012749-Special Session MINUTES
Ci~ ~ommission, S~o~d, Floxida,._.~a~u~l~_2~_~a~_.~l.Q_O.._.P....~._.._19....~
The City Commission of the City of Sanford, Florida, met in Special Session at
the City Hall in the City of Ssnford, Florida, at 8:00 o'clock P ~ January 27 ,1949
for the purpose of a public hearing to consider changes
districts of~e Zoning Ordinance.
Present: Commissioner Andrew Carraway, Nayor.
" Randall Chase
" F A Dyson
" John Krider Sr.
" W.H.Stemper
notice
as
in the boundaries of certsin
City Attorney A Edwin Shinholser
Acting City Nanager & City Clerk H N SaNer
Deouty City Clerk G~rdon L Bradley.
Neetlng called to order by the Chairman who directed the
of t~hle Hearing that was published in the
follows:
Clerk %o read the legal
Sanford Herald on January 12 and 1~,1949.
NOTICE OF PUBLIC HEARING ON PROPOSED
CHANGES IN BOUNDAMIES OF CERTAIN DISTRICTS OF THE
ZONING ORDINANCE OF THE C1TY OF SANFORD, FLORIDA.
Notice is hereby given that a public hearing will be held at the office of the
City Commission in the City Hall in the City of $anford, Florida, at 8:00 o'clock
P.N. January 2?, 1949, to consider the following changes and amendments to the zoning
ordinance of the City of Sanford, Florida.
The property Zoned in District R-2 ( l~ultiple Family) bounded on the
north by 12th Street, east by alley between Park and Yagnolla Avenues,
South by 13th. Street, and west by alley between Park and Oak Avenues, is
proposed to be changed to C-1 (Commercial-Retail) District.
The property zoned in District R-1 ( One Single Family) described as
Lots 4,5 and 6 of Block A, Lots 1,2,3,4,5 & 6 of Block B; Lots 1,2,3,4,
5 & 6 of Block C; and lots 1,2 and 3 of Block D of Buena Vista,located
and abutting on the south side of Celery Avenue between Nellonvllle Avenue
and the east boundary line of the city, is proposed to be changed to
C-1 (Commercial-Retail) District.
A~i parties in interest and Citizens shall have an opportunity to be heard
at said hearing.
All protest against such changes should also be submitted in writing.
By order of the City Commission of the
day of January 1949.
(To be published as a legal notice in the
City of Sanford,Florida, this llth.
H.N.S~yer
As City Clerk of the
City of Sanford, Florida
Sanford Herald on dates of January 12 a/id 19,1949.)
The Chairman stated that the Commission would be glad to hear any protest from
parties interested in the changes proposed in the foregoing notice, relative to Park
Avenue.
Attorney E.F.Housholder submitted a petition signed by 63 residents in the
vicinity of the property under consideration, and stated that %here a~e some fine
homes in the vicinity and that we should preserve the homes and churches. Also
that the intersection of Thirteenth Street and Park Ave. is a school crossing.
Attorney Housholder also stated that according to the Zoning Ordinance, once the
property is rezoned for commercial use, the property would be left open for the estab-
llshment of all types of commercial-retail enterprises.
Ave. is the main highway thru the City, we should keep
Also, that inasmuch as Park
it as residential and beautified
e
MINUTES
City Commission, S,~-for~ Floricla,..--J-all-2L~--8-LQ-{L.-P--.I~- ............ 19..._~.9
339
the corner of First Street and French Avenue, that it was necessary for Mrs. Miller, owner
of the adjacent property to sell her home in order to get aw~N from the noise.
Mr. J.Brailey Odham requested that the classification of the property under con-
sideration be changed, as he felt that it was for the best interest of the City to have
more commercial areas so that new business firms may be established. Also that if the
people of Sanford want the City to grow, we must open up additional commercial areas
and that the only direction in which we can grow is south.
Mr. Odham also stated that due to the great amount of traffic on Park Ave. it
was the logical street for commercial growth. Also that the property owners are now
utilizing their homes for commercial purposes by making them into tourist homes and
rooming houses.
Mr. Clarence L. Wallis, 1506 Elliott Avenue, stated that he came to Sanford to
open a cabinet shop, but that prices of existing commercial property was too high, and
that we need additional commercial property.
There being no further protests registered and after considering the need for
additional commercial areas, Commissioner Stemper moved that the Zoning Ordinance be
amended so as to transfer the property described in the foregoing notice from District
R-2 (Multiple Family) to District C-1 (Commercial-Retail) and that the City Attorney
be instructed to prepare an appropriate ordinance.
