388  CONCORD CITY COUNCIL REGULAR MEETING OCTOBER 13, 2022  Aregular meeting of the City Council for the City of Concord, North Carolina, was held in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W,on October 13,  2022, at 6:00 p.m. with Mayor William C. Dusch presiding. Council members were present as follows: Mayor Pro-Tem TerryL. Crawford Council Member Andy Langford Council Member W. Brian King Council Member JC McKenzie Council Member Jennifer Parsley-Hubbard Council Member John A. Sweat, Jr. Council Member Betty M. Stocks City Manager, Lloyd Wm. Payne, Jr. City Attorney, VaLerie Kolczynski City Clerk, Kimberly J. Deason Assistant City Managers Department Directors  Members Present:  Members Absent: Others Present:  Call to Order, Pledge of Allegiance, and Moment of Silent Prayer:  The meeting was called to order by Mayor Dusch followed by the Pledge of Allegiance  and a moment of silent prayer. Approval of Minutes:  Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to approve the minutes for the meetings of August 23, September 6, and  September 8, 2022--the vote: all aye.  Presentations: Ribbon Week.  1. Mayor Dusch presentedaF Proclamation recognizing October 23-31,as Red 2. Mayor Dusch presented the Award forOutstanding. Achievementin Popular Financial Reporting and Triple Crown Award from the Government Finance The City of Concord is a Triple Crown winneri for the second year in a row, meaning the City received the Achievement. Awards for our Annual Comprehensive Financial Report, 3. Mayor Dusch recognized the City of Concord Housing Department, in partnership with MIZZHBJ Enterprise, for receiving the Carolina Council of  Officers Association of the United States and Canada. Annual Operating Budget Document, and PAFR.    389  Housing Redevelopment & Codes Officials 2022 Human Service Award for their  program "KIDZ HELPING KIDZ SOAR".  Unfinished Business:  A. Continue a public hearing for case Z(CD)-07-21 and consider adopting an ordinance amending the official zoning map for +/- 54.8519 acres located northeast corner of International Drive and Highway 73, generally addressed as 4208 and 4515 Davidson Hwy from MX-CC2 (Mixed-Use Commercial CenterLarge) to I-1-CD (Light Industrial Conditional District) and C-2 (General Commercial). This case was tabled from the June 9th City Council meeting and was continued to July. At the. July meeting, the hearing was continued in order to allow the developer to meet with neighbors to explore a change tot the site plan to address thet truck access issue. In August and September, the developer requested additional continuances until October in order to continue conversations with the neighbors relative to noise issues and to develop a mutually agreed upon mitigation plan. The applicant has indicated that they have conducted a noise analysis, shared that study with the neighbors and are in the Thel Planning and Zoning Commission heard the above referenced petition ati their April 19th, 2022 public hearing and acted to deny the request. In accordance with Concord Development Ordinance section 3.2.4-B' "The Commission may grant final approval ofa zoning map amendment by a vote of at least three-fourths (3/4) of the members of the Commission present and not excused from voting. If the approval is by a vote of less than three-fourths, or if the Commission renders a recommendation of denial, the request shall be forwarded tot the City Council for hearing at their next available meeting and the City Council shall have the authority to make at final decision on the zoning map amendment." According to the applicant, an office, warehouse, distribution and light industrial business park aret the possible uses fort thel I-1-CD (Light Industrial Conditional District) area oft the development and no specific plans have been provided for the C-2 The Planning and Neighborhood Development Services Deputy Director, Kevin Ashley, presented an overview of the proposed changes from the developer. These changes The developer, John Carmichael, spoke int favor of the requests. He stated that he and the adjacent property owners had met several times and have came to a proposed A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member A motion was made by Mayor-Pro-Tem Crawford and seconded by Council Member King to adopt the following Statement of Consistency- the vote: Aye - Langford, King,  process of developing a set of conditions relative to noise mitigation.  (General Commercial) portion of the site.  have been agreed upon by the adjacent property owners.  solution for their noise concerns.  King to close the public hearing--the vote: all aye.  Stocks, Crawford, Parsley-Hubbard, and Sweat; Nay McKenzie.  The subject property is located on the north side of Davidson Highway (also referred to as Highway 73), juste east oft the I-85 interchange, is +/- 54.8519acres, The subject property was voluntarily annexed on December 31, 1995 and on April 17, 2007 the property was rezoned to MX-CC2. The rezoning included a site plan, technical standards, and architectural rendernngslusrations for the The proposed I-1-CD (Light Industrial Conditional District) and C-2 (General Commercial) zoning classifications are considered corresponding to the 2030 Land Use Plan's Industra/Employment land use category. The proposal meets the intent of the IndustiaVEmployment (IE) Future Land Use category by  and is currently vacant.  proposed development.    390  developing an industrial use suited for additional industrial development due to the presence ofi infrastructure and access to transportation routes, such asi major highways and railroads. Furthermore, Industrial Uses such as the International Business Park and other industrial uses have already developed in close The zoning amendment is reasonable and in the public interest as the petition proposes an Industrial Use in close proximity to I-85 where most tractor trailer traffic will be routed to andf from, minimizing the impact oni traffic along Highway 73, and allows the property to develop as an Industrial Use which is consistent Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to adopt an ordinance amendingt the officialz zoning mapi from MX-CC2 (Mixed-Use Commercial Center Large) to I-1-CD (Light Industrial Conditional District) and C-2 (General Commercial) with the conditions as listed within the ordinance--the vote: Aye - Langford, King, Stocks, Crawford, Parsley-Hubbard, and Sweat; Nay  proximity.  with the area.  McKenzie.  ORD. #22-115  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERTY LOCATED AT4208AND4515 DAVIDSON HIGHWAY, CONCORD, NC WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred byt the 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 from timet tot time as necessary amend, supplement, change, modify or repeal certain of WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred byl 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 allowt the! Planning and Zoning Commission to! be final approval authority for: zoning changes ofl land, provided thata atl least three-fourths oft thei members present vote in the affirmative, and no appeal of the decision is taken; and WHEREAS, Section 3.2.4.B.5c oft the Concord Development Ordinance specifies that any person aggrieved byt 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 oft the Planning and Zoning Commission decision by giving written notice tot the WHEREAS, Section 3.2.4.B.2 oft the Concord Development Ordinance: specifies that ai final approval decision shall not be in effect until the fifteen-day appeal period NOW, THEREFORE BEI IT ORDAINED! byt the! Planning and Zoning Commission SECTION 1. That thel P&Z Commission held a duly advertised public hearing on April 19th, 2022. 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.  Jurisdiction on July 28, 1977; and  its zoning regulations and restrictions and zone boundaries; and  Administrator; and expires;  of the City of Concord, North Carolina:    391  The subject property is located on the north side of Davidson Highway (also referred to as Highway 73), just east of the I-85 interchange, is +/-5 54.8519 The subject property was voluntarily annexed on December 31, 1995 and on April 17, 2007 the property was rezoned to MX-CC2. The rezoning included as site plan, technical standards, and architectural renderingsnlustrations for The proposed I-1-CD (Light Industrial Conditional District) and C-2 (General Commercial) zoning classifications are considered corresponding to the 2030 Land Use Plan's Industra/Employment land use category. The proposal meets the intent of the Industra/Employment (IE) Future Land Use category by developing an industrial use suited for additional industrial development due to the presence of infrastructure and access to transportation routes, such as major highways and railroads. Furthermore, Industrial Uses such as the International Business Park and other industrial uses have already The zoning amendment is reasonable and in the public interest as the petition proposes an Industrial Use in close proximity to 1-85 where most tractor trailer traffic will be routed to and from, minimizing the impact on traffic along Highway 73, and allows the property to develop as an Industrial Use which is consistent The P&Z Commission then voted to DENY the map amendment and said vote was not by the required super-majority. Based upon Section 3.2.5 of the CDO and Session Law 1993, Chapter 247, House Bill 575, a denial is forwarded to City Council SECTION 2. That the City Council held a duly advertised public hearing on October 13, 2022. At the close of the public hearing, the City Council adopted the following' Statement of Zoning Consistency" as required by NC Gen. Stat 160A-382(b). The subject property is located on the north side of Davidson Highway (also referred to as Highway 73), just east of the 1I-85 interchange, is +/- 54.8519 The subject property was voluntarily annexed on December 31, 1995 and on April 17, 2007 the property was rezoned to MX-CC2. The rezoning included as site plan, technical standards, and architectural renderingsilustrations for The proposed I-1-CD (Light Industrial Conditional District) and C-2 (General Commercial) zoning classifications are considered corresponding to the 2030 Land Use Plan's IndustralEmployment land use category. The proposal meets the intent of the Industna/Employment (IE) Future Land Use category by developing an industrial use suited for additional industrial development due to the presence of infrastructure and access to transportation routes, such as major highways and railroads. Furthermore, Industrial Uses such as the International Business Park and other industrial uses have already The zoning amendment is reasonable and in the public interest as the petition proposes an Industrial Use in close proximity to I-85 where most tractor trailer traffic will be routed to andi from, minimizing the impact on traffic along Highway 73, and allows the property to develop as an Industrial Use which is consistent The City Council then voted to APPROVE the map amendment, subject toi the following conditions which have been offered by the petitioner and/or mutually agreed upon  acres, and is currently vacant.  