Regular Town Council Meeting 05/24/2022 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

• 1.Oath of Office - Town Clerk Allen Coleman

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:

• CN1Julie A. Reid, Interim Town Clerk

  Motion to approve the minutes of the May 10, 2022 meeting of the Regular Town Council Meeting.

• cs minutes of 2022.05.10.pdf (0.09 MB)
• 2022.05.10 Town Council Minutes.pdf (0.03 MB)

• CN2Linda Graham Jones, Director of Diversity, Equity, and Inclusion 

  Motion to adopt an ordinance amendment to Chapter 3 of the Town Code, adopt a resolution permitting application of the Wake County Nondiscrimination Ordinance within the Town corporate limits, approve an Interlocal Agreement with Wake County outlining party responsibilities in enforcing the County Nondiscrimination Ordinance, approve an addendum to the Interlocal Agreement specific to Apex, and authorizing the Town Manager to execute the Interlocal Agreement and Addendum.

• Agenda Cover sheet -Nondisc ord_.pdf (0.09 MB)
• Apex NDO Chapter 3 Amendment.pdf (0.04 MB)
• Apex NDO Resolution.pdf (0.03 MB)
• Apex Wake County ILA - Nondiscrimination Ordinance.pdf (0.05 MB)
• Wake County Interlocal Agreement - Addendum for Apex.pdf (0.03 MB)

• CN3Shawn Purvis, Assistant Town Manager

  Motion to approve Budget Ordinance Amendment No. 20 to allocate funds to complete renovations of Town facilities.

• SC_Facility Renovation v2.pdf (0.09 MB)
• 02 Budget Ord. Amend. No. 20.pdf (0.31 MB)

• CN4Amanda 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 May 10, 2022 related to the Downtown Festival District and associated amendments.

• Cover April 2022 UDO Amendments-Downtown-Statement.pdf (0.09 MB)
• April 2022 UDO Amendments-Downtown-Statement.pdf (0.14 MB)

• CN5Amanda 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 various Unified Development Ordinance (UDO) Amendments of May 10, 2022.

• Cover April 2022 UDO Amendments-various Statement.pdf (0.09 MB)
• April 2022 UDO Amendments-Various-Statement-Approval.pdf (0.14 MB)
• April 2022 UDO Amendments-Statement of Denial-SCM fencing-RCA.pdf (0.14 MB)

• CN6Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #21CZ29 North Salem Station PUD.  Ana Wadsworth with The Wooten Company is the petitioner for the properties located at 0 Candun Dr., 0 Laura Duncan Rd., and 0 N. Salem St.

• 21CZ29 North Salem Station PUD - Coversheet S&O.pdf (0.09 MB)
• 21CZ29 North Salem Station PUD - Statement and Ordinance.pdf (0.03 MB)
• 21CZ29 North Salem Station PUD - Attachment A.pdf (0.93 MB)
• 21CZ29 North Salem Station PUD - Attachment B.pdf (12.18 MB)

• CN7Colleen Merays, Downtown & Small Business Development Coordinator

  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 22-23, 2023.

• Cover Ordinance Modification for Pig Fest.pdf (0.09 MB)
• Modification of Sec 14-14 for parking lot closed for Pig Fest.pdf (0.01 MB)

• CN8Michael Deaton, P.E., Director

  Motion to approve a 3-year Master Services Agreement with Ellington Contractors, Inc., dba Intragrade and to authorize the Town Manager to execute the agreement on behalf of the Town.

• Coversheet.pdf (0.09 MB)
• Ellington MSA - Vendor Signed.pdf (3.73 MB)
• Ellington Quote.pdf (0.08 MB)

• CN9Michael Deaton, P.E., Director

  Motion to approve a 3-year Master Services Agreement with Griffin Sales, Inc., dba Rodders and Jets Supply Co., and to authorize the Town Manager to execute the agreement on behalf of the Town.

