479  CONCORD CITY COUNCIL REGULAR MEETING JANUARY 12, 2023  Aregular meeting oft the City Council for the City of Concord, North Carolina, was heldi in the 3rdf floor City! Hall Council Chambers located at 35 Cabarrus Ave, W, on. January 12,  2023, at 6:00 p.m. with Mayor William C. Dusch presiding. Council members were present as follows:  Members Present: Mayor Pro-Tem JCI 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 byt the Pledge of Allegiance  and a moment of silent prayer. Approval of Minutes:  A motion was made by Council Member Crawford and seconded by Mayor Pro-Tem McKenzie to approve the minutes for the meetings of November 22, December 6,  December 8, and December 20, 2022-the vote: all aye.  A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Crawford to addi the following additionali item toi the Consent. Agenda-the vote: all aye. Consider approving a change to the asicaton.compensaton system to include the  ADDITIONAL CONSENT AGENDA ITEM:  following classification: Downtown Development Coordinator.  Presentations:  Mayor Dusch presented the Distinguished Budget Awardi fromi the Government Finance Officers Association of the United States and Canada to the Budget Manager, Lesley Reder. This year marks the 21st consecutive year the City has been awarded this  recognition. Informational Items:    480  1. Presentation from Corporate Christian Ministries (CCM) Executive Director, Mr. Hosack presented his information tot the Mayor and Council at the Tuesday, January It was the consensus of the Council to discuss the proposal further at the January 21st  Ed Hosack. 10th Work Session. 2nd Work Session.  Recognition of persons requesting to be heard:  Mr. Roland Jordan addressed the Council in regards to community issues he feels  needs to be addressed. Public Hearings:  1. Conducta public hearing pursuant to North Carolina General Statutes Sec. 158-7.1 to consider granting a three-year/85%o tax-based economic development grant to HSREI, LLC, (Hendrick Motorsports Manufacturing) to locate at 5301 Stowe Lane, Charlotte, North Carolina 28262 (Concord city limits) having an investment of approximately $14,900,000 in real and personal property. HSREI, LLC, proposes to develop an approximately 155,000 SF advanced manufacturingi facility to allowi fort the expansion oft the existing manufacturing: operations and specifically for the fabrication of metal structures, prototyping, and assembly. HSREI, LLC, proposes to invest approximately $14,900,000 in real and personal property. The project expects to create approximately 50 new full-time jobs (in addition The total value of the City's three-year grant is estimated to equal $176,868 depending on the actual investment. The City of Concord would still collect a three-year net A motion was made by Council Member Crawford and seconded by Council Member There were no speakers signed in to speak in opposition or in favor of the request. Therefore, ar motion was made by Council Member Langford and seconded by Council AI motion was made by Council Member Crawford and seconded by Council Member Parsley-Hubbard to offer a contract for a three-year/859 tax-based Economic Development Incentive Grant to HSREI, LLC, tol locate at 5301 Stowe Lane, Charlotte, 2. Conduct a public hearing for case Z-21-22 and consider adopting an ordinance amending the official zoning map for +i- 3.125 acres located at 494 Corban Ave SE from RM-1 (Residential Medium Density) to C-2 (General Commercial): and to amend the 2030 Land Use Plan to modify the future land use designation of the parcel from "Suburban Neighborhood" to "Commercial". The Planning and Zoning Commission heard the petition at their December 20, 2022, meeting and unanimously voted to forward the request to City Council with a recommendation that the zoning map be amended from RM- 1 (Residential Medium Density) to C -2 (General Commercial) and to amend the 2030 Land Use Plan to designate the parcel as "Commercial". The property is the site of the Berry Auto Clinic and has been in use as an auto repair facility by the applicant since 1989. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to open the public hearing-the vote: all aye.  tor retaining 75 existing jobs) with average wages of $62,000. revenue of $31,212 after the incentive payments. Sweat to open the public hearing--the vote: all aye.  Member Sweat to close the public hearing-the vote: all aye.  North Carolina 28262 (Concord city limits)- -the vote: all aye.    481  There were no speakers signed in to speak in opposition or in favor of the request. Therefore, ar motion was made by Council Member Langford and seconded by Mayor A motion was made by Council Member Crawford and seconded by Mayor Pro-Tem McKenzie to adopt the following Statement of Consistency--the vote: all aye.  Pro-Tem McKenzie to close the public hearing- -the vote: all aye.  