360  CONCORD CITY COUNCIL REGULAR MEETING SEPTEMBER 8, 2022  AI regular meeting of the City Council for the City of Concord, North Carolina, was held in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on September  8, 2022, at 6:00p.m. with Mayor William C. Dusch presiding.  Council members were present as follows: Mayor Pro-Tem Terry L. Crawford Council Member Andy! Langford Council Member W. Brian King Council Member Betty M. Stocks Council Member JC McKenzie Council Member Jennifer Parsley-Hubbard Members Absent: Council Member John A. Sweat, Jr. Others Present: City Manager, Lloyd Wm. Payne, Jr. City Attorney, VaLerie Kolczynski City Clerk, Kim J. Deason Assistant City Managers Department Directors  Members 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: 2022-the vote: all aye. Presentations:  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to approve the minutes for the meetings of July 19, August 9, and August 11,  Jeffrey Smythe, CALEA Commissioner and Director of the NC Criminal Justice Training and Standards Division recognized the Concord Police Department for achieving its Law Enforcement Accreditation from the Commission on the Accreditation of Law Mayor Dusch presented a proclamation recognizing September 16-22, 2022 as Mayor Dusch presented a proclamation recognizing October 1, 2022 as International  Enforcement Agencies (CALEA). Constitution Week. Festival Day in Concord.  The FY23 Annual Budget Video was presented.    361  Unfinished Business:  1. Continue a public hearing for case Z(CD)-07-21 and consider adopting an ordinance amending the official: zoning map for +1-54.8519 acres located northeast corner of International Drive and Highway 73, generally addressed as 4208 and 4515 Davidson Hwy from MX-CC2 (Mixed-Use Commercial Center Large) to I-1-CD (Light Industrial Conditional District) and C-2 (General Commercial). This request 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 to the site plan to address the truck access issue. In August, the developer requested an additional continuance until September in order to continue conversations with the neighbors relative to noise issues and to The applicant is proposing an office, warehouse, distribution and light industrial business park for the I-1-CD (Light Industrial Conditional District) area of the development and no specific plans have been provided for the C-2 (General Commercial) portion of the site. The Planning and Zoning Commission heard the above referenced petition at their April The applicant requested another continuance until the October 13th City Council meeting. A motion was made by Council Member Langford and seconded by Council Member Stocks to continue the request until the October 13, 2022 City Council meeting- -the vote:  potentially develop a mutually agreed upon mitigation plan.  19, 2022 public hearing and acted to deny the request.  all aye.  Informational Items:  1. Receive the annual update from the Concord United Committee. The Concord United Committee Co-Chairs, Rev. Bertram Hinton, Jr., Ann Fleming and Robert Kirk presented the annual update to the Mayor and City Council.  Recognition of persons requesting to be heard:  Jerry Hill, 3949 Forest Pkwy, Wheatfield, NY, addressed the Council in regards to sewer Sean Cullen, 517 Alcove Rd, Mooresville, NC, addressed the Council in regards to sewer Scott Moore, 830 Skybrook Dr, Huntersville, NC, addressed the Council in regards to Alex Perry, 1141 Nixon Rd, Roberta, GA, addressed the Council in regards to sewer Charles Hodge, 6618 Summerlin Place, Charlotte, NC, addressed the Council in regards Johnny Shreaves, 1315 Don Castle Ct, Concord, NC, addressed the Council in regards to several projects that are underway in Concord and asked if the electrical grid can  allocation for a proposed project. allocation for a proposed project. sewer allocation for a proposed project. allocation for a proposed project. tos sewer allocation for a proposed project.  withstand the developments. Public Hearings:  1. Conduct a public hearing for case Z(CD)-03-22 and consider adopting an ordinance amending the official zoning map for +l-7.66 acres located at 4145 Davidson Hwy from C-2 (General Commercial) to RC-CD (Residential Compact Conditional District) and consider amending the 2030 Land Use Plan to modify the    362  future land use designation of the parcel from Industrial Employment to Urban The developer previously proposed a multi-family development with 117 dwelling units and a 6,000 sf commercial building; however, after the Planning and Zoning Commission meeting on August 16th, the applicant is seeking to condition the request to 90 units and 4,599 square feet of commercial. The project received sewer allocation on July 19,2022. The Planning and Zoning Commission the petition at their August 16, 2022 meeting and unanimously voted to forward the request to City Council with a recommendation that the zoning map NOT be amended from C-2 (General Commercial) to RC-CD (Residential Compact Conditional District) and to NOT amend the 2030 Land Use Plan to designate A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem The Planning and Neighborhood Development Services Planning Manager, Scott Sherrill, Vamsheedhar Deva and Navin Dundigalle, applicants, spoke ini favor of the request. The following citizens from Oak Park Subdivision spoke in opposition to the request:  Neighborhood.  