VIRTUAL Regular Town Council Meeting 09/28/2021 06:00 PM

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

• PR1Jacques K. Gilbert, Mayor

  Presentation of Indigenous Peoples Day Proclamation

• CS-Indigenous Peoples Day.pdf (0.09 MB)
• Indigenous Peoples Day Proclamation.pdf (0.19 MB)

• PR2Jacques K. Gilbert, Mayor

  Presentation of the Government Finance Officers Association’s (GFOA’s) Award of Achievement for Excellence in Financial Reporting to Vance Holloman, Finance Officer and Suzanne Parmentier, Accounting Manager.  

• COVER SHEET 2020 GFOA Certificate of Achievement, Financial Reporting.pdf (0.09 MB)
• GFOA - Certificate FY 2020.pdf (0.08 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:

• CN1Shannon Cox, Long Range Planning Manager

  Motion to approve, and to authorize the Town Manager to sign and execute, a Municipal Agreement with Wake County, North Carolina to use Community Development Block Grant (CDBG) funding to complete a sidewalk connection and enhancements to transit stops that would benefit low- and moderate-income persons.

• Cover CDBG Transit Project.pdf (0.09 MB)
• Draft Municipal Agreement_Apex-Wake County_09.15.2021_Final.pdf (0.52 MB)

• CN2Amanda 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 September 14, 2021.

• Cover Sept 14 2021 UDO Amendments-Statement.pdf (0.09 MB)
• Sept 14 2021 UDO Amendments-Statement.pdf (0.13 MB)

• CN3Michael Deaton, PE, Director

  Motion to approve multi-year Master Agreements for On-Call Professional Services for multiple firms.

• 1-Agenda Cover Sheet.pdf (0.09 MB)
• 2-On-Call Agreements for 9-28 Council Approval.pdf (19.58 MB)

• CN4Megan Pendell, Sustainability Coordinator

  Motion to appoint Greg Reger as a new member on the Environmental Advisory Board (EAB).

• 01-Agenda Item Cover Sheet_EAB New Membership_Reger.pdf (0.09 MB)
• 02-Advisory Board Interest Form - Greg Reger.pdf (0.08 MB)

• CN5Michael Deaton, PE, Director

  Motion to approve an ILA with Holly Springs for water supply mutual aid.

• 1-Agenda Cover Sheet.pdf (0.09 MB)
• 2-Holly Springs-Apex Mutual Aid ILA with Exhibits.pdf (5.26 MB)

• CN6Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to close to up to 2 on-street parallel parking spaces along N. Salem Street from Center St. to Chatham St. to allow for extended outdoor seating, and to approve an ordinance temporarily modifying Town Code Sections 14-14 and 18-11 as they relate to sidewalk dining on public streets and sidewalks beginning September  30, 2021 through November 12, 2021.

• Agenda Cover Sheet - Parking-to-Dining Sept-Nov 2021.pdf (0.09 MB)
• Staff Report - Parking-to-Dining.pdf (0.05 MB)
• Ordinance Amendment - Parking-to-Dining Sept-Nov 2021.pdf (0.02 MB)
• parking to dining-20210920B.pdf (3.20 MB)

• CN7Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to approve the Co-Sponsored Special Event Permit request for Apex Rotary Christmas Parade with the approved date of Saturday, December 4, 2021.

• Agenda Item Cover Sheet - CN Co-Sponsored Event Application - Apex Christmas Parade.pdf (0.09 MB)
• Christmas Parade Co-Sponsorship Event Description and Request.pdf (0.06 MB)
• Christmas Parade Maps 2021 Revision.pdf (0.49 MB)
• Entry Participant Directional Map 2021.pdf (0.36 MB)

• CN8Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to amend the approved Co-Sponsored Event to end December 9, 2021. 

• Agenda Cover Sheet - Apex Night Market Amendment.pdf (0.09 MB)

• CN9Angela Reincke, Parks Planning Project Manager

  Motion to approve and authorize the Town Manager to execute Final Conditional Letter of No Objection from Cardinal Operating Company, LLC in conjunction with Kelly West Homeowners Association for construction of the Beaver Creek Greenway PHI, PHIA and PHII.

• Agenda Item Cover Sheet_Letter of No Objection Beaver Creek Greenway.pdf (0.09 MB)
• (1) KW HOA Beaver Creek Sig (signed LONO by Kelly West HOA).pdf (0.78 MB)
• (2) Beaver_Creek_Greenway_Sheets with Notes.pdf (5.78 MB)
• (3) Williams Requirements for Landowner and Third Party Construction 2020-GS16215006180.pdf (0.43 MB)
• (4) Current Encroachment Insurance - Class 2 and 3.pdf (0.09 MB)

• CN10Mary Beth, Manville

  Motion to approve additional 1% for Merit Budget and corresponding Budget Ordinance Amendment No. 6

• ACS Merit Budget Amendment.pdf (0.09 MB)
• Merit Increase Recommendation.pdf (0.11 MB)
• Budget Ord. Amend. No. 6 Merit Increase.pdf (0.03 MB)

