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<br />.. ~~~ <br /> ARDEN ILLS SPECIAL EDA MEET 7 ~ 3 <br />. 5. Determination ofthc costs to the revised plans and specifications for 14th Strect <br /> improvements and agreement by both parties as to who is paying for these costs; <br /> 6. Thc developer providing the accurate legal dcscriptions nccessary to complete the <br /> Development Agrcement schedules. <br /> President Probst inquired rcgarding the realignmcnt of Round Lake Road, asking ifthe City <br /> would recovcr the costs of this projcct through TIF before the funds would be considered excess. <br /> Mr. Fritsinger stated that was correct. <br /> President Probst notcd thc County is slated to begin work on Highway 96 in May of 1998, and <br /> inquircd if the City would be in default if this work was not undertaken at that timc. Mr. <br /> Fritsinger stated languagc was addcd to ensure thc City would not be in default if this work was <br /> not completed by the County. <br /> President Probst inquired ifthc excess would go towards paying down any special assessments <br /> aftcr the public improvemcnts have been completcd. Mr. Fritsinger stated that would be the case <br /> if the developer had to pay special assessments. <br /> Prcsident Probst stated the City could bc limited in the amount that could be collected if ATS <br /> was not included in this project. Mr. Fritsinger agreed, stating he wished to have the EDA <br /> discuss this issue. <br />- Presidcnt Probst inquircd if thc City would bc able to use a percentage of the cxccss for its own <br /> use. Mr. Kcvin Ringwald, Executive Director, stated if the funds wcrc bcing used for public <br /> benefit, then that usc of funds would be appropriate. <br /> Mr. Zehring noted that the entire Gateway Business District is benefitting from this project, as <br /> widening and upgrading ofthe public streets bencfits other propcrties in the area. He further <br /> stated he had no objections to thc City using a portion ofthcse funds for its own use. <br /> Prcsident Probst inquired if the developer was willing to give the City sole authority for the full <br /> amount ofthc excess, or what portion the developer considercd rcasonable. Mr. Zehring replied <br /> 50% secmed to be a reasonable figure. <br /> Commissioner Aplikowski suggested stating thc figurc at 50% of the excess, with the condition <br /> of revisiting this amount in the future to cvaluate if that pcrccntage can be increased. Mr. <br /> Zehring agrecd, stating the amount could be revisitcd aftcr all thc buildings were constructed. <br /> Mr. Fritsinger rcquested clarification that the figure would be 50% with rcvisiting taking place <br /> after final phase construction. <br /> Commissioner Malone inquircd if the wctland mitigation issucs needed to be resolved. <br /> Attorney Filla statcd the term "public improvements" needed to bc rcdefined. Mr. Ringwald <br />. agreed that the dcfinition needed to be modified. <br />