Regular Town Council Meeting 06/22/2021 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

WORK SESSION

• WS1Russell Dalton, Traffic Engineering Manager

  Possible Motion to approve schematic designs to carry forward to final design phase for the Saunders St Parking Lot, Commerce St Alley, Seaboard St Alley, The Peak on Salem Alley, Saunders St Gathering Place, and Salem Streetscape, as well as “Smart Parking” solutions.

• 01 Agenda Cover Downtown Projs Work Session.pdf (0.09 MB)
• 02 Agenda Downtown Projs Work Session.pdf (0.01 MB)
• 03 Decision points for Downtown Projects.pdf (0.02 MB)
• 04 Public Comments Summary.pdf (0.51 MB)
• 05 Detailed Public Comments Downtown Projs Work Session.pdf (1.40 MB)

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

• PR1Jacques Gilbert, Mayor

  Presentation of National Parks and Recreation Month Proclamation

• Agenda Cover Sheet- National Parks and Recreation Month 6_22_21.pdf (0.09 MB)
• Proclamation - Parks and Rec Month_2021.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:

• CN1Vance Holloman, Finance Director

  Motion to amend the agreement between the Town and Western Wake Crisis Ministry, Inc. for administrative services for the Town’s Utility Customer Assistance Program to include in the fees to be paid by the Town compensation for cost incurred that were not included in the original agreement.

• COVER SHEET AMEND UCAP AGRREMENT.pdf (0.09 MB)
• AMENDMENT NO 1 UCAP.pdf (0.37 MB)

• CN2Vance Holloman, Finance Director

  Motion to approve Budget Ordinance Amendment No. 23 which reduces the appropriation for a transfer from the Water Sewer HB 463 Capital Reserve Fund to the Water Sewer Operating Fund and appropriates funds for the transfer in the Water Sewer Capital Reserve Fund.

• COVER SHEET BUDGET AMEND NO. 23.pdf (0.09 MB)
• BUDG ORD AMND NO 23.pdf (0.17 MB)

• CN3Russell Dalton, Traffic Engineering Manager

  Motion to approve an amendment to Traffic Schedule I and Traffic Schedule II of the Town of Apex Code of Ordinances in accordance with the provisions of Sections 20-60.1, 20-68, 20-69, and 20-70.

• 01 Agenda Cover Sheet Traffic Schedule I & II.pdf (0.09 MB)
• 02 Traffic Schedule I & II.pdf (3.97 MB)
• 03 Ord Amend Traffic Schedule I & II.pdf (0.02 MB)
• 04 Ord Amend Traffic Schedule I List.pdf (0.29 MB)
• 05 Ord Amend Traffic Schedule II List.pdf (0.28 MB)

• CN4Jacques K. Gilbert, Mayor

  Motion to appoint Veronika Maynard-Simon and Mary Miskimon to the Tree CAP Committee

• Tree CAP Consent agenda June 22, 2021.pdf (0.09 MB)
• Advisory Board Interest Form -Veronika Maynard-Simon.pdf (0.06 MB)
• Advisory Board Interest Form2.pdf (0.04 MB)

• CN5Russell Dalton, Traffic Engineering Manager

  Motion to approve substitution of a fee in lieu from the Developer of the Westford project for design and installation of offsite traffic signals at Jenks Road at Green Level Church/Kelly Road, pursuant to UDO Sec. 7.1.7 and the Town Council hereby finds that the substitution is reasonable because an adjacent project currently in construction plan review is required to install turn lanes and upgrade the traffic signal, and a fee in lieu would permit Apex to coordinate directly with that project developer on signal installation according to proposed roadway improvement plans.

• 01 Agenda Cover Sheet Westford Signals Fee in Lieu.pdf (0.09 MB)
• 02 OPCC Green Level Ch Rd at Jenks Rd.pdf (0.33 MB)

• CN6Adam Stephenson, Transportation Engineering Manager

  Motion to award a construction contract for 2021 Road Rehabilitation Project (R-21-05), Base Bid and Alternates 1, 2, and 3 to Barnhill Contracting Company, and authorization for the Interim Town Manager to execute the contract on behalf of the Town, and to approve corresponding Capital Project Ordinance Amendment 2021-17

• 01 Agenda Cover Sheet - 2021 Road Rehab.pdf (0.10 MB)
• 02 Standard_Construction_Contract (5-9-19 rev).pdf (0.24 MB)
• 05 CPOA 2021-17.pdf (0.30 MB)
• 03 Bid Tabulation.pdf (0.13 MB)
• 04 Maps.pdf (3.50 MB)

• CN7Jenna Shouse, Long Range Planner II

  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 June 8, 2021.

