Regular Town Council Meeting

AGENDA | REGULAR TOWN COUNCIL MEETING October 11, 2022 at 6:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street The meeting will adjourn when all business is concluded or 10:00 PM, whichever comes first Town Council and Administration Mayor: Jacques K. Gilbert | Mayor Pro Tem: Audra Killingworth Council Members: Brett D. Gantt; Cheryl F. Stallings; Terry Mahaffey; Edward Gray Town Manager: Catherine Crosby | Deputy Town Manager: Shawn Purvis | Assistant Town Manager: Marty Stone Town Clerk: Allen Coleman, CMC, NCCCC | Town Attorney: Laurie L. Hohe COMMENCEMENT Call to Order | Invocation | Pledge of Allegiance 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: CN1 Affordable Housing Project - Broadstone Walk - Revise Loan Lien Position Christopher “C.J.” Valenzuela, Housing Program Manager, Planning and Community Dev. CN2 Budget Ordinance Amendment No. 7 - Electric Operations Facility Equipment Repairs/Replacement Amanda Grogan, Director, Budget and Performance Management CN3 Budget Ordinance Amendment No. 8 - Affordable Housing Loans - Broadstone Walk Shawn Purvis, Deputy Town Manager (as interim Finance Director) CN4 Construction Contract Award/Budget Ordinance Amendment No. 6 - MLB Construction Services LLC - Mason Street Building Daniel Edwards, Senior Capital Projects Manager CN5 Resolution Supporting Abandonment of a Portion of Walden Road Russell Dalton, Traffic Engineering Manager, Transportation and Infrastructure CN6 Rezoning Case No. 22CZ07 Chapel Ridge North PUD - Set Public Hearing Shelly Mayo, Planner II, Planning and Community Development CN7 Rezoning Case No. 22CZ09 Utley Farms PUD - Set Public Hearing Lauren Staudenmaier, Planner II, Planning and Community Development CN8 Rezoning Case No. 22CZ13 - 2021 N Salem St PUD - Set Public Hearing Sarah Van Every, Senior Planner, Planning and Community Development CN9 Rezoning Case No. 22CZ16 - 1039 Irongate Drive - Statement and Ordinance Lauren Staudenmaier, Planner II, Planning and Community Development CN10 Street Tree Maintenance Agreement - Depot 499 Owners Association John Mullis, Director, Public Works CN11 Tax Report - August 2022 Allen Coleman, Town Clerk, Town Clerk’s Office CN12 Unified Development Ordinance (UDO) Amendments - September 2022 Amanda Bunce, Current Planning Manager, Planning and Community Development PRESENTATIONS PR1 Proclamation – Fire Prevention Week – October 9 through 15, 2022 Jacques K. Gilbert, Mayor, and Tim Herman, Fire Chief (sponsor) 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 PH1 Annexation No. 703 - Haddock Properties - 1.989 acres Dianne Khin, Director, Planning and Community Development PH2 Bicycle and Pedestrian System Plan Map Amendment - Proposed Facility Type Changes - Richardson Road Jenna Shouse, Senior Long Range Planner NEW BUSINESS – None  UPDATES BY TOWN MANAGER CLOSED SESSION Council will enter into closed session pursuant to: CS1 Steve Adams, Utility Acquisition Specialist NCGS §143-318.11 (5): “To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.” CS2 Brian Meyer, Deputy Town Attorney Re: ExperienceOne Homes, LLC vs. Town of Apex NCGS §143-318.11 (3): “To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.” CS3 Laurie Hohe, Town Attorney NCGS §143-318.11 (6): “To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.” CS4 Jacques K. Gilbert, Mayor, and Audra Killingsworth, Mayor Pro-Tempore NCGS §143-318.11 (6): “To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.” ADJOURNMENT