Minutes 08-26-93 HINUTES OF THE SPECIAL CITY COHHISSION HEETING HELD IN COHHISSION CHAHBERS,
CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, AUGUST 26, 1993, AT 6:00
PRESENT
Edward Harmening, Mayor J. Scott Miller, City Manager
Lynne Matson, Mayor Pro Tem James Cherof, City Attorney
David Katz, Commissioner Sue Kruse, City Clerk
CALL TO ORDER
Mayor Harmening called this special meeting to order at 6:00 P. M. to discuss
Citrus Glen (acceptance of Miner Road Agreement).
City Attorney Cherof stated that the City Commission had earlier authorized him
to negotiate a settlement agreement on the Miner Road extension with three de-
velopers. He advised that Mr. Granados has agreed to pay the City $100,000 in
cash, providing the pending lawsuit be dropped and the parties involved pay
their own costs and attorney fees to date.
City Attorney Cherof stated that the acting City Engineer, W. Richard
Staudinger, calculated that there would be a $10,200 shortfall. However, this
afternoon, Mr. Granados agreed to pay an additional $10,200, for a total sum of
$110,200. This offer is open for five days from today. The balance of the road
would be taken care of with payments from other developers, who have a commit-
ment on the table and draft agreements.
Commissioner Katz questioned why this road is only going to have two lanes when
it will eventually probably need a turn lane. Mr. Hiller explained that this
would be in keeping with the continuity of Miner Road between Congress Avenue
and High Ridge Road, which is also a two lane road.
Commissioner Katz asked about the performance bond given by Mr. Granados in
1988. Mr. Staudinger explained that we tried to call the bond; however, there
were some lawsuits flying and some litigation concerning the validity of that
bond. Approximately two years have been spent trying to get that bond called
to get the money to finish that section of the road. The settlement agreement
before the Commission tonight is somewhat of an easier route to pursue than con-
tinued litigation. He pointed out that a countersuit was also fi]ed by the
developer against the City for not having the road completed. This settlement
agreement provides an opportunity to have that developer give cash to the City
in lieu of a bond to complete that road in conjunction with the missing link,
which is a separate contract.
In response to Commissioner Katz, Mr. Staudinger said this is not enough money
to build this road up to County standards. At this point, the intent is to get
a two lane, two-way roadway to provide access between Congress Avenue and
Lawrence Road, primarily for emergency services for Fire Station No. 3, and to
provide better residential access to the residents on Lawrence Road.
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HINUTE$ - SPECIAL CITY COHMI$$ION HEETING
BOYNTOH BEACH, FLORIDA AUGUST 26, 1993
~tton
Mayor Pro Tem Matson moved to approve the acceptance of the Miner Road
Agreement, according to the reco~endation of Gee & Jenson. Co~issioner Katz
seconded the motion, which carried 3-0.
ADJO~ENT
There being no further business to come before the Co~ission, Mayor Pro Tem
Matson moved to adjourn the meeting at 6:10 P. M. Co~issioner Katz seconded
the motion, which carried 3-0.
THE CITY OF BOYNTON BEACH
~~ Mayor
Vice Mayor
~r~iJ~) Secretary' ~ Commissioner
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