Regular Town Council Meeting 05/11/2021 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

• PR1Nicole Dozier, Mayor Pro Tem

  Mayor Pro Tem Dozier will present the 6th Annual “Think Apex Awards”

• Think Apex Awards Presentation Cover Sheet 5 11 2021.pdf (0.09 MB)

• PR2Jacques K. Gilbert, Mayor

  Presentation of the Building Safety Proclamation

• CS-Building Safety Proclamation.pdf (0.09 MB)
• Building Safety Proclamation.pdf (0.19 MB)

• PR3Jacques K. Gilbert, Mayor

  Presentation of National Police Week 2021 Proclamation

• CS-National Police Week Proclamation.pdf (0.09 MB)
• National Police Week Proclamation.pdf (0.26 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 B. Hosch, Town Clerk

  Motion to approve Minutes of the April 13, 2021 Regular Council Meeting

• CS - Minutes.pdf (0.09 MB)
• 2021.04.13 Regular Meeting.pdf (0.46 MB)

• CN2Sarah Van Every, Senior Planner

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #21CZ08 Cash Corporate Center Amendment, Town of Apex and Jack 1, LLC, petitioners, for the properties located on  0 and 1201 Burma Drive (PINs 0751138504, 0751244221, 0751143089, and a portion of former PIN 0751136687).

• 21CZ08 Cash Corporate Center Amendment Cover CN-S&O.pdf (0.09 MB)
• 21CZ08 Cash Corporate Center Amendment Combined Rezoning Statement and Ordinance.pdf (0.16 MB)
• Attachment A Legal Desc.pdf (1.37 MB)

• CN3Lauren Staudenmaier, Planner I

  Motion to set Public Hearing for the May 25, 2021 Town Council meeting regarding Rezoning Application #21CZ05 Friendship Storage. The applicant, Terco Properties, seeks to rezone approximately 9.09 acres located at 0 Friendship Road and 2109 Old US 1 Highway (PINs 0730196547 & 0730197850) from Rural Residential (RR) to Tech/Flex-Conditional Zoning (TF-CZ).

• 21CZ05 Friendship Storage Cover-CNSPH.pdf (0.09 MB)
• 21CZ05 Friendship Storage Map-Application.pdf (10.59 MB)

• CN4Liz Loftin, Senior Planner

  Motion to set Public Hearing for the May 25, 2021 Town Council meeting regarding Rezoning Application #21CZ06 Jenks Road Office & Veterinary Hospital. The applicant, Daniel Shultz, Peak 360, LLC, seeks to rezone approximately 6.69 acres located at 7825 and 7809 Jenks Road (PINs 0722886419 & 0722888770) from Rural Residential (RR) to Neighborhood Business-Conditional Zoning (B1-CZ).

• 21CZ06 Jenks Road Office & Veterinary Hospital Cover-CNSPH.pdf (0.09 MB)
• 21CZ06 Jenks Road Office Map-Application.pdf (9.31 MB)

• CN5Amanda Bunce, Current Planning Manager

  Motion to set Public Hearing for the May 25, 2021 Town Council meeting regarding 2045 Land Use Map amendment and Rezoning Application #21RZ07 Herbert Street (PIN 0741397109). The applicant, Lane Raw Land, LLC, seeks to amend the 2045 Land Use Map from Medium Density Residential to Office Employment/Commercial Services and rezone approximately 0.27 acre located at 0 Herbert Street from Medium Density Residential (MD) to Neighborhood Business (B-1).

• 21RZ07 Herbert St Cover CNSPH.pdf (0.09 MB)
• 21RZ07 Herbert St map-application.pdf (3.79 MB)

• CN6Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the May 25, 2021 Town Council meeting regarding various amendments to the Unified Development Ordinance.

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

• CN7Shannon Cox, Long Range Planning Manager

  Motion to approve amendments to the Town of Apex Address Policy, last amended on August 4, 2020, to update the street naming process.

• CoverSheet_Address Policy.pdf (0.09 MB)
• Address Policy Update 2021 - Markup.pdf (1.34 MB)
• Address Policy Update 2021 - Clean.pdf (1.28 MB)

• CN8Dianne Khin, Director of Planning and Community Development

  Motion to approve temporary waiver of Facade Grant Program provision #3 to allow downtown businesses and non-residential property owners to apply for grant funding retroactively during the pandemic, for work done from July 1, 2020 through September 6, 2021.

• Cover Sheet - Facade Grant Program temp.pdf (0.09 MB)
• Facade Grant Program Application.pdf (0.52 MB)

• CN9Mark Willing, Safety & Risk Manager

  Motion to approve the IT Data Services agreement between the Town and the North Carolina Division of Motor Vehicles and authorize the Interim Town Manager to sign the same.

• Agenda Cover Sheet - DMV Records Agreement.pdf (0.09 MB)
• NCDMV Request and Agreement to Access Multiple Records Containing Personal Information.pdf (0.14 MB)

• CN10Russell Dalton, Senior Transportation Engineer

  Motion to approve an Ordinance amending Section 20-166 subsection (b) with the addition of part (5), designating the first three parking spaces on the west side of North Salem Street south of Saunders Street as loading zone spaces.