The subject property is approximately +/- 3.215 acres and is zoned City of The subject property was annexed into the City on May 14th 1975 and zoned to R-1) Residential at that time. The zoning was later converted to RM-1 The subject property has been an established commercial use since 1989. The proposed C-2 (General Commercial) zoning will allow for continued operation and expansion of the commercial use on the property. The proposed zoning is not consistent with the 20301 Land Use Plan (LUP) as C-2 (General Commercial) is nota a corresponding: zoning classification tot the Suburban Neighborhood land use category. Thes subject property and surrounding properties, however, are all developed as commercial uses, therefore this would be consistent with a The: zoning amendment is reasonable andi int the! publici interest asi iti is consistent with the existing zoning surrounding the subject property and the adjacent Ar motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Parsley-Hubbard adopt the following ordinance amending the official zoning map from RM-1 (Residential Medium Density) to C-2 (General Commercial) and to amend the 2030 Land Use Plan to modify the future land use designation of the parcel from  Concord RM-1 (Residential Medium Density)  (Residential Medium Density)  Commercial land use category. commercial uses.  "Suburban Neighborhood" to Commercial"- the vote: all aye.  ORD. #23-04  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERTY GENERALLYLOCATED AT WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by thel North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial 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 fromt time tot time as necessary amend, supplement, change, modify or repeal certain of 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 Bill5 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, providedt thata at! least three-fourths oft the members present vote int the affirmative, and no appeal of the decision is taken; and WHEREAS, Section 3.2.4.B.5oft the Concord Development Ordinance: specifies that any person aggrieved byt the decision oft the Planning andz Zoning Commission shall have the right to appeal the decision to the City Council within fifteen days of the decision oft the Planning and Zoning Commission decision by giving written notice toi the  494 CORBAN. AVE SE, CONCORD, NC  Jurisdiction on July 28, 1977; and  its zoning regulations and restrictions and zone boundaries; and  Administrator; and  WHEREAS, Section 3.2.4.B.2 of the Concord Development Ordinance specifies    482  that a final approval decision shall not be in effect until the fifteen-day appeal period  expires;  NOW, THEREFORE BEI IT ORDAINED byt the Planning and Zoning Commission SECTION1. That the P&Z Commission held a duly advertised public hearing on December 20, 2022. At the close oft 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 +/- 3.215 acres and is zoned City of The subject property was annexed into the City on May 14th 1975 and zoned to R-1) Residential at that time. The zoning was later converted to RM-1 The subject property has been an established commercial use since 1989. The proposed C-2 (General Commercial) zoning will allow for continued operation and expansion of the commercial use on the property. The proposed zoning is not consistent with the 2030 Land Use Plan (LUP)as C-2 (General Commercial) is not a corresponding zoning classification tot the Suburban Neighborhood land use category. The subject property and surrounding properties, however, are all developed as commercial uses, therefore this would be consistent with a The zoning amendment is reasonable and int the public interest as it is consistent with the existing zoning surrounding the subject property and the adjacent The P&Z Commission then voted unanimously to recommend approval of the map amendment for PIN 5630-59-7682 and plo 5630-68-0867 from RM-1 (Residential Medium Density) to C-2 (General Commercial), and designate the property C (Commercial) in the 2030 Land Use Plan. Since the rezoning would resuit in a comprehensive plan amendment, it is forwarded to City Council for hearing with a SECTION 2. That the City Council held a duly advertised public hearing on January 12, 2023. At the close of the public hearing, the City Council adopted the following Statement of Zoning Consistency" as required by NC Gen. Stat 160D-605. The subject property is approximately +/- 3.215 acres and is zoned City of The subject property was annexed into the City on May 14th 1975 and zoned to R-1) Residential at that time. The zoning was later converted to RM-1 The subject property has been an established commercial use since 1989. The proposed C-2 (General Commercial) zoning will allow for continued operation and expansion of the commercial use on the property. The proposed zoning is not consistent with the 2030 Land Use Plan (LUP)asC-2 (General Commercial) is not a corresponding: zoning Classification to the Suburban Neighborhood land use category. The subject property ands surrounding properties, however, are all developed as commercial uses, therefore this would be consistent with a Thez zoning amendment is reasonable and int the publici interest as iti is consistent with the existing zoning surrounding the subject property and the adjacent  of the City of Concord, North Carolina:  Concord RM-1 (Residential Medium Density)  (Residential Medium Density)  Commercial land use category.  