• CN11Shawn Purvis, Assistant Town Manager

  Motion to approve resolution approving the Memorandum of Agreement (MOA) Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation

• Agenda Item Cover Sheet_Opioid Resolution and MOA.pdf (0.09 MB)
• Final Opioid MOA .pdf (0.43 MB)
• Municipal Resolution Template for NC Opioid Allocation MOA updated.pdf (0.03 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

• PH1Liz Loftin, Senior Planner

  Continued from the August 24, 2021 Town Council meeting. Public Hearing and possible motion to approve Rezoning Application #21CZ15 Chapel Ridge Towns PUD. The applicant, Toll Brothers, Inc., seeks to rezone approximately 21.60 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 1412 Olive Chapel Road; 1400, 1401, 1408, 1409 Barnside Lane and Barnside Lane right-of-way.

• 21CZ15 Chapel Ridge Towns PUD Cover Sheet PH.pdf (0.09 MB)
• 21CZ15 Chapel Ridge PUD TC staff report-attachments.pdf (41.75 MB)

• PH2Liz Loftin, Senior Planner

  Public hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex Shri Varni, LLC (Apex C-Store) property containing 6.064 acres located at 3600 Old US1 Hwy, Annexation #716 into the Town’s corporate limits.

  AND

• Annex716 PH Apex C-Store.pdf (0.09 MB)
• Ordinance 2021-0928-33.pdf (0.20 MB)
• PetitionLegalMaps.pdf (12.17 MB)

• PH3Liz Loftin, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application #21CZ11 Apex C-Store and Ordinance. The applicant Kalpesh Patel, Shri Varni LLC, seeks to rezone approximately 5.37 acres from Wake County R-40W to Neighborhood Business- Conditional Zoning (B1-CZ). The proposed rezoning is located at 3600 Old US 1 Highway.

• 21CZ11 Apex C-Store Cover-PH.pdf (0.09 MB)
• 21CZ11 Apex C-Store TC staff report-attachments.pdf (17.00 MB)
• 21CZ11 Apex C-Store Statement and Ordinance.pdf (0.03 MB)
• 21CZ11 Apex C-Store Attachment A- Legal Description.pdf (0.08 MB)

• PH4Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding amendments to the Transportation Plan in the vicinity of US 64 Highway associated with Rezoning Case #21CZ12.

• PH_Cover_TPlan_Legacy.pdf (0.09 MB)
• PH_TC Staff Report_TPlan_Legacy.pdf (1.34 MB)

• PH5Shelly Mayo, Planner II

  Public hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex John William and Faye C. Long and  Deanna’s Dowry, LLC (Legacy PUD) property containing 34.335 acres located at 0 Olive Chapel Road and 3601 US 64 Hwy, Annexation #711 into the Town’s corporate limits.

  AND

• Annex711LegacyPUD_PH.pdf (0.09 MB)
• Ordinance 2021-0928-32.pdf (0.16 MB)
• PetitionLegalMaps.pdf (8.11 MB)

• PH6Shelly Mayo, Planner II

  Public hearing and possible motion to approve Rezoning Application #21CZ12 Legacy PUD and Ordinance. The applicant, Ryan Linker for GCI Acquisitions, LLC, seeks to rezone approximately 60.97 acres from Rural Residential (RR) and Wake Co. R-80W to Planned Unit Development – Conditional Zoning (PUD-CZ). The proposed rezoning is located at 3601 and 3609 US 64 Hwy W, and 0 Olive Chapel Rd.

  AND

• 21CZ12 Legacy PUD - Cover PH.pdf (0.09 MB)
• 21CZ12 Legacy PUD - Staff Report & Attachments.pdf (90.74 MB)
• 21CZ12 Legacy PUD - Combined Rezoning Statement and Ordinance.pdf (13.16 MB)

OLD BUSINESS

UNFINISHED BUSINESS

• UB1Vance Holloman, Finance Director

  Possible motion to approve a Resolution authorizing the execution and delivery of an Installment Financing Agreement, a Deed of Trust and related documents in connection with the financing of various capital improvements for the Town of Apex, North Carolina.

• COVER SHEET Final Approval 2021 IFA PSS 36.pdf (0.09 MB)
• Resolution Approving Installment Financing Agreement.pdf (0.18 MB)
• Deed of Trust IFA.pdf (1.23 MB)

NEW BUSINESS

UPDATES BY TOWN MANAGER

• TM1Catherine Crosby, Town Manager

  Updates on Town operations by Town Manager Catherine Crosby

• CS - Town Manager Updates.pdf (0.09 MB)

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney

  Possible motion to go into closed session to consult with the Town Attorney pursuant to NCGS 143-318.11(a)(3) to discuss the handling of the matter of Caloggero v. Town of Apex.

• Agenda Item Cover Sheet Closed session.pdf (0.09 MB)

WORK SESSION

ADJOURNMENT