The URL can be used to link to this page

Home My WebLink About5. OLD BUSINESS 2/17/04 y Mount Prospect Public Works Department j INTEROFFICE MEMORANDUM @ 1'REE ern' IJSA ~. U-r~ z.ll '1 OL.~ ~ DATE: FEBRUARY 12, 2004 . SUBJECT: ABANDONED SHOPPING CARTS ) Backqround The first reading of the Ordinance Amending Charter 23, Article XXI, Shopping Carts,of the Village Code w s presented at the December 16, 2003 Village Board Meeting. At that time Public Works staff were asked to initiate contact with the shopping cart owners prior to the second reading of the amended ordinance. To facilitate awareness and assist with compliance of the amended ordinance Public Works Administration met with representatives from local stores on January 22, 2004. TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: SOLID WASTE COORDINATOR A summary of the January 22, 2004 meeting is provided in the January 28, 2004 memo to Mr. Janonis. While the meeting was successful, the issue of police enforcement was raised by the store owners. Ten years ago when this same question was presented by store management, the Village stated that police enforcement was dependent on a stores willingness to sign a complaint If the store was willing to sign a complaint the police could issue a ticket However, until the January 22nd meeting, it appeared none of the stores were willing to sign a complaint for the illegal removal of a shopping cart Discussion Since the January 22nd, meeting with the store managers, Section 23.2104, "Shopping Carts Prohibited from Public Ways" which regulates police enforcement has been reviewed and discussed by the Village Attorney, the Village Manager and the Chief of Police. It is their opinion that police enforcement of Section 23.2104 would not be supported by the courts and recommended it be deleted from Chapter 23, Article XXI. It is my understanding that a policy regulating the removal of shopping carts from store property will be addressed under the Village's nuisance ordinance. Recommendations It is staff's recommendation that the Village Board adopt the attached Ordinance Amending Chapter 23, Article XXI of the Village Code, which includes the deletion of Section 23.2103, "Removal of Shopping Carts from Public and Private Property." ,/}-/1 PI " .,-" ,-"/' ,a." ¿. "',Y:4 c!7/--':f/¿~k.::: / / M. Lisa Angell c: Public Works Director Glen R. Andler I :ILAngeIlIUsrdat\WORDISHOPPINGCARTSMEMOfeb122004.doc A .t , ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, ARTICLE XXI OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF l\10UNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Paragraph B entitled "Return of Shopping Carts" of Section 23.2102 entitled "Duties of Owner of Shopping Carts" shall be amended to read as follows: B. Return of Shopping Calis: The owner of any shopping cart shall take such action as may be necessary to ensure that all shopping carts remain on the owner's premises or are caused to be returned to the premises by the owner. SECTION 2: Subsection C of Section 23.2102, entitled "Duties of Owner of Shopping Carts," shall be amended as follows: c. Reclamation Of Shopping Carts: The owner of any shopping cart shall reclaim the cart, in the manner provided in this article, within three (3) days after receiving notice of the cart's location. No such notice is required if the ViII age attempts to return the cart to the owner's premises. SECTION 3: Section 23.2103, entitled "Removal of Shopping Carts from Public and Private Property," of Chapter 23, Article XXI of the Village Code of the ViIlage of Mount Prospect shaIl be amended by deleting in its entirety the current Section 23.2103 and inserting in lieu thereof a new Section 23.2103, entitled "Removal of Shopping Carts from Public and Private Property" to be and read as follows: 23.2103: REMOVAL OF SHOPPING CARTS FROM PUBLIC OR PRIVATE PROPERTY. Any shopping cart located on public property shan be deemed abandoned property. Any shopping cart located on private propeliy without the consent of the owner or lessee of such property shaIl be deemed abandoned property. The Village may remove and dispose of any abandoned shopping cart. iManage 125075 1 '... " SECTION 4: The existing 23.104 entitled "Shopping Carts Prohibited from Public vVays" shall be deleted in its entirety and a new Section 23.2104, entitled "Return of Abandoned Shopping Carts" shall be inserted in lieu thereof which shaJI be and read as follows: 23.2104: RETURN OF ABANDONED SHOPPING CARTS: Any abandoned shopping cart, removed by the Village, may be returned to the owner, subject to the foIlowing conditions: D. ¡Manage 125075 ] A. When any abandoned shopping cart is removed