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Mr. Robert Overby November 3, 1987 Page Two The statutory reference in the above -cited statute is to Minnesota Statute §462.352, subd. 15, which provides as follows: "Official controls" or "controls" means ordinances and regu- lations which control the physical development of a city, county or town or any part thereof including air space and subsurface areas necessary for mined underground space deve- lopment pursuant to sections 472B.03 to 472B.07, or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinan- ces establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps." On the basis of the express language of the statute, it is clear that any deve- lopment which has already received preliminary plat approval from the City of Lake Elmo could not be included in a su Sequent moratorium. I would conclude that if the City were to decide, for a reason allowed under the statute, to impose a development moratorium, the Packard Park Second Addition Development could not, in any case, be included. For the City to seek a moratorium on development in an existing territory of the City, one of three statutory conditions must be met: 1) The City must be currently conducting a study for the purpose of amending the Comprehensive Plan; or 2) the City must have authorized a study to be conducted for the purpose of amending the Comprehensive Plan; or 3) the City must have already scheduled a hearing for the purpose of considering the adoption or amendment to the Comprehensive Plan or "official controls" as defined. In this particular case, "official controls" would be the zoning code and its ordinances as they would apply to land use control. It is my understanding that no study, or authorization of a study, or hearing on either the overall Comprehensive Plan as it applies to this area or the zoning code has occurred. I would, therefore, conclude on this issue that the City currently is not in any position to impose a moratorium on development in the area, nor would, in any case, such a moratorium in any way have an impact on the Packard Park Second Addition Development proposal. Another issue that was raised in the letter of September 29th was whether an embankment in Tartan Park was "legal". We are unaware of any authorization, or lack of authorization, for any embankment of the sort described for Tartan Park in the City of Lake Elmo. We understand that inquiry is being made as to the