the proposed development.  developed in close proximity.  with the area.  for hearing at their next available meeting date.  acres, and is currently vacant.  the proposed development.  developed in close proximity.  with the area.  during the course of the hearing.    392  The petitioner has consentedi to the following conditions (which apply only tot the 1. Substantial compliance with the "Hwy 73 Industrial" Rezoning Plans, sheets RZ-1 and RZ-2r revised 10/11/22, "North Elevation - Building A, and South Elevation Building A and East & West Elevation, Building A" datedM March21,2022, also' "South Elevation Building B, North Elevation Building B, and East & West Elevation Building B", dated March 11, 2. All uses permitted in the I-1 Zoning District as outlined in the City of Concord CDO shall be permitted excluding those listed below:  I-1-CD Parcel and not the C-2 Parcel):  2022.  a. Agricultural Uses b. Resource Extraction Uses C. Educational Uses d. Government Facilities e. Passenger Terminals f. Indoor Recreation Uses g. Outdoor Recreation Uses h.F Retail Sales and Services .Vehicle Sales and Service j.C Commercial Parking as al Principle Use k.H Heavy Industrial Uses Self-Service Storage  3.A A50 buffer will be placed along the east property boundary, which adjoins the Cambridge Commons neighborhood, with any existing vegetation 8 inches in diameter or greater shall be preserved to the greatest extent possible. Prior to any! land disturbing activities ont the site, the developer will meet with the City Arborist or authorized designee to tag all trees 8" or greater and to establish limits of disturbance along the 4. Amaximum oft two principle buildings may be developed ont thes site, with ar maximum Gross Floor Area of 419,000 square feet. 5. The maximum height of any building constructed oni the site shall be 50 feet as measured undert the Concord Development Ordinance (C.D.O.). For each foot of height over 35 feet, two (2) additional feet of setback shall be provided when abutting residentially zoned property in 6. All rooftop and above-ground mechanicals shall! be screened from view tot the greatest extent possible, considering the existing grade relative to the existing grades surrounding the property. This may be achieved through parapets on buildings, other structural screening, andlor 7. A4'tall black powder-coated aluminum decorative fence with evergreen shrubs planted 5' O.C. on the street-side of the fence will be installed between the street yard and parking lot yard. 8. Compliance with all minimum requirements relative to landscaping, stormwater, transportation, and Fire protection; and 9. Technical site review and approval plan shall be required. 10.The subject plan is not designed to preliminary plat ort technical site plan standards and therefore, any intended or perceived deviation from technical standards resulting from the somewhat conceptual nature of  eastern property line.  accordance with Article 7.11.9. of the C.D.O.  landscaping.    393  the plan shall not constitute approval to deviate from, or negate, technical standards within the Concord Development Ordinance, Technical Standards Manual, or any other regulatory document. 11. Developer shall install a 121 foott tall, double sided, wooden screen fence along that eastern portion oft the eastern edge of the access drive from Highway 73t to Building Envelope Bt that is more particularly depicted on the Rezoning Plan. This wooden screen shall be installed prior to the issuance of the first certificate of occupancy for a building located in 12. Developer shall install Green Giant Arborvitae along that portion of the eastern edge oft the access drive from Highway 73t to Building Envelope B that is more particularly depicted on the Rezoning Plan. The Green Giant Arborvitae shall be installed on the eastern side of the wooden fence referenced abovei inl Paragraph/ A, the Green GiantArborvitae shall each be a minimum of6 61 feeti in height at the time of installation and the Green Giant Arborvitae shall be planted at the rate of 8 trees per 100 feet or as directed by the City Arborist. The Green Giant Arborvitae shallb bei installed prior tot thei issuance oft thei first certificate of occupancy Developer shall be responsible for maintaining the Green Giant Arborvitae and replacing any dead or dying Green Giant Arborvitae. Replacement Green Giant Arborvitae shalle each be ar minimum of61 feet 13. Developer shalli install a sign adjacent tot the access drive from Highway 73t to Building Envelope B1 that provides that ther maximums speed limito on 14. Developer shalli install as signa adjacent to the access drive from Highway 73t to Building Envelope Bi that provides that engine braking for trucks is 15. An existing wooden fencei is located along or near a portion of the Site's eastern boundary line (the common property line with the Cambridge Commons Community). Portions of this wooden screen fence are ina state of despair. Developer, at its cost and expense, shall repair or replace (as necessary) those segments oft this woodens screenf fencet that are in a state of disrepair. Int thee event that any segment oft this wooden screen fence that is in a state of disrepair is not located on the Site and isl located on an adjacent parcel ofl lane, the owner oft the adjacent parcel of land must consent in writing to the repair or replacement (as necessary) of such segment of this wooden screen fence by Developer. Ifa an owner of an adjacent parcel of land does not consent in writing to the repair or replacement (as necessary) of the segment of the wooden screen fence located on such owner's adjacent parcel of land, then 16. Developer, at its cost and expense, shall engage an arborist to review and inspect the existing trees located on the Site that are located along orr near the Site's common property line with the Cambridge Commons Community and Developer shall submit the report to the Concord City Arborist for his review and approval. Based upon the report of the arborist, Developer shall remove any dead or dying trees and/or limbs that are located on the Site along or near the Site's common property SECTION3: Thatt the Official Zoning! Mapi is hereby amended by rezoning from Mixed Use-Commercial CenterLarge (MX-CC2)toLight! Industrial- - Conditional District  Building Envelope B.  for ab building located in Building Envelope B. inl height at the time of installation. this access drive is 10r miles per hour. not permitted on this access drive.  Developer shall have no obligation to do SO.  line with the Cambridge Commons Community.    394  (I-1-CD) and General Commercial (C-2) the areas described as follows:  Being all of that tract or parcel of land situated, lying and being in the City of Concord, Cabarrus County, North Carolina, and being more particularly described Commencing at ane existing NGS monument Hanover" having NC Grid NAD8 83 coordinates of N:616,524.02, E:1,510,789.48, thence North 76°27'53" Westa horizonal ground distance of 1363.681 feet to an existing 1/2" iron rod, situated at the intersection of the northerly margin of Davidson Highway (NC Highway 73)(an assumed 60' public right-of-way) as shown on NCDOT plans project number 34187.2.2 (IDI number I-3808B) with the southwesterly comer of Lot2 as shown on Map Book 28, Page 68, all Deed and Map Books recorded ini the Cabarrus County Public Register of Deeds; thence along the westerly line of Lot 2 and Lot 3 as shown on the aforesaid Map Book 28, Page 68, North 6.221 feet for at total distance of 34.08 feet to a new 1/2" iron rod, situated on the northerly margin of Davidson Highway (NC Highway 73)(a variable width right- of-way) as shown on NCDOT plans project number 34187.2.2 (ID number I- 3808B) and described inl Deed Book 12988, Page 146 and 10035, Page 24 and being thel Point of Beginning; thence along the aforesaid northerly margin fort the following twelve (12) courses and distances; 1) North 67°15'05" Westa a distance of 0.451 feet to ar new 1/2" ironr rod; 2) North 42°31'13" West a distance of 86.58 feet to a new 1/2" iron rod; 3) North 17°02'37" West a distance of 158.561 feet to ar new 1/2"i iron rod; 4) South 86°13'02" West a distance of 120.00f feet to ar new 1/2" iron rod; 5) South 25'06'35" West a distance of 101.01 feet to a new 1/2" iron rod; 6) South 61°40'18" West a distance of 72.33 feet to a new 1/2" iron rod; 7) North 78°09'11" West a distance of 270.91 feet to an existing metal monument; 8) North 58°30'56" West a distance of 61.79 feet to an existing metal monument; 9) North 76°42'04" West a distance of 297.97 feet to an existing metalr monument; 10) South 88°02'05" West a distance of 144.071 feett to an existing metal monument; 11) North 76'09'10" West a distance of 154.47 feet to ar new 1/2" iron rod; 12) North 78°11'43" West a distance of 210.66 to a new 1/2" iron rod; thence leaving aforesaid northerly margin and running with a new line through the lands of AAC/Shoffner Development LP as described in Deed Book 8072, Page 601 North 24°31'18" East a distance of 559.17 feet to a point in the centerline of a creek; thence with the centerline of a creek for the following four (4) courses and distances: 1) South 84*1921West: a distance of 9.981 feet to aj point; 2) South 71°16'53" West a distance of 8.451 feet to a point; 3) South 83°54/41"West: a distance of 33.971 feet to aj point; 4) North 66°12'10" West a distance of 12.20 feet to a point; thence leaving said creek and running with a line through the aforesaid lands of AAC/Shoffner Development LPI North 87°52'12" West a distance of95.27 feet to an existing " iron pipe being the northeast comer oft the lands of AAC/Shoffner Development LP as described in Deed Book 8072, Page 65; thence with the northerly line of the lands of aforesaid AAC/Shoffner Development LP North 83027'17" West a distance of 253.141 feet to an existing !" iron pipe being the northeast comer of the land of Shree Kamnath Corporation as described in Deed Book 11316, Page 281; thence with the northerly line oft the lands of Shreel Kamnath Corporation for the following three (3) courses and distances: 1) North 83-4515"West: a distance of 101.62 feet to an existing 1"iron pipe; 2) North 71003'05" West a distance of 233.62 feet to an existing 1/2" iron rod; 3) North 84*04'17" West a distance of 33.75 feet to an existing 1/2" iron rod being the northeast comer of the land of Propst Bros. Dist., Inc as described inl Deed Book 11426, Page 336; thence with the northerly line oft thel lands of Propst Bros. Dist., Inc. North 84'04117" Westa distance of 63.53 feet to an existing 1" iron pipe, situated on the southerly margin of the aforesaid US Interstate 85 (an assumed variable width public  as follows: I-1-CD Portion:  03°38'39" East passing an existing 1/2" iron rod at    395  right-of-way); thence along the aforesaid southerly margin for the following eleven (11) courses sand distances; 1) North 55°26138" East a distance of 75.21 feet to an existing metal monument; 2) North 50°41129" East a distance of238.781 feet to an existing 3"x3" concrete monument; 3) North 66°39132" East a distance of 42.81 feet to an existing 3"x3" concrete monument; 4) North 67°46117" East passing an existing 1/2" iron rod at 36.75 feet for a total distance of 293.14 feet to a new 1/2" iron rod; 5) with a curve along the arc ofa curve to the right said curve having an arc length of 1755.12 feet a radius of 5583.11 feet (chord bearing of North 77°43100" East and chord distance of 1747.90 feet) to an existing metal monument; 6) South 79°13112" East a distance of 99.86f feet to an existing metal monument; 7) North 88°13115" East a distance of 48.65 feet to an existing metal monument; 8) North 75°40123" East a distance of 50.25 feet to an existing metal monument; 9) North 86°13131" East a distance of 257.40 feet to an existing 6"x6" concrete monument; 10) North 89°18143" East a distance of 141.54 feet to an existing 6"x6" concrete monument; 11) South 88°53159" East a distance of6 f6.40 feet to an existing 5/8" iron rod, situated on the northerly line of the lands of Willie H. Foster as described in Deed Book 506, Page 701; thence along the northerly line oft the aforesaid lands and along the northerly and westerly lines of the lands as shown on Map Book 28, Page 68 for the following thirteen (13) courses and distances; 1): South 58°35134" West a distance of 882.821 feet to an existing 5/8" iron rod; 2) South 58°32152" West passing an existing 1/2" iron rod at 22.91 feet, continue and passing an existing 5/8" iron rod at 122.56 feet for a total distance of 497.42 feet to an existing 1/2" iron rod; 3) North 85°07'27" East a distance of 132.51 feet to an existing 1/2" iron rod; 4) with a curve along the arc of a curve to the right said curve having an arc length of 47.13 feet a radius of 130.001 feet (chord bearing of North 57°08125" East and chord distance of46.88 feet) to an existing 1/2" iron rod; 5) with a compound curve along the arc of a curve to the right said curve having an arc length of 94.84 feet a radius of 192.77 feet (chord bearing of North 81°39110" East and chord distance of 93.881 feet) to an existing 1/2" iron rod; 6) South 85°50127" East a distance of 5.881 feeti to an existing 1/2" iron rod; 7) with a curve along the arc ofa curve to the right said curve having an arc length of 48.13 feet a radius of 57.18 feet (chord bearing of South 59047114" East and chord distance of 46.72 feet) to an existing 1/2" iron rod; 8) North 85°09117" East a distance of 99.92 feet to an existing 1/2" iron rod; 9) South 03'25124" West a distance of 189. .07 feet to a new 1/2" iron rod; 10) South 87°53114" East a distance of 19.43 feet to an existing 1/2" iron rod; 11) South 03°40100" West passing an existing 1/2" iron rod at 317.57 feet for a total distance of 349.98 feet to an existing 1/2" iron rod; 12) North 86"21111"West: a distance of 19.98 feet to an existing 1/2" iron rod; 13) South 03°38139" West a distance of 435.26 feet to the Point of Beginning; containing 2,171,511 square feet or 49.8510 acres of land, more or less, as shown on a survey prepared by R. B. Pharr & Associates, P.A. dated February Commencing at an existing NGS monument "Hanover" having NC Grid NAD83 coordinates of N: 616,524.02, E:1,510,789.48, thence North 76°41'43" West a horizonal ground distance of 3305.171 feet to a new 1/2" iron rod, situated on the northerly margin of Davidson Highway (NCI Highway 73)(a variable width right-of- way) as shown on NCDOT plans project number 34187.2.2 (ID number I-3808B) and described in Deed Book 12988, Page 146 and 10035, Page 24, all Deed and Map Books recorded in the Cabarrus County Public Register of Deeds, said point being the southeast comer of the land of Shree Kamnath Corporation as described in Deed Book 11316, Page 281; thence with the easterly line of the lands of Shree Kamnath Corporation North 31-4741"East: a distance of 523.26 feet.to an existing 1" iron pipe, situated on the southerly line of the land of Shoffner Development, LLC as described in Deed Book 8072, Page 56; thence  25, 2021 (Project No. 92583).  C-2Portion:    396  along the southerly line of the aforesaid lands for the following six (6) courses and distances: 1) South 83027'17" East a distance of 253.14 feet to an existing 1" iron pipe; 2) South 87°52'12" East a distance 0f95.27 feet to a point in the centerline ofa a creek; 3) South 66°12'10" East a distance of 12.201 feet to a point ini the centerline of a creek; 4) North 83°54'41" East a distance of 33.97 feet to a point int the centerline of a creek; 5) North 71°16'53" East a distance of 8.451 feet to a point ini the centerline of a creek; 6) North 84°19'21" East a distance of9.98 feet to aj pointi int the centerline of a creek; thence turning and leaving said creek and running with a new line through thel lands of Shoffner Development, LLC as described in Deed Book 8072, Page 60 South 24°31'18" West a distance of 559.17 feet to a new 1/2" iron rod, situated on the northerly margin of the aforesaid Davidson Highway; thence along the aforesaid northerly margin of Davidson Highway for the following four (4) courses and distances: 1) North 78°11'43" West a distance of 202.49 feet to an existing metal monument; 2) North 74°19'58" West a distance of 101.31 feet to an existing metal monument; 3) North 80°45'39" West a distance of 101.27 feet to an existing metal monument; 4) North 81°07'30" West a distance of 58.16 feet to the Point of Beginning; Containing 217,838 square feet or 5.0009 acres of land, more or less, as shown on a survey prepared by R. B. Pharr & Associates, P.A. dated  February 25, 2021 (Project No. 92583).  IFAPPROVED  SECTION4. That the establishment of this district and subsequent issuance of SECTION5. 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  Zoning Clearance Permits are hereby authorized.  Ordinance.  SECTION6. That the effective date hereof is the 13th day of October 2022  Adopted this 13h day of October 2022  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /sl VaLerie Kolczynski, City Attorney  B. Continue a public hearing for case TA-09-22 and consider adopting an ordinance amending the Concord DevelopmentOrinanee, Section 8.3.5.Q.5, and Article 14, regardingsupplementaryregulations and the definition of Food Trucks. This item was withdrawn from consideration by Council att the recommendation of staff. 1. Cabarrus Economic Development Corporation (EDC) Executive Director, Page Castrodale, presented the EDC Strategic Plan to the Mayor and Council at  Informational Items:  the October 11, 2022 Work Session.    397  Recognition of persons requesting to be heard:  Roland Jordan spoke about issues in and around the City of Concord.  Public Hearings:  1. Conduct a public hearing and consider approving a resolution providing approval ofa multifamily housing facility to be known as Coleman Mill Lofts and the financing thereof with multifamily housing revenue bonds in an aggregate A public hearing is required per Section 147() of the Internal Revenue Code of 1986, (the "Code"), on the proposed plan to issue multifamily housing revenue bonds, in one orr more series, in an aggregate principalamount of up to $19,130,000 (the' "Bonds"), for the purpose ofi financing the acquisition of the historic Coleman Mill and the renovating and equipping therein by STC Coleman Mill, LLC, a North Carolina limited liability company, or an affiliated or related entity (the "Borrower"), of a qualified residential rental project (as defined in Section 142(d) oft the Code) to be known as Coleman Mill The Development will consist of 150 units in two residential buildings located at 625 Main Street SWi ini the City of Concord, North Carolina. The Development willl be owned or operated by the Borrower. Thel housing bonds, whenand ifi issued by the City, willl be issued pursuant to Article 1 of Chapter 157 and Section 160D-1311(b) of the General Statutes of North Carolina and shall not be a debt of the State of North Carolina (the "State"), the City or any political subdivision thereof and none of the State, the City,or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds be payable out of any funds or properties other than those of the City derived A motion was made by Council Member 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 Crawford and seconded by Council Ar motion was made by Council Member Parsley-Hubbard and seconded byl Mayor Pro- Tem Crawford to adopt the following resolution providing approval of a multifamily housing facility to be known as Coleman Mill Lofts and the financing thereof with multifamily housing revenue bonds in an aggregate principal amount not to exceed RESOLUTION PROVIDING APPROVAL OF A MULTIFAMILY HOUSING FACILITY TO BE KNOWN AS COLEMAN MILL LOFTS IN THE CITY OF CONCORD, NORTH CAROLINA AND THE FINANCING THEREOF WITH MULTIFAMILY HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED WHEREAS, the City Council (the "City Council") of the City of Concord, North Carolina (the "City") met in Concord, North Carolina at 6:00pm on the 13th day of October, 2022; WHEREAS, pursuant to Section 160D-1311(b) of the General Statutes of North Carolina, the City is granted the power to exercise directly the powers of a housing authority organized pursuant toi the North Carolina Housing Authorities Law, Article 1of Chapter 157 of the General Statutes of North Carolina, as amended (the "Act"); and WHEREAS, the City has tentatively agreed to issue its tax-exempt multifamily housing revenue bondsi in an amount not to exceed $19,130,000 (the' "Bonds")fort the purpose of financing the acquisition of the historic Coleman Mill and the renovating and equipping  principal amount not to exceed $19,130,000.  