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The "My Burger" people were at the June Center City meeting to finalize details to purchase the small piece of city property that will provide parking for a walk-up burger stand. Construction is underway on the Grand Avenue site where Anxon is renovating the motel and building the seasonal restaurant. Anxon will also maintain a recreational boat dock on property leased from the city.

Additionally, the developer's attorney, Bill Sheahan and company representative John Abdo were at City Hall Tuesday evening with a new request. They asked to sell 3.2 beer at the new "My Burger." Sheahan said that the State Liquor Board is not involved in such an application and they had been directed to the council for this license.

The "My Burger" restaurant concept for Center City has been several years in the making evolving from an architectural fast food style building that the council turned down on another piece of property several years ago. In February Anxon presented and received council support to go ahead with a more conservative design, paired with the motel renovation and a dock for customers boating on South Center Lake.

"Has there always been a plan to sell alcohol? This is the first we have heard of it," several council members commented, as the discussion began.

Abdo responded that there had been no plan to sell beverages other than soft drinks and shakes until a few weeks ago when consumer feedback indicated that offering 3.2 beer as an additional beverage choice would be a positive marketing tool.

Council Member Mary O'Reilly asked for details on how beer sales would be handled in the family-type walk-up restaurant. Sheahan explained that "My Burger" would like to offer on-sale 3.2 beer in plastic bottles from the pickup counter. The bottles would be opened before they are handed to the customers. There would be signage and aesthetic fencing to guide guests to seating in the screened-in porch. The 3.2 permit requires that the restaurant always have a manager on site over 21. Sheahan added that "My Burger" is asking for, and will comply with suggestions from the council to contain consumption to the restaurant property.

Council Member Mike Hilber said he was concerned because, "We are going from a family restaurant to a place that serves beer. How do the families on Grand Avenue feel about that? There was no talk of this in all the planning." Council Member Barry Moe supported the request with the comment that, "Since it is historically acceptable (to serve 3.2 beer with hamburgers in the area) and it is a yearly license, the council should give it a try."

Moe made a motion to approve a 3.2 license for 2007, subject to the usual background check. Upon O'Reilly's suggestion, Moe amended the motion to include adding a requirement for appealing (restrictive) fencing and signage. Council Member Lloyd Vetter seconded the motion. The motion passed with three "ayes." Mark Wolcott exercised his right as mayor to abstain and Hilber voted "nay."

In other business the council took action on three recommendations from the Planning Commission:

•Gabe and Wendy Minnick received approval for a Conditional Use Permit to add up to 400 yards of fill to improve drainage. Their property on Busch Avenue floods periodically. The Minnicks had complained to the council about damage to their property last October. The fill is expected to solve this issue, and also allow them to add onto their house and build a new garage. The Planning Commission believes proper placement of the fill will not be detrimental to neighboring properties.

City staff and the Planning Commission members apologized to the Minnicks for misinforming them about setback allowances. They intend to reposition their garage to comply with setback ordinances. This would avoid the delay if they applied for the variance that is necessary if they followed their original plan.

The council also granted a variance for a deck and garage set back for 136 North Main and a variance for a garage setback at 112 Lockey Avenue. The decisions were unanimous. (Mayor Wolcott abstained from voting.)

The council asked the city attorney for his opinion on how to proceed with repair of the remaining sections of sidewalk on Schultz, Busch and Mobeck Avenues. Attorney Blomquist stated that the assessment procedure is the usual way that a consistent sidewalk network is accomplished when homeowners do not voluntarily share in costs to repair the sidewalks in city right-of-way. Unfortunately, he added, it is a time-consuming and expensive alternative to cost-sharing repair. A feasibility study, obtaining specifications, getting bids, and finally the assessment hearing takes at least three months. The final cost for improved sidewalks for residents who go the assessment route is usually at least double than if they participated voluntarily, he said. Center City pays half of the cost of sidewalk repair adjacent to a resident's property.

The council, by motion and vote, unanimously followed Blomquist's suggestion that city staff send a letter to homeowners whose sidewalks need work. The letter will include an explanation of the homeowners' options and include quotes from contractors for cost sharing with the city. Vetter added that the Public Works Director should review the quotes before including them in the letters to assure that they are uniform.

The council expressed disappointment that the county rain garden project, intended to address drainage from the Government Center's parking lot, has been shifted away from the Borg property to the north side of the county campus. The council voted to send a strongly worded letter to the county board and administrator asking the county to include the Borg property in its rain garden plan. The motion was made by Hilber, seconded by O'Reilly. Moe and Vetter voted "yes." Wolcott voted "no."

Erosion and washouts on the Borg property were initial reasons the study and funding for rain garden installation were pursued by the county.

The council has finished the recodification of ordinances. Council members have been hashing out the city ordinances at hearings for the past year. It was with relief that council members concluded the lengthy project with unanimous approval that included a few final revisions that had been made during the final hearing just prior to Tuesday night's meeting. The council also unanimously approved the final payment of $3,800 to American Legal Publishing. City staff can now update amendments to the ordinances on the city's own system.

The council unanimously approved (Wolcott abstained) the street closures for Center City Days. The frontage road from The Porter House to the bank and Burns Avenue to the fire hall, including Moody Avenue were approved for closure. The city fire trucks will be moved to the county garage for the weekend of June 22.

In other business the council:

•Heard a proposal for service from the municipal engineering firm of LHB Engineering.

•Awarded an annual contract for website design and maintenance to LMEK Graphics for $1,010.

•By unanimous decision directed the city attorney to begin proceedings to have a usage meter installed on the water source of a residential sewer hookup.

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