CITY COUNCIL 2013/07/01 MinutesThe City of Lake Forest
CITY COUNCIL
Proceedings of the July 1, 2013 Regular Meeting
7:30 p.m. – City Hall Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 7:30p.m. Deputy
City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Pandaleon,
Alderman Moore, Alderman Tack, Alderman Reisenberg, Alderman Palmer, Alderman Adelman.
Absent: none
There were approximately 100+ present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
Comments by Mayor
Mayor Schoenheider addressed the audience in regarding Regulations on Assault Weapons and stated
that anyone wishing to speak was asked to fill out a form with their name and contact information. He
went on to say that there will be an overall time limit to the discussion and asked citizens not to repeat
statements already given to Council.
He encouraged residents to attend the Fireworks Festival as a great opportunity for the community to
get together.
Mayor Schoenheider made the following 2012-2013 New Boards and Commissions
Appointments/Reappointments.
Gorton Commission
NAME OF MEMBER APPOINT/REAPPOINT WARD
Mark Ventling,
REAPPOINT Chair and representative on
the Executive Board
2
Peter Cherry REAPPOINT 1
Alan Lerner REAPPOINT 2
John Looby REAPPOINT 4
Sandy Turner REAPPOINT 2
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Recommended Action: Approve appointments recommended by Mayor Schoenheider.
Alderman Novit made a motion, seconded by Alderman Reisenberg to approve appointments
recommended by Mayor Schoenheider. Motion carried unanimously by voice vote.
Comments by City Manager
A. Robert Kiely, City Manager remarked that Landscape Concepts will be starting the EAB
process in the 4th Ward beginning July 2 and residents who have questions can contact the City’s
Forester or visit the website.
Comments by Council Members
Alderman Moore gave an update on CROYA and that it is open all summer, and that the CROYA float
would be in the Lake Bluff 4th of July Parade that starts at 9:30am. Cubs night is Wednesday July 10 and
that the Activator Summer Music program is underway.
Alderman Adelman commented on how nice the RT. 60 median looks and that the Deerpath Golf Course
also looks beautiful.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Seeing none, Mayor Schoenheider read the Omnibus items for consideration
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the June 17, 2013 regular City Council minutes.
2. Approval of the Check Register For Period May 25- June 21, 2013.
3. Approval of a Resolution Appointing the Delegate and Alternate Delegate to the
Intergovernmental Risk Management Agency (IRMA).
4. Approval of a Restated Gorton Operating Agreement between The City of Lake Forest
and Gorton Community Center.
5. Award of Lake Forest portion of the 2013 Joint Concrete Sidewalk and Curb
Replacement Program contract.
6. Approval of FY14 Contract for Annual Tree and Stump Removals.
7. Approval of an Agreement with Northern Illinois University for the placement of an
Intern.
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8. Request Approval of the Agreement to Proceed with the Forest Park Board
Corporation and Waive the Bidding Process for Site Improvements at Forest Park.
RECOMMENDED ACTION: Approve the eight (8) Omnibus items as presented.
Mayor Schoenheider asked Council if they would like any item removed or be taken separately, and
seeing none, asked for a motion to approve the eight (8) Omnibus items as presented.
Alderman Palmer made a motion to approve the Omnibus items as presented, seconded by Alderman
Pandaleon. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg,
Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended
Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
1. Consideration of the Annual Appropriation Ordinance for FY2014 and Approval of
Rollovers (First Reading)
Alderman Pandaleon explained that these figures have been discussed in other meetings as budget
details and that the appropriation ordinance is passed in order to implement them. The Public Hearing
and second reading will be at the next meeting July 15, 2013.
RECOMMENDED ACTION: Approval of the first reading of the ordinance and the rollovers. A copy of
the ordinance is available for review by the public in the City Clerk’s office. A public hearing will be
conducted on July 15, 2013 in conjunction with second reading of the ordinance.
Alderman Novit made a motion for approval of the first reading of the ordinance and the rollovers,
seconded by Alderman Palmer. The following voted “Yea”: Aldermen Novit, Waldeck, Moore,
Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0 Nays,
motion carried.
NEW BUSINESS
1. Consideration of an Ordinance Regarding Regulation on Assault Weapons
City Council engaged in discussing a draft ordinance on the matter of whether to exercise the City’s
home rule authority and adopt regulations pertaining to assault weapons in the City of Lake Forest. On
May 31, 2013 the Illinois General Assembly approved House Bill 183 which created a new Firearms
Concealed Carry Act. The Bill preempted the City’s home rule powers in the regulation of firearms but it
provided a window (ten days from passage of bill) for home rule communities to enact regulations
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relating to assault weapons. City Council has the option that may range anywhere from taking no action
to banning assault weapons within the community.
