54 CONCORD CITY COUNCIL REGULAR MEETING APRIL 13, 2023 Ar regular meeting of the City Council for the City of Concord, North Carolina, was heldi int the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on April 13,2023,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 Betty M. Stocks Council Member Terry L. Crawford Council Member Jennifer Parsley-Hubbard Council Member John A. Sweat, Jr. Members Absent: Others Present: Council Member W. Brian King joined via cell phone City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim. J. Deason Assistant City Managers Department Directors 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: Ar motion was made by Council Member Crawford and seconded by Council Member Sweat toa approve the minutes for the meetings of February 21, March7, and March 9, 2023-the vote: all aye. Presentations: Mayor Dusch presented a Proclamation recognizing April 28, 2023 as National Lineworker Mayor Dusch presented a Proclamation recognizing the month of April as National Public Mayor Dusch presented a Proclamation recognizing the month of April as Fair Housing Appreciation Day in the City of Concord. Safety Telecommunicators Month. Month. Informational Items: A presentation from Raftelis Financial Consultants was made to the Mayor and Council at the April 11, 2023 Work Session. 55 Departmental Reports: Planning and Neighborhood Development Services staff and Concord Downtown staff provided an update on the downtown streetscape project. Recognition of persons requesting to be heard: Barbara Hawley addressed the Council in regards to her request on the agenda to receive Ronald Jordan addressed the Council in regards to community issues he feels should be City water. addressed. Public Hearings: 1. Conducta public hearing and consider adopting Agency Plan and an update to the 5-Year Plan for the Concord Housing Department that updates the Policies that The Housing Department Staff is required to submit an Agency Plan and an update to the 5-Year Plan to the United States Department of Housing and Urban Development (HUD) every year seventy-five (75) days prior to the beginning of the fiscal year. This plan must be available for public review for forty-five (45) days prior to adoption and submission. The plan has been completed and ready for review since Monday, February 12, 2023. A public hearing must be held prior to adoption for any public comments relative to the proposed govern the Public Housing Program. changes in the department's Agency Plan. Updated policies include: Vouchers under RAD; Conversion of Public Housing to Project-Based Rental Assistance or Project-Based Continue to work with Planning and Neighborhood Development and WeBuild Concord on Continue to place an emphasis on infrastructure improvements, HVAC and appliance upgrades, tree removal for hazard mitigation purposes, unit abatementfumarounds, and A motion was made by Council Member Crawford and seconded by Council Member Sweat There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Parsley-Hubbard and seconded by A motion was made by Council Member Langford and seconded by Council Member Crawford to adopt the Agency Plan and an update to the 5-Year Plan for the Concord Housing Department that updates the Policies that govern the Public Housing Program- 2. Conduct a public hearing and consider the approval of an amendment to an agreement between the City of Concord and Bootsmead LeaseCo, LLC regarding the City Council previously approved an agreement with Bootsmead LeaseCo, LLC for the extension of sewer infrastructure onto the Grounds at Concord property. Under the agreement, the City would initially fund Phase 2 construction and be reimbursed by ap portion of land sales by the Company. Construction of Phase 1 of the project is complete, Phase 2a is under contract, and Phase 2b will be bid once all easements are obtained. The amount currently in escrow exceeds the expected total of Phase 2 cost. The proposed amendment building more affordable market rate rentals; and other unit upgrades. to open the public hearing-the vote: all aye. Council Member Sweat to close the public hearing- -the vote: all aye. the vote: all aye. extension of sewer infrastructure at the Grounds of Concord. 56 modifies the estimated Phase 2 cost from $3,000,000 to $4,500,000 and authorizes the escrow agent to release to the Company the amount in escrow that exceeds $4,500,000. A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Mayor Pro-Tem McKenzie and seconded by Council A motion was made by Council Member Langford and seconded by Mayor Pro-Tem McKenzie to approve an amendment to an agreement between the City of Concord and Bootsmead LeaseCo, LLC regarding the extension ofs sewer infrastructure at the Grounds of 3. Conduct: a public hearing to consider adopting an ordinance amending Article 7,1 Table 7.6.2.A ("Density and Dimensional Standards") to increase the minimum impervious surface ratio from 0.5 to 0.6 for multi-unit infill projects in the Residential Staff has been examining ways to facilitate infill development through such changes to the CDO as the town-home revisions and the accessory dwelling unit standards. In the course of examining some of these changes, it appears the maximum impervious surface ratios may be too restrictive for the development of some multi-unit developments. Staff proposed ar revision to the maximum allowable from 0.5 to 0.6 for multi-unit infill projects only within the RC zoning district. At their March 21st meeting, Planning and Zoning Commission Amotion was madel by Council Member Sweat and seconded by Council Member Crawford There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Crawford and seconded by Council A motion was made by Council Member Crawford and seconded by Mayor Pro-Tem McKenzie to adopt the following ordinance amending Article 7, Table 7.6.2.A ("Density and Dimensional Standards") to increase the minimum impervious surface ratio from 0.5 to 0.6 for multi-unit infill projects in the Residential Compact (RC) zoning district-the vote: all aye. Crawford to open the public hearing- -the vote: all aye. Member Sweat to close the public hearing-the vote: all aye. Concord-the vote: all aye. Compact (RC): zoning district. unanimously recommended the amendment to Council. to open the public hearing---the vote: all aye. Member Sweat to close the public hearing- the vote: all aye. ORD.