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I I I I I I I I I I I I I I I I I I I MEMORANDUM DATE: June 10, 1998 TO: Sylvia Frolik, Zoning Administrator James E. Norman, City Admini~ Proposed Burger King Development FROM: RE: As you are aware, Gregory M. Dolphin of Dolphin Real Estate Partnership formally made a request of the City for expansion of the Metropolitan Urban Service Area (MUSA) line in order that he may be able to build a proposed Burger King immediately to the west of Ramsey Boulevard on the north side of Highway #10. Mr. Dolphin made his request in a letter dated May 5, 1998, and I was unable to forward his request due to the fact that the City had yet to receive a legal opinion from the City Attorney and the law offices of Kennedy & Graven regarding charter amendment language which restricted expansion of the MUSA line without a referendum. During the Council meeting of June 9, 1998, the City Council received the legal opinion from Charles L. LeFevere of Kennedy & Graven and from the City Attorney explaining that the charter amendment language was unconstitutional. As a follow-up to the legal opinion, the City Council directed the Planning Commission to review the proposed Burger King development project without regard to the charter amendment language. Due to the fact that I have restrained the development project for over a month to receive the legal opinion, I believe it is imperative that we call for a Planning Commission public hearing to consider expansion of the MUSA line to include the Burger King site as soon as can conceivably be called. I believe that Mr. Dolphin and Dolphin Real Estate Partnership have been more than patient with the City up to this point, however, I do not believe that they should be held up any longer since construction season is well under way. Iccr