Delaware City Council Regular Meeting - August 25, 2025

The Delaware City Council met at 7:00 p.m. on Monday, August 25, 2025, in Council Chambers. After an invocation by Pastor Danny Boodoo of Delaware Christian Church and the Pledge of Allegiance, Mayor Riggle and Councilwoman Frazier were excused on a 5-0 vote; Councilmembers Griffith, Haynes, Hoffman, Rider, and Vice Mayor Shafer were present. The agenda covered consent items, a TREX liquor-permit application, four public hearings and second readings, the second reading of the Capital Improvement Program, resolutions on a New Community Authority and tax incentives, and financial and traffic reports. The meeting adjourned at 8:15 p.m.

Consent Calendar

• Approved the City Council motion summary from August 11, 2025, on a 5-0 vote.
• Took up the consent agenda, which included the Finance Committee motion summaries from August 5 and 13, 2025; Resolution No. 25-63 appointing members to a New Community Authority and specifying terms; Resolution No. 25-64 authorizing the City Manager to apply for FFY2025 Certified Local Government Grant funds through the Ohio History Connection to update the Downtown Historic District Architectural Standards; and scheduling September 8, 2025, at 7:10 p.m. for the public hearing and second reading of Ordinance No. 25-49, the Kroger Community Reinvestment Area Agreement for approximately 120,000 square feet at 1650 Sunbury Road.
• The transcript's roll call for the consent agenda records Councilwoman Griffith's response as 'No' while the other four members voted 'Yes'; no separate vote tally was announced before the meeting moved to the next item.

Public Comments & Testimony

• In the general comment period, Roger Smith, president of the Riverby Estates Homeowners Association, said the HOA is not interested in fighting development but wants to partner with local governments and the developer to consider realistic and positive alternatives regarding Kingsbury Farms as it relates to Riverby Estates.
• On Ordinance No. 25-47, Connie Shear, 1155 Village Drive, said residents are not trying to stop development but asked that Riverby Lane be limited to emergency access because the street has no sidewalks, has cars parked on both sides, has about 75 existing homes, and would be joined by roughly 225 new units and about 450 cars. She also questioned whether tree-preservation markings matched prior assurances about saving trees.
• Kathy Hobby, 1346 Berlin Station Road, whose property has sat next to the right-of-way for 40 years, asked for copies of the plans and for contact information for the right-of-way manager. She said there are other considerations besides people, including the deer and wildlife on the property.
• Paul Elder, 699 Riverby Lane, said the narrow road is not ready for a large development and asked that earlier access alternatives be revisited; he said residents do not want the road made unsafe for children. He also described the history of the end parcel, saying it was originally intended for only about 18 additional houses.
• Darren Huff, 500 Churchview Court, supported the proposed multi-use path and safe bicycle access connecting neighborhoods to the city, and said he does not want to ride a bike on Pollock Road.
• At the RiverbyBerlin hearing, the clerk noted emails from Roger Smith and from a 'concerned Riverby resident' had been received.
• No public comments were offered on the Ohio Wesleyan University rezoning, the T&R Glenn Parkway rezoning, or the Graeter's development plan.

