Council member questions service animal requirements


Dogs, with the exception of service animals, banned from public event

By Melanie Yingst - Miami Valley Today



TROY — Troy City Council at-large member and mayor-elect Robin Oda asked what the city can do regarding animals, especially dogs, being brought to downtown events.

City council approved an ordinance regarding events around the Tour De Donut cycling event and concert from 11 a.m. Aug. 23 through 5 p.m. Aug. 24. Part of the legislation bans dogs from being in the closed area of Public Square during the events.

“We just passed legislation that says no dogs at another event. We are all seeing dogs at events in Troy. What can we do if people bring dogs?” Oda asked.

City law director Grant Kerber said certain legislation can passed to keep residents and visitors from bringing dogs to events with the exception for service animals. Kerber said it is currently difficult for law enforcement to make a determination if a dog or other animal is a verifiable service animal.

“There are other communities that struggle with this. I know airlines have struggled with this as well. Unfortunately, the courts haven’t given, the law hasn’t developed well enough to give any certain guidance on how many questions you can ask or verification required that it is an authentic service animal,” Kerber said.

To date, Kerber said there isn’t a criteria such as a doctor’s note to prove if an animal is a service animal. If a person with an animal is at an event and the animal isn’t a service animal, they’ll be asked to leave and return the animal to its home.

Oda said she wished people realized that those who bring animals to events make it “very difficult” for those who have service animals.

Kerber said he continues to monitor the service animal issue.

In other council business:

Council approved two small business development loans.

Council approved the Four Sons Development request for a $250,000 loan for the development of 8 S. Market Street. The loan request was approved for recommendation by the Loan Review Committee on June 27.

Council approved the Chacres LLC request for a $125,000 small business development revolving loan for Haren’s Market’s new location at 2 E. Main Street. The city has granted three loans to Chacres LLC. According to the report, owner Connor Haren has purchased $200,000 in equipment and is halfway through planned renovations. According to the report, $175,000 request for the new loan is to fund the remaining construction balance of $300,000. The loan review committee approved the request to be presented to council.

The request required an increased appropriation of $341,810 within the small business development loan fund.

The loan terms include a 20-year repayment term, one-year interest only payments 4.5 percent interest and principal payments and collateral of a mortgage on the property and personal guarantees of the owners.

The following legislation was also approved:

An emergency resolution of the annual tax budget was approved. This request is an annual routine filing.

A resolution for utility oversizing/roadway improvement payments related to Halifax Villas PD was approved.

Developer Frank Harlow of the Halifax Villas planned development plans to install oversized water lines and sanitary sewer lines, which will eliminate the need for a pump station. The cost to the city for the water line oversizing is not to exceed $80,052.53; sanitary sewer line is not to exceed $151,459, and the installation of a traffic signal and improvement is not to exceed $165,000.

It was reported at the committee meeting that the oversizing requirement benefits the city and not the development and the city shall pay the difference in the excess costs of the minimum requirements. It was noted the elimination of the pump station is at a much lesser cost than if the city performed the project.

An ordinance for reappropriation from the general fund was also approved. The reappropriations include: $6,480 for the state highway fund for the purchase of additional aggregate material; $341,800 for Small business development revolving loan fund; $21,000 for the Cemetery endowment fund for costs associated with additional maintenance of facilities; $400,000 to the Hobart Arena Fund for costs associated with additional events for 2019 events; and $47,500 to the Miami Shores fund for chemicals, advertising and equipment.

Council also approved repealing ordinance No. O-14-2007, which is in regard to limits on TREX liquor permits. This is a request to bypass liquor permit restrictions for Kroger’s state liquor permit request.

An ordinance on an agreement regarding Tour De Donut event and notwithstanding provisions was approved.

An ordinance on an agreement with Troy Main Street, Inc. related to Donut Jam and notwithstanding provisions was approved. The ordinance is for the Tour De Donut events and use of public property and the sale of alcoholic beverages during the event. The event will be held Aug. 23-24. Participation is around 3,000 riders and will close down the downtown Public Square similar to the Strawberry Festival from 11 a.m. Aug. 23 through 5 p.m. Aug. 24. As part of the agreement, the city would be reimbursed for overtime costs and other expenses related the event. A downtown concert with alcohol sales will be held from 5 p.m. to 11 p.m. on Friday, Aug. 23 and events will be held 11:30 a.m. to 2 p.m. on Saturday, Aug 24. Troy Main Street will apply for an F2 liquor permit to provide alcohol beverages during the events. No entry fee for the events is requested, other than the ride and planned 5K participation fees.

Council also discussed an ordinance to rezone parcels D08-250732, D08-048760, D08-250299, and D08-250296 from R-2, Single family Residential District, R-5, Single-family Residential District, and M-2, Light Industrial District, to a Planned Development-Residential (PD-R).

The rezoning request is made by Troy Christian Schools to rezone 27.16 acres for its planned Arbogast Performing Arts Center on 700 S. Dorset Road.

A public hearing for the rezoning will be held July 15.

Dogs, with the exception of service animals, banned from public event

By Melanie Yingst

Miami Valley Today

Reach myingst@aimmediamidwest.com

©2019 Miami Valley Today, all rights reserved.

Reach myingst@aimmediamidwest.com

©2019 Miami Valley Today, all rights reserved.