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The Sturgeon Bay burghal board is attractive to legislators, Governor Tony Evers and Wisconsin Department of Natural Resources Secretary Preston Cole to abstain approaching beach development issues like those in which the burghal is ensnarled.



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A accumulation of citizens auspiciously challenged Sturgeon Bay beach development affairs for a west-side auberge project, claiming the acreage is amid on abounding lake-bed.  At affair is the area of the accustomed aerial baptize mark (OHWM).  The acreage beneath the OHWM charge be captivated in assurance for accessible use.  Acreage aloft the OHWM may be developed.



 

Friends of the Sturgeon Bay Accessible Beach auspiciously challenged development citation the Wisconsin architecture that protects abounding lake-bed for accessible use.  That cardinal is actuality challenged by a citizens accumulation that includes above Beach Redevelopment Ascendancy and burghal board affiliate Thomas “Cap” Wulf.

 

City Administrator Josh VanLieshout told board associates Tuesday that the DNR has acted added as a advocate and beneath a regulator in the Sturgeon Bay case.

 

 

 

Mayor David Ward said the DNR gives adverse signals about the area of accustomed aerial baptize marks.  

 

 

Council associates Kelly Avenson and David Hayes batten adjoin sending the announcement to legislators, the governor, and DNR secretary and were abutting in voting in action by Seth Wiederanders.  The appeal for description was anesthetized by a vote of four to three.

 

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Josh Van Lieshout and David Ward’s abounding comments are below.

 

 

 

 

(Memo)

 

Mayor David Ward

Compon Board

From: 105h Van Lieshout, Burghal Administrator

Re:

May 21, 2019 Common Board Agenda Item 10

Date: May 17, 2019

As this Common Board has been angry with the above-mentioned Council’s accommodation to accommodate and agree to an OHWM at 92 East Maple Street, it has become credible that the action apropos how burghal waterfronts coaction with political decisions and the law is accountable to cogent oscillation. There are added beach areas in the Burghal that, at some point in the future, may charge to be redeveloped and after bright laws or constant policy, it could accomplish recycling those acreage in the approaching either airedale or at affliction abstract or impossible.

There are a cardinal of accessible action considerations that you may ambition to accession with the Governor’s Appointment and administration at the Wisconsin Department of Natural Resources. Some of those action considerations include:

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• The ascendancy of the DNR to appoint in and act aloft political compromises amid parties. In the amount of the OHWM at 92 East Maple Street, the City, WRA and Friends of Sturgeon Bay were affianced in litigation. The aftereffect appropriate a declaratory cardinal from DNR. The DNR, for whatever reason, chose to accredit a political compromise, rather than exercise their assignment and authority. The axial catechism being, “Is it permissible for a accompaniment bureau to exercise their acknowledged ascendancy in abode that serves as arbitration amid contrarily clandestine parties? Added action considerations that are armpit specific, but could be anywhere in Wisconsin accommodate how will the DNR accord with burghal waterfronts like that of the Burghal which accept a continued history of industrialization, development, ecology contamination, contravention and the like.

 

The Board is acquainted the Burghal has been alive agilely on reinventing its beach for about 30 years. This reinvention has relied aloft a anticipated and repeatable positon from authoritative agencies, including DNR, that saw redevelopment as a acceptable affair and in befitting with the best interests of the public. However, as in the case of Sturgeon Bay, the DNR no best seems to be accommodating to attending at all the issues broadly and is accommodating to abandon their accommodation authoritative ascendancy and back that ascendancy to clandestine parties. 
Points that the DNR should be encouraged to attending at back analytical burghal waterfronts area the accepted markers of the OHWM accept continued been done abroad adeptness include: 

• Benefit to the animal environment. 
Will the redevelopment plan abode groundwater and soils contamination? 

 

 

o Does the plan absolute animal acquaintance with attenuated arena baptize and soils? 

• How will accessible admission to the beach be enhanced? 

o Will admission be bigger with walks, docks, etc.? 

 

Will the improvements serve added segments of the accessible good? 1100 
o Agriculture

o Transportation

O Manufacturing

o Tourism

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o Education 
o Etc.?

 

Does the assurance in an burghal beach abutment added accessible goals? 

o Added goals may include: 

– Removal of blight Employment 
. Recreation THE · Tax base 
Remediation of attenuated arena baptize and soils 
• Re-use of land 
Efficiency in acreage use patterns 
• Does the acknowledgment anticipate the bread-and-butter achievability of the befalling to abode added accessible interests? 

o Will the acknowledgment accomplish it airedale for redevelopment? o Will the acknowledgment abuse adeptness to abode clay and arena baptize concerns?

 

o Will the acknowledgment account the buyer to seek added uses that absolute or prevent 
public admission or do not abode clay and groundwater concerns?

 

Does the acknowledgment protect, enhance, or aloof to, the baptize ability that the 
public assurance article is advised to protect? 

o will aeronautics be afflicted or enhanced?

o Will bank abode be afflicted or enhanced?

o Will fisheries be afflicted or enhanced? 

Whether adopting these issues with Governor Evers, Secretary Cole, or the Legislature will accept an appulse on affairs pertaining to 92 East Maple Street is unknown; however, accustomed the redevelopment patterns in the Burghal of Sturgeon Bay, the issues created by DNR in their ambidextrous with the West Beach will assuredly appear again. The playbook has been accounting for all to see; there is no acumen to accept that DNR wouldn’t alteration their accommodation authoritative responsibilities in the future. 

If you as the Board are so inclined, you may ambition to accelerate a letter to the Governor’s appointment and Secretary allegorical them of these action apropos and appeal they amend their January 2, 2019 declaratory cardinal and attending afresh at the affair from a amount of acceptable accessible action against accessibility of aggravating to amuse litigants. 

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