#23-24 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 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 the text of certain articles of the City of Concord Development Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North and restrictions and zone boundaries; and Carolina: 57 SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 7 "Base Zoning Districts," Section 7.6 "Standards for Base Zoning Districts", Table 7.6.2.A Dimensional Standards" be amended as follows: DENSITY AND DIMENSIONAL STANDARDS TABLE7.6.2A-1 DIMENSIONAL STANDARDS A B Max. C D Min. Street Frontage Width (feet) 30* 30* 15* 15- 15* 15 15* 15 30* 30* 30* 30* E Min. Lot (feet) 200 150 100 75 75 50 50 35 50 50 50 50 F Min. Lot Depth (feet) 200 150 125 125 100 100 100 85 100 100 100 100 G Max. Building Height (feet) 35 35 35 35 35 35(5) 35(5) 40 35 50 75(4) 48 48 (1) 72 72 Zoning Min. Impervious Public Surface District Lot Size Density (sq. ft.) 43,560 43,560 20,000 15,000 7,500 5,000 3,000 (per acre) Ratio (2) AG** RE** RL** RM-1** RM-2** 10,000 RV#* RCH#* R-CO3 0-I B-1 CC C-1 C-2 I-1 I-2 NOTES: 1 1 2 3 4 8 15 15 0.5 0.5(6) 0.5 0.7 0.65 0.7 0.8 0.8 0.9 Residences permitted in nonresidential districts shall conform to the density and dimensional standards of the RC district, except that height restrictions may follow (1) below. Residences in the CC district are not subject to maximum density or dimensional limitations. See Section 7.7.4-F for duplex lots and Sections 7.7.3 and7.7.41 for alternative single- family lot patterns that allow smaller minimum lot sizes under certain conditions. *** In the districts where permitted, and subject to Section 7.8 multi-family and/or single- family attached developments shall only be subject to Columns B, C,D, and G in Table7.6.2- A. Setbacks for multi-family and single-family attached developments are set forth in Section 7.8. of this Ordinance. Height in the RC district is subject to the transition provisions of (1) Height may be increased by one foot for each one foot of additional building setback up to a maximum height of 200 feet. Setbacks for Mixed Use, PUD, PRD or similar Developments following the low-density option (see $4.4.2-A) may not develop at a Section 7.6.2.G. A See Section 5.5. type projects shall be measured from the overall project boundaries. (2) total impervious surface ratio greater than 0.24. 58 (3) Dimensional requirements only applicable ifr noti indicated on recordedi final plat. See (4) Measured from the lowest level of the Fire Department vehicle access to the tallest (5) Ini the districts where permitted, multi-family has al height limit off four (4)s stories. When residential units are included in upper floors in C-2 zoning, the maximum C-2 height (6) May be increased to 0.6 for multi-unit projects that meet the definition of "infill" as SECTION 2: That all remaining Articles and Sections of this Ordinance be renumbered to also Section 9.12. finished floor level of the building. limits shall govern. specified in Article 14. include the newly created Articles and Sections. SECTION 3: That this Ordinance be effective immediately upon adoption. Adopted in this April 13, 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 4. Conduct: a public hearing and consider adopting an ordinance annexing +l-2.3 acres PIN 5529-90-7789 on Zion Church Rd, owned by! Lorraine Byrd and Susan Byrd. The request is for voluntary annexation petition of +/- 2.3 acres of property with PIN 5529- 90-7789 on. Zion Church Rd. The property is currently zoned Cabarrus County Low Density Residential (LDR). The developer has proposed to construct a triplex on the site. A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Sweat Joshua Masters spoke in favor of the request. He stated the property is owned by family members that the family members will occupy the triplex. He stated the property has been approved for a septic system, therefore, sewer services from the City are not needed. 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 Crawford and seconded by Council Council Member Parsley-Hubbard stated she was concerned with approval of the request Council Member Stocks stated she was concerned with public safety vehicies being able to Ar motion was made by Council Member Langford and seconded by Council Member Stocks 5. Conduct a public hearing for case Z-01-23 and consider adopting an ordinance amending the official zoning map for +/-0.23 acres located at 1089 Gaither PII NW from RC (Residential Compact) to C-2 (General Commercial District) and to amend the 2030 Land Use Plan to modify the future land use designation of the parcel from "Urban to open the public hearing-the vote: all aye. Member Sweat to close the public hearing- the vote: all aye. creating a doughnut hole". reach the property safely. to deny the annexation petition-the vote: all aye. Neighborhood" to "Commercial." 59 The Planning and Zoning Commission heard the above referenced petition at their March 21, 2023 meeting and voted to forward the request to City Council with a recommendation that the zoning map be amended from RC (Residential Compact) to C -2 (General Commercial District) and to amend the 2030 Land Use Plan to designate the parcel as Amotion was made by Council Member Parsley-Hubbard and seconded by Council Member Jacob Jordan, property owner and applicant, spoke in favor of the request. He explained the proposed business. He stated he has no plans to expand the property. Dr. Michael Walker, 8913 Bayberry Trial, Concord, stated his support of the request. There were no further speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Mayor Pro-Tem McKenzie and seconded by Council A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Langford to adopt the following Statement of Consistency of denial-the vote: all aye. "Commercial." Stocks to open the public hearing-the vote: all aye. Member Crawford to close the public hearing--the vote: all aye. The subject property is approximately +/- 0.23 acres and currently zoned RC The subject property was annexed into the City effective June 30, 1992. The proposed zoning is not consistent with the 2030 Land Use Plan (LUP) as C-2 (General Commercial) is not a corresponding zoning classification to the Urban Neighborhood Land Use Category. However, the subject property is located adjacent to other properties zoned commercial and industrial, and is located within close proximity to major thoroughfares. The zoning would be compatible with the adjacent The zoning amendment is not reasonable and not in the public interest as it is not consistent with the existing zoning adjacent to the subject property and the adjacent residential uses. The proposed zoning wouid represent an intrusion of commercial A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford to adopt thet following ordinance tol DENY the rezoning from City of RC (Residential Compact) to City