Regular Town Council Meeting 08/08/2023 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:

• CN1Allen Coleman, Town Clerk

  Motion to adopt a Resolution Directing the Town Clerk to Investigate Petition Received, to accept the Certificate of Sufficiency by the Town Clerk, and to adopt a Resolution Setting the Date of a Public Hearing for August 22, 2023, on the Question of Annexation - Apex Town Council's intent to annex 52.375 acres Yellowbridge Capital, Annexation No. 756 into the Town Corporate limits.

• CN2Allen Coleman, Town Clerk

  Motion to adopt a Resolution Directing the Town Clerk to Investigate Petition Received, to accept the Certificate of Sufficiency by the Town Clerk, and to adopt a Resolution Setting the Date of a Public Hearing for August 22, 2023, on the Question of Annexation - Apex Town Council's intent to annex 9.186 acres, Estates at White Oak, Annexation No. 758 into the Town Corporate limits.

• CN3Allen Coleman, Town Clerk

  Motion to adopt a Resolution Directing the Town Clerk to Investigate Petition Received, to accept the Certificate of Sufficiency by the Town Clerk, and to adopt a Resolution Setting the Date of a Public Hearing for August 22, 2023, on the Question of Annexation - Apex Town Council's intent to annex 2.747 acres, located at 5925 Farmpond Road, Satellite Annexation No. 759 into the Town Corporate limits.

• CN4Allen Coleman, Town Clerk

  Motion to adopt a Resolution Directing the Town Clerk to Investigate Petition Received, to accept the Certificate of Sufficiency by the Town Clerk, and to adopt a Resolution Setting the Date of a Public Hearing for August 22, 2023, on the Question of Annexation - Apex Town Council's intent to annex 3.806 acres, located at 2633 Whistling Quail Run, Annexation No. 760 into the Town Corporate limits.

• CN5Allen Coleman, Town Clerk

  Motion to confirm the following leadership positions on the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board for fiscal year 23-24.

  • Darryl Lanier, Chair of the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board
  • Matt Carusona, Vice-Chair of the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board

• CN6Allen Coleman, Town Clerk

  1. Motion to reappoint Ms. Mary Lee Blatchford to the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board for a three-year (3) term expiring June 28, 2026.
  2. Motion to reappoint Mr. Thomas Colwell to the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board for a three-year (3) term expiring June 28, 2026.
  3. Motion to appoint Jeremy Croom to the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board for a three-year (3) term expiring June 28, 2026.

• CN7Allen Coleman, Town Clerk

  Motion to confirm the following leadership position(s) on the Public Art Committee (PAC) for fiscal year 2023-2024:

  • Bethany Bryant, Vice-Chair of the Public Art Committee (PAC)

• CN8Allen Coleman, Town Clerk

  Motion to reappoint Mr. Sean Durham to the Public Art Committee (PAC) for a three-year (3) term expiring June 30, 2026.

  Motion to reappoint Mr. Lafayette Trawick to the Public Art Committee (PAC) for a three-year (3) term expiring June 30, 2026.

  Motion to appoint Kim Elliott as an alternate, non-voting, member to the Public Art Committee for a three-year (3) term expiring June 30, 2026 (see details). 

• CN9Russell H. Dalton, PE, Traffic Engineering Manager

  Motion to approve a Construction Agreement with CSX Transportation, Inc., requiring payment in the amount of $763,056.00 for contracted and administrative engineering services and flagging services for construction of the Apex Peakway bridge over South Salem Street and closure of the Tingen Road grade crossing, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN10Russell H. Dalton, PE, Traffic Engineering Manager

  Motion to approve an Agreement between the North Carolina Department of Transportation (NCDOT) and the Town of Apex to be eligible for up to $550,000 in federal funds reimbursement toward a total estimated cost of $687,500 in design, environmental documentation and right-of-way (ROW) acquisition for project BO-2416, SR 1153 (Tingen Road) Bicycle and Pedestrian Bridge, requiring a minimum 20% local cost match of $137,500, and to adopt Capital Project Ordinance Amendment 2024-1, and to authorize the Interim Town Manager , or their designee, to execute the Agreement on behalf of the Town.

• CN11Russell H. Dalton, PE, Traffic Engineering Manager

  Motion to approve an Agreement between the North Carolina Department of Transportation (NCDOT) and the Town of Apex to be eligible for up to $1,075,200 in federal funds reimbursement toward a total estimated cost of $1,344,000 in utility relocation and construction of BL-0095, Saunders Street and Hinton Street Sidewalk project, requiring a minimum 20% local cost match of $268,800, and to authorize the Interim Town Manager, or their designee, to execute the Agreement on behalf of the Town.

• CN12Mary Beth Manville, Director

  Motion to approve an agreement between P&A Administrative Services, Inc, and the Town of Apex for administration of the Town’s Lifestyle Reimbursement Account for Town employees, effective July 1, 2023, and to authorize the Interim Town Manager, or their designee, to execute the Agreement on behalf of the Town.

