speakers.

Ron Reim asked about live music.

Mr. Sedlak stated that there will be no live music.

Being no further questions or comments, Ron Reim made a motion to recommend approval of the conditional use permit to the Board of Aldermen with the condition that sound from speakers not be heard from the street at any time of day/night. The motion was seconded by Craig Owens and unanimously approved by the members.

The architectural aspects of the project were now up for review.

Susan Istenes stated that due to the fact that no one was in the audience, she was not going to read the staff report. She noted; however, that a variance by the City’s Board of Adjustment will need to be granted before the rear alterations can commence. She stated that staff recommends approval

She noted; however, that a variance by the City’s Board of Adjustment will need to be granted before the rear alterations can commence. She stated that staff recommends approval

7 with the condition that the variance be approved and that the applicant submit a revised site plan showing the green-screen and trellis located entirely within the property boundaries.

Chairman Lichtenfeld asked the applicant if they are okay with these staff recommendations.

Mr. Ivy replied “yes”, noting that the drawings have already been changed and that they have already submitted their application to the Board of Adjustment.

Ron Reim asked about the fire escape on the north side.

Mr. Ivy indicated that it is existing and they didn’t want to remove it even though the building could function without it.

Ron Reim commented that there is trash near the fire escape.

Mr. Sedlak stated that it would be cleaned up.

Sherry Eisenberg asked if there are changes proposed for the trash area.

Mr. Ivy replied “no”.

Sherry Eisenberg questioned if it is sufficient.

Mr. Sedlak stated that there will be more pick-ups than there are currently.

Craig Owens asked about signage.

Mr. Sedlak stated that he will apply for signage once he has made a final decision on the name of the restaurant. He is thinking calling it “Saveur” rather than “Eleventh Hour”.

Hearing no further questions or comments, Chairman Lichtenfeld called for a motion.

Mark Winings made a motion to approve per staff recommendations. The motion was seconded by Craig Owens and unanimously approved by the Board.

Chairman Lichtenfeld asked when he proposes to begin operating.

Mr. Sedlak stated he hopes to open in March.

PUBLIC HEARING – FRONT YARD PROHIBITIONS (AMENDMENT TO ZONING REGULATIONS)

Louis Clayton confirmed. Sherry Eisenberg asked if these mobile food trucks can take up street parking.

9

Louis Clayton stated that the operator would have to obtain City approval to park in the right-of- way.

Ron Reim asked if restaurants will see this as a threat.

Craig Owens indicated that he did not believe so; there would be concern if a food truck parked in front of a restaurant. He referred to the desire to have the bar-b-q truck at Straub’s.

Hearing no further questions or comments (no one in the audience), the public hearing was closed. Ron Reim made a motion to recommend approval of the proposed change to 405. 240 “Front Yard Prohibitions” to the Board of Aldermen as recommended. The motion was seconded by Mark Winings and unanimously approved by the members.

Chairman Lichtenfeld announced that the newest member will be at the next meeting.

Being no further question or comments, this meeting adjourned at 6:35 p.m.

________________________________ Recording Secretary