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