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Mr. Neal Beets Mr. Dennis Welsch Mr. Thomas Paschke November 10,2005 Page 2 d} New territory without official controls is annexed to the City Given recent Council discussions, the most pertinent items are items a) and b) above. Note that the statute authorizing a moratorium would only apply if a study is currently underway, �� the Council has authorized a study. Consequently, the Council must, at a minimum, take action to authorize a study before taking any action adopting a moratorium. In my judgment, it is important, before adoption of a moratorium, to not only authorize a"study" in a generic sense, but to define the parameters of the matt�r(s} to be studied. The scope of the study should then relate to the breadth of any adopted moratorium. The statute provides that a moratorium may be in place for one year. While the moratorium can be extended up to an additional 18 months in certain circumstances, those circumstances would not likely exist in the context of a study of subdivisions in Rosev��ie. As mentioned above, and like the study, the Council must clearly identify in any moratorium the uses andlor areas to which the moratorium applies. Would it apply City-wide? To only residential uses/subdivisions? To certain types of subdivisions? To certain sized parcels? To only subdivisions that result in X new lots? Moreover, any moratorium must clearly indicate whether it applies to projects where an application has been filed, but not yet acted on. Note specifically that under Section 462.355, a moratorium cannot apply to a subdivision that has been given preliminary approval. Consequently, a moratorium 4-��rt�I be applied to a proposed subdivision for which application has been made, but not yet acted on. Conversely, the Council could except out of the moratorium all matters where an application has been filed before the effective date of the moratorium. Note also that Section 462.355 provides that a moratorium does not "...extend the time deadline for agency action set forth in Section 15.99." While Section 15.99 does not apply to subdivisions. a parallel provision in Section 462.358 requires action on a subdivision application "within 120 days following delivery of a[properly completed] application." This is important because it dictates the Council take ��,�� action on pre-existing applications. For example, even though the moratorium might be drafted to apply to such an application, the Council should still proceed to deny that application on the grounds a moratorium has been adopted.