• TC Cover Sheet June 2021 UDO Amendments - Statement.pdf (0.09 MB)
• June 22 2021 UDO Amendments Statement.pdf (0.59 MB)

• CN8Dianne Khin, Director of Planning and Community Development

  Motion to set the Public Hearing for the July 27, 2021 Town Council meeting regarding a request to amend Section 4.2.2 Use Table of the Unified Development Ordinance.

• July UDO Amendments (Apex Tutu)-Cover CN-SPH.pdf (0.09 MB)
• UDO Amendment application (Tutu School Apex).pdf (1.48 MB)

• CN9Shelly Mayo, Planner II

  Motion to set the Public Hearing for the July 27, 2021 Town Council meeting regarding Rezoning Application #21CZ16 Heelan PUD Amendment. The applicant, Jason Barron, seeks to rezone approximately 142.42 acres from Planned Unit Development – Conditional Zoning (PUD-CZ #19CZ21) to Planned Unit Development – Conditional Zoning (PUD-CZ). The proposed rezoning is located at 8824 & 8829 New Hope Farm Road, 3108 & 3120 Olive Farm Road, and 0 Humie Olive Road.

• Cover-21CZ16 Heelan PUD amendment CN-SPH.pdf (0.09 MB)
• 21CZ16 Heelan PUD Amendment - Map & Application.pdf (23.35 MB)

• CN10Shelly Mayo, Planner II

  Motion to set the Public Hearing for the July 27, 2021 Town Council meeting regarding 2045 Land Use Map amendment and Rezoning Application #21CZ09 Alderwood PUD. The applicant, Jessie Hardesty for McAdams Co., seeks to amend the 2045 Land Use Map from Mixed Use: Commercial Services, Office Employment, and High Density Residential to Mixed Use: Commercial Services, Office Employment, and Medium/High Density Residential and rezone approximately 15.3 acres from Rural Residential (RR) to Planned Unit Development – Conditional Zoning (PUD-CZ). The proposed rezoning is located at 1533 Wimberly Road and 7912, 8000 and 8016 Jenks Road.

• 21CZ09 Alderwood PUD Coversheet - CN-SPH.pdf (0.09 MB)
• 21CZ09 Alderwood PUD Map & Application.pdf (30.63 MB)

• CN11Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Carl Kaloon Eng and wife Alison Meredith Goss Eng to install a driveway of which 172 SF will encroach onto portions of the Town’s variable width Public Drainage Easement and authorize the Interim Town Manager to execute the same.

• 01 Agenda Cover Sheet - 1900 Bankside Point Encroachment Agreement.pdf (0.09 MB)
• 02 Encroachment Agreement - 1900 Bankside Point.pdf (0.68 MB)
• 03 Exhibit A - 1900 Bankside Point.pdf (1.85 MB)

• CN12Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Umasankar Natanakumar and wife Leena Pravina Amarnath to install a fence of which 23 LF will encroach onto portions of the Town’s 20’ Public Storm Drainage Easement and authorize the Interim Town Manager to execute the same.

• 01 Agenda Cover Sheet - 2620 Winding Branch Trail Encroachment Agreement.pdf (0.09 MB)
• 03 Exhibit A - 2620 Winding Branch Trail.pdf (0.11 MB)
• 02 Encroachment Agreement 2620 Winding Branch Trail.pdf (3.52 MB)

• CN13Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to amend the approved road closed of (N. Salem St. from Chatham St. to Center St.) from 7:30 AM to 1:00 PM for the Annual 4th of July Celebration to (N. Salem St. from Moore St. to Center St.) and add the closing of The Depot Parking Lot from 7:30 AM to 1:00 PM for the Splash Down.

• Agenda Cover Sheet - TOA July 4th Road Closed Amendment.pdf (0.09 MB)

• CN14Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to amend the approved road and parking areas closed for Bone Suckin' Sauce Peak City Pig Fest to the Saunders/Templeton and Gravel Parking Lots, and Temple St. and Templeton St.

• Agenda Cover Sheet - Peak City Pig Fest Location Amendment.pdf (0.09 MB)

• CN15Michael Deaton, P.E., Director

  Motion to approve multi-year Master Service Agreements with multiple vendors.

