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Enclosures for Ethics Complaint Letter (12.8.21)
Lara D. Guercio Crowley Fleck 1915 South 19th Avenue Bozeman, MT 59718 Re: Group Day Care (2107 Highland Court) Ms. Guercio: I have received your letter of formal complaint on behalf of your client regarding the group day care at 2107 Highland Court. The City also received an email from Mr. Zyvoloski on August 13, 2021. This letter responds to both communications. After consulting with the City Attorney and in accordance with our previous advice, the City of Bozeman disagrees that a business license is required to run an otherwise compliant group day care in a residential neighborhood within the City. Therefore, no violation of the Bozeman Municipal Code (BMC) has occurred. First, please be advised that group day cares are authorized in the State of Montana in any residential zone. See Mont. Code Ann. § 76-2-412. Additionally, the BMC addresses and regulates various kinds of daycare facilities in both residential and commercial zoning districts. The property at 2107 Highland Court is in a residential area zoned R-1. A group day care is a principal use in the R-1 zoning district, meaning it is fully permissible under City code. See 38.310.030, BMC. The City understands that not every house or neighborhood will be a good fit for a day care facility, which is in part why the code requires day care facilities to be either licensed or registered with Montana’s Department of Public Health and Human Services (DPHHS). Under DPHHS regulations, group day care facilities must provide proof of liability and fire insurance, minimum amounts of indoor and outdoor space for each child, and specific means of ingress and egress, among many other things. Next, the City generally requires a business to be licensed, unless the business is exempt pursuant to state law or by other provisions of the code. See 12.01.010.A.1, BMC. The State of Montana is the regulatory and licensing authority for many professions, including daycare businesses. The City does not require a business license for the practice of professions regulated by state law. Therefore, the City does not require any licensure of day care businesses beyond what is required by state law. DPHHS Registration requirements for family and group daycares share many similarities with licensure requirements for larger day care centers, including penalties for violations of state law. See Mont. Code Ann. § 52-2-741. Page 2 of 2 Finally, we look forward to the continued involvement of all citizens on updates and edits to the municipal code. Citizens are notified of proposed changes to the municipal code in multiple ways: through the City’s website on City Commission agendas at www.bozeman.net/government/city-commission; by publication in the Bozeman Daily Chronicle legal ads; and by posting in City Hall. Unfortunately, due to the variety of issues and volume of interest on any given topic, it is not possible for the City to provide direct notice to you if the City proposes any changes in the future to municipal codes regarding day care facilities or business license requirements. Sincerely, Marty Matsen Director of Community Development c: Jeff Mihelich, City Manager Greg Sullivan, City Attorney Bekki McLean, Chief Prosecutor Tim Cooper, Assistant City Attorney Jennifer Guittari, Assistant City Attorney Kelley Rischke, Assistant City Attorney Anna Saverud, Assistant City Attorney Kyla Murray, Prosecutor Edward Hirsch, Prosecutor Samantha Niesen, Prosecutor A 121 NORTH ROUSE AVENUE P.O. BOX 1230 BOZEMAN, MT 59771-1230 P 406-582-2309 F 406-582-2302 WWW.BOZEMAN.NET F TDD: 406-582-2301 THE MOST LIVABLE PLACE October 15, 2021 Lara D. Guercio 1915 South 19th Ave. Bozeman, MT 59718 RE: Group Day Care (2107 Highland Court) Dear Ms. Guercio: This letter responds to your response letter to Mr. Matsen dated September 30, 2021 and your letter appealing Mr. Matsen’s decision dated October 6, 2021. The daycare, Bibs to Books Playhouse, recently applied for and received a City of Bozeman Business License. I have provided a copy for your convenience. Your complaint has been resolved and the appeal is moot; therefore, no hearing date before the City Commission will be set. For clarification, Mr. Matsen’s reference to the daycare being “otherwise compliant” was with respect to zoning codes, which require registration with DPHHS. Bibs to Books Playhouse is compliant with DPHHS, properly registered with the state, and is in compliance with City zoning codes. The building code violation and the Stop Work Order issued in relation to the installation of egress windows at the day care was due to a mistake on the City’s part and was quickly remedied. An application for a building permit was submitted for the work, but City personnel mistakenly believed that the work was for a home on Highland Boulevard, not Highland Court. Highland Boulevard is outside city limits and the applicant was advised that a City of Bozeman building permit would not be required. As soon as the mistake was discovered, the applicant obtained a building permit. Since the day care business is apparently a separate entity from the auto detail shop and you have provided no evidence that Ms. Limpus has any responsibility for the auto detail shop, your assertions with regard to an auto detail shop operating without a license are irrelevant to the complaint pertaining to the day care. Fortunately, the day care now holds a business license and no further resources will be needlessly expended by either party. Sincerely, /s/ Kelley L. Rischke Kelley Rischke Assistant City Attorney BOZEMANMTBUSINESS LICENSENO. 21-00069197$ 0.00GRANTED: October 13, 2021BEGINS: October 13, 2021EXPIRES: October 31, 2022THIS LICENSE is granted to:BIBS TO BOOKS PLAYHOUSE2107 HIGHLAND CTBOZEMAN MT 59715406-581-8375The necessary application has been submitted and approved. The requiredbusiness license fee has been paid. Therefore, this license is issued subject to allthe terms and conditions of the Business License Ordinance of the BozemanMunicipal Code Sec. 12.01.010.This license is NOT TRANSFERABLE.By signing this license the owner agrees to conform to all requirements.Signature.BUSINESS LICENSE OWNER^Bp.^^^•••;..••^;^7--••ys/•^°/*0•Vy^7.v^V<?;••..1883..••A^^..