Regular Town Council Meeting 04/23/2024 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:

• CN1Amanda Grogan, Director

  Motion to approve an agreement between School of Government Services (SOG Services) and the Town of Apex, for participation in the NC Benchmarking Project, effective April 23, 2024 through December 31, 2026, and to authorize the Town Manager to execute on behalf of the Town.

• CN2Michael Mote, Meter Services Supervisor

  Motion to approve an agreement for First Amendment of Ground Lease between the Town of Cary and Town of  Apex and Wake County, for co-locating communication equipment on an existing radio tower at the Western Wake Regional Reclamation Facility, and to authorize the Town Manager to execute on behalf of the Town.

• CN3Amanda Grogan, Director

  Motion to schedule a second budget public hearing for May 14, 2024 on the Annual Operating Budget including expenditures for Economic Development (pursuant to NCGS 158-7.1) for fiscal year 2024-2025.

• CN4Eric Neumann, Director

  Motion to approve Budget Ordinance Amendment 15 allocating additional funds for the expansion of Apex’s electric utility distribution system  

• CN5Amanda Grogan, Director

  Motion to approve Capital Project Ordinance Amendment No. 2024-14 appropriating funds already in capital project funds to active projects.

• CN6Amanda Grogan, Director

  Motion to adopt Capital Project Ordinance Amendment(s) No. 2024-15 and 2024-16 to allocate ARPA funds for identified projects.

• CN7Angela Reinke, Parks Planning Project Manager

  Motion to approve Capital Project Ordinance Amendment 2024-17 appropriating an additional $3,632,629 in federal grant funds and interest earnings for the Beaver Creek Greenway Project.

• CN8Angela Reincke, Parks Planning Project Manager

  Motion to approve a Fee-in-lieu (FIL) of land dedication, a public greenway easement, being offered by the applicat for a southern portion of the site to allow further design of the greenway alignment to tie into the existing greenway easement on the adjacent property provided by the Courtyard on Holt.

• CN9Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 24CZ01, Todd Rechler, RXR Realty, petitioner, for the property located at 0 E Williams Street (PIN 0740992164).

• CN10Lauren Staudenmaier, Planner II

  Motion to approve the Statement of the Town Council for Rezoning Application No. 22CZ27 Center City Townhomes, Jason Barron, Morningstar Law Group, petitioner, for the properties located at 1316, 1314, 0, 1320, 1332, 1400, 1328, and 0 Center Street (PINs 0741994612, 0741993895, 0741993581, 0741995716, 0741996516, 0741997663, 0741995786, & 0741995610).

PRESENTATIONS

• PR1Mayor Jacques K. Gilbert

  Proclamation recognizing the Week of April 21, 2024 through April 27, 2024 as Civilian Law Enforcement Professionals Week in the Town of Apex, and extend my heartfelt gratitude to the excellent Civilian Law Enforcement Professionals in our Police Department, who contribute greatly to its success.

• PR2Mayor Jacques K. Gilbert

  Proclamation recognizing the Week of April 28 through May 4, 2024, Apex Small Business Week in the Town of Apex, and encourage all residents to support our array of small businesses in our town during this week and all weeks.  

• PR3Mayor Jacques K. Gilbert 

  Proclamation recognizing Saturday, April 27, 2024, as Think Apex Day in the Town of Apex, and encourage all residents to spend this day in organized or individual activities that seek to make Apex a better place for all. 

• PR4Linda Graham Jones, Director

  Celeste Sherer, Coordinator

  Receive the proposed Language Access Plan (LAP) for the Town of Apex and a possible motion to adopt the proposed Language Access Plan (LAP) for the Town of Apex and the implementation of said plan.  

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 2.208 acres, located at 2014 Lufkin Road, Annexation No. 777 into the Town Corporate limits.

• PH2Shelly Mayo, Planner II

  Public hearing and possible motion to approve Rezoning Application No. 24CZ02 5836 Old Smithfield Rd. The applicants, Natilee Hinton-Brooks & Inetta L. Hinton, seek to rezone approximately 2.22 acres from Rural Residential (RR) to Planned Commercial-Conditional Zoning (PC-CZ). The proposed rezoning is located at 5836 Old Smithfield Rd.

• PH3Joshua Killian, Planner I

  Public hearing and possible motion to approve Rezoning Application No. 23CZ22 1013 Olive Chapel Rd. The applicants, Ashwini Kumar Reddy Yalala, Srikanth Nalla, Rajanikanth Chippa, and Gurudath Munimakula, seeks to rezone approximately 2.0 acres from Residential Agricultural (RA) to Medium Density Residential-Conditional Zoning (MD-CZ). The proposed rezoning is located at 1013 Olive Chapel Rd.

• PH4Robert Patterson, PE, Senior Stormwater Engineer

  Public hearing and possible motion regarding various amendments to the Unified Development Ordinance (UDO).

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney

  Motion to go into closed session pursuant to NCGS 143-318.11(a)(3) to discuss the handling of the matter of Empire Contractors, Inc v. Town of Apex.

• CS2Laurie Hohe, Town Attorney

  Possible motion to enter into closed session pursuant to NCGS § 143-318.11(a)(6) to consider a personnel matter.

ADJOURNMENT