of Concord C-2 (General Commercial) the area described as follows and that the future land use designation of C (Commercial) is applied in the 2030 Land Use (Residential Compact). C-2 (General Commercial) zoning to the west. zoning into a residential neighborhood. Plan-the vote: all aye. ORD. #23-33 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERTY GENERALLYLOCATED AT 1089 GAITHER PL NW, CONCORD,NC WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by the North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July 28, 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 1977; and and restrictions and zone boundaries; and 60 WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute, Chapter 160A, Art. 19, Session Laws of 1993, Chapter 247, House Bill 575 and Section 3.2.4.B.2 of the Concord Development Ordinance does hereby allow the Planning and Zoning Commission to be final approval authority for zoning changes of land, provided that at least three-fourths of the members present vote in the WHEREAS, Section 3.2.4.B.5 of the Concord Development Ordinance specifies that any person aggrieved by the decision oft the Planning and Zoning Commission shall have the right to appeal the decision to the City Council within fifteen days of the decision of the Planning and Zoning Commission decision by giving written notice to the Administrator; and WHEREAS, Section 3.2.4.B.2 of the Concord Development Ordinance specifies that at final approval decision shall not be in effect until the fifteen-day appeal period expires; NOW, THEREFORE BE IT ORDAINED by the Planning and Zoning Commission of SECTION 1. That the P&Z Commission held a duly advertised public hearing on March 21, 2023. At the close of the public hearing, the P&Z Commission adopted the following Statement of Zoning Consistency" as required by NC Gen Stat 160D-605. The subject property is approximately +/- 0.23 acres and currently zoned RC The subject property was annexed into the City effective June 30, 1992. affirmative, and no appeal of the decision is taken; and the City of Concord, North Carolina: (Residential Compact). The proposed zoning is not consistent with the 2030 Land Use Plan (LUP) as C-2 (General Commercial) is not a corresponding zoning classification to the Urban Neighborhood Land Use Category. However, the subject property is located adjacent to other properties zoned commercial and industrial, and is located within close proximity to major thoroughfares. The zoning would be compatible with the adjacent The zoning amendment is reasonable and int the publici interest as iti is consistent with the existing zoning adjacent tot the subject property and the adjacent commercial uses. The proposed zoning will allow for commercial uses to! locate int the vicinity oft the I-85 The P&Z Commission then voted to recommend approval of the map amendment for PIN 5611-75-1678 from RC (Residential Compact) to C-2 (General Commercial), and designate the property C (Commercial) in the 20301 Land Use Plan. Since the rezoning would result in a comprehensive plan amendment, iti is forwarded to City Council for hearing with a SECTION: 2. That the City Council held a duly advertised public hearing on April 13, 2023. At the close of the public hearing, the City Council adopted the following "Statement The subject property is approximately +/- 0.23 acres and currently zoned RC The subject property was annexed into the City effective June 30, 1992. C-2 (General Commercial) zoning to the west. corridor. recommendation from the Planning and Zoning Commission. ofZ Zoning Consistency" as required by NC Gen. Stat 160D-605. (Residential Compact). The proposed zoning is not consistent with the 2030 Land Use Plan (LUP) as C-2 (General Commercial) is not a corresponding zoning classification to the Urban Neighborhood Land Use Category. However, the subject property is located adjacent to other properties zoned commercial and industrial, and is located within close proximity to major thoroughfares. The zoning would be compatible with the adjacent C-2 (General Commercial) zoning to the west. 61 The zoning amendment is not reasonable and not in the public interest as it is not consistent with the existing zoning adjacent to the subject property and the adjacent residential uses. The proposed zoning would represent an intrusion of commercial SECTION 3: The City Council then voted to DENY the rezoning from City of RC (Residential Compact) to City of Concord C-2 (General Commercial) the area described as follows and that the future land use designation of C (Commercial) is applied in the 2030 All that certain portion of, parcel or lot of land, lying and being in city of Concord, Cabarrus County, State of North Carolina, being more fully shown as designated on ab boundary survey by CSC of NC, PC surveyors, dated March 8, 2023, and having BEGINNING AT IRON PIN SETTING ON PUBLIC RIGHT-OF-WAY OF GAITHER PLACE NW COMMON CORNER WITH N/F FRANCES M FORNEY AND BEEING 106.0' FROM INTERSECTION OF DAVIDSON HWY AND RUNNING ALONE RIGHT-OF-WAY OF GAITHER PL NWS20-0115WI FOR A DISTANCE OF 200.00' TO A IRON PIN, THENCE TURNING ALONG PROPERTY LINE OF N/F FRANCES M FORNEY N72'30'00'W FOR A DISTANCE OF 50.00' TO A IRON PIN AND THENCE TURNING ALONG PROPERTY OF N/F CSL N.C.SYSTME LP N20°0115'E FOR A DISTANCE OF 200.00' TOA IRON PIN THENCE, TURNING ALONG THE PROPERTY LINE OF N/F FRANCES M FORNEY S72°30'00"E FOR A DISTANCE OF 50.00' TO POINT OF BEGINNING AND CONTAINING 0.23 ACRES. SAID PROPERTY AS DESCRIBED MAY BE SUBJECT TOANY EASEMENT OR RIGHT- SECTION 4. That the establishment of this district and subsequent issuance of SECTION 5. That the above described property shall be perpetually bound to the uses authorized in the Concord Development Ordinance, as such may be amended from time to time and as provided for under Article 3 of the Concord Development Ordinance. SECTION6. That the effective date hereof is the 13th day of Apri/,2023 zoning into a residential neighborhood. Land Use Plan: the following metes and bounds, to wit: OF-WAYS. Zoning Clearance Permits are hereby not authorized. Adopted this 13th day of April, 2023 CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney 6. Conducta public hearing for case Z-24-22 and consider adopting an ordinance amending the official zoning map for +l-3.7acres located at 2508 Poplar Tent Rd. from RM-2 (Residential Medium Density) to C-2 (General Commercial). This item was withdrawn from consideration by the applicant. E.F Presentations of Petitions and Requests 1. Consider approving allocating $80,000 of HOME Investment Partnership (HOME) funds to Habitat for Humanity Cabarrus County for