Regular Town Council Meeting 02/27/2024 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:

CN1Angela Reincke, Parks Planning Project Manager

Motion to approve a Supplemental Agreement with North Carolina Department of Transportation (NCDOT) for $3,442,629 in additional funding for the EB-6021 Beaver Creek Greenway Project and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

CN2Allen Coleman, Town Clerk

Motion to confirm the following leadership positions on the Apex Board of Adjustment (BOA) for calendar year 2024:
- Robert Carmac, Chair of the Apex Board of Adjustment (BOA)
- Tracy Taylor, Vice-Chair of the Apex Board of Adjustment (BOA)

CN2 - Coversheet - Appointments - Board of Adjustment (BOA) - Chair - Vice-Chair.pdf (0.09 MB)

CN3Allen Coleman, Town Clerk

Motion to reappoint the following Apex Planning Board members each for a (2) two-year term expiring December 31, 2025:

PB-008 – Alyssa Byrd – reappointment for 2nd Term

PB-009 – Daniel Khodaparast – reappointment for 2nd Term

PB-006 – Steven Rhodes – reappointment for 2nd Term

PB-002 – Tina Sherman – reappointment for 3rd Term

Motion to recommend the Wake County Commissioners’ reappoint the following Apex Planning Board member, ETJ Representative, for a (2) two-year term expiring December 31, 2025:

PB-003 – Tim Royal – reappointment for 3rd Term

Motion to appoint Preston Mitchell to the Apex Planning Board for a (2) two-year term expiring December 31, 2025:

PB-001 - Preston Mitchell – appointment for 1st Term

CN4Allen Coleman, Town Clerk

Motion to confirm the following leadership positions on the Apex Planning Board for calendar year 2024:
- Tina Sherman, Chair of the Apex Planning Board
- Tim Royal, Vice-Chair of the Apex Planning Board

CN4 - Coversheet - Appointments - Planning Board Chair - Vice Chair.pdf (0.09 MB)

CN5Angela Reincke, Parks Planning Project Manager

Motion to adopt Capital Project Ordinance Amendment No. 2024-12 to cover additional cost of existing deficit ($508,500) and an amount equal to 10% of the contract costs, for the construction of Middle Creek Greenway Phase I and Phase IIB, and to appropriate funds already received in the various Capital Project funds.

CN6 Steve Adams, Utility Acquisition and Real Estate Specialist

Motion to adopt Capital Project Ordinance Amendment 2024-13 appropriating recreation reserve funds for the purchase of Wimberly Road Property

CN7Angela Reincke, Parks Planning Project Manager
1. Motion to approve an amendment to the construction contract awarded with Fred Smith Co., previously approved on August 8, 2023 and September 9, 2023, for the extension of Beaver Creek Greenway Phase 1, 1A, and II and authorize Interim Town Manager, or their designee, to execute on behalf of the Town.
1. Motion to approve a Supplemental Agreement with Fred Smith Co. for a memorializing contract amendment, and to sign the recommendation of approval of North Carolina Department of Transportation (NCDOT) EB-6021 Supplemental Agreement No. 1, and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

CN8Allen Coleman, Town Clerk

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

February 13, 2024 – Regular Town Council Minutes

CN9Chris Johnson, P.E., MPA, Director

Motion to approve an Encroachment Agreement between the Town and property owner Taylor Morrison of Carolinas, Inc., located at 2512 Canarywood Lane, Apex, NC 27523, to install a sidewalk that will encroach 8 square feet (SF) and a driveway that will encroach 81 square feet (SF) onto the Town of Apex Public Drainage Easement and authorize the Interim Town Manager, or their designee, to execute the same.

CN9 - Coversheet - Encroachment Agreement - 2512 Canarywood Lane Lot 31.pdf (0.09 MB)
CN9-A1: Encroachment Agreement - 2512 Canarywood Lane Lot 31.pdf (0.18 MB)
CN9-A2: Exhibit A - 2512 Canarywood Lane Lot 31.pdf (0.98 MB)

CN10Chris Johnson, P.E., MPA, Director

Motion to approve an encroachment agreement between the Town and property owner Taylor Morrison of Carolinas, Inc., located at 2516 Canarywood Lane, Apex, NC 27523, to install a sidewalk that will encroach 11 square feet (SF) and a driveway that will encroach 12 square feet (SF) onto the Town of Apex Public Drainage Easement and authorize the Interim Town Manager, or their designee, to execute the same.

CN11Antwan Morrison, Director

Motion to approve a Voluntary Annexation Agreement (RE: Annexation No. 748 – Apex Gateway Phase II) with North Chatham Volunteer Fire Department and to authorize staff to proceed with payment of $6,349.45, which is a pro-rata share of the department’s debt pursuant to North Carolina General Statute 160A-31.1.

CN12Antwan Morrison, Director
1. Motion to adopt a Reimbursement Resolution for Municipal Building Projects authorizing a latter issuance of public funding to pay for these prior expenditures.
1. Motion to adopt a Reimbursement Resolution for Parks and Recreation Projects authorizing a latter issuance of public funding to pay for these prior expenditures.

