Regular Town Council Meeting 05/23/2023 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 approve an amended Ordinance for Annexation No. 750, located at 2012 Ramblewood Drive, to include the right of way.

• CN2Allen Coleman, Town Clerk

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

  May 05, 2023 – Town Council Budget Work Session Meeting Minutes

  May 09, 2023 – Regular Town Council Meeting Minutes

• CN3Chris Johnson, P.E., MPA, Director

  Motion to approve an encroachment agreement between the Town and property owner Taylor Morrison of Carolinas, Inc., located at 931 Baldwin Ridge Road Apex, NC 27523, Lot 215, to install a driveway that will encroach 11 square feet (SF) onto the Town of Apex 20’ Public Storm Drainage Easement and authorize the Town Manager to execute the agreement.

• CN4Chris Johnson, P.E., MPA, Director

  Motion to approve an encroachment agreement between the Town and property owner Taylor Morrison of Carolinas, Inc., located at 935 Baldwin Ridge Road Apex, NC 27523, Lot 214, to install a driveway that will encroach 27 square feet (SF) onto the Town of Apex 20’ Public Storm Drainage Easement and authorize the Town Manager to execute the Agreement.

• CN5Chris Johnson, P.E., MPA, Director

  Motion to approve an encroachment agreement between the Town and property owners Alexandria D. Carter and Kevin B. Rice, located at 1701 Chestnut Street Apex, NC 27502, Lot 38, to install a fence that will encroach 210 linear feet (LF) onto the Town of Apex 20’ Sanitary Sewer Easement and authorize the Town Manager to execute the Agreement.

• CN6Steve Adams, Real Estate Specialist

  Motion to approve a lease agreement amendment with CSX Transportation for the parking improvements in downtown area and authorize the Town Manager to execute the agreement.

• CN7Russell Dalton, P.E., Traffic Engineer Manager

  Motion to adopt an Ordinance amending Chapter 20-100 subsection (7) with the addition of text referring exclusively to the town-maintained portion of Richardson Road south of Humie Olive Road, in order to specify the 45 miles per hour speed limit in subsection (7) no longer applies to the portion north of Olive Chapel Road.

• CN8Councilmember Brett Gantt (sponsor)

  Allen Coleman, Town Clerk

  Motion to adopt a resolution ratifying, accepting, and approving the amended charter resolution of Central Pines Regional Council, formerly Triangle J Council of Governments (TJCOG).

• CN9Allen Coleman, Town Clerk

  Motion to adopt the 2021 Record Retention and Disposition Schedule for General Records, the 2021 Record Retention and Disposition Schedule for Program Records, and the corresponding resolution.

PRESENTATIONS

• PR1Councilmember Terry Mahaffey, Sponsor

  Stephanie Mitchell of the Apex Public School Foundation

  Presentation of the Peak S.T.A.R. Award for the 3^rd Quarter of the 2022-2023 School Year.

• PR2Jacques K. Gilbert, Mayor 

  Proclamation recognizing May 2023 as Foster Care Awareness Month in the Town of Apex.

• PR3Jacques K. Gilbert, Mayor 

  Proclamation recognizing June 2023 as LGBTQIA+ Pride Month in the Town of Apex

• PR4Jacques K. Gilbert, Mayor 

  Proclamation recognizing June 19, 2023 as Juneteenth in the Town of Apex

• PR5Antwan Morrison, Director

  Receive as information the Fiscal Year Ended June 30, 2022 financial audit report from the external auditors.

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

  Public Hearing and Possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 1.74 acres, located at 7612 Green Level Church Road, Annexation No. 753 into the Town Corporate limits.

• PH2Amanda Grogan, MPA, Director

  Public Hearing to receive resident input on the Annual Operating Budget and Capital Investment Plan (CIP), including proposed economic development expenditures, for Fiscal Year 2023-2024.

• PH3Allen Coleman, Town Clerk

  Public Hearing and possible motion to approve an Order Closing a portion of the right-of-way (ROW) on a portion of Old Raleigh Road, located at the intersection of Old Raleigh Road and Laura Duncan Road, extending to Old Mill Village Drive (See Survey Map Included). 

• PH4June Cowles, Senior Planner

  Public hearing and possible motion to approve Rezoning Application No. 23CZ05 Pleasant Park. The applicant, Angela Reincke, Town of Apex, seeks to rezone approximately 92.9 acres from Rural Residential (RR) to Conservation Buffer-Conditional Zoning (CB-CZ). The proposed rezoning is located at 3400 Pleasant Plains Road.

• PH5Joshua Killian, Planner I

  Public hearing and possible motion to approve Rezoning Application No.23CZ06 Hunter Street Park Addition. The applicant, Angela Reincke, Town of Apex, seeks to rezone approximately 1.7 acres from Planned Unit Development-Conditional Zoning (PUD-CZ No.07CZ05) to Conservation Buffer-Conditional Zoning (CB-CZ). The proposed rezoning is located at 1250 Ambergate Station.

• PH6Dianne Khin, Director and

  Jenna Shouse, Senior Long-Range Planner

  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

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

• CS2Steve Adams, Real Estate Specialist

ADJOURNMENT