Regular Town Council Meeting 08/22/2023 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 amend the 2023 Town Council Meeting Calendar.

CN1 - Coversheet - Revised 2023 Town Council Meeting Calendar.pdf (0.09 MB)
CN1-A1: Revised - 2023 Council Meeting Calendar No. 7.pdf (0.15 MB)
CN1-A2: Revised – 2023 Text Calendar No. 7.pdf (0.22 MB)

CN2Antwan Morrison, Director

Public Hearing and possible motion to approve an Installment Purchase Agreement (IPA) between Pinnacle Bank and the Town of Apex, with an interest rate of 3.90% for a four (4) year term, and adopt a Resolution approving an installment financing and security agreement to finance motor vehicles and providing for certain other related matters.

CN3Allen Coleman, Town Clerk

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 the Date of a Public Hearing for September 12, 2023, on the Question of Annexation - Apex Town Council's intent to annex 7.259 acres, Calyx Senior Living of Apex (Kobra LLC), Satellite Annexation No. 761 into the Town Corporate limits.

CN4Allen Coleman, Town Clerk

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 the Date of a Public Hearing for September 12, 2023, on the Question of Annexation - Apex Town Council's intent to annex 29.4692 acres, The Summit (formerly known as (FKA) Holland Road Mixed Use, Annexation No. 762 into the Town Corporate limits.

CN5Amanda Grogan, Director

Motion to adopt Budget Ordinance Amendment No. 6 for the purchase order carryovers from Fiscal Year 2023.

CN6Adam Stephenson, Transportation Engineering Manager

Motion to adopt Budget Ordinance Amendment No. 7 appropriating funds to construct a gravel parking lot and pedestrian improvements on Moore Street.

CN7Marty Stone, P.E., Assistant Town Manager

Motion to adopt Budget Ordinance Amendment No. 8 that appropriates funds to pay amounts due under the second amendment to the Utility Infrastructure Reimbursement Agreement with Meritage Homes of Carolinas, Inc. and authorizes a transfer of funds from the Water Sewer HB 463 Capital Fund to fund the payment.

CN8Russell Dalton, P.E., Traffic Engineering Manager

Motion to adopt Capital Project Ordinance Amendment No. 2024-4 for up to $1,075,200 in federal funds reimbursement toward a total estimate cost of $1,344.00 for utility relocation and construction of South Saunders Street and Hinton Street Sidewalk, requiring a minimum 20% local cost match of $268,800.

CN9Russell Dalton, P.E., Traffic Engineering Manager

Motion to adopt Capital Project Ordinance Amendment No. 2024-5 appropriating $10M in supplemental grant funds for Apex Peakway construction at South Salem Street and CSX railroad tracks.

CN10Allen Coleman, Town Clerk

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

August 8, 2023 – Regular Town Council Meeting Minutes

CN11Russell Dalton, Traffic Engineering Manager

Motion to adopt an Ordinance amending Chapter 20 Traffic – Section 164 subsection (42) prohibiting parking around the perimeter of the median island at the terminus of Wirks Worth Circle, except within designated parking spaces.

CN12Allen Coleman, Town Clerk

Motion to approve a Resolution Supporting Abandonment of a Portion of Walden Road (SR 1148, Wake County) by the North Carolina Department of Transportation.

CN13June Cowles, Senior Planner

Motion to approve Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ10, Salem Church Road Parcels, Carl Helton, Sundance of NC, LLC, petitioner, for the properties located at 1529, 1531, 1535 Salem Church Road (PINs 0743818238, 0743819289, 0743911218).

CN14Amanda Bunce, Current Planning Manager

Motion to approve Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ12, Sweetwater PUD Amendment, David Schmidt, ExperienceOne Homes, LLC, petitioner, for the properties located at, 0 Core Banks St and 0 Little Gem Ln (PINs 0722441499 and 0722441386).

CN15Russell Dalton, P.E., Traffic Engineering Manager

Motion to approve a North Carolina Department of Transportation (NCDOT) Certification of Municipal Declaration to Enact Speed Limits and Request for Concurrence for a 25-mph speed limit on SR 1157 (James St) between 0.14 mile west of SR 1153 (Tingen Rd) and SR 1158 (S Hughes St) within Apex municipal limits.

CN16Angela Reincke, Parks Planning Project Manager

Motion to recommend a Fee-In-Lieu (FIL) of dedication for Tobacco Road Place.

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.

PH1Antwan Morrison, Director

Public Hearing to receive public comment on the Proposed Bond Order authorizing $3,460,000 Public Improvement Bonds.

PH1 - Coversheet - Public Improvements Bonds - Proposed Bond Order.pdf (0.09 MB)
PH1-A1: Bond Order – Proposed Public Improvement Bonds.pdf (0.09 MB)
PH1-A2: Affidavit - Proposed Public Improvement Bonds.pdf (0.76 MB)

PH2Dianne Khin, Director

Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 52.375 acres Yellowbridge Capital, Annexation No. 756 into the Town Corporate limits.

PH2-A1: Annexation Ordinance – Annexation No. 756.pdf (0.03 MB)
PH2 - Coversheet - Annexation No. 756 - Yellowbridge Capital - 52.375 acres.pdf (0.09 MB)
PH2-A2: Public Hearing Notice – Annexation No. 756.pdf (0.78 MB)
PH2-A3: Legal Description – Annexation No. 756.pdf (0.57 MB)
PH2-A4: Aerial Map – Annexation No. 756.pdf (1.74 MB)
PH2-A5: Plat Map – Annexation No. 756.pdf (0.48 MB)
PH2-A6: Annexation Petition – Annexation No. 756.pdf (0.29 MB)

PH3Dianne Khin, Director

Public Hearing and possible motion to adopt Ordinance on the Question of Annexation - Apex Town Council's intent to annex 9.186 acres, Estates at White Oak, Annexation No. 758 into the Town Corporate limits.

PH3-A1: Annexation Ordinance – Annexation No. 758.pdf (0.07 MB)
PH3 - Coversheet - Annexation No. 758 - Estates at White Oak - 2.747 acres.pdf (0.09 MB)
PH3-A2: Public Hearing Notice – Annexation No. 758.pdf (0.75 MB)
PH3-A3: Legal Description – Annexation No. 758.pdf (0.05 MB)
PH3-A4: Aerial Map – Annexation No. 758.pdf (1.70 MB)
PH3-A5: Plat Map – Annexation No. 758.pdf (0.38 MB)
PH3-A6: Annexation Petition – Annexation No. 758.pdf (0.54 MB)

PH4Dianne Khin, Director

Public Hearing and possible motion to adopt Ordinance on the Question of Annexation - Apex Town Council's intent to annex 2.747 acres, located at 5925 Farmpond Road, Satellite Annexation No. 759 into the Town Corporate limits.

PH4 - Coversheet - SAT Annexation No. 759 - 5925 Farmpond Road - 2.747 acres.pdf (0.09 MB)
PH4-A2: Public Hearing Notice – Satellite Annexation No. 759.pdf (0.50 MB)
PH4-A1: Annexation Ordinance – Satellite Annexation No. 759.pdf (0.03 MB)
PH4-A4: Aerial Map – Satellite Annexation No. 759.pdf (1.59 MB)
PH4-A3: Legal Description – Satellite Annexation No. 759.pdf (0.07 MB)
PH4-A5: Plat Map – Satellite Annexation No. 759.pdf (0.33 MB)
PH4-A6: Annexation Petition – Satellite Annexation No. 759.pdf (1.73 MB)

PH5Dianne Khin, Director

Public Hearing and possible motion to adopt Ordinance on the Question of Annexation - Apex Town Council's intent to annex 3.806 acres, located at 2633 Whistling Quail Run, Annexation No. 760 into the Town Corporate limits.

PH5 - Coversheet - Annexation No. 760 - 2633 Whistling Quail Run - 3.806 acres.pdf (0.09 MB)
PH5-A2: Public Hearing Notice – Annexation No. 760.pdf (0.72 MB)
PH5-A4: Aerial Map – Annexation No. 760.pdf (1.57 MB)
PH5-A1: Annexation Ordinance – Annexation No. 760.pdf (0.06 MB)
PH5-A3: Legal Description – Annexation No. 760.pdf (0.06 MB)
PH5-A5: Plat Map – Annexation No. 760.pdf (0.30 MB)
PH5-A6: Annexation Petition – Annexation No. 760.pdf (0.66 MB)

PH6Jenna Shouse, Senior Long-Range Planner

Public hearing and possible motion to amend the Bicycle and Pedestrian System Plan map to add proposed side path along the north side of Old Jenks Road between Holt Road and Davis Drive.

PH7Jenna Shouse, Senior Long-Range Planner

Public hearing and possible motion to amend the Bicycle and Pedestrian System Plan map to:
1. Replace proposed side path with proposed sidewalk along the east side of Transit Trail between Olive Chapel Road and the entrance to the proposed Weston subdivision.
2. Add proposed side path along the west side of Transit Trail between Olive Chapel Road and the proposed greenway in the Legacy Planned Unit Development (PUD).

PH8Jenna Shouse, Senior Long-Range Planner

Public hearing and possible motion to amend the Transportation Plan to:
1. Add a proposed local connector street that extends from the Turner Pines Drive stub to a proposed north-south residential street stub in the proposed Utley Farms subdivision.
2. Add a proposed side path along the east side of the proposed local connector as well as the proposed north-south residential street in the proposed Utley Farm subdivision.

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

NB1Chris Johnson, P.E., Director

Russell Dalton, P.E., Traffic Engineering Manager

Receive as information staff’s findings related to traffic operations in the Woodall Estates neighborhood along Woodall Crest Drive and staff’s recommendations for improved pedestrian and bicycle safety countermeasures.

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Laurie Hohe, Town Attorney

Possible motion to enter into closed session pursuant to NCGS 143-318.11(a)(3) to preserve attorney-client privilege.

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

CS2Jacques K. Gilbert, Mayor

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

CS2 - Coversheet - Closed Session - NCGS 143-318.11(a)(6).pdf (0.09 MB)

CS3Jacques K. Gilbert, Mayor

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

CS3 - Coversheet - Closed Session - NCGS 143-318.11(a)(6).pdf (0.09 MB)

ADJOURNMENT