Lofts (the Development").  solely from payments made by the Borrower. Sweat to open the public hearing-the vote: all aye.  Member Sweat to close the public hearing--the vote: all aye.  $19,130,000--the vote: all aye.  $19,130,000  and    398  therein by STC Coleman Mill, LLC, a North Carolina limited liability company, or an affiliated or related entity (the Borrower"), of a qualified residential rental project (as defined in Section 142(d) of the Internal Revenue Code of 1986, as amended (the "Code")) to be known as Coleman Mill Lofts (the Development); and WHEREAS, the Development will consist of 150 units in two residential buildings and related facilities located at 625 Main Street SWi in the City of Concord, North Carolina; WHEREAS, Section 147(f) of the Code requires that any bonds issued by the City for the Development may only be issued after approval of the plan of financing byt the City Council of the City following a public hearing with respect to such plan; and WHEREAS, ont this dayt the Cityl held ap public hearing withr respect tot thei issuance oft the Bonds to finance, in part, the Development (as evidenced by the Certificate and WHEREAS, the City has determined that approval oft thei issuance oft the Bonds is solely tos satisfy the requirement of Section 147(f) oft the Code and shall in no event constitute an endorsement of the Bonds or the Development or the creditworthiness of the Borrower, nor shall such approval in any event be construed to obligate the City for the payment of the principal of or premium or interest on the Bonds, or to constitute the Bonds ani indebtedness oft the City, within the meaning of any constitutional or statutory NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD, NORTH construction, rehabilitation and equipping oft the Development described abovei int the City by the Borrower and the issuance of the City's multifamily housing revenue bonds therefor in an amount not to exceed $19,130,000 are hereby approved for purposes of  and  Summary of Public Hearing attached hereto); and  provision whatsoever;  CAROLINA DOES HEREBY RESOLVE, AS FOLLOWS:  1.  The proposed housing development consisting of the acquisition,  Section 147(f) of the Code.  2.  This resolution shall take effect immediately.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  2. Conductap public hearing to consider a resolution on the matter of closing the right-of-way ofa 50-footr righto of way of Davidson Dr. NW contained within the property of 48-50 Beechwood Ave NW. The proposal includes the abandonment of the approximately 50 foot right-of-way of Davidson Dr. NW. Concord California Associates, LLC is the applicant and the owner of the property. Davidson Dr. NW terminates into the property, and the right of wayi is not used for public ingresslegress and is not maintained by the City. An easement will need to be retained for electric infrastructure on the site, but the City would abandon maintenance of the stormwater A motion was made by Council Member Sweat 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 Crawford and seconded by Council Member Parsley-Hubbard to close the public hearing- the vote: all aye.  pipe on the site.  McKenzie to open the public hearing- the vote: all aye.    399  Amotiony was made by Councill Member Parsley-Hubbard: and seconded by Mayor Pro- Tem Crawford to adopti thei following resolution to abandon the right of way ofa 50' right of way of Davidson Dr. NW contained" within the property of 48-50 Beechwood Ave NW, retaining an easement for electrical utilities, and abandoning maintenance of stormwater AI RESOLUTION ORDERING THE CLOSING OF A PORTION OF DAVIDSON DR WHEREAS, on the gth day of September, 2022, the City Council for the City of Concord directed the City Clerk to publish the Resolution of Intent of the City Council to consider the closing a portion of an alley parallel to Hawthorne Sts SWin the Independent Tribune newspaper once each week for four successive weeks, such resolution advising the public that a meeting would be conducted in the City Hall at 35 Cabarrus Avenue, West, Concord, N.C., on October 13, 2022. WHEREAS, the City Council on the 8th day of September, 2022, ordered the City Clerk to notify all persons owning property abutting on that portion of the right-of- way, as shown on the county tax records, by registered or certified mail, enclosing WHEREAS, the City Clerk has advised the City Council that she sent a letter to each of the abutting property owners advising them of the day, time and place of the meeting, enclosing a copy of the Resolution of Intent, and advising the abutting property owners that the question as to closing that portion of the alley would be acted upon, said letters having been sent by registered or certified mail; and WHEREAS, the City Clerk has advised the City Council that adequate notices were posted on the applicable street(s) as required by G.S. 160A-299; and WHEREAS, after full and complete consideration of the matter and after having granted full and complete opportunity for all interested persons to appear and register any objections that they might have with respect to the closing of said street in the public hearing held on the 13th day of October, 2022; and WHEREAS, it now appears to be to the satisfaction of the City Council that the closing of said portion of street is not contrary to the public interest and that no individual owning property, either abutting the street ori in the vicinity of the street, will as ar result of the closing be thereby deprived of ar reasonable means of ingress NOW, THEREFORE, the area described below is hereby ordered closed, and all right, title, and interest that may be vested in the public to said area for street purposes is hereby released and quitclaimed to the abutting property owner in Lying and beingi int the City of Concord, Cabarrus County, North Carolina andl being Beginning at a calculated point, said point being located on the northern right-of- way of Beechwood Avenue NW (50' Public RW), thence through the property of Concord California Associates, LLC (Deed Bk. 5722, Pg. 295)t thet following five (5) calls (1) N36°12'09" W51.581 feet to a calculated point; (2) with a curve to the right, having garadius of615.001 feet, an arc of 110.56 feet and a chord bearing ofN 31°03'09" W 110.41 feet to a calculated point; (3) N 68°10'51" E 50.14 feet to a calculated point; (4) with a curve toi the left, having a radius of 565. .00 feet, an arc of 98.17 feet and a chord bearing and distance of S 31°14'37" E 98.04 feet to a calculated point; (5)S36-1203"E6 64.231 feet to a calculated point, said point being located on the northern right-of-way of Beechwood Avenue NW (50' Public RW); thence with the northern right-of-way of Beechwood Avenue NW (50' Public RW),  infrastructure- -the vote: all aye.  NW  with such notification a copy of the Resolution of Intent; and  and egress to his property;  accordance with the provisions of N.C.G.S. $160A-299;  more particularly described as follows:    400  S 68°10'51" W 51.62 feet to the POINT AND PLACE OF BEGINNING and Thel Mayor and the City Clerk are hereby authorized to execute quitclaim deeds or other necessary documents in order to evidence vesting of all right, title and interest in those persons owning lots or parcels of land adjacent to the street or alley, such title, for the width of the abutting land owned by them, to extend to the centerline of the herein closed street (with provision for reservation of easements to the City of Concord for utility purposes and/or abandonment of easements or infrastructure as applicable)ina accordance with the provision ofG.S. 160A-299(C). The City Clerk is hereby ordered and directed to file ini the Office oft the Register of Deeds of Cabarrus County a certified copy of this resolution and order.  containing 0.186. AC.  This the 13th day of October, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  3.  Conduct a public hearing for case Z-13-22 and consider adopting an ordinance amending the official zoning map for +/-12.46 located at 4758 Poplar The Planning and Zoning Commission heard the above referenced petition at their September 20, 2022 meeting and voted (5-to-2) that the zoning map NOT be amended from I-1 (Light Industrial) to I-2 (General Industrial). Because the Commission rendered a decision of denial, final approval authority rests with City Council in accordance with The applicant, Keysteel Corp, requested to rezone the subject property from I-1 (Light Industrial) to I-2 (General Industrial) for a manufacturing facility. The planned facility requires outdoor material storage which is allowed inl I-2 (General Industrial) but noti inl- 1(Light Industrial). The outdoor storage would be screened from view in accordance with the Development Ordinance. The project received a one year 85% tax based Economic Development Incentive Grant and sewer allocation at the August 11, 2022 A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member The Planning and Neighborhood Development Services Deputy Director presented information on the request. He also presented the located of the site and what uses  Tent Rd from I-1 (Light Industrial) to I-2 (General Industrial).  