commercial uses.  recommendation from the Planning and Zoning Commission.  Concord RM-1 (Residential Medium Density)  (Residential Medium Density)  Commercial land use category.  commercial uses.  The City Council then voted to APPROVE the map amendment.    483  SECTION 3: Thatt the Official Zoning Map is hereby amended by rezoning from City of Concord RM-1 (Residential Medium Density) to City of Concord C-2 (General Commercial)t the area described as follows and that thet future land use designationofc Being a 3.215 acres tract, and being Lot 1, Map Book 94, Page 19, City of Concord, Beginning at an existing 5/8" rebar ini the southern edge of the right of way of NC HWY 73, said rebar being S 86°37'26" E, 331.271 feet from NCGS Monument "Fish House" and being in the line of JETKI LLC, Deed Book 13640, Page 152; thence within the right of way of NC HWY 73, thei following five (5) courses and distances; 1) N 33°26'24" W, 23.16 feet to a point; 2) N79-26'15" E, 20.06 feet to a point; 3)N 20°10'45" W, 18.25 feet to a point; 4)! N 79°26'30" E, 458.151 feet to ap point; 5)s 9023'25" E, 38.52 feet to a set %" rebar in the southern edge of the right of way of NC HWY73 and in the line of Juan Vasquez, Deed Book 12099, Page 87; thence with the line of Vasquez, the following four (4) courses and distances; 1)s 9°23'25" E, 209.10 feet to a set %'rebar; 2) S 80°36'35" W, passing a set %" rebar at 100.00 feet, 140. .00 feet to a point; 3) $22°56' 43" E, 114.33 feet to a point; 4) $27010'35" E, 50.76 feet to a point a corner of! Lot 2, Map Book 94, Page 19; thence with the common line of Lots 1 and 2, S 79°04'03" W, passing a set %" rebar at 40.001 feet, 209.78 feet to an existing 34"i ironi in the line of F &. Je enterprises Inc, Deed Book 1416, Page 184, thence with the line of F &J J Enterprises LLC, the following two (2) courses and distances; 1) N 30°03'26" W,6 69.931 feet to an existing concrete monument; 2) N 33°25'43" W,208.65 feet to an existing %" rebar in the line of. JETK LLC, Deed Book 13640, Page 152; thence with the line of JETK LLC, N 33°26'24" W, 118.20 feet to an existing 5/8" rebar int the southern edge of the right of way of NC HWY 73 and being the Point and Place of Beginning and containing 3.215 acres SECTION4. Thatt the above described property shalll bep perpetually bound toi 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  (Commercial) is applied in the 2030 Land Use Plan: Cabarrus County, North Carolina and described as follows:  more or less.  Ordinance.  SECTION 5. That the effective date hereof is the 12th day of. January, 2023.  Adopted the 12th day of January, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  3. Conduct a public hearing for case TA-10-22 and consider adopting an ordinance amendingt the Concord Development Ordinance Table 7.6.2.A.1 to amend the height limit for multi-family in the 0-I Office-institutional) zoning District. This text amendment is administrative ini nature and serves to correct an omission from TA-06-22, which raised height limits for multi-family tof four stories for multi-family int the RV and RC: zoning districts. The Planning and Zoning Commission recommended the amendment and the statement of reasonableness and consistency as depicted in the  staff presentation on December 20, 2022.    484  A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member There were no speakers signed in to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member Crawford and seconded by Council An motion was made by Council Member Crawford and seconded by Council Member Parsley-Hubbard to adopt the following Statement of Reasonableness and The height limit change for the Office-Institutional zoning district is reasonable and in the public interest because it brings greater consistency across other zoning districts where multi-family is a permissible use as adopted in TA-06-22. The topic is not specifically addressed in the 2030 Land Use Plan, except via compatibility! language between adjacent land uses. Multi-familyi in the O-district are only permissible as incidental to an institutional use, such as a church or A motion was made by Council Member Crawford and seconded by Mayor Pro-Tem McKenzie adopt thei following ordinance amending the CDO Table7.6.2A--the vote: all  Sweat to open the public hearing- -the vote: all aye.  Member Sweat to close the public hearing- the vote: all aye.  