Regular Town Council Meeting 01/12/2021 06:00 PM Council Chamber at Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order  |  Invocation  |  Pledge of Allegiance

PRESENTATIONS

• PR1Jacques Gilbert, Mayor

  Presentation of Dr. Martin Luther King, Jr. Day Proclamation

• CS - Dr. Martin Luther King Jr. Day.pdf (0.09 MB)
• PR-Dr. Martin Luther King Jr. Day.pdf (0.03 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

• CN1Donna Hosch, Town Clerk

  Motion to approve Minutes of the December 15, 2020 Regular Council Meeting

• CS_Minutes.pdf (0.09 MB)
• 2020.12.15 Meeting.pdf (0.39 MB)

• CN2Donna Hosch, Town Clerk

  Motion to approve Apex Tax Reports dated 11/01/2020, 04/30/2020, and 08/16/20

• CS_Tax Report.pdf (0.09 MB)
• Tax Report.pdf (8.47 MB)

• CN3Mayor Jacques Gilbert

  Motion to appoint Elaine Boyle to the Planning Board to fill the expired term of Beth Godfrey

• CS - Planning Board Appointment.pdf (0.09 MB)
• Elaine Boyle.pdf (0.61 MB)

• CN4Mayor Jacques Gilbert

  Motion to reappoint Katie Schaff to the Environmental Advisory Board for a second term, and to appoint Suzanne Mason to a first term

• CS - EAB Appointments.pdf (0.09 MB)
• Suzanne Mason.pdf (0.62 MB)

• CN5Sarah Van Every, Senior Planner

  Motion to set Public Hearing for the January 26, 2021 Town Council meeting regarding Rezoning Application #20CZ11 Roberts Road Properties PUD.  The applicant, Justin Michela, seeks to rezone approximately 10.54 acres located at 7517 Roberts Road, 2310 Pollard Place, and 2000 Cabin Cove Road (PINs 0733059045, 0733049734, 0733049444) from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). 

• 20CZ11 Roberts Road Properties PUD Cover-CN-SPH.pdf (0.09 MB)

• CN6Sarah VanEvery, Senior Planner

  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 Date of Public Hearing  for January 26, 2021 on the Question of Annexation – Apex Town Council’s intent to annex Yumeewarra Farm Assembly property containing 18.737 acres located at 0, 0 and 8633 Humie Olive Road, Annexation #702 into the Town’s corporate limits.

• AnnexCN-SPHAnnex702.pdf (0.09 MB)
• Annexation #702.pdf (4.57 MB)
• PetitionLegalMaps.pdf (5.74 MB)
• Legal Description 702.pdf (0.01 MB)

• CN7Sarah Van Every, Senior Planner

  Motion to set Public Hearing for the January 26, 2021 Town Council meeting regarding Rezoning Application #20CZ13 Yumewarra Farm Assembly.  The applicant, Bill Zahn, Humie Olive Associates, seeks to rezone approximately 18.737 acres located at 0 & 8633 Humie Olive Road (PINs 0711805090, 0710897972, 0710993712) from Wake County Residential-40W (R-40W) to Low Density Residential-Conditional Zoning (LD-CZ).

• 20CZ13 Yumeewarra Farm Assembly Cover-CN-SPH.pdf (0.09 MB)
• 20CZ13 Yumeewarra Farm Assembly Map-Application.pdf (7.34 MB)

• CN8Lauren Staudenmaier, Planner I

  Motion to set Public Hearing for the January 26, 2021 Town Council meeting regarding Rezoning Application #20CZ15 Smithfield Road Collision Center. The applicant, Spencer B. Terry III, P.E, Carolina Land Development Group, Inc., seeks to rezone approximately 3.86 acres for the properties located at 5920 & 0 Old Smithfield Road (portion of PIN 0740649391 and portion of PIN 0740649679), from Rural Residential (RR) and High Density Single-Family Residential (HDSF) to Light Industrial-Conditional Zoning (LI-CZ).