Discussion Items

• TREX application - Espirito, LLC: Police Chief Adam Moore presented a TREX application for three liquor permits, D1, D2, and D3, at 1003 U.S. 23 North, describing it as a reuse of a vacant restaurant site. He said the background check found no statutory reason for Council to object. Economic development staff confirmed the project was expected to create 25 jobs, with $20,000 in unemployment tax, $75,000 in sales tax, and $25,000 in state withholding tax. Council approved the application without objection on a 5-0 roll call.
• Ordinance No. 25-46 - Ohio Wesleyan University rezoning: Planning staff presented a request to rezone approximately 109 acres of Ohio Wesleyan University property, including central campus and Perkins Observatory, from various zoning districts to MX-PUD. Permitted uses would include educational, cultural, daycare, indoor/outdoor entertainment, and parking uses; conditional uses would include hotel and solar field. The PUD would use existing conditions as the development plan and create modification thresholds: buildings up to 10,000 square feet for staff approval, 10,000-40,000 square feet for Planning Commission review, and larger projects for Planning Commission and Council review. Staff recommended approval but requested a third reading to finalize a condition involving the vacation of Hayes Street and paper alleys. OWU Facilities Director Darren Lehman said the process had been smooth. No public comments were made. Council continued the ordinance to a third reading.
• Ordinance No. 25-47 - RiverbyBerlin, LLC rezoning: Staff presented a request to rezone 83.418 acres between Pollock Road and Berlin Station Road from Agricultural to R-PUD. The proposal allows one- and two-family residential and recreational uses, with a maximum density of four dwelling units per acre, access via an extension of Riverby Lane and Berlin Station Road, an emergency access near New Start Church, required buffers of 25 to 30 feet, and an 11-foot multi-use path along the abandoned railroad right-of-way. A traffic impact study is underway and must be finalized before platting. The developer said conditions were agreed and a resident meeting was being scheduled. Public comments were heard as listed above. Staff clarified that tree-preservation requirements apply to buffers, identified preservation zones, and stream corridors, and that off-site roadway improvements would be addressed during development plan review. Council discussion also covered traffic, road jurisdiction, wildlife corridors, waterway preservation, and the Pollock Road/Route 23 intersection. The ordinance was continued to a third reading.
• Ordinance No. 25-48 - T&R Glenn Parkway LLC rezoning: Staff presented a request to rezone 84.312 acres from Agricultural to R-PUD, divided into four sub-areas with decreasing intensity to the north. Proposed uses include one-family residential in all sub-areas and potential three-/four-family dwellings in the southern sub-area. Maximum net density would be five dwelling units per acre, with lots abutting Braumiller Estates at least 70 feet wide unless buffered. Access would include an extension of Silverbrook Lane, Glen Parkway, and Braumiller Road, with final access points left to the traffic study, county coordination, and the City Engineer. No public comments were made. Council asked about an amended access-point condition, and staff explained it had been revised with the applicant. The ordinance was continued to a third reading.
• Resolution No. 25-60 - Graeter's development plan: Staff presented KZF Design's development plan for a Graeter's restaurant and drive-thru on 1.234 acres at 541 Preakness Way within the Belmont Place Planned Mixed-Use Overlay. The proposed building is about 2,600 square feet, with a drive-thru, patio, 38 parking spaces, full access from Preakness Way, no direct access to Glen Parkway, cross access with an adjacent outlot, and brick/stone four-sided architecture. Staff recommended approval. No public comments were made. Council members expressed enthusiasm for the project, and the resolution was approved on a 5-0 roll call.
• Resolution No. 25-59 - 2026-2030 Capital Improvement Program: The second reading was held, but no vote was taken; discussion indicated the ordinance would return for third and fourth readings on September 8 and September 22, after the Finance Committee meeting.
• Ordinance No. 25-49 - Kroger Community Reinvestment Area Agreement: The item was called, but no consideration occurred because the public hearing and second reading had been scheduled for September 8, 2025, at 7:10 p.m.
• Resolution No. 25-61 - South New Community Authority millage reduction: Staff reported that the Authority is ahead of schedule on its debt; the resolution authorizes the City Manager to affirm reducing the millage to 4 mills for the next collection year, with further reductions expected before collections cease. Staff noted the millage started at 7.5 mills and was reduced to 4.5 in 2021. The resolution passed on a 5-0 roll call.
• Resolution No. 25-62 - Tax Incentive Review Council recommendations: Economic development staff reported that the Council reviewed active Community Reinvestment Area, Enterprise Zone, and Tax Increment Financing programs. Findings included 13 CRA agreements, with 7 fully compliant and 6 noncompliant but recommended for continuation; 12 TIF agreements fully compliant; and 31 residential CRAs recommended for continuation. The resolution passed on a 5-0 roll call.
• Finance Director's report: Rob Alger presented the July 2025 financial report, correcting the income-tax comparison to approximately 7.7 percent above the prior year rather than the 9 percent shown in written materials. He also said investment portfolio restructuring had eliminated all instruments below 3 percent interest and was expected to more than triple investment earnings over the next few years.
• City Manager's report: Paul Brake reported that Central Avenue between Lake Street and the railroad bridge will reach its 30-day closure point on September 3 but is not expected to reopen until about September 5. He also gave tentative notice that the State Route 521/3637 intersection would close from September 26 at 9 p.m. to September 29 at 6 a.m., with the highway remaining open and detours coordinated with ODOT and the county engineer's office.

Staff Introductions, Committee Reports, and Council Comments

• Staff introduced engineering and public works hires: Adia Kirkhart, Roadway Project Manager; Nancy Seger and Tyler Bicknell, Project Engineers; and Benjamin Muether, Right-of-Way Manager. Budget, Management & Procurement introduced Mike Day, Budget & Management Analyst, a former federal employee with more than 14 years at the U.S. Department of Transportation and the Office of Inspector General.
• Committee reports noted planning-related items on the agenda, a parking and safety committee meeting the following evening, a Finance Committee meeting Thursday at 3 p.m., and no current Historic Preservation Commission meeting.
• Councilmember Rider asked about detours for the State Route 521/3637 closure; staff said the regional detour would use an old state route in Kilbourne between 521 and 36, with local access maintained for businesses and Biltmore Drive/Bowtown Road.
• Councilwoman Griffith relayed a constituent's interest in a west-side dog park and promoted Main Street Delaware's Back to School Bash on September 5. Councilman Hoffman noted he recently became a grandparent for the first time.

Key Outcomes

• Approved the August 11 motion summary.
• Handled the consent agenda as reflected in the roll call, including scheduling the September 8 Kroger hearing.
• Approved the TREX application for Espirito, LLC by 5-0.
• Continued Ordinance No. 25-46 to a third reading.
• Continued Ordinance No. 25-47 to a third reading.
• Continued Ordinance No. 25-48 to a third reading.
• Approved Resolution No. 25-60, the Graeter's development plan, by 5-0.
• Deferred Resolution No. 25-59 to future readings on September 8 and September 22.
• Deferred Ordinance No. 25-49 to September 8 at 7:10 p.m.
• Approved Resolution No. 25-61 by 5-0.
• Approved Resolution No. 25-62 by 5-0.
• Adjourned at 8:15 p.m.