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• <br />• <br />PLANNING & ZONING BOARD MEETING <br />APRIL 13, 1994 <br />had been advised that the fence would work on their dogs. She <br />also indicated that they were willing to try it and if it is <br />not effective, replace it. <br />Tom Mesich stated that the effectiveness of an invisible fence <br />depends on the psyche of the dog, its tolerance for pain, and <br />its "want" to run. He felt it would be a bad precedent to say <br />that an invisible fence is a fence. A cyclone fence would be <br />more effective in this case. He added that the existing Dog <br />Ordinance is vague and that extensive work has been done on <br />revising the ordinance which has been presented to staff for <br />further review and adoption. <br />Ed Schones stated that dogs should be able to run on their own <br />property. He also had reservations regarding this request due <br />to the attack previously mentioned and was not familiar enough <br />with the effectiveness of the invisible fence. <br />Ms. Falkers neighbor was present and indicated that her <br />children play with the Kastner dogs and have had no problems <br />with them. She would support the proposed invisible fence. <br />After some discussion Al Robinson made a motion recommending <br />approval of the kennel license with the following conditions: <br />1. The Invisible Fence must be installed by June 1, 1994. <br />2. The Permit shall expire in 12 months and must then be <br />reviewed and renewed, if so recommended, by the City. <br />3. After receipt of complaints concerning the effectiveness of <br />the invisible fence the CSO Officer shall instruct the owners <br />to install a rigid fence within 20 days and the dogs shall be <br />immediately contained within a structure. <br />Tom Mesich seconded the motion. On roll call: <br />Ayes: Robinson, Gelbmann, Schaps, Nordine, Landers, <br />Mesich <br />Nays: Schones <br />Motion carried <br />B. 94 -9 -P & 94 -10 -Z, Subdivision and Rezoning from R to R -1X <br />for Randy Rehbein Property, 1585 Birch Street, PUBLIC HEARING <br />Planning Consultant Brixius reviewed this item which is a <br />request to divide 2.96 acres into 4 single family lots and <br />rezone the site from Rural to R -1X. Three of the proposed <br />lots would front on the new Sherman Lake Road and become a <br />part of the Pheasant Hills Preserve Development. The fourth <br />lot contains an existing dwelling and fronts on Birch Street. <br />Sewer and water services are available for the three lots on <br />Sherman Lake Road, but not the property on Birch Street. <br />Mr. Brixius reviewed the Judgement Criteria regarding the <br />