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,• Councilmember Sullivan questioned and confirmed that the State's letter was based on a phone conversation. City Manager Fialho clarified also with the Council that two of the three findings could be made by the Planning Commission and Finding 2 could not be made. Vice Mayor Thorne believed the business model was interesting, it no doubt serves value to many people, but he did not believe it was such a complicated issue. He said the operator is picking up kids as young as 5 years old, transporting them to a central location where they remain either under instruction or activities, to him this is a lot like a childcare facility, he shares some of the same concerns expressed by fellow Councilmembers and would support upholding the Planning Commission's decision. Mayor Hosterman said it sounds like Mr. Pfund has a great program; he has been able to do marvelous things for many children and 10 speakers spoke in support of him and his operation. However it is about the Planning Commission's decision and the fact that the City has the latitude to determine what kind of use this is. In her mind, it is a childcare facility, and as such, for the protection of all families who may want to utilize his services, it would behoove Mr. Pfund to move through the State process, secure his State licensing, return and open up the business again and provide opportunity to families. Councilmember McGovern again voiced her opinion about having along-term childcare facility of any kind in an industrial zoning, suggested the City research more appropriate locations and a future policy for these types of businesses, hoped the Council supported the idea, and said if Mr. Pfund secures a childcare license, she confirmed he would then not have to do the 12 week program but operate year-round. Motion: It was m/s by McGovern/Sullivan to adopt Resolution No. 08-189 upholding the Planning Commissions decision to deny Conditional Use Permit No. PAP-119 (PCUP-200). Motion passed by the following vote: Ayes: Councilmembers McGovern, Sullivan, Thorne, Mayor Hosterman Noes: None Absent: Councilmember Cook-Kallio City Council Minutes, May 6, 2008