Regular Town Council Meeting 10/22/2024 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:

• CN1Allen Coleman, Town Clerk

  Motion to confirm the following leadership positions on the Transit Advisory Committee (TAC) for fiscal year 2024-2025:

  • Andrew Werking, Chair of the Transit Advisory Committee (TAC)
  • Nick Bryant, Vice-Chair of the Transit Advisory Committee (TAC)
• CN1 - Coversheet - Appointments - Transit Advisory Committee (TAC) - Chair and Vice-Ch.pdf (0.10 MB)

• CN2Shannon Cox, Long-Range Planning Manager

  Motion to adopt Budget Ordinance Amendment No. 4 to fund downtown parking mitigation strategies.

• CN2 - Coversheet - Budget Ordinance Amendment No. 4 - Downtown Parking Mitigation Strategies.pdf (0.09 MB)
• CN2-A1: Budget Ordinance Amendment No. 4 - Downtown Parking Mitigation Strategies.pdf (0.04 MB)
• CN2-A2: Parking Mitigation Budget Estimate Summary - Downtown Parking Mitigation Strategies.pdf (0.08 MB)

• CN3Adam Stephenson, Transportation Engineering Manager

  Motion to award a Construction Agreement between FSC II, LLC (dba Fred Smith Company) and the Town of Apex for construction of the Saunders Parking Lot project and authorize the Town Manager, or their designee, to execute on behalf of the Town.

• CN3 - Coversheet - Construction Contract Award - Fred Smith Company - Saunders St. Parking Lot.pdf (0.09 MB)
• CN3-A1: Agreement Fred Smith Company – Saunders Street Parking Lot Construction.pdf (0.13 MB)
• CN3-A2: Bid Tabulation – Saunders Street Parking Lot Construction.pdf (0.07 MB)

• CN4Michael S. Deaton, P.E., Director

  Motion to approve a Development Agreement between the Town of Apex and RXR Len Apex Owner LLC (RXR) related to construction of oversized gravity sewer outfall and to authorize the Town Manager to execute the same.

• CN4 - Coversheet - Development Agreement - RXR Len Apex Owner LLC - Veridea Gravity Sewer.pdf (0.10 MB)
• CN4-A1: Development Agreement – RXR Len Apex Owner LLC – Veridea Gravity Sewer.pdf (0.54 MB)

• CN5Michael S. Deaton, P.E., Director

  Motion to approve a Development Agreement between the Town of Apex and RXR Len Apex Owner LLC (RXR) related to construction of oversized gravity sewer outfall and to authorize the Town Manager to execute the same.

• CN5 - Coversheet - Development Agreement No. 2 - RXR Len Apex Owner LLC RXR - Veridea Upsizing Sewer.pdf (0.10 MB)
• CN5-A1: Development Agreement No. 2 - RXR Len Apex Owner LLC RXR - Veridea Upsizing Sewer.pdf (0.43 MB)

• CN6Michael S. Deaton, P.E., Director

  Motion to approve a Utility Infrastructure Reimbursement Agreement with RXR Len Apex Owner LLC (RXR) related to oversized construction of the Big Branch 1 Regional Pump Station, associated sewer force main, and waterline, and to authorize the Town Manager to execute the same.

• CN6 - Coversheet - Developer Agreement - Utility Infrastructure Reimbursement Agreement - RXR Len Apex Owner LLC - Big Branch 1 Regional Pump Station.pdf (0.10 MB)
• CN6-A1 Utility Infrastructure Reimbursement Agreement - RXR Len Apex Owner LLC - Big Branch 1.pdf (0.57 MB)

• CN7Michael S. Deaton, P.E., Director

  Motion to approve a Development Agreement between the Town of Apex and RXR Len Apex Owner LLC (RXR) related to construction of water line and to authorize the Town Manager to execute the same.

• CN7 - Coversheet - Developer Agreement No. 4 - RXR Len Apex Owner LLC (RXR) - Technology Drive Waterlines.pdf (0.10 MB)
• CN7-A1 Developer Agreement No. 4 – RXR Len Apex Owner LLC (RXR) - Technology Drive Waterlines.pdf (0.37 MB)

• CN8Michael S. Deaton, P.E., Director

  Motion to approve a Development Agreement between the Town of Apex and RXR Len Apex Owner LLC (RXR) related to construction of water line in excess of that need by the developer and to authorize the Town Manager to execute the same.

• CN8 - Coversheet - Developer Agreement No. 5 - RXR Len Apex Owner LLC (RXR) - Extra Water Lines.pdf (0.10 MB)
• CN8-A1: Developer Agreement No. 5 w-Exhibits - RXR Len Apex Owner LLC (RXR) - Extra Water Lines.pdf (0.53 MB)

• CN9Angela Reincke, Parks Planning Manager

  Motion to approve a payment of Fee-In-Lieu (FIL) of dedication for the Veridea East Village Residential Master Subdivision Plan (MSP) as recommended by the Technical Review Committee (TRC) on 03/23/2023 at the 2023 rate of $2,381.87 MF/unit; $2705.23 SFA/unit; and $4016.66 SFD/unit.

