84  CONCORD CITY COUNCIL REGULAR MEETING MAY11,2023  Ar regular meeting of the City Council for the City of Concord, North Carolina, was held in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on May 11, 2023, at 6:00 p.m.  with Mayor William C. Dusch presiding. Council members were present as follows:  Members Present: Mayor Pro-Tem JC McKenzie Council Member Andy Langford Council Member W. Brian King Council Member Betty M. Stocks Council Member Terry L. Crawford Council Member Jennifer Parsley-Hubbard Council Member John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason Assistant City Managers Department Directors  Others Present:  Call to Order, Pledge of Allegiance, and Moment of Silent Prayer:  The meeting was called to order by Mayor Dusch followed by the Pledge of Allegiance and a  moment of silent prayer. Approval of Minutes:  Al motion was made by Council Member Crawford and seconded by Council Member Sweat to approve ther minutes for ther meetings of March 21, April 11, and April 13, 2023--the vote: all aye.  Presentations:  1. Mayor Dusch presented a retirement plaque to Travis Wilmot recognizing over 31 years of faithful, loyal and dedicated service to the City of Concord Buildings and 2. Mayor Dusch presented al Proclamation recognizing May 21 -27, 2023 as National 3. Mayor Dusch presented a Proclamation recognizing May 6, 2023 as Social Action Dayi in honor of the Concord Alumnae Chapter of Delta Sigma Theta Sorority, Inc. 4. Mayor Dusch presented a Proclamation recognizing the month of May as Asian  Grounds Department.  Public' Works Week at the Tuesday, May 9, 2023 Work Session.  Pacific American Heritage Month. Departmental Reports:  1.  Downtown Streetscape update  The Planning and Neighborhood Services Department and Concord Downtown Development  Corporation staff provided an update oni the downtown streetscape project.  A. Recognition of persons requesting to be heard    85  Suzanne Morris, 172 Pitts School Rd, addressed the Council in regards to sewer allocation for ap project proposed on their property. She is stated a developer is interested in purchasing their  property but can't without sewer allocation to the project.  B. Public Hearings  1. Conductap public hearing pursuant to North Carolina General Statutes Sec. 158-7.1 to consider granting a one-year/85% tax-based economic development grant to Old Dominion Freight, Inc., to locate at 2980 New Town Way SW, Concord, North Carolina 28027 and having an investment of approximately $18,000,000 in real and personal Old Dominion Freight, Inc., proposes to develop an approximately 60,000 SF Interstate Motor Freight Terminal to allow for a Less Than Truckload one and two-day deliveries of goods and commodities needed to support local and interstate commerce. These are items consumers need and expect to find at their local grocery, department, retail, home improvement, construction supply, or other types businesses involved in everyday life. Old Dominion Freight, Inc., proposes toi invest approximately $18,000,0001 in real and personal property Thei facility will include approximately 102 dock doors with trailer, tractor, and employee parking and will be constructed on an approximately 40-acre site. The project expects to create approximately 100 newj jobs with full-time average wages of approximately $ 80,000 for salary workers and hourly wages of approximately $25-$30 per hour. The total value of the City's one-year grant is estimated to equal $73,440 depending on the actual investment. The City would still collect a Motion was made by Council Member Crawford and seconded by Council Member Sweat to A motion was made by Council Member Parsley-Hubbard and seconded by Council Member A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member King to deny offering a contract for a one-year/85% tax-based Economic Development Incentive Grant to Old Dominion Freight, Inc., to locate at 2980 New Town Way SW, Concord, North Carolina Mayor Pro-Tem McKenzie explained why he madet ther motion to deny and Council Member King Following the discussion, a vote was then taken on the motion to deny-the vote: Aye - Langford, King, McKenzie and Crawford; Nay - Stocks, Parsley-Hubbard, and Sweat. The 2. Conducta public hearing pursuant to North Carolina General Statutes Sec. 158-7.1 toconsider grantingat three-year/859 tax -based center city economic development, grant to Norstein Properties, LLC, to redevelop two properties located at 69 and 75 Corban Avenue SE, Concord, North Carolina 28025 and having an investment of approximately Norstein Properties, LLC, proposes to develop an approximately 18,192 SF mixed-use development. The first floor will feature five street-level commercial spaces while the second and third floors will feature a combined ten, one and two-bedroom apartments. Norstein Properties, LLC, proposes toi invest approximately $4,200,000 in real and personal property. The total value of the City's three-year grant is estimated to equal $51,408 depending on the actual investment. The City would still collect a three-year net revenue of $9,072 after the A motion was made by Council Member Crawford and seconded by Council Member Parsley- There was no one signed int tos speak ini favor or in opposition to the request. Therefore, ar motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to  property.  one-year net revenue of $12,960 after the incentive payment.  open the public hearing--the vote: all aye. Sweat to close the public hearing-the vote: all aye.  28027  explained his opposition tot the request also.  request was denied.  $4,200,000 in real and personal property.  incentive payments.  Hubbard to open the public hearing-the vote: all aye. close the public hearing--the vote: all aye.    86  Ar motion was made by Council Member Langford and seconded by Council Member Crawford to approve a contract for a three-year /85% tax- based Economic Development Incentive Grant to Norstein Properties, LLC, to redevelop property located at 69 and 75 Corban Ave. SE, 3. Conducta public hearing to approve the submission of the FY2023-24 Action Plan for the US Department of Housing and Urban Development's Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) program. The City of Concord is required to submit an Action Plan to the US Department of Housing and Urban Development (HUD) outlining proposed projects to be accomplished using the allocated funding. The Action Plan includes CDBG and HOME activities planned for the City of Concord, as well as HOME activities for the members of the HOME consortium. As lead entity, Concord is tasked to complete all reporting for the Consortium members. The City's FY23-24 total CDBG program budget is $605,948 which includes the CDBG allocation of $663,654 and $9,000 in estimated program income. The FY23-24 HOME Consortium allocation is $1,315,523. Concord is projected to generate $131,006 in program income. As a result, the total Consortium budget is projected to be $1,446,529. Of this amount the City's proposed allocation of HOME will be $440,303.55 which includes; the city's allocation of $223,529.55 of the project funds, $85,768 for program administration and lead entity administration, and $131,006 in estimated program income. The remaining funds willl be allocated to other members of the HOME Consortium. Items A virtual public hearing was held from April 3rd. - May 5th to receive comments on the proposed 2023/2024 CDBG and HOME program budgetlactivities. The public hearing notice was advertised in The Independent Tribune on April 2nd, 5th, and gth along with the link being provided on the City website. Staff received 1,424 responses and noted those within the plan. The Action A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member King to There was no one signed ini to speak in favor ori in opposition to the request. Therefore, ar motion was made by Council Member Crawford and seconded by Council Member Parsley-Hubbard to A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Crawford to approve the submission of the FY2023-24 Action Plan for the US Department of Housing and Urban Development's Community Development Block Grant (CDBG) and HOME Conduct: a public hearing and consider adopting an ordinance annexing +/- 278.58 acres on Breezy Ln, PINs 5547-06-4548, 5537-98-3213, 5537-98-7403, 5537-98-2315, 5537- 99-6094, 5537-88- 5456, 5547- 17-5193, 5537-98-1655, 5547-17-5388, owned by the Water The petition is for voluntary annexation of +/- 278.58 acres of property located on Breezy Ln. The property, the Rocky River Regional Wastewater Treatment Plant, is currently zoned LDR (Low Density Residential) in Cabarrus County. Staff has coordinated with WSACC to proceed with zoning the property to 0-I (Office Institutional) after annexation. The subject parcels are located within the Civic-Institutional (CI) Land Use Category of the 2030 Land Use Plan where A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Dylan Reinhardt addressed the Council to ask what is being proposed on the property. WSACC Attorney, William Isenhour, explained for Mr. Reinhardt what is being proposed. There were no further speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Council Member  Concord, NC 28025-the vote: all aye.  given in the Action Plan match those in the budget for FY23-24.  Plan budget matches what was submitted in the City's budget.  open the public hearing-the vote: all aye. close the public hearing-the vote: all aye.  Investment Partnerships (HOME) program--the vote: all aye.  4.  and Sewer Authority of Cabarrus County (WSACC).  O-I is listed as a corresponding zoning district. Crawford to open the public hearing- --the vote: all aye.  