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DRAFT <br />Chair Blank asked Mr. Pfund if he has completed the three semester units. Mr. Pfund <br />replied that he has completed all the requirements except the three ECE units, which <br />the State allows to be completed within one year from the date of application. <br />In response to Chair Blank's inquiry if the the only thing pending is the background <br />check portion, Mr. Pfund confirmed that was the case. <br />Commissioner Fox stated that she thought the background check was supposed to be <br />completed in August and that the project was not going to come before the Commission <br />until it was completed. Mr. Dolan stated that he did not recall a conversation where staff <br />committed to wait until the background check was completed. He noted that staff knew <br />Mr. Pfund had applied for the background check and assumed it would be granted; he <br />did not recall committing to wait on it as it appeared to be a routine process. <br />Commission Fox referred to timing and asked if Mr. Dolan was aware that Mr. Pfund <br />would come to the Commission and would ask to reconsider him as a private recreation <br />facility. Mr. Dolan replied that he was not aware Mr. Pfund would specifically do this. <br />He stated that staff met with Mr. Pfund last week and discussed the potential additional <br />requirements relating to the occupancy, which Mr. Pfund indicated he had some <br />significant concerns regarding his ability to do this. He added that since that time, there <br />have been conversations with the Building and Safety Division about how to address <br />this specific issue and there has been the possibility that the solution is not necessarily <br />that expensive. Mr. Dolan stated that from his interpretation of Mr. Pfund's comments <br />tonight, Mr. Pfund appears to be concerned about time. <br />Commissioner Narum noted that she found it interesting that the project packet makes <br />no mention of the background check. Mr. Dolan stated that there is a condition that <br />states that City approval is contingent on Mr. Pfund getting a daycare license. He noted <br />that there would be no issue if Mr. Pfund does not get his childcare license because he <br />does not have a completed background check clearing him to be licensed. <br />Commissioner Narum noted that if the Commission were to approve this, it sets in <br />motion steps dealing with the occupancy and getting the business permit, which is <br />conditional on getting the daycare license; therefore, there are checks and balances to <br />get all the necessary steps, including the background check. She added that this would <br />allow Mr. Pfund time to determine what it would take to satisfy the E-Class occupancy. <br />Mr. Dolan confirmed Commissioner Narum's observation and stated that as soon as Mr. <br />Pfund was able to address the building issue and has a license in hand, the City <br />approval would take effect. <br />Commissioner Olson stated that it strikes him that there is a time issue here and it does <br />not go unnoticed that part of reason for the time issue is the fact that this application has <br />been dragged out for months. He noted that he did not think this was totally the <br />applicant's fault. He suggested that the Commission take the same approach as that of <br />the State and grant a conditional, partial approval, pending the background check; and if <br />~.~~. ~ ~n~.~rcr i o. rvlrvrvmti I:UMMI5510N MINUTES, 11/12/2008 Page 7 of 25 <br />