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HomeMy WebLinkAbout03-26-18 Public Comment - E. Graf - Stormwater Management Compliance (Ordinance 2002) E.G. Construction LLC P.O. Box 10906, Bozeman, MT 59719 Office: (406) 579-8248 Fax: (406) 587-7950 March 26, 2018 Mayor Cynthia Andrus Jeff Krause Deputy Mayor Chris Mehl Commissioner I-Ho Pomeroy Commissioner Terry Cunningham Commissioner Jeff Krause City of Bozeman P.O. Box 1230 Bozeman, MT 59771 RE: Ordinance 2002 (considered) Dear Bozeman City Commission, Planning Department; As you consider Ordinance 2002 this evening I would like to make the argument that the ordinance as presented is not appropriate at this time. First and foremost the city of Bozeman is not in violation of their storm water permit, nor have they been for the last 12 quarters, which somewhat undercuts the argument for an emergency. To me that would be the essence of the need for an “Emergency” ordinance. Although a city’s authority to take action for public health, safety, and welfare is broad under the law, the actions must be closely tailored to actually protect that public health, safety, and welfare. The punitive portions of proposed Ordinance No. 2002 are not designed to prevent or remedy storm water runoff, but merely to punish. This is not an ordinance designed to be closely tailored to remedy the emergency, but merely to be punitive in nature. If the true purpose were prevention, the City of Bozeman would act in accordance with the Draft Storm water Management Plan and prioritize clear communication, education, and outreach rather than merely seeking to rack up fines. While the preamble in the draft Ordinance states that the construction industry’s compliance does not meet the requirements for the city’s MS4 permit or the city’s goals of protecting water quality, there is no discussion of the reasons for that lack of compliance under the current runoff conditions. The reality is that with current freeze-thaw cycles, even the most conscientious contractors will have some sediment. Please note the Clean Water Act is not a zero discharge statute, nor is that what the city’s MS4 permit requires. And, yet, zero sediment is what the proposed ordinance seeks. This is unreasonable in light of the existing circumstances and available remedies and unnecessary to address the alleged emergency. I agree that the weather of the last 6 months and the warming currently are creating challenges. Challenges that are felt by all citizens, developers, builder, and delivery companies. A challenge that can be improved with a friendly administration that encourages correct practices, and promotes partnership. This issue is community wide and should not be “fixed” by hiring more city employees or holding your citizenry customers hostage. Furthermore, I do not feel it is right for the city to ask the private sector to be held to a higher standard than the city operates currently. Until all streets, curbs, gutters, and storm water systems that are maintained by the city are cleaned and maintained to this standard it is not appropriate to hold others to higher standards. If punitive damages are imposed I expect the cost of doing business in Bozeman to increase creating an even larger distinction in our housing affordability. Conserving affordability not only in operating a business, but in creating housing in our community is and will continue to be a priority in my business. Increased regulation hurts the ability to provide affordability. I look forward to continued discussion in an open and honest manor on this issue. Respectfully, Eugene Graf IV