A great deal of consideration to the preservation of the City’s home rule authority was discussed, as
one of the critical reasons the City adopted home rule status by referendum was to attain the ability to
implement rules and regulations that best meet the needs of the community and resident interest. In
order to preserve the community’s ability to ever re-address the issue in the future, the Council would
need to adopt an ordinance with some level of consideration.
Bob Kiely, City Manager said the approach staff has always taken is to provide the City Council with all
options, and for the benefit of guests, they include doing nothing, all the way to a Highland Park type full
ban, it is not to say that is what we are recommending, but obligated to give all options. This draft
ordinance helps frame the discussion, and that for purposes of full disclosure all options are shown. First
and foremost are the issues of individual rights. Secondly is the issue of preserving public health safety
and welfare for all residents today and in the future. Traditionally City staff will always make
recommendations in favor of Home Rule authority and not let the State dictate what they think is best.
City Attorney Marlo DelPercio explained regulations that exist in the City Code and that the passage of
house bill 183 will preempt these and they will longer have any force or effect. The City would not be
able to regulate these and these regulations would cease to exist.
She went on to say that this was an unusual action by the General Assembly, which preempts Home
Rule powers, unless action is taken now or within 10 days of bill being signed into law.
City Manager Bob Kiely went on to say staff is not recommending full ban; instead, to establish a
committee to promote gun safety and awareness consisting of representatives from the City Council,
Police Department and residents. They would be able to look at the issue over time and in a thoughtful
way. The whole concept of gun safety awareness could be modeled after the Citizens Police Academy
currently in place with reasonable and rational legislation in place.
Mayor Schoenheider asked Police Chief Jim Held to address City Council and stated that whatever the
choice of The City of Lake Forest City Council, the Lake Forest Police Department would comply to the
best of its ability and in the best interest of the citizens of Lake Forest.
Mayor Schoenheider called on each Alderman to offer an opinion on the topic.
State Representative Scott Drury addressed the City Council to the specifics to HB183, and went on to
explaining that if the bill becomes law, if the City does do not have a regulation on the books it will lose
its opportunity. State Representative Drury explained that this law would allow Home Rule communities
to come up with a definition of assault weapon and come back later to amend it.
Alderman Palmer spoke first saying that Council members are Volunteers to this Council, it isn’t their
occupation, they serve for a short time and the return to citizenry and that is not their position to
impose their views or prejudices on fellow residents. He noted that, as a Director of the Chicago Crime
Commission, if a law that would improve law enforcement, he would be in support of it, But after
reviewing this law he doesn’t think that it accomplishes that and believes that it would create other
problems for the City and can’t support it.
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As to the importance of retaining home rule power to regulate firearms, Alderman Palmer pointed out
that there was very little left of this power, as HB 183 unconditionally preempts any home rule
regulation of handguns or the transportation of any firearm. That it is the intent of the State to
ultimately achieve statewide uniformity in firearm regulation was shown by the other part of the bill
that now preempts home rule communities that do not have an ordinance regulating "assault
weapons". The clear import of the current bill is that, when the State does fashion a regulation for
"assault weapons", it will implement its desire for uniformity by completing the preemption that it has
now started. Hence, whatever home rule prerogative that we now preserve will be taken from us at
that point anyway.
Alderman Palmer opined that there appeared to be no pressing need to regulate "assault weapons"
(which he broadly defined to be semi-automatic rifles that fired a shot each time that the trigger was
pulled, as opposed to automatic weapons - machine guns - which have been regulated by the federal
government since 1934). Only 2.6% of all gun crimes nationally are committed with rifles, there has
never been a rifle crime in Lake Forest, and such an ordinance has never previously been deemed to be
necessary. Indeed, Professor John Lott of the University of Chicago has published studies concluding
that the crime rate actually increases in places where guns are banned. Palmer said that semi-automatic
rifles were legitimate tools of defense and that our focus should be on allowing our residents to possess
such firearms to defend themselves, rather than seeking to disarm them as though they were all
potential criminals. In the 2008 case of District of Columbia v. Heller, the United States Supreme Court
held that the Second Amendment precluded a government from prohibiting a normal adult citizen from
owning or possessing a handgun for defense of his person and home and that a government could not
impose requirements on the storage of such gun - such as a trigger lock - that would impede the citizen
from instant access and use of it in his defense. This holding was made applicable to the states by the
Supreme Court's 2010 decision in City of Chicago v. McDonald. Although some people claim that the
Cook County Assault Weapon Ban survived legal challenge, in 2012 the Illinois Supreme Court remanded
the case of Wilson v. County of Cook to the trial court, where it now is, to gather further facts to
determine whether the ban violated the Second Amendment. The proposed ordinance that we were
given requires trigger locks and storage of firearms that could be used for defensive purposes. Its
similarity to the facts in Heller will make it a target for litigation, which is not likely to be successful.
