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HomeMy WebLinkAbout2001 09 24 Regular B Exemption from Commerical Vehicle Ordinance COMMISSION AGENDA ITEM B CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X September 24, 2001 ~ IDEPT Meeting Authorization REQUEST: City Manager requesting the City Commission make a decision relative to a request from the Florida Public Utilities Company in regards to an exemption from the commercial vehicle ordinance. PURPOSE: The purpose of this item is to present the request for the exemption status and for the City Commission to make a decision in regards to this request. CONSIDERATIONS: The City Commission recently enacted an ordinance; Section 20-434 titled Authorized commercial vehicles in residential areas. In the ordinance it outlines various ways in which commercial vehicles may be permitted in these zoned areas provided the commercial vehicle complies with the requirements of the ordinance. Also, some vehicles are specifically exempted from the commercial vehicle ordinance. They are "(a) Governmental vehicles. Police, fire, rescue, and other governmental vehicles which serve a vital public safety, health, or welfare purpose as determined by the city are exempted from the restrictions of this section and may be parked in residentially zoned districts of the city." and "(b) Automobiles. Automobiles which may be used in business but which do not have a visible commercial lettering, signage, materials, supplies, equipment, storage racks attached thereto or stored thereupon are exempted from the restrictions on the parking of commercial vehicles." Mr. Don Kitner, the Division Manager from Florida Public Utilities Company, the city's provider of underground piped natural gas, has requested an exemption to the aforementioned commercial vehicle ordinance (attachment 1). Mr. Kitner has an employee who resides in the City and is on-call in the evenings and on weekends approximately 8 to 12 weeks per year. The service vehicle this employee would take home is a panel van with the company name and logo, and a ladder rack mounted on the top. Mr. Kitner indicates in his letter that he would be willing to place a blank magnetic sign over the logo and company name. However, Mr. Kitner indicates that he is requesting an exemption from the commercial vehicle ordinance due to a ladder rack on the top of the van. September 24, 2Q01 Regular Agenda Item "B" Page 2 There is no exemption status in the ordinance that fits Mr. Kitner's request. It is understandable about the need for a utility company to respond in a timely manner for emergencies and service related calls. Provisions have been outlined in the ordinance that would allow the employee to bring the vehicle to his residence. The ordinance states "(8) Said vehicle has visible commercial lettering or signage, supplies materials, equipment, or storage racks attached thereto, stored therein or stored there upon, but is parked in all enclosed garage or behind not less than a six (6) foot high fence in such a manner that the vehicle is not visible from surrounding dwellings or the public right-of-way." this is a manner by which the employee could take his service vehicle home and comply with the ordinance. RECOMMENDATION: Although it is recognized that a timely response from the utility company is extremely important, the City Commission has enacted an ordinance in good faith that contains various ways to allow commercial vehicles to park in residentially zoned areas. Therefore, it is staffs recommendation that the request be denied and to furthermore encourage the utility company to conform to the ordinance by making the changes to their response vehicle as outlined in the ordinance, or by parking it in an area where appropriate. IMPLEMENTATION SCHEDULE: N/A ATTACHMENTS: 1. Letter from Mr. Don Kitner, Florida Public Utilities Company COMMISSION ACTION: ~~ SEP 1 3 ..2.QQl CITY OF WINTER -9~'F~iNGS .c.l~ '~Ojger 830 W. Sixth Street Sanford, FL. 32771 (407) 322-5733 September 11, 200 I City of Winter Springs Mr. Ronald McLemore 1126 East State Road 434 Winter Springs, FL 32708 RE: Parking Ordinance Dear Mr. McLemore: This letter is pursuant to our telephone conversation, Friday, September 7, 2001 regarding the City's ordinance prohibiting parking of certain vehicles within residentially zoned districts. As discussed, Florida Public Utilities Company provides natural gas and propane gas service to various areas within the City of Winter Springs. In order to provide safe reliable service our Company requires its employees to rotate 'on-call' duty and to drive a Company vehicle while on-call. This requirement is first and foremost in the interest of public safety, in that it permits a timely response to any type of gas related emergency call, where time is of an essence. We currently have one employee residing within the City of Winter Springs, on Big Buck Circle. The on-call rotation is for one-week intervals and necessitates each employee being on-call an average of 8 to 12 weeks per year. The vehicle in question is a service type of vehicle (presently an E-150 van), which is permitted within residentially zoned districts except it, has our Company name and is equipped with a small ladder rack. We would be more than happy to cover the name and logo with a blank magnetic sign. The exemption would be for the ladder rack. Therefore, we are asking for an exemption to the aforementioned ordinance to allow one Florida Public Utility Company vehicle to be parked within a residentially zoned district with the understanding the name and logo would be properly covered. It is also asked that this request be included as an agenda item for the meeting scheduled September 24,200 I. As previously stated, this request is strictly in the interest of public safety. If you have any questions or concerns, please do not hesitate to contact me. Thank you for your attention in this matter. Sincerely, Q~~~ ~.~~? Donald E. Kitner Division Manager