• CN13Katie Schwing, Senior Planner – Long Range Transit

  Motion to approve an agreement between the Town of Cary and the Town of Apex for Remix Transit Planning software cost reimbursement, to assist with long range transit planning, not to exceed $11,250, effective for one (1) year ending July 31, 2024, and to authorize the Interim Town Manager, or their designee, to execute the agreement on behalf of the Town.

• CN14Tim Herman, Fire Chief

  Motion to approve an Agreement Amendment between Wake County Government and the Town of Apex, for municipal fire protection for the unincorporated areas of Apex Fire district (Hipex District) ending June 30, 2025, and to authorize the Interim Town Manager, or their designee, to execute the agreement on behalf of Town.

• CN15Daniel Edwards, Senior Capital Projects Manager

  Motion to adopt Budget Ordinance Amendment No. 3 appropriating funds for Town Facilities Master Plan Study and lease extension for downtown parking.

• CN16Amanda Grogan, Director

  Motion to adopt Budget Ordinance Amendment No. 4 transferring budgeted Debt Service payments from the operating fund to respective Debt Service Funds

• CN17Amanda Grogan. Director

  Motion to adopt Budget Ordinance Amendment No. 5 and Capital Project Ordinance Amendment 2024-3 allocating funds to the ARPA Capital Project Fund.

• CN18Angela Reincke, Parks Planning Project Manager

  Motion to award a construction contract with North Carolina Department of Transportation (NCDOT) for EB-6021 Beaver Creek Greenway (Phase I, Phase 1A and Phase 2) construction and adopt Budget Ordinance Amendment No. 2 and Capital Project Ordinance Amendment 2024-02, and to authorize the Interim Town Manager, or their designee, to execute the contract on behalf of the Town.

• CN19Michael Deaton, P.E., Director

  Motion to approve a Master Services Agreement (MSA), effective August 1, 2023 through June 30, 2026, with J&D Tree Pros, Inc, for tree trimming, removal and stump grinding services, and to authorize the Interim Town Manager, or their designee, to execute the agreement on behalf of the Town.

• CN20Allen Coleman, Town Clerk

  Motion to approve, as submitted or amended, Meeting Minutes from the following meetings:

  June 27, 2023 – Regular Town Council Meeting Minutes

  July 28, 2023 – Emergency Town Council Meeting Minutes

• CN21Chris Johnson, PE, MPA, Director 

  Motion to approve an encroachment agreement between the Town of Apex and property owners Suresh Reddy Thati and spouse, Navya Beeravelli to install a fence that will encroach 66 linear feet (LF) onto the Town of Apex Public Drainage Easement and authorize the Interim Town Manager, or their designee, to execute the agreement on behalf of the Town.

• CN22Chris Johnson, PE, MPA, Director 

  Motion to approve an encroachment agreement between the Town of Apex and property owners Shabbir Shaik and spouse, Reshma Shaik to install a fence that will encroach 63 linear feet (LF) onto the Town of Apex Public Drainage Easement and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN23Chris Johnson, PE, MPA, Director 

  Motion to approve an encroachment agreement between the Town of Apex and White Oak Creek Homeowners Association, Inc. to install a private retaining wall, of which forty-nine (49) Linear Feet will encroach into the Town’s Right of Way (ROW) and authorize the Interim Town Manager, or their designee, to execute the agreement on behalf of the Town.

• CN24Chris Johnson, PE, MPA, Director

  Motion to approve an encroachment agreement between the Town of Apex and property owner Lennar Carolinas, LLC, to install a driveway that will encroach 65 square feet (SF) onto the Public Drainage Easement and 1 square foot (SF) onto the Public Utility Easement and authorize the Interim Town Manager, or their designee, to execute the agreement on behalf of the Town. 

• CN25Angela Reincke, Parks Planning Project Manager

  Motion to approve a payment of fee-in-lieu of dedication for the Hatcher Property. 

• CN26Taylor Wray, Cultural Arts Center Manager

  Motion to approve an Ordinance Amendment amending Chapter 14 -Section 14 of the Code of Ordinances for the Town of Apex, as it pertains to alcohol at special events.

    

• CN27Russell Dalton, P.E. Traffic Engineering Manager

  Motion to approve an Ordinance Amendment to Chapter 20 Traffic - Section 61 subsection (a) with the addition of part (3) prohibiting U-turns along Laura Duncan Road from 300 feet south of the intersection at US 64 to the southernmost Apex High School driveway, both directions of travel.

• CN28Russell Dalton, Traffic Engineering Manager

  Motion to approve Ordinance Amendment for Chapter 20 Traffic – Section 164 subsection (38) with the allowance of parking along the inside tangent curb lines of the landscaped medians of Sunny Creek Lane and Windy Creek Lane, addition of subsection (40) prohibiting parking along the east and south side of Evening Star Drive for its entire length, and addition of subsection (41) prohibiting parking along the west side of Homestead Park Drive from Olive Chapel Road to Evening Star Drive, along the north side of Homestead Park Drive from Evening Star Drive to the Homestead Park Drive loop, and along the inner curb line for the entire length of the Homestead Park Drive loop.