• Agenda Cover Sheet.pdf (0.09 MB)
• Cameron Testing Services MSA.pdf (1.28 MB)
• Crawler Pipeline MSA.pdf (3.15 MB)
• Southern Grounds Control MSA.pdf (1.08 MB)
• Hydrostructures PA MSA.pdf (3.06 MB)
• On-Site Hose MSA.pdf (5.35 MB)
• Garrison MSA.pdf (9.66 MB)

• CN16Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Shahriar Jalal Nibir and spouse Rumana Ferdous Haque to install a fence of which 135 LF will encroach onto portions of the Town’s 40’ Public Utility Easement and authorize the Interim Town Manager to execute the same.

• 01 Agenda Cover Sheet - 1900 Bankside Point Encroachment Agreement.pdf (0.09 MB)
• 02 Encroachment Agreement - 1900 Bankside Point.pdf (0.68 MB)
• 03 Exhibit A - 1900 Bankside Point.pdf (1.85 MB)

• CN17Keith McGee, Fire Chief

  Possible motion to approve a one-year extension of the Fire Protection Agreement between the Town of Apex and Wake County and to authorize the Interim Town Manager to execute the same.

• Cover Sheet - Fire Protection Agreement Extension.pdf (0.09 MB)
• Apex FPA extension for 7-1-2021 - legal edit.pdf (0.03 MB)

• CN18Rudy Baker, Director

  Motion to approve ordinance amendment updating statutory references to new Chapter 160D.

• Cover Sheet - Town Code 160D references.pdf (0.09 MB)
• Ordinance Amendment - 160D References in Housing Code.pdf (0.02 MB)

• CN19Patrick Lechner, Facilities & Grounds Manager

  Motion to approve landscaping contract between Bland Landscaping Company and the Town of Apex.

• 1 Agenda Cover Sheet- Landscaping contract Month 6_22_21.pdf (0.09 MB)
• 2 Landscape_Services_Contract_(FY21-22) BLAND.DOCX.pdf (0.88 MB)
• 2020-2021 BLC COI.pdf (0.02 MB)
• Bland Landscaping Trailer Inventory.pdf (0.28 MB)
• W-9 BLC 2021.pdf (0.05 MB)
• Bland Landscaping Vehicle Inventory.pdf (0.30 MB)
• Bland Landscaping Equipment.pdf (1.86 MB)
• Bland Landscaping credentials for Town of Apex.pdf (1.45 MB)

• CN20Shawn Purvis, Assistant Town Manager

  Motion to adopt ordinances modifying Town Code Section 14-14 as to the Parking Lot at 112 Saunders Street closed for a Special Event(s) during Peak City Pig Fest on July 23-24, 2021, and the Night Farmers Market occurring the second Thursday of each month from 6 PM to 9 PM.

• Cover_Ordinance_Modification_for_Events.pdf (0.09 MB)
• Modification of Sec 14-14 for parking lot closed for Pig Fest.pdf (0.01 MB)
• Modification of Sec 14-14 for parking lot closed for Night Market.pdf (0.01 MB)

• CN21Vance Holloman, Finance Director

  Motion to approve Capital Project Ordinance Amendment No. 2021-19 to appropriate funds to cover additional expenditures for the White Oak Pump Station Project for which the Town will be reimbursed by developers.

• COVER SHEET CP ORD AMENDMENT NO. 2021-19.pdf (0.09 MB)
• CP ORC AMND. NO. 2021-19.pdf (0.13 MB)

• CN22Michael Deaton, Water Resources Director

  Motion to approve Capital Project Ordinance Amendment 2021-18 utilizing funds in the FY 2020-2021 operating budget for Water & Sewer Capital Projects

• 01 CS Water Sewer Projects2.pdf (0.09 MB)
• 02 CPOA 2021-18.pdf (0.31 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 Town of Apex (portion of Kings View Trail R-O-W) property containing 1.12 acres located along Kings View Trail at Recreation Drive and Old US 1 Highway, Annexation #712 into the Town’s corporate limits.

• Annex712PH.pdf (0.09 MB)
• Ordinance 2021-0622-16 Annexation 712.pdf (0.22 MB)
• PetitionLegalMaps.pdf (9.86 MB)

• PH2Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding amendments to the Thoroughfare and Collector Street Plan map in the vicinity of Cash Corporate Center.

• CoverSheet_TPlan_CCC.pdf (0.09 MB)
• TC_PH_Staff Rpt_TPlan_CCC.pdf (1.26 MB)

• PH3Shelly Mayo, Planner II

  Public hearing and possible motion to approve Rezoning Application #21CZ03 Willow Hills PUD Amendment. The applicant, Toll Southeast LP Company, Inc., seeks to rezone approximately 70.77 acres from Planned Unit Development – Conditional Zoning (PUD-CZ #18CZ28) to Planned Unit Development – Conditional Zoning (PUD-CZ). The proposed rezoning is located at:  3417 Olive Chapel Rd.; 0 Willow Hills Dr.; 1400, 1406, 1411, 1412, 1418, 1419, 1425, 1426 Sierra Glen Cir.; and 0, 3400, 3406, 3407, 3413, 3414, 3420, 3426, 3432, 3438 Snowbed Ridge Dr.