• CN9 - Coversheet - Fee-In-Lieu - Veridea East Village - Master Subdivision Plan.pdf (0.10 MB)
• CN9-A1: Veridea – East Village Residential – Phase 1-2 – Vicinity Map.pdf (2.56 MB)
• CN9-A2: Veridea – East Village Residential – Master Subdivision Plan.pdf (4.32 MB)

• CN10Angela Reincke, Parks Planning Manager

  Motion to approve a payment of Fee-In-Lieu (FIL) of dedication for the Veridea Mixed Use Major Site Plan (MSP) as recommended by the Technical Review Committee on 06/27/2024 at the 2024 rate of $2,470.00 MF/unit.

• CN10 - Coversheet - Fee-In-Lieu - Veridea Mixed Use - Major Site Plan (MSP).pdf (0.10 MB)
• CN10-A1: Veridea - Mixed Use Major Site Plan - Vicinity Map.pdf (2.89 MB)
• CN10-A2: Veridea – Mixed Use Major.pdf (2.41 MB)

• CN11Antwan Morrison, Finance Director

  Motion to adopt the following resolutions authorizing the later issuance of public funding to pay for prior expenditures:

  (A)Reimbursement Resolution for Water and Sewer Projects

  (B)Reimbursement Resolution for Electric Projects

• CN11 - Coversheet - Bond Reimbursement Electric Projects and Water and Sewer Pr.pdf (0.09 MB)
• CN11-A1: Reimbursement Resolution Bond 2025 – Water and Sewer Projects.pdf (0.02 MB)
• CN11-A2: Reimbursement Resolution Bond 2025 – Electric Projects.pdf (0.02 MB)

• CN12Lisa Raschke, Special Events Manager

  Motion to approve Draft No. 14 of the Town Organized Special Events Policy.

• CN12 - Coversheet - Special Events Policy - Town Organized Events.pdf (0.09 MB)
• CN12-A1: Town Organized Special Event Policy – Draft No. 14.pdf (0.38 MB)

• CN13Steve Maynard, Purchasing and Contracts Manager

  Motion to declare the following vehicle as surplus, authorize the sale of said vehicle, and authorize the Purchasing and Contracts Manager and the Town Manager, or their designee, to sign documents necessary to complete the sale:

  Vehicle: 2004 Emergency One 75’ Ladder Truck, VIN No. 4ENRAAA8X41007598

• CN13 - Coversheet - Surplus Vehicle - 2004 Emergency One 75' Ladder Truck.pdf (0.09 MB)

• CN14Allen Coleman, Town Clerk

  Motion to approve the Apex Tax Report dated September 4, 2024.

• CN14 - Coversheet - Tax Report - August 2024.pdf (0.09 MB)
• CN14-A1: Tax Report for August 2024.pdf (0.72 MB)

PRESENTATIONS

• PR1Mayor Jacques K. Gilbert

  Proclamation recognizing the Month of November 2024 as "American Indian Heritage Month", in the Town of Apex, and urging all residents to observe this month with reverence for the history of our land, and participate in appropriate ceremonies, activities, and educational opportunities.

• Proclamation - American Indian Heritage Month 2024 - November 2024.pdf (0.14 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

• PH1Joshua Killian, Planner I

  Public hearing and possible motion concerning Rezoning Application No. 24CZ14 Broadstone PUD Amendment. The applicant, Angel Management, Inc, seeks to rezone approximately 5.84 acres from Planned Unit Development-Conditional Zoning (PUD-CZ No. 19CZ03) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0 South Hughes Street. 

• PH1 - Coversheet - Rezoning Case No. 24CZ14 - Broadstone PUD Amendment.pdf (0.10 MB)
• PH1-A1: Staff Report - Rezoning Case No. 24CZ14 - Broadstone PUD Amendment.pdf (19.84 MB)
• PH1-A2: Planning Board Report to Town Council - Rezoning Case No. 24CZ14 - Broadstone PUD Amendment.pdf (2.51 MB)
• PH1-A3: Attachment A – Legal Description - Rezoning Case No. 24CZ14 - Broadstone PUD Amendment.pdf (0.11 MB)

• PH2Shelly Mayo, Planner II

  Public hearing and possible motion to approve and adopt by resolution the 2025-2030 Wake County Multi-Jurisdictional Hazard Mitigation Plan Update.

• PH2- Coversheet - 2025-2030 Wake Co. Mulit-Jursidictional Hazard Mitigation Plan.pdf (0.09 MB)
• PH2-A1: Staff Report, Resolution Adopting Wake County Multi-Jurisdictional Hazard Mitigation Plan Update, Multi-Jurisdictional Hazard Mitigation Plan 2024, Notice of Public Hearing.pdf (41.33 MB)
• PH2-A2: Planning Board Report to Town Council.pdf (0.63 MB)

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Mayor Jacques K. Gilbert

  Motion to enter into closed session pursuant to NCGS 143-318.11(a)(3) to consult with the Town Attorney in order to preserve attorney-client privilege.

• CS1 - Coversheet - Closed Session - NCGS § 143-318.11(a)(3).pdf (0.09 MB)

ADJOURNMENT