Virtual Regular Town Council Meeting 01/11/2022 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

• PR1Jacques K. Gilbert, Mayor

  Presentation of Dr. Martin Luther King Jr., Day Proclamation

• CS-Dr. Martin Luther King Jr. Day.pdf (0.09 MB)
• Dr. Martin Luther King Jr. Day.pdf (0.19 MB)

• PR2Jacques K. Gilbert, Mayor

  Recognition of Accomplishment for Apex Cougars Pop Warner Cheer Team.

• CS-Recognition of Accomplishment Apex Cougars.pdf (0.09 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:

• CN1Adam Stephenson, Transportation Engineering Manager

  Motion to approve Municipal Agreement with NCDOT for Inspection of Bridges on the Municipal Street System F.A. Project BRZ-NBIS (22), Option C, and authorize Town Manager to execute same.

• 01 Cover NCDOT Municipal Bridge Inspection Agreement.pdf (0.09 MB)
• 02 Option C Municipal Bridge Inspection Agreement_2021.pdf (1.66 MB)

• CN2Shelly Mayo, Planner II

  Motion to set the Public Hearing for the January 25, 2022 Town Council meeting regarding Rezoning Application #21CZ28 Retreat at Cedar Crossing PUD Amendment. The applicant, Toll Southeast LP Company, Inc., seeks to rezone approximately 36.54 acres from Planned Unit Development-Conditional Zoning (PUD-CZ #18CZ12) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 433 New Hill Olive Chapel Road; 0, 1310, 1311, 1314, 1315, 1318, 1319, 1322, 1323, 1328, 1332, 1336, 1340, 1346, 1350, 1354, 1358, 1362, 1366, 1361, 1357, 1353, 1349, 1345, 1341, 1335, & 1329 Mascoma Drive; 1212, 1220, 1216, 1208, 1204, 1201, 1205, & 1209 Blue Mist Court; 0, 0, 0, 3528, 3524, 3520, 3516, 3512, 3508, 3504, 3525, 3521, 3517, & 3500 Olive Glen Drive; & 0, 0, & 3510 Tuftonboro Lane.

• 21CZ28 Retreat at Cedar Crossing PUD Amendment Cover - CN-SPH.pdf (0.09 MB)
• 21CZ28 Cedar Crossing PUD Amendment - Map&Application.pdf (21.96 MB)

• CN3Dianne 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 January 25, 2022 on the Question of Annexation – Apex Town Council’s intent to annex Teresa L. Kirkpatrick, Charles K. Lewis & Francis J. Lewis, & Michael D. Cleary & Alison N. Cleary (Alderwood PUD) property containing 9.96 acres located at 8016 Jenks Road, 8000 Jenks Road, 7912 Jenks Road,  Annexation #722 into the Town’s corporate limits.

• AnnexCN-Alderwood PUD.pdf (0.09 MB)
• Annexation #722.pdf (4.40 MB)
• Legal Description.pdf (0.19 MB)
• PetitionLegalMaps.pdf (5.86 MB)

• CN4Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owners Taylor Morrison of Carolinas, Inc. to install a concrete door stoop that will encroach 7 S.F. and an AC unit that will encroach 9 S.F. onto the 10’ Dry Utility Easement and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet - 2503 Hutch Lane Lot 253 Encroachment Agreement.pdf (0.09 MB)
• 02 2503 Hutch Lane Lot 253 Encroachment Agreement.pdf (0.16 MB)
• 03 2503 Hutch Lane Lot 253 Exhibit A.pdf (1.66 MB)

• CN5Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owners Taylor Morrison of Carolinas, Inc. to install a concrete door stoop that will encroach 7 S.F. and an AC unit that will encroach 9 S.F. onto the 10’ Dry Utility Easement and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet - 2505 Hutch Lane Lot 252 Encroachment Agreement.pdf (0.09 MB)
• 02 2505 Hutch Lane Lot 252 Encroachment Agreement.pdf (0.16 MB)
• 03 2505 Hutch Lane Lot 252 Exhibit A.pdf (1.66 MB)

• CN6Tesa Silver, Deputy Town Clerk

  Motion to approve Minutes of the November 23, 2021 Regular Council Meeting.

• CS-Minutes.pdf (0.09 MB)
• 2021.11.23 Meeting.pdf (0.25 MB)

• CN7Tesa Silver, Deputy Town Clerk

  Motion to approve the Apex Tax Report dated December 1, 2021.

• CS-Tax Report.pdf (0.09 MB)
• Apex Tax Report.pdf (0.54 MB)

• CN8Erika Sacco, Director

  Motion to have ESRI GIS Small Government Team Enterprise Licensee agreement approved for 3-year renewal.