the construction oftwo (2) new homes to be located at 285 and 291 Academy Avenue NW. 62 The City of Concord and Habitat for Humanity Cabarrus County have a well-established partnership of using HOME funds to create stable affordable housing opportunities for Concord residents whoi fall between 30-60% of areal median income. This partnership, which began in early 2013, has seen 15f families purchase homes; five (5) on Broad Drive, five (5) on Ring Avenue, two (2) on Young Avenue, one (1) on Princess Avenue, one (1)on Shannon Drive SW and one (1) on Hemlock Street. The current HOME funding request of $80,000 would! be divided to $40,0001 to constructtwo (2) new homes located at 285 and 291 Academy Avenue NW ini the Gibson Community. This joint effort allows both organizations to expand reach while working together toward the common goal of rebuilding eygnomodscommuntes and promoting stability through home ownership. Habitat continues to be committed to meeting the City's standards in construction with hardy plank siding, meeting SystemVision requirements and sealing the crawispace. Construction would also include at front porch, two car parking pad and a landscaping package. Staff will also be working closely with Habitat to have additional visual enhancements (paint color, decorative porch railings, etc.) included on each house. As an existing partner, Habitat is familiar with all federalrequirements and! has been noted as ag good steward off funding during Ar motion was made by Council Member Langford and seconded by Council Member Stocks to approve allocating $80,000.00 of HOME Investment Partnership (HOME) funds to Habitat for Humanity Cabarrus County for the construction of two (2) new homes to be located at 2. Consider a motion to approve the purchase of 228, 234, 236, 240 McGill Avenue SWand parcel 5621-30-5459 (vacant lot), from Alex and Cammie Hamilton for $200,000 using City General Funds and to adopt a budget ordinance amending the General As a designated low-income community and a USDA-recognized food desert, Gibson' Village has struggled with limited investment to benefit the residents. The area of McGill Avenue NW between Allison Street NW to Harris Street NW is a mixture of houses, vacant lots and dilapidated commercial structures. Two (2) such structures are located at 228, 234, 236, and 240 McGill Avenue SW. Code Enforcement and Community Development staff have been working with the owners, Alex and Cammie Hamilton to correct, or purchase, the buildings along with one (1) vacant parcel on Allison Street NW. These units have been on the radar of Code Enforcement for many years as Mr. Hamilton is unable to correct the significant building and environmental issues present. Due tot the structures condition and limitations of the parcels, the City would demolish the buildings and replace them with at food hub/business Staff has begun conversationsi with stafff from Rowan Cabarrus Community College, Flywheel Foundation, and The Bulb regarding partnering and managing the site. Both Flywheel and The Bulb have community-based missions which focus oni improving the community through education and access. The Flywheel Foundation, would be working directly with Concord and other partners to promote healthy entrepreneurship ecosystems through events, program partnerships, a learning management system, and an educational foundation for business success. While The Bulb would bring a barrier-free environment to promote accessibility for all. Ina addition to working to eliminate barriers, The Bulb focuses on providing education to communities related to wellness, food prep, and correct storage. Tax value for all parcels is $293,500. An offer, contingent on Council approval, has been accepted by the owner for $200,000. The purchase would use the City's General Fund. A Phase I Environmental Site Assessment is underway and will be completed before the A budget ordinance is needed to appropriate anticipated excess sales tax to cover the purchase of the property, a Phasel I Environmental study, asbestos testing, and demolition. A motion was made by Council Member Crawford and Council to approve the purchase of 228, 234, 236,2 240 McGill Avenue SW and parcel 5621-30-5459 (vacant lot), from Alex and HUD audits. 285 and 291 Academy Avenue NW-the vote: all aye. Fund. incubator space that willl be housed in shipping containers. purchase is completed. 63 Cammie Hamilton for $200,000 using City General Funds and to adopt a budget ordinance 3. Consider awarding the bid for rehabilitation of Hangar Taxilanes at Concord- Aviation Department received bids on March 23, 2023 for the improvements which include thei following: The rehabilitation of bituminous concrete pavement for taxilanes that connect ther main apron to existing t-hangars and corporate hangars. The five northern most taxilane pavements around the existing t-hangars will be rehabilitated using full depth asphalt pavement reclamation. The four southernmost taxilane pavements will be rehabilitated by milling the top two inches, repairing cracks, and replacing the milled asphalt with P-401 asphalt at existing elevations. Additionally, this project will include the remarking of the Three bids were received and evaluated for responsiveness and compliance with FAA specitications. Aviation Staff in concurrence with outside consultant, Talbert, Bright and Ellington determined that the lowest bidder, Blythe Brothers, was responsive and complaint inn meeting the FAA required specifications. The total bid including base bid and 6 alternates from Blythe Brothers is $3,592,033. Funding will be derived from Federal Aviation Administration, Airport Improvement Program (AIP), North Carolina Department of Amotion was madel by Council Member Parsley-Hubbard and seconded by Council Member Sweat to award the bid for the Hangar Taxilane Rehabilitation at CPRA in the amount of $3,592,033; authorize the City Manager to accept and execute grant offers from FAA and NCDOT; and to authorize the City Manager to execute contract tol Blythe Brothers contingent 4. Considerauthorizing the City! Manager to negotiate and execute a contractwith Kimley Horn Associates for full design services for Phase (A) of the Clarke Creek Greenway and 50% design for future Phases B&Ct for the total amount of $515,000. The Clarke Creek Greenway Corridor is identified ini the adopted Open Space Connectivity Analysis Plan. Greenway development is a top priority project fort the City, with a goal of the construction of 30 miles by 2030. The City of Concord was recently awarded a CMAQ grant to assist with construction for the approximately 1.6-mile, Phase (A), within this greenway corridor. Phase (A) section of this greenway will connect to the trailhead located at JE Jim Ramseur Park at 1252 Cox Mill Road and is proposed to connect to the Highland Creek, Parks and Recreation has selected thet firm Kimley Horn Associates of Charlotte through an RFQ process for professional design services for greenway development. Kimley Horn Associates has recently completed the preliminary design for the Clarke Creek Greenway Corridor. The design phase will include: Environmental, Design Development, Permitting, Construction Documents and Bid Documents for Phase (A); and Environmental and Design Development for Phases (B) &(C); including appropriate reimbursable expenses. Ar motion was made by Council Member Sweat and seconded by Council Member Crawford to authorize the City Manager to negotiate and execute a contract with Kimley Horn Associates in the amount of $515,000 for full design services for Phase (A)-the vote: all 5. Considerauthorizing the City Manager to negotiate and execute a contract with Central Carolina Air Conditioning Company, LLC in the amount of $116,425 for the carbon dust collector replacement projectatt the Coddle Creek' WaterTreatment Plant. The City accepted multiple informal bidsi in March 2023. Thel low! bidder was Central Carolina Air Conditioning Company, LLC. The existing equipment is at the end of its useful life andi is amending the General Fund-the vote: all aye. Padgett Regional Airport. rehabilitated taxilanes. Transportation, AIP and Aviation's Retained Earnings. upon final funding amount from FAA and NCDOT--the vote: all aye. Winding Walk and Allen Mills neighborhoods. aye. no longer operating efficiently. 64 Amotion was madel by Council Member Parsley-Hubbard and seconded by Council Member Crawford to authorize the City Manager to negotiate and execute a contract with Central Carolina Air Conditioning Company, LLC int the amount of $116,425-1 the vote: all aye. 6. Consider authorizing the City Manager to negotiate and execute a contract with AM-Liner East, Inc. for the cured in place lining of 24,934 linear feet of sewer line and The City recently advertised and accepted formal bids for the 2023 sewer lining contract. 6 bids were reçeived with Am-Liner East, Inc. being the low! bidder at $1,189,069.35. This total A motion was madel by Council Member Sweat and seconded by Council Member Crawford to authorize the City Manager to negotiate and execute a contract with AM-Liner East, Inc. for the cured in place lining of 24,934 linear feet of sewer line and the rehabilitation of 113 7. Consider approval of a Resolution to Lease Property for the long term The term length of this lease agreement requires a resolution and public advertising of contract amendment 6 which was approved in February. After the resolution is approved and proper advertisement has been completed, the City can fully execute addendum 6 as AI motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to approve and execute the following Resolution to Lease Property for the long term Cellco/Verizon lease for attachments on the Downtown Water Tank- the vote: all aye. WHEREAS, pursuant N.C. Gen. Stat. $160A-272, the City Council of the City of Concord, North Carolina has determined that a portion of ther real property of the City and located near the intersection of Cabarrus Avenue West and Spring Street Northwest, Concord, NC, having the Tax Map PIN 5620885011, and further known as the Downtown Water Tower, WHEREAS, the City Council desires to lease a portion of the real property to Cellco Partnership d/bla Verizon Wireless for an annual lease payment of $33,756.00 for the purpose of the installation of certain communications equipment, antenna and related NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Concord that the 1. The City Clerk to cause ta notice of the intent to lease to be published as required by N.C. Gen. Stat. S 160A-272 and S 160A-269. The notice shall describe the property, the amount of the offer, the terms under which the sale is to be made, and the terns underv which the offer may be upset. Ifa qualifying higher bid is received, the City Clerk shall cause a new notice of upset bid to be published, and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount 2. Ifno qualifying upset bids are submitted, the City Manager and City staff to take necessary steps to execute the lease of the real property of the City located near the intersection of Cabarrus Avenue West and Spring Street Northwest, Concord, NC having the Map PIN 5620885011, andi further known as the Downtown Water Tower. final high bidi is accepted and reserves the right to reject, at any time, all bids. the rehabilitation of 113 manholes in the amount of $1,189,069.35. price does include a 5% ($56,622.35) contingency. manholes in the amount ofs1,189,06935-the vote: all aye. Cellco/Verizon lease for attachments on the Downtown Water Tank. previously approved. RESOLUTION TO LEASE PROPERTY will not be needed by the City for up tot forty (40) years; and appurtenances; and City Council hereby authorizes of the final high bid shall be reported to the City Council, or; 3. The City reserves the right to withdraw the property from sale at any time, before the 65 Adopted this 13th day of April, 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk 8. Consider authorizing the Transportation Department to apply for the Carbon Reduction Program (CRP) funding for upgrading the Traffic Signal Central System through the Cabarrus Rowan Metropolitan Planning Organization's (CRMPO) call for The Carbon Reduction Program (CRP) is a part of the Infrastructure Investment and Jobs Act (IJA) through the Federal-Aid Highway Administration. The CRP application requires a 20% local match int funding and to maintain the project after completion. The Transportation Department maintains more than 160 signalized intersection, most of which are located on important and congested corridors such as Concord Mills Blvd, Poplar Tent Rd, US29, US 601,NC3,NC 49, and NC73. This project will replace the current local (cabinet) and central (management software ran in the TMC) signals software. This includes upgrading both the current ATMS (advanced traffic management software) and the local software deployed in the traffic signal cabinets. NCDOT is currently pursuing a different platform that will meet their 2030 goals: transit signal priority, emergency vehicle pre- emption and integration with connected and autonomous vehicles. For thel local software, there willl be al hardware change required for the majority of the existing signals. This will accommodate any of the new