the parcel as Urban Neighborhood.  Crawford to open the public hearing-the vote: all aye.  explained the request.  Whit Whitaker Brian Steiger Kevin Keeter Joe Fill  Council Member McKenzie asked what could be developed per the current zoning regulations for that site. The Planning Manager explained the uses that would be Council Member McKenzie asked what happens to the approved sewer allocation should the rezoning request be denied. The City Attorney stated the developer is entitled to the With there being no further speakers signed in to speak in favor or in opposition to the request, a motion was made by Council Member McKenzie and seconded by Council A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adopt the following Statement of Consistency for denial- the vote: Aye - Langford, King, Stocks, McKenzie, and Crawford; Nay Parsley-Hubbard.  currently allowed on the site per the zoning classification.  allocation for a period of one year from the date of allocation approval. Member King to close the public hearing- -the vote: all aye.  The subject property is approximately +/- 7.66 acres and is currently zoned C-2 The subject property was annexed on June 30, 1992, and is currently occupied by The proposed zoning amendment is not consistent with the City of Concord's 2030 Land Use Plan; however, the property is adjacent to areas developing as single- family attached and single- family detached. The proposed development would be consistent with the City of Concord's Urban Neighborhood designation as RC (Residential Compact) and conditional district variations are considered corresponding zoning classifications to the Urban Neighborhood Land Use Category. The proposed zoning is comparable to existing and proposed The zoning amendment is not reasonable and not in the public interest due to the existing and proposed vehicular capacity along Davidson Hwy (NC Hwy 73)  (General Commercial).  as single-family home, a garage building and 11 mobile homes  surrounding land uses.  between International Dr and Central Dr.    363  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to deny the request-the vote: Aye = Langford, King, Stocks, McKenzie, and Conduct a public hearing and consider adopting an ordinance annexing +l- 2.029 plo PIN 5622-65-8770 on Copperfield Blvd. owned by Copperfield, Inc. The petition is for voluntary annexation petition of +l-2.029 acres of property as a portion of PIN 5622-65-8770 on Copperfield Blvd. The property is currently zoned General Commercial (C-2) in the City of Concord ETJ. The developer has proposed to build a Ar 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 Mayor Pro-Tem Crawford and seconded by Council A motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to adopt thet following annexation ordinance and set the effective date for September 8th,  Crawford; Nay - Parsley-Hubbard.  2.  Dairio on the site, which was allocated sewer on July 19th, 2022. Parsley-Hubbard to open the public hearing--the vote: all aye. Member King to close the public hearing-the vote: all aye.  2022-the vote: all aye.  ORD.#2 22-117  AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF CONCORD, NORTH CAROLINA TO INCLUDE +/- 2.029 ACRES OF PROPERTY LOCATED AT P/O 1085 COPPERFIELD BLVD NE, CONCORD, NC WHEREAS, the City Council has been petitioned under G.S. 160A-58.1 by Craig Craver, Copperfield, Inc., on September gth, 2022 to annex the area described below; and WHEREAS, the City Council has by resolution directed the City Clerk to investigate the WHEREAS, the City Clerk has certified the sufficiency of the petitions and a public hearing on the question of this annexation was held at Concord City Hall, 35 Cabarrus Avenue West, on September 8, 2022 after due notice by" The IndependentTribune on August 28th, WHEREAS, the City Council finds that the petitions meet requirements of G.S. 160A- NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1. By virtue of the authority granted by G.S. 160A-58.1, thei following described territory is hereby annexed and made part of the City of Concord, as of the 8th day of Beginning at a point, said point being located on the northern right-of-way of Copperfield Blvd. (60' Public RM), thence through the property of now or formerly Copperfield, Inc. (Deed Bk. 4021, Pg. 219), the following three (3) calls: (1)N72-38'03" W. 263.08 feet to a point; (2) N20-48'20" E 143.75f feet to a point; (3) N23°18'22" W90.32 feet to a point, said point being located on the southern right-of-way of Vinehaven Drive NE (60' Public RM), thence with the southern right-of-way of Vinehaven Drive NE (60' Public RW) the following three (3) calls: (1) N 66°41'38" E238.61 feet to a