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l Jeff Nibert said his son earned his Black Belt under Mr. Pfund's training, said he never experienced any problems through interactions, and said at the end of the Commission meeting there was only one stated objection by staff which was not about the type of use, sudden weekend shutdowns, or parking. He believed Mr. Pfund has always been sensitive to suggestions and desires of the City, asked the Council to approve the conditional use permit, questioned whether there was an abrogation of trust of public places and government in denying the use and hoped for fair and full consideration of the matter. John Pfund acknowledged the City's desire not to have students be able to come and go freely, the need for them being signed out, and to be able to provide care and supervision. He discussed the education requirements for operating a daycare facility, said he has been working with Barbara Bobincheck over the last three months to find a solution that meets both the State and City requirements, and she has approved his operation as a private recreation program. By having this designation, he is able to meet all requirements and assured the Council he would abide by regulations. Regarding his criminal background check, Mr. Pfund said he has also applied to Trust Line, which does a fingerprint check, he is willing to stipulate that not only the results come back to the Council but also check them for all of his employees which takes about 60 days. He discussed accusations which could be found on the Internet from 2004 where he was accused of molesting students at the Dublin site, he discussed allegations at length which eventually were proven to be false, and further discussed his 30 years of experience. Mayor Hosterman closed the public hearing. Councilmember McGovern said it looked as if the other similar businesses referred to work the 15- hourweek but do not have the prolonged day. She questioned the number of hours the children would actually be at the center. Ms. Decker said children ages 5-12 would potentially be on site from 11:30 a.m. to 6:15 p. m., and parents would pick them up. Staff had questions as to whether a child could be there all day and whether there is the potential for children to be there at night also taking classes even after 6:15 p.m. Councilmember McGovern referred to a special summer camp and a time when school is out of session when parents still need the care. She confirmed with Ms. Decker that parents would drop off children at 9:00 a.m. and pick them up at 6:15 p.m., voiced concern with the length of time children are at the site, and questioned if Mr. Pfund was picking up children younger than 5 years old, as some in Kindergarten could be age 4. Ms. Decker said the application indicates age 5 and up, but acknowledged kindergarteners could be age 4. Councilmember McGovern said she never heard of a private recreation program and asked if there was such a thing. Ms. Decker said there is according to the State's Program Manager, Ms. Bobincheck. However, this was the first indication of such a program and staff continues to believe it is still defined as a childcare facility. Councilmember McGovern questioned and confirmed with Ms. Decker that the City does have the ability to ask for stronger requirements than the State-imposed regulations, voiced concern over the business located in an industrial park, and confirmed with Ms. Decker that the Planning Commission and Council have struggled in determining whether childcare facilities should be allowed in industrial zones. City Council Minutes, May 6, 2008