• 20CZ15 Smithfield Road Collision Center Cover-CNSPH.pdf (0.09 MB)
• 20CZ15 Smithfield Road Collision Center Map- Application.pdf (16.92 MB)

• CN9Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Apex Town Council pursuant to G.S. 160A-383 addressing action on the various Unified Development Ordinance (UDO) Amendments of December 15, 2020.

• Cover Dec 2020 UDO Amendments-Statement.pdf (0.09 MB)
• Dec 2020 UDO Amendments Statement-various.pdf (0.16 MB)

• CN10Dianne Khin, Director of Planning and Community Development

  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 Date of Public Hearing for January 26, 2021 on the Question of Annexation – Apex Town Council’s intent to annex Peak City Partners, LLC (1200 James Street) property containing 4.777 acres located at 1200 James Street, Annexation #699 into the Town’s corporate limits.

• Annex699CN-SPH.pdf (0.09 MB)
• Annexation #699.pdf (3.43 MB)
• Legal Description 699.pdf (0.01 MB)
• PetitionLegalMaps.pdf (4.94 MB)

• CN11Joanna Helms, Economic Development Director

  Motion to set the public hearing for the January 26, 2021 Town Council meeting to consider and receive public input on providing an economic development incentive for “Project Delta” in accordance with the Town’s policy (Development Investment Grant).

• Agenda Item Cover Sheet - Econ Dev Incentive Grant Project Delta.pdf (0.09 MB)
• Attch Project Delta Incentive Scenario.pdf (0.02 MB)

• CN12Russell Dalton, Sr. Transportation Engineer

  Motion to approve an Ordinance amending Section 20-164 with the addition of subsection (39) to enforce a No Parking restriction along both sides of Perry Road from Apex Peakway to American Way.

• 01 Agenda Item Cover Sheet.pdf (0.09 MB)
• 02 Ord 20-164(39).pdf (0.02 MB)
• 03 Map Ord 20-164(39).pdf (0.71 MB)

• CN13Adam Stephenson, Engineering Supervisor

  Motion to approve revisions to the Town Standard Specifications and Details.

• 01 Agenda Item Cover Sheet.pdf (0.09 MB)
• 02 Summary of Revisions.pdf (0.10 MB)
• 03 Standard Specifications.pdf (0.12 MB)
• 04 Standard Details.pdf (2.28 MB)

• CN14Michael Deaton, Water Resources Director

  Motion to approve Resolution to Abandon Existing Water and Sewer Utility Easements and Temporary Construction Easements as shown on the attached Utility Easement Abandonment Plat for Holleman Hills Subdivision.

• Holleman Hills Easement Abandonment Cover Sheet - CN.pdf (0.09 MB)
• resolution abandon water utility easement.pdf (0.02 MB)
• HOLLEMAN HILLS EASEMENT ABANDON PLAT.pdf (0.38 MB)

• CN15Tony Godwin, Chief of Police

  Motion to approve Ordinance amending Section 20-38 to allow the Chief of Police to maintain an eligible list of towing services for use by the Police Department

• Agenda Item Towing Services.pdf (0.09 MB)
• Ordinance Amendment - Sec-20-38.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

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

• NB1Jacques Gilbert, Mayor

  Discussion and consensus regarding which ten (10) of the seventeen (17) North Carolina League of Municipalities (NCLM) Legislative Goals the Town Council wishes to have our appointed delegate vote for in the NCLM Goals process and a motion to appoint an elected official as our designated delegate

• NB NCLM Legislative Goals.pdf (0.09 MB)
• NCLM Proposed Legislative Goals.pdf (0.36 MB)

PRESENTATION BY TOWN MANAGER

• NB1Drew Havens, Town Manager

  The Town Manager will give a brief update on various Town projects/operations

• CS - Manager Presentation.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)

• Agenda Item Cover Sheet.pdf (0.09 MB)

• CS2Mayor Jacques Gilbert

  Possible motion to go into Closed Session to discuss personnel matters.

• CS - Closed Session for Personnel_d.pdf (0.09 MB)

WORK SESSION

ADJOURNMENT