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glad the Commission was considering this matter but expressed concern that the City is <br />opening itself to liability beyond what the State is requiring. He referred to the Catch 22 <br />situation, recalling that his applicant came to the City and was told he needed to apply <br />for a license, was told by the State that he was exempt, obtained letters from the State <br />to that effect, and when he was again told that he had to obtain the license, the State <br />moved at a much slower pace than it would have in the normal approval process. <br />With respect to the sign-in/sign-out provision, Mr. Balch suggested ensuring that an <br />adult sign the children in and out. He referred to the “E” building occupancy which <br />generally worked well, but also involves additional aspects of operations. He voiced <br />concern that the City use the same definitions as the State because he could see <br />tutoring used in a variety of ways. He also expressed concern about exempting <br />everything on the School District’s property. <br />Brad Hirst stated that he hoped the Commission does not create more problems than it <br />would create solutions regarding the matter. He echoed some points raised regarding <br />hours and gymnastics as well as training and athletic camps, stating that his grandson <br />spent 17-30 hours a week in a training camp, and encouraged the Commission to <br />include the athletic programs. <br />Mr. Hirst stated that he felt issues at heart are only being partially addressed, such as <br />the moral character of the applicant, and whether or not the applicant exceeds the <br />services for which they say they are going to provide. He stated that as a property <br />owner, he was offended that the School District is allowed to lease out facilities and not <br />have the policy apply to them, whereas others must go through the process. <br />Mr. Hirst stated that an issue not included in the staff report but affects applicants is that <br />when they are given the amount of information needed to apply for a facility, they get <br />scared and often walk away. He also pointed out that there could be language <br />difficulties for applicants for cultural programs. He added that potential applicants have <br />been told that there is a moratorium and staff is not processing applications, so they end <br />up in another community or not operating at all. He stated that various constituents <br />profit from these facilities: the applicant and the property owner, the parents get <br />services they want for their children, the students learn, and the City received taxes. <br />Mr. Hirst stated that he supports 10 hours a week and noted that tutoring schools <br />exceed 10 hours a week. He added that regulations should be applicable to anyone <br />under the age of 18. He referred to Exhibit A and recommended that uses be defined <br />by the Zoning Administrator rather than by the City Manager due to political <br />ramifications. Finally, with respect to State licensing, he cited situations where people <br />apply for licenses and the State indicates one is not needed; however, the City requires <br />it and refers to a different definition, but the State indicates it cannot issue such a <br />license. He recommended instructing staff to accept applications where appropriate <br />and process them now so that the policy can be refined and ultimately approved. <br />THE PUBLIC HEARING WAS CLOSED. <br />PLANNING COMMISSION MINUTES, July 8, 2009 Page 7 of 15 <br /> <br />