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added that this matter, if resolved, will be at the state or federal level, and the City's resolution should be directed there. Councilmember Mohr concurred with Councilmember Butler; she felt the legislators should be encouraged. She does not want to see the City having to fight in court battles. Councilmember Tarver agreed with Councilmember Mohr, but he hears what the people who own guns have said. He recognizes people have a right to own guns but he does not feel that assault weapons are proper type guns and he does not want these weapons to be available. Councilmember Brandes withdrew his motion, and Mayor Mercer withdrew his second to the motion. It was moved by Councilmember Brandes, and seconded by Mayor Mercer, that Resolution No. 89-111, banning the use of any semi- automatic assault rifles capable of receiving a magazine greater than five rounds in capacity, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Tarver, and Mayor Mercer NOES: None ABSENT: None item 6b Growth Management Proqram for 1989 Mr. Swift presented his report (SR 89:108, dated March 7, 1989, regarding this matter. Councilmember Brandes stated there has been intense pressure from the development community; some pressure could be relieved if the Council decided not to have any growth management this year. He is aware there is supposed to be an annual report but he personally feels that some of the issues addressed in this report are things that Council does not need to wait for a report to know about. He does not need to be told that schools are not in place, that traffic is a problem and that improvements have been delayed, etc. Mr. Roush advised that if Council were to decide that "zero" would be the appropriate growth management approval this year, it should be made on an adequate record. He does have some concern that if "zero" was the allocation without an adequate record, the developers might feel their development rights had been taken temporarily for a time. A Supreme Court decision would permit temporary damages to developers to be paid by the City. He advised that the more information Council has, more substantial evidence is available in case of litigation, as opposed to a deciaion being considered arbitrary and capricious. He stated that Council could adopt a resolution of intention to have "zero" growth, subject to the receipt of the State of the City Report. - 7 - 3-7-89