Section 3.2.5 of the CDO.  City Council meeting.  Sweat to open the public hearing--the vote: all aye. would currently be permitted on site by right.  Proponents:  The owner of Keysteel spoke in favor of the request. He explained the operation. He stated the operation is very clean and safe. He also explained why outside storage is Chad Ackerman, developer for the project, spoke int favor of the request. He presented  needed for the business. ac conceptual design of the site.  Opponents:    401  Numerous residents of Hunton Forrest Subdivision spoke in opposition toi the request. Most were concerned of the types of businesses that would be permitted should the With there being nof further speakers, a motion was made by Council Member McKenzie and seconded by Council Member King to close the public hearing- --the vote: all aye. The Council had additional questions for staff and the applicant. Therefore, a motion was made by Mayor Pro-Tem Crawford and seconded by Council Member King to Mayor Pro-Tem Crawford asked if Keysteel would consider constructing a storage building on site. The Planning and Neighborhood Development Services Director, Steve Osborne, stated in order for Keysteel to construct a storage building on site, they would have to reapply to the Planning and Zoning Commission for a Conditional Use Ar motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Amotion was made by Council Member McKenzie and seconded by Council Member Langford to adopt the following Statement of Consistency- -the vote: Aye - Langford, Stocks, McKenzie, Crawford, Parsley-Hubbard, and Sweat; Nay King.  property ber rezoned and the business would then close.  reopen the public hearing- the vote: all aye.  Rezoning.  Crawford to close the public hearing--the vote: all aye.  The subject property is approximately +/- 12.46 acres and is zoned City of The subject property was annexed into the City on December 31, 1995 and The proposed zoning is consistent with the 2030 Land Use Plan (LUP) as I-2 (General Industrial) is a corresponding zoning classification to the Industrial Employment Land Use Category. The subject property is located adjacent to established industrial uses and zoning. The proposed I-2 (General Industrial) zoning will allow for additional industrial uses on the property. This zoning would The: zoning amendment is reasonable andi int the public interest as itis consistent with the existing zoning surrounding the subject property and the adjacent industrial uses. The proposed zoning will allow for expanded industrial Ar motion was made by Council Member McKenzie and seconded by Council Member Parsley-Hubbard to adopt thet following ordinance amending the officialz zoning mapi from I-1 (Light Industrial) to I-2 (General Industrial)(--the vote: Aye - Langford, Stocks,  Concord I-1 (Light Industrial).  rezoned to I-1 (Light Industrial) at that time.  be compatible with the adjacent industrial zoning.  development.  McKenzie, Crawford, Parsley-Hubbard, and Sweat; Nay King.  ORD. #22-126  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERTY GENERALLYI LOCATED AT 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 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  5758 POPLAR TENT RD, CONCORD, NC  Jurisdiction on July 28, 1977; and    402  from 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 Bill 575 and Section 3.2.4.B.2 of the Concord Development Ordinance does hereby allow the Planning and Zoning Commission to bet final approval authority forz zoning changes of land, provided that at least three-fourths oft the members present vote in the affirmative, and no appeal of the decision is taken; and WHEREAS, Section 3.2.4.B.50 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 oft the Planning and Zoning Commission decision by giving written notice tot the WHEREAS, Section 3.2.4.B.2oft the Concord Development Ordinance specifies that a final approval decision shall not be in effect until the fifteen-day appeal period NOW, THEREFORE BE IT ORDAINED by the Planning and Zoning Commission SECTION 1. That thel P&Z Commission held a duly advertised public hearing on September 20, 2022. Ati the close of the public hearing, the P&Z Commission adopted the following' Statement of Zoning Consistency" as required byl NC Gen Stat 160D-605. The subject property is approximately +/- 12.46 acres and is zoned City of The subject property was annexed into the City on December 31, 1995 and The proposed zoning is consistent with the 2030 Land Use Plan (LUP) as I-2 (General Industrial) is a corresponding zoning classification to the Industrial Employment Land Use Category. The subject property is located adjacent to established industrial uses and zoning. The proposed I-2 (General Industrial) zoning will allow for additional industrial uses on the property. This zoning would The zoning amendment is reasonable, but not in the public interest. While itis consistent with the existing zoning surrounding the subject property and the adjacent industrial uses, the amendment as presentedi is noti int the publicinterest due to a lack of certainty regarding the proposed and/or future industrial uses The P&Z Commission then voted to DENY the map amendment and said vote was not by the required super-majority. Based upon Section 3.2.5 of the CDO and Session Law 1993, Chapter 247, House Bill 575, a denial is forwarded to City Council SECTION 2. That the City Council held a duly advertised public hearing on October 13, 2022. At the close of the public hearing, the City Council adopted the following' "Statement of Zoning Consistency" as required by NC Gen. Stat 160A-382(b). The subject property is approximately +/- 12.46 acres and is zoned City of The subject property was annexed into the City on December 31, 1995 and  its zoning regulations and restrictions and zone boundaries; and  Administrator, and expires;  of the City of Concord, North Carolina:  Concord I-1 (Light Industrial).  rezoned to I-1 (Light Industrial) at that time.  be compatible with the adjacent industrial zoning.  and the proximity to residential development.  for hearing at their next available meeting date.  Concord I-1 (Light Industrial).  rezoned to I-1 (Light Industrial) at that time.    403  The proposed zoning is consistent with the 2030 Land Use Plan (LUP) as I-2 (General Industrial) is a corresponding zoning classification to the Industrial Employment Land Use Category. The subject property is located adjacent to established industrial uses and zoning. The proposed I-2 (General Industrial) zoning will allow for additional industrial uses ont the property. This zoningwould The: zoning amendment is reasonable andi in the public interest asi iti is consistent with the existing zoning surrounding the subject property and the adjacent industrial uses. The proposed zoning will allow for expanded industrial The City Council then voted to APPROVE the map amendment. Light Industrial (I-1) to Heavy Industrial (I-2) the areas described as follows: Lying and being in Number TWO (2) Township, Cabarrus County, N.C., being on the north side of the Poplar Tent Road, adjoining the lands of Essie Blackwelder and the W.F. & Mattie V. Cannon Estate, being Tract 4 of the W.F. & Mattie V. Cannon Estate, as shown on a map made byl Long & Hawfield, Civil Engineers, and bounded as foliows: BEGINNING at an irons stake, corner of W.C. Fulham land (said stake being S. 69-36W. 5601 feet from an old corner of Essie Blackwelder's land) and runs with Fulham's line S. 2W. 36451 feet to an iron stake in the center of Poplar Tent Road; thence with the center of said road N. 84-05 W.3 300 feet to an iron stake; thence ar new line N. 6-25 W. 2948.6 feet to an iron stake, a new corner ini the old line of Essie Blackwelder; thence with the line of Essie Blackwelder N. 69-36 E. 828.7 feet to the BEGINNING, containing 40.75 LESS AND EXCEPTING the 28.25 acre tract of land conveyed by deed dated April, 1984 and recorded. April 6, 1984 in Book 572, Page 270, Cabarrus Public Registry from Herbert A. Adams and wife, Lora V. Adams t Nolim Group, S.A., d/bla Nolim Group,  be compatible with the adjacent industrial zoning.  development.  SECTION3: That the Official Zoning Map is hereby amended by rezoning from  acres, more or less.  S.A. Inc.  SECTION4. That the establishment of this district and subsequent issuance of SECTION5. 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  Zoning Clearance Permits are hereby authorized.  Ordinance.  SECTION6. That the effective date hereof is the 13th day of October 2022  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  4.  Conduct a public hearing for case Z-19-22 and consider adopting an ordinance amending the official zoning map for +/-1 19.889 acres located at 4275 Papa Joe Hendrick Blvd. from City of Concord General Commercial (C-2) and    404  Public Interest District(PID) to City of Concord Lightindustrial (I-1)and to amend the 2030 Land Use Plan to change the designation of the property from Commercial to Industrial Employment." The property was annexed by City Council The Planning and Zoning Commission heard the petition at their September 20th meeting and unanimously voted to forward the request to City Council with a recommendation that the zoning map be amended from City of Concord C-2 (General Commercial) and PID (Public Interest District) to I-1 (Light Industrial) and concurrently to amend the 2030 Land Use Plan to change the designation of the parcel from The subject parcel requires a land use plan amendment and is therefore subject to Council review of both the zoning andt the land use plan amendment. Approval of all of the zoning petitions will eliminate confusion with the land use and zoning designations and will more closely align the zoning pattern with the uses conducted ont the respective A motion was made by Council Member Sweat 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 Crawford and seconded by Council Member Parsley-Hubbard to close the public hearing- the vote: all aye. Amotion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to adopt the following Statement of Consistency--the vote: all aye. The subject property is approximately +/- 19.889 acres and is currently zoned The subject property was annexed on July 13, 1990, amended September 13, 1990, and June 27, 1996, and is currently occupied by automotive sales, The proposed zoning amendment is not consistent with the City of Concord's 2030 Land Use Plan's designation of "Commercial" for 4275 Papa Joe Hendrick Blvd. (PIN4 4599-10-9019), but would be consistent with anl IndustnalEmployment The zoning amendment is reasonable and in the public interest as it is comparable to existing and proposed surrounding land uses and removes confusion associated with parcels with multiple zoning districts. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following ordinance amending the official zoning map from City of Concord C-2 (General Commercial) and PID (Public Interest District) to 1-1 (Light Industrial) and to amend the 2030 Land Use Plan to change the designation of the  on June 13, 1990 and amended on September 13, 1990.  Commercial to Industrial Employment.  properties.  Langford to open the public hearing- the vote: all aye.  General Commercial (C-2) and Public Interest District (PID).  research, and related uses.  designation.  parcel from Commercial to Industrial Employment--the vote: all aye.  ORD. #22-127  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 the 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  4275 PAPA JOE HENDRICK BLVD, CONCORD, NC  Jurisdiction on July 28, 1977; and    405  from 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 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 affirmative, and no appeal of the decision is taken; and WHEREAS, Section 3.2.4.B.5 of the Concord Development Ordinance specifies that any person aggrieved byt the decision oft thel Planning and Zoning Commissions 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 to the WHEREAS, Section 3.2.4.B.2oft the Concord Development Ordinance specifies that a final approval decision shall not be in effect until the fifteen-day appeal period NOW,THEREFORE BEI IT ORDAINED by the Planning and Zoning Commission SECTION1. That the P&Z Commission held a duly advertised public hearing on September 20, 2022. At the close of the public hearing, the P&Z Commission adopted the following Statement ofZoning Consistency" as required by NC Gen Stat 160D-605. The subject property is approximately +l- 41.158 acres and is currently zoned General Commercial (C-2), Light Industrial (I-1), and Public Interest District The subject property was annexed on July 13, 1990, amended September 13, 1990, and June 27, 1996, and is currently occupied by automotive sales, The proposed zoning amendment is consistent with the City of Concord's 2030 Land Use Plan, except for the request for 4275 Papa Joe Hendrick Blvd. (PIN 4599-10-9019), which would be consistent with Industria/Employment, The zoning amendment is reasonable and in the public interest as itis comparable to existing and proposed surrounding land uses and removes confusion associated with parcels with multiple zoning districts. The P&Z Commission then voted unanimously to recommend approval of the map amendment for PIN 4599-10-9019 from C-2 (General Commercial) and PID (Public Interest District) to I-1 (Light Industrial), and designate the property I-E (Industrial Employment) in the 2030 Land Use Plan. Since the rezoning would result 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 October 13, 2022. 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 +/- 19.889 acres and is currently zoned  its zoning regulations and restrictions and zone boundaries; and  Administrator; and expires;  oft the City of Concord, North Carolina:  (PID).  research, and related uses.  but not the Commercial Future Land Use Designation.  recommendation from the Planning and Zoning Commission.  General Commercial (C-2) and Public Interest District (PID).    406  The subject property was annexed on July 13, 1990, amended September 13, 1990, and June 27, 1996, and is currently occupied by automotive sales, research, The proposed zoning amendment is not consistent with the City of Concord's 2030 Land Use Plan's designation of "Commercial" for 4275 Papa Joe Hendrick Blvd. (PIN 4599-10-9019), but would be consistent with an Industria/Employment The zoning amendment is reasonable and in the public interest as it is comparable to existing and proposed surrounding land uses and removes confusion  and related uses. designation.  associated with parcels with multiple zoning districts. The City Council then voted to APPROVE the map amendment.  SECTION 3: That the Official Zoning Mapi is hereby amended by rezoning from City of Concord C-2 (General Commercial) and PID (Public Interest District) to City of Concord I-1 (Light Industrial) the area described as follows and that the future land use designation of I-E (Industrial Employment) is applied in the 2030 Land Use Plan: Situated ini the State of North Carolina, City of Concord, County of Cabarrus and being all of Lot 5 as shown on "Final Subdivision Plat-Hendrick Auto Plaza" of record in Plat Book 84, Page 82 as originally conveyed to HSREI, LLC by deeds of record in Deed Book 5297, Page 204 and Deed Book 10257, Page 217 (all records refer tot the records of the Register of Deed's Office, Cabarrus County, North Carolina) being more Beginning at an iron pin set at the southwesterly corner of Lot 4 of said "Final Subdivision Plat-Hendrick Auto Plaza", being in the easterly line of that tract as conveyed to West Cabarrus Church Inc by deed of record in Deed Book 5815, Page Thence North 88° 45' 21" East, with the southerly line of said Lot 4 and the southerly line of Lot 3 and Lot 2 of said subdivision plat, a distance of 908.45 feet to a magnetic nail set with a washer stamped "ACRO" at a corner of said Lot 2, beingi in the westerly line of that tract as conveyed to Charlotte Motor Speedway, LLC by deed of record in Thence with the westerly perimeter of said Charlotte Motor Speedway tract, the South 00° 24' 40" West, a distance of 346.24 feet to an iron pin set; South 13° 56' 48" East, a distance of 112.01 feet to a %' rebar found; South 28° 16' 24" West, a distance of 430.65 feet to a %" rebar found; and South 33° 12' 35" West, a distance of 263.78 feet to a %" rebar found at a corner thereof, being a northeasterly corner of Lot 3 as shown on "Recombination Survey of Lots 1 & 2 MP 36 PG 93 and 33.81 AC Parcel South of Speedway Blvd Hendrick Motorsports Complex" of record in Plat Book 45, Page 56; Thence with the northerly perimeter of said Lot 3, the following courses and distances: North 790 05' 19" West, a distance of 284.23 feet to an iron pin set; South 50° 40' 08" West, a distance of 196.97 feet to an iron pin set; and South 25° 27' 10" West, a distance of 133.53 feet to an iron pin set at a northeasterly corner of Lot 1 as shown on said "Recombination Survey of Lots 1&2MP 36F PG93 and 33.81 AC Parcel South of Speedway Blvd Hendrick Motorsports Complex"; Thence North 52° 25'21" West, with the northerly line of said Lot 1, a distance of8 87.88 feet to an iron pin set at a southerly corner oft the remainder oft that tract as conveyedt to Thence North 010 19' 03" West, with the easterly line of said HSREI tract and the easterly line of said West Cabarrus Churcht tract, a distance of 246.68 feet to an iron pin Thence North 01° 14'4 41"West, continuing with the easterly line of said West Cabarrus Church tract, a distance of 926.80 feet to the Point of Beginning, containing 19.889 SECTION4. That the above described property shall be perpetually bound tot 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  particularly bounded and described as follows:  243;  Deed Book 5452, Page 360; following courses and distances:  HSREI, LLC by deed of record in Deed Book 11040, Page 305;  set;  acres of land, more or less.    407  Ordinance.  SECTION 5. That the effective date hereof is the 13th day of October, 2022.  Adopted the 13th day of October, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  5.  Conducta, public hearing and consider adoptinganordinance to adopt the The 2030 Land Use Plan Implementation Work Plan established the need for al Mixed- Use Corridor Plan for Weddington Road from Bruton Smith Boulevard to Rock Hill Church Road (LU-23). Staff will present an overview of the Weddington Road Corridor Plan including a review of the existing conditions, public input results, key recommendations for corridor, future implementation, and a review of what was heard during the public comment period. The draft plan was made available to the public for review through the City's Public Input page from August 30th through September 18th. Staff received 25 responses from participants and the project page received 1,363 views. The plan was presented to the Planning & Zoning Commission on September 20th where a motion was passed to recommend to City Council that the Weddington A motion was made by Mayor Pro-Tem Crawford 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 Council Member King and seconded by Council A motion was made by Council Member McKenzie and seconded by Council Member King to adopt an ordinance approving the Weddington Road Corridor Plan-the vote: :all  Weddington Road Corridor Plan.  Road Corridor Plan be adopted.  King to open the public hearing--the vote: all aye.  Member Sweat to close the public hearing- -the vote: all aye.  aye.  ORD.#22-129  AN ORDINANCE ADOPTING THE WEDDINGTON ROAD CORRIDOR PLAN WHEREAS, the City of Concord, North Carolina pursuant toi the authority conferred by thel 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 WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute $S160D-501: shall adopt and maintain: a comprehensive plan that sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction; and  OF THE CITY OF CONCORD, NORTH CAROLINA  28, 1977; and    408  WHEREAS, the City may prepare and adopt other such plans as deemed appropriate, WHEREAS, the adopted 2030Land Use Plani recommends the preparation ofa a plani for the general area of the George W. Liles Parkway, and the City has obtained property WHEREAS, the Planning and Zoning Commission has unanimously recommended NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, SECTION 1: That the City Council adopted thei following statement of reasonableness The proposal is consistent with the 2030 Land Use Plan as the preparation of ar mixed-use corridor plan for Weddington Road is cited as a task in the Implementation Work Program (Item LU-23) of the 2030 Land Use Plan. The proposal is reasonable in that the development of the Plan has included substantial outreach to property owners, stakeholders and the general public. SECTION2: That the Weddington Road Corridor Plan as indicated on Attachment. Ais SECTION 3: That this Ordinance be effective immediately upon adoption.  