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applicant returns with the childcare license, the other E occupancy issues could be resolved. Mr. Dolan reminded the Council that all use permits must also be implemented within one year. Councilmember McGovern questioned how the Council ensures that in any option put forward, it is able to address the inadequacies of the building. Mr. Dolan confirmed with the Council that the outdoor play space would not be addressed because it would be approved as proposed. Councilmember Sullivan voiced concern with the number of hours children are actually at the facility. Mayor Hosterman questioned whether the appeal should be upheld and to deny the project altogether, while also ensuring that if Mr. Pfund finds another location that this project does not return to the Council until such time he has a day care license and a background check. City Attorney Roush said if the project is denied and the appeal is upheld, the applicant would need to obtain the license before the Council would look favorably upon the application. Mr. Dolan said, however, Mr. Pfund will be in a "catch 22" situation again because the State will not provide him with approval until the City provides approval. Councilmember Cook-Kallio suggested not seeing the proposal again until the background check is completed. City Attorney Roush suggested looking at the land use issue with respect to the matter. If the Council is satisfied that this is not an appropriate place to locate the facility, then it should deny it on that basis. If the applicant is able to find another location within the City that he feels is adequate, he can re-apply for that location and the Council can address it at that time. It would behoove him to get all approvals prior to returning to the Council, and would caution Council about conditioning him prior to applying. Councilmember Sullivan made a motion to uphold the appeal on the basis of the childcare license and concerns about land use, and Councilmember McGovern seconded the motion. Councilmember Cook-Kallio voiced concerns about inconsistencies with what was necessary for childcare licensing, with it being an E building, and what some perceive the Municipal Code to be. She has trouble with changing the nature of the resolution if staff is satisfied that the intent of the original resolution has been met, and then adding onto it. Councilmember Sullivan felt the Council was going back to its original resolution, stating that the only new information is the E occupancy issue which is not being put in the motion. Councilmember Thorne said he was struggling with this because he does not have a problem with the E occupancy and the facility itself. He would not support the motion until this issue could be solved. Councilmember Cook-Kallio supported option 2. Mayor Hosterman said she would support the motion, noting that she has had children in gymnastics in industrial areas which was not ideal but workable for a couple of hours at a time. She also expects Mr. Pfund's background check to be completed before ever re-appearing. Councilmember Cook-Kallio said the difference between options 1 and 2 is whether it returns to Council with the roll up doors and she was not willing to approve it without the background check. City Council Minutes Page 8 of 9 January 6, 2009