Consistency--the vote: all aye.  school.  aye.  ORD.#23-01  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, WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-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 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1: Thatt thet following section of Concord Development Ordinance (CDO) Article 7" "Base Zoning Districts", Table7.6.2.A. "Dimensional Standards" be amended inr relevant  1977; and  regulations and restrictions and zone boundaries; and  Ordinance. Carolina:  part as set forth below:  A  B Max. Density (per acre)  C  D Min. Street Frontage Width (feet)  E Min. Lot (feet)  F Min. Lot Depth Height (feet)  G Max. Building (feet)  Zoning Min. District Lot Size  Impervious Public Surface Ratio (2)  (sq. ft.)    485  0-I  0.7  35(5)  SECTION 3: That this Ordinance be effective immediately upon adoption.  Adopted in this January 12th, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk Presentations of Petitions and Requests:  Is/ Valerie Kolczynski, City Attorney  1.  Consider: authorizing the City Manager to negotiate and execute a contract with WithersRavenel for full design services for the Academy Gibson Area City Council adopted the new master plan for the renovation and redevelopment of Academy Gibson Area on September 8, 2022. The Academy Gibson area part of Phase development includes the open space at the corner of Kerr and Cedar adjacent to the existing Village Greenway and the open space area adjacent to Clearwater. Also, the area at the corner of Kerr and. Academy for redevelopment for community space with a Parks and Recreation staff selected thet firm, WithersRavenel through an RFQ process forp professional design services fort the park. The original master plan was completed by This design phase will include Schematic Design, Design Development Plans, Construction Documents at 50%, 95% and 100% level, Geotechnical site work and investigations, architectural services for existing and proposed buildings on the property, cost estimation services, and allowances fors surveying and additional mapping. Fullturn- key development of Phase I for the Academy Gibson Park Area is identified in the Ar motion was made by Council Member Langford and seconded by Council Member King to authorize the City Manager to negotiate and execute a contract with WithersRavenel ini the amount of $513,8001 for Fulll Designs services for Academy Gibson 2. Consider approving the Public Art Master Plan for Concord to serve as a guide to implementing public art throughout the City of Concord. Action was taken on this item at the Tuesday, January 10th, Work Session. Action was taken on this item at the Tuesday, January 10th, Work Session.  adjacent to the Clearwater Arts Center & Studio.  parking area.  WithersRavenel and staff guided the public input process.  General Obligation Bond funded project.  Phase I Park Area-the vote: all aye.  3. 4. needed.  Consider adopting bylaws for the newly created Public Art Commission. Consider authorizing Rider Transit to enter into an MOU with the Cabarrus Reentry Program for pilot project to provide participants program related trips as    486  The Cabarrus Reentry Program approached Rider Transit to discuss transportation support for program participants facing transportation challenges, often one of the Program Director, Dennis Brown, presented their initial request at the November 30, 2022 Concord Kannapolis Transit Commission meeting. The request centered: around a pilot program that would involve 6 individuals that have been working with the Reentry Program to receive training, certification andj job placement int thel Logistics industry prior Rider Transit would like to support the Cabarrus Reentry Program's request and provide program related trips for participants, particularly work-related trips. The Concord Kannapolis Transit Commission unanimously: approved entering into the partnership as a pilot project at their November 30, 2022 meeting, which will be monitored, data complied, and revisited 6 months after initial implementation to determine next steps. A motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Stocks to authorize Rider Transit to enter into an MOU with the Cabarrus Reentry Program to provide participants program related trips as needed--the vote: all aye. 5. Considerabandoning; a sewerngnio'wayacross property at 308 Concord There is a sewer right-of-way recorded in Deed Book 625 Page 655 to the City of Concord. As this property has developed, this right-of-way is not necessary. Ar motion was made by Council Member Crawford and seconded by Council Member Parsley-Hubbard to adopt the following resolution authorizing the Abandonment of  leading causes of reentry failures.  to their reentry in early February.  Parkway N (PIN 5620 05 5851).  Sewer right-of-way-the vote: all aye.  