Virtual Regular Town Council Meeting 11/23/2021 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

PR1Apex Consolidated Alumni and North Forgotten History Committee

These two groups wish to present their thanks to the Town Council for approval of the Apex Consolidated Schools Historical Marker which will be located at Apex Elementary School

CS Presenttaion by the School System.pdf (0.09 MB)

PR2Jacques K. Gilbert, Mayor

Mayor Gilbert to present proclamation for Small Business Saturday 2021.

Agenda Item Cover Sheet - Small Business Saturday 2021.pdf (0.09 MB)
Small Business Saturday 2021 Proclamation.pdf (0.20 MB)

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:

CN1Jacques K. Gilbert, Mayor

Motion to re-appoint Michael J. Wilson as Board of Adjustment Chair, Lisa Carley as Board of Adjustment Vice-Chair, and Tracy Taylor as Board of Adjustment Alternate 1.

TC Cover Sheet Board of Adjustment Appointments.pdf (0.09 MB)
Proposed BOA Appointments 2021.pdf (0.15 MB)

CN2Russell Dalton, Traffic Engineering Manager

Motion to approve temporary closure of the on-street angled parking spaces and sidewalk along the parcel frontage of 76 Hunter Street and establishing a signed sidewalk detour route along Grand Central Station, Chessie Station, and Metro Station in effect Monday through Friday between the hours of 7:00 a.m. to 5:30 p.m. for the purpose of staging a crane and vertical building construction activity starting the week of November 22, 2021 and terminating August 1, 2022.

01 Cover - 76 Hunter St Pkg & Sidewalk Closure.pdf (0.09 MB)
02 Map 76 Hunter St Pkg and Sidewalk.pdf (0.46 MB)

CN3Russell Dalton, Traffic Engineering Manager

Motion to approve an Ordinance amending Section 20-163 subsection (b), reserving the first eight (8) parking spaces on the south side of Hunter Street east of Grand Central Station for a GoApex bus layover area on Monday through Saturday between the hours of 5:30 a.m. and 10:00 p.m when designated by signs indicating said reservation.

CN4Liz Loftin, Senior Planner

Motion to approve revised Statement of the Town Council and Ordinance for Rezoning Case #21CZ13 Evans Road PUD in order to provide a revised Attachment A - Legal Description.

21CZ13 Evans Road PUD Cover-CN.pdf (0.10 MB)
Combined Rezoning Statement and Ordinance #21CZ13 Evans PUD.pdf (0.03 MB)
21CZ13 Evans Road PUD Attachment A Legal Description.pdf (1.81 MB)
21CZ13 Evans Road PUD Attachment B- PUD text-plan-reduced file size.pdf (15.05 MB)

CN5Marty Stone, PE, Assistant Town Manager

Motion to approve Budget Ordinance Amendment No. 10 which appropriates funds to pay amounts due under the second amendment to the Utility Infrastructure Reimbursement Agreement with Meritage Homes of Carolinas, Inc.

01 Cover Sheet_Deer Creek Reimbursement Payment #2.pdf (0.09 MB)
02 Credits and Fees for Deer Creek Reimbursement through 10202021.pdf (0.52 MB)
03 Budget Ord Amend. No. 10 Deer Creek Reimb..pdf (0.30 MB)

CN6Tesa Silver, Deputy Town Clerk

Motion to approve Minutes of the October 26, 2021 Regular Council Meeting

CS-Minutes.pdf (0.09 MB)
Minutes 10.26.21.pdf (0.17 MB)

CN7Russell Dalton, Traffic Engineering Manager

Motion to approve an Infrastructure Reimbursement Agreement with the Triad Math and Science Academy Company for installation of sidewalk and curb and gutter along Dropseed Drive for actual costs incurred not to exceed $50,000.00, authorize Town manager to execute same and approve corresponding Budget Ordinance Amendment 11 and Capital Project Ordinance Amendment 2022-03.

01 Cover - TMSA Reimbursement Agmt revised.pdf (0.09 MB)
02 TMSA Reimbursement Agreement.pdf (1.82 MB)
03 Budget Ord. Amend. No. 11 TMSA Reimbursement.pdf (0.10 MB)
04 CP Ordinance Amendment No. 2022-3 TMSA.pdf (0.10 MB)

CN8Catherine Crosby, Jason Armstrong, Laurie Hohe

Motion to approve an ordinance amendment to multiple town code sections providing that certain violations of the Town Code are punishable as misdemeanors.

