Regular Town Council Meeting 09/26/2023 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:

• CN1Marty Stone, P.E., Assistant Town Manager 

  Motion to adopt Budget Ordinance Amendment No. 9 which appropriates funds to pay amounts due under the first amendment to the Utility Infrastructure Reimbursement Agreement with Pulte Home Company, LLC, Standard Pacific of the Carolinas, LLC, and Taylor Morrison of Carolinas, Inc. and which authorizes a transfer of funds from the Water Sewer HB 463 Capital Fund to fund the payment.

• CN2Matthew Reker, Utilities Engineer

  Motion to award the construction contract with Carolina Civilworks, Inc. for the Sunset Hill Pump Station Improvement project and to authorize the Interim Town Manager, or their designee, to execute the contract on behalf of the Town.

• CN3Angela Reincke, Parks Planning Project Manager

  Motion to award the construction contract with Lanier Construction Company, Inc., for Apex West Greenway construction project and adopt Capital Project Ordinance Amendment 2024-6, and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN4Angela Reincke, Parks Planning Project Manager

  Motion to award a construction contract, upon NCDOT concurrence, for EB-6021 Beaver Creek Greenway (PH1, 2 and 1A) construction which amends the previous action by Town Council on August 8, 2023, to ensure compliance with Locally Administered Project funding requirements, and to authorize Interim Town Manager, or their designee, to execute the contract on behalf of the Town.

• CN5Allen Coleman, Town Clerk

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

  September 12, 2023 – Regular Town Council Minutes 

• CN6Angela Reincke, Parks Planning Project Manager

  Motion to approve the establishment of criteria for a Design-Build delivery method for Construction Projects and for the Design-Build of the Bike Park Facility at Hunter Street Park.

• CN7Angela Reincke, Parks Planning Project Manager

  Motion to approve a fee-in-lieu of dedication for the Townes on Tingen

• CN8Russell Dalton, Traffic Engineering Manager

  Motion to adopt an Ordinance Amendment to Chapter 20 Traffic – Section 150 with the addition of subsection (13) prohibiting parking in a bike lane, except that a driver may stop temporarily during the actual loading and unloading of passengers or materials unless deliveries are otherwise prohibited.

• CN9Steve Adams, Utility Acquisition & Real Estate Specialist 

  Motion to adopt a Resolution entitled “A Resolution to Abandon Existing Utility Easements” for multiple Dry Utility Easements (DUE)  located at The Park at Wimberly.

• CN10Lori Avent, Water Resource Specialist

  Motion to adopt a Resolution entitled “A Resolution Approving Water Shortage Response Plan” to implement water conservation measures to respond to drought or other water shortage conditions as set out in the Water Shortage Response Plan (WSRP).

PRESENTATIONS

• PR1Mayor Jacques K. Gilbert

  Declaring the month of October, 2023, Cyber Security Awareness Month in the Town of Apex.

• PR2Mayor Jacques K. Gilbert

  Declaring the month of October, 2023, Hindu Heritage Month in the Town of Apex.

• PR3Russell Dalton, Traffic Engineering Manager, & Sajid Hassan, Traffic Safety Engineer

  Staff to present a one-year update on the Vision Zero traffic safety program since adoption of the Apex Vision Zero Action Plan.

• PR4Timothy Maloney, Director, and Bill Shroyer, Senior GIS Analyst, Wake County Department of Planning, Development & Inspections

  Receive as information regarding the Wake County Land Cover Analysis & Tree Canopy Assessment led by Wake County and Davey Resource Group.

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 30.047 acres, Pleasant Plans Elementary School, Annexation No. 764 into the Town Corporate Limits.

• PH2Amanda Bunce, Current Planning Manager

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

OLD BUSINESS

• OB1Laurie Hohe, Town Attorney

  Report to Council of Separation Agreement and Release

NEW BUSINESS

• NB1Amanda Bunce, Current Planning Manager

  Discussion about possible amendments to certain sections of the Unified Development Ordinance (UDO) in order to increase the amount of Resource Conservation Area (RCA) required for single-family and townhome developments south and west of NC 540 and to provide an automatic reduction in RCA with installation of solar panels. The proposal would exempt projects that provide a minimum amount of affordable housing.

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Jacques K. Gilbert, Mayor

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

• CS2Allen Coleman, Town Clerk

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

ADJOURNMENT