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156 <br />COUNCIL MEETING JULY 9, 1990 <br />play equipment is located very close to the property line and <br />explained that Mr. Gage has refused to move the equipment to <br />a safer location. Mr. Crofz also expressed concern because <br />he felt the children may come onto his property when <br />equipment is there and be injured. He explained that there <br />will be increased traffic in the area as it builds and also <br />noted that there appeared to be no supervision of the <br />children. No attempt has been made to secure the Gage <br />property for the protection of the children. <br />Mary Conroy, 351 Thomas Street said she was totally against <br />the expansion of the day care facility. She said she felt <br />the Gage's did not take care of the children and they were <br />noisy. The reason she had moved to this area was for the <br />peace and quiet. <br />Mr. Crofz referred to the play house in the pictures. He <br />noted that his abstract clearly states that no other types of <br />out buildings can be constructed on the property and asked <br />the Council to have the building removed. He also noted that <br />the building was very close to the property line. <br />Connie Grundhofer said she thought that by state law a day <br />care facility is limited to ten (10) children. Mr. Miller <br />explained that the limit is twelve (12) children. <br />Mr. Miller explained that state law would allow the Council <br />to impose some restriction such as fences. Mr. Burke <br />explained that if the out building meets set back <br />requirements, the Council would be unable to require the <br />building to be removed. The abstract conditions are not <br />within the Council jurisdiction. Landowners would have to <br />bring private action against the Gages to have the building <br />removed. <br />Mayor Bisel noted that most of the regulations on day care <br />facilities are state mandated. The City does not have a lot <br />of latitude in the matter. Mr. Miller explained why the <br />State of Minnesota controls the regulation of day care <br />facilities. <br />Jim Gage, 359 Thomas Street explained why the request was <br />made to enlarge the day care facility. He noted that his <br />wife has a degree in early childhood development and both he <br />and his wife work full time with this day care. He noted <br />that his new neighbor is unhappy because a swing set was on <br />his property. Mr. Gage said he has been using this area for <br />thirteen (13) years and thought it was his property. He said <br />he would °Tence the yard if the Council so desired. He <br />explained that the children are trained to stay in the front <br />yard and he makes them sit down when parents arrive to pick <br />them up. Mr. Gage noted that the playhouse was purchased for <br />$100.00 from a resident of Sherwood Green and moved to his <br />yard. He also noted that one of his neighbors repairs cars <br />PAGE 8 <br />1 <br />