Regular Town Council Meeting 01/23/2024 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:

• CN1Shannon Cox, Long Range Planning Manager

  Motion to approve three (3) agreements for funding associated with GoApex for Fiscal Year 2024, including: (1) General Operating Funding Agreement for Bus Operations – Community Funding Area, (2) General Capital Funding Agreement Community Funding Area Program for Bus Infrastructure, and (3) General Capital Funding Agreement for Capital Planning – Community Funding Area Program, and to authorize the Interim Town Manager, or their designee, to sign and execute on behalf of the Town.

• CN2Adam Stephenson, Transportation Engineering Manager

  Motion to amend the budget, award a construction contract with FSC II, LLC DBA Fred Smith Company, for the 2024 Road Rehabilitation Project, and to authorize the Interim Town Manager, or their designee, to execute the contract on behalf of the Town.

  Motion to adopt Budget Ordinance Amendment No. 11

• CN3Allen Coleman, Town Clerk

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

  January 12, 2024 – Special Town Council Meeting 

• CN4Jonathan K. Jacobs, P.E., CFM, Assistant Director

  Motion to adopt a Resolution Designating Primary and Secondary Agents authorized to execute and file applications for federal and/or state assistance on behalf of the Town of Apex, for the purpose of obtaining certain state and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act.

  Motion to approve a Building Resilient Infrastructure and Communities (BRIC) Grant Local Match Fund Commitment Letter, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

PRESENTATIONS

• PR1Antwan Morrison, Director

  Receive as information the Fiscal Year Ended June 30, 2023 financial audit report from the external auditors.

• PR2Mayor Jacques K. Gilbert 

  Proclamation recognizing the Month of January 2024, Human Trafficking Prevention Month in the Town of Apex and encouraging all residents to support measures that seek to eliminate the blight of human trafficking from our society.  

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

• PH1Amanda Grogan, Director

  Public Hearing to receive citizen input regarding the formulation of the Fiscal Year 2024-2025 Annual Operating Budget – First Public Hearing.

• PH2Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding an amendment to the 2045 Land Use Map within and adjacent to the Little Beaver Creek conservation easement.

• PH3Dianne Khin, Director

  Public Hearing and possible motion to adopt an Ordinance on the question of Question of Annexation - Apex Town Council's intent to annex 5.367 acres, located at The Preserve on Holt, Annexation No. 745 into the Town Corporate limits.

• PH4Amanda Bunce, Current Planning Manager

  Public Hearing and possible motion to approve Rezoning Application No. 23CZ15 Apex Gateway Phase 2 Amendment. The applicant, Gray Harrell, Beacon Development, seeks to rezone approximately 243.48 acres from Light Industrial-Conditional Zoning (LI-CZ #22CZ26) to Light Industrial-Conditional Zoning (LI-CZ) and Planned Commercial-Conditional Zoning (PC-CZ). The proposed rezoning is located at 314, 450, 482, 472, 546, 610, 696, 527, 0, & 0 NC Hwy 751; 0, 0, & 0 Hwy 64 East; 0 & 44 New Hill Road.

• PH5Amanda Bunce, Current Planning Manager

  Public Hearing and possible motion to approve Rezoning Application No. 23CZ20 Sweetwater PUD Amendment. The applicant, David Schmidt, ExperienceOne Homes, LLC, seeks to rezone approximately 41.33 acres from Planned Unit Development-Conditional Zoning (PUD-CZ #22CZ03 & #23CZ12) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 1451 Richardson Rd; 1051 & 1075 Newland Ave; 2800, 2810 Teachey Pl, & 2820 Teachey Pl; 0 Core Banks St and 0 Little Gem Lane.

• PH6Liz Loftin, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application No. 23CZ14 Salem Street Townhomes PUD. The applicant, P&R Properties Group, LLC, seeks to rezone approximately 1.04 acres from Medium Density (MD) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0, 0 & 720 South Salem Street.

• PH7Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding amendments to the Apex Transportation Plan associated with Rezoning No. 23CZ13 Seymour Mixed Use PUD.

• PH8June Cowles, Senior Planner

  Public hearing and possible motion to approve Rezoning Application No. 23CZ13 Seymour Mixed Use PUD. The applicant, Barnett Properties, LLC, seeks to rezone approximately 81.9 acres from Residential Agricultural (RA) and High Density Single-Family Residential (HDSF) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0, 0, and 0 Tingen Road.

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Steve Adams, Real Estate/Utilities Acquisition 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.

• CS2Councilmember Terry Mahaffey

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

ADJOURNMENT