point; (2) S 76-0034'E61.53 feet to a point; (3) S 29°55'08" E 69.99 feet to a point, said point being located at the intersection oft the southern right-of-way of Vinehaven Drive NE (60' Public RW) and the northern right-of-way of Copperfield Blvd. (60' Public RM' thence with the northern right- of-way of Copperfield Blvd. (60' Public RM), with a curve to the right, having a radius of  sufficiency of the petitions; and  2022; and 58.1; Carolina, that: September 2022: Site #6    364  1362.7 70 feet and an arc of 325.00 feet to the POINT AND PLACE OF BEGINNING and SECTION 2. Upon and after the gth day of September, 20221 the above-described territory andi its citizens and property shall be subject to all debts, laws, ordinances and regulations in force int the City of Concord and shall be entitled tot the same privileges and benefits as other parts of the City of Concord. Said territory shall be subject to municipal taxes SECTION 3. The Mayor of the City of Concord shall cause to be recorded int the office of the Register of Deeds of Cabarrus County, and ini the Office of the Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1a above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G.S. 163-288.1. SECTION 4. Notice of adoption of this ordinance shall be published once, following the effective date of annexation, in a newspaper having general circulation in the City of  containing 2.029AC.  according to G.S. 160A-58.10.  Concord.  Adopted this 8th day of September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  3.  Conduct a public hearing pursuant to NC General Statutes Sec. 158-7.1and consider offering a contract for a one year/85% tax based Center City Economic Development Incentive Grant to Shelby Company LTD, LLC to locate at 131 - 171 Under the North Carolina General Statutes, City Council may offer incentives to stimulate private sector expansion of new facilities. Shelby Company LTD, LLC proposes to develop an approximately 220,637 SF mixed use development within the geographic boundary of the Center City Economic Development Grant Program. The proposed project includes approximately 212 residential units (1 bedroom and 2 bedroom) in addition to approximately 11,000 SF of commercial space. Shelby Company LTD, LLC's proposed investment represents at total $55,000,000- $60,000,000 investment in real and personal property within Concord's Center City, which is an area that encompasses several older established residential neighborhoods and five major transportation corridors. The total value of the City's one year grant is estimated to equal $224,400 based on an estimated investment of $55,000,000. The actual payment will be based on the actual investment made by the company. The City of Concord would still collect a 1- year net revenue of $39,600 after the incentive payment. See attached grant analysis for A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem 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 A motion was made by Council Member King and seconded by Council Member McKenzie to offer a contract for a one year / 85% tax based Economic Development Incentive Grant to Shelby Company LTD, LLC to locate at 131 171 Cabarrus Avenue  Cabarrus Avenue East, Concord, NC.  additional details.  Crawford to open the public hearing--the vote: all aye. Member King to close the public hearing-the vote: all aye.  East, Concord, NC--the vote: all aye.    365  4.  Conduct a public hearing for case TA-09-22 and consider adopting an ordinance amending the Concord Development Ordinance Section 8.3.5.Q.5. This text amendment is staff initiated. Staff is seeking to clarify the intent of the word "temporary" int the definition of food trucks by requiring that they be removed overnight or from visibility from the right of way. The City was initially reliant on health department regulation of food trucks to require their removal overnight; however, some trailers and other mobile food units do notf fall within the scope oft thesel health department regulations. This ordinance change recommends adopting language taken from the City of Asheville regarding the overnight parking. The text amendment also adds the modifier Zoning" to Center City District and reduces the maximum allowable signage from 32 square feet to 8s square feet. The Planning and Zoning Commission unanimously recommended the This request was tabled at the Tuesday, September 6, 2022 City Council Work Session. 1. Consider adopting a resolution of intent to schedule a public hearing on the matter of closing the right-of-way of an unopened 50 foot right 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' 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. 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 A motion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to adopt the following resolution ofi intent tos set a public hearing for October 13, 2022 on the matter of closing the right-of-way of an unopened 50 foot right of way of  regardings supplementary regulations for Food Trucks  text amendment at their August 16th meeting. Presentations of Petitions and Requests:  the stormwater pipe on the site.  