which may include small area plans and neighborhood plans; and owner and public input in the development of the plan; and approval of the plan on September 20, 2022.  North Carolina:  and consistency in support of adoption of the plan:  adopted.  Adopted in this October 13, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  Presentations of Petitions and Requests:  1. age.  Considerincreasing the City ofConcord Down Payment Assistance amount under the HOME program to $10,000 and amend the repayment criteria for housing renovations to reflectHUD's ordabltypcalorenon over 60 years of In August of 2022, the average purchase price for a home in Concord was over $300,000. This information, obtained from a number of reale estate data sites, shows the significant increase in housing cost within the last few years. That cost increase presents an even larger barrier to potential homebuyers with low-to-moderate (LMI) Currently, Concord offers $7,500 in HOME funds for down payment assistance to LMI first-time homebuyers. However, that amount is not keeping pace with the market. Staff is seeking approval to increase the amount of assistance offered to $10,000i ina an effort to help bridge the gapf for LMI residents. In addition, one oft the goals oft the CDBG  incomes.    409  and HOME programs is to ensure decent affordable housing without creating an undue Concord's rehab policy currently states any resident with a total household income between 50%1 to 80% of area median income will repay half of the rehab cost. Due to inflation, cost of living increases, and limited income opportunities, this repayment requirement fors senior clients has proven more difficult. To alleviate this barrier, staffi is requesting to modify repayment requirements for any resident 60 years of age or older applying for rehabilitation assistance to be given a forgivable lien only. The maximum affordability period attached to the home via the lien willl be 15 years. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to approve increasing the City of Concord Down Payment Assistance amount under the HOME program to $10,000 and amend the repayment criteria for housing renovations tor reflect HUD's affordability goal for seniors overe 60 years of age-thev vote:  burden for the resident.  all aye. 2.  Consider adopting a resolution authorizing an eminent domain action for These properties are currently owned by all heirs, known and unknown, of W.L. Albertson (DODMay 24, 1968) )and alll heirs, known and unknown, ofirene C. Albertson (DOD October, 1991). Acquisition oft this property is necessary fori the construction ofa greenway and trailhead parking. This property was platted as streets in the Anneva Terrace neighborhood but the streets were never constructed or opened. The City previously acquired the adjoining parcels. There is no tax value placed on the unopened streets; however, using the value ofnearbyp parcels, the unopened streets are A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to adopt the following resolution authorizing an eminent domain action for two parcels located at off of Melrose Drive, SW-the vote: all aye.  two parcels located off of Melrose Drive, SW.  estimated to have a value of $3,000.  RESOLUTION AUTHORIZING NEGOTIATED PURCHASE OR EMINENT DOMAIN TO. ACQUIRE PROPERTY  WHEREAS, the City Council fori the City of Concord, North Carolina, hereby determines that it is necessary and in the public interest to acquire two real property parcels TRACT ONE (Formerly identified as Buffalo Drive SW - Anneva Terrace): LYING AND BEING IN THE CITY OF CONCORD, WARD NO. 4, COUNTY OF CABARRUS COUNTY, NORTH CAROLINA AND BEING THE SAME PROPERTY LABELED. AS BUFFALO DRIVE SW, AS SHOWN ON THE PLATTITLED, "MAP OF ANNEVATERRACE RECORDED INMAPI BOOK7AT PAGE650F THE CABARRUS COUNTY REGISTRY AND BEING FURTHER DESCRIBED. AS FOLLOWS: COMMENCING AT NCGS MONUMENT 'NCRR CB M356 4, SAID MONUMENT HAVING NORTHCAROUNASTATE: PLANE GRIDCOORDINATES N: 604,478.88,E: 1,526,253.42, THENCE S 47°33'38" E A DISTANCE OF 1,455.83' TO A FOUND: #4 REBAR ON THE 40' PUBLIC RWW LINE OF MELROSE DRIVE SW; THENCE FOLLOWING SAID RWI LINE, S4 49°34'05" EA ATOTAL DISTANCE OF 147.58' (L16 +10.5.95)A AI FOUND #4 REBAR, SAID POINT BEING THE POINT AND PLACE OF BEGINNING OFE BUFFALODRIVE SW, HEREIN DESCRIBED; THENCE FOLLOWING SAID ROAD RWW THE FOLLOWING ELEVEN (11) CALLS, 1) S 49°34'05" E A DISTANCE OF 45.02' (L17) TO A FOUND #4 REBAR; THENCE 2) S 15-02'36"WA DISTANCE OF 232.56' TO A FOUND #4 REBAR(BENT); 3) S 49'28'00" E A DISTANCE OF 62.48' TOAF FOUND #4 REBAR; 4) S 51°04'18"E/ A DISTANCE OF 51.81'TOAFOUND #4 REBAR; 5) THENCE S 512053FEADISTANCE OF 100.01' TO A FOUND #4 REBAR; 6) S 50°32'03" E A DISTANCE OF 51.44' TO A FOUND  identified and defined, as follows:    410  CONCRETE MONUMENTPTHENCE S40384TWADISTANCE OF 30.13(L1)TO A FOUND #4 REBAR; 8) THENCE N 50°28'01" W A DISTANCE OF 201.65' TO A FOUND 1.25" REBAR; 9)THENCE N 50°30'26" WAI DISTANCE OF 25.00' (L14)TOA FOUND #4 REBAR; 10) THENCE N 50°30'26" W/ Al DISTANCE OF 50.00' (L13) TOA FOUND #4 REBAR; 11) THENCE S3 39*30'21"WAI DISTANCE OF 45.57' (L12)TOA FOUND #4 REBAR IN THE CENTERLINE OF CREEK; THENCE FOLLOWING THE APPARENT CENTERLINE OF CREEK THE FOLLOWING NINE (9) CALLS, 1) N 0046TOFWADISTANCE OF220ALIOTOACALCULATEDPONT2N 13°55'00" EA DISTANCE OF 41.85' (L9) TO A CALCULATED POINT; 3) N 31°04'26" E A DISTANCE OF29.08' (L8)TOACALCULATEDPOINT; 4N2'AP*EADSTANCE OF3181L7)TOACALCULATED POINT; SNTIO2TEADSTACEOF3 39.68' LB)TOACALCULATED POINT; 6) N10-244FEADISTADISTANCEOF4328 (L5)TOA CALCULATED POINT; 7) N 14°15'28" E A DISTANCE OF 38.14' (L4) TO A CALCULATED POINT; 8) N 09°41'11" E A DISTANCE OF 36.15' (L3) TO A CALCULATED POINT; 9) N 15°15'08" E A DISTANCE OF 35.75' (L2) TO A CALCULATED POINT, SAID POINTE BEING THEF POINT, ANDPLACE OF BEGINNING CONTAINING ANAREA OF 0.423 ACRES (18,445 SQUARE FEET),MORE ORLESS AS SHOWN ON MAP TITLED, "EMINENT DOMAIN PLAT FOR THE CITY OF CONCORD," DATED SEPTEMBER 5, 2022 BY TIDEMARK LAND SERVICES AND IS ATTACHED AS EXHIBIT A FOR FURTHER REFERENCE. TRACT TWO (Formerly identified as Ridge Crest SW - Anneva Terrace): LYING AND BEING IN THE CITY OF CONCORD, WARD NO. 4, COUNTY OF CABARRUS COUNTY, NORTH CAROLINA AND BEING THE SAME PROPERTY LABELED AS BUFFALO DIRVE SW, AS SHOWN ON THE PLATTITLED, "MAP OF ANNEVATERRACE RECORDED INMAPI BOOK7AT PAGE 65 OF THE CABARRUS COUNTY REGISTRY AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT NCGS MONUMENT 'NCRR CB M356 4, SAID MONUMENT HAVINGI NORTH CAROLINA STATE PLANE GRID COORDINATES N: 604,478.88,E: 1,526,253.42, THENCE S 47°33'38" E A DISTANCE OF 1,455.83' TOAFOUND: #4 REBAR ON THE 40' PUBLIC RW LINE OF MELROSE DRIVE SW, SAID POINT BEINGTHE POINT. ANDPLACE OF BEGINNING OF RIDGE CRESTE DRIVE, HEREIN DESCRIBED; THENCE S 493406'EADISTANCE OF41.64' (116)TOAFOUND#4 REBAR, SAID POINT BEING LOCATED ON THE 40' PUBLIC RW LINE OF MELROSE DRIVE SW;THENCE LEAVING SAID RWLINE OF MELROSE DRIVE,S 24'1016WADISTANCE OF 304.13TOAFOUND: #4 REBARTHENCEN46752 W. A DISTANCE OF 42.37(L15) TO A FOUND #4 REBAR ON SAID RWW LINE; THENCE N 24°18'15" E A DISTANCE OF 301.71' TO THE POINT AND PLACE OF BEGINNING CONTAINING AN AREA OF 0.278 ACRES (12,117 SQUARE FEET), MORE ORI LESSAS SHOWNONMAPTITLED, "EMINENT DOMAIN PLATFORTHE CITY OF CONCORD,'DATEDSEPTEMBER5,2022BYTIDEMARKLAND: SERVICES WHERAS, the real property parcels are currently owned by all heirs known and unknown ofW.L. Albertson and all heirs known and unknown of Irene C. Albertson and are being acquired for the construction of a public greenway along with a trail head NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF The City of Concord will acquire by condemnation the property and interest described The City Attorney is authorized and directed to institute the necessary proceedings under Chapter 40A of the North Carolina General Statutes, to acquire the properties  AND IS ATTACHED AS EXHIBIT A FOR FURTHER  REFERENCE.  parking lot and all related fixtures and appurtenances; and  CONCORD, THAT:  above for the purposes stated above.  described above.  Adopted this 13th day of October, 2022.    411  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  3. Consider awarding a sole source purchase order in the amount of $186,461.55 to Reinhausen Manufacturing Inc. for purchase of one (1) On-Load On-Load Tap Changers (OLTC) are ab built-in mechanical part of substation main power transformer. The OLTC re-taps the windings int thet transformer under loaded conditions, which serves to adjust the voltage produced by the substation as it self-adjusts throughout the day, depending on system loading conditions. This helps maintain nominalv voltage within acceptable ranges for oure end use customer. OLTC units have a manufacturer defined lifespan and must be upgraded in the 20-25 year timeframe. The City had five (5) substation power transformers that needed a replacement OLTC due to normal end of life cycle. Staff has replaced four (4) oft the five units. The original manufacturer was' Westinghouse Inc., which! has sincel been purchased by Reinhausen Manufacturing Inc. No other manufacturer offers a comparable replacement unit. Council approved purchase ofthei first two (2) units in. June 2021. The second orderv was approved in August 2021. This third order will complete the materials acquisition. Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to award a sole source purchase order in the amount of $186,461.55 to Reinhausen Manufacturing Inc. for purchase of one (1) On-Load Tap Changer-the Considerauthorizing the City Manager to negotiate and execute a contract with. Johnson Controls, by the means of the Sourcewell Cooperative Purchasing Program fort the purchase andi installation oft the upgraded camera equipmentand The work will consist of converting and enhancing the existing FBO camera system to Exacqvision, upgrading the camera communication network att the airport, data security and recording duplication, replacing outdated cameras, and adding cameras and video coverage to areas of the airport not currently monitored. This is at turnkey project with the contractor performing all the equipment purchases, installation, testing, The Aviation department currently uses an outdated, off the shelf, piecemeal, video camera surveillance and recording system to monitor activity in the general aviation areas of the airport. Many of those cameras are 10+ years old analog cameras that do not have camera resolution to identify objects at any distance from the camera. The camera network lacks bandwidth, hard drive storage, and is plagued with reliability issues. In addition, the airport does not have any coverage on aircraft ramp areas away from the terminal or parking areas on the FBO side of the airport. Our hangar camera This project will address those issues and place all cameras under one, state oft the art, highly secure and redundant Exacqvision system. Itis of utmost importance to have a quality, secured, and reliable security system component to monitor city ownedi facilities and operations in real time and recover recorded footage in the event of an incident. Both components are critical for airport security and asset protection. The cost to purchase andi installt this equipment is $369,091.61f for registered Sourcewell members. The Aviation Department plans to fund this project using CARES grantr money. The City of Concord is a registered member of Sourcewell Cooperative Purchasing Program.  Tap Changer.  Installation plan is underway and willl be complete in April 2023.  vote: all aye. 4.  system replacement.  configurations, licensing, and service.  coverage is limited or missing in some hangars.    412  A motion was made by Council Member Parsley-Hubbard and seconded by Council Member King to authorize the City Manager to negotiate and execute a contract with Johnson Controls, by the means of the Sourcewell Cooperative Purchasing Program for the purchase and installation of the upgraded camera equipment and system  replacement--the vote: all aye.  The consent agenda items were presented for the Council's consideration. A motion was made by Mayor Pro-Tem Crawford, seconded by Council Member King, and duly carried, to approve the following consent agenda items-the vote: all aye.  CONSENT AGENDA ITEMA Sufficiency Program Grant. CONSENT AGENDA ITEMB  The Housing Department was authorized to submit an application for the Family Self-  The Transit Department was authorized to apply for the 2023 NCDOT State Maintenance Assistance Program (SMAP) Grantt to! be used for eligible transit operating  expenses.  CONSENT AGENDA ITEM C budget ordinance was adopted.  The City Manager was authorized to accept the 2022 Patrick Leahy Bulletproof Vest Partnership Grant from the United States Department of Justice and the following  ORD#22-130  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 WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  hereby amended as follows:  Revenues  Account  Title  Current Budget  Amended (Decrease) Budget  Increase $6,040.76  100-4603200 Police Grants  $380,313.00 $386,354.00 $6,041.00  Total  ExpenseslExpendtures    413  Current Budget  Amended (Decrease) Budget  Account 4310- 5212000  Title  Increase $6,041.00  Uniforms  $200,263.75 $206,304.75 $6,041.00  Total  Reason: To appropriate the 2022 Patrick Leahy Bulletproof Vest Partnership award.  Adopted this 13th day of October, 2022.  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 ITEMD  The City Manager was authorized to accept an award in the amount of $21,510 from 2022 BJAI FY2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program-  Local Solicitation and the following budget ordinance was adopted.  ORD#22-131  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, adopta a City budget fori thet fiscaly year beginning. July 1,2022 ande ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BEI IT ORDAINED byt the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  hereby amended as follows:  Revenues Current Budget $380,313  Account  Title  Amended Budget $401,510  (Decrease) Increase $21,510 $21,510  100-4603200 Police Grants  Total  ExpensesExpendtures  Current Budget $0 Total  Amended Budget $21,510  (Decrease) Increase $21,510 $21,510  Account 4310- 5800429  Title  Grant Expenditures    414  Reason: To appropriate the 2022. JAG Grant award. Adopted this 13th day of October, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEME  The offer of dedication was accepted oni thef following plat ande easements: 502 Amhurst  Street, SW and Piper Landing Phase 1 Map 2.  CONSENT AGENDA ITEMI F  The offer of infrastructure was accepted int the following subdivisions and sites: City of Concord Fire Station 10, Harris Teeter Fuel-Store #68, and Fryling Ave Subdivision-  Sylvan Sewer.  CONSENT AGENDA ITEMG Discretionary Grant.  A following budget ordinance was adopted for the FTA 53390 Low or No Emission  ORD: #22-132  CAPITAL PROJECT ORDINANCE AMENDMENT  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 oft the General Statutes ofl North Carolina, the SECTION1. The! projects authorized and amended are the projects includedi for CK SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and SECTION 3. The following revenues are anticipated to be available to the City of  following grant project ordinance is hereby amended:  Rider Transit System.  specifications for the projects.  Concord for the completion of the projects: Revenues Current Amended (Decrease)  630-4357300 630-4357300 630-4337000 630-4337000 630-4501100 630-4501100  Federal Aid Local Shared Revenue Transfer from General Fund  20,690,163 6,380,631 4,888,873  21,403,976713,813 6,465,19184,560 4,973,433.84.560 882,933  Account' Title Budget Budget Increase  SECTION 4. The following amounts are appropriated for the project:    415  Exp. Accoun t 7690-5540000  Current Budget 6,416,399  Amended (Decrease) Budget 7,299,33 2  Title  Increase 882,933 882,933  7690-5540000 Vehicles - Capital  SECTION5., Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1)t to provide all information required by the project 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 oft the State of North Carolina. SECTION 6. Within five (5) days after adoption, copies of this capital projects ordinance shalll be filed with the City Manager, Finance Director, and City Clerk for 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 Duly adopted by the City Council of the City of Concord, North Carolina this 13th  direction in carrying out this project. City Manager any unusual occurrences.  day of October, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMI H  The following ordinance was adopted to amend the FY2022/2023 General Fund to appropriate proceeds from the sale of fixed assets for Parks and Recreation Contract  Services.  ORD.#22-133  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 thet fiscal year beginning July 1,2 2022 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are  June 30, 2023, as amended; and  accounts ini the funds listed for the reason stated;  hereby amended as follows:  Revenues    416  Account  Title  Current Budget 0 Total  Amended Budget 21,000  (Decrease) Increase 21,000 21,000  100-4351000 Sale of Fixed Assets  Expensestxpendtures  Current Budget 405,603  Amended Budget 426,603  (Decrease) Increase 21,000 21,000  Account 6120- 5194000  Title  Contract Services  Total  Reason: To appropriate proceeds from the sale of fixed assets to provide funding for contract labor to cover the Pottery Center if unable to identify volunteers for daily  operations.  Adopted this 13th day of October, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMI Projects Fund.  The following capital project ordinance was adopted to amend the Transportation  ORD.#22-134  CAPITAL PROJECT ORDINANCE Cedar/Crowell Sidewalk  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 ordinance is hereby ordained:  SECTION 1. The project authorized is the Cedar/Crowell Sidewalk.  SECTION:2. The City! Manageri is hereby authorized to proceed with thei implementation and amendments of thep projects within the terms of thep plans and specifications fort the SECTION3 3. The following revenues are anticipated to be available to the City of  projects.  Concord fori the project:  Revenues  Current Budget  Amended Budget (Decrease)  Account  Title    417  Increase  SECTION4.  The following amounts are appropriated for the project:  ExpensesExpendtures  Current Budget 698,703 582,817  Amended (Decrease) Budget 705,003 576,517  Account 8600-5811502 8600-5811502 8600-5585000 8600-5585000  Title Cedar/Crowel Sidewalk PIP Infrastructure  Increase 6,300 (6,300) 0  SECTION5 5. Accounting records aret tol be maintained by the! Finance Department oft 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 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 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 Duly adopted byt the City Council of the City of Concord, North Carolina this 13th day  Fiscal Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  of October, 2022.  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 ITEMJ CONSENT AGENDA ITEMK CONSENT AGENDA ITEML  The Tax Office reports for the month of August 2022 were accepted. The Tax Releases/Refunds: for the month of August 2022 were approved.  The monthly report on the status of investments as of August 31, 2022 was accepted.    418  A motion was made by Council Member Sweat, seconded by Council Member King, and duly carried, to conduct a closed session in accordance with N.C. General Statute 143-318.11(a)(6) to consider the qualifications, competence, performance, condition of appointment ofa public officer or employee or prospective public officer or  employee--the vote: all aye.  Ar motionv was made by Council Member McKenzie, seconded by Council Member  Stocks, and duly carried, to return to regular session--the vote: all aye.  There being no further business to be discussed, a motion was made by Council Member Langford, seconded by Council Member King, and duly carried, to adjourn-the  vote: all aye.  William C. Dusch, Mayor An  KimJ.C Deason/CiyClerk dden