The Winnetka Park District is soldiering on with plans to rebuild Elder Lane and Centennial beaches after a lawsuit by resident Rob Schriesheim was dismissed by a Cook County judge.
The lawsuit, which alleged the proposed land swap between the Park District and billionaire future resident Justin Ishbia is in violation of the public trust doctrine, was dismissed by Cook County Circuit Judge Eve Reilly on Oct. 2.
The land swap has been contentious in the village for some time with residents, including Schriesheim, saying the Park District shouldn’t be in the business of trading public land away to private citizens. Waters have been muddied further with a proposed $3 million donation by Ishbia to the Park District in order to complete phases one and two of the beach rebuild plans. Phase three would remain incomplete unless the land swap were to move forward.
A news release from the Park District sent Oct. 6 quoted Board President Christina Codo saying the board is extremely pleased with the judge’s ruling.
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always acts with the best interest of the community in mind and will continue to be guided by that principle as plans to improve the lakeshore continue,” she said.Schriesheim’s lawyer, Paul Gaynor, said his client intends to refile an amended suit and described the land swap as “arbitrary and unreasonable.”
As for whether the Park Board plans to move forward with the land swap now that the lawsuit has been dismissed remains to be seen. A meeting date has not been set for negotiations surrounding the donation. Once that is complete, a public meeting will be held followed by a vote.
“I do not know what the timeline for each of those events would be,” Codo said. “Obviously it’s interesting to us but it is not urgent for us as we have a budget process and we have a permitting process that will be the higher priorities.”
The board met on Oct. 5 for a committee of the whole meeting and discussed final concept plans for the beaches, the engineering cost estimates and the future of the proposed donation.
Winnetka Park District Director of Parks and Maintenance Costa Kutulas told the board he hopes to have final plans and costs available for the Oct. 19 board meeting where votes can be held.
Uncertainty around the inclusion of a village owned stormwater pipe under the breakwater on Elder Beach caused issue. Winnetka Village Council has stated it doesn’t plan to move or rebuild the stormwater outfall pipe currently at Elder Beach under a dilapidated pier. Previous plans called for collaboration between the Park District and Village Council to move the nearly 100-year-old pipe into the breakwater during construction.
“Despite the fact that the village signed off on a permit application to relocate the stormwater discharge to under the new stone (breakwater), they have since changed their mind and suggested their preference is to preserve the existing stormwater discharge,” Commissioner Warren James said. “That is why we are now showing the 75-year-old pier being resuscitated with an improved end section.”
Kutulas confirmed this and James said he hopes to continue dialogue with the village to get the pipe moved as it would be a once in a lifetime opportunity. A stormwater study is expected to be conducted by the village as well. According to Board President Christina Codo, the study may not be completed in time for the pipe to be included in the beach rebuild project.
“If we are left with that stormwater pipe there, we are left with that pier to house it,” she said.
Commissioners instructed staff to reconfigure plans with the stormwater pipe included under the breakwater with Jeff Tyson saying it’s much easier to pull things out than try to add them later.
Commissioner Colleen Root continued to push back against inclusion of the northern breakwater on Centennial Beach and expressed concern about the impact driving sheet piling could have on nearby structures. Red Barn Design and Engineering founder Matt Wright, who is helping engineer project, said the construction is very common and he has no concern about nearby buildings.
Plans remain fairly loose because without feedback from the village, Illinois Department of Natural Resources and the Army Corps of Engineers, details are relatively unknown.
“This is a ballpark of where it is. This is not set per the inch exactly where it is. This is just an indicator. There is still three levels of review beyond us that this has to go through,” Kutulas said. “I can’t determine that until we have a plan permit submitted so they can review. We’re trying to get to that phase so we can have one plan that we can submit.”
James pushed for the project completion as soon as possible with the plans outlined so far saying residents deserve prompt action.
Preliminary engineering costs for the project totals around $14,220,000 including replacement of the stormwater pipe.