••••..0^^'co.DepartmentofCommunity Developmentbusinesslicenses@bozeman.net(406)-582-2260 BOZEMANCommunity DevelopmentMTOctober 13, 2021BIBS TO BOOKS PLAYHOUSE2107 HIGHLAND CTBOZEMANMT 59715Dear Business Owner or Manager:Please find enclosed your Bozeman City Business License.Please sign this document immediately. By law it must be posted in apublic place.Thank you for complying with Bozeman Municipal Code 12.02.130.If you have any questions please feel free to call [406} 582-2260.Regards,Department of Community Development® 20 East Olive Street ] ®P.O.Box 1230Bozeman, MT 59771-1230(P) 406-582-2260 ; © 406-582-2263 I www.bozeman.netTDD: 406-582-2301THE MOST LIVABLE PLACE. October 27, 2021 City of Bozeman City Commissioners c/o City Clerk, Mike Mass 121 N. Rouse, Suite 201 Bozeman, MT 59715 RE: Administrative Appeal of Business License No. 21-69197 for a Home-Based Daycare Dear City Commissioners: I have lived in Bozeman for 20 years and at my current address for 10 years. I’m a new father who is aware of the daycare shortage in Bozeman, and I believe that there is a proper place in our community for home-based daycares. I’m asking the City Commission to take an unbiased review of the City staff’s actions regarding the issuance of a business license to a home-based daycare that is clearly deficient and not compliant with the Bozeman Municipal Code (BMC or Code). I am writing as the Appellant, residing with my family at 2108 Highland Ct., to appeal, in accordance with and pursuant to BMC § 12.02.190, the City of Bozeman's (City) administrative decision to issue on October 13, 2021, a business license (No. 21-69197) to Bibs to Books Playhouse (Applicant) for a daycare/preschool business located at 2107 Highland Ct. The evidence below and enclosed outlines how the City’s administrative staff incorrectly issued a business license in violation of the terms of the BMC. Per BMC, a principal purpose of the City’s Code is to establish procedures (including for any permitted departures, deviations, or variances therefrom) for providing and preserving equitable implementation of the law to “prevent special treatment to particular parties ….” BMC § 38.250.010 (Purpose). The City recently determined that the subject home-based group daycare business is required to obtain a business license. The Applicant’s business license application and the City’s issued business license are enclosed for your review and reference. BMC § Sec. 38.200.100 (Permit issuance; conformity with regulations required) states that “No permit or license of any type will be issued unless the plans and application are in conformance with the regulations contained within this chapter ….” The following items were not completed on the Applicant’s submitted business licensing application, and are highlighted for your reference on the enclosed business license application (No. 21-69197): • Zoning District was left blank • A selection of Home-Based Location vs. Commercial Location box was not selected • Selection for Construction Changes, Electrical Changes, …etc. is not completed • The indication of No Charge was indicated and noted “per Kelley” This application was approved by the Planning Division on the same day it was submitted to the City, but does not conform to the City’s regulations that govern the issuance of and compliance for business licenses, and further does not comply with the standard conditions required for permitted home-based businesses, as set forth in BMC § 38.360.150. Do other businesses in the City get this sort of favoritism—to skip required selections, disregard applicable regulations, and thus bypass the City’s required procedural reviews and further consideration of the additional permits that they may trigger? To preserve public trust, this business license application should have been reviewed with a standard of conduct that maintains fairness and follows the same impartial and transparent procedural review that all other businesses in the City are required to comply by. The City defines a “home-based business” in BMC § Sec.38.700.090 as: “Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this chapter.” A for-profit home-based group daycare business that employs 2 people and cares for 12 children in a single-family residence meets this definition. The City has recognized that home-based businesses can have an impact on residential neighborhoods and dedicated an entire section in the BMC to regulate home-based business. The Code includes a Special Use Permit process that requires home-based businesses to apply for such a permit, with necessary conditions for any allowed special use, if it will have an impact that is greater in scope or more intrusive than the standard permitted home-based business. BMC § 38.360.150.C. The Appellant is asking that the City Commission reverse the City’s decision to issue Business License No. 21-69197 and require that the Applicant cease operating until it can obtain a business license that is compliant with the BMC’s applicable requirements, including the Applicant signing the City’s Home- Based Business Acknowledgement Form and issuance by the City of a Special Use Permit, as necessary, prior to being licensed as a home-based business. In sum, we are requesting that the City Commission require the Applicant’s license application be reviewed by the City in an equitable manner that is consistent with the City’s business licensing regulations, which all other non-exempt businesses are required to comply with. We are confident that the City Commission will recognize that its administrative staff’s decisions and actions related to the City’s issuance of the subject license created a clear violation of the City’s Code and by recognizing this fact, issue a ruling that requires that the Applicant become compliant with the BMC and obtain a properly issued home-based business license before it operates within the City. Per the BMC’s appeal procedures, please schedule a public hearing before the City Commission to hear and issue a final decision within 45 days of this appeal. Respectfully, Daniel Zyvoloski 2108 Highland Ct. Bozeman, MT 59715 cc: Jeff Mihelich, City Manager (USPS and email); Chuck Winn, Assistant City Manager (email); Martin Matsen, Director of Community Development (email); Greg Sullivan, City Attorney (email); Kelley Rischke, Assistant City Attorney (email); Lara Guercio, Appellant Attorney (email) Enclosures: Map Description of the Applicant Property, Business License Application No. 21-69197, Business License No. 21-069197, Bozeman Planning: Home-Based Business Acknowledgement Form Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community Business Owner: Bibs to Books Playhouse Property Owner: White Grass LLC THOMPSON ADD 3 AMND, S18, T02 S, R06 E, BLOCK 3, Lot 7, PLAT G-10 Date: 10/25/2021 2107 Highland Ct. 0 30 6015 Feet Bozeman, MT ZonedR-1 H ig h l a n d Ct. BOZEMANMTCity of BozemanSTIFF BUILDING20 East Olive Street, Bozeman, Montana 59715Account # ^.1 - (tf>^ fc)(406) 582-2260NAICS # (^^?L(^IDNEW BUSINESS Q CHANGE OF BUSINESS LOCATION (12.02.070) |~] TRANSFER OF OWNERSHIP (12.02.081["") RENEWAL C") BUSINESS NAME CHANGE |""| MEDICAL MARIJUANA Except Medlcal Marijuana)BUSINESS NAME \^~^'bS -\0 ^^OoVS. "Y\ CK^ h&V.^-^-^, L \ •'PHYSICAL BUSINESS ADDRESS S)\ (}r\ \^ \ CA^J Q AC\ COM r*~ •\ B^2Tj-YU n fr\ T S<? ?/ ^5MAILING ADDRESS So.\Trxf^ 0^. ^^>G>\1 ~cs-CITYSTZIPSTREET ^ 1^-l-CiT(^~ ^--ST^ — ZIPBUS. TELEPHONE s^\lsl^^S? ^ - "<?)r1 S> EMAILADDRESS \^Xx-^CT\-(\\<^7 \^S.IC\ .C(\\^C\ ZONING DISTRICTOWNERFULL LEGAL NAMEPRIMARY TELEPHONE v^(s>l<?-c;' ^ \~<:S~a^rl^_ SECONDARY PHONE.'^^c^/-\Go.ro< ^C^r^-V.YxC FY^UL^^ I..^r\^isCO- OWNER OR MAflAGERFULL LEGAL NAME.f^AGER ti ^->. x „ \ , _ "^>S>w^^^ \ ^ C_v\r ^ S A-i' i^v^ V-t Of\ 0^ S \^c^, \ e ^PRIMARY TELEPHONEMOL&-C?'2>V <-1 •2><-j ^-1 SECONDARY PHONE.^+us pfys'Qse'.ii!