Agenda Cover sheet -Town Code Amendment.pdf (0.09 MB)
Ordinance Amendment - SB 300 Amendments (revised).pdf (0.28 MB)

CN9Colleen Merays, Downtown & Small Business Development Coordinator

Motion to approve the Co-sponsored Apex Farmers’ Market request to amend their approved schedule and add an additional market day on Saturday, December 18, 2021 in the Depot Parking Lot.

Agenda Item Cover Sheet - CN Co-sponsored Event - Apex Farmers' Market Amendment.pdf (0.09 MB)

CN10Vance Holloman, Finance Director

A motion to approve a Resolution accepting American Rescue Plan Act Funds.

CS Resolution Accepting ARPA Funds.pdf (0.09 MB)
Resolution Accepting ARPA Funds.pdf (0.06 MB)

CN11Vance Holloman, Finance Director

A motion to approve the form of a proposed vendor agreement between the Town and Wake County which will enable eligible Apex utility customers to receive assistance under the Low Income Water Assistance Program(LIHWAP) and authorize the Finance Director to execute the agreement.

CN12Mary Beth Manville, Human Resources Director

Motion to approve the Additional Sick Leave Policy for Town employees, effective January 10, 2021.

ACS Additional Sick Leave Policy.pdf (0.09 MB)

CN13Laurie Hohe, Town Attorney

Motion to approve ordinance amendment to Sections 6-13 and 13-85 of the Town of Apex Code of Ordinances.

Ordinance Amendment - Act of God revisions.pdf (0.02 MB)
01 CS - Act of God References Ordinance Amendment (revised).pdf (0.09 MB)

CN14Steve Maynard, Purchasing & Contracts Manager

Motion to approve Member Cooperative Bid Agreement for Joint Purchasing of Utility Materials, Supplies, and equipment.

Member Coop Bid Agreement.pdf (0.09 MB)
2021 - 2024. Cooperative Bid Agreement.pdf (0.22 MB)

CN15Steve Maynard Purchasing & Contracts Manager

Motion to approve report of award of contract to Wesco Distribution for purchase of single phase pad mount transformers.

CS Single Phase Transformer Bid (revised).pdf (0.09 MB)
Single Phase Pad Mount Transformer Bid .pdf (0.04 MB)
11.4.21 SINGLE PHASE TRANSFORMER BID TAB.pdf (3.50 MB)

CN16Steve Adams, Real Estate & Public Utilities

Motion to accept the deed of 23% interest in property recently purchased by Town of Cary as part of the Cary Apex Water Treatment Facility and authorize Town Manager to execute any documents related to the transfer.

Cary to Cary Apex Deed Cover Sheet_2021.23.11.pdf (0.09 MB)
Cotten Property Deed to Apex 10.21.21.pdf (0.02 MB)
CAWTF Draft Recombination Plat.pdf (1.24 MB)

CN17Steve Adams, Real Estate & Public Utilities

Motion to approve Town of Cary moving forward with the recombination of the parcel Wake County PIN 0722-58-5884, into the larger parcel Wake County PIN 0722-48-4517 to become part of the Cary Apex Water Treatment Facility and authorize Town Manager to execute all related documents for the recombination plat.

Cary Apex Recombination Plat Cover Sheet_2021.23.11.pdf (0.09 MB)
CAWTF Draft Recombination Plat.pdf (1.24 MB)
Cary Apex Treatment Facility Imap.pdf (0.97 MB)

CN18Keith McGee, Fire Chief

Motion to approve a five-year agreement between the Town of Apex and HAAS Alert to provide automated vehicle safety alerts on fire apparatus that are motionless with warning lights in operation.

Cover Sheet_HAAS Alert Agreement with Fire.pdf (0.09 MB)

CN19Jacques K. Gilbert, Mayor

Motion to re-appoint Veronika Maynard-Simon and Mary Miskimon and to appoint Steven Mikes and Elizabeth O’Brien to the Tree Citizens Advisory Panel (TreeCAP).