• CN29Russell Dalton, P.E. Traffic Engineering Manager

  Motion to approve an Ordinance Amendment to Traffic Schedule I and Traffic Schedule II of the Town of Apex Code of Ordinances in accordance with the provisions of Chapter 20 Traffic – Section(s) 60.1, 68, 69, -70.

• CN30Steve Adams, Utility Acquisition & Real Estate Specialist

  Motion to approve the purchase of real property located at, 215 Templeton Street in Apex, NC, and approve Budget Ordinance Amendment No. 1, and to authorize the Interim Town Manager, or their designee, to execute all necessary documents related to this property acquesition on behalf of the Town.

• CN31Liz Loftin, Senior Planner

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ07, Peak Engineering and Design, PLLC, petitioner, for property located at 940 Tingen Road (PIN 0741266614).

• CN32Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ09 for   Hatcher Property Revision.  The applicant is Patrick Kiernan, from Jones & Cnossen Engineering, PLLC, for the properties located at: 0 Olive Chapel Rd; 1901 & 1911 Transit Trail.

• CN33Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ11, Smith Farm Phase 5 PUD Amendment.  The applicants are Andrew Clark TR & Staley Smith; and Staley Smith, Aaron Smith Jr. & Haley Hoffler for the properties located at: 3223 US 64 Hwy West & 0 Air Park Dr.

• CN34Allen Coleman, Town Clerk

  Motion to approve the Wake County Tax Administration Tax Report for the Town of Apex dated June 01, 2023. 

• CN35Allen Coleman, Town Clerk  

  Motion to amend the 2023 Town Council Meeting Calendar.

PRESENTATIONS

• PR1Councilmember Terry Mahaffey, Sponsor

  Stephanie Mitchell of the Apex Public School Foundation

  Presentation of the Peak S.T.A.R. Award for the 4^th Quarter of the 2022-2023 School Year.

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 90.24 acres, Castleberry Assemblage, Annexation No. 752 into the Town Corporate limits.

• PH2June Cowles, Senior Planner

  Public hearing and possible motion to deny Rezoning Application No. 23CZ04 Castleberry Reserve Rezoning and Ordinance. The applicant, Matthew Carpenter, Parker Poe/Inspire Commercial, LLC and Jeff Roach, Peak Engineering, seeks to rezone approximately 89.90 acres from Wake County Residential-80W District (R-80W) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 8633, 8635, 8637, 8639, 8649, 8705, 8709, and 8717 Castleberry Road

• PH3June Cowles, Senior Planner

  Public hearing and possible motion to approve Rezoning Application No. 23CZ10 Salem Church Road Parcels. The applicant, Sundance of NC, LLC, seeks to rezone approximately 2.9 acres from Residential Agricultural (RA) to Medium Density Residential-Conditional Zoning (MD-CZ). The proposed rezoning is located at 1529, 1531, 1535 Salem Church Road.

  Recommendation

  The Planning Department recommends approval with the conditions as offered by the applicant only if the following condition is added: Developer shall provide roadway frontage improvements along Salem Church Road consistent with a 35-foot back-to-back typical section with 5-foot sidewalk on a 60-foot right-of-way. The Planning Board held a Public Hearing on July 10, 2023 and unanimously voted to recommend approval of the rezoning with the conditions offered by the applicant.

• PH4Amanda Bunce, Current Planning Manager

  Public Hearing and possible motion to approve Rezoning Application No. 23CZ12 Sweetwater PUD Amendment. The applicant, David Schmidt, ExperienceOne Homes, LLC, seeks to rezone approximately 0.944 acres from Planned Unit Development-Conditional Zoning (PUD-CZ No. 17CZ21) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0 Core Banks St and 0 Little Gem Ln.

• PH5Allen Coleman, Town Clerk

  Public Hearing and possible motion to approve a closing of a right-of-way (ROW) on a portion of Burma Drive, located South of Goodworth Drive and North of Pristine Water Drive and between two tracts owned by Apex Industrial Owner 3, LLC. 

• PH6Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding an amendment to the Transportation Plan to add a Future Local Connection between Jenks Road and Goodwin Road, north of US 64.

• PH7Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding amendments to the Transportation Plan along and adjacent to East Williams Street between future Jessie Drive and Reunion Creek Parkway.

NEW BUSINESS

• NB1Antwan Morrison, Director

  Motion to adopt a Resolution authorizing and ratifying the filing of an application with the Local Government Commission in connection with the proposed issuance of Public Improvements Bonds, and scheduling a public hearing for August 26, 2023 to consider an order authorizing $3,460,000 general obligation public improvement bonds for the Town of Apex.

• NB2Taylor Wray, Cultural Arts Center Manager

  Motion to approve Addendum A – Fee Structure with addition to the updated Special Event Policy (Draft #21)

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Steve Adams, Utilities Acquisition and Real Estate 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.

• CS2Laurie Hohe, Town Attorney

  Possible motion to go into closed session pursuant to NCGS § 143-318.11(a)(3) to preserve attorney-client privilege.

• CS3Jacques K. Gilbert, Mayor

  Possible motion to go into closed session pursuant to NCGS § 143-318.11(a)(6) to consider qualifications related to an employee.

ADJOURNMENT