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Councilmember McGovern said it looked as if the other similar businesses referred to work the 15-hour week 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. Councilmember McGovern voiced concerns relating to the business having no outside or playgrounds for children, suggested the City review this in the future and believed fingerprinting and background checks was extremely important for all employees. She said she viewed the Craig's List flyer for a freestyle contest posted after Mr. Pfund was to cease operations, questioned a handgun being on site. Ms. Decker said Mr. Pfund acknowledged the handgun was real and a part of the martial art study. Councilmember McGovern voiced concerns about long-term reliability such as the possibility of future things being constructed without permits, the need for a handgun on site, flyers on the Internet and the operator not ceasing operations when told to do so. Councilmember Sullivan questioned the letter from the State granting the waiver and asked for staff's comments. City Attorney Roush said in order to get the waiver, certain requirements must be met; the activity must be less than 12 weeks in length. Based on Mr. Pfund's presentation, he has gotten around the issue by having continual contracts of 12 weeks' duration which seems contrary to what the intent of the regulation is, of not having something going on for more than 12 weeks. Staff is having difficulty reconciling the actual operation with the definition and this is where the problem lies. Councilmember Sullivan questioned current operations and said the staff report talks about a drop in program where kids are not required to sign in and out. He voiced concerns about kids coming and going in an industrial park; however, now Mr. Pfund is proposing and agreeing to have them signed in and out. He questioned if this was the actual practice or was it to satisfy the requirement. Ms. Decker said it is staff's believe Mr. Pfund is responding to the Planning Commission's determination and denial based on his correspondence dated April 29th clarifying his operations City Council Minutes 8 May 6, 2008