by the ViI1age, the ViI1age shaIl maintain a log documenting, for each owner, the number of removed shopping carts. B. There shall be an abandonment and removal fee, as set fOlih in Appendix A, Division II of this Code, payable to the ViII age for each abandoned and removed cart. This fee shaII attach at the time of removal by the Village. If the fee remains unpaid, it shall become a basis of the foIlowing year's license fee and be payable at the time of business license renewal as set forth in (C) below. c. The fee set forth in subsection B above shaII be payable as foI1ows: 1. Any unpaid fees for abandoned shopping carts removed by the ViIIage from and including December through and including November of the next year shaII be added to and become a part of the owner's annual business license fee for the foIIowing year. (Example, fees for December 2002 through and including November 2003 shaIl be added to the 2004 annual business license fee). 2. The fee for carts returned to any owner, which is not licensed to conduct business in the ViIIage, shaIl be invoiced to the owner as the Director of Finance Department otherwise determines appropriate. 3. No business license shaIl be issued to any entity in the Village if that entity also has a business in another jurisdiction and that other business has outstanding removal fees. Nothing in this article shall require the Village to take any action to identify the owner of any abandoned shopping cart, which does not bear the required identification, Such unidentified shopping carts are declared to be of no value and subject to disposal by the ViIlage within 30 (thirty) days of rem ova I. SECTION 5: That this Ordinance shaIl be in filII force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NA YES: ABSENT: PASSED and APPROVED this day of ,2004. Gerald L. Farley, ViIIage President ATTEST: Velma W. Lowe, ViIIage Clerk ¡Manage 125075 1 Ii: . . Mount Prospect Public Works Department INTEROFFICE MEMORANDUM @) TREE CITI' USA TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: SOLID WASTE COORDINATOR DATE: DECEMBER 4, 2003 ABANDONED SHOPPING CARTS SUBJECT: Backç¡round In early 1993 the Village of Mount Prospect began an active campaign to rid the community of abandoned shopping carts. While initial efforts focused on the patrolling and removal of abandoned carts from public and/or private property the ultimate goal was to keep shopping carts on store property. For over a decade the Village has dedicated considerable resources to "manage" shopping carts. Utilizing both punitive and proactive measures the Village has encouraged local merchants to "control and contain" shopping carts. As Attachment A illustrates there is a significant cost to the Village for removing the unsightly and potentially hazardous nuisance(s). Since 1998 the Village has removed approximately 2,808 abandoned carts and incurred over $84,000 in labor costs. These same figures also demonstrate the lack of effective action taken by local merchants to contain their shopping cart inventory. At the March ii, 2003 Committee of the Whole Meeting, Public Works staff presented a summary report of the Village's ten year struggle to "manage" abandoned shopping carts. (March 6, 2003 attachment) Concerned with the Village's role in shopping cart "management", the Village Board directed staff to seek a viable alternative(s) to existing practices. . Contact potential scavengers regarding the collection and disposal of the abandoned carts. . Modify the existing ordinance; eliminate the grace period and increase the fines to reflect the actual cost for removal and disposal of abandoned carts. Discussion Staff's ability to negotiate a contractual agreement with a scavenger has been unsuccessful. The Village attorney, Mr. Hill has advised staff that Illinois statute mandates abandoned property be returned to its owner without benefit of any form of compensation from the owner. And, although the Village could compensate the scavenger from fees collected from merchants in violation of the shopping cart code, there has been no interest from scavengers to enter such an agreement. . While it appears the Village has little recourse other than to continue to collect the abandoned carts, revisions that will enhance the regulation and enforcement of fines imposed to merchants in violation of the code can be made. In reviewing current policies and procedures with Mr. Hill, it was determined that the fine can be increased to cover the Village's cost for collection and disposal, and unpaid fines can be added to the merchant's business license renewal fee. [The current $15.00 per cart fine would be increased to $75.00 per cart with no grace period.] To facilitate these revisions, changes to the collection and administration process would also be made. 1) Collection Abandoned shopping carts removed from a location other than store property would be returned to the store; Public Works staff will obtain written acknowledgement including date and time from the store representative. 