Seconded by Commissioner Chase.
Thereupon after considerable discussion and in view of the fact that more than
twenty per cent of the property owners within the area objected to the proposed change,
the roll was called and the vote stands as follows:
Commissioner Carraway A~e
" Chase Aye
" Krider Aye
" Stemper Aye
" Dyson Nay
The Chsirman next stated that the Commission would be glad to hear any protests
from parties interested in the changes proposed in the foregoing notice relative to
Celery Avenue.
There being no protest registered, Commissioner Krider moved that the Zoning
Ordinance be amended so as to transfer the property described in the foregoing notice
from District R-1 (One Single Family) to DistriCt C-1 (Commercial-Retail) and that the
City Attorney be instructed to prepare an appropriate ordinance.
Seconded by Commissioner Dyson and carried.
The Commission then adjourned the Public Hearing and reconvened to take up any other
matters that may come before it at this time.
Consideration was next given to the request of the Seminole Countu Junior Chamber
of Commerce, for the Commission to hold a public hearing for the purpose of ascertainio~
the site of the proposed swimming pool.
Thereupon the Mayor appointed Mr. John Ivey,Chairman; Mrs Harry Tooke; Mrs F.E.
Roumlllat; Mr. Jack Ratigan and Mr. Roy Holler as a committee to hold a public hearing
relative to the location of the proposed pool, so that all parties in interest and
citizens shall have an opportunity to be heard, and to make their recommendation to the
MINUTES
City Commission, Sanford, Florida, ....~.~nu.~lly 2_~..._a...~....~}.i..qg. P M~_19 .1~9
The proposed Agreement with Donovan Dean & Associates, Orlando, covering architectural
services in connection with the proposed swimming pool, was next submitted for consideration.
Thereupon Commissioner Chase moved its approval and that the H~yor and Clerk be
authorized to execute same on behalf of the City.
Seconded by Commissioner Krider and carried.
Said agreement being in words and figures as follows:
THIS AGREEMENT made the 27th day of January in the year Nineteen Hundred and
Forty Nine by and between THE CITY OF SANFORD, FLORIDA, hereinafter called %he O?~ER and
DONOVAN DEAN & ASSOCIATES, hereinafter called the Architect.
WITNESSETH, that whereas ~e Owner intends to construct a SWI~ING POOL,
NOW,THEREFORE, the Owner and the Architect, for the considerations hereinafter named,
agree as follows:
The Architect agrees to perform , for the above named work, professional services
as hereinafter set forth,
The Owner agrees to pay the Architect for such services a fee of 6~ ( six Per cent)
of the cost of the work, with other payments and reimbursements as hereinafter provided, the
said percentage being hereinafter referred to as the "basic rate". In the event that the
Contractor's bid exceeds $40,000.00 and the building ls not constructed, the Architect shall
receive only the retaining fee of 1% (One per cent) of the estimated cost. Otherwise the
basic rate shall apply.
The parties hereto further agree to the following conditions:
(1) The Architect's Services: The architect's professional services consist of the
necessary conferences, the preparation of preliminary studies, working drawings, specifications
large scale and full size detail drawings; the draftirg of forms of proposals and contracts;
the issuance of certificates of payment; the keeping of accounts, the general administration
of the business and supervision of %ne ~,~ork.
(2) Reimbursements: The Owner is to rehnburse the Architect the costs of transportation
and living incurred by him and his assistants while traveling in discharge of duties con-
nected with the work,
(3) Separate Contracts: The basic rate applies to work let under a single contract.
For any portions of the work let under separate contracts, on account of extra service
thereby required, the rate shall 'be four per cent greater, and if substantial all the work
is so let the higher rate shall apply to the entire work; but there shall Ce no such in-
crease on any contracts in connection with which the Owner reimburses the Engineer's fees
to the Architect, or for articles not designed by the Architect but purchased under h~
direction.
(4) Extra Services and Special Cases: If the Architect is caused extra dra__u&hting
or other expense due to changes ordered by the Owner, or due to the delinquency or insolvency
of the Owner or Contractor, or as a result of damage by fire, he shall be equitably paid for
such extra expense and the service involved.
Work let on any cost-plus basis shall be the subject of a special charge in accord
with the special service required.
