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. . , - - might be additional mitigations that we ought to require. I think we can do that without the legal exposure of a moratorium, and do it by way of a process where it is a binding agreement and we don't have an issue of whether or not a moratorium is appropriate or -- not." Mayor Hartnett said the Planning Commission had done a good job in their part of the process, and it was now up to the Council to decide. He said it wouldn't be a productive use of the Commissioners time to involve them in the 60-65 day evaluation process. Councilwoman La Berge echoed Councilman Ruskin's concerns regarding how to avoid similar situations in the future. She said it seemed to be more a communication problem than a flawed process. She suggested a more complete disclosure to the neighbors at the very beginning would have avoided some problems. She advised that City staff should have informed the Council earlier on, and the developers should have met with the communities earlier as well. City Attorney Schricker said it appeared the Council wanted to pursue a binding agreement rather than a moratorium and recommended the following motion, if Council wanted to authorize the City Manager to sign it: IN LIEU OF ESTABLISIllNG A MORATORIUM ON DEVELOPMENT AT TillS TIME AND IN CONSIDERATION OF THE REPRESENTATIONS OF THE DEVELOPER, TO ENTER INTO AN AGREEMENT RESPECTING REVIEW OF TRAFFIC AND RELATED IMPACTS TO THE PROPOSED DEVELOPMENT; THAT STAFF BE DIRECTED TO PREPARE AN AGREEMENT UNDER WillCH THE DEVELOPER TEMPORARILY (65 DAYS FROM THE -- SIGNING OF THE AGREEMENT) WITHHOLDS APPLICATION FOR BUILDING PERMITS OR OTHER DEVELOPMENT ENTITLEMENTS TO ALLOW FOR SUCH REVIEW AND DETERMINATION OF APPROPRIATE MITIGATION MEASURES INCLUDING THOSE DISCUSSED BY THE COUNCIL TIllS EVENING; WITH SUCH AGREEMENT TO BE SIGNED BY THE CITY MANAGER AND FORM APPROVED BY THE CITY ATTORNEY Council discussed whether the agreernent should be fmalized and signed by the City Manager or if it should be first submitted to the Council for final review. MIS: CLAIRE/BUCHAN IN LIEU OF ESTABLISIllNG A MORATORIUM ON DEVELOPMENT AT TillS TIME AND IN CONSIDERATION OF THE REPRESENTATIONS OF THE DEVELOPER, TO ENTER INTO AN AGREEMENT RESPECTING REVIEW OF TRAFFIC AND RELATED IMPACTS TO THE PROPOSED DEVELOPMENT; THAT STAFF BE DIRECTED TO PREPARE AN AGREEMENT UNDER WHICH THE DEVELOPER TEMPORARILY (65 DAYS FROM THE SIGNING OF THE AGREEMENT) WITHHOLDS APPLICATION FOR BUILDING PERMITS OR OTHER DEVELOPMENT ENTITLEMENTS TO ALLOW FOR SUCH REVIEW AND DETERMINATION OF APPROPRIATE MITIGATION MEASURES INCLUDING THOSE DISCUSSED BY THE COUNCIL TillS EVENING; WITH SUCH AGREEMENT TO BE BROUGHT BACK TO THE COUNCIL FOR REVIEW AND APPROVAL ONE WEEK FROM TONIGHT. CARRIED BY UNANIMOUS ROLL CALL VOTE. -- MINUTE ORDER NO. 97-179 REGULAR COUNCIL MEETING MINUTE BOOK NO. 55 SEPTEMBER 8,1997 MINUTES Page No. 529 PAGE 13