Resident requests equal enforcement of ordinance


Bryan Kemper addressed “perceived” inconsistency of two city laws

By Melanie Yingst - myingst@troydailynews.com



TROY — Troy City Council fielded concerns from a resident about fairness in its own law regarding sidewalk and street markings at its regular meeting on Monday.

Bryan Kemper, a resident on Crawford Street, complained about “perceived hypocrisy” about the city’s stance on markings on the city streets and sidewalks.

Kemper, the leader of Stand True Pro-life Outreach, has done message chalking on Troy’s streets, which was banned in 2013. Kemper later used a clear coat deck sealant to have pro-life images appear on sidewalks and streets when wet. Council amended its ordinance to ban any and all markings unless it was related to the Troy Strawberry Festival. Kemper said he saw markings on the city streets promoting a recent movie event in August.

Kemper said the Troy Strawberry Festival’s strawberries on the Public Square and surrounding streets were a danger to the cyclists who participated at the Sept. 18 Tour de Donut since the paint can be slippery when wet. The ordinance was passed on the grounds the super hydrophobic coatings (deck sealant which creates a non-slip surface) was dangerous.

Kemper then went on to address council about the law, which prohibits him from riding his long-board in the city streets. A long-board is a longer version of a skate board. According to a public records search, Kemper was cited for “toy vehicles on the streets” in May 2016. Court records state Kemper was technically guilty of a city ordinance violation, but fines and court costs were suspended. Kemper said he believes council should review the legislation to make it more clear of what wheeled vehicles are allowed on the city streets and sidewalks. Kemper claims strollers and wagons would be prohibited under the current law.

 “We’d be glad to look at it and what it says …,” said President Marty Baker before Kemper interrupted her.

Kemper reiterated his point and asked council to review the law.

“If we want to push alternative transportation, people who follow the law on long-boards, roller blades and skateboards, should have a right to ride just like a bicyclist and enjoy those privileges,” Kemper said.

Anna Rossiter, a resident of Monroe Street, addressed council on if her neighborhood could begin a fundraiser to add playground equipment to the McKaig/Race Street park. Rossiter said she received an email from Jeremy Drake, park superintendent, who explained the park was dedicated green space without playground equipment. Rossiter shared how her neighborhood was wanting to help raise money for the playground equipment. Drake suggested they could use area parks and their equipment. Rossiter said she and other familes are unable to access the playground at Heywood School during school hours. She also said with the Troy Community Park’s distance, along with the nearby Troy Kettering Hospital construction site, that park was not going to be an option much longer in her opinion.

Rossiter was referred to the board of park commissioners to take her idea to at its next meeting. The next board of park commissioners meeting is at 11 a.m. Tuesday, Oct. 3 at City Hall, according to the city’s calendar.

Lester Conard thanked city staff for checking streets where he was concerned about flooding in the area of Gloucester in Westbrook.

Troy City Council approved a loan assignment request for the downtown Dye Building during its regular meeting at 7 p.m. Monday at City Hall.

The loan will transfer the 2007 CDBG loan from Medallion Investments, LLC to Steve Smith and Melanie Elsass-Smith. The 2007 loan was for the purchase and renovation of the Dye Building. The outstanding principal balance is $296,096.32. The Smiths would assume the loan with some modification of the conditions to lengthen the repayment terms. At the time of the closing, the city would be paid all late penalties due by the Smiths, and no city funds would be lost with the assignment of the loan. As part of the agreement, a new renovation phase of two years for a third story occupancy has been requested. Another amendment of the loan agreement requests monthly interest-only payments during the two years of renovation. The 30-year loan repayment plus interest would resume following the two-year renovation phase.

Medallion Investments defaulted on the loan in June 2016. The Smiths are in the process of purchasing the building. They are the owners of The Caroline restaurant.

The following resolutions were approved:

R-39-2017 Public Defender Agreement for 2018, $20,341

R-40-2017 Accept Tax Levies for both Troy School District and Miami East School District

R-41-2017, R-42-2017, R-43-2017 Wilson Annexation of 33.3712 acres on Washington Road

R-44-2017 Report of Assessment Equalization Board related to sidewalk estimated assessment for the North Market Street Improvement Project, Phase II

The following ordinance will be considered:

O-24-2017 Rezoning of 93 Robinhood Lane from R-4 Single Family Residential District to Office Residential District – Public hearing on Oct. 2.

Bryan Kemper addressed “perceived” inconsistency of two city laws

By Melanie Yingst

myingst@troydailynews.com