Regular Town Council Meeting 09/13/2022 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

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 appoint Alyssa Stepusin and Mr. Daniel Khodaparast to the Apex Planning Board; and

  Motion to appoint Ryan Akers as Vice Chair of the Apex Planning Board

• Planning Board - Appointments Sept 2022 - Vice Chair and Two Vacant Seats.pdf (0.09 MB)

• CN2Shawn Purvis, Deputy Town Manager  

  Motion to appoint Electric Utilities Director Eric Neumann as the second alternate for the Town of Apex on the North Carolina Eastern Municipal Power Agency (NCEMPA) Board of Commissioners. 

• Appointment - NCEMPA Board of Commissioners - 2nd Alternate.pdf (0.09 MB)
• Second Alternate Oath of Office.pdf (0.06 MB)

• CN3Amanda Grogan, Director

  Motion to approve Budget Amendment 4 to allocate funds for Cost of Living Supplement for Retirees.

• 01 Cost of Living Supplement Cover Memo.pdf (0.09 MB)
• 02 Budget Ord. Amend. No. 4.pdf (0.08 MB)

• CN4Shawn Purvis, Deputy Town Manager (as Interim Finance Director)

  Motion to approve Budget Amendment 5 to allocate funds of $1,123,652 for acquisition of properties located on Templeton Street and Saunders Street for the purposes of public parking

• 01 Cover Budget Amend 5 - Downtown.pdf (0.09 MB)
• 02 Budget Ord. Amend. No. 5.pdf (0.08 MB)

• CN5Allen Coleman, Town Clerk

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

  May 24, 2022, Regular Town Council Meeting

  June 07, 2022, Budget Work Session – Town Council Meeting

  June 14, 2022, Regular Town Council Meeting

  June 28, 2022, Regular Town Council Meeting 

• MINUTES Coversheet - Sept 13 2022.pdf (0.09 MB)

• CN6Michael S. Deaton, PE, Director

  Motion to approve an agreement with NCDOT and to authorize the Town Manager to execute the agreement on behalf of the Town.

• 01 Coversheet.pdf (0.09 MB)
• 02 NCDOT-Town of Apex-JVI Bldg & Dev_License Agreement for Property Encroachment_D&SC MP DD-16.45.pdf (0.65 MB)

• CN7Jessica Bolin, P.E., Stormwater Engineering Manager

  Motion to approve the North Carolina Land and Water Fund (NCLWF) grant contract and to authorize the Town Manager to execute the contract on behalf of the Town and to further authorize the Town Manager to approve and execute additional conservation easement declarations required as part of the stream restoration in a form approved by the Town Attorney.

• 01 CN - NCLWF grant contract Cover Sheet.pdf (0.09 MB)
• 02 2021-401 Grant Contract Document.pdf (0.39 MB)
• 03 Easement Declaration Template.pdf (0.31 MB)

• CN8Michael Deaton, P.E., Director

  Motion to approve a Fee-in-Lieu (FIL) in the amount of $44,947.75 for an 8-inch waterline located along the Sunset Meadows Drive frontage of the Jenks Road Veterinarian project site.  

• 01 Coversheet.pdf (0.09 MB)
• 02 Waterline Fee-in-Lieu-Signed.pdf (0.30 MB)

• CN9Jessica Bolin, P.E., Stormwater Engineering Manager

  Motion to approve the Memorandum of Understanding (MOU) between the Town and the Clean Water Education Partnership (CWEP) and to authorize the Town Manager to execute the MOU on behalf of the Town.

• 01 CN - CWEP MOU Agenda Cover sheet.pdf (0.09 MB)
• 02 FY 23 CEWP MOU with fee schedule (pre-audited).pdf (0.67 MB)

• CN10Amanda Grogan, Director

  Motion to approve the Memorandum of Understanding (MOU) between the Town and Triangle J Council of Governments (TJ COG) and to authorize the Town Manager to execute the MOU on behalf of the Town.

• 01 CN - Solarize MOU Agenda Cover sheet.pdf (0.09 MB)
• MOA_TSP_TJCOG_Apex08162022pp.pdf (0.62 MB)

• CN11Shawn Purvis, Deputy Town Manager

  Motion to approve resolution authorizing the Town Manager to accept donations of personal property

• 01 Resolution - Delegating Authority to Accept Donations Cover.pdf (0.09 MB)
• 02 Resolution - Delegating Authority to Accept Donations.pdf (0.01 MB)

• CN12Liz Loftin, Senior Planner

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case #22CZ10 Calyx Senior Living Apex (KOBRA PUD Amendment), TMTLA Associates, petitioner, for the property located at 7501 Jenks Road (PIN 0732196422).

