Regular Town Council Meeting 10/11/2022 06:00 PM

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

CONSENT AGENDA

All Consent Agenda items are considered routine, to be enacted by one motion with the adoption of the Consent Agenda,
and without discussion. If a Council Member requests discussion of an item, the item may be removed from the
Consent Agenda and considered separately. The Mayor will present the Consent Agenda
to be set prior to taking action on the following items:

• CN1Christopher “C.J.” Valenzuela, Housing Program Manager

  Motion to approve change to previously approved loan term related to the Town’s loan lien position for the affordable housing project known as Broadstone Walk.

• CN2Amanda Grogan, Director

  Motion to approve Budget Amendment 7 for repairs and replacement equipment at the Electric Operations Facility.

• CN3Shawn Purvis, Deputy Town Manager (as interim Finance Director)

  Motion to approve a budget amendment to allocate $1,850,000 from Affordable Housing Fund reserves for Affordable Housing Loans

• CN4Daniel Edwards, Senior Capital Projects Manager 

  Motion to award building construction contract to MLB Construction Services, LLC and authorization for the Town Manager to execute the contract on behalf of the Town and approve corresponding Budget Amendment 6 and Capital Project Ordinance Amendment 2023-1.

• CN5Russell Dalton, Traffic Engineering Manager 

  Motion to approve a Resolution Supporting Abandonment of a Portion of Walden Road (SR 1148, Wake County) by the North Carolina Department of Transportation.

• CN6Shelly Mayo, Planner II

  Motion to set the Public Hearing for the October 25, 2022 Town Council meeting regarding Rezoning Application #22CZ07 Chapel Ridge North PUD. The applicant, Matthew Carpenter for High Street District Development, Inc., seeks to rezone approximately 22.71 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 1200, 1204, 1205, 1209, 1213, 1220, 1225 Chapel Ridge Rd and 1512 Clark Farm Rd.

• CN7Lauren Staudenmaier, Planner II

  Motion to set Public Hearing for the October 25, 2022 Town Council meeting regarding Rezoning Application #22CZ09 Utley Farms PUD and Ordinance. The applicant, Thurm Bowen, KB Home, Inc. Carolinas Division, seeks to rezone approximately 56.59 acres from Wake County Residential-40 (R-40W) and Wake County Residential-80W (R-80W) to Planned Unit Development -Conditional Zoning (PUD-CZ). The proposed rezoning is located at 3720 Old US 1 Highway and 0 New Hill Olive Chapel Road.

• CN8Sarah Van Every, Senior Planner

  Motion to set Public Hearing for the October 25, 2022 Town Council meeting regarding Rezoning Application #22CZ13 2021 N Salem St PUD.  The applicant, Brendie Vega, WithersRavenel, seeks to rezone approximately 6 acres from Residential Agricultural (RA) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 2021 N Salem Street.

• CN9Lauren Staudenmaier, Planner II

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application #22CZ16 1039 Irongate Drive, Aaron Robertson, petitioner, for the property located at 1039 Irongate Drive (PIN 0741129183)

• CN10John Mullis, Public Works Director 

  Motion to approve a Street Tree Maintenance Agreement between the Town and Depot 499 Owners Association, Inc. (Association) to allow installation of street trees in the public rights of way and perpetual maintenance thereof by the Association and authorize the Town Manager to execute the same.

• CN11Allen Coleman, Town Clerk

  Motion to approve the Apex Tax Report dated September 12, 2022.

• CN12Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Apex Town Council pursuant to G.S. 160D-605(a) addressing action on the Unified Development Ordinance (UDO) Amendments of September 27, 2022.

PRESENTATIONS

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REGULAR MEETING AGENDA

Mayor Gilbert will call for additional Agenda items from Council or Staff and set the
Regular Meeting Agenda prior to Council actions.

PUBLIC FORUM

Public Forum allows the public an opportunity to address the Town Council.  The speaker is requested not to address items
that appear as Public Hearings scheduled on the Regular Agenda.  The Mayor will recognize those who would like to speak at the
appropriate time.  Large groups are asked to select a representative to speak for the entire group.
Comments must be limited to 3 minutes to allow others the opportunity to speak.

PUBLIC HEARINGS

• PH1Dianne Khin, Director

  Conduct a Public Hearing and Possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex Haddock Properties, Haddock Body Shop, containing 1.989 acres, Annexation No. 703 into the Town's corporate limits.

• PH2Jenna Shouse, Senior Long Range Planner

  Public hearing and possible motion to amend the Bicycle and Pedestrian System Plan map to change the proposed bicycle and pedestrian facility type along the west side of Richardson Road from proposed street-side greenway to proposed side path and to change the proposed bicycle and pedestrian facility type east of Richardson Road from a proposed public greenway to a proposed side path along a future street.

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Steve Adams, Utility Acquisition Specialist

  Possible motion to go into Closed Session pursuant to NCGS 143-318.11(a)(5) to discuss matters related to acquisition of real property.

• CS2Brian Meyer, Deputy Town Attorney

  Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(3) for the purpose of discussing the handling of the matter of ExperienceOne Homes, LLC v. Town of Apex.

• CS3Laurie Hohe

  Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(6) for a personnel matter.

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ADJOURNMENT