-\Q pfVI,"\^o^</ra^^ /-T^^-e S cJ<xooT|_) HOME^ASED LOCATION - $50.00 ^ OUT OF CITC LIMITS LOCATION - $50.00[""J COMMERCIAL LOCATION - $50.00 (Copy of Driver's License Required with Application)What is current use of property:following chsngss?Construction ChangesElectrical ChangesMechanical ChangesPlumbing ChangesNew or Relocated SignsIF COMMERCIALEmergency Contact:NOaaaDaYESaaaaaIF YES, YOU WILL NEEDD Building Permit|""I Electrical PermitO Mechanical Permitj~'j Plumbing Permit|"~| Sign PermitPhone:'PLEASE COMPLETEFire SuppressionSecurity AlarmMonitored By:NOYESaa# of Full Time Employees# of Part Time EmployeesEmail:3:Other Emergency Information:This application is made subject to the terms of the Bozeman Municipal Code. I understand the license issued hereunder is NOT TRANSFERABLEexcept as provided in Chapter 12.02 BMC, and that the inf^nation I have supplied is correct to the best of my knowledge.^m^^^<^aAOJC.->^..Lm|O^A /^^^...^_^^ Date _2&//^/G<>/-FOR OFFICE USE ONLYZoningMVROVB1 REJECTEDBuildingEngineeringFirePoltoePlanning ^JOccupancyConsfructton TypeDATECOMHEfTS:iojt<yu^/c.sft^- Make Checks Payable to: City ofBozeman - BOZEMANMTBUSINESS LICENSENO. 21-00069197$ 0.00GRANTED: October 13, 2021BEGINS: October 13, 2021EXPIRES: October 31, 2022THIS LICENSE is granted to:BIBS TO BOOKS PLAYHOUSE2107 HIGHLAND CTBOZEMAN MT 59715406-581-8375The necessary application has been submitted and approved. The requiredbusiness license fee has been paid. Therefore, this license is issued subject to allthe terms and conditions of the Business License Ordinance of the BozemanMunicipal Code Sec. 12.01.010.This license is NOT TRANSFERABLE.By signing this license the owner agrees to conform to all requirements.Signature.BUSINESS LICENSE OWNER^Bp.^^^•••;..••^;^7--••ys/•^°/*0•Vy^7.v^V<?;••..1883..••A^^..••••..0^^'co.DepartmentofCommunity Developmentbusinesslicenses@bozeman.net(406)-582-2260 Home-Base Business Acknowledgement Form City of Bozeman, Montana Finance Office PO Box 1230 Bozeman, MT 59715 406.582.2327 To the Community Development Director: I, the undersigned applicant for a Home-Based Business, do hereby certify that I have read and understand the requirements and conditions of Chapter 38.360.140 of the City of Bozeman Zoning Ordinance and agree to abide by all said requirements which regulate and limit the types and intensity of home-based businesses. ________________________________________________________ _________________________ Applicant Date ________________________________________________________ _________________________ Applicant Signature Date Business Name BOZEMANCommunity DevelopmentMTOctober 13, 2021BIBS TO BOOKS PLAYHOUSE2107 HIGHLAND CTBOZEMANMT 59715Dear Business Owner or Manager:Please find enclosed your Bozeman City Business License.Please sign this document immediately. By law it must be posted in apublic place.Thank you for complying with Bozeman Municipal Code 12.02.130.If you have any questions please feel free to call [406} 582-2260.Regards,Department of Community Development® 20 East Olive Street ] ®P.O.Box 1230Bozeman, MT 59771-1230(P) 406-582-2260 ; © 406-582-2263 I www.bozeman.netTDD: 406-582-2301THE MOST LIVABLE PLACE. BOZEMANCity Attorney's OfficeMTGreg Sullivan, City AttorneyBekki McLean, Chief ProsecutorTim Cooper, Assistant City AttorneyJennifer Guittari, Assistant City AttorneyKelley Rischke, Assistant City AttorneyAnna Saverud, Assistant City AttorneyKyla Murray, ProsecutorEdward Hirsch, ProsecutorSamantha Niesen, ProsecutorNovember 19,2021Daniel Zyvoloski2108 Highland CtBozeman,MT59715SENT VIA: First Class Mail and Email to dan@kroenkeranches.comDear Mr. Zyvoloski,I received your letter appealing business license number 21-69197 issued to Bibs to BooksPlayhouse on October 13, 2021. I write to provide some additional information, correct someinaccuracies in your letter, and to inform you that a hearing, pursuant to Bozeman MunicipalCode 12.02.190, will be held on this matter before the Bozeman City Commission on December14, 20211. City Commission meetings begin at 6:00. The meeting will be held via WebEx. TheCity Clerk will make arrangements with you closer to the date of the hearing to ensure you havethe ability to give a presentation before the City Commission through WebEx. The appealprocedure will be as follows: City staff presentation- 10 minutes, followed by questions fromthe Commission; Appellant presentation -10 minutes, followed by questions from theCommission; public comment; Commission discussion and vote.First, your letter points out ministerial errors in Bibs to Books Playhouse's application for abusiness license, including failure to include the zoning district and to check some boxes on theapplication. It is not uncommon for applicants to inadvertently omit information on applicationsor uncommon for the City to work with applicants to obtain the omitted information. The Citycontacted the applicant and corrected the deficiencies you identified regarding applicant's failureto check boxes related to construction, electrical, mechanical, or plumbing changes and signs.As you know from our previous correspondence, the zoning district is R-l.Second, you complain that applicant failed to select home-based location, commercial location,or out of city limits location on her application. You incorrectly assume that Bibs to BooksPlayhouse is a home-based business as defined and regulated in the Bozeman Municipal Code.The City carefully examined requirements in code for home-based businesses and determinedthat group and family daycare businesses are sufficiently different from the types of businessesthat regulations for home-based businesses are meant to address. Therefore, the City determinedthat daycare businesses should have a separate and unique category of business license. The Citywrote an administrative rule to create the new category of business licenses for day carebusinesses, pursuant to its authority in section 12.02.050.A.1, BMC. I have enclosed a copy of1 A voicemail from you to Mike Maas, City Clerk, on November 15,2021 asserts that the appeal must be heldwithin 45 days. No such requirement is found in Chapter 12 of the Bozeman Municipal Code.121 NORTH ROUSE AVENUEP.O. BOX 1230BOZEMAN, MT 59771-1230@ 406-582-2309 (F) 406-582-2302WWW.BOZEMAN.NET•DD: 406-582-2301THE MOST LIVABLE PLACE M T Greg Sullivan, City AttorneyBekki McLean, Chief ProsecutorCity Attorney's Office Tim Cooper, Assistant City AttorneyKelley Rischke, Assistant City AttorneyAnna Saverud, Assistant City AttorneyKyla Murray, ProsecutorEdward Hirsch, ProsecutorSamantha Niesen, Prosecutorthe administrative rule for your convenience. The City is in the process of updating its businesslicense application form, which is why the applicant was instructed to leave blank thecheckboxes for home-based, commercial, or out of City limits location.In light of your assertion that favoritism is at issue here, please note the administrative rulewaives business license application fees for all day care businesses. The City also waivesbusiness license application fees for other types of businesses, such as plumbers and electricians.Business license fees must be based upon