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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, MINUTES 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