King to close the public hearing--the vote: all aye.    87  A motion was made by Council Member King and seconded by Council Member Parsley- Hubbard to adopt the following annexation ordinance and set the effective date for May 11, AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF CONCORD, NORTH CAROLINA TO INCLUDE +/- 278.58 ACRES OF PROPERIYLOCATED AT 6400 WHEREAS, the City Council has been petitioned under G.S. 160A-58.1 by the City of Concord, WHEREAS, the City Council has by resolution directed the City Clerk to investigate the WHEREAS, the City Clerk has certified the sufficiency of the petitions and a public hearing on the question of this annexation was held at Concord City Hall, 35 Cabarrus Avenue West, on May 11, 2023 after due notice by The Independent Tribune on April 30th, 2023; and WHEREAS, the City Council finds that the petitions meet requirements of G.S. 160A-58.1; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1. By virtue of the authority granted by G.S. 160A-58.1, the following described territory is hereby annexed and made part of the City of Concord, as of the 11th day of May 2023: O ARRIVE AT THE TRUE POINT OF BEGINNING, COMMENCE AT GPSNO. 1(PK NAIL) HAVING NAD 83(2011) COORDINATES OF N: 577,660.84; E: 1,540,379.15; THEN RUN N04'4615'W: 1329.65' TO AN EXISTING #4 REBAR HAVING NAD 83(2011) COORDINATES OFN: 578,985.876; E: 1,540,268.579; BEING THE SOUTHWEST PROPERTY CORNER OF PAUL R. MORGAN & wife, JEAN MORGAN (NOW OR FORMERLY; DB. 483, PG. 136; CABARRUS COUNTY! REGISTRY). AND BEING THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING AND RUNNING WITH THE SOUTHLINE OF SAID MORGAN N58'56'52'E 302.78' TO AN EXISTING #4 REBAR BEING THE SOUTHWEST PROPERTY CORNER OF HOMER N. BOST, SR. & wife, JEAN E. BOST (NOW OR FORMERLY; DB. 2762, PG. 340; CABARRUS COUNTY REGISTRY), SAID POINT ALSO BEING LOCATED S13'3609'E 193.17' OF AN EXISTING #4 REBAR; THENCE WITH THE SOUTH LINE OF SAID BOST S78°31'26"E (PASSING AN EXISTING #5 REBAR AT A DISTANCE OF 1119.32' AND PASSING AN EXISTING 1-1/4" ROD AT A DISTANCE OF 1702.92) FOR A TOTAL DISTANCE OF 1763.92' TO A COMPUTED POINT IN THE CENTERLINE OF IRISH BUFFALO CREEK; THENCE RUNNING WITH THE CENTERLINE OF SAID IRISH BUFFALO CREEK THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1) S25'2352'E 285.49' TO A COMPUTED POINT; AND 2) S13°01'23"E 439.32' TO THE CENTERLINE INTERSECTION OF SAID IRISH BUFFALO CREEK AND ROCKY RIVER; THENCE WITHTHE CENTERLINE OF SAIDROCKYRIVER THE FOLLOWING SIXTEEN (16) COURSES AND DISTANCES: 1) S25'3423'W 668.33' TO A COMPUTED POINT; POINT; 4) S39°1129"W 238.92' TO A COMPUTED POINT; 5) S67'3551W 589.32' TO A COMPUTED POINT; 6) S53"07'10'W 653.06' TO A COMPUTED POINT; 7) S41'3935'W 432.98' TO A COMPUTED POINT; 8) S69*5727W 239.20' TO A COMPUTED POINT; 9) 588-4331W40025 TO. A COMPUTED POINT; 10) N60"4234W: 542.01' TOA COMPUTED POINT; 11) N30°54'17"W 426.70' TO A COMPUTED POINT; 12) N18-4007W 449.85' TOA COMPUTED POINT; 13) N11°5637"W 598.09' TO A COMPUTED POINT; 14) N26-4822W 308.14' TO A COMPUTED POINT; 15) N41*51'24"W 554.57 TO. A COMPUTED POINT; AND 16) N73016/04W 218.50' TO A COMPUTED POINT; THENCE LEAVING THE CENTERLINE OF SAID ROCKYRIVERNOS-5812W5837T0A: SET#5/ REBAR; THENCE RUNNING WITH THE PROPERTY LINES OF THE WATER AND SEWER AUTHORITY OF CABARRUS COUNTY (DB. 1351, PG. 213; CABARRUS COUNTY REGISTRY) THE FOLLOWING TWO COURSES AND DISTANCES: 1) NO3*34/49W 570.84' TO AN EXISTING #5 REBAR, SAID POINT ALSO BEING LOCATED N84'1300'W 1263.50' OF AN EXISTING 1-1/2" PINCHED PIPE BEING THE SOUTHWEST PROPERTY CORNER OF DONALD T. HILL & wife, TAMARA S. HILL (DB. 849, PG. 431; CABARRUS COUNTY REGISTRY); AND 2) N84'1300"W 24.31' TO AN EXISTING #4 REBAR BEING ON THE WEST PROPERTY LINE OF ISRAEL LOA  2023--the vote: all aye.  ORD.#23-34  BREEZY LANE, CONCORD, NC  on May 11th, 2023 to annex the area described below; and  sufficiency of the petitions; and  Carolina, that:  S21'1617"W  2)  699.24' TO. A COMPUTED POINT; 3) S03*3046W 430.13' TO A COMPUTED    88  LUJAN (NOW OR FORMERLY; DB. 8439, PG. 179; CABARRUS COUNTY REGISTRY); THENCE WITH THE WESTLINE OF SAID LUJAN, MICHAEL S. BOTTA and DAWNL. BOTTA NOWORFORMERLY.DB. 1220, PG.279; CABARRUS COUNTY REGISTRVANDEDWARD ALLEN (NOW OR FORMERLY; DB. 6339, PG. 1; CABARRUS COUNTY REGISTRY) N05°58'12"W (PASSING AND EXISTING NAIL AT A DISTANCE OF 74.98, PASSING AND EXISTING #4 REBAR AT A DISTANCE OF 186.07' AND PASSING AN EXISTING #4 REBAR ATA A DISTANCE OF 298.89) FOR A TOTAL DISTANCE OF 312.68' TO A SET #5 REBAR BEING THE SOUTHWEST PROPERTY CORNER OF JEFFREY P. RINEHARDT & wife, KATHERINE P. RINEHARDT NOWORFORMERLY: DB. 1226, PG. 25; CABARRUS COUNTY REGISTRY); THENCE WITH THE SOUTH LINE OF SAID RINEHARDT N75'3039'E 878.88' TOAN EXISTING 5/8" ROD BEING THE SOUTHWEST PROPERTY CORNER OF LARRY W. SHAVER, JR. & wife, KELLYSHAVER NOWORFORMERLYDE 3025, PG.313; CABARRUS COUNTY REGISTRY); THENCE WITH THE SOUTH LINE OF SAID SHAVER AND THE WATER AND SEWER AUTHORITY OF CABARRUS COUNTY (NOW OR FORMERLY; DB. 10856, PG.310; CABARRUS COUNTYREGISTRY: N81°11'13'E (PASSING A SET# #5 REBAR AT. A DISTANCE OF 185.00' AND PASSING AN EXISTING 5/8" ROD AT A DISTANCE OF 371.27) FORA TOTAL DISTANCE OF 405.40' TO A COMPUTED POINT IN BREEZY LANE (60' RIGHT-OF-WAY; DB. 422, PG. 326; CABARRUS COUNTY REGISTRY); THENCE RUNNING WITH LINES IN, BUT NOT NECESSARILY IN THE CENTER OF SAID BREEZY LANE, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: 1) M155429W9324T0A COMPUTED POINT;2) NO8'5229W1684970ACOMPUTED: PONT3M0272W2I TO, AN EXISTING RAILROAD SPIKE; 4) N17-5923W/309.13 TOA COMPUTED POINT; AND 5) NO01309"W 139.22' TO AN EXISTING #5 REBAR BEING LOCATED AT OR NEAR THE CENTERLINE INTERSECTION OF SAID BREEZYLANE. AND SIMPLICITYROAD: (60' RIGHT- OF-WAY AGREEMENT; DB. 412, PG. 501; CABARRUS COUNTY REGISTRY); THENCE RUNNING WITHLINES IN, BUTI NOTNECESSARLYNTHE CENTER OF SAID SIMPLICITY ROAD, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1) S64'4900'E 402.07'TO AN EXISTING #4 REBAR, SAID POINT BEING LOCATED S62°5819W 125.90' OF AN EXISTING 1-1/2" IRON PIPE; AND: 2) S87°40'59"E 753.27' TO, A COMPUTED POINT ON THE WEST PROPERTY LINE OF PAUL R. MORGAN & wife, JEAN MORGAN (NOW OR FORMERLY), SAIDA POINT BEING LOCATED S33°5312'E 66.29' OFANEXISTING 1/2" IRON( ROD; THENCE WITH THE WEST LINE OF SAID MORGAN S02°58'04'E (PASSING AN EXISTING: #4 REBARIN CONCRETE. ATAD DISTANCE OF6.16' AND PASSING. ANEXISTING 1"SQUARE IRON AT A DISTANCE OF 207.65) FOR. A TOTAL DISTANCE OF 353.81'TOA POINT, THE TRUE POINT OF BEGINNING; THE AFORE DESCRIBED LAND CONTAINS A TOTAL OF281.144, ACRES, MORE ORLESS, LESS AND. EXCEPTFROM7 THIS TOTAL AREA IS 2.563. ACRES, MORE OR LESS, OWNED BY DONALD T. HILL & wife, TAMARA S. HILL (DB. 849, PG. 431; CABARRUS COUNTY REGISTRY) AS DESCRIBED BELOW, YIELDINGA NET AREA OF 278.581 ACRES, MORE OR LESS, AS SHOWN ON A CESI SURVEY TITLED BOUNDARY SURVEY OF: WATER & SEWER AUTHORITY OF CABARRUS COUNTY" (DATED APRIL 9, 2014; LASTREVISED FEBRUARY 12, 2015; JOBI NO. 140029.000). LESS AND EXCEPT PROPERTY OF DONALD T. HILL & wife, TAMARA S. HILL:  TO ARRIVE ATTHE TRUE POINT OFE BEGINNING, COMMENCE ATANEXISTING #5 REBAR BEING THE NORTHWESTI PROPERTYCORNER OF THE WATER. AND SEWER/ AUTHORITY OF CABARRUS COUNTY( (DB. 1351, PG. 213; CABARRUS COUNTYREGISTRY, THENRUN S84'1300'E 1263.50' TO AN EXISTING 1-1/2" PINCHED PIPE BEING THE SOUTHWEST PROPERTY CORNER OF DONALD T. HILL & wife, TAMARA S. HILL AND BEING THE TRUE POINT OF BEGINNING; THENCE FROM THE TRUE POINT OF BEGINNING AND RUNNING WITH THE WEST LINE OF SAID HILL N38-4813'E (PASSING AN EXISTING 3/4" PINCHED PIPE ATA A DISTANCE OF 352.56') FOR A TOTAL DISTANCE OF 381.11'TO/ A COMPUTED POINTI IN ORI NEAR THE CENTER OF BREEZYLANE (60' RIGHT-OF-WAY:DB. 422,PG.3 326; CABARRUS COUNTY REGISTRY); THENCE RUNNING WITH, BUT NOT NECESSARILYIN THE CENTER OF SAID BREEZY LANE S51°2726'E 585.86' TO AN EXISTING RAILROAD SPIKE; THENCE RUNNING WITH A COMMON PROPERTY LINE OF THE WATER AND SEWER AUTHORITY OF CABARRUS COUNTY N84'2527W (PASSING AN EXISTING 5/8" RODATA DISTANCE OF 533.87) FOR A TOTAL DISTANCE OF 700.37' TO. A POINT, THE TRUE POINT OF BEGINNING, CONTAINING 2.563 ACRES, MORE OR LESS, AS SHOWN ON A CESI SURVEY TITLED BOUNDARY SURVEY OF: WATER & SEWER AUTHORITY OF CABARRUS COUNTY" (DATED APRIL 9, 2014; LAST REVISED FEBRUARY 12, 2015; JOB SECTION:2. Upon and after the 11th day of May, 2023 the above-described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in  NO. 140029.000).    89  the City of Concord and shall be entitled tot the same privileges and benefits as other parts of the City of Concord. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. SECTION 3. The Mayor of the City of Concord shall cause to be recorded in the office of the Register of Deeds of Cabarrus County, and in the Office of the Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County SECTION 4. Notice of adoption of this ordinance shall be published once, following the effective date of annexation, in a newspaper having general circulation in the City of Concord.  Board of Elections, as required by G.S. 163-288.1.  Adopted this 11th day of May 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  5.  Conduct a public hearing and consider adopting an ordinance annexing +l- 22.40 acres at 226 Burrage Rd, PIN 5631-14-9836, owned by Eugene F. Brown III, Denise P. Brown, Phyllis Anne Brown, and John Christian Brown, for construction of twenty-five The petition is for voluntary annexation of +/- 22.40 acres of property on Burrage Rd. The property is currently zoned RM-1 (Residential Medium Density) in the City of Concord ETJ. The developer has proposed to construct twenty-five (25) single-family detached homes on the site where RM-1 design standards will be utilized. The project was allocated sewer on September A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member King to  (25)single-family homes.  