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TO: The Mayor and City Council
FROM: Richard J. Veenstra
Corporation Counsel
DATE: August 22, 2024
SUBJECT:
The acquisition of real property, generally located at the west corner of Broadway Avenue and Pierce Street, by eminent domain or otherwise.
PURPOSE:
To acquire the real property located at 540 and 600 N Broadway Ave and 45, 55, and 59 Pierce St. by eminent domain (or other means) via bankruptcy trustee deed.
BACKGROUND:
For most of the City's existence, the Fox River played a vital role in supporting various industrial uses that were located along its banks. However, over time the City and its leadership came to view the Fox River as a unique resource and amenity whose value to the community was not fully realized - and in fact, was diminished, by its historic use as a location for polluting industries. The City's comprehensive plan has long reflected this change in philosophy and the City has been working (1) to require that the parties that are legally liable for the pollution to clean up the contaminated properties on the Fox River to residential standards and to otherwise strictly comply with federal, state and local laws, including environmental laws and (2) when appropriate, to acquire and promote the public and private redevelopment of property located along the Fox River in a manner that is consistent with the City's comprehensive riverfront plan.
DISCUSSION:
On May 21, 2023, the City filed an action the United States District Court for the Northern District of Illinois against the owners and operators of a scrap metal operation commonly known as Get Green Recycling and its related entities.
The purpose of the City Action was to require the defendants to clean up the property and to stop discharging contaminated water into the Fox River. On September 30, 2023, several of the defendants filed for Chapter 11 Bankruptcy Protection with the intent to reorganize, maintain their businesses, and pay their creditors. On November 7, 2023, th...
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