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Mr. Neal Beets Mr. Dennis Welsch Mr. Thomas Paschlce 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 ite�rts a) and b) above Note that the statute authorizing a moratorium would only apply if a study is currently underway, nr the Council has authorized a study. Consequently, tlae Council must, at a �xzi�imu��, talce action to authorize a study r� C�sr�, talcing 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 mat±er(s) to be studied. T�e scope of the study should t11cn relate to the breadth of any adopted moratorium. The statute provides that a moratorium may be in place for one year. While tl�e moratorium can be extended up to an additional 18 months in certain circu�ns�a��c�s, those czzcu��stances would not lilcely exist in the context of a study ofsubdivisions in Roseville. As mentioned above, and lilce the study, the Council �nusfi clearly identify in any moratorium the uses andlor areas to which the moratorium applies. Would it apply City-wide? To only residential uses/subdivisioa�s? To certain types of subdivisions? To certain sized parcels? To only subdivisions tllat result in X new lots? Moreover, any moratorium must clearly indicate whether it applies to projects where an application Iia� been filed, but not yet acted on. Note specifically that under Section 462.355, a moratorium cannot apply lo a subdivision that has been given preliminary approval. Consequently, a moratorium ti{��iTcT bc applied to a proposed subdivision for which application has been made, but not yet acted on. Conversely, the Council could except out ofthe moratorium all matters wi��re an applicatic�n has �ee�i filed before t�� effective date of the moratorium. Note also that Section 462.355 provides that a moratorium does not "...extendthe time deadline for agency action set fo1-�h in Section 15.99." While Section 15.99 does not apply to subdivisions, a parallel provision in Sec�ion 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 talce �,��4• action on pre-existing applications. For example, even t�ough the moratorium might be drafted to apply to such an application, the Council should still proceed to deny that application on tl�e grounds a moratorium has been adopted.