• 01 Agenda Item Cover Sheet Ord 20-166(b)(5).pdf (0.09 MB)
• 02 Ord 20-166(b)(5).pdf (0.02 MB)

• CN11Michael Deaton, Water Resources Director

  Motion to award Salem Street Water Main Rehabilitation contract to Mainlining America, LLC, authorize the Town Manager to execute the contact and approve corresponding Capital Project Ordinance Amendment 2021-08

• 01 Agenda Item Cover Sheet.pdf (0.09 MB)
• 02 Award Letter.pdf (0.02 MB)
• 03 Certified Bid Tab.pdf (0.03 MB)
• 04 Notice of Award.pdf (0.16 MB)
• 05 Mainlining America Bid Package.pdf (0.62 MB)
• 06 Agreement (for reference only).pdf (0.22 MB)
• CP Ordinance Amendment No. 2020-16 WaterSewer Projects.pdf (0.03 MB)

• CN12Craig Setzer, Interim Parks, Recreation, and Cultural Resources Director

  Motion to approve an ordinance amendment changing park hours at Clairmont Park to close at 8pm year-round.

• Agenda Item Cover Sheet_Clairmont Park Closing Hours.pdf (0.09 MB)
• Ordinance Amendment - Clairmont Park Hours.pdf (0.02 MB)

• CN13Adam Stephenson, Engineering Supervisor

  Motion to award a construction contract upon NCDOT concurrence, authorize the Town Manager to execute same for C-5604AA Kelly & Apex Barbecue Pedestrian Improvements and approve cooresponding Budget Ordinance Amendment 20 and Capital Project Ordinance Amendment 2021-06.

• 01 C-5604AA cover sheet_v2.pdf (0.03 MB)
• 02 C-5604AA map.pdf (1.21 MB)
• 03 C-5604AA bid tabulation.pdf (0.10 MB)
• 04 C-5604AA Standard Construction Contract.pdf (0.25 MB)
• Budget Ord. Amend. No. 20 Kelly Rd SW.pdf (0.06 MB)
• CPO 2021-06.pdf (0.06 MB)

• CN14Adam Stephenson, Engineering Supervisor

  Motion to award a construction contract upon NCDOT concurrence, authorize the Town Manager to execute same, for EB-5895 NC 55 Sidewalk Connector and approve corresponding Capital Project Ordinance Amendment 2021-07

• 01 EB-5895 cover sheet.pdf (0.09 MB)
• 02 EB-5895 map.pdf (3.41 MB)
• 03 EB-5895 bid tabulation.pdf (0.09 MB)
• 04 EB-5895 Standard Construction Contract.pdf (0.25 MB)
• CPO 2021-07.pdf (0.03 MB)

• CN15Mitch McKinney, Deputy Chief of Police

  Motion to approve funding 2nd-year renewal portion of the Apex Police Department’s NC Governor’s Highway Traffic Safety Program grant for equipment and staff position.

• McKinney Agenda Item 05112021 v1.pdf (0.09 MB)
• Consent Agenda Item GHSP Grant Renewal 05112021.pdf (0.66 MB)

• CN16Shawn Purvis, Assistant Town Manager

  Motion to set the Public Hearing concerning the proposed Fiscal Year 2021-2022 Budget including expenditures for Economic Development (pursuant to NCGS 158-7.1), for Tuesday, May 25, 2021 at 6:00 p.m. at the Apex Town Hall.

• CS Budget Public Hearing.pdf (0.09 MB)
• PN - Budget Public Hearing.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

• PH1Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding amendments to the Thoroughfare and Collector Street Plan map in the vicinity of Jessie Drive.

• CoverSheet_TPlan_Jessie.pdf (0.09 MB)
• PH_TC Staff Report_TPlan_Jessie Collectors.pdf (1.20 MB)

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

• NB1Colleen Merays, Downtown & Small Business Development Coordinator

  Possible motion to approve the Special Event Permit requests and Town Co-Sponsorship requests for 2021.

• Agenda Item Cover Sheet - NB Co-Sponsored Event Applications.pdf (0.09 MB)
• NB Special Event Cost Spreadsheet - 04-27-21.pdf (0.01 MB)
• Special Event Application Cover Sheets - 04-27-21.pdf (0.07 MB)

• NB2Dianne Khin, Director of Planning and Community Development

  Possible motion to approve Tree Planting Grant Program. The Tree Planting Grant Program is designed to provide incentive funds to tenants and property owners to install trees on residential private properties within Apex’s corporate limits. The grant can provide up to 100% of the cost of the tree purchase and installation, up to a maximum of $750 per property. 

• Agenda Item Cover Sheet 051121- Tree Planting Grant Program.pdf (0.09 MB)
• Tree Planting Grant Program.pdf (0.07 MB)

UPDATES BY TOWN MANAGER

• TM1Ralph Clark, Interim Town Manager

  Updates on Town operations by Interim Town Manager Ralph Clark

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

CLOSED SESSION

• CS1Steve Adams, Easement Acquisition Specialist; Shawn 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)

• CS2Laurie Hohe, Town Attorney

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

• Closed session - Attorney Client Privilege.pdf (0.09 MB)

• CS3Mary Beth Manville, Human Resources Director

  Possible motion to go into Closed Session to discuss a personnel matter

• CS Closed Session - HR_d.pdf (0.09 MB)

WORK SESSION

ADJOURNMENT