MINUTES
ARNOLD BUILDING
100 S. MAIN STREET, EAST PEORIA, ILLINOIS
MAY 7, 2013
The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor Mayor
David Mingus at 6:00 P.M.
Upon the roll being called the following answered present: Mayor David Mingus, Commissioner Daniel Decker,
Commissioner Gary Densberger, Commissioner Timothy Jeffers and Commissioner Benjamin C. Joos.
Absent: None.
The invocation was given by Commissioner Jeffers.
Mayor Mingus led the Council and the audience in the pledge of allegiance to the flag.
Motion by Commissioner Joos, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes of the
Regular Meeting and Working Session held on April 30, 2013 and the minutes of the Closed Meeting held on April
16, 2013 be approved as printed.
Yeas: Commissioner Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried.
Mayor Mingus proclaimed May 19-25, 2013 as “National Public Works Week.”
Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items on the agenda to come
to the podium, state their name, address and the matter or matters to be discussed. There was no response.
Resolution No. 1314-001 by Commissioner Densberger, seconded by Commissioner Decker; BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that the claims as listed on Schedule No. 24 be
allowed. Mr. Mayor, I, move that the Clerk is hereby authorized and directed to issue orders on the Treasurer for the
various amounts, totaling $2,379,663.44, and the schedule of bills be hereby adopted as presented.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried.
Motion by Commissioner Densberger, seconded by Commissioner Joos; Mr. Mayor, I move you that Ordinance No.
4110, hereto attached, (AN ANNUAL APPROPRIATION ORDINANCE FOR THE CITY OF EAST PEORIA,
ILLINOIS FOR THE FISCAL YEAR FROM THE FIRST DAY OF MAY A.D. 2013 TO THE LAST DAY OF
APRIL A.D. 2014) having been read once by its title and having been laid on the table for no less than one week for
public inspection, be adopted as presented.
Commissioner Densberger explained that the City has a balanced budget. He feels that the City has a structural
deficit in that the costs of salaries, health insurance and pensions is increasing faster than the increase in revenues.
Since Fiscal Year 2007-2008 through Fiscal Year 2012-2013 sales tax revenue has increased nine percent while the
salaries, health insurance and pensions have increase by thirteen percent.
Commissioner Joos explained that the structural deficit is a common problem among other communities that
everyone needs to be aware of.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried and Ordinance No. 4110 be adopted as presented.
Resolution No. 1213-149 by Commissioner Decker, seconded by Commissioner Densberger; BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 1213-149 hereto attached,
a Resolution to accept the bid for Sign Post Installation in the New EP Downtown (The Levee District), be hereby
approved, and that this Resolution No. 1213-149 having been read once by its title and having laid on the table for
no less than one week for public inspection, be adopted as presented.
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Commissioner Decker explained that the posts to be installed will match the other things in the new downtown.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried and Resolution No. 1213-149 be duly adopted as presented.
Motion by Commissioner Jeffers, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance No.
4112 hereto attached, (AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 OF THE EAST PEORIA CITY
CODE TO CHANGE THE NUMBER OF CLASS A AND SUBCLASS 1 LIQUOR LICENSES AUTHORIZED
TO BE ISSUED WITHIN THE CORPORATE LIMITS OF THE CITY) be read at length by the Clerk, and that said
Ordinance No. 4112 be accepted on its first reading, and be hereby adopted as presented.
Commissioner Jeffers explained that the City keeps the licenses to reflect the number of actual issues. Two new
additions to beer garden licenses. He discussed the background of the beer garden regulations.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None.
Mayor Mingus declared the motion carried and Ordinance No. 4112 to be duly adopted as presented.
Mayor Mingus stated if there was anyone in the audience who wanted to speak on any items on the nonagenda to
come to the podium, state their name, address and the matter or matters to be discussed.
Josh Allen of 120 Kaitlin Court, East Peoria, Illinois came to podium. He explained that he has found himself with
more questions than answers from the City regarding assistance for his home. He explained that he saw the plat on
the lot and that it was all fill dirt. He stated that only nine years later he is finding that it is not safe. He does not
feel safe moving back into his home. He discussed the steep slope ordinance and that if this was in effect now, the
home would not have been built. He is asking for the City make things right. He discussed businesses and asked if
the City has love to help families, people who have lost values in home, etc. He is asking for an action plan now
from the City. He asks for the City to set up a fund not only for the current families but for other families that may
be affected. He explained that a group has been formed called Operation on Stable Ground. They started a website
with is setting up a benefit at the Festival Building. A fund has been created to help families.
