Virtual Regular Town Council Meeting 01/25/2022 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

• PR1Apex Town Council and Stephanie Mitchell of the Apex Public School Foundation

  Presentation of the Peak S.T.A.R. Award

• CS - Presentation by the Apex Public School Foundation.pdf (0.09 MB)

• PR2Jacques K. Gilbert, Mayor

  Presentation of Black History Month Proclamation

• CS-BHM Proclamation.pdf (0.09 MB)
• Black History Month Proclamation.pdf (0.19 MB)

• PR3Jacques K. Gilbert, Mayor

  Presentation of Proclamation recognizing Health and Humanity Yogathon 2022

• CS-Yogathon Proclamation.pdf (0.09 MB)
• Health for Humanity Yogathon 2022.pdf (0.19 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:

• CN1Amanda Bunce, Current Planning Manager

  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 January 11, 2022.

• Cover Jan112022 UDO Amendments-Statement.pdf (0.09 MB)
• Jan 11 2022 UDO Amendments-Statement.pdf (0.13 MB)

• CN2Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Shenandoah Homes, LLC to install a porch and house that will encroach 13 SF and steps that will encroach 9 SF onto Town’s Public Utility Easement and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet-316 Old Grove Lane Lot 18.pdf (0.09 MB)
• 02 Encroachment Agreement 316 Old Grove Lane.pdf (0.16 MB)
• 03 Exhibit A 316 Old Grove Lane Lot 18.pdf (1.72 MB)

• CN3Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Lennar Carolinas, LLC to install a driveway that will encroach 18 SF onto Town’s Public Drainage Easement and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet 2925 Watering Hole Way Lot 377.pdf (0.09 MB)
• 02 Encroachment Agreement 2925 Watering Hole Way.pdf (0.15 MB)
• 03 Exhibit A 2925 Watering Hole Way Lot 377.pdf (1.70 MB)

• CN4Steve Adams, Real Estate and Public Utilities

  Motion to approve deed of easement with Duke Energy Progress for underground electric easement and to authorize the Town Manager to execute the deed on behalf of the Town of Apex.

• Cover Sheet Consent Deed of Easement for Duke Energy at former Cotten Property.pdf (0.09 MB)
• Town of Cary and Town of Apex - Rev2.pdf (0.20 MB)
• Cary Apex Exhibit 1292021.pdf (0.66 MB)

• CN5Tesa Silver, Deputy Town Clerk

  Motion to approve Minutes of the December 14, 2021 Regular Town Council Meeting, the January 11, 2022 Regular Town Council Meeting, and the January 12, 2022 Special Town Council Meeting.

• CS-Minutes.pdf (0.09 MB)
• 2021.12.14 Meeting.pdf (0.24 MB)
• 2022.01.11 Meeting.pdf (0.24 MB)
• 2022.01.12 Meeting.pdf (0.22 MB)

• CN6Mary Beth Manville, Human Resources Director

  Motion to approve increasing the Legal Department’s Paralegal position from 0.5625 to 1.0 FTE, and corresponding Budget Ordinance Amendment no. 13.

• ACS Legal Dept FTE Increase.pdf (0.09 MB)
• Budget Ord. Amend. No. 13.pdf (0.32 MB)

• CN7Jason Armstrong, Chief of Police

  Motion to award badge and service handgun to Captain Ann Stephens who will retire from the Apex Police Department as of February 1, 2022

• CN-Police Surplus Equipment.pdf (0.09 MB)

• CN8Dennis Brown, Senior Capital Projects Manager 

  Motion to approve and authorize the Town Manager to execute Facility Encroachment Agreement with CSX Transportation, Inc. for the new Pleasant Park Project.

• 01 AGENDA ITEM COVER SHEET 2022.01.25 CSX-PL PARK.pdf (0.09 MB)
• 02 CSX Agreement.pdf (1.37 MB)
• 03 CSX913070 EXHIBIT A REV 1.pdf (4.98 MB)

• CN9Mary Beth Manville, Human Resources Director

  Motion to approve a revision to the Town’s Retiree Health Insurance Policy to allow new spouses to be added on to the Town’s Retiree Health insurance plan if the retiree’s spouse, who was covered at the time the retiree retired from the Town, passes away or drops coverage due to divorce.

• ACS Personnel Committee Retiree Health.pdf (0.10 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

• PH1Dianne Khin, Director of Planning and Community Development

  Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex Teresa L. Kirkpatrick, Charles K. Lewis & Francis J. Lewis, & Michael D. Clearly & Alison N. Clearly (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.

• AnnexPH-Alderwood PUD.pdf (0.09 MB)
• Ordinance 2022-0125-02.pdf (0.22 MB)
• PetitionLegalMaps.pdf (5.86 MB)

• PH2Shelly Mayo, Planner II

  Continued from the January 11, 2022 Town Council meeting. 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 Road Coversheet - PH.pdf (0.09 MB)
• 21CZ20 3075 Lufkin Rd Staff Report & Attachments.pdf (21.87 MB)

• PH3Shelly Mayo, Planner II

  Public hearing and possible motion to approve 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 Coversheet - PH.pdf (0.09 MB)
• 21CZ28 Retreat at Cedar Crossing PUD Amendment - Staff Report & Attachments.pdf (28.26 MB)

• PH4Shawn Purvis, Assistant Town Manager

  Public Hearing to receive input regarding the Town of Apex ADA Assessment and Transition Plan.

• CoverSheet_ADA_PH.pdf (0.09 MB)
• Town Council Final Presentation 010422.pdf (3.87 MB)
• Town of Apex Transition Plan_Final 011822.pdf (5.62 MB)
• ADA Policy and Procedure Review 011822.pdf (2.31 MB)
• ADA Website Review 011822.pdf (0.52 MB)
• Community Accessibility Survey Report_011822.pdf (4.23 MB)

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

WORK SESSION

ADJOURNMENT