software solutions that could be selected. This will also require engineering work for signal plan modifications in order to field deploy said hardware. Total project cost is estimated at Ar motion was made by Council Member Stocks and seconded by Council Member Sweat to authorize the Transportation Department to apply for the Carbon Reduction Program (CRP) funding for upgrading the Traffic Signal Central System through the Cabarrus Rowan Metropolitan Planning Organization's (CRMPO) call for projects- -the vote: all aye. 9. Consider approving a City of Concord Co-Sponsorship Policy. projects. $1,500,000. Estimated City participation $300,000 (20%). Staff has reviewed other Co-Sponsorship policies that are currently being used in other jurisdictions. Staff drafted the proposed Co-Sponsorship Policy for Council's review and approval to provide guidance to staff as they work with those in the community who request The policy guides the applicant through the application process, and will also assist City An motion was madel by Council Member Crawford and seconded by Council Member Stocks to approve the City of Concord's Co-Sponsorship Policy effective April 13, 2023--the vote: 10. Considerauthorzing the City Manager to negotiate and execute a construction contract with Liles Construction for the construction of the Rocky River Golf Course Bids were received onl March 2, 2023 for the demolition and replacement of the! pump house building at Rocky River Golf Course. Liles Construction was the low bidder with a total bid AI motion was made by Council Member Crawford and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Liles Construction in the amount of $134,641 for the construction of the Rocky River Golf Course Pump House the City Council co-sponsor their event. Council with understanding the costs of co-sponsoring events in the City. all aye. Pump House Building. of $134,641. Building-the vote: all aye. 66 11. Consider a Preliminary Application from John and Barbara Hawley, Jr. Ina accordance with City Code Chapter 62, Barbara Hawley has submitted a preliminary application to receive water and sewer service outside the City limits. The property is located at 5405 Kiwi Court. This parcel is zoned county LDR and is developed with a single family house. In order to receive service, the property owner would need to obtain private easements from neighbors along either Piney Church Road or Meredith Court. The property owner indicates that a utility company ran over the leech fields which started the problems. A motion was made by Council Member Crawford and seconded by Mayor Pro-Tem McKenzie to accept the preliminary application and have the owner proceed to the final 12. Consider appointing a voting delegate for the NCLM CityVision 2023 CityVision 2023 will be held April 25 -27 in Concord. Prior to the annual business meeting, an electronic voting process for board elections will be conducted.! During CityVision, League members can attend the annual business meeting where the 2023-2024 electronic Board of Directors election results will be announced. Each member municipality is asked to designate one voting delegate who is eligible to cast a single vote for the 2023-2024 League At the April 11, 2023 Work Session, the Council voted to appoint Mayor Dusch as the voting application phase excluding annexation-the vote: all aye. conference. (Work Session) Board of Directors in advance of the annual business meeting. delegate for the City of Concord. The consent agenda items were presented fori the Council's consideration. to approve the following consent agenda items-the vote: all aye. A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Sweat CONSENT AGENDAITEM, A A contribution of $160.50 from the Mayor's Golf Tournament to Carolina Bears Youth Organization was approved and the following budget ordinance was adopted. ORD.#23-26 AN ORDINANCE TO AMEND FY 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council oft the City of Concord, North Carolina did on the gth day of. June, 2022, adopt a City budget fort the fiscal year beginning July 1, 2022 and ending on June 30, WHEREAS, iti is appropriate to amend the expenselexpenditures and the revenue accounts 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 2023, as amended; and in the funds listed for the reason stated; amended as follows: Account Revenues Current Budget 6,640,033 Total Title Amended Budget 6,640,193 (Decrease) Increase 160 160 100-4370000 Fund Balance Approp 67 ExpenseslExpendtures Current Budget 6,660 Amended Budget 6,820 (Decrease) Increase 160 160 Account Title 4190-5470043 Golf Tournaments Total Reason: To appropriate Mayor Golf Tournament reserves for a donation to Carolina Bears Youth Organization for football field marker signs. This non-profit organization provides recreational opportunities for youth ages 5-14 in the Concord community. Adopted this 13th day of April, 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMI B The policies and procedures manual for Concord's HOME Investment Partnerships Program (HOME) was amended to include specific developer language. CONSENT AGENDA ITEMC Cybersecurity Grant Program. CONSENT AGENDA ITEMI D The Data Services Department was authorized to apply for the State and Local The City Manager was authorized to work with the Department of Justice to send future opioid settlement funds directly to Cabarrus County. CONSENT AGENDA ITEME A License to Attach Banners to City of Concord property to Conder Flag Company was approved for the installation of temporary race banners on Bruton Smith Blvd and Hwy 29to promote the Coca Cola 600 Memorial Weekend Race. CONSENT AGENDA ITEME The maintenance agreements were approved and the offers of dedication on the following properties were accepted: Pulte Home Company, LLC. CONSENT AGENDA ITEMG The offers of dedication on the following plat and easements were accepted: Piper Landing Phase 1 Map 3, Annsborough Park Phase 1 Map 3, and The Villas at Tucker's Walk-COS. An offer of infrastructure at Spring Meadow Subdivision Phase 2B Map 1 was accepted. CONSENT AGENDA ITEMI H CONSENT AGENDA ITEMI 68 The following General Fund and General Fund Capital Project Fund amendments were adopted. ORD.