Chris Severinsen of 815 Holland Road, Germantown Hills, Illinois came to the podium. He explained that he has
looked at the property and looked at plans and other things to see what has gone wrong and how to move forward.
He discussed the preliminary plans from 1991. He discussed the ravine where the ravine starts. He discussed that
there is now a 20 ft. slope. He explained that the Campbell property has collapsed. He discussed channels being
built and explained that he believes that water has eroded out the base of the hill. He discussed a storm drain on the
curb down 116 Kaitlin Court that drains between the properties that drops down the ravine. He discussed property
that has been lost. He asked who is maintains the property behind the properties. He explained that the property
was graded and riprap must be put in. He discussed the steepness that was put behind the Campbell’s property. He
explained that if the land is not fixed, it will continue to erode.
Rachel Allen of 120 Kaitlin Court, East Peoria, Illinois came to the podium. She explained that she has had lots of
support, but explained that it has been nineteen days since they have had the problem. She explained that they need
a plan and help from the elected officials. She explained that she would like to stay in East Peoria. She is asking the
elected officials and City to come forward. She discussed the letter that she received to explained that the property
has to be fixed in 15 days.
Commissioner Densberger explained that the letter should have been handled differently. It was a legal notice to put
a date stamp on the process. He explained that there is some engineering that the City has contracted for to assess
the situation. He explained that the reports from the engineers must be received in advance before anyone can move
forward. He explained that he does bit know what the outcome will be.
Ms. Allen explained that the homeowners are basically left with questions. She closed by pleading for the City’s
help.
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Chauncey Haywood, 216 Sunnybrook Drive, East Peoria, Illinois came to the podium. He explained that if homes
are torn down, the soil will be destroyed. He stated that it should not be the residents taking on financial ruins for
something that was done long ago. He explained that he feels that the leaders of East Peoria should take on a
leadership role to determine what is going to happen moving forward. He explained that answers are still wait and
see, and they don’t want to wait and see. He wants to know. He explained that some of his property has been
affected and land will continue to be eroded. He wants action that is affecting the whole neighborhood, property is
devalued and there is no remedy. He explained that he needs action and wants the City to stand up. He told the
council to come live where they live and then make a difference.
Mayor Mingus asked for any additional comments from the audience. There was no response.
Motion by Commissioner Decker, seconded by Commissioner Densberger, Mr. Mayor, I move that a meeting or
session of the city council be held at the conclusion of this regular meeting to discuss the following matter or matters
according to exceptions provided in the “Open Meetings Act” and specified as follows:
Section 2(c)(1) – Employment, appointment or dismissal of an employee.
Section 2(c)(2) – Collective negotiating matters.
Yeas: Commissioners Densberger, Decker, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried.
Mayor Mingus then asked for comments from Council.
Mayor Mingus explained that there is an outside engineer has been hired to determine the stability and must be done
prior to action by the City. He explained that it is in the best interests for all parties concerned. He explained that
there is a long history of having situations on the bluffs throughout the City. It has been a long standing practice to
not use taxpayer dollars to correct the issues.
Commissioner Densberger explained that the site has stabilized for the time being. The surface points on the
property show signs of stability and have not moved to any significant degree. He explained that the surface points
are not a geotechnical study. He explained that the City is waiting on the results from the engineering study. It will
help residents make decisions as to how to move forward. He is hopeful that the engineers can find positive findings
moving forward. He asked Director of Public Works, Steve Ferguson, about the length of time. Ferguson explained
that it is an expedited proposal and he expects to receive it in the next the next few weeks.