• ESRI-Cover Sheet Town Council Approval.pdf (0.09 MB)
• Small Government Enterprise Agreement Renewal quote.pdf (0.21 MB)

• CN9Motion to reappoint John Garrison, and appoint Jason Maynard and Adam Efird as members on the Environmental Advisory Board (EAB). 

• 01-Agenda Item Cover Sheet_EAB New Membership_Jan. 2022.pdf (0.10 MB)
• Advisory Board Interest Form - Garrison.pdf (0.14 MB)
• Advisory Board Interest Form - Maynard.pdf (0.08 MB)
• Advisory Board Interest Form - Efird.pdf (0.08 MB)

• CN10Motion to reappoint Katie Schaaf and Suzanne Mason as Chair and Vice Chair, respectively, of the Environmental Advisory Board (EAB).

• 01-Agenda Item Cover Sheet_EAB Chair & Vice Chair 2022.pdf (0.03 MB)

• CN11Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to close and use the Town Hall Parking Lot and roads for the Apex Chamber of Commerce’s Run the Peak special event, and adopt ordinances modifying Town Code Section 14-14 for the Town Hall Parking Lot, 73 Hunter Street for the special event on March 12, 2022.

• Agenda Item Cover for Run the Peak Special Event.pdf (0.09 MB)
• Special Event Application Cover Sheet - 01-11-21.pdf (0.07 MB)
• Modification of Sec 14-14 for parking lot closed for Run The Peak (revised).pdf (0.01 MB)
• Run the Peak 5K & Staff Map Site Plan.pdf (0.76 MB)

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

• PH1Liz Loftin, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application #21CZ19 1016 N. Salem Street. The applicant, Courtney Landoll, WithersRavenel, seeks to rezone approximately 0.426 acres from Residential Agricultural (RA) to Medium Density Residential-Conditional Zoning (MD-CZ). The proposed rezoning is located at 1016 N. Salem Street.

• 21CZ19 1016 N. Salem Street Cover-PH.pdf (0.09 MB)
• 21CZ19 1016 N. Salem Street TC staff report-attachments.pdf (21.85 MB)

• PH2Shelly Mayo, Planner II

  Public Hearing and possible motion to approve Rezoning Application #21CZ20 3075 Lufkin Road. The applicant, Al Goodrich of Wigeon Capital, LLC., seeks to rezone approximately 3.08 acres from Planned Commercial-Conditional Use (PC-CU #94CU21 & #98CU14) and Planned Commercial (PC) to Light Industrial-Conditional Zoning (LI-CZ). The proposed rezoning is located at 3075 Lufkin Road.

• 21CZ20 3075 Lufkin Rd Cover - PH.pdf (0.09 MB)
• 21CZ20 3075 Lufkin Rd Staff Report & Attachments.pdf (19.90 MB)

• PH3Amanda Bunce, Current Planning Manager

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

• Cover Dec21-Jan22 UDO Amendment-PH.pdf (0.09 MB)
• TC Staff Report Dec21-Jan22 UDO Amendments.pdf (1.25 MB)
• Ordinance Jan 11 2022 UDO amendments.pdf (0.18 MB)

• PH4Amanda Grogan, Budget & Performance Manager

   Public Hearing to receive citizen input regarding the formulation of the Fiscal Year 2022-2023 Annual Budget.

• CS_ Prebudget public Hearing.pdf (0.09 MB)

OLD BUSINESS

• OB1Christopher “C.J.” Valenzuela, Housing Program Manager

  Possible motion to provide financial support to DHIC, Inc. for the affordable housing project known as Broadstone Walk in the form of a loan from the Affordable Housing Fund for construction contingent upon final project approval and approve corresponding Budget Ordinance Amendment No. 12.

• TC Cover Sheet - Broadstone Walk (Old Business Item).pdf (0.10 MB)
• TC Staff Report - Broadstone Walk (Old Business Item).pdf (0.08 MB)
• Budget Ord. Amend. No. 12 AFH.pdf (0.10 MB)

• OB2Vance Holloman, Finance Director

  Possible motion to approve a Resolution declaring the results of the bond referendum held in the Town of Apex, North Carolina on November 2, 2021, upon the question of approving $42,000,000 Street and Sidewalk Improvement Bonds.  

• COVER SHEET Results of Bond Refrendum.pdf (0.09 MB)
• Resolution Declaration of Result.pdf (0.19 MB)
• Certified Results of Bond Refrendum.pdf (0.73 MB)
• Legal Notice Statement of Result.pdf (0.05 MB)

UNFINISHED BUSINESS

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

WORK SESSION

ADJOURNMENT