20, ,2022.  open the public hearing- -the vote: all aye.  The project Developer, William Niblock, spoke in favor of the request.  Greg Sharen spoke in opposition of the request. He stated he is concerned of increased traffic There were no further speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Council Member A motion was made by Council Member Langford and seconded by Council Member Crawford to adopt the foliowing annexation ordinance and set the effective date for May 11, 2023-the AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF CONCORD, NORTH CAROLINA TO INCLUDE +/-22.40 ACRES OF PROPERTY LOCATED AT226 WHEREAS, the City Council has been petitioned under G.S. 160A-58.1 by the City of Concord, WHEREAS, the City Council has by resolution directed the City Clerk to investigate the  on Burrage Road should the annexation be approved. Sweat to close the public hearing--the vote: all aye.  vote: all aye.  ORD.#23-35  BURRAGE RD, CONCORD, NC  on May 11th, 2023 to annex the area described below; and  sufficiency of the petitions; and    90  WHEREAS, the City Clerk has certified the sufficiency of the petitions and a public hearing on the question of this annexation was held at Concord City Hall, 35 Cabarrus Avenue West, on May 11, 2023 after due notice by The Independent Tribune on April 30th, 2023; and WHEREAS, the City Council finds that the petitions meet requirements of G.S. 160A-58.1; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1. By virtue of the authority granted by G.S. 160A-58.1, the following described territory is hereby annexed and made part of the City of Concord, as of the 11th day of May 2023: All those certain parcels of land, situated, lying and being in Cabarrus County, North Carolina, Beginning at Point, said point being a 2" pipe found, said point also being the southwest corner of the MMR Ventures LLC property as shown in Deed:6488-299 and recorded in the Cabarrus County Register of Deeds Office, said point also being the northwest corner of the M.R. Vanderburg Jr property as shown in Deed 934-235 and recorded in the Cabarrus County Registry Thence from said Point of Beginning with the western line oft the M.R. Vanderburg Jr property as shown in Deed 934-235 $53-14-45W 621.85' to a point, the southwest corner of the M.R. Vanderburg Jr property, said point also being the northeast corner of the Todd Fornari property as shown in Deed:12842-241 and recorded in the Cabarrus County Register of Deeds Office; Thence 2 calls S71-39-09W 75.27' to a 1" pipe found; 2) S66-31-51W 426.21 to a point, (said point being N66-31-51E 63.00' from a #4 rebar found, said #4 rebar being the Gregory E. Scharding property as shown in Deed:15332-213. and recorded in the Cabarrus County Register of Deeds Office); Thence 3 newl lines with the existing City of Concord city limits; 1)N07-45-31W 98.71' to a point; 2) N31-28-37W 273.86' to a point; 3) N62-55-21W 376.79' to a point in the eastern line of the of the ASA Blackwelder property as shown in Deed 16045-94 and recorded in the Cabarrus County Register of Deeds Office; Thence with the eastern line of the ASA Blackwelder property N14-15-20E 230.77' to a point, said point being the southerly corner of the Jeffrey L. Blankenship property as shown in Deed 13059-228 and recorded in the Cabarrus County Register of Deeds Office; Thence 2 calls with the southern lines of the Jeffrey L. Blankenship property, 1) N23-45-25E 197.74'to a %" iron found; 2) S62-40-12E 82.39' toa%" iron found, the southwest corner of the Marcus J. Singleton property as shown in Deed:15644- 157 and recorded ini the Cabarrus County Register of Deeds Office; Thence N74-38-54E 1045.85 to an axle found, said axle being on the western line of the and recorded in the Cabarrus County Register of Deeds Office; Thence with the western line of the MMR Ventures LLC property. Thence with the western line of the MMR Ventures LLC property S21-57-19E 626.39' toa2" pipe  Carolina, that:  and more particularly described as follows:  of Deeds Office;  found the Point of Beginning. Said property containing 22.400 Acres.  SECTION 2. Upon and after the 11th day of May, 2023 the above described territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the City of Concord and shall be entitled to the same privileges and benefits as other parts of the City of Concord. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. SECTION 3. The Mayor of the City of Concord shall cause to be recorded in the office of the Register of Deeds of Cabarrus County, and in the Office of the Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County SECTION 4. Notice of adoption of this ordinance shall be published once, following the effective date of annexation, in a newspaper having general circulation in the City of Concord.  Board of Elections, as required by G.S. 163-288.1.  Adopted this 11th day of May 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor    91  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  6.  Conduct a public hearing to consider adopting an ordinance amending Article 7 "Base Zoning Districts", Article 7.8.2 ("Multifamily Design Standards") to amend the minimum spacing requirements for single story structures within multifamily This amendment was a companion change to accompany the "tiny home" standards, which have been referred back to staff for further refinement. At the April 18th work session, Council stated that this portion of the amendment is reasonable and should be considered. This amendment reduces the multifamily building spacing from 20 feet to 10 feet (for single story structures only) standards. At their February 21st meeting, the Planning and Zoning Commission recommended AI motion was made by Council Member Parsley-Hubbard and seconded by Council Member There was no one signed in to speak int favor or in opposition to the request. Therefore, ar motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford to adopt the following Statement of Reasonableness and Consistency-the vote: all aye.  developments.  and corrects a cross-reference regarding to unit threshold for the multifamily  this amendment to Council.  Sweat to open the public hearing- the vote: all aye. close the public hearing- -the vote: all aye.  The proposal is consistent with the 2030 Land Use Plani int that Section 5.2 (General Land Use Challenges and Opportunities) states that the City should foster infill and redevelopment. Furthermore, Goal 9 contains several policies and objectives relative to The proposal is reasonable in that it allows for the development of infill housing and A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford to adopt the following ordinance amending Article 7.8.2 ("Multifamily Design Standards") of the Concord Development Ordinance (CDO) to adopt regulations to amend the minimum spacing requirements for single story structures within multifamily developments--the vote: all aye.  affordable housing and infill development options. provides for affordable housing opportunity.  ORD.#23-36  AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA  WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July 28, 1977; and WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute $S160D-601 through 160D-605, 160D-701 through 160D-706, 160D- 801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning regulations and restrictions WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize a need to amend NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 7 "Base Zoning Districts" Section 7.8"Standards for Multifamily Development," Section 7.8.2  and zone boundaries; and  the text of certain articles of the City of Concord Development Ordinance.  Carolina:  "Applicability" be amended to the following:    92  7.8.2. APPLICABILITY  A. The provisions of this Section shall apply to multi-family residential developments for four (4) or more dwelling units as permitted by Table 8.1 of this Ordinance. B. Single-family homes, duplexes and triplexes on individual lots are exempt from the C. The City may modify bulk and density and/or parking and access standards for multifamily residential developments and single-family attached residential developments in TND, TOD, MX, PRD, PUD and conditional zoning districts, or approve open space and other design standards that result in a product that better achieves the design principles in SECTION 2: That the following section of Concord Development Ordinance (CDO) Article 7 "Base Zoning Districts" Section 7.8'Standards for Multifamily Development," Section 7.8.9  standards of this Section, but still musti follow Section 7.7.  Figure 7.8-1.  "Dimensional and Density Standards" be amended to the following: 7.8.9 DIMENSIONAL AND! DENSITY STANDARDS  The maximum impervious surface coverage (impervious surface ratio) shall conform to the standards as set forth and described in Article 4 and shown on Table 7.6.2-A for the appropriate zoning district. Multi-family or single-family attached developments that are allowed (by right or as conditional use) in non- residential districts shall use the dimensional and density standards of Table 7.6.2-A and 7.6.2.B as seti forth for the RC district. Where al Watershed Overlay The minimum spacing between multi-story buildings is 20 feet, plus one (1) foot for each one (1) foot of building height in excess of 30f feet. For single story buildings containing one or two units, the minimum spacing shall be ten (10) feet.  District exists, the more restrictive requirements shall apply.  SECTION 3: That the following section of Concord Development Ordinance (CDO) Article 7 "Base Zoning Districts" Section 7.8"Standards for Multifamily Development," Section 7.8.17, Table 7.8.17 "Multifamily Dimensional and Standards" be amended to thei following:  78,17MULT-FAMILY DIMENSIONAL STANDARDS  Multi-family development shall comply with the standards in Table 7.8.17.  