• 21CZ03 Willow Hill PUD amendment-Cover.pdf (0.09 MB)
• 21CZ03 Willow Hills PUD Amendment - Staff Report & Attachments.pdf (21.34 MB)

• PH4Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding an amendment to the Thoroughfare and Collector Street Plan map in the vicinity of Green Level West Road.

• CoverSheet_TPlan_Batchelor.pdf (0.09 MB)
• PH_TC Staff Report_TPlan_Batchelor.pdf (1.34 MB)

• PH5Shelly Mayo, Planner II

  Public hearing and possible motion to approve Rezoning Application #21CZ04 Williams Farm PUD. The applicant, Jessie Hardesty from the McAdams Co, seeks to rezone approximately 61.919 acres from Rural Residential (RR) to Planned Unit Development – Conditional Zoning (PUD-CZ). The proposed rezoning is located at 4525 Green Level West Road.

• 21CZ04 Williams Farm PUD Cover Sheet - PH.pdf (0.09 MB)
• 21CZ04 Williams Farm PUD - Staff Report & Attachments.pdf (44.55 MB)

• PH6Lauren Staudenmaier, Planner I

  Public Hearing and possible motion to approve Rezoning Application #21CZ10 Kelly Woods. The applicant, AMH Development, LLC, seeks to rezone approximately 19.424 acres located at 2300 & 2324 Kelly Road (PINs 0731254251 & 0731259148) from Rural Residential (RR) and Residential Agricultural (RA) to Medium Density Residential- Conditional Zoning (MD-CZ).

• 21CZ10 Kelly Woods Cover-PH.pdf (0.09 MB)
• 21CZ10 Kelly Woods Town Council staff-attachments.pdf (35.61 MB)

• PH7Amanda Bunce, Current Planning Manager

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

• Cover Ch 160D UDO Amendments-PH.pdf (0.09 MB)
• TC Staff Report Ch160D amendments.pdf (7.14 MB)
• Ordinance-June 2021 UDO amendments-Ch 160D.pdf (10.32 MB)

NEW BUSINESS

• NB1Russell Dalton, Traffic Engineering Manager

  Possible Motion to approve Capital Project Ordinance Amendment 2021-16 and Budget Ordinance Amendment 22 for the construction of Salem & Tingen Intersection Improvements

• 01 Agenda Cover Sheet Salem at Tingen.pdf (0.09 MB)
• 02 CPOA 2021-16.pdf (0.30 MB)
• 03 Budget Amendment 22.pdf (0.30 MB)
• 04 Traffic Safety Report.pdf (0.50 MB)
• 05 Traffic Signal Plan.pdf (1.05 MB)
• 06 R-21-03 Roadway Plan Set.pdf (4.40 MB)
• 07 R-21-03 Bid Tabulation.pdf (0.09 MB)
• Presentation.pdf (6.38 MB)

• NB2Councilmember Brett Gantt

  Possible motion to consider and adopt resolution requesting the Town of Apex’s reclassification as a non-entitlement unit of local government in the distribution of the Coronavirus Local Fiscal Recovery Fund in the American Rescue Plan Act of 2021

• Cover_ARPA_Resolution.pdf (0.09 MB)
• Resolution_American_Rescue_Plan_Apex_BG2 (1).pdf (0.02 MB)

OLD BUSINESS

• OB1Vance Holloman, Finance Director

  Possible motion to approve a Resolution Calling for a Bond Referendum on November 2, 2021 regarding the approval of not to exceed $42,000,000 Street and Sidewalk Improvement Bonds, approving the form of the ballot question and directing the Town Clerk to publish notice of the referendum and deliver a copy of the approved resolution to the Wake County Board of Elections within three days after adoption. 

• COVER SHEET Call for a Bond Refrendum.pdf (0.09 MB)
• RESOLUTION CALLING FOR A BOND REFERENDUM.pdf (1.10 MB)
• FORM OF BALLOT QUESTION.pdf (0.11 MB)

UNFINISHED BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Shawn Purvis, Assistant Town Manager

  Possible motion to go into closed session pursuant to NCGS 143-318(a)(5) to give staff direction concerning the Town’s negotiating position to acquire real property.

• Cover Sheet- Closed Session Property Acquisition.pdf (0.09 MB)

ADJOURNMENT