CN13Amanda 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 February 13, 2024.

PRESENTATIONS

PR1Mayor Jacques K. Gilbert

Proclamation recognizing the Month of March 2024 as Bleeding Disorders Awareness Month and urges the community to join in helping to provide more support, understanding, and funding to help fight these diseases in order to one day find a cure.

PR1 - Proclamation - Bleeding Disorders Awareness Month - March 2024.pdf (0.10 MB)

PR2Mayor Jacques K. Gilbert

Proclamation recognizing the Month of March 2024, Women's History Month, and invite all residents to thank a woman in their life for the things they do every day to make the world around them a better and more inclusive place.

PR2 - Proclamation - Women's History Month - March 2024.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

Conduct a Public Hearing and possible motion to adopt Ordinance on the Question of Annexation - Apex Town Council's intent to annex 3.431 acres, located at 1075 South Hughes Street, Chick-Fil-A, Annexation No. 773 into the Town Corporate limits.

PH1 - Coversheet - Annexation No. 773 - 1075 South Hughes Street - Chick-Fil-A - 3.431 acres.pdf (0.09 MB)
PH1-A1 - Annexation Ordinance - Annexation No. 773 - 1075 South Hughes Street - Chick-Fil-A - 3.431 acres.pdf (0.03 MB)
PH1-A2: Public Hearing Notice - Annexation No. 773.pdf (0.45 MB)
PH1-A3: Legal Description – Annexation No. 773.pdf (0.02 MB)
PH1-A4: Aerial Map – Annexation No. 773.pdf (1.25 MB)
PH1-A5: Plat Map – Annexation No. 773.pdf (0.47 MB)
PH1-A6: Annexation Petition – Annexation No. 773.pdf (4.43 MB)

PH2Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt Ordinance on the Question of Annexation - Apex Town Council's intent to annex 2.80 acres, located at 1133 Twin Creek Road, Annexation No. 775 into the Town Corporate limits.

PH2 - Coversheet - Annexation No. 775 - 1133 Twin Creek Road - 2.80 acres.pdf (0.09 MB)
PH2-A1 - Annexation Ordinance - Annexation No. 775 - 1133 Twin Creek Road - 2.80 acres.pdf (0.03 MB)
PH2-A2: Public Hearing Notice - Annexation No. 775.pdf (0.50 MB)
PH2-A3: Legal Description – Annexation No. 775.pdf (0.05 MB)
PH2-A4 - Aeriel Map – Annexation No. 775.pdf (1.62 MB)
PH2-A5: Plat Map – Annexation No. 775.pdf (0.29 MB)
PH2-A6: Annexation Petition – Annexation No. 775.pdf (1.94 MB)

PH3Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt Ordinance of Annexation - Apex Town Council's intent to annex 2.90 acres, Sundance of NC, LLC, located on Salem Church Road, Annexation No. 776 into the Town Corporate limits.

PH3 - Coversheet - Annexation No. 776 - Sundance of NC LLC - Salem Church Road - 2.90 acres.pdf (0.09 MB)
PH3-A1 - Annexation Ordinance - Annexation No. 776 - Sundance of NC, LLC - Salem Church Road - 2.90 acres.pdf (0.03 MB)
PH3-A2: Public Hearing Notice – Annexation No. 776.pdf (0.48 MB)
PH3-A3: Legal Description – Annexation No. 776.pdf (0.05 MB)
PH3-A4: Aerial Map – Annexation No. 776.pdf (1.53 MB)
PH3-A5: Plat Map – Annexation No. 776.pdf (0.32 MB)
PH3-A6: Annexation Petition – Annexation No. 776.pdf (1.74 MB)

PH4Liz Loftin, Senior Planner

Public Hearing and possible motion to approve Rezoning Application No. 23CZ17 0 Herbert Street. The applicant, Russell Copersito, Salem Street Realty, LLC, seeks to rezone approximately .27 acres from Medium Density Residential (MD) to Neighborhood Business-Conditional Zoning (B1-CZ). The proposed rezoning is located at 0 Herbert Street.

PH5Liz Loftin, Senior Planner

Public Hearing and possible motion to approve Rezoning Application No. 23CZ23. The applicant, Town of Apex, seeks to rezone approximately 2.41 acres from Medium Density Residential (MD) & Mixed Office-Residential-Retail-Conditional Zoning (MORR-CZ #09CZ12) to Downtown Business-Conditional Zoning (B2-CZ).

The proposed rezoning is located at 0 & 211 Templeton Street, 0 Saunders Street.

PH6Sajid Hassan, P.E., Traffic Safety Engineer

Public Hearing and possible motion regarding amendments to the Unified Development Ordinance (UDO) related to the traffic calming criteria and process.

PH7Amanda Bunce, Current Planning Manager

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

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Mayor Jacques K. Gilbert

Possible motion to enter into closed session pursuant to NCGS § 143-318.11(a)(6) to consider a personnel matter.

CS1 - Coversheet - Closed Session - NCGS 143-318.11(a)(6).pdf (0.09 MB)

ADJOURNMENT