TABLE7.8.17- Multifamily Dimensional Standards  See Table 7.6.2A.*  No density limits apply in the Center City (CC) district Multi-family units on the upper floors of commercial structures in B-1, C-1 and C-2 shall not be subject to density limits  Density  Lot Width and Depth See Table 7.6.2A.*  Front Setback or  Developments of less than 40 dwelling units: see Table 7.6.2B. * Developments of 40 or more dwelling units: 50f feet, except that required off-street parking is located at the rear of the building(s).  Street Side Setback the minimum front setback may be reduced to 201 feet ifa all  Interior Side Setback 20 feet  Rear Setback Buildings  201 feet  Separation Between 201 feet, plus one (1) foot for each one (1) foot of building height  ine excess of 30 feet for multi-story buildings. 101 feet for single- story buildings containing one (1) or two (2) units. (Note: multi-family developments allowed in non-residential  See Table (10.5)  Common Open Space districts shall comply with the open space standards for  residential districts in Table (10.5.13)    93  Maximum Building Length NOTES:  180 feet  Multi-family or Single-family attached developments that are allowed (by right or as special use) in non-residential districts shall use the dimensional and density standards of Table 7.6.2 A. except as specified above. Multi-family or single family attached developments in the O-I district shall only be permissible as incidental to an institutional use (such as a church or school). Int the B-1, C-1 and C-2 zoning districts, multi-family development shall only be permissible on thirty percent (30%) of the total land area of the parcel (exclusive of special flood hazard area and stream buffers). Density for multifamily development in the B-1, C-1 and C-2 zoning districts shall be calculated on the 30% of the total land area (less special flood hazard area and stream SECTION 4: That all remaining Articles and Sections of this Ordinance be renumbered to  buffers) and not ont the entire parcel.  include the newly created Articles and Sections.  SECTION 8: That this Ordinance be effective immediately upon adoption.  Adopted in this May 11th, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  7. Conduct a public hearing to consider adopting an ordinance amending Article 8 ("Use Regulations"), Sections 8.4.2 ("Location) and 8.4.3 ("Height"), to clarify maximum Staff has been responding to numerous requests from citizens regarding the CDO's restriction on accessory structures. The provisions are not particularly clear but the CDO appears to limit thes structures to a maximum of fifteen (15) feet regardless of where the structure is placed within the yard. The height restriction impairs the development of accessory dwelling units (ADUS) located above a garage, which are permitted in residential zoning districts. The proposed changes are to keep thef fifteen foot heightr restriction whent the structure is located at the smaller accessory structure setback, andi to allow two (2) story structures to be constructed at the larger At their April 18 meeting, the Planning and Zoning Commission discussed some minor language changes to make this section of the CDO clearer. The Commission unanimously recommended A motion was made by Council Member Crawford and seconded by Council Member Sweat to There was no one signed in to speak int favor ori in opposition toi the request. Therefore, a motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Langford to close Ar motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford  height requirements for accessory structures.  principal structure setback.  the amendment to Council with the minor changes. open the public hearing-the vote: all aye. the public hearing--the vote: all aye.  to adopt the following Reasonableness and Consistency--the vote: all aye.  Thep proposal is consistent with the 2030 Land Usel Plan in that Section 5.2 (GeneralLand Use Challenges and Opportunities) states that the City should foster infill and redevelopment. Furthermore, Goal 9 contains several policies and objectives relative to The proposal is reasonable in that it allows for the development of infill housing and  infill development options. redevelopment.    94  A motion was made by Council Member Parsley-Hubbard. and seconded by Council Member Sweat to adopt the following ordinance amending Article 8 ("Use Regulations"), Sections 8.4.2 ("Location) and 8.4.3 ("Height"), to clarify maximum height requirements for accessory  structures--the vote: all aye.  ORD.#23-37  AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA  WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July 28, 1977; and WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute $$160D-601 through 160D-605, 160D-701 through 160D-706, 160D- 801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning regulations and restrictions WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize a need to amend NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1: That thet following section of Concord Development Ordinance (CDO). Article 8 "Use Regulations," Section 8.4.2"Location" and Section 8.4.3 "Height" be deleted in its entirety. SECTION2: That the following section of Concord Development Ordinance (CDO) Article 8' "Use Regulations, Section 8.4.2"Location" and Section 8.4.3 "Height" be rewritten as follows:  and zone boundaries; and  the text of certain articles of the City of Concord Development Ordinance.  Carolina:  8.4.2. LOCATION  A. Accessory structures shall be required meet the setback standards for accessory structures as set forth in Section 7.6.3 Dimensional and Density Standards. Accessory structures may be located within a setback yard for principal structures and shall be regulated in accordance with the standards below. No accessory structure shall be located less than 36 inches from the exterior wall of the principal structure. Structures that are located closer than 36 inches shall be considered as additions to the principal structure and shall B. For residential lots not exceeding two (2) acres, detached accessory structures shall not be located in the front yard. Detached accessory structures may be built in the required rear yard but such accessory structures shall not occupy more than thirty (30%) percent of the required rear yard and shall not be closer C. Forr residential lots exceeding two (2) acres, detached accessory structures may be located in the front yard but not closer than seventy-five feet (75) from the front property line/street right-of-way. Detached accessory structures may be closer than the distance specified above if they are not visible from a public D. The location of permitted non-residential accessory structures shall be governed by the same dimensional regulations as set forth for the principal use E.A Accessory structures on double frontage lots shall not be closer to either street  conform to all applicable setbacks.  than five feet to any side or rear lot line or setback line.  street. structure(s).  than the required front yard setback.  8.4.3. HEIGHT  A. Accessory structures shall not exceed fifteen (15) feet in height, where the accessory structure complies with the minimum accessory structure setback as    95  specified in Table 7.6.2.B. The accessory: structure mayl bet two stories inl height ifthe accessorys structure complies with ther minimum principal structure setback  as specified in Table 7.6.2.B.  SECTION 3: That all remaining Articles and Sections oft this Ordinance be renumbered to  include the newly created Articles and Sections.  SECTION 4: That this Ordinance be effective immediately upon adoption.  Adopted ini this May 11, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk E. Presentations of Petitions and Requests  Is/ VaLerie Kolczynski, City Attorney  1. Ave SE.  Consider adopting a resolution of intent on the matter of closing the right-of-way ofa an unopened-+l- 15-foot wide alley running parallel to Corban Ave SE, including the abandonment of the right-of-way fora +l-225-foot! long alley that runs behind 125 Corban This alley was originally part of the M.L. Widenhouse subdivision, which was platted in 1914. The alley was never opened andi is unimproved. Charles Stapleton and Stephanie Stapletonare the applicants and owners/developers of Greenway Village Park, an eight-unit single family development proposed on adjacent land at 164 Wilkinson Court, SE. The applicants own a majority of the property adjacent of the alley and each property owner adjacent to the alley will receive half of the portion of the alley being abandoned. However, the General Statutes has a provision to alter the division of the abandoned right-of-way by the filing of a plat signed by all The General Statutes require that the City post signs in two (2) places along the right-of-way, send copies of the approved resolution of intent to all neighboring owners after adoption, and advertise in the newspaper once a week for four (4) successive weeks. The notice requirement A motion was made by Council Member Langford and seconded by Council Member Sweat to adopt the following resolution of intent to set a public hearing for June 8th, 2023-the vote: all  adjacent owners.  would allow the hearing to be conducted at the June 8, 2023 meeting.  aye.  