Loading...
HomeMy WebLinkAbout12-13-21 Public Comment - L. Zyvoloski - Bibs to Books Business License AppealFrom:agenda@bozeman.net To:Agenda Subject:Thank you for your public comment. Date:Monday, December 13, 2021 9:25:37 PM A new entry to a form/survey has been submitted. Form Name:Public Comment Form Date & Time:12/13/2021 9:25 PM Response #:1432 Submitter ID:46854 IP address:71.15.192.45 Time to complete:28 min. , 29 sec. Survey Details Page 1 Public comment may be submitted via the form below, or by any of the following options. Public comment may also be given at any public meeting. Email: agenda@bozeman.net Mail to: Attn: City Commission PO Box 1230 Bozeman, MT 59771 First Name Linda Last Name Zyvoloski Email Address lindazyvoloski@gmail.com Phone Number 406-581-7480 Comments To whom it may concern: I am writing to address the appeal of the issuance of the business license issued to Bibs to Books Playhouse (Lic # 21-69197). I live on Highland Ct with my husband and 9-month-old baby and want to make it clear that I am NOT in opposition of in-home childcare. I am however in opposition of this in-home childcare service for the following reasons: Lack of sidewalks: Highland Ct is in a subdivision that does not have any sidewalks. The residents of the neighborhood, as well as other members of the community walk and run on the side of the road. Children are riding the bikes, and babies are pushed in strollers. Due to the lack of sidewalks the roads are utilized differently in this neighborhood. The increase in traffic due to a commercial business now being located at 2107 Highland Ct, has made it unsafe for residents during hours in which children are being dropped off or picked up from daycare. Lack of parking: 2107 Highland Ct., is a residence and NOT setup for parking to support a commercial business. As such, parents for 12 children being dropped off or picked up, often run their vehicles idle in front of our homes and or park in front of the neighbors’ homes, inhibiting residents from parking in front of their residence or accessing their property easily. Additionally, without having a suitable parking lot to load and unload children, neighbors’ yards are often used as a staging area for parents as they arrive or depart the daycare. I personally have come out of my house to have a child of the daycare running through my side yard as the parent was organizing the child’s belongings. It should also be noted that on more than one occasion I have witnessed where a vehicle that was parked on the opposite side of the street as the daycare had a child run across the street to the daycare in front of oncoming traffic. Increased traffic: The increase in traffic has made it difficult for residents adjacent to the daycare location to get in and out of their own driveways during times when parents are dropping off or picking up children. The vehicles that are running idle and the traffic jam that is caused by parents attempting to use the daycare driveway creates an unsafe street. Additionally, the increased constant traffic in the daycare driveway has caused many near accidents between vehicles coming and going. I have also personally witnessed a child who was not getting into his father’s truck and ran behind a vehicle that was backing out of the daycare driveway. The child was lucky to have not been hit by the vehicle. Distracted drivers: Most of the parents are dropping off and picking up children around the same time and seem to be in a rush to get to work, home or the rest of their day. As such drivers tend to speed through our neighborhood and are not paying attention to pedestrians. On more than one occasion, I have had to quickly move out of the way as a distracted driver was not aware that I was also using the road to go on a walk with my baby. Using driveways to turn around: On a regular basis parents arriving or departing the daycare will need to turn around as the driveway of the business is full, or there are other cars already idling as they wait to be able to pull into the driveway. This situation has caused drivers to use neighbors’ driveways to turn around, at times causing near crashes into mailboxes, other vehicles, or personal property. Snow conditions: Highland Ct is in a subdivision that is not prioritized with snow removal. We are lucky to have many mature trees in the neighborhood, but with the lack of consistent sun in some areas, the streets stay snowy and become very slick. On days that we have had snowy road conditions, the increase in traffic is more dangerous and parking more of an issue. Bozeman Municipal Code / Other Legal Considerations: As a new parent, I am glad that departments such as Montana Department of Health and Human Services inspects and provides regulations to keep children safe while attending a daycare. It is the City of Bozeman who needs to take ownership of ensuring that the location of a commercial business (like a daycare providing care to 12 children), is safe for children, parents and the adjacent homes and residents of the neighborhood. When a commercial business (especially one with patrons), wants to operate in a residence, the City of Bozeman has outlined a process in which they evaluate the impact to the neighborhood if such operations were to take place. This process was not followed when the City of Bozeman issued a business license to Bibs to Books Playhouse (Lic # 21-69197). The City of Bozeman should have reviewed the business licensed application with the same review process that other businesses are required to comply with prior to operating. The scope and impact of the business requires a Special Use Permit, as outlined in the Bozeman Municipal Code (BMC). Neighbors should be allowed to provide public comment for changes to their neighborhood that could have impact on property values BEFORE changes take place. City of Bozeman employees also acted, more than once to influence a decision pending before the City Commission. This situation has resulted in not only a conflict of interest, but also an ethics complaint being submitted when the City of Bozeman’s Attorney’s Office transgressions created a violation of the Cities and States Ethics laws. The City’s Attorney’s Office used their power and influence to take action to put aside a matter that was not presented to the City Commission timely or fairly, without interference. The City’s communication that took place with the daycare created favoritism and bias during this appeal process. The way this entire process has unfolded, as created distrust of local government, and eroded confidence in elected officials. The City Council can restore confidence in the process that is outlined in our BMC and address the actions of how this appeal has been handled by City Employees. As a concerned resident, I am asking the City Commission to overturn the City’s decision to issue a business license to Bibs to Books Playhouse (Lic # 21- 69197), and invalidate Administrative Rule 2021-01 as both were improperly issued. Thanks for your consideration, Linda Zyvoloski If you would like to submit additional documents (.pdf, .doc, .docx, .xls, .xlsx, .gif, .jpg, .png, .rtf, .txt) along with your comment, you may alternately address agenda@bozeman.net directly to ensure receipt of all information. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email.