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