RESOLUTION OF INTENT  WHEREAS, G.S. 160A-299 authorizes the City Council to close public streets and alleys; and WHEREAS, the City Council considers it advisable to conduct a public hearing for the purpose of giving consideration to the closure of an unopened portion of an alley parallel to Corban  Avenue, SE as more specifically set forth below:  NOW, THEREFORE, BE ITI RESOLVED by the City Council that:  (1) A meeting will be held at 6:00 p.m. on the 11th day of May, 2023 at the City Hall Council Chambers, 35 Cabarrus Ave. W, Concord, NC to consider ar resolution on: the closure of Lying and being in the City of Concord, Cabarrus County, North Carolina and being more Beginning at #4 rebar at property belonging to Charles Stapleton and wife Stephanie Stapleton Lot 6 MB1PG 36 Tract 1 DB 13064F PG274.5630-47-2806 traveling 226.42  the area described as follows:  particularly described as follows:    96  feet N 86* 03' 56" Wtot #4 rebar, thence traveling 15.27 feet NO 03*27'03" to a stake at the corner of property Charles Stapleton and wife Stephanie Stapleton lots 14-17 MB 1PG 36 Tracts 3 &4 4 DB 13064 Pg 274 5630-180077, 5630-18-2007, thence traveling 225.18 feet S 85*31'42" Wi to as stake, thence traveling 14.97 feet S 01*48'50" E to the beginning (2) The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks in The Independent Tribune or other newspaper of general circulation in (3) The City Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of this Resolution of Intent. (4) The City Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required by G.S. 160A-299.  #4 rebar  the area.  Adopted this 11th day of May, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch Mayor  ATTEST: Is/ Kim Deason, City Clerk  2.  Consider amending the allocation of $385,000 in HOME funds to Jim Sari and Company to $770,000 to Strategic TC Properties, LLC for the rehabilitation of Coleman In June of 2020, Council approved the allocation of $385,000 in HOME funds to Jim Sari & Company for the rehabilitation of the historic Coleman Mill into affordable rental housing units. This allocation would account for seven (7) floating HOME units within the complex. Since that time, COVID related delays and delays from Federal and State agencies have limited movement on the site. As a result, the original investor backed out of the project at the end of 2022. However, a new investment was secured the beginning of 2023. This new investor is the result of partnership changes with the project organization. Caryn Winters, the managing lead for Aventurine One, is now the majority owner and point person for the completion of the project. With the rise in material costs from the original allocation to now, Strategic TC Properties, LLC have requested to increase the HOME allocation from $385,000 to $770,000. This increase will also raise the number of HOME units from seven (7) units to eleven (11) units designated as floating low-rent units by HUD. The eleven (11). units will consist of three (3) studio units, three (3) one-bedroom units, four (4) two-bedroom units, and one (1) three-bedroom unit. Repayment of the funds will be amended to a minimum payment of $20,000 each year for 15 years and a The current time frame is to the close the purchase of the property and bond portion in June. Construction would begin within a few weeks of closing. HOME funds would be requested in late Staff evaluated the impact of the request on funds and determined the request could be provided from program income generated from the sale of the two (2) homes under construction on Sycamore Drive. Thus, there would be no impact to the current funding or proposed use of FY Ar motion was made by Council Member Crawford and seconded by Council Member Stocks to amend the allocation of $385,000 in HOME funds to Jim Sari and Company to $770,000 to Strategic TC Properties, LLC for the rehabilitation of Coleman Mills, which will have a total of Consider authorizing the City Manager to negotiate and execute a contract with Bolton & Menk, Inc. in the amountofs158,870 to complete the Concord Mills/Bruton Smith  Mills which will have a total of 152 units of affordable housing.  balloon payment at the end of year 15 for the remainder.  2023 and 2024.  23/24 funds presented in the budget.  152 units of affordable housing- the vote: all aye.  3.  Blvd Mixed-Use Corridor Plan.    97  The 2030 Land Use Implementation Work Plan calls for a Mixed-Use Corridor Plan along Concord Mills/Bruton Smith Blvd (LU-29). It states that the corridor plan should address local land use changes necessary for retail and other uses to remain viable; multi-modal connectivity An RFQ fort the Corridor Plan was posted on January 9, 2023 with submissions due by February 10, 2023. The City of Concord received five submissions which were reviewed by a selection committee made up of Planning, Transit, Parks & Recreation and Transportation staff and a representative from the Cabarrus Visitors Bureau. Four of the five submissions were invited for interviews and Bolton & Menk, Inc. (formerly Cole. Jenest & Stone) was selected from these four A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a Bolton & Menk, Inc. in the amount of $158,870 to complete the Concord Mills/Bruton Smith Blvd Mixed-Use Corridor  along the corridor and other challenges identified within the Land Use Plan.  firms.  Plan-the vote: all aye.  4.  Consider adopting a resolution authorizing eminent domain actions for permanent The following permanent easements are required by the Water Resources Department in order Parcel 1. This property is currently owned by Rodney Barrell. The total appraised tax value of the property is listed at $244.800.00. The Engineering department calculated the value of the 11,658 square foot easements to be $3368.44. The property owner has executed the deed of easement; however, he has not returned additional required paperwork and the consent of the Parcel 2. This property is currently owned by Christal T. Layton. The total appraised tax value of the property is listed at $128,580.00. The Engineering department calculated the value of the 3,502 square foot easements to be $1808.88. The property owner has executed the deed of easement; however, the consent oft the mortgage lender has not been returned. Parcel 3. This property, consisting of 2 parcels, is currently owned by Brenda Deese. The total appraised tax value of the property is listed at $19,860.00 for a vacant parcel and $31,470.00 for an improved parcel. The Engineering department calculated the value of the 3,501 square foot easement and the 10,946 square foot easement combined to be $4,679.21. The property Parcel 4. This property, consisting of2 parcels, is currently owned by William Gerald Harvell and wife, Carolyn M. Harvell. The total appraised tax value of the property is listed at $14,290.00 for a vacant parcel and $ 121,920.00 for an improved parcel. The Engineering department calculated the value of the 3,388 square foot easement and the 2,416 square foot easement combined to be $2,347.60. The property owner has not responded to any correspondence from A motion was made by Council Member Langford and seconded by Council Member Crawford to adopt the following four resolutions authorizing eminent domain actions for permanent  easements for six parcels located along Zion Church Road.  to construct the Zion Church Road waterline.  mortgage lender has not been returned.  owner has not engaged in negotiations with city staff.  city staff.  easements for six parcels located on Zion Church Road-the vote: all aye.  RESOLUTION AUTHORIZING NEGOTIATED PURCHASE ORI EMINENT DOMAIN TO ACQUIRE PROPERTY  WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines that itis necessary and in the public interest to acquire a variable width permanent utility easement on  the real property parcel identified and defined, as follows: Variable Width Permanent Utility Easement:  Lying and being in No. 11 Township, Cabarrus County, North Carolina, crossing Lots 12 thru 15 Block' 'C' of the W. E. Litaker Estate (Map Book 10 Page 56) Deed Book 11454, Page 209 (PIN: 5529-94-1370) (Real ID: 11-034-0014.40 as recorded among the Cabarrus County Register of  Deeds; and being more particularly described as follows:    98  Beginning ata an PIPE FOUND located ont the easts side of Public Right of Way line of Zion Church Road (S.R. 1155) ati the common corner ofLots 15 and 16 of Block' 'C', said PIPE FOUNDI being further described as having NC (NAD 83/2011) Ground Coordinates of N: 594,337.07, E: 1,529,079.30' and being located South 09°42'05" West 5,681.89 feet (ground) from NCGS Monument "PENNEY" and being the POINT OF BEGINNING (POB) of the property to be described herein; thence leaving the POINT OF BEGINNING (POB) and running along the 1. South 89°45'09" East 32.40f feet to a COMPUTED POINT said COMPUTEDPOINT being further described as being situated on the common line of the aforesaid Lots 15 and 16 and also being the following two (2) calls, from an existing IRON FOUND on the rear line of the  common line of the aforesaid Lots 15 and 16 of Block 'C'  aforesaid Lot 15  North 00°30'55" Easte 6.26 feet to a COMPUTED POINT at the common rear corner of said Lots 15 and 16 of Block 'C'; thence running along the common line of said North 89°45'09" West 148.10 feet to the COMPUTED POINT; thence leaving said 2. South 04°29'43" East 98.92 feett to a COMPUTED POINT situated on the common 3. South 87°56'46" West 37.08 feet to an existing BENT IRON FOUND on the aforesaid east side of Public Right of Way line of Zion Church Road (S.R. 1155); thence running 4. North 02°52'45" West 50.00 feet to a COMPUTED POINT; thence continuing with 5. North 00039'51" West 50.15 feet to the Point of Beginning and containing 3,502 square feet or 0.080 acres of land, more or less, as shown on map titled, Easement Plat, Crossing the Property of Christal T. Layton," dated April 22, 2022 by the City of Concord WHERAS, the variable width permanent utility easement currently owned by Christal T. Layton, is being acquired for the purpose of the construction of water infrastructure improvements along WHEREAS, representatives oft the City of Concord are in negotiation with the above stated owner NOW, THEREFORE, BEI IT RESOLVED! BY THE CITY COUNCIL OF THE CITY OF CONCORD, The City of Concord will acquire by condemnation or negotiated conveyance for the purposes stated above the property and interest therein described above to the Resolution. The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes,  Lots 15 and 16 of Block 'C'  line and running across the aforesaid Lots 12 thru 15 of Block 'C'  line of Lots 11 and 12 of Block 'C'; thence running with said common line  with said Public Right of Way said Public Right of Way  Engineering Department and is attached as Exhibit A for further reference.  