Commissioner Decker stated that he cannot imagine what he would do if he was faced with the situation that the
residents on Kaitlin Court or Sunnybrook Lane are faced with. He explained that the City is constantly doing to
things to find out where the soil is. He explained that it is necessary to determine where the land stands now to
move forward. He discussed the steep slope ordinance. He explained that the City is made up of ravines and he
would have no idea that the area was built on fill. He explained that the City is getting better overtime with code
enforcement and how the City progresses. He explained that he has heard from citizens that were adamant that
taxpayer funds should not be used for these issues. He explained that if anyone could help, they would do it now.
He discussed being involved in fundraisers. He explained that he does not know the damage done to the earth or the
continued movement of the soil until the engineer’s reports come back. He is sorry that the City does not have
answers at this time. He explained that the City will do anything that it can do.
Josh Allen explained that he owns 20 feet down but he asked who owns the rest of the 100 feet down. He explained
that he is not discussing fixing back yards with taxpayer dollars. He explained that he is discussing fixing the base
of the ravine. He asked who owns the bottom where the drainage is. He explained that the slumping started at the
bottom and not the top.
Mayor Mingus explained that he is not sure where the problem started and he is not sure who owns that property.
He explained that the engineer’s report will determine where the problem occurred.
Commissioner Joos explained that the in situations that he has seen lots go back 500 or 600 feet and it buts up to the
next property owner. He explained that he is not aware that this is the same in the instances for these homes.
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Commissioner Jeffers emphasized that everyone be patient, and we do not what caused this completely. He
explained that we do know that rainfall over a short period of time caused problems, but we are not aware of the
complete cause. He discussed how he sympathizes with the residents. He discussed what the City is doing to assist
in moving forward with a remedy of the situation, such as hiring engineers to determine how to move forward. He
discussed the fundraiser on June 1, 2013.
Mr. Chauncy discussed the situation that happened on Sunnybrook and in another location. He asked what
similarities there are. He asked what it would take if a family met its demise. He asked would it be different and
how much different it would be different.
Commissioner Joos discussed property loss vs. loss of life. He explained that he is going to be straight forward and
may say some things that are uncomfortable but he feels that it is important for everyone to understand his views.
He discussed making decisions in the best interests of the taxpayers as a whole. He explained that everyone just
cannot move forward until qualified professionals come back with determinations on how to move forward. He
discussed that the Allen family does not want to go back to the home for fear of safety. He explained that one of the
larger things the City is considering is how to make the land stable and stop the erosion where it is at. He discussed
instances where homes have been demolished. He explained that with his experience as an elected official and his
professional experience, he cannot think of a time when the homeowner has been asked to pay for the demolition.
He explained that the City is looking at this situation as a whole. He explained that many of the home are built on
hillsides. He ended by explaining that the City will be identifying the correct action to move forward.
Mayor Mingus explained that in situations like this everyone wants to find someone to take responsibility and place
blame. He explained that not going to take taxpayers dollars to pay for the entire amounts of the property and
remediate the situation. He explained that he would like to help more, but it is not possible. The City will look at
other avenues by assisting in fundraising and plans to help. He explained that the City is not to blame; it did not
bring the five inches of rain. He explained that the City has done everything to help, and the City is putting
something on the website to help residents to make decisions to determine if erosion has occurred and what to do.
He explained that all of the City’s research shows that the City has not done anything at fault but that the City would
like to know if it did do anything at fault. He explained that there will not be hiding of information. He explained
that the City is looking at this objectively by hiring outside engineers to assess the situation. He explained that the
City is assisting in getting engineering to determinate how to remediate the problem. He explained that he prays for
a miracle, and he is hopeful that everyone prays for a solution to this situation.
Commissioner Densberger explained that he agrees with everything that the Mayor has said and that the most
important thing that the City can offer is the engineering study. He explained that the City of East Peoria is the only
municipality in the Tri-County areas to have a steep slope ordinance. He explained that the City will continue to
review the ordinance and improve it where necessary.
Motion by Commissioner Jeffers, seconded by Commissioner Joos; Mr. Mayor, I move you that we adjourn until
Tuesday evening, May 21, 2013 at 6:00 P.M.
Yeas: Commissioners Decker, Densberger, Jeffers, Joos and Mayor Mingus.
Nays: None
Mayor Mingus declared the motion carried and the meeting adjourned at 6:51 P.M.
_/s/ Morgan R. Cadwalader________
City Clerk Morgan R. Cadwalader