Regular Town Council Meeting 03/12/2024 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:

• CN1Shannon Cox, Long Range Planning Manager

  Motion to approve an agreement with the North Carolina Department of Transportation (NCDOT) for a NCDOT-Administered Transit-Oriented Development Planning related to the S-Line Mobility Hub Feasibility Study, and authorize the Interim Town Manager to execute.

• 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 April 9, 2024, on the Question of Annexation - Apex Town Council's intent to annex 13.52 acres, Castleberry Reserve, Satellite Annexation No. 771 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 April 9, 2024, on the Question of Annexation - Apex Town Council's intent to annex 6.69 acres, Parc at Bradley Farm, Annexation No. 778 into the Town Corporate limits.

• CN4Joanna Helms, Director

  Allen Coleman, Town Clerk

  Motion to approve Budget Amendment No. 13 to allocate funds for Economic Development incentive agreement payments and to secure a contracted town lobbyist in the Office of the Town Clerk.

• CN5Matthew Reker, Utilities Engineering Intern

  Motion to approve Contract Amendment No. 3 between CDM Smith Inc. and the Town of Apex for the Sunset Hills Pump Station Improvements Project, and authorize the Interim Town Manager to execute the agreement.

• CN6Allen Coleman, Town Clerk

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

  February 20, 2024 – Town Council Work Session 

• CN7Angela Reincke, Parks Planning Project Manager

  Motion to approve a fee-in-lieu of land dedication for the proposed Peak Landing Subdivision project.

• CN8Michael S. Deaton, P.E., Director

  Motion to approve a Utility Infrastructure Development Reimbursement Agreement with Lennar Carolinas, LLC, and to authorize the Interim Town Manager to execute the same for construction of an oversized 20-inch waterline along South Salem Street.

• CN9Steve Adams, Real Estate and Utilities Acquisition Specialist

  Motion to approve a resolution titled “Resolution to Abandon Portion of Existing Public Drainage Easement” which will abandon areas shown on the attached exhibit at the Kiddie Academy 905 Acton Street property in Apex, North Carolina.

• CN10Matthew Reker, Utilities Engineering Intern 

  Motion to adopt a resolution titled “Resolution Accepting American Rescue Plan Funds” which are grant funds from the NC Division of Water Infrastructure (DWI) to complete an Asset Inventory and Assessment (AIA), approve the corresponding Capital Project Ordinance Amendment 2024-8, and authorize the Interim Town Manager to execute the grant agreement and other grant related documents. 

• CN11Liz Loftin, Senior Planner

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case #23CZ17 0 Herbert Street, Salem Street Realty, LLC, petitioner, for the property located at 0 Herbert Street (PIN 0741397109).

• CN12Liz Loftin, Senior Planner

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case #23CZ23 Saunders Street Parking Lot, Town of Apex, petitioner, for the property located at 0 Saunders Street, 0 & 211 Templeton Street (PINs 0742319843, 0742318765, 0742317640).

• CN13Allen Coleman, Town Clerk

  Motion to approve Apex Tax Reports dated February 4, 2024.  

• CN14Amanda 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 February 27, 2024 related to signs and correcting a typographical error.

• CN15Amanda 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 February 27, 2024 related to traffic calming.

PRESENTATIONS

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

NEW BUSINESS

• NB1Taylor Wray, Cultural Arts Center Manager

  Motion to approve the purchase of “Jäger” as a part of the Town’s permanent sculpture collection, and authorize a purchase price not to exceed $9,200.

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Steve Adams, Utilities Acquisition / 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.

• CS2Allen Coleman, Town Clerk

  Possible motion to enter into closed session pursuant to NCGS § 143-318.11(a)(1) to prevent the disclosure of information that is privileged or confidential.

• CS3Mayor Jacques K. Gilbert

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

ADJOURNMENT