with all fixtures and appurtenances; and  to acquire the above-described property by negotiated conveyance.  THAT:  to acquire the properties described above. Adopted this 11th day of May, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  RESOLUTION. AUTHORIZING NEGOTIATED PURCHASE ORI EMINENT DOMAIN TO ACQUIRE PROPERTY    99  WHEREAS, the City Council fort the City of Concord, North Carolina, hereby determines that itis necessary and in the public interest to acquire a variable width permanent utility easement on  the real property parcel identified and defined, as follows: Variable Width Permanent Utility Easement:  Lying and being in the City of Concord, No. 11 Township, Cabarrus County, North Carolina, crossing Lots 5 and 6 and the "Jim Sossman" lot of Block 'B' of the W. E. Litaker Estate (Map Book 10 Page 56) Deed Book 2694, Page 71 (PIN: 5529-93-4505; Real ID: 11-034-0007.00): as recorded among the Cabarrus County Register of Deeds; and being more particularly described Beginning at an IRON FOUND on the east side Public Right of Way of Zion Church Road (S.R. 1155) at the intersection of said Public Right of Way and the common corner of Lots 6 and 7 of Block 'B' of the aforesaid W. E. Litaker Estate (Map Book 10 Page 56) said IRON FOUND being further described as having Ground Coordinates of N: 593,776.91, E: 1,529,185.45 and being situated South 07°52'03" West 6,219.34 feet (ground) from NCGS Monument "PENNEY" and being the POINT OF BEGINNING (POB) of the property to be described herein; thence leaving the POINT OF BEGINNING (POB) and running along the common line of the aforesaid Lots 6 1. South 76°41'23" East 34.34 feet to a COMPUTED POINT on said common line; thence leaving said common line and running across the aforesaid Lots 5 and 6 and the "Jim Sossman 2. South 12'38'26" East 374.59 feet to a COMPUTED POINT on the common line of said "Jim Sossman" lot and Lot 4 of Block 'B, said COMPUTED POINT being further described as being situated North 72°05'02" West 212.82 feet from an existing AXLE FOUND at thes southeast common corner of the aforesaid "Jim Sossman" lot and Lot 4 of Block 'B'; thence running 3. North 72°05'02" West 36.74 feet to a COMPUTED POINT on the aforesaid east side Public Right of "Way of Zion Church Road (S.R. 1155); thence running along said Public Right 4. North 12°31'23" West 370.94 feet to the Point of Beginning and containing 11,658 square feet or 0.268 acres of land, more or less, as shown on map titled, "Easement Plat. Crossing the Property of Rodney P. Barrell," dated April 22, 2022 by the City of concord Engineering WHERAS, the variable width permanent utility easement currently owned by Rodney P. Barrell, is being acquired for the purpose oft the construction of water infrastructure improvements WHEREAS, representatives oft the City of Concord arei in negotiation with the above stated owner NOW, THEREFORE, BEI ITRESOLVEDE BYTHE CITY COUNCIL OF THE CITY OF CONCORD, The City of Concord will acquire by condemnation or negotiated conveyance for the purposes stated above the property and interest therein described above to the Resolution. The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes,  as follows:  and 7 lot; and  the common of Way; and  along  line of the "Jim Sossman" lot and Lot 4 of Block 'B'; and  Department and is attached as Exhibit At for further reference.  all  along  with fixtures and appurtenances; and  to acquire the above-described property by negotiated conveyance.  THAT:  to acquire the properties described above. Adopted this 11th day of May, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk    100  RESOLUTION AUTHORIZING NEGOTIATED PURCHASE OR EMINENT DOMAIN TO ACQUIRE PROPERTY  WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines that iti is necessary and in the public interest to acquire variable width permanent utility easements on the  real property parcels identified and defined, as follows:  Variable Width Permanent Utility Easement No. 2 (P/O PIN 5529-94-14-1470):  Lying and being in the City of Concord, No. 11 Township, Cabarrus County, North Carolina, crossing Lots 16 thru 19 Block' 'C' oft the W. E. Litaker Estate (Map Book 10 Page 56) Deed Book 505, Page 514 (PIN: 5529-94-1470; Real ID: 11-034-0014.20) as recorded among the Cabarrus Beginning at a COMPUTED POINT located on the east side Public Right of Way line of Zion Church Road (S.R. 1155) at the common corner ofLots 19 and 20 of Block" 'C', said COMPUTED POINT being further described as having Ground Coordinates of N: 594,440.57' E: 1,529,081.41' and being located South 09°51'33" West 5,579.53 feet (ground) from NCGS Monument "PENNEY" and being the POINT OF BEGINNING (POB) of the property to be described herein; thence leaving the POINT OF BEGINNING (POB) and running along the 1. South 85°51'54" East 35.01 feet to a COMPUTED POINT; thence leaving said common 2. South 02°36'50" West 101.22 feet to a COMPUTED POINT situated on the common line 3. North 89°45'09" West 32.40 feet to an existing PIPE FOUND on the aforesaid east side Public Right of Way line of Zion Church Road (S.R. 1155) at a common corner of the aforesaid 4. North 00°01'06" West 49.84 feet to a COMPUTED POINT at the common corner of the 5. North 02°15'37" East 53.70 feet to the Point of Beginning and containing 3,501 square feet or 0.080 acres of land, more or less as shown on map titled, "Easement Plat. Crossing the Property of Brenda Deese," dated April 22, 2022 by the City of Concord Engineering Department  County Register of Deeds; and being more particularly described as follows:  common line of the aforesaid Lots 19 and 20 of Block 'C' line and running across said Lots 16 thru 19 of Block 'C'  of Lots 15 and 16 of Block 'C'; thence running with said common line Lots 15 and 16; thence running with said Public Right of Way  aforesaid Lots 17 and 18; thence continuing along said Public Right of Way  and is attached as Exhibit At for further reference.  Variable Width Permanent Utility Easement No. 1 (P/O PIN 5529-94-1575):  Lying and being in the City of Concord, No. 11 Township, Cabarrus County, North Carolina, crossing Lots 201 thru 32 Block' 'C' oft the' W.E. Litaker Estate (Map Book 10 Page 56) Deed Book 428, Page 625 (PIN: 5529-94-1575; Real ID: 11-034-0014.00) as recorded among the Cabarrus Beginning at an existing BENT IRON FOUND at the intersection of the east side Public Right of Way line of Zion Church Road (S.R. 1155) with the south side Public Right of Way line of Litaker Lane Drive, said BENT IRON FOUND being further described as being the northwest corner of the aforesaid Lot 32 of Block' 'C', having Ground Coordinates of N:594,816.15,E.1 1,529,141.45 and being located South 09054'57" West 5,199.22 feet (ground) from NCGS Monument "PENNEY" and also being the POINT OF BEGINNING (POB) of the property to be described herein; thence leaving the POINT OF BEGINNING (POB) and running along the aforesaid south 1. South 25°08'20" East 53.43 feet to a COMPUTED POINT situated on said Public Right oW Way line; thence leaving said Public Right of Way line and running across the aforesaid Lots  County Register of Deeds; and being more particularly described as follows:  side Public Right of Way line of Litaker Lane Drive  20 thru 32 of Block 'C'; thence  2. South 09°01'06" West 263.04 feet to a COMPUTED POINT; thence Lots 19 and 20 of Block 'C'; thence running along said common line  3. South 05'23'04" West 70.261 feet to a COMPUTED POINT situated on the common line of    101  4. North 85°51'54" West 35.01 feet to a COMPUTED POINT situated on the aforesaid east side Public Right of Way line of Zion Church Road (S.R. 1155); thence running with said Public 5. North 09°04'58" East 380.35 feet to the Point of Beginning and containing 10,946 square feet or 0.251 acres of land, more or less., as shown on map titled, "Easement Plat. Crossing the Property of Brenda Deese," dated April 22,2022 by the City of Concord Engineering Department WHERAS, the variable width permanent utility easements currently owned by Brenda S. Deese (widow), are being acquired for the purpose of the construction of water infrastructure WHEREAS, representatives oft the City of Concord arei inr negotiation with the above stated owner NOW, THEREFORE, BEI IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF CONCORD, The City of Concord will acquire by condemnation or negotiated conveyances for the purposes stated above the properties and interests therein described above to the Resolution. The City Attorney is authorized and directed to acquire by negotiated offer or, ini the alternative, institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes,  Right of Way  and is attached as Exhibit Bi for further reference.  improvements along with all fixtures and appurtenances; and toa acquire the above-described properties by negotiated conveyance.  