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supervision, which he officially provides. He said there are at least three other programs that were all recommended by staff for approval, unanimously approved by the Planning Commission, and they have the same letter he has exempting them from licensing. He said he is qualified to be a marital arts director, has passed an extensive criminal background check, he will require his employees to pass the same checks, and has never been convicted or committed a crime. His business now meets all requirements for a conditional use permit and he requested the Council approve his appeal. Mayor Hosterman questioned why Mr. Pfund does not believe his business is a daycare center, given the fact that he provides facilities with a multitude of activities in addition to martial arts from 11:30 a.m. to 6 p.m. Mr. Pfund said he has now been approved for the classification of a private recreation program, it is considered a childcare facility but exempt from licensing because it is private. Mayor Hosterman said when the Commission heard the matter, Mr. Pfund proposed he did not operate or was classified as a childcare program, but he posted a Craig's List ad and has now changed his position. She believed there were criminal and financial penalties if businesses purport they are not a daycare facility but operate as one, and she confirmed he was not licensed through the Department of Social Services. She confirmed with Mr. Pfund that he is First Aid and CPR-licensed and that he has had a criminal background check but questioned the source and believed that based upon his testimony, the facility mirrors a daycare facility. Mayor Hosterman opened the public hearing. Eric Pryor said he has known Mr. Pfund for many years, he has taken classes for three years from him, believes the program is fantastic for kids and adults in building self-esteem as well as the practice of martial arts. He was surprised to hear the issue of parking raised as there are always multiple open spaces and he hoped the Council would support the program. Councilmember Sullivan questioned the signature page from the Social Services letter and confirmed it was included in the packet of information provided by Mr. Pfund. Shaibal Dutta said when he and his wife were looking for traditional daycare, they found Mr. Pfund's programs which they believe provides more value to the student. He said the curriculum is centered around physical activities and martial arts, their son has attended the academy for 5- 6 months and has structured his school work around the values of the program, there are mentoring opportunities, and he and his wife have seen positive personality changes and confidence in their son as a result. They disagree there are safety issues, parking issues, and supported the use permit and re-opening of Mr. Pfund's business. Tim Nitert said he studied under Mr. Pfund for 10 years beginning at the age of 8, said the martial arts dojo is more than just a school but like a community in and of itself, and all students become an extended family. He said he was always very introverted and shy and over the years has gained confidence, and he believes this also extends to kids participating in the program. Shirley Evans said her son was a student, and that the program teaches integrity, life skills, prepares kids to be young adults, and the program is not one of being watched but one of character-building. Jack Balch, building owner, said he believes the major issue having attended the Planning Commission meeting was truly related to the daycare issue, and not being able to make Finding City Council Minutes 6 May 6, 2008