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children and added that seven parents out of the ten families had spoken before the Commission. He emphasized that none of the parents had described any activities that would occur in a normal daycare facility, such as the children have been sitting around coloring or playing with toys. He indicated that what the Commission had heard from parents is that he has been teaching real values and noted that he taught the same values to his students that he was taught by his own martial arts professors. He recalled that the parents stated that their children had learned confidence, self-respect, discipline, and integrity, and have come out of their shells, had become more interactive with other children, and achieved better grades. He noted that those attributes are not gained in a daycare program. Mr. Pfund indicated that he cannot be teaching a daycare program when he is not, and the parents say it is not a daycare program. He requested that an additional ten children be allowed to enter into the program and learn martial arts. He indicated that this is America, and a lot of people in America have dreams, but most do not follow them and go into arun-of--the-mill like. But he follows his dreams and has wanted to do this since he was ten years old. He noted that he had studied martial arts for over 30 years, and that he would continue to do so for the rest of his life. He would like to continue his instruction activities in his current location. He noted that he did not provide care and supervision to the children; nor did the swim centers, gymnastics centers, or dance studios. He believed the City policy was to create a waiver, which he already had. He would be happy to sign a condition stating that he would retain the waiver and would have the parents escort their children out of the facility. He noted that it had nothing to do with care and supervision. He noted that he would be happy to work with the City in order to make the business work. THE PUBLIC HEARING WAS CLOSED. Commissioner Fox indicated that she had a question for the City Attorney and noted that with respect to the exemption from licensure within the Evaluator Manual, the manual read, "Once at the facility, children are not assigned specific activities or placed in a structured program" and "Children participating in the drop-in recreational program are not there to receive structured care and supervision." She added that it further said "children may arrive or depart from the facility on their own." She noted that the staff report discussed the schedule and that after the children's arrival, there was 30 minutes for lunch, martial arts from 1:00 p.in. to 2:00 p.m., followed by a half-hour break. Following the break, there was leadership, agility, and balance training from 2:30 p.m. to 3:30 p.m., then martial arts games and activities from 5:00 p.m. to 5:30 p.m.; and quiet activities from 5:30 p.m. to 6:15 p.m. until pickup. She noted that the applicant's website talked about "structured games and activities." Based upon the Licensing Manual and the applicant's description of his business, Commissioner Fox inquired whether or not the children were in a structured program. Mr. Roush replied that as indicated in the staff report, staff had not agreed with the State's determination that the Academy would fall within the exemption. Staff indicated the rules for the protection of children as well as the schedule and activities set forth for the children would remove the use from the exemption. Commissioner Fox noted that the testimony indicated that the waiver allowed children to come and go as they pleased, although it was not the parents' or applicant's experience that in reality, it would happen. She inquired whether that would invalidate the waiver. Mr. Roush did not EXCERPTS: PLANNING COMMISSION MINUTES, February 13, 2008 Page 14 of 19