the cost of administering the business license program.Because the City determined that inspections should generally not be required for day carebusinesses due to the significant regulatory requirements imposed by the Montana Department ofPublic Health and Human Services, the cost to administer this category of business licenses isnominal. Therefore, the City determined that fees for day care businesses license applicationsshould be waived and included such a provision in the administrative rule.In an attempt to-address your concerns, the City extensively reviewed and carefully Graftedregulations that responded to your assertion that your neighbor must obtain a business license,while instituting reasonable regulations for all day care businesses. The regulatory parametersare reasonable, particularly in light of the shortage of day care providers and the negative impactthis shortage has on our local economy. Contrary to your assertion that the City showedfavoritism to this licensee, the City crafted regulations applicable to all day care providersequally.Throughout the course of your correspondence with the City, Bibs to Books Playhouse has beenin compliance with state regulatory requirements for day care operations governed by theDepartment of Health and Human Services. The business also complies with City zoningregulations, which allow this type of day care operation in all residential zoning districts. Thisbusiness is also currently compliant with the business licensing requirements of the BozemanMunicipal Code.After thorough consideration of your argument that day care businesses should be required tohave a business license, the City ultimately agreed. The business licensewas properly issuedand the City has determined that Bibs to Books Playhouse is not violating the BozemanMunicipal Code. We will be prepared to present the same during the appeal hearing before theCity Commission on December 14, 2021.Sincerely,^^-//&^^Kelley RischkeAssistant City Attorney121 NORTH ROUSE AVENUEP.O. BOX 1230BOZEMAN, MT 59771-1230406-582-2309406-582-2302WWW.BOZEMAN.NET•DD: 406-582-2301THE MOST LIVABLE PLACE BOZEMANCity Attorney's OfficeMTGreg Sullivan, City AttorneyBekki McLean, Chief ProsecutorTim Copper, Assistant City AttorneyJennifer Guittari, Assistant City AttorneyKelley Rischke, Assistant City AttorneyAnna Saverud, Assistant City AttorneyKyla Murray, ProsecutorEdward Hirsch, ProsecutorSamantha Niesen, Prosecutorec: Lara Guerico, attorney for Mr. Zyvoloski (via email to Lara Guerciolguercio@crowleyfleck.com and 1st class mail);JeffMihelich, City Manager;Chuck Winn, Assistant City Manager;Greg Sullivan, City Attorney;Marty Matsen, Director of Community Developmentenc.121 NORTH ROUSE AVENUEP.O. BOX 1230BOZEMAN, MT 59771-1230P) 406-582-2309406-582-2302WWW.BOZEMAN.NET-DD: 406-582-2301THE MOST LIVABLE PLACE BOZEMANCommunity DevelopmentMTAdministrative Rule 2021-01Chapter 12 BMC - Business LicensingRational & IntentMontana law favors allowing family and group day care homes in residential zoningdistricts and such uses are expressly considered a residential use of property. See Mont.Code Ann. § 76-2-412. City of Bozeman [City) zoning codes also provide that group andfamily day care businesses are a principal use in all residential zoning districts.38.310.030.A,BMC.The City generally requires a business license to conduct any business within City limits,unless it is exempt from licensure requirements pursuant to section 12.02.040, BMC, or thebusiness is regulated by the State of Montana.The State of Montana regulates day care providers. Day care centers are required to obtaina license from the Montana Department of Public Health and Human Services [DPHHS) tooperate while group day care and family day care operators are required to register withDPHHS. Licensed or registered day care providers are inspected annually by DPHHS toensure compliance with rules promulgated by DPHHS containing requirements that protectthe public health, welfare, and safety. DPHHS regulations address many items City officialswould inspect as part of the business license application.There is a shortage of day care providers in Bozeman. The provision of day care services,especially to the work force, is essential to the health ofBozeman's economy and thegeneral welfare of the community. Therefore, the City does not wish to impose additionalexpense or overly burdensome regulations on day care providers.Historically, the City has not required day care businesses of any type to obtain a Citybusiness license to operate within City limits even though a for profit day care meets thedefinition of a business in the BMC. Day care businesses are not among those businessesexpressly exempt from obtaining a business license in the BMC. Acknowledging the generalrequirement to obtain a business license, while recognizing the existing requirements instate regulation of day cares and the need for day care services in the City, I determine it isnecessary to require day care businesses to obtain a business permit, but to waiveapplication fees and inspection requirements for new licensees, unless the programadministrator believes inspection^) by City officials are reasonably necessary for codeenforcement purposes.(A) 20 East Olive Street \ @P.O. Box 1230Bozeman, MT 59771-1230(P) 406-582-2260 | © 406-582-2263 j www.bozeman.netTRD- 406-589-9301THF MOST IIVARI F Pl AFF Page 2 of 2*fDefinitions"Day care center," "Day care home, group," and "Day care home, family" are all definedterms in section 38.700.050, BMC.For the purpose of business licensing, a "business" is defined in section 12.01.010.A.1, BMC.RulesPursuant to rulemaking authority in 12.02.050.A.1 of the Bozeman Municipal Code (BMC),the Director of Community Development hereby promulgates Administrative Rule 2021-01regarding business licensing of day care businesses within the City of Bozeman.1. A business license is required to conduct a "day care center," "day care home, group," or"day care home, family" business within the City.2. The day care business must submit a business license application and provide the Citywith a copy of its current and valid license or registration with DPHHS, or other proof oflicensure or registration with DPHHS satisfactory to the City.3. Fees associated with applying for a business license, as required by section12.02.060.A.4, BMC, are waived for all types of day care businesses.4. Inspections by City officials for new license applicants are waived unless the programadministrator believes inspection^] are reasonably necessary for code enforcementpurposes or to comply with DPHHS licensure or registration requirements.This Administrative Rule is hereby adopted and made effective by the CommunityDevelopment Director, October 13, 2021.