Regular Town Council Meeting 08/04/2020 06:00 PM Council Chamber at Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order  |  Invocation  |  Pledge of Allegiance

PRESENTATIONS

• PR1Jessica Bolin, Environmental Engineering Manager

  Introduction of newly hired Sustainability staff.

• Agenda Item Cover Sheet - Introduction of sustainability team.pdf (0.09 MB)
• Sustainability staff_bios.pdf (0.10 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

• CN1Amanda 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 July 21, 2020.

• Cover July UDO Amendments-Statement.pdf (0.09 MB)
• July UDO Amendments Statement.pdf (0.52 MB)

• CN2Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the August 18, 2020 Town Council meeting regarding various amendments to the Unified Development Ordinance.

• Cover August UDO Amendments-SPH.pdf (0.09 MB)

• CN3Amanda Bunce, Current Planning Manager

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #20CZ01 Depot 499 PUD, Stephen Dorn, Lennar, petitioner for the property located at 0 Kelly Road; 1216, 1300, 1330, 1420, 1525, and 1604 S. Salem Street; 0 and 6401 Apex Barbecue Road.

• 20CZ01 Depot 499 PUD-Statement&Ordinance Cover.pdf (0.09 MB)
• 20CZ01 Deport 499 PUD-Statement.pdf (0.41 MB)
• 20CZ01 Depot 499 PUD-Ordinance.pdf (0.43 MB)
• 20CZ01 PUD-CZ Depot 499 PUD-Attachment A Legal Description.pdf (0.78 MB)
• 20CZ01 Depot 499 PUD-Attachment B-PUD text-plan.pdf (12.42 MB)

• CN4Sarah Van Every, Senior Planner

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Application #20CZ05 West Village PUD Amendment.  Josh Decker, McAdams Company, petitioner for the property located at 2412 Kelly Road (PIN 0731331798).

• 20CZ05 West Village PUD Amendment Cover-CN S&O.pdf (0.09 MB)
• 20CZ05 West Village PUD Amendment Statement.pdf (0.34 MB)
• 20CZ05 West Village PUD Amendment Ordinance.pdf (0.40 MB)
• 20CZ05 West Village PUD Amendment Attachment A_LegalDesc.pdf (3.33 MB)
• 20CZ05 West Village PUD Amendment Attachment B-PUD text-plan.pdf (7.37 MB)

• CN5Liz Loftin, Senior Planner

  Motion to set Public Hearing for the August 18, 2020 Town Council meeting regarding Rezoning Application #20CZ06 204 & 206 Lynch Street. The applicant, Trinity Henderson, seeks to rezone approximately .45 acres for the properties located at 204 & 206 Lynch Street from High Density Single-Family Residential (HDSF) to High Density Single-Family Residential -Conditional Zoning (HDSF-CZ).

• 20CZ06 204 & 206 Lynch Street Cover-CNSPH.pdf (0.09 MB)
• 20CZ06 204 & 206 Lynch Street.pdf (11.53 MB)
• 20CZ06 204 & 206 Lynch Street Statement.pdf (0.02 MB)
• 20CZ06 204 & 206 Lynch Street Ordinance.pdf (0.02 MB)
• 20CZ06 204 & 206 Lynch Street Attachment A-Legal Description.pdf (0.39 MB)

• CN6Shelly Mayo, Planner II

  Motion to approve Findings of Fact, Conclusions of Law and Decision approving the 540 Flex and Business Park Major Site Plan located at 1600 Olive Chapel Road.

• Cover 540 Flex.pdf (0.09 MB)
• FOF_COL_MajorSite_Revised540 Flex.pdf (0.02 MB)

• CN7Dianne Khin, Director of Planning and Community Development

  Motion to approve amendments to the Town of Apex Address Policy, originally approved on August 5, 2003, to clarify authority and update street naming processes.

• Cover_Address Policy.pdf (0.09 MB)
• Address Policy Update August 2020_clean.pdf (0.22 MB)
• Address Policy Update August 2020_showing changes.pdf (0.23 MB)

• CN8Dianne Khin, Director of Planning and Community Development

  Motion to approve an amendment to Chapter 18 of the Apex Town Code to correspond to the Town’s Address Policy.

• Agenda Item Cover Sheet.pdf (0.09 MB)
• Proposed Ordinance.pdf (0.02 MB)

• CN9Marty Stone, Assistant Town Manager

  Motion to approve and authorize the Town Manager to execute the same for an Encroachment Agreement between the Town and property owners, Rahul Govindan and Divya Sushma Nair, husband and wife regarding Wake County, NC PIN#0723-70-0306, 2678 Tunstall Grove Drive, as recorded in Book of Maps 2018, Page 01500, Wake County Register of Deeds.

