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4 <br /> Ms. Scrioner inquired regarding the terms of the moratorium. <br /> <br /> It was explained that the builders who have signed the Flat Fee Agreement and have paid <br /> their fees may continue to build even if a moratorium has been declared. Those builders who <br /> signed the Cooperative Agreement may not pull any new building permits until the shortfall is <br /> funded. <br /> <br /> Ms. Scribner also inquired about who determines the shortfall and whether the City can <br /> do that on its own. Mr. Roush explained the City would have to make findings based on <br /> credible evidence. <br /> <br /> Mr. Eddinger indicated the School District follows state guidelines, which are fairly <br /> precise and clear. In addition, two councilmembers would be on the School Liaison Committee <br /> and would be privy to all the information the School District would have, so it is unlikely the <br /> Council would have a conflict with the School District's findings. <br /> <br /> Mr. Pico referred to Article VII, page 19, of the Cooperative Agreement, Section 12.1 <br /> (Covenant Not to Sue) and requested the word "forever" be removed. There was discussion <br /> regarding the term "conclusive presumption" in Article VIII. <br /> <br /> Mr. Eddinger indicated there were a few minor corrections which the School Board <br /> wanted to make: <br /> <br /> Page 28 - Exhibit B - Elementary School Two cost is $9,699,120 and Elementary School <br /> Three cost is $9,699,120. The total is $64,122,656. <br /> <br /> Page 15 - Section 6.2 - "with" interest. <br /> <br /> Page 4 - Section 1.6 - committee shall be comprised of "two Board Members" instead <br /> of President of the Board and one other Board member. <br /> <br /> Page 10 - Section 2.2, paragraph (e) - the word "considered" should be substituted for <br /> "deemed". <br /> <br /> Mayor Tarver asked if any member of the public wanted to say anything. <br /> <br /> Jim McKeehan, Signature Properties, spoke on behalf of the development community. <br /> He thanked everyone for their patience in this process. He believed the agreement is just the <br /> beginning of this process. The key is that the City and School District continue to cooperate. <br /> He believed that a public/private pannership was the only way to solve problems. He indicated <br /> there are two primary goals: (1) securing state funds is critical and (2) finding creative ways <br /> to solve the facilities problems. He stressed the need to reduce costs and work to adjust state <br /> requirements that raise costs. Education of the society' s young is for the benefit of the society <br /> and we need to return to that focus. <br /> <br /> 9/1/93 - 4 - <br /> <br /> <br />