THAT:  to acquire the properties described above. Adopted this 11th day of May, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  RESOLUTION. AUTHORIZING NEGOTIATED PURCHASE OR EMINENT DOMAIN TO ACQUIRE PROPERTY  WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines that itis necessary and int the public interest to acquire variable width permanent utility easements on the  real property parcels identified and defined, as follows:  Variable Width Permanent Utility Easement No. 1 (P/O PIN 5529-93-3929):  Lying and being in the City of Concord, No. 11 Township, Cabarrus County, North Carolina, crossing Lots 1 thru 3, Block 'C' of the W. E. Litaker Estate (Map Book 10 Page 56) Deed Book 9271, Page 298 (PIN: 5529-93-3929: Real ID: 11-034-0011.00) as recorded among the Cabarrus BEGINNING at a COMPUTED POINT situated on the East side of the Public Right of Way line of Zion Church Road (S.R. 1155) at the common corner of Lots 3 and 4 of Block 'C', said COMPUTED POINT being further described as having Ground Coordinates if N: 594,042.23. E: 1.529,124.95 and being situated South 08°47'31" West 5,965.57 feet (ground) from NCGS Monuments "PENNY" and being the POINT OF BEGINNING (POB) of the property described herein; thence leaving the POINT OF BEGINNING (POB) and running along the common line of North 86°57'48" East 32.30 feet to a COMPUTED POINT on said common line, said COMPUTED POINT being further described as being South 86°57'48" West 188.065 feet from an existing PIPE FOUND and the common corner of Lots 3,4, 65, and 37 of Block 'C'; thence leaving the common line of Lots 3 and 4 and running across Lots 1 thru3 3 of Block 'C' 2. South 12°38'26" East 43.80 feet to a COMPUTED POINT; thence  County Register of Deeds; and being more particularly described as follows:  the aforesaid Lots 3 and 4 and running across Lots 1t thru 3 of Block 'C'  1.    102  3. South 14°43'46" East 42.11 feet to a COMPUTED POINT at the line of the aforesaid Lot 1 of Block 'C' on the North side of the Public Right of Way line of Optimist Club Drive (a.k.a. Central Drive - Map Book 10 Page 56); thence running along said Public Right of Way line of 4. North 71°04'02" West 36.04 feet to a COMPUTED POINT at the intersection of the East side of the Public Right of Way line of Zion Church Road (S.R. 155) and the aforesaid North side of the Public Right of Way of Optimist Club Drive (a.k.a. Central Drive - Map Book 10 Page 56); thence running along the aforesaid East side of Public Right of Way line of Zion Church Road 5. North 14°45'08" West 72.44 feet to the Point of Beginning and containing 2.416 square feet or 0.055 acres of land, more or less, as shown on map titled, "Easement Plat. Crossing the Property of William Gerald Harvell and wife, Carolyn M. Harvell," dated April 22, 2022 by the City of Concord Engineering Department and is attached as Exhibit A for further reference. Variable Width Permanent Utility Easement No. 2 (P/O PIN 5529-94-2101):  Optimist Club Drive  (S.R. 155)  Lying and being in the City of Concord, No. 11 Township, Cabarrus County, North Carolina, crossing Lots 4 thru 7 Block 'C' of the W. E. Litaker Estate (Map Book 10 Page 56) Deed Book 11750, Page 136 (PIN: 5529-94-2101) (Real ID: 11-034-0014.10) as recorded among the Cabarrus County Register of Deeds; and being more particularly described as follows: Beginning at an IRONI FOUND located on the east side of Public Right ofWay line of Zion Church Road (S.R. 1155) at the common corner of Lots 7 and 8 of Block 'C', said IRON FOUND being further described as having Ground Coordinates of N: 594,138.90', E: 1,529,099.50 and being situated South 09°10'53" West 5,874.06 feet (ground) from NCGS Monument "PENNEY" and being the POINT OF BEGINNING (POB) of the property to be described herein; thence leaving the POINT OF BEGINNING (POB) and running along said common line of the aforesaid Lots 7 1. North 86°56'15" East 36.92 feet to a COMPUTED POINT, said COMPUTED POINT being further described as being situated South 86°56'15" West 153.47 feet from an existing IRON FOUND at the rear common corner of the aforesaid Lots 7 and 8; thence leaving the aforesaid 2. South 12°07'56" East 99.14 feet to a COMPUTED POINT situated on the common line of Lots 3 and 4 of Block 'C, said COMPUTED POINT being further described as being situated South 86°57'48" West 155.78 feet from an existing PIPE FOUND at the rear common corner of the aforesaid Lots 3, 4, 37 and 65 OF Block 'C'; thence running along the common line of the 3. South 86°57'48" West 32.30 feet to a COMPUTED POINT situated on the aforesaid east side of Public Right of Way line of Zion Church Road (S.R. 1155); thence running along said 4. North 14°45'08" West 99.96 feet to the Point of Beginning and containing 3,388 square feet or 0.078 acres of land, more or less, as shown on map titled, "Easement Plat. Crossing the Property of William Gerald Harvell and wife, Carolyn M. Harvell," dated April 22, 2022 by the City of Concord Engineering Department and is attached as Exhibit B1 for further reference. WHERAS, the variable width permanent utility easements currently owned by William Gerald Harvell and wife, Carolyn M. Harvell, are being acquired for the purpose of the construction of water infrastructure improvements along with all fixtures and appurtenances; and WHEREAS, representatives of the City of Concord are in negotiation with the above stated owner to acquire the above-described properties by negotiated conveyance. NOW,THEREFORE, BE ITF RESOLVED BY THE CITY COUNCIL OF THE CITYOFCONCORD, The City of Concord will acquire by condemnation or negotiated conveyances for the purposes stated above the properties and interests therein described above to the Resolution.  and 8 of Block 'C'  common line and running across the aforesaid Lots 41 thru7  aforesaid Lots 3 and 4 Public Right of Way line  THAT:    103  The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes,  to acquire the properties described above. Adopted this 11th day of May, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  5.  Consider approving the Concord Co-Sponsorship application for the Concord- Cabarrus Juneteenth Celebration Festival on June 24, 2023 at Marvin Caldwell Park. The Concord-Cabarrus Juneteenth Committee is requesting the use of Marvin Caldwell Park facilities (Dan Pharr Building, Robert Mathis Amphitheater area, and Logan Optimist Shelter, Police Officer(s) to be periodically conduct patrols throughout the time of the event, and the preparation of grounds for the event (Adequate trash containers, access to power). Action was taken on this item at the May 9, 2023 City Council Work Session.  6. Consider recognizing the Overbrook Manor Home Owners Association in the City's Overbrook Manor is a2 21-acre community with 19 homes located in northwest Concord. The first homes withini the neighborhood were! built in 2017 and ther neighborhood was completed in 2020. They are an active neighborhood with various annual social events and community activities. Officers for the Association are President Janet Smith; Vice President Jenny Gettings; and Treasurer Juliel Roberts. They have submitted alli the required documentation for recognition. By approving their inclusion in the program, the City would have a total of 76 recognized neighborhoods in the Partnership for Stronger Neighborhoods since the program's foundation in A motion was made by Council Member Stocks and seconded by Council Member Parsley- Hubbard to approve the acceptance of Overbrook Manor as a recognized neighborhood in the 7. Consider authorizing the City Manager to negotiate and execute a contract addendum with Woolpert North Carolina PLLC to provide survey and design work for roadway improvements on Cox Mill Road to facilitate an NCDOT-approved entrance into The J.E. 'Jim' Ramseur Park located at 1252 Cox Mill Road in Concord, which totals approximately 28.6 acres and is adjacent to Cox Mill Elementary School was purchased by the City in 2020 to serve as the site of Concord's first community park in the northwestern portion of the city. The City of Concord Parks and Recreation selected Woolpert North Carolina, PLLC through thel RFQ process tol be the design consulting firm for the park, approved by City Council and contract executed in. June 2020. The Traffic Impact Analysis was completed during thel latter phases of design. The TIA was approved by City Transportation and NCDOT in March, 2023; Woolpert proposes subcontracts with Henson Folie Design Inc-Dunbar Geomatics Group, PLLC and STV Inc. for surveying and design of the improvements which include utility coordination and roadway improvements creating a park driveway entrance, median modifications and turn lane allowing unrestricted egress into and out of the park. A motion was made by Council Member Crawford and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract addendum with Woolpert North Carolina, PLLCint the amount of $76,857 for surveying and design services associated with road improvements to Cox Mill Road for the future JE Jim' Ramseur Park-the vote: all aye. Consider authorizing the City Manager to negotiate and execute a contract with Piedmont Asphalt Paving Co., Inc. for the resurfacing of 6 tennis courts at Les Myers  Partnership for Stronger Neighborhoods program.  2000.  Partnership for Stronger Neighborhoods Program--the vote: all aye.  the JE 'Jim' Ramseur Park property.  