• Agenda Item Cover Sheet 2678 Tunstall Grove Drive Encroachment Agreement.pdf (0.09 MB)
• 2678 Encroachment Agreement signed.pdf (0.66 MB)
• 2678 Tunstall Grove Drive Exhibit A.pdf (0.66 MB)

• CN10Eric Neumann

  Motion to approve, and authorize the Town Manager to execute, an Encroachment Agreement between the Town of Apex and Town of Cary to relocate an underground primary electric line in a Town of Cary right-of-way on Westhigh Street.

• Agenda Item Cover Sheet Westhigh Street Utility Relocation_ver 2.pdf (0.09 MB)
• 1_ROW Town of Cary Property encroachment agreement Westhigh Street.pdf (0.03 MB)
• 2_Town of Cary encroachment application_Westhigh Street.pdf (0.02 MB)
• 3_TOC Westhigh St relocation for water line.pdf (2.40 MB)

• CN11Shawn Purvis, Assistant Town Manager

  Motion to approve a lease agreement between the Town and the Apex Chamber of Commerce for use of space in The Apex Depot

• Agenda Item Cover Sheet - Chamber of Commerce Lease.pdf (0.09 MB)
• Depot Lease 7_20_2020 FINAL w Exhibits.pdf (0.90 MB)

• CN12Jessica Bolin, Environmental Engineering Manager

  Motion to approve and authorize the Town Manager to execute the same, a Master Services Agreement between the Town and Aqualis Stormwater Management for monthly maintenance of all Town-owned Stormwater Control Measures (SCMs) for a 3-year period (ending 06/30/2023) with the option to approve two one-year contract extensions after that date.

• Agenda Item Cover Sheet - Town-owned SCM Maintenance Services Contract.pdf (0.09 MB)
• Master Services Agreement_Aqualis.pdf (0.35 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 Charles and Annette Herndon and J Dallas Herndon Heirs (Tullamore) property containing 10.1869 acres located at 1745 and 1805 Holt Road, Annexation #686 into the Town’s corporate limits.

• Annex686PH (3).pdf (0.09 MB)
• Annexation 686 - JS Development Company.pdf (0.08 MB)
• PetitionLegalMaps686.pdf (13.63 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 Faithwill Homes, LLC (Ananda at Bella Casa) property containing 2.0058 acres located at 2708 Blazing Trail Drive, Annexation #691 into the Town’s corporate limits.

• Annex691PH.pdf (0.09 MB)
• Annexation 691 - Faithwill Homes.pdf (0.03 MB)
• PetitionLegalMaps691.pdf (7.98 MB)

• PH3Dianne 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 Construction Masters, LLC (Humie Olive Place) property containing 2 acres located at 7904 Humie Olive Road, Annexation #694 into the Town’s corporate limits.

• Annex694PH.pdf (0.09 MB)
• Annexation 694 - Construction Masters.pdf (0.03 MB)
• PetitionLegalMaps.pdf (3.86 MB)

OLD BUSINESS

• OB1Tom Colwell, Chairman, Public Art Committee

  Possible Motion to approve public mural to be located on a wall of the public works warehouse building facing NC 55 and update on other public art initiatives being undertaken by the Apex Public Art Committee.

• Agenda Item Cover Sheet- Public Art July 21st meeting.pdf (0.09 MB)
• 1-ART IN APEX - Council Adopted 6419.pdf (2.85 MB)
• 2-Apex Public Building Location.pdf (0.45 MB)
• 3-Apex Public Works Proposed Mural.pdf (0.34 MB)
• 4-Apex Art Walk Locations v3.pdf (3.16 MB)
• 5-Beaver Creek Greenway Manhole Painting.pdf (0.67 MB)

UNFINISHED BUSINESS

NEW BUSINESS

• NB1Terry Mahaffey, Council Member

  Discussion and possible motion to amend Section 14-33 of the Apex Code of Ordinances related to prohibited noises.

• Agenda Item Cover Sheet.pdf (0.09 MB)
• Proposed Ordinance Amendment - Noise RE Construction2.pdf (0.03 MB)

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney

  Possible motion to go into closed session pursuant to N.C.G.S. §143-318.11(a)(3) to preserve attorney-client privilege; pursuant to N.C.G.S. §143-318.11(a)(3) related to the matter of AB Goodrich Contracting, LLC v. Town of Apex and Stewart Cooper Newell, Architects, P.A.; and pursuant to N.C.G.S. §143-318.11(a)(1) to prevent the disclosure of information that is privileged or confidential pursuant to N.C.G.S. §143-318.10(e)

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

WORK SESSION

ADJOURNMENT