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Further Discussion: Mr. McLafferty declared this is not his occupation. Commissioner Holland <br />also stated his disagreement that this is a home occupation. Commissioner Thorud commented that <br />if Mr. McLafferty didn't have the kids, he would not receive the money. Commissioner Deemer <br />rephrased that if Mr. McLafferty didn't receive any money, he wouldn't have the kids. Mr. <br />McLafferty stated that if he didn't receive any money he wouldn't be able to feed them. <br /> <br />Amendment failed. Voting Yes: Chairperson Deemer and Commissioner Thorud. Voting No: <br />Commissioners Holland, Jensen, LaDue, and Terry. Absent: Chairperson Bawden. <br /> <br />Motion carded. Voting Yes: Commissioners Holland, Jensen, LaDue, and Terry. Voting No: <br />Chairperson Deemer and Commissioner Thorud. Absent: Chairperson Bawden. <br /> <br />The Planning Commission proceeded to review the terms of the CUP. <br /> <br />Staff was directed to correct the typographical error on ga,, removing the word "be." <br /> <br />Ms. Frolik, referring to the City Attorney, inquired whether #2 would hold up in Court. <br /> <br />Attorney Fitzpatrick was of the opinion that a termination relating to death or relocation of the <br />Permittee is appropriate because the license is granted specifically to the individual, not the <br />operating facility. The whole thing is contingent upon whether he maintains his license with the <br />State or County. <br /> <br />Commissioner LaDue inquired whether the applicant could maintain a license for the facility if he <br />moved out. <br /> <br />Mr. McLafferty responded "No." <br /> <br />Motion by Chairperson Deemer and seconded by Commissioner Thorud to amend//3 to read "The <br />facility shall serve no more than six (6) foster children." <br /> <br />Motion failed. Voting Yes: Chairperson Deemer and Commissioner Thorud. Voting No: <br />Commissioners Holland, Jensen, LaDue, and Terry. Absent: Chairperson Bawden. <br /> <br />Commissioner Holland recalled discussion concerning adding an additional condition addressing <br />treatment of sex offenders. <br /> <br />Attorney Fitzpatrick suggested the term read "The primary purpose of the facility will not be for <br />treatment of juvenile criminal sex offenders." <br /> <br />Mr. McLafferty objected to his home being referred to as a facility. <br /> <br />Attorney Fitzpatrick advised that the State Statute refers to "residential facility." <br /> <br />Referring to a letter sent by State Attorney General Skip Humphrey to the City Attorney during the <br />court proceedings, Mr. McLafferty says it firmly states his home is not a facility. <br /> <br />Motion by Commissioner LaDue and seconded by Commissioner Holland to add a term to read <br />"The primary purpose of the facility will not be for treatment of juvenile criminal sex offenders." <br /> <br />Motion carded. Voting Yes: Chairperson Deemer, Commissioners LaDue, Holland, Jensen, <br />Terry, and Thorud. Voting No: None. Absent: Chairperson Bawden. <br /> <br />ADJOURNMENT <br /> <br />Motion by Commissioner Holland and seconded by Commissioner Terry to adjourn the public <br />hearing. <br /> <br />Public Hearing/Planning Commission/May 7, 1996 <br /> Page 10 of 11 <br /> <br /> <br />