8. Park.    104  Tennis courts 3 through 8 (Six courts) of Les Myers Park have developed severe cracks and have become difficult for tennis play and a safety trip hazard. This project will demolish and reconstruct six (6) tennis courts. The project was bid under the informal bidding process and bids were to be open on April 13, 2023, butr none were received. As required by NC GS 143-132 the project was re- bid and bids were received on April 24, 2023. This time one bid was received A motion was made by Council Member Stocks and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Piedmont Asphalt Paving Co., Inc. in the amount of $494,670 for the replacement of courts 3 through 8 at Les Myers 9. Consider authorizing the City Manager to execute a contract with Creative Bus Sales, utilizing the State of Oklahoma transit vehicle contract for the purchase of three replacement and one new. ADA-accessible Ford Transit Lift-Equipped Vans for the Rider Significant supply chain challenges for public transit systems across the United States exist, particularly limiting the availability of new vehicles for purchase in the van and LTV categories. The Community Transportation Association of America estimates that nationwide, more than 25,000 vehicles oft this type are well past their useful life and overdue for replacement, with that number increasing constantly. The estimate for normalization of the small transit vehicle supply is currently five to seven years. The three Ford Transit vans Rider Transit currently utilizes are well past their useful life, a burden for maintenance and operations staff, and are eligible for replacement. With the continued growth of Rider Transit's ADA Paratransit program and the maintenance challenges with two other LTV Paratransit vehicles that are not quite ready for replacement, staffi is requesting approval for the purchase of one new van in addition toi thet three replacements, to ensure a safe, reliable, and fully-functional vehicle fleet for service delivery to Recently, Rider staff was made aware of the availability of 100 ADA-accessible, lift-equipped Ford Transit vehicles. They've been built and delivered to Creative Bus Sales, and are awaiting Per vehicle cost is not to exceed $91,550. FTA grant funding in the amount of $311,270 has been secured in a project fund for these four vehicles and would cover 85% of the cost. The remaining 15% ($54,930) would be split 50/50 between Concord and Kannapolis at $27,465 each. The Concord Kannapolis Transit Commission will consider this recommendation at their A motion was made by Council Member Sweat and seconded by Council Member Stocks to authorize the City Manager to execute a contract with Creative Bus Sales for the purchase of three replacement and one new. ADA-accessible Ford Transit Lift-Equipped Vans for the Rider Transit ADAI Paratransit programv withan not-to-exceed cost per vehicle of$91,550an-the vote: 10. Consider awarding a bid in the amount of $1,178,293 to Carolina Power and Signalization for construction of Substation W at 1420 Concord Parkway South. Substation W will feed the new Lilly manufacturing facility on Concord Parkway. Bid specifications for construction of the concrete foundations and all above ground facilities were developed and a formal bid process was held on April 18, 2023. Eight construction firms submitted bids, which were evaluated by staff for adherence to specifications. The lowest responsive bidder, at $1,178,293, was Carolina Power and Signalization. Carolina Power and Signalization was deemed to be a responsive and responsible bidder. Upon a Notice to Proceed letter, Carolina Power and Signalization will have 185 days to perform the work. Substation W remains on schedule for commissioning int the first quarter of 2024. Funding will be derived from An motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford to award a bid for $1,178,293 to Carolina Power and Signalization for construction of 11. Consider approving a modification to the Interlocal Agreement with Cabarrus  from Piedmont Asphalt Paving Co., Inc. in the amount of $494,670.  Park-the vote: all aye.  Transit ADAI Paratransit program.  our passengers.  purchase on at first come, first served basis.  5/9/2023 meeting.  all aye.  existing Substation W project account.  Substation' W at 1420 Concord Parkway South-the vote: all aye.  County administering the Central Area Plan.    105  The City entered into an Interlocal Agreement with Cabarrus County administering the Central Area Plan. Under the Agreement, the City agreed not to extend utilities into certain areas east oft the then exiting City limits except under certain limited circumstances. Allen Montgomery has requested an exception to the Agreement in order to obtain water service for a proposed single- Ar motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to approve a modification of the Interlocal Agreement regarding the Central Area Plan to 12. Consider approving a modification to the Interlocal Agreement with Cabarrus The City entered into an Interlocal Agreement with Cabarrus County administering the Central Area Plan. Under the Agreement, the City agreed not to extend utilities into certain areas east of thet then exiting City limits except under certain limited circumstances. Casey Honeycutt has requested an exception to the Agreementi in order to obtain water service for a proposed single- A motion was made by Council Member Crawford and seconded by Council Member Parsley- Hubbard to approve a modification of the Interlocal Agreement regarding the Central Area Plan  family home at 3868 Hwy 200 (PIN 5547-87-8632).  allow the provision of water to 3868 Hwy 200-the vote: all aye.  County administering the Central Area Plan.  family home at 4040 Mills Circle (PIN 5651-14-2940).  to allow the provision of water to 4040 Mills Circle-the vote: all aye.  ADDITIONAL ITEM  13. Consider making pomtmemsrmappenmens to the Concord United Committee In April 2021, when the Concord United Committee members were first appointed, they were appointed to staggered terms with a group of members only being appointed to a two (2) year term which expired on April 30, 2023. Therefore, these members are eligible to be reappointed Also, there are currently three (3) vacancies on the Committee due to resignations.  to their first fullt three (3) year term.  A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Sweat to make the following porimemsreppontments to the Concord United Committee-the vote:  all aye.  REAPPOINTMENTS (all terms will expire 4/30/26)  Ann Fleming - Co-chair Amos McClorey Cindy Hanson Douglas Carroll Gracie Galloway Ingrid Nurse Jaymond Bryant-Herron APPOINTMENTS (terms noted) Kay Tempo - term will expire 4/30/26  Wendy McConnell - filling an unexpired term until 4/30/24 Cecilia Plez - filling an unexpired term until 4/30/25  The consent agenda items were presented fori the Council's consideration. approve the following consent agenda items-the vote: all aye.  AI motion was made by Council Member Stocks and seconded by Council Member Crawford to  CONSENT AGENDA ITEMA    106  A contribution in the amount of $2,000 from the Mayor's Golf Tournament Fund to support the Cabarrus Arts Council's Art on the Go initiative for the Logan Recreation Center was approved  and the following budget ordinance was adopted appropriating the funds.  ORD. #23-38  AN ORDINANCE TO AMEND FY: 2022-2023 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the gth day of June, 2022, adopt a City budget for the fiscal year beginning July 1, 2022 and ending on June WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  30, 2023, as amended; and  accounts in thei funds listed for the reason stated;  amended as follows:  Revenues Total  Account  Title  Current Budget 16,140,193  Amended Budget 16,142,193  (Decrease) Increase 2,000 2,000  100-4370000 Fund Balance Approp  ExpensesExpendtures  Current Budget 6,820  Amended Budget 8,820  (Decrease) Increase 2,000 2,000  Account  Title  4190-5470043 Golf Tournaments  Total  Reason: To appropriate Mayor Golf Tournament reserves for a donation to Cabarrus Arts  Council to fund their Art on the Goi initiative. Adopted this 11th day of May, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMB  The City Manager was authorized to negotiate and sign a contract for the purchase of the Oshkosh Striker apparatus using the Houston Galveston Area purchasing cooperative.  CONSENT AGENDA ITEM C  The donation of three (3) bike repair stations and benches from the Concord Rotary Club were  accepted.  CONSENT AGENDA ITEMD  An offer of infrasture at Ramsgate Subdivision Phase 3 was accepted.    107  CONSENT AGENDA ITEME  Ther maintenance agreements were approved and accept the offers of dedication were accepted  on thet following properties: Skybrook, LLC. CONSENT AGENDAI ITEMI F  The offer of dedication was accepted on the following plat and easements: Sherwood Hills  Revised and Concord Retail Investment Group, LLC.  CONSENT AGENDAITEMG  The City's Personnel Policies and Procedures manual was amended to add Article 3.14 Standby Pay Policy to the City's Personnel Policies and Procedures manual to establish a consistent policy and procedure as itr relates to compensating non-exempt employees who are scheduled  for standby duty. CONSENT AGENDA ITEMI H  The addition of the Parks & Recreation Program Manager (Grade 111) with a salary range of $65,952.75 (minimum). $87,387.40 miapoin0.-5108,322.06 (maximum) was approved.  CONSENT AGENDA ITEMI  The addition of the Senior Server Engineer (Grade IT06) with a salary range of $72,696.97  (minimum)- $95,960.00 (midpoint) $119,950.00 (maximum) was approved. The first quarter water and wastewater extension report for 2023 was received. The Tax Office collection reports for the month of March 2023 were accepted. The Tax releases/refunds for the month of March 2023 were approved. The monthly report oni investments as of March 31, 2023 was received.  CONSENT AGENDA ITEMJ CONSENT AGENDA ITEMK CONSENT AGENDA ITEML CONSENT AGENDA ITEMN M  There being no further business to be discussed, a motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford to adjourn---the vote: all aye.  William C. Dusch, Mayor uAE  KimJ. Deasor,  nbgDpu