2) Administration Public Works will maintain the records documenting the removal and return of the abandoned carts. Quarterly reports will be submitted to the Finance Department for billing purposes. 3) Fines The Finance Department will bill merchants on a quarterly basis; 575 per cart. Outstanding fines would be added to cost of the annual business license. Recommendations It is staff's recommendation that the Village Board adopt the revised shopping cart ordinance (attached) which details the amended and new policies and procedures. Public Works staff are prepared to provide written notification to appropriate merchants and implement the new administrative and collection procedures. M. Lisa Angell I concur with the above recommendation. Public Works Director Glen R. Andler I :ILAngeIIIUsrdat\WORDlSHOPPINGCARTSMEMO122003.doc ,wi 1/29/04 1/30/04 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 5363 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 501 db DRIVE WHEREAS, Niagara Educational Services (hereinafter referred to as Petitioner) has filed a petition to amend the Conditional Use permit being the subject of Ordinance No. 5363, approved August 19, 2003, for a private hotel with accessory uses in the B-3 (Community Shopping) zoning district; and legally described as follows: Lot 1 in Vavrus Subdivision, being a resubdivision of part of Lot 2 in Northway Investment Subdivision of part of the southeast % of the southeast % of Sec. 23, Township 41 North, Range 11, east of the 3rd Principal Meridian, according to the plat thereof registered in the Office of the Registrar of Titles of Cook County, IL on December 18,1980 as doc. No. LR3194655. Property Index Number: 08-23-402-010; and WHEREAS, Petitioner seeks an amendment to the Conditional Use permit being the subject of Ordinance No. 5363, to allow sixteen (16) guest rooms, rather than seven (7) guest rooms, as was approved in Ordinance No. 5363; WHEREAS, a Public Hearing was held on the requests being the subject of PZ 03-04 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22nd day of; January, 2004, pursuant to proper legal notice having been published in the Mount Prospect .Journal & Topics on the ih day of January, 2004; and WHEREAS, the Planning and Zoning Commission has submitted its findings on the proposed amendment to the Conditional Use permit to the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect would be attained by granting the requests in PZ 03-04. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE- The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO' That Ordinance No. 5363 granting a Conditional Use permit, passed and approved on August 19, 2003, is hereby amended by granting a Conditional Use permit to include a total of sixteen (16) guest rooms, to increase the permitted hours of operation, and to modify the originally approved floor plan, at the subject property as shown on the attached Site Plan hereby made a part hereof as "Exhibit A". 13 Niagara Page 2/2 SECTION THREE: following conditions: This amendment being the subject of this Ordinance is subject to the 1. The hours of operation for the accessory uses shall be limited to 6:00 a.m. - 12 midnight Monday through Saturday, and 6:00 a.m. - 11 :00 p.m. on Sundays, with the understanding that the Village may review the hours of operation and modify them accordingly should Village Staff determine that the hours of operation create a noise nuisance; 2. Events and activities shall not deviate from those listed in the Petitioner's application: a. Cultural, educational, and sport programs; b. Wedding receptions; c. Community meetings; 3. The site will be developed in accordance with the landscape plan, floor plan, and elevations prepared by Kostak Associates, P.C., dated December 10,2003, and revised to reflect additional landscaping as required by Article 23 of the Village's Zoning Ordinance and the installation of 5-foot tall (minimum) evergreen type landscaping lining the perimeter of the northwest and southeast portions of the parking lot; 4. The development shall meet all applicable Development, Fire, Building, and Village Codes. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2004. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:\CLKO\files\WIN\ORDINANClAmend ConUse-Niagara. Feb,2004,doc