TC Cover Sheet Board of Adjustment Appointments.pdf (0.09 MB)
Advisory Board Interest Form -Veronika Maynard-Simon redacted.pdf (0.10 MB)
Advisory Board Interest Form -Mary Miskimon redacted.pdf (0.10 MB)
Advisory Board Interest Form -Steven Mikes redacted.pdf (0.10 MB)
Advisory Board Interest Form -Elizabeth O'Brien redacted.pdf (0.10 MB)

CN20Dianne Khin, Director of Planning and Community Development

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 Date of Public Hearing for December 14, 2021 on the Question of Annexation – Apex Town Council’s intent to annex Matthew & Michelle Michela and Justin & Maryann Michela (Hudson Landing) property containing 10.54 acres located at 7517 Roberts Road, 2310 Pollard Place, & 2000 Cabin Cove Road, Annexation #718 into the Town’s corporate limits.

CN21Dianne Khin, Director of Planning and Community Development

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 Date of Public Hearing for December 14, 2021 on the Question of Annexation – Apex Town Council’s intent to annex Belinda Woodard Harris property containing 1.97 acres located at 2924 Evans Road, Annexation #713 into the Town’s corporate limits.

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 Bunce, Current Planning Manager

Public hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex Mian Lin property containing 1.14 acres located at 5921 Farmpond Road, Annexation #719 into the Town’s corporate limits.

Annex719 PH-Mian Lin.pdf (0.09 MB)
Ordinance 2021-1123-37 Annexation #719.pdf (0.16 MB)
PetitionLegalMaps.pdf (6.90 MB)

PH2Amanda Bunce, Current Planning Manager

Public hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex Linderman Properties, LLC (Triangle Math & Science Academy) property containing 20.083 acres located at 351 New Hill Olive Chapel Road, Annexation #720 into the Town’s corporate limits.

Annex720 PH.pdf (0.09 MB)
Ordinance 2021-1123-38 Annexation #720.pdf (0.24 MB)
PetitionLegalMaps.pdf (4.43 MB)

PH3Lauren Staudenmaier, Planner II

Public Hearing and possible motion to approve Rezoning Application #21CZ21 Beauregard Place at Weddington. The applicant, AG Wimberly LLC., seeks to rezone approximately 3.30 acres from Rural Residential (RR) to Low Density Residential-Conditional Zoning (LD-CZ). The proposed rezoning is located at 0 Wimberly Road.

21CZ21 Beauregard Place at Weddington Cover-PH.pdf (0.09 MB)
21CZ21 Beauregard Place at Weddington TC staff report-attachments.pdf (31.74 MB)

PH4Lauren Staudenmaier, Planner II

Public Hearing and possible motion to approve Rezoning Application #21CZ22 Old Ivey Road. The applicant, Ranjeet Agarwala, Estates at White Oak LLC., seeks to rezone approximately 8.82 acres from Rural Residential (RR) to Low Density Residential-Conditional Zoning (LD-CZ). The proposed rezoning is located at 1516 Old Ivey Road and 7620 McQueens Road.

21CZ22 Old Ivey Road Residential Cover-PH.pdf (0.09 MB)
21CZ22 Old Ivey Road TC staff report-attachments.pdf (15.01 MB)

PH5Sarah Van Every, Senior Planner

Public Hearing and possible motion to approve Rezoning Application #21CZ23 Scotts Ridge Office and Veterinary Hospital. The applicant, Jeff Roach, Peak Engineering and Design, LLC., seeks to rezone approximately 1.45 acres from Residential Agricultural (RA) to Neighborhood Business-Conditional Zoning (B1-CZ). The proposed rezoning is located at 0 & 6633 Apex Barbecue Road.

21CZ23 Scotts Ridge Office & Vet Hosp Cover-PH.pdf (0.09 MB)
21CZ23 Scotts Ridge Office & Veterinary Hospital TC staff report-attachments.pdf (12.29 MB)

PH6Shelly Mayo, Planner II

Public hearing and possible motion to approve Rezoning Application #21CZ25 Villages of Apex PUD Amendment. The applicant, Curteis Calhoun with Enclave Holdings, LLC, seeks to rezone approximately 3.62 acres from Planned Unit Development-Conditional Zoning (PUD-CZ #17CZ11) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0 Laura Duncan Road.

21CZ25 Villages of Apex PUD Amendment Cover-PH.pdf (0.09 MB)
21CZ25 Villages of Apex PUD Amendment - Staff Report & Attachments.pdf (45.22 MB)

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Steve Adams, Real Estate & Public Utilities

Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(5) to discuss the town’s negotiating position with respect to acquisition of real property.

Agenda Item Cover Sheet Closed Session 11-23-21.pdf (0.09 MB)

WORK SESSION

ADJOURNMENT