RESOLUTION RELEASING SEWER RIGHT OF WAY  WHEREAS, a sewer right-of-way was granted in Deed Book 625 Page 655 recorded in the Cabarrus County Registry to the City of Concord for sanitary sewer; and WHEREAS, as aresult of development on the propertywhich results in the right-of-way for the sewer no longer needed, the developer request that said right-of-way be WHEREAS, the release of the right-of-way would not be contrary toi the public interest; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Concord, 1. That the 10' sewer right-of-way recorded in Deed Book 625 Page 655 and more particularly shown on Exhibit "A" is hereby ordered abandoned, and all rights and 2. The City's property rights in the released right-of-way shall be conveyed by the City Attorney and other necessary staff or the mayor to the property owners of record. 3. The City Attorney and other City staff are hereby directed to take all necessary  abandoned; and  North Carolina:  interest of the City are released.  steps to enforce this resolution. Adopted this 12th day of January 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor    487  ATTEST: /s/ Kim Deason, City Clerk  6.  Consider appointing a single voting delegate to cast the City of Concord's vote on the proposed legislative goals from the North Carolina League of Action was taken on this item at the Tuesday, January 10th, Work Session. The consent agenda items were presented for the Council's consideration. A motion was made by Council Member Parsley-Hubbard, seconded by Council Member Sweat, and duly carried, to approve the following consent agenda items-the  Municipalities (NCLM).  vote: all aye.  CONSENT AGENDA ITEM A CONSENT AGENDA ITEMB  The current Concord ABC Board Travel Policy was approved.  The Police Department was authorized to apply for the grant funding from the NC Governor's Highway Safety Administration: aimed at preventingt trafficrelated deaths and  injuries on streets and highways in the City of Concord.  CONSENT AGENDA ITEM C  The City Manager was authorized to provide al Letter of Support tot the Carolina Thread Trail fort the grant application and staff was authorizedi toy participate int the study, and to provide the financial support to Carolina Thread' Trail int the amount of $2,000 from the Connectivity Project account fort the City's portion of the overall supporting match. The City Manager was authorized to negotiate and execute a contract with NCDOT through the Cabarrus-Rowan MPO for the acceptance of the Federal (CMAQ) Congestion Mitigation and Air Quality Program grant in the amount of $1,549,154 for  CONSENT AGENDAITEMD  construction and to adopt a capital project ordinance amendment.  CONSENT AGENDA ITEME  Offers of infrastructure were accepted at Red Hill Subdivision, Spring Meadow  Subdivision PH2A MP1, Dollar Tree Union Street, S.  CONSENT AGENDA ITEMF  The maintenance agreements were approved and the offers of dedication were accepted on the following properties: M/I Homes of Charlotte, LLC-3 345 Odell School Road and 2850 Rock Hill Church Road, EC Emery, LLC., and Mini Storage Depot on The offer of dedication ont thet following plat and easements was accepted: Cannon Run Phase 1-A, Piper Landing Phase 2 Map 1, Emery Apartments, Amhurst Phase 2, and  Concord Parkway, LLC. CONSENT AGENDA ITEM G Faith Drive Townhomes. CONSENT AGENDA ITEMH H    488  The following capital project ordinance was adopted to amend the Stormwater Projects  Fund.  ORD.#23-02  CAPITAL PROJECT ORDINANCE AMENDMENT  Stormwater Projects  BEIT ORDAINED byt the City Council oft 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 and amended are Brookwood Ave improvements and 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 SECTION 3. The following revenues are anticipated to be available to the City of Concord  ordinance is hereby ordainedamended:  Mall North Culvert. projects. for the project: Account Total  Revenues  Current Budget  Amended (Decrease)  Title  Budget  Increase 0  SECTION4. The following amounts are appropriated for the projects:  ExpenseslExpenditures  Current Budget 480,000 652,500 2,073,175  Amended Budget 0 1,000,000 2,205,675  (Decrease) Increase (480,000) 347,500 132,500 0  Account Total  Title  7103-5811290 Brookwood Ave Imprv 7103-5811291 Mall North Culvert 7103-5811082 Future 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 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 SECTION 5. 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 SECTION6. The Finance Director is directed to report on thet 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 12th day of  Control Act of the State of North Carolina.  carrying out this project. unusual occurrences. January, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor    489  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMI  The following resolution was adopted to designate allowed depositories for the City. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Concord, Section 1. Allp pooling financial institutions (list attached), the Financial Institutions, are designated as a depository for the funds of the City, the Corporation, and to provide Section 2. This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Financial Institution. Any and all prior resolutions adopted by the Corporation and certified1 tot the Financial Institution as governing the operation of this Corporation's account(s), are in fullf force and effect, until the! Financial Institution receives and acknowledges ane express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a resolution must be accompanied by documentation, satisfactory to the Financial Institution, establishing the authority fort the changes. Section 3. The signature of an Agent ont this resolution is conclusive evidence oft their authority to act on behalf of the Corporation. Any Agent, sO long as they act in a representative capacity as an Agent of the Corporation, is authorized to make any and all other contracts, agreements, stipulations and orders whicht they may deem advisable fori the effective exercise oft the powers indicated on page one, from time tot time witht the Financial Institution, subject to any restrictions on this resolution or otherwise agreed to Section 4. All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of the Corporation with the Financial Institution prior to the adoption of the resolution are hereby ratified, approved and Section 5. The Corporation agrees to the terms and conditions of any account agreement, properly opened by any Agent of the Corporation. The Corporation authorizes the Financial Institution, ata any time, to charge the Corporation for all checks, drafts, or other orders, for the payment of money, that are drawn on the Financial Institution, so long as they contain the required number of signatures for this purpose. Section 6. The Corporation acknowledges and agrees that the Financial Institution may furnish at its discretion automated access devices to Agents oft the Corporation to facilitate those powers authorized by this resolution or other resolutions in effect at the time of issuance. The term automated access device" includes, buti is not limited to, Section 7. The Corporation acknowledges and agrees thatt the Financial Institution may rely on alternative signature and verification codes issued to or obtained from the Agentr named ont this resolution. Thei term' alternative signature and verification codes" includes, buti is not limited to, facsimile signatures on file with the Financial Institution, personal identification numbers (PIN), and digital signatures. Ifa facsimile signature specimen has been provided on this resolution, (or that are filed separately by the Corporation with the Financial Institution from time to time) the Financial Institution is authorized tot treatt thet facsimile signature as thes signature oft the Agent(s) regardless of by whom or by what means the facsimile signature may have! been affixed so long asi it resembles the facsimile signature specimen on file. The Corporation authorizes each Agent tol have custody oft the Corporation's private keyusedt to create a digital signature  RESOLUTION FINANCIAL INSTITUTION  North Carolina, that:  other financial accommodations indicated in this resolution.  inwriting.  confirmed.  credit cards, automated teller machines (ATM), and debit cards.    490  and to request issuance of a certificate listing the corresponding public key. The Financial Institution shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed in writing.  Section 8. Corporation Agents  NAME Jessica Jones Kristin Roe Madison Forte  TITLE Finance Director Deputy Finance Director Accounting Operations Manager  Section 9. This resolution shall be effective as of adopted date.  Adopted this 12th day of January, 2023.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk CONSENT AGENDA ITEMJ  The following delinquent utility accounts were transferred to collection losses: Electric $344,039.3;Water: 516,2170.Wasewater $89,546.32; Somwatersi9012Zand  Environmental Services $10,867.84. CONSENT AGENDA ITEMK  The addition oft thel Downtown Development Coordinator (Grade109) withasalary range of $55,511.12 (minimum) - $73,552.22 (midpoint) - $91,593.36 (maximum) was  approved.  CONSENT AGENDAI ITEM L CONSENT AGENDA ITEMN M CONSENT AGENDA ITEMN N CONSENT AGENDAITEMO  The City's semiannual debt status report as of December 31, 2022 was accepted. The Tax Office collection reports for the month of November 2022 were accepted. The Taxi releases/refunds: fort the month of November 2022 were approved. The monthly report on investments as of November 30, 2022 was accepted.  There being no further business to be discussed, a motion was made by Mayor Pro-Tem McKenzie and seconded by Council Member Stoçkst to adjourn-ythe vote: all  aye. KimJ  William C. Dusch, A  Mayor  Clerk  Zaaun