Regular Town Council Meeting

REVISED AGENDA | REGULAR TOWN COUNCIL MEETING Tuesday, June 24, 2025 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 Governing Body and Town Senior Executive Leadership Mayor: Jacques K. Gilbert | Mayor Pro-Tempore: Edward Gray Council Members: Audra Killingsworth; Brett D. Gantt; Terry Mahaffey; Arno Zegerman Town Manager: Randal E. Vosburg Deputy Town Manager: Shawn Purvis Assistant Town Managers: Demetria John and Marty Stone Town Clerk: Allen L. Coleman | 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 Agreement - Apex Chamber of Commerce - The Depot Lease Agreement - July 1, 2025 through June 30, 2028 Joanna Helms, Director, Economic Development Department CN2 Agreement Ratification - North Carolina Department of Transportation (NCDOT) - Supplemental Agreement No. 2 - Fred Smith Company - Beaver Creek Greenway Angela Reincke, Parks Planning Manager ASLA, Parks, Recreation, and Cult. Res. Dept. CN3 Agreement - North Carolina Department of Transportation (NCDOT) - Traffic Review and Inspection Agreement - Tunstall Avenue and Center Street Sidewalk Chris Johnson, MPA, P.E., Director, Transportation and Infrastructure Development Dept. CN4 Annexation No. 769 - Thriftwood Drive and Derry Down Lane – Insufficient Allen Coleman, Town Clerk CN5 Capital Improvement Plan (CIP) Adoption - Fiscal Year 2025-2026/2029-2030 – Capital Project Ordinance Amendments 2025-13, 2025-14, 2025-15, 2025-16, and 2025-17 Jessica Hoffman, Interim Director, Budget and Performance Management Department Page 1 of 6 CN6 Capital Project Ordinance Amendment No. 2025-12 – GoApex and Tunstall House Funding Allocations Jessica Hoffman, Interim Director, Budget and Performance Management Department CN7 Contract Amendment - Fred Smith Company - Change Order No. 3 - Middle Creek Greenway - Additional Costs and Extend Completion Date to September 19, 2025 Angela Reincke, Parks Planning Manager ASLA, Parks, Recreation, and Cult. Res. Dept. CN8 Contract Amendment Ratification - Salisbury and Moore Construction Inc. - Apex Community Park Street Rinks Construction Angela Reincke, Parks Planning Manager ASLA, Parks, Recreation, and Cult. Res. Dept. CN9 Contract Award – Down East Preservation Construction and Design LLC – Tunstall House Preservation Project – Buildings Daniel Edwards, Senior Capital Projects Manager, Town Manager’s Office CN10 Contract Award – C.T. Wilson Construction Company – Tunstall House Preservation Project – Site and Utilities Daniel Edwards, Senior Capital Projects Manager, Town Manager’s Office CN11 Contract Award - Nature Trails, LLC - Design-Build Contract for Hunter Street Bike Track Angela Reincke, Parks Planning Manager ASLA, Parks, Recreation, and Cult. Res. Dept. CN12 Contract Multi-Year Renewal – Zencity Technologies US Inc. – July 1, 2025 through June 30, 2028 Stacie Galloway, Director, Communications Department CN13 CSX Transportation Inc.- Authorize Project Initiation Form - Rail Relocation Study Shannon Cox, Long Range Planning Manager, Planning Department CN14 Council Meeting Minutes – Various Allen Coleman, Town Clerk CN15 Ordinance Amendments - Chapter 2 - Administration and Chapter 15 - Parks and Recreation - Various Sections - Resident Advisory Board Structure Changes Allen Coleman, Town Clerk CN16 Resident Advisory Board Administrative Policy Adoption Allen Coleman, Town Clerk CN17 Resolution – Abandon Existing Sanitary Sewer Easement - 505 and 513 South Hughes Street Steve Adams, Real Estate and Utilities Acquisition Specialist, Trans. and Infra. Dev. Dept. Page 2 of 6 CN18 Resolution - Establishment of Peak Plan 2055 Task Force Allen Coleman, Town Clerk, and Shannon Cox, Long Range Planning Manager, Planning Department CN19 Resolution - Water Resources Development Grant Program - Beaver Creek Nature Park Stream and Floodplain Restoration Hannah Behr, Stormwater Engineer, Water Resources Department CN20 Resolution of Support