If ~ny work designed or specified by the Architect is abandoned or suspended for
reasons other than a cost in excess of $40,000.00, the Architect is to be paid for the
service rendered on account of it.
tect /s abandoned or-~u~.Xo~ reasons/other th~h a oost~f $41.~0, or t~¢t
the ~ork as designed an~ speclfi~~~e prelim%/n~ pla~ and in~rma-
tio~ approve~ b~ Owner/and its ~ngi~ct/is t~e/psid for/the
f~r either~bh~-~ons J~t ~?eclf~ed~~s retai~ng ~e~~%
-
(5) Payments: Payments to the Architect on account of his fee shall De made as follows:;
subject to the provisions of Article 4: a retaining fee of one per cent based on estimated
cost of ~uilding shall be paid to the Architect when working plans are started.
When working plans and specifications are completed a payment equal to four per cent of
the contractor's bid, less previous payment of retaining fee, shall be made. Upon comple-
tion of tae buildir~j, a payment equal to six per cent of contractor's Old, less previous
payments, shall be made.
Payments to the Architect, other than those on ~is fee, fall due from time to time
as his work is done, or as costs are incurred.
No deductions shall be made from the Architect's fee on account of penalty, liquidated
damages, or other sums w'ithheld from payments to contractors.
(6) Survey,Borings and Tests: The Owner shall, so far as the work under this
agreement may reGuire, furnish the Architect with the following information:
A complete and accurate survey of the building site, giving the grades and lines of
streets, pavements and adJoinI~ properties; the rights, restrictions and easements,
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B4 !
(?) Supervision of the Work: The Architect will endeavor to guard the Owner
against defects and deficiencies in the work of contractos, but he does not guarant~
the performance of their contracts. The supervision of an Architect is to be dis-
tinguished from the continuous personal superintendence to b e obtained by t~he
employment of a clerk-of-the-works.
When authorized by the Owner, a clerk-of-the-works acceptable to both Owner
and Architect shall be engaged by the Architect at a salary satisfactory to the
Owner and paid by the Owner upon presentation of the Architect's monthly statements.
(g)' Preliminary Estlmstee: When requested to do so the Architect will furnish
preliminary estimates on the cost of the work, but he does not guarantee the accuracy
of such estimates.
(9) Definition of the Cost of the }~ork: The cost of the work, as herein referred
to, means the cost to the Owner, but such cost shall not include any Architect's or
Engineer's fees or reimbursements or the cost of the clerk-of-the-works.
When
of the work
(lO)
service are
executed or
labor or material is furnished by the Owner below its market cost, the cost
shall be computed upon such market cost.
Ownership of Documents: Drawings and specifications as instruments of
the property of the Architect whether the work for which they are made be
not.
(11) Successors and Assignments : The Owner and the Architect, each binds himself,
his partners, successors, executors, administrators and assigns to the other party to this
agreement, and to the partners, successors, executors, administrators and assigns of such
other party in respect of all covenants of tnls agreement.
Except as above, neither the Owner, nor the Architect shall assign, sublet or
transfer his interest in this agreement without the written consent of the other.
(12) Arbitration: All questions in dispute under this agreement shall be
submitted to arbitration at the choice of either party.
The Owner and the Architect hereby agree to the full performance of the covenants
contained herein.
IN WITNESS WHEREOF they have executed this agreement, the day and year above
written.
WITNESSES:
City
Gabs S ~lchael (Seal)
Arthur W White ?
THE CITY OF SANFORD, FLORIDA
By Andrew Carraw~ Mayor.
Owner.
Attest: H.N.Sa~er City Clerk
DONOVAN DEAN & ASSOCIATES, ARCHITECT
By. Donavan Dean
Consideration
going agreemen% and on motion of Commissioner Chase, Seconded by Commissioner Krider
carried, the Commission approved the payment of $400.00 to Donovan Dean & Associates,
accordance with the original understanding that the contract for tae construction of
pool would not exceed $40,000.00.
Request next received from Ur. S.A.Allen, owner of the Yellow C~.b Co, fo a Bus
Stop at the southeast corner of First Street and Magnolia Avenue.
Thereupon Commissioner Krider moved that the City Manager and Chief of Police
be
was next given to the 1~ retaining fee as stipulated in the fore-
authorized to arrange for a bus stop in accordance with the aforesaid request.
Seconded by Commissioner Chase and carried.
There being no further busi~ ss themeetlng then adjourned until ~:O0 o'clock
P,M February 1, 1949 .
Mayor.
Attest:
and
in
the