Davidson Dr. NW--the vote: all aye.  RESOLUTION OF INTENT  WHEREAS, G.S. 160A-299 authorizes the City Council to close public streets and alleys; WHEREAS, the City Council considers it advisable to conduct a public hearing for the purpose of giving consideration to the closure of an unopened portion of Davidson Dr.  and  NW as more specifically set forth below:  NOW, THEREFORE, BE IT RESOLVED by the City Council that:  (1) A meeting will be held at 6:00 p.m. on the 13th day of October, 2022 at the City Hall Council Chambers, 35 Cabarrus Ave. W, Concord, NC to consider a resolution on the Lying and being int the City of Concord, Cabarrus County, North Carolina and being more 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) the following five (5) calls (1) N 36°12'09" W51.581 feet to a calculated point; (2) with a curve to the right, having a radius of615.001 feet, an arc of 110.561 feet and a chord bearing of N 31-0309-W110.41 feet to a calculated point; (3) N 68°10'51" E5 50.141 feet to a calculated point; (4) with a curve to the left, having a radius of 565.00 feet, an arc of 98.17 feet and a chord bearing and distance of S31°14'37"! E 98.04 feet to a calculated point; (5) S36'1203'E64.231 feett to  closure of the area described as follows: particularly described as follows:    366  a calculated point, said point being located on the northern right-of-way of Beechwood Avenue NW (50' Public RWW); thence with the northern right-of-way of Beechwood Avenue NW (50' Public RW), S 68°10'51" W 51.62 feet to the POINT AND PLACE OF (2) The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks in The Independent Tribune or other newspaper of general (3) The City Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of this Resolution of (4) The City Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required by G.S. 160A-299.  BEGINNING and containing 0.186AC.  circulation in the area.  Intent.  Adopted this gth day of September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk  2.  Consider reallocating $109,582.34 in Community Development Block Grant (CDBG) Coronavirus Aid, Relief and Economic Security Act (CARES Act) funding to select public service agencies and organizations responding to community In August of 2020, Council approved $158,368.08 of CARES funds to Prosperity Unlimited to respond to mortgage needs within Concord. Due to the foreclosure moratorium being extended and the North Carolina Housing Finance Agency (NCHFA) American Rescue Plan backed mortgage assistance, Prosperity Unlimited has not expended these funds. As the NCHFA funds allow for more assistance with less documentation, Prosperity Unlimited has requested to return the funds to ensure other Staff reached out to agencies who received previous allocations to assess the continued COVID related needs in the area. The following details the proposed funding to the agencies which totals $109,582.34. 1. Cooperative Christian Ministries, Rental/Utility assistance provided to Concord residents identified as not receiving any other federal or state COVID related assistance. Install an awning to accommodate food distribution at agency food panty which was moved outside due to COVID- $44,582.34;2. Opportunity House, Nurse salary $30,000.00; and 3. Salvation Army, continued food requests and cleaninglsantation needs for COVID safety measures $35,000.00. If approved, there A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to approve reallocating $109,582.43 in Community Development Block Grant (CDBG) Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding tos select public service agencies and organizations responding to community needs Consider adopting a resolution for the City of Concord to declare its intentions to issue tax exempt bonds (secured by and payable solely from private development revenues, not City of Concord revenues) in the new amount not to exceed $20,500,000 to finance the acquisition, rehabilitation and equipping of mixed income units to be known as Coleman Mill Apartments and for related  needs related to COVID-19.  community needs can be met.  will be $48,785.74 remaining to allocate.  related to COVID-19--the vote: all aye.  3.  purposes.    367  In May 2019, Council approved the issuance of a tax-exempt bond in the amount of $14,000,000 payable solely from private development revenues to finance the acquisition, rehabilitation and equipping of The Colemanfrankin.Cannon Mill property. The request was amended to $18,000,000 in October of 2020. Representatives from the development group Sari and Company are continuing to secure tax-exempt financing from North Carolina Housing Finance Agency (NCHFA) to transform the 10.71 acre site, located at 625 Main St. SW, Concord NC, into approximately 152 units of mixed income housing to The Developer is requesting the bond increase due to the rising construction costs. The amended amount of the bond issuance is not to exceed $20,500,