• Coversheet.pdf (0.09 MB)
• Rodders and Jets Quote.pdf (0.05 MB)
• Rodders and Jets MSA - Vendor Signed.pdf (10.47 MB)

• CN10Michael Deaton, P.E., Director

  Motion to approve a 3-year Master Services Agreement with Sanford Electrical Contractors, Inc. and to authorize the Town Manager to execute the agreement on behalf of the Town

• Coversheet.pdf (0.09 MB)
• Sanford MSA - Vendor Signed.pdf (0.35 MB)
• Rate Sheet.pdf (0.02 MB)

• CN11Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Peak Hotels, LLC to install a private domestic backflow preventer and vault that will encroach 34 square feet, a private fire protection backflow preventer and vault that will encroach 51 square feet, and a private fire department connection that will encroach 1 square foot into the Public Utility Easement and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet Springhill Suites 1100 Marco Drive Lot 1.pdf (0.09 MB)
• 02 Encroachment Agreement Springhill Suites 1100 Marco Drive Lot 1.pdf (0.16 MB)
• 03 Exhibit A Springhill Suites Marriott 1100 Marco Drive Lot 1.pdf (1.13 MB)

• CN12Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owner Raghavender Rao Palle and spouse Vanditha Goudi to install a fence that will encroach 407 square feet onto the Public Drainage Easement and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet-3593 Lovage Drive Lot 2 Encroachment Agreement.pdf (0.09 MB)
• 02 Encroachment Agreement 3593 Lovage Drive Lot 2.pdf (0.15 MB)
• 03 Exhibit A 3593 Lovage Drive Lot 2.pdf (1.00 MB)

• CN13Russell Dalton, Traffic Engineering Manager

  Motion to approve an Ordinance amending Section 20-163 subsection (b)(2), reserving the first ten (10) parking spaces on the south side of Hunter Street east of Grand Central Station for a GoApex bus stop and layover area on Monday through Saturday between the hours of 5:30 a.m. and 10:15 p.m. when designated by signs indicating said reservation.

• 01 Cover Ord Amend 20-163(b)(2).pdf (0.09 MB)
• 02 Ord Amend 20-163(b)(2).pdf (0.02 MB)
• 03 Map GoApex Bus Layover.pdf (1.29 MB)

PRESENTATIONS

• PR1Apex MS Student Equity Team

  School Discipline Reform Presentation

• cs MS pres.pdf (0.09 MB)

• PR2Mayor and Council

  Presentation of Apex Latino Arts Festival Proclamation

• Template-Cover Sheet.pdf (0.09 MB)
• PROCLAMATION apex latino arts festival.pdf (0.10 MB)

• PR3Mayor and Council

  Presentation of Asian American And Pacific Islander Heritage Month Proclamation

• Template-Cover Sheet.pdf (0.09 MB)
• PROCLAMATION - ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH.pdf (0.10 MB)

• PR4Mayor and Council

  Presentation of Juneteenth Day Proclamation

• cs juneteenth.pdf (0.09 MB)
• PROCLAMATION - Juneteenth.pdf (0.09 MB)

• PR5Mayor and Council

  Presentation Of National Gun Violence Awareness Day Proclamation

• Cover Sheet gun awareness.pdf (0.09 MB)
• PROCLAMATION - GUN AWARENESS DAY.pdf (0.10 MB)

• PR6Russell H. Dalton, PE, Traffic Engineering Manager

  Town Council to receive an update on the Vision Zero traffic safety program from staff summarizing public outreach, advertising an upcoming public event scheduled June 25^th, and preparing for release of the Draft Action Plan. 

• 01 Cover Vision Zero Staff Update.pdf (0.09 MB)
• VZ Apex Council Presentation 05-24-22.pdf (2.38 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

• PH1Shawn Purvis, Assistant Town Manager

  Public Hearing to receive citizen input on the Fiscal Year 2022-2023 Annual Budget including proposed economic development expenditures

• CS_PH Budget.pdf (0.09 MB)

• PH2Dianne 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 the Peak 360, LLC property containing 7.6631 acres located at 7825 and 7809 Jenks Road, Annexation #732 into the Town’s corporate limits.

