Regular Town Council Meeting 02/14/2023 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

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 updates to the Apex Cares – Housing Rehabilitation Program Guidelines and motion to approve, and to authorize the Town Manager to sign and execute, the Agreement for Housing Rehabilitation Program Administration Services. 

• 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 February 28, 2023, on the Question of Annexation - Apex Town Council's intent to annex 27.853 acres, Friendship Village, Annexation No. 746 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 February 28, 2023, on the Question of Annexation - Apex Town Council's intent to annex 244.87 acres, Apex Gateway Phase 2, Annexation No. 749 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 February 28, 2023, on the Question of Annexation - Apex Town Council's intent to annex 5.719 acres, located at 2012 Ramblewood Drive, Apex, North Carolina, Annexation No. 750 into the Town Corporate limits.

• CN5Shannon Cox, Long Range Planning Manager

  Motion to approve Budget Ordinance Amendment 14 and Capital Project Ordinance Amendment 2023-4 for transit improvements associated with GoApex Route 1.

• CN6Michael Deaton, P.E., Director

  Motion to approve a 3-Year Master Services Agreement with National Power, LLC., and to authorize the Town Manager to execute on behalf of the Town.

• CN7Michael Deaton, P.E., Director

  [For Consent:  Motion to approve a 3Multi-Year AgreementContract with TecNXS LLC, and to authorize the Town Manager to execute the agreement on behalf of the Town. - April 1, 2023 through April 1, 2026

• CN8Allen Coleman, Town Clerk

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

  January 24, 2023 Regular Town Council Meeting

• CN9Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owners Kondadi Pranama Moorthy and Tarangini Desawar, co-trustees of The Moorthy-Desawar Family Trust to install a fence that will encroach 83 linear feet onto the 5’ TOA Public Utility Easement and authorize the Town Manager to execute the same.

• CN10Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Taylor Morrison of Carolinas, Inc. to install a driveway that will encroach 31 square feet (SF) onto the 20’ Town of Apex Public Storm Drainage Easement and authorize the Town Manager to execute the same.

• CN11Angela Reincke, Parks Planning Project Manager

  Motion to adopt a Memorandum of Understanding for the Joint Re-development and Use of a Town Facility and to authorize the Town Manager to execute the agreement.

• CN12Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case #22CZ13 2021 N Salem St PUD, Brendie Vega, WithersRavenel, petitioner, for the property located at 2021 N Salem Street (PIN 0742891824.).

• CN13Shelly Mayo, Planner II

  Motion to set the Public Hearing for the February 28, 2023 Town Council meeting regarding Rezoning Application #22CZ19 The Heights PUD. The applicant, Charm City Developers, LLC, seeks to rezone approximately 1.34 acres from High Density Single-Family (HDSF) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 406 S. Salem Street, 0 Harwood Street, and 0 First Street.

• CN14Lauren Staudenmaier, Planner II

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case #22CZ23 Yellowbridge PUD Amendment, Tucker Ennis, Lennar Carolinas LLC., petitioner, for the properties located at 2813 & 2817 US 64 Highway West (PINs 0722743789 & 0722752304).

• CN15Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application #22CZ24 Apex Gateway Ph 1 (Project Real Amendment), Maggie Houston, Beacon Development, petitioner, for the properties located at 104 NC Hwy 751, NC Hwy 751, 106 Off NC Hwy 751, Off NC Hwy 751 (PINs 071200566821,071200551996,71200575776 (Parcels 60523, 95398, 71694, 73702, 17900).

• CN16Amanda Bunce, Current Planning Manager

  Motion to set Public Hearing for the February 28, 2023 Town Council meeting regarding Rezoning Application #22CZ26 Apex Gateway Ph 2. The applicant, Maggie Houston, Beacon Development, seeks to rezone approximately 243.48 acres from Chatham County Conditional Use-Light Industrial District (CU-IND-L), Chatham County Residential District (R-1), Chatham County Conditional Use-Office & Institutional District (CU-OI) to Light Industrial-Conditional Zoning (LI-CZ). The proposed rezoning is located at 314, 450, 482, 472, 546, 610, 696, 527, & 0 NC Hwy 751; 0, 0, 0, & 13406 US 64 E.

• CN17Jeffrey Maynard, Assistant Chief

  Motion to adopt a Resolution declaring a 2002 Sterling Water Tanker (Fleet Number 118) as surplus, and to authorize the sale of same to the Town of Morrisville, without consideration, and to authorize the Purchasing Manager and Town Manager to sign documents necessary to complete the sale.

• CN18Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the February 28, 2023 Town Council meeting regarding various amendments to Unified Development Ordinance (UDO).

• CN19Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the February 28, 2023 Town Council meeting regarding the adoption of Sustainability Standards for Veridea known as an Environmental Enhancement Plan.

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

• PH1Dianne Khin, Planning Director 

  Conduct a Public Hearing and Possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 5.45 acres, located at 7624 Reams Ct (Bhat Property), Annexation No. 743 into the Town Corporate limits.

• PH2Dianne Khin, Planning Director 

  Conduct a Public Hearing and Possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 3.677 acres, located at 2705 Richardson Road, Annexation No. 751 into the Town Corporate limits.

• PH3Robert Patterson, P.E., Senior Engineer

  Public Hearing and possible motion regarding various amendments to the Soil Erosion and Sedimentation Control requirements in Sections 5-142 through 5-162 of Article X of Chapter 5 of the Town of Apex Code of Ordinances.

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Allen Coleman, Town Clerk 

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

• CS2Jacques K. Gilbert, Mayor 

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

• CS3Jacques K. Gilbert, Mayor 

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

ADJOURNMENT