^^^latsenCommunity Development Director 1 December 2, 2021 City of Bozeman City Commissioners c/o City Clerk, Mike Mass 121 N. Rouse, Suite 201 Bozeman, MT 59715 RE: Supplement to Administrative Appeal of Business License No. 21-69197 for a Home-Based Daycare Dear City Commissioners: Thank you for providing a hearing date and the opportunity for public review and consideration of this appeal on December 14, 2021. We look forward to presenting our case as to why the subject home- based for-profit daycare business should be properly licensed as a Home-Based Business by the City, in accordance with existing and applicable provisions of the BMC. This letter supplements our administrative appeal filed on October 27, 2021 and responds to the November 19, 2021 letter by the City Attorney’s Office (the “Nov. 19th City Letter”) regarding the City’s position on its issuance of the subject business license, enclosed for your reference. For background and context, I would first like to outline earlier correspondence with the City (enclosed for reference), including specific actions and formal decisions made by the City over the past several months regarding the issuance of a business license to the subject home-based daycare business, which relocated within the City’s limits to a location across from my family residence earlier this year. -On August 31, 2021, my attorney submitted a letter to the City of Bozeman’s Community Development Director indicating that this home-based daycare is violating the Bozeman Municipal Code (“BMC” or “Code”), as it had not applied for or obtained a City Business License, as required under the existing plain terms of the BMC’s business licensing provisions. -On September 21, 2021, after indicating that they were waiting for direction from the City Attorney’s Office, we received a formal letter from the Community Development Director stating “the City does not require any licensure of day care businesses beyond what is required by state law.” -On September 30, 2021, my attorney submitted a letter informing the City that we were planning to appeal the Community Development Director’s decision to the City Commission that the home-based daycare does not need to obtain a Business License. -On October 6, 2021, we filed a formal appeal per BMC § 12.02.190 with the City Clerk to go before the City Commission to challenge and appeal the decision by the City that a home-based daycare with two employees and 12 children does not need to obtain a Business License. At the time of our filing of this appeal, all Business License applicants were required to file their Business License Application for the City’s review, approval and license issuance as a Home-Based, Commercial or Out of City Limits Business. -On October 15, 2021, we received a letter from the Assistant City Attorney indicating that the daycare applied for and received a City Business License and that our “complaint has been resolved and the appeal is moot; therefore, no hearing date before the City Commission will be set.” The only enclosure to the City’s October 15th letter was a copy of the Business License issued by the City to the daycare on 2 October 13th, along with the City’s transmittal letter of this license to the business owner. The City’s rationale or justification for issuing the license was not provided as part of the October 15th letter. -Based on our review of the daycare’s Business License Application, which we requested and received from the Community Development Department, this application was incomplete, as it lacked required identification as to whether it was operating as “Home-Based”, “Commercial” or “Out of City Limits”. This designation is important, as it triggers applicable existing requirements, procedural review and potentially additional permits required under the BMC. Other deficiencies of this Business License Application and the City’s improper same-day issuance of a Business License to the daycare are further detailed in my October 27th appeal letter, which is the subject of the currently pending appeal scheduled for review by the Commission on December 14, 2021. -As later indicated in the Nov. 19th City Letter sent in response to my October 27th appeal letter, the City engaged with the Home-Based Business and instructed the subject business to leave the Home- Based Business checkbox blank, as the City was working on a new application and enacting a new rule specific to home-based daycares (Administrative Rule 2021-01), which first became effective the same day this business submitted and received approval of its Business License Application. Notably, even though we had a filed appeal pending, and this rule became effective on October 13, 2021. The City Attorney’s Office did not provide us with a copy of this new rule until November 19th, and only after the second appeal was filed on October 27th. Administrative Rule 2021-01 exceeds the City’s scope of authority per BMC § 12.02.050.A.1 (Administrative Duties) for creating “reasonable rules and regulations necessary to the operation and enforcement of this chapter [the BMC’s business licensing provisions].” This new rule goes far beyond the City’s limited authority to create administrative or ministerial rules and regulations required for the City to operate and enforce of the Code’s existing business license provisions, since the rule substantially changes the existing scope of the BMC’s Home-Based Business (“HBB”) provisions. By its definition in the Code (as excerpted below), a “group daycare home” falls squarely within the existing definition of HBB. As such, under the plain meaning of the BMC’s existing terms, the scope of the HBB provisions is already defined to include group daycare homes. There is no ambiguity or room for the City’s administrative interpretation that is necessary or required for its operation or enforcement of the City’s duly enacted business licensing chapter. Administrative Rule 2021-01 represents a substantial change to the Code and requires a formal amendment to the BMC, which cannot simply be made administratively by the City. The creation of this administrative rule behind closed doors creates a precedent that all City departments can create new rules and regulations that the community doesn’t even knows exists, as they are not subject to standard public notice, review and comment requirements or review and approval by the City Commission prior to the City’s internal enactment of an administrative rule. As defined in the BMC, “group daycare home” falls within the clear and plain meaning of “home-based business” as these two terms are already defined in the BMC. Specifically, “Day care home, group” is defined in BMC § 38.700.050 as a “private residence in which supplemental care is provided ….” As such, by its existing definition, a group day care home is primarily residential and home-based. There is no exception for a group day care home from the BMC’s definition of “home-based business” outlined in 3 BMC § Sec.38.700.0901 —so these home-based daycares must be reviewed under the Code’s existing provisions and standards applicable to all Home-Based Businesses. BMC § 12.02.050.A.1, which per the Nov. 19th City Letter provides the alleged basis for the City’s recent—but under the plain terms and scope of the existing applicable BMC provisions, unauthorized— enactment of Administrative Rule 2021-01, and further provides, “All rules are subject to commission review and