Installation of Public Art in Public Right-Of-Way - Salem Street Crosswalk Mural Taylor Wray, Cultural Arts Center Manager, Parks, Recreation, and Cultural Resources Dept. CN21 Surplus Badge and Service Weapon - Former Apex Police Captain Justin Rosser Ryan Johansen, Police Chief, Apex Police Department UPDATES BY TOWN MANAGER 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. PRESENTATIONS PR1 Apex Public School Foundation - Quarterly Peak S.T.A.R. Awards - 4th Quarter Councilmember Terry Mahaffey, Sponsor, and Barbara Conroy Co-Founder and President of Apex Public School Foundation PR2 Proclamations - Apex Parks and Recreation Month 2025 Mayor Jacques K. Gilbert 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. Page 3 of 6  PUBLIC HEARINGS PH1 Annexation No. 799 – Saint Paul American Orthodox Church – Kelly Road/Holland Road – 4.0626 acres – ITEM TO BE CONTINUED Dianne Khin, Director, Planning Department PH2 Annexation No. 790 - Lawrence Property PUD - Olive Chapel Road - 37.98 acres – Continued from May 27, 2025 June Cowles, Senior Planner, Planning Department AND PH3 Apex Transportation Plan Amendment - 24CZ16 Lawrence PUD - Continued from May 27, 2025 Shannon Cox, Long Range Planning Manager, Planning Department AND PH4 Rezoning Case No. 24CZ16 - Lawrence Property PUD – Continued from May 27, 2025 June Cowles, Senior Planner, Planning Department PH5 Annexation No. 800 – Atkins Hudson Davidson Homes Assemblage – New Hill Olive Chapel Road – 16.80 acres – ITEM TO BE CONTINUED Dianne Khin, Director, Planning Department PH6 Rezoning Case No. 25CZ06 New Hill Olive Chapel Assemblage – ITEM TO BE CONTINUED Bruce Venable, Planner II, Planning Department NEW BUSINESS NB1 Apex Affordable Housing Incentive Zoning Policy – Recommended Updates Marla Newman, Director, Community Development and Neighborhood Connections NB2 Apex Homeownership Incentive Pilot Program and Budget Ordinance Amendment No. 13 Marla Newman, Director, Community Development and Neighborhood Connections NB3 Appointments - Culture and Arts Advisory Board (CAAB) Allen Coleman, Town Clerk NB4 Appointments - Culture and Arts Advisory Board (CAAB) – Chair and Vice-Chair Allen Coleman, Town Clerk NB5 Appointments - Environmental Advisory Board (EAB) Allen Coleman, Town Clerk Page 4 of 6 NB6 Appointments - Environmental Advisory Board (EAB) – Chair and Vice-Chair Allen Coleman, Town Clerk NB7 Appointments - Multimodal Transportation Advisory Board (MTAB) Allen Coleman, Town Clerk NB8 Appointments - Multimodal Transportation Advisory Board (MTAB) – Chair and Vice- Chair Allen Coleman, Town Clerk NB9 Appointments - Parks and Recreation Advisory Board (PRAB) Allen Coleman, Town Clerk NB10 Appointments - Parks and Recreation Advisory Board (PRAB) – Chair and Vice-Chair Allen Coleman, Town Clerk NB11 Appointments - Planning Board Allen Coleman, Town Clerk NB12 Appointments - Planning Board – Chair and Vice-Chair Allen Coleman, Town Clerk NB13 Appointments - Board of Adjustment (BOA) Allen Coleman, Town Clerk NB14 Appointments - Board of Adjustment (BOA) – Chair and Vice-Chair Allen Coleman, Town Clerk CLOSED SESSION Council will enter into closed session pursuant to: CS1 Joanna Helms, Director, Economic Development Department NCGS §143-318.11(a)(4): “To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body, including agreement on a tentative list of economic development incentives that may be offered by the public body in negotiations, or to discuss matters relating to military installation closure or realignment.” CS2 ADDED - Laurie Hohe, Town Attorney RE: Samuels v. Town of Apex NCGS §143-318.11(a)(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.” Page 5 of 6 CS3 ADDED - Laurie Hohe, Town Attorney NCGS §143-318.11(a)(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.” CS4 Allen Coleman, Town Clerk NCGS §143-318.11(a)(1): “To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.” ADJOURNMENT Page 6 of 6