Moreover, by putting the decision of whether to allow the possession of such firearms totally within the
discretion of the police chief, without stated standards, the proposed ordinance also will be attacked -
and struck down - on due process grounds. Palmer pointed out that years ago Mayor Rummel had
appointed him to be the first Chairman of the newly-created Legal Committee in order to get a handle
on legal fees for litigation that were costing the City over $100,000 a year, he said he wasn’t sure the
proposed ordinance had been before the Legal Committee.
Alderman Palmer added that the arguments based on how rifles had recently been used in violent acts
focused on the means used, rather than the fact that the acts were committed by crazy people, who will
always find a way to use something to harm others. On 9/11, they used commercial airliners. In the
Oklahoma City attack, it was drums of fertilizer. In Boston, it was bombs made from pressure cookers.
Does this mean that we need to ban pressure cookers? Such persons are unlikely to comply with any
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ordinance, anyway. A $750 fine for noncompliance will not deter anyone who is prepared to face the
death penalty or prison for his acts.
As to the concept of a "placeholder" ordinance that would preserve the City's power to regulate such
firearms in the future, Palmer observed that the ordinance up for consideration was anything but that.
He questioned why the City should even require residents who lawfully owned rifles to register them
with the City, particularly as there was an instance in Connecticut of a reporter getting a hold of such
information and publishing the names, which is a "prescription for mischief". He opined that any
"placeholder" ordinance that might be crafted would either still have enough language to subject us to
litigation or would be so innocuous that it would make us look silly.
Alderman Novit commented on the 10 day window restriction and said he is an advocate for Home Rule
and not willing to give up any right that the City of Lake Forest has worked to get at this point, but does
not want to pass a poorly thought out law either. He said that he strongly favored education and
registration and wanted to be transparent in saying he is an advocate for gun control. However, he is
not advocating a full ban; he also said he agreed with what Alderman Pandaleon said about the State’s
lack of action. He would like to see a well thought out decision by the Council instead of a knee jerk
reaction as a result of being told what to do by the State. He would like to see some sort of placeholder
Ordinance.
Alderman Waldeck stated that she too is an advocate of Home Rule, yet shares Alderman Palmer’s
concerns. She could not support it and that we need to be very careful with the Home Rule Authority,
that we do not create an ordinance that is unconstitutional and that what was needed to do here is to
preserve our right to create an ordinance in the future. She went on to ask the city attorney if we could
create an ordinance that preserves our right, with court rulings and applicable law.
City attorney Marlo DelPercio explained that the law has clear guidelines as to what the ordinance must
state and that a “placeholder” would still require to purport to the law on possession or ownership of
assault weapons in a manner inconsistent with of this act, there would have to be something that tied it
in to the possession or ownership of assault weapons.
Alderman Pandaleon thanked State Representative Drury for bringing this matter to the attention of the
Council, and that without him he is not sure that this would have seen the light of day. Having Home
Rule authority in The City of Lake Forest, especially financially during very tough times, has kept us on an
even keel. Home Rule is not liked in Springfield. Springfield is a travesty and an embarrassment and
there is nothing being done about it. It’s anathema to give away to Springfield any Home Rule authority.
In the interest of resisting encroachment of Home Rule authority by the State, he is an advocate of
creating a placeholder ordinance to preserve Lake Forest’s ability to act freely with respect to gun
regulation, as we have in the past.
Alderman Adelman agrees with Alderman Palmer, as intent, the draft ordinance is noble. Safety is
important, hunters of a certain age are required to take a test, all the gun clubs promote and instill
safety, however those mechanisms are already in place and we do not need to legislate the proposed
Ordinance for gun safety. We have the ability to amend ordinances once they are on the books, he said
he thinks it’s important to preserve Home Rule, yet if we do nothing, if the State preempts us on this
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one issue, he doesn’t think that it undermines Home Rule strength. He would rather something on the
books to amend in the future, and thinks that the registration portion is cumbersome and that a FOID
card takes care of that issue. However understand that first responders knowing what firearms are in a
house would be beneficial, but he cannot support this.
Alderman Tack said he would be brief and that he would be in favor of an innocuous place holder to
protect Home Rule, and he stressed innocuous. The Ordinance that has been proposed he feels is
unwise, unpalatable, unenforceable and unconstitutional and he would not support it.
