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HomeMy WebLinkAbout09-17-19 Public Comment - D. Perlstein (2) - Bozeman Creek in the Flood PlainFrom:DpTo:Brian HeastonCc:Andrea Surratt; Shawn Kohtz; Agenda; Chris Mehl; Cyndy Andrus; Jeff Krauss; Eric DietrichSubject:Re: RE: RE:Date:Tuesday, September 17, 2019 11:47:28 AM Brian, I have now sent a few emails, which you haven’t responded back, with regards to my “baseless claims”. I have included photos from 1983 to which you can see the City of Bozeman put rocks and cement in the creek. I’ve also included photos of the area in question from yesterday. Maybe it was an oversight or error at the time. Regardless, it doesn’t grandfather the fact that permits were required. Go look at that park at the serious erosion and instability. I have never been shown a 124 permit that would have been required for the rip rap at that location. Please be aware if the tables were turned, I would be required prove I had a permit. The City would then force me to fix the property and would put a lien on the property. The City is wrong here based on federal laws of 1975 Streambed Act. The City of BOZEMAN is liable to their downstream neighbors. Why are you not being proactive and remedy this illegal situation? Look at the photos of the current state of affairs. The continued claims of ignorance, misinformation by your office, no evidence providing, and reckless use of rocks in accordance to federal law show probably be reviewed. I’m prepared to provide all downstream neighbors photos and documents if I don’t hear back from you. I’m certain every neighbor would be interested in any liability issues to damages in any future flooding event. David Perlstein Sent from my iPhone On Apr 23, 2019, at 2:54 PM, Brian Heaston <bheaston@bozeman.net> wrote: David – If you think this is the only area with flooding issues in this community you’d be wrong. You’re the only person I know of that is vocally complaining about the physical realities of their property that existed prior to their purchase. You’ve been given an out, by pursuing a project, and working with the City to getthat point. Again, we won’t do the lift of running this project (ie finding the money, completing design, administering construction) because it benefits private property and the City has no liability concerning the existing configuration of the wall/creek. Unless there’s a directive that comes from the City Manager or CityCommission, this is how it’s going to work (your responsibility). The flood hazard evaluation work conducted by many qualified engineers shows your property is in the floodplain. So, it is “supposed” to flood, per FEMA. You’re welcome to cruise through the permit files yourself. I do not have the time to do that. Your allegations are baseless without substantiation. You mention a sworn affidavit, photos, and correspondence with Commissioner Mehl, but that’s never been provided to me. This conversation may actually gosomewhere if productive you can back up your currently baseless claims. Brian From: Dp <davidperlstein@gmail.com> Sent: Tuesday, April 23, 2019 2:44 PMTo: Brian Heaston <bheaston@BOZEMAN.NET>Subject: Re: RE: The personal responsibility is me protecting my property with sandbags. The City having never done anything is the problem. You are the flood plain manager for the CityOf BOZEMAN. You know the park is suppose to flood. You have a concrete wall that is above grade. You know that pushes the water to my property that isn’t suppose to flood per FEMA. So yes I will finger point. You are an engineer and a flood plain manager, how come you don’t suggest fixing this area? I would ask for permits on the rip rap and a letter explaining why this area has never been addressed. Is the wall secure? It’s crumbling as it turns east. Is that safe? I look forward to your email. David Sent from my iPhone On Apr 22, 2019, at 1:31 PM, Brian Heaston <bheaston@bozeman.net> wrote: David, The survey was done with the LiDAR. A more detailed survey may be brought forward during Appeal & Comment. This is the way the process works. The city and FEMA cannot reasonably survey every inch of property being mapped with on-ground survey crews. This is the responsibility of affectedproperty owners through appeal/comment. You can always bring forward a site survey after the new maps are effective through a Letter of Map Amendment (LOMA) filing with FEMA. Costs for preparing the LOMA or appeal/comment are on the property owner. You again allege illegality on the City’s part with placement of rip rap, but have not substantiated this claim with any documentation. Bring it forward if you have a complaint to ledge. What is a shame is pointing the finger at the City to us take the lead in correcting a known flood on private property that existed when you purchased the land. I see no personal responsibility being taken here at all, particularly since flood insurance is not in place to protect your affordable housinginvestment when it could be purchased voluntarily at an affordable rate. Again, I would encourage you to look into purchasing insurance, it’s the only protection you have in the event of flood loss. Brian From: david perlstein <davidperlstein@gmail.com> Sent: Monday, April 22, 2019 1:20 PMTo: Brian Heaston <bheaston@BOZEMAN.NET>Cc: Agenda <agenda@BOZEMAN.NET>; Shawn Kohtz <SKohtz@BOZEMAN.NET>; Chuck Winn <CWinn@BOZEMAN.NET> Subject: RE: Brian et al, Flood insurance is to protect me financially. It doesn’t protect the tenants. What does protect the tenants is the sandbags. May I again remind you that I have never been required to own insurance for this property by the Federal Government. Asking for a land survey to try and help keep affordable housing seems like a reasonable request. I would also kindly mention that in my due diligence when purchasing this property, I would never have been able to find information on the Creekside Park’s illegal rip rap or above grade, not to federal code, wall. However, when the City of Bozeman purchased this property in 1981 or 1982, maybethat’s when the due diligence should have been done. Isn’t it a shame that in the almost 40 years of owning that property, the City has made no efforts to beautify, protect, or enhance that piece of property. Sent from Mail for Windows 10 From: Brian HeastonSent: Monday, April 22, 2019 11:45 AMTo: 'david perlstein'Cc: Agenda; Shawn Kohtz; Chuck WinnSubject: RE: David – The FEMA flood study is purposed with identifying and mapping flood hazards on Bozeman Creek. The study incorporates the existing configuration of the creek and the built environment. A detailed aerial survey was conducted for the project using LiDAR survey techniques. The study indicatesthat your property has a flood hazard associated with it. This corroborates actual flooding experienced. The City does not incur liability because of the FEMA mapping. We incur liability by not permitting projects requiring permitting in the floodplain. We require permits, and have obtained permits to my knowledge, for work requiring permitting that has occurred at Creekside since the floodplain was first mapped by FEMA in the early 1980s. I would strongly encourage you to purchase flood insurance now. It can be purchased at a reasonable rate now the new maps become effective placing your buildingin the floodplain. Frankly, for a property with a known flood hazard to not have insurance, particularly for the ‘affordable housing’ you’re providing, is irresponsible and is not taking responsibility for the tenants residing there. As mentioned during our meeting, nothing is preventing you from raising money to perform the improvement you seek. You have a willing partner, in me, in seeing this through, but you have to do the lift to make the project a reality, which means finding money for it. The improvements done to Creeksidewith the retaining wall were in place prior to when you purchased the property. It was an existing condition which should have been considered in your due diligence with purchasing the property. Respectfully,Brian From: david perlstein <davidperlstein@gmail.com> Sent: Monday, April 22, 2019 10:15 AMTo: Brian Heaston <bheaston@BOZEMAN.NET>Cc: Agenda <agenda@BOZEMAN.NET> Subject: Brian, It appears that the study on Bozeman Creek done by Allied Engineering has put my apartment complex on Beall in the flood plain. This would be the first time that this has occurred in the house’s lifetime. This is an affordable housing project. This study will affect my property value and of course the affordability. I was surprised to learn that no land survey was done after realizing housing would now be added to the flood plain. Wouldn’t the City want to make sure that this study is correct? FEMA has always insisted that Creekside Park was the problem to flooding on that corner. Has there been any consideration to fixing this park and the inherent problems? The concrete wall built above grade and the illegal rip rap (to which I have photos and signed sworn affidavit). Maybe being proactive and fixing this dilapidated wall and beautifying the park would be a better solution than just blindly looking at aerial measurements and ‘grandfathering’ known issues. This wouldn’t be allowable for a developer or home owner and the City doesn’t deserve a pass either. I believe with the scope of your new study, the least the City of Bozeman can do, is a land study to try and protect affordable housing and understand ramifications to the Fema Map. The City should be working with all means and methods to ensure the accuracy of this new work. There is a liability issue that the city continues to ignore and now impacts our property values. The Creekside Park continues to affect the life safety and property value in the neighborhood and now is the time for the City of Bozeman to do the work on the Creekside Park. Sent from Mail for Windows 10 City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be availablefor public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosureand will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will beretained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.