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ATTACHPTENT B RAUENHORST CARLSON & KNAAK ATTORNEYS AT LAW ARDEN PLAZA 3585 NORTH LEXINGTON AVENUE ARDEN HILLS. MINNESOTA 55126 KATHLEEN K.RAUENHORST STEVEN P.CARLSON FREDERIC W. KNAAK November 3, 1987 Mr. Robert L. Overby City Administrator 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Eden Park Pond, Homeowners' Issues of September 29, 1987 Dear Bob: TELEPHONE: (612) 484-2727 As per the directions of the City Council at its last meeting concerning the above referenced issue, as well as our discussion with Larry Bohrer last Friday, I have reviewed the letter directed to the City in which the Eden Park residents raise a number of issues for comment. As we discussed, my remarks will be focusing exclusively in the legal issues raised in the letter. We will deal with the second issue first. Paragraph 6 of the letter raises a question as to whether the City Council could place a moratorium on any development in these areas that contribute water to the flood zone until the water problem is solved". The sole authority for a City to impose a development moratorium is found in Minnesota Statute §462.355, subd. 4, which provides as follows: "If a municipality is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352, subdivision 15, or if new territory for which plans or controls have not been adopted is annexed to a municipa- lity, the governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdic- tion for the purpose of protecting the planning process and the health, safety and welfare of its citizens. The interim ordinance may regulate, restrict or prohibit any use, deve- lopment, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective, and may be extended for such additional periods as the municipality may deem appropriate, not exceeding a total additional period of 18 months. No interim ordinance may halt, delay, or impede a subdivision which has been given preliminary approval prior to the effective date of the interim ordinance." (Emphasis added).