• 22CZ10 Calyx Senior Living Kobra PUD Amendment Cover-CN.pdf (0.09 MB)
• 22CZ10 Rezoning Statement and Ordinance.pdf (0.03 MB)
• 22CZ10 Calyx Senior Living Attachment A Legal Description.pdf (0.07 MB)
• 22CZ10 Calyx Senior Living PUD Attachment B text-plan.pdf (3.25 MB)

• CN13Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application #22CZ15 CarSpace Apex, Chris Rurkowski, TMTLA Associates, petitioner, for the property located at 1720 & 1740 Pinnacle Center Drive (PINs 0751272154 & 0751270023).

• 22CZ15 CarSpace Apex Cover S&O.pdf (0.09 MB)
• 22CZ15 CarSpace Apex Statement and Ordinance.pdf (0.18 MB)

• CN14Lauren Staudenmaier, Planner II

  Motion to set Public Hearing for the September 27, 2022 Town Council meeting regarding Rezoning Application #22CZ16 1039 Irongate Drive. The applicant, Aaron Robertson, seeks to rezone approximately 0.46 acres from Rural Residential (RR) to Medium Density-Conditional Zoning (MD-CZ). The proposed rezoning is located at 1039 Irongate Drive.

• 22CZ16 1039 Irongate Drive CN-SPH.pdf (0.09 MB)
• 22CZ16 1039 Irongate Drive aerial-application.pdf (10.18 MB)

• CN15Sarah Van Every, Senior Planner

  Motion to set Public Hearing for the September 27, 2022 Town Council meeting regarding Rezoning Application #21CZ17 Ten Ten Business Park.  The applicant, M. Gray Styers, J National Capital V, LLC., seeks to rezone approximately 4.6 acres from Residential Agricultural (RA) to Light Industrial-Conditional Zoning (LI-CZ). The proposed rezoning is located at 2132 Ten Ten Road.

• 21CZ17 Ten Ten Business Park Cover Sheet CN-SPH.pdf (0.09 MB)
• 21CZ17 2132 Ten Ten Road Business Park Map-Application.pdf (52.15 MB)

• CN16Allen Coleman, Town Clerk

  Motion to approve the Apex Tax Report dated July 31, 2022.

• CS Tax Report.pdf (0.09 MB)
• APEX-TXREP-SEPT2022-MTG-ACOLEMAN.pdf (0.82 MB)

• CN17Dianne Khin, Director of Planning and Community Development

  Motion to approve the Statement of the Apex Town Council pursuant to G.S. 160D-605(a) addressing action on the Unified Development Ordinance (UDO) Amendments of August 23, 2022.

• Cover August 2022 UDO Amendments-Statement.pdf (0.09 MB)
• August 2022 UDO Amendments-Statement.pdf (0.15 MB)

• CN18Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the September 27, 2022 Town Council meeting regarding various amendments to the Unified Development Ordinance (UDO).

• Sept 2022 UDO Amendments Cover CN-SPH.pdf (0.09 MB)

PRESENTATIONS

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

• PH1Jenna Shouse, Senior Long Range Planner

  Public hearing and possible motion to amend the Bicycle and Pedestrian System Plan map to add proposed bicycle lanes along Laura Duncan Road between Old Apex Road and the Town of Apex boundary with the Town of Cary.

• TC Cover Sheet_Laura Duncan Bike Lanes.pdf (0.09 MB)
• TC_Staff Report_Laura Duncan Bike Lanes BikePed Plan Amend.pdf (0.50 MB)

• PH2Brian Meyer, Joe Curtin, Trevor Johnson

  Public hearing and possible motion to adopt an ordinance amendment to Chapter 10, Article I of the Town Code.

• Agenda Cover sheet -Chp. 10 Amendment (1).pdf (0.09 MB)
• Nuisance Ordinance Amendment PowerPoint.pdf (1.91 MB)
• Chp. 10 Ordinance Amendment.pdf (0.04 MB)

OLD BUSINESS

• OB1Shawn Purvis, Deputy Town Manager

  Motion to approve the Town’s Strategic Plan Framework for the Apex Strategic Plan 2022, and adopt a resolution titled “Resolution of Apex Town Council Adopting the Apex Strategic Plan”.

• 01 Strategic Plan Framework Adoption.pdf (0.09 MB)
• 02 Strategic Plan Framework 2022.pdf (0.17 MB)
• 03 Resolution - Strategic Plan Frame Work Adoption.pdf (0.02 MB)

UNFINISHED BUSINESS

• UB1Lauren Staudenmaier, Planner II

  Possible motion to approve Rezoning Application #22CZ06 Yellowbridge PUD. The applicant, Matthew Carpenter for Lennar Carolinas, seeks to rezone approximately 48.24 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 2813 & 2817 US 64 Highway West.

• 22CZ06 Yellowbridge PUD Cover.pdf (0.09 MB)
• 22CZ06 Yellowbridge PUD TC Staff Report-attachments.pdf (55.42 MB)

NEW BUSINESS

UPDATES BY TOWN MANAGER

ADJOURNMENT