modification.” We request the Commission invalidate this unauthorized administrative rule and invalidate the subject business license, which the City improperly issued based on this rule. We thank the City for concluding that this home-based daycare does require a Business License. We are currently in the process of obtaining information via the City’s public request process to obtain other Business Licenses that were issued to home-based daycares, including a home-based daycare operating in the Harvest Creek Subdivision with a Business License (but against HOA covenants) as recently as this year. However, we remain perplexed as to why the City was debating and needlessly expended City resources on this issue in the first place, especially after the Community Development Director stated that “the City does not require any licensure of day care businesses beyond what is required by state law” in his September 21, 2021 letter. Further, contrary to the factually incorrect statement in the its Rational & Intent for Administrative Rule 2021-01 that, “Historically, the City has not required day care businesses of any type to obtain a City business license to operate within City limits ….”—we note that the subject home-based daycare, Bibs to Books Playhouse, historically held a Business License issued by the City between 2001 and renewed it until 2005 (Business License # 56722) when it let this prior license lapse, as indicated by the City’s own publicly available records. The subject daycare then conducted business within City limits, but without a license, in violation of the BMC for 15+ years. The Administrative Rule 2021-01 also incorrectly states in its Rational & Intent that the City’s standard for determining whether a business located in City limits is exempted from local licensing requirements includes whether “the business is regulated by the State of Montana.” We will not fully restate our legal position here, which was previously outlined in detail in our earlier October 6th appeal letter. In short, the definition for “business” in BMC § 12.01.010 requires businesses to obtain a local Business License, unless specifically “exempted by state law or this chapter.” Our October 6th appeal letter identifies examples for medical marijuana businesses, plumbers, electricians, which the State of Montana also regulates along with daycares, but for whom the City requires local licensing. We further note that this earlier appeal was quickly dismissed as “moot” in the October 15th letter from the City Attorney’s Office, due to the City’s issuance on October 13th of a license to the subject daycare. As such, our first appeal filed on October 6th and requested hearing by the City Commission was conveniently sidelined. Additionally, we must point out that the statement in the Nov. 19th City Letter that, “Throughout the course of your correspondence with the City, Bibs to Books Playhouse has been in compliance with state regulatory requirements for daycare operations ….”, is factually incorrect and misleading. Focusing only on the Department of Health and Human Services’ (“DPHHS”) inspection and renewal reports filed and publicly available from DPHHS after the daycare relocated from its prior location within the City’s limits 1 As quoted in my October 27th appeal letter, the City defines a “home-based business” as, “Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this chapter.” A for-profit, home-based group daycare business that employs 2 people and cares for 12 children (and publicly stated they plan to increase their capacity to 15) in a single-family private residence clearly meets this definition. 4 to 2107 Highland Court in the spring of 2021, we note significant deficiencies identified in DPHHS’s inspection reports . They include fire safety, building code, and caregiver health immunization issues., Further, we note that while our first formal complaint to the City regarding the subject daycare’s lack of a required business license was filed on August 31, 2021, we initiated informal, written correspondence with the City’s Code Enforcement Officer and Community Development Director regarding this matter on July 21, 2021. As such, the above noted DPHHS compliance issues arose during our correspondence with the City, which has extended over the past several months. We recognize that the City has an interest to support daycares, but as previously stated in our earlier correspondence, no new daycare opportunities were created by Bibs to Books Playhouse. This existing business simply moved locations, within the City limits, to opportunistically to take advantage of a favorable leasing arrangement provided by an absentee and out-of-state homeowner. If Bibs to Books Playhouse had remained properly licensed with the City after 2005, the City would have been notified of this fact, per BMC § 12.02.070 – Change of location. Based on the City’s actions and conduct to influence official decisions while appeals are pending before the City Commission, including those outlined above, a Code of Ethics complaint alleging improper government actions, as well as violations of the Standards of Conduct and Conflict of Interest requirements in the City and State Codes of Ethics laws will be filed. The formal complaint will be filed with the City Clerk, for review by the City’s Board of Ethics for a formal opinion. As the City Attorney’s Office is involved with the subject complaint, it will be recommended that the Board retain independent counsel or refer this case to the Commissioner of Politic Practices, as set forth in the State’s Code of Ethics. City officials, including the Commission, and City employees are all subject to the same ethics’ laws. At the December 14th hearing, the City Commission will also have an opportunity to recognize our appeal and remedy what will be presented to the Board of Ethics as alleged improper actions and conduct by the City. Respectfully, Daniel Zyvoloski 2108 Highland Ct. Bozeman, MT 59715 cc: Jeff Mihelich, City Manager (USPS and email); Chuck Winn, Assistant City Manager (email); Martin Matsen, Director of Community Development (email); Greg Sullivan, City Attorney (email); Kelley Rischke, Assistant City Attorney (email); Lara Guercio, Appellant Attorney (email) Enclosures: 8.31.21 – Complaint Letter to City Community Development Director (Business License Violation) 9.21.21 – Letter to Ms. Guercio from City (re: City Decision to not require business license for daycare) 9.30.21 – Reply Letter to City Community Development Director (re: Intent to Appeal re: Business License Decision) 10.6.21 – Letter to City Commissioners (c/o City Clerk) (Appeal of City Decision re: License) (with enclosures) 10.15.21 – Letter to Ms. Guercio from City Attorney’s Office (enclosing Business License issued to daycare) 11.19.21 – Letter to Mr. Zyvoloski from City Attorney’s Office (enclosing Administrative Rule 2021-01 BOZEMANMTCity of BozemanSTIFF BUILDING20 East Olive Street, Bozeman, Montana 59715Account # ^.1 - (tf>^ fc)(406) 582-2260NAICS # (^^?L(^IDNEW BUSINESS Q CHANGE OF BUSINESS LOCATION (12.02.070) |~] TRANSFER OF OWNERSHIP (12.02.081["") RENEWAL C") BUSINESS NAME CHANGE |""| MEDICAL MARIJUANA Except Medlcal Marijuana)BUSINESS NAME \^~^'bS -\0 ^^OoVS. "Y\ CK^ h&V.