# #23-27 AN ORDINANCE TO AMEND FY 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council oft the City of Concord, North Carolina did ont the gth day of June, 2022, adopt a City budget for the fiscal year beginning July 1, 2022 and ending on June 30, WHEREAS, iti is appropriate to amend the expenselexpendtures and the revenue accounts 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 2023, as amended; and in thet funds listed for the reason stated; amended as follows: Account 100- 4323100 Revenues Current Budget Title Amended (Decrease) Budget Increase 510,000 510,000 1% Local Govt Opt Sls 9,354,188 9,864,188 Tx Total ExpenseslExpendures Current Budget Amended (Decrease) Account 4190- 5987000 Title Transfer to Project Fund Budget Increase 510,000 8,000,000 8,510,000 510,000 Total Reason: Toappropriate anticipated excess sales taxi revenue tof funda at transfer tot thep project fund for thel IT Network Switches project ($260,000) andt the Finance/HR ERP System project ($250,000). Adopted this 13th day of April, 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ Valerie Kolczynski, City Attorney ORD.#23-28 69 CAPITAL PROJECT ORDINANCE General Capital Projects BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following project SECTION 1. The projects authorized are General Capital Projects for IT Switches and ERP SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the projects. SECTION 3. The following revenues are anticipated to be available to the City of Concord ordinance is hereby ordained: System. for the project: Account Revenues Current Amended (Decrease) 13,639,309 14,149,309 510,000 Title Budget Budget Increase 510,000 430-4501100 From General Fund Total SECTION4. The following amounts are appropriated for the project: ExpensesExpendtures Current Amended (Decrease) Account 8804-5811295 8804-5811296 Title ITS Switches ERP System Budget 0 0 Budget 260,000 250,000 Increase 260,000 250,000 510,000 Total SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the SECTION6. Within five (5) days after adopted, copies of this project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out this SECTION 7. The Finance Director is directed to report on the financial status of this project ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 13th day of State of North Carolina. project. unusual occurrences. April, 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 70 CONSENT AGENDA ITEM. J The following budget amendment to amend the General Fund was adopted. ORD.#23-29 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 30, WHEREAS, iti is appropriate to amend the expenselexpenditures and the revenue accounts 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 2023, as amended; and in the funds listed for the reason stated; and amended as follows: Revenues Account Title Current Budget Amended (Decrease) Budget 4,937,877 Increase 512,078 512,078 100-4323200 1/2%-Article 40 Sales Tax 4,425,799 Total ExpenseslExpenditures Current Budget 2,620,440 Amended (Decrease) Budget 3,132,518 Account Title Increase 512,078 512,078 4520-5302000 Contractor - Residential Total Reason: To appropriate anticipated excess sales tax revenue to cover the contractual settlement due to' Waste Pro. Adopted this 13th day of April, 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 ITEM K City's Capital Improvement Plan. The following General Fund operating budget and General Capital Reserves Fund amendments were adopted to complete year-end transfer for future projects listed in the ORD.#23-30 71 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 30, WHEREAS, iti is appropriate to amend the expenselexpendntures and the revenue accounts 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 2023, as amended; and int the funds listed for the reason stated; amended as follows: Account Revenues Current Budget 6,640,193 Total Title Amended Budget (Decrease) Increase 9,500,000 100-4370000 Fund Balance Approp 16,140,193 9,500,000 Eapenseslxpendtures Current Budget Amended Budget 9,500,000 (Decrease) Increase 9,500,000 9,500,000 Account Title 4190-5981500 Transfer to Cap Reserve 0 Total Reason: To transfer reserves from FYE2022 to the General Capital Reserve to fund capital projects. Adopted this 13th day of April, 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney ORD.#23-31 CAPITAL RESERVE FUND ORDINANCE BEIT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 18-22 Chapter 159 of the General Statutes of North Carolina, the following Capital SECTION 1. The purpose authorized is to accumulate funds for future projects and capital outlay as listedi in the City's Capital Improvement Plan. Funds willl be accumulated until such time the City Council designates the funds for projects. The General Fund will serve as the funding source for the Capital Reserve Fund upon City Council approval and withdrawals Reserve Fund ordinance is hereby adopted/amended: must be approved by City Council through an ordinance. 72 SECTION2. The City Manager is hereby authorized to proceed with the implementation and SECTION: 3. Thet following revenues are anticipated to be avalable/expenaitures anticipated tol be expended tot the City of Concord for this fund & the following amounts are appropriated amendments of the fund. fort the project: Fund 285 General Capital Reserve Fund Budget Amended Budget Inc(Dec) From General Fund 285-4501100 285-4501100 8150-5811082 8150-5811082 Future $20,620,332 $30,120,332 $15,935,687 $25,435,687 $9,500,000 $9,500,000 Projects SECTION 4. Accounting records are to! be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the capital reserve fund and (2)t to comply with the Local Government Budget and Fiscal Control Act of the State SECTION 5. Within five (5) days after adopted, copies of this capital reserve fund amendments/adopton shall be filed with the City Manager, Finance Director, and City Clerk SECTION 6. The Finance Director is directed to report on the financial status of this fund in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 13thday of April, of North Carolina. for direction in carrying out the purpose of this fund. unusual occurrences. 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 AGENDAI ITEML The 2023 Capital Fund Grant from HUD was accepted and the following budget ordinance was adopted. ORD.#23-32 GRANT PROJECT ORDINANCE FY2023 CAPITAL FUND GRANT PROJECT NC19P00850123 BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby ordained: 73 SECTION 1. The project authorized is the Capital Fund grant, which is a program to assist the Housing Department in carrying out development, capital and management activities in SECTION 2. The City Manager is hereby authorized to proceed with the implementation of the project within terms ofagrant agreement with the U.S. Department ofH Housing and Urban SECTION 3. The following revenues are anticipated to be available to the City of Concord order to ensure that the program continues to service low-income families. Development. for the project: 2023CFP Revenue 692-4703311 692-4703311 $473,252 SECTION 4. The following amounts are appropriated to the project: General Capital Activity Operations Total 9215-5800290 9215-5800290 9215-5800250 9215-5800250 $335,000 138,252 $473,252 SECTION 5. Accounting records are tol be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the SECTION 6. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 13th day of April State of North Carolina. this project. unusual occurrences. 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 ITEMI M Thei following resolution was adopted to amend Article I, Section D, Item 3 oft the Purchasing Policy. ARESOLUTION. AMENDING THE PURCHASING POLICY OF THE CITY OF CONCORD 74 WHEREAS, the City of Concord, North Carolina (herein "the City") has adopted a Purchasing policy: and WHEREAS, the City desires to amend the policy; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Concord that: 1. Article I. GENERAL GUIDELINES, Section D. VENDOR RELATIONS, item 2. Gifts, Gratuities, Favors, and Discounts be amended to follow the NC General Statutes conflict ofi interest which is contained in NCGS 133-32: 3. Gifts, Gratuities, Favors, and Discounts (In accordance with N.C.G.S. 133-32) (a) Itshall be unlawful for any contractor, subcontractor, or supplier who: (1) Has a contract with a governmental agency; or (2) Has performed under such a contract within the past year; or (3) Anticipates bidding on such a contract in the future tor make gifts or to give favors to any officer or employee ofag governmental agency (1) Preparing plans, specifications, or estimates for public contract; or (2) Awarding or administering public contracts; or (3) Inspecting or supervising construction. Itshall also be unlawful for any officer ore employee ofag governmental agency who (1) Preparing plans, specifications, or estimates for public contracts; or who is charged with the duty of: is charged with the duty of: (2) Awarding or administering public contracts; or (3) Inspecting or supervising construction willfully to receive or accept any such gift or favor. (b) intentionally deleted. (c) intentionally deleted. (d)This section is noti intended toy prevent a gift a public servant would be permitted to accept under G.S. 138A-32, or the gift and receipt of honorariums for participating in meetings, advertising items or souvenirs of nominal value, or meals furnished at banquets. This section is not intended to prevent any contractor, subcontractor, or supplier from making donations to professional organizations to defray meeting expenses where governmental employees are members of such professional organizations, nor is it intended to prevent governmental employees who are members of professional organizations from participation in all scheduled meeting functions available to all members of the professional organization attending the meeting. This section is also noti intended to prohibit customary gifts or favors between employees or officers and their friends and relatives or the friends and relatives of their spouses, minor children, or members of their household where iti is clear that iti is that relationship rather than the business of the individual concerned which is the motivating factor for the gift or favor. However, all such gifts knowingly made or received are required tob be reported by the donee to the agency head if the gifts are made by a contractor, subcontractor, or supplier doing business directly or indirectly with the governmental No coworker may participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. Such a conflict of interest would arise when the coworker receives ai financial or personal benefit from a vendor being considered or under contract. Coworkers may neither solicit nor accept gratuities, favors, or anything of Discounts offered to City employees should only be used if they are widely available to all City coworkers. All personal transactions should be made solely in the name of the individual coworker and never on an account in any way associated with City business. A list of approved discounts available to all coworkers can be located on the intranet home page using the link labeled "External Benefits for Coworkers". Any additional discount agency employing the recipient of such a gift. monetary value from contractors or suppliers. 75 programs should be reported to Human Resources and added to the approved list of Coworkers shall not accept gifts, or loans from vendors, or from any organizations, business firms, or individuals with whom they have official relationships because of City Government business. These limitations do not prohibit the acceptance of articles of negligible value, which are distributed generally, do not prohibit coworkers from accepting social courtesies that promote good public relations, and do not prohibit coworkers from obtaining loans from public lending institutions. This restriction applies to all City coworkers, and elected officials, and itis particularly important that inspectors, contracting officers, and enforcement officers guard against relationships that might be construed as evidence of favoritism, coercion, unfair advantage, or collusion. Any vendor found to have offered or engaged in unacceptable gifts or loans to any person covered by this section shall be ineligible for City external benefits prior to such discounts being issued. business for a period of three (3) years. This resolution shall be effective upon passage. Adopted this 13th day of April 2023. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk CONSENTAGENDA ITEMN Parental Bonding Leave. CONSENT AGENDA ITEMO CONSENT AGENDA ITEMP CONSENT AGENDA ITEMQ The City's Personnel Policies and Procedures Manual was amended to add Article 6.11 Paid The Tax Office collection reports for the month of February 2023 were accepted. The Tax releases/refunds for the month of February 2023 were approved. The monthly report on investments as of February 28, 2023 was received. A motion was made by Council Member Crawford and seconded by Council Member Parsley-Hubbard to conduct a closed session in accordance with N.C. General Statute 143- 318.11(a)(3) to consult with the Attorney to protect the attorney-c -client privilege and to consider and give instructions concerning a judicial action titled City of Concord V. Barber Scotia College, Inc.; and N.C. General Statute 143-318.11(a)(4) to discuss matters relating to the location or expansion of business in the area served by this body-the vote: all aye. There being no further business to be discussed, a motion was made by Council Member Crawford and seconded by Council Member Sweat to adjourn--the vote: allaye. ULa William C. Dusch, Mayor gDu