• ITEM-Staff-c187c2bf17a54b7ba9b425f9fba68fb1 (2).pdf (0.03 MB)
• Annex 732 ordinance amended.pdf (0.02 MB)
• Annexation 732 Legal Description Final.pdf (0.06 MB)
• Annexation 732 Map signed.pdf (0.44 MB)
• Annexation732_Aerial.pdf (4.65 MB)
• Annexation732_Jurisdiction.pdf (0.57 MB)
• Annexation732_Zoning.pdf (0.59 MB)
• annex_petition_732_signed-Revised.pdf (1.88 MB)

• PH3Lauren Staudenmaier, Planner II

  Public Hearing and possible motion to approve Rezoning Application #21CZ31 Sears Property PUD.  The applicant, Jeff Roach, Peak Engineering and Design, LLC., seeks to rezone approximately 26.218 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0 & 2108 Old US 1 Highway.

• #21CZ31 Sears Property PUD Cover.pdf (0.09 MB)
• 21CZ31 Sears Property PUD staff report-attachments.pdf (32.22 MB)

• PH4Sarah Van Every, Senior Planner

  Public hearing and possible motion to adopt an Ordinance on the Question of Annexation- Apex Town Council’s intent to annex the R. Michael Strickland Trustee of Family Trust property containing 13.541 acres located at 8200 Jenks Road, Annexation #727 into the Town’s corporate limits.

  AND

• cs public hearing.pdf (0.09 MB)
• Annex 727 ordinance (1).pdf (0.03 MB)
• 8200 JENKS RD LEGAL DESC-20220202.pdf (0.03 MB)
• Annex727_Jurisdiction.pdf (0.88 MB)
• Annex727_Zoning.pdf (0.96 MB)
• Annexation 727 Scanned Plat.pdf (0.39 MB)
• Annex727_Aerial.pdf (2.68 MB)
• Annex 727 publlic hearing notice.pdf (0.76 MB)
• Annexation 727 Updated Petition.pdf (2.63 MB)

• PH5Sarah Van Every, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application #22CZ01 Arden at Summit Pines PUD. The applicant, Collier Marsh, FC Apex, LLC., seeks to rezone approximately 11.74 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ).

• 22CZ01 Arden at Summit Pines PUD TC Cover Sheet PH.pdf (0.09 MB)
• 22CZ01 Arden at Summit Pines PUD TC staff report-attachments.pdf (46.50 MB)

• PH6Dianne Khin, Director of Planning and Community Development

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

• Cover May 2022 UDO Amendment-PH.pdf (0.09 MB)
• TC Staff Report May22 UDO Amendments-attachments.pdf (1.87 MB)
• Ordinance May 2022 UDO amendments.pdf (0.04 MB)

OLD BUSINESS

UNFINISHED BUSINESS

• UB1Lauren Staudenmaier, Planner II

  Continued from the April 26^th Town Council Meeting.

  Possible motion to approve Rezoning Application #21CZ26 Humie Olive Commercial. The applicant, Jeff Roach, Peak Engineering & Design PLLC., seeks to rezone approximately 7.69 acres from Rural Residential (RR) to Neighborhood Business-Conditional Zoning (B1-CZ). The proposed rezoning is located at 0 & 7525 Humie Olive Road.

• 21CZ26 Humie Olive Commercial PH-Cover.pdf (0.09 MB)
• 21CZ26 Humie Olive Comm TC Staff & Attch UB.pdf (16.81 MB)

NEW BUSINESS

• NB1Vance Holloman, Finance Director

  A possible motion to approve a Resolution authorizing the filing of an application with the Local Government Commission (LGC) to approve the extension of a bond order.

• COVER SHEET LGC Application for Extension.pdf (0.09 MB)
• Resolution Requesting LGC Approval Apex Extension (2015 Streets).pdf (0.14 MB)

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney]

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

• 5-24-22 cover.pdf (0.09 MB)

• CS2Steve Adams, Real Estates & Public Utilities

  Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(5) to discuss the Town’s negotiating position to the acquisition of real property

• CS Real Estate Negotiations 5.24.2022.pdf (0.09 MB)

WORK SESSION

ADJOURNMENT