^-^-^, L \ •'PHYSICAL BUSINESS ADDRESS S)\ (}r\ \^ \ CA^J Q AC\ COM r*~ •\ B^2Tj-YU n fr\ T S<? ?/ ^5MAILING ADDRESS So.\Trxf^ 0^. ^^>G>\1 ~cs-CITYSTZIPSTREET ^ 1^-l-CiT(^~ ^--ST^ — ZIPBUS. TELEPHONE s^\lsl^^S? ^ - "<?)r1 S> EMAILADDRESS \^Xx-^CT\-(\\<^7 \^S.IC\ .C(\\^C\ ZONING DISTRICTOWNERFULL LEGAL NAMEPRIMARY TELEPHONE v^(s>l<?-c;' ^ \~<:S~a^rl^_ SECONDARY PHONE.'^^c^/-\Go.ro< ^C^r^-V.YxC FY^UL^^ I..^r\^isCO- OWNER OR MAflAGERFULL LEGAL NAME.f^AGER ti ^->. x „ \ , _ "^>S>w^^^ \ ^ C_v\r ^ S A-i' i^v^ V-t Of\ 0^ S \^c^, \ e ^PRIMARY TELEPHONEMOL&-C?'2>V <-1 •2><-j ^-1 SECONDARY PHONE.^+us pfys'Qse'.ii!-\Q pfVI,"\^o^</ra^^ /-T^^-e S cJ<xooT|_) HOME^ASED LOCATION - $50.00 ^ OUT OF CITC LIMITS LOCATION - $50.00[""J COMMERCIAL LOCATION - $50.00 (Copy of Driver's License Required with Application)What is current use of property:following chsngss?Construction ChangesElectrical ChangesMechanical ChangesPlumbing ChangesNew or Relocated SignsIF COMMERCIALEmergency Contact:NOaaaDaYESaaaaaIF YES, YOU WILL NEEDD Building Permit|""I Electrical PermitO Mechanical Permitj~'j Plumbing Permit|"~| Sign PermitPhone:'PLEASE COMPLETEFire SuppressionSecurity AlarmMonitored By:NOYESaa# of Full Time Employees# of Part Time EmployeesEmail:3:Other Emergency Information:This application is made subject to the terms of the Bozeman Municipal Code. I understand the license issued hereunder is NOT TRANSFERABLEexcept as provided in Chapter 12.02 BMC, and that the inf^nation I have supplied is correct to the best of my knowledge.^m^^^<^aAOJC.->^..Lm|O^A /^^^...^_^^ Date _2&//^/G<>/-FOR OFFICE USE ONLYZoningMVROVB1 REJECTEDBuildingEngineeringFirePoltoePlanning ^JOccupancyConsfructton TypeDATECOMHEfTS:iojt<yu^/c.sft^- Make Checks Payable to: City ofBozeman - BOZEMANCommunity DevelopmentMTAdministrative Rule 2021-01Chapter 12 BMC - Business LicensingRational & IntentMontana law favors allowing family and group day care homes in residential zoningdistricts and such uses are expressly considered a residential use of property. See Mont.Code Ann. § 76-2-412. City of Bozeman [City) zoning codes also provide that group andfamily day care businesses are a principal use in all residential zoning districts.38.310.030.A,BMC.The City generally requires a business license to conduct any business within City limits,unless it is exempt from licensure requirements pursuant to section 12.02.040, BMC, or thebusiness is regulated by the State of Montana.The State of Montana regulates day care providers. Day care centers are required to obtaina license from the Montana Department of Public Health and Human Services [DPHHS) tooperate while group day care and family day care operators are required to register withDPHHS. Licensed or registered day care providers are inspected annually by DPHHS toensure compliance with rules promulgated by DPHHS containing requirements that protectthe public health, welfare, and safety. DPHHS regulations address many items City officialswould inspect as part of the business license application.There is a shortage of day care providers in Bozeman. The provision of day care services,especially to the work force, is essential to the health ofBozeman's economy and thegeneral welfare of the community. Therefore, the City does not wish to impose additionalexpense or overly burdensome regulations on day care providers.Historically, the City has not required day care businesses of any type to obtain a Citybusiness license to operate within City limits even though a for profit day care meets thedefinition of a business in the BMC. Day care businesses are not among those businessesexpressly exempt from obtaining a business license in the BMC. Acknowledging the generalrequirement to obtain a business license, while recognizing the existing requirements instate regulation of day cares and the need for day care services in the City, I determine it isnecessary to require day care businesses to obtain a business permit, but to waiveapplication fees and inspection requirements for new licensees, unless the programadministrator believes inspection^) by City officials are reasonably necessary for codeenforcement purposes.(A) 20 East Olive Street \ @P.O. Box 1230Bozeman, MT 59771-1230(P) 406-582-2260 | © 406-582-2263 j www.bozeman.netTRD- 406-589-9301THF MOST IIVARI F Pl AFF Page 2 of 2*fDefinitions"Day care center," "Day care home, group," and "Day care home, family" are all definedterms in section 38.700.050, BMC.For the purpose of business licensing, a "business" is defined in section 12.01.010.A.1, BMC.RulesPursuant to rulemaking authority in 12.02.050.A.1 of the Bozeman Municipal Code (BMC),the Director of Community Development hereby promulgates Administrative Rule 2021-01regarding business licensing of day care businesses within the City of Bozeman.1. A business license is required to conduct a "day care center," "day care home, group," or"day care home, family" business within the City.2. The day care business must submit a business license application and provide the Citywith a copy of its current and valid license or registration with DPHHS, or other proof oflicensure or registration with DPHHS satisfactory to the City.3. Fees associated with applying for a business license, as required by section12.02.060.A.4, BMC, are waived for all types of day care businesses.4. Inspections by City officials for new license applicants are waived unless the programadministrator believes inspection^] are reasonably necessary for code enforcementpurposes or to comply with DPHHS licensure or registration requirements.This Administrative Rule is hereby adopted and made effective by the CommunityDevelopment Director, October 13, 2021.^^^latsenCommunity Development Director From: Daniel Zyvoloski Sent: Wednesday, November 17, 2021 9:42 AM To: Lara Guercio Subject: FW: Records Request Received This message was received from an external email account. Please use cau on when opening messages, a achments or external links from unknown senders. From: webadmin@bozeman.net <webadmin@bozeman.net> Sent: Wednesday, November 17, 2021 9:37 AM To: danzyvo@hotmail.com Subject: Records Request Received A new entry to a form/survey has been submi ed. Form Name:Records Request Date & Time:11/17/2021 9:37 AM Response #:711 Submi er ID:45938 IP address:2600:6c67:5000:64c5:6ceb:251d:a823:9ecc Time to complete:3 min. , 2 sec. Survey Details Page 1 Records Request Form We would be happy to help you with a records request related to city administra on or city governance. NOTICE: No new document will be created to respond to an informa on request. See Sect. 2-6- 1006(4), MCA. Applicable informa on may be made available for requester to compile his/her own data subject to law, including the legal restric ons regarding crea on of mailing lists from public records. See See Sect. 2-6-1017, MCA. This form is NOT intended for reques ng informa on regarding court cases, marriage licenses, divorce records, birth or death