Alderman Moore agrees with Alderman Tack. In the spirit of being transparent, he stated that he is a
gun owner, and by retaining Home Rule and putting in a defendable placeholder we can actually use it
to limit assault rifles in the future and limit the State limiting us on assault rifles. To create something
that would allow us to follow the will of our constituents, something designed with the bare minimum
to retain our Home Rule right. Additionally he said that we are not taking an initiative here we are
responding to a deadline. The question really is are we either going to do nothing or pass a placeholder,
unless there are any other ideas.
Alderman Reisenberg said that he strongly agrees with what has been said, but more importantly to
preserve Home Rule prerogative, and with any ordinance that does that, less is more. Additionally he
stated that he didn’t think there was sufficient time to discuss the matter and that maybe it is
premature to expect to get to a conclusion and would like it postponed until the next meeting
Mayor Schoenheider said that he thought Council has three options, one to agree to pass some form of
the ordinance that was in front of us tonight and hearing the majority of Council that is not the direction
Council is heading. Two is the other extreme suggested by Alderman Palmer and decide to do nothing
or, three decide to table this and as Alderman Novit said see what happens in the legislature and by
doing so would still allow use time if we so chose to pass a placeholder.
City Manager Robert Kiely said everything that we have been hearing tonight is less is more and that
Council would like something more innocuous, he stated that he is concerned about tabling the dialogue
and that it would be easier for City Staff and the City Attorney if we could get a representative from the
City Council to help craft a less is more innocuous place holder. He asked Council to pass a first reading
by removing sections three and four and pass that, then send it to a committee to work on it and clean it
up. In the meantime see what the government does with the bill. Alderman Palmer stated that staff had
the ability to circulate proposed revisions to Council members prior to the next meeting so that the
Council would be ready to act at that time and that trying to do anything with the ordinance at this
meeting was a very bad idea.
Mayor Schoenheider addressed the audience, thanking all those in attendance, for their time in coming
to the meeting, as well as and everyone else who gave input to Council either in person, letter or e-mail.
He also said that this topic merits discussion by the Council and input from community and that it is on
the agenda because there is a belief that it is important, Lake Forest has a long history of civil discourse
and he believes that this topic can be discussed accordingly. Council is eager to hear comments, and the
Lake Forest residents will be called upon first. He reiterated that there is a three minute time limit for all
those wishing to address the council, and by doing so, the Council may be able to get as many
comments and pieces of information this evening as possible.
Public comments were taken from:
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Dave Melsheimer 659 Green Briar
Liz Bradner 1290 N Western
Dottie Thumler 551 Beverly
Laura Brinckerhoff 220 Basswood Road no comment
C. Bennett Stephens 274 Cherokee road
Brad Kunde 975 w Deerpath no comment
Nancy Voorhees 475 w Deerpath no comment
Fred Lane 853 Castlegate Ct
Marie Nemerov 1380 Burr Oak Road no comment
Guy W. Wilbur 1451 W Fork Drive
Phelps Langtry 1230
Craig Strom 346 E Spruce
Carlton R Maarcyan 475 E Green bay
Mark Steveson MD Kathryn Lane
Jane Partridge 1794 farm road
Tom Marks 470 Estate Lane unavailable
David “Dean” Grumhaus III 487 Walnut Road
Michael Shanahan 220 Keith
Adam Sachs 1168 Lynette
William Briggs 366 Wisconsin
Jim Whelan 431 McCormick Drive
Mark Shaw 1155 Highland Ave
Dan Cox 593 W Caleton Dr. Round Lake IL
Connor Hendricks 5104 Chatfield Drive Highland Park IL
Phil Reynolds 650 Garfield Ave Lake Bluff IL
Carl Lambrecht 280 Laurel Ave Highland Park IL
Mayor Schoenheider again thanked all for coming and staying, and conveyed that City Council is grateful
for all input.
Alderman Palmer made a motion to take no action to regulate weapons in the City of Lake Forest,
Seconded by Alderman Adelman.
Alderman Moore asked to have additional discussion on the topic before going to a vote; Alderman
Palmer said his motion was withdrawn for further discussion.
Mayor Schoenheider again went to the Alderman for discussion. Mayor Schoenheider said it was clear
that; after the discussion tonight, it would be best to send this ordinance back to the Attorneys and ask
for its fine tuning and that all Aldermen would be available if a special meeting is necessary.
RECOMMENDED ACTION: If appropriate and desired by the City Council, adopt first reading of an
ordinance which regulates assault weapons within the City.
Alderman Palmer made a motion to table the item and asked staff to draft a new proposed
“placeholder” ordinance, Seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen
Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”:
None. 8 Yeas, 0 Nays, motion carried.
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Regular City Council Meeting
Mayor Schoenheider again thanked all those in attendance for their time in coming to Council and
everyone else who gave their input to Council.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None
ADJOURNMENT
There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by
Alderman Novit. Motion carried unanimously by voice vote at 9:45pm
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk