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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 Proceedings of the July 1, 2013 Regular City Council Meeting 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. Proceedings of the July 1, 2013 Regular City Council Meeting 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 Proceedings of the July 1, 2013 Regular City Council Meeting 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. Proceedings of the July 1, 2013 Regular City Council Meeting 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 Proceedings of the July 1, 2013 Regular City Council Meeting 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 Proceedings of the July 1, 2013 Regular City Council Meeting 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: Proceedings of the July 1, 2013 Regular City Council Meeting 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. Proceedings of the July 1, 2013 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