records, police records, etc. DO NOT USE THIS FORM. Please see informa on above on how to request these records. First Name Daniel Last Name Zyvoloski Organiza on/Company Not answered Street Address 2108 Highland Ct. Mailing Address Not answered City Bozeman State Montana ZIP Code 59715 Email Address Danzyvo@hotmail.com Phone Number (406) 570-2716 Records Requested Bozeman City Clerk, Under the Montana Public Records Act, pursuant to Ar cle II, sec on 9, of the Montana Cons tu on, and 2-6-1003, MCA, I am reques ng informa on that relates to the City of Bozeman staff’s ac ons and procedures related to Bibs to Books Playhouse located at 2017 Highland Ct. Please provide all informa on, including any internal and external e-mail communica on, phone logs and le er correspondence, from the City of Bozeman staff as it relates to Bibs to Books Playhouse (Operated by Barbara Limpus PV# 76409). Specifically, I am looking for the following informa on: • All communica ons between the City of Bozeman staff and Bibs to Books Playhouse or its representa ves regarding its Business Licensing applica ons and procedures • Communica on from the City A orney’s Office to the City Clerk’s Office regarding or related to the scheduling of filed appeals to the City Commission related to Bibs to Books Playhouse • Communica on from the City A orney’s Office to the Community Development Division regarding or related to changes the Business License Applica on on or a er Sept. 1, 2021 If there are any fees for searching, redac ng, or copying these records, please inform me if the cost will exceed $1,000. This informa on is not being sought for commercial purposes. If access to the informa on I am reques ng will take longer than 30 days, please contact me with informa on about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemp on you feel jus fies the refusal to release the informa on and no fy me of the appeal procedures available to me under the law. Thank you in advance for processing my public informa on request. Sincerely, Daniel Zyvoloski By submi ng this request, I hereby make applica on for inspec on and/or copying of the following public records of the City of Bozeman, Montana and acknowledge that I have read and agree to Resolu on No. 4446, and approve and agree to pay the fees associated with this request. (○) Agree I prefer to receive my request through: (○) Email From: Dan Zyvoloski Sent: Friday, November 19, 2021 9:44 AM To: Lara Guercio Subject: Fwd: Records Request Received second request This message was received from an external email account. Please use cau on when opening messages, a achments or external links from unknown senders. Sent from my iPhone Begin forwarded message: From: webadmin@bozeman.net Date: November 18, 2021 at 12:41:04 PM MST To: danzyvo@hotmail.com Subject: Records Request Received A new entry to a form/survey has been submi ed. Form Name:Records Request Date & Time:11/18/2021 12:40 PM Response #:714 Submi er ID:46006 IP address:69.144.249.146 Time to complete:1 min. , 29 sec. Survey Details Page 1 Records Request Form We would be happy to help you with a records request related to city administra on or city governance. NOTICE: No new document will be created to respond to an informa on request. See Sect. 2-6-1006(4), MCA. Applicable informa on may be made available for requester to compile his/her own data subject to law, including the legal restric ons regarding crea on of mailing lists from public records. See See Sect. 2-6-1017, MCA. This form is NOT intended for reques ng informa on regarding court cases, marriage licenses, divorce records, birth or death records, police records, etc. DO NOT USE THIS FORM. Please see informa on above on how to request these records. First Name Daniel Last Name Zyvoloski Organiza on/Company Not answered Street Address 2108 Highland Ct. Mailing Address Not answered City Bozeman State Montana ZIP Code 59715 Email Address Danzyvo@hotmail.com Phone Number (406) 570-2716 Records Requested Bozeman City Clerk, Under the Montana Public Records Act, pursuant to Ar cle II, sec on 9, of the Montana Cons tu on, and 2-6-1003, MCA, I am reques ng informa on that relates to the City of Bozeman’s Community Development Division and certain Business Licenses and Business License Applica on forms. Please provide the following informa on. • Business License Applica on, Business License, renewal paperwork and any internal communica on related to Bibs to Books Playhouse Business License # 56722 between 2001 and 2005 • Please provide a date (month/day/year) when the newly revised Business License Applica on (Revision October) was made available for public use • Please provide a copy of the City of Bozeman’s inspec on reports that took place at Bibs to Books Playhouse on November 12, 2021, located at 2107 Highland Ct, and any internal e-mail communica on or paperwork that prompted that an inspec on take place. • Please provide a copy of Bibs to Books Playhouses Business License Applica on that was submi ed on the newly revised Business License Applica on form. If there are any fees for searching, redac ng, or copying these records, please inform me if the cost will exceed $500. This informa on is not being sought for commercial purposes. If access to the informa on I am reques ng will take longer than 30 days, please contact me with informa on about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemp on you feel jus fies the refusal to release the informa on and no fy me of the appeal procedures available to me under the law. Thank you in advance for processing my public informa on request. Sincerely, Daniel Zyvoloski By submi ng this request, I hereby make applica on for inspec on and/or copying of the following public records of the City of Bozeman, Montana and acknowledge that I Bozeman City Clerk, Under the Montana Public Records Act, pursuant to Article II, section 9, of the Montana Constitution, and 2-6-1003, MCA, I am requesting information that relates to the City of Bozeman’s Community Development Division and certain Business Licenses and Business License Application forms. Please provide the following information. • Business License Application and Business License issued by the Bozeman Community Development Office to a Home-Based Daycare that was in operation in 2021 and Located on Hunters Way in the Harvest Creek Subdivision. • The daycare was operated by a Bozeman City Employee and was in conflict with the Homeowners Association whose president was then City Commissioner Michael Wallner. • Please also provide any e-mail and written communication between the Community Development Department and the Homeowners Association. If there are any fees for searching, redacting, or copying these records, please inform me if the cost will exceed $500. This information is not being sought for commercial purposes. If access to the information I am requesting will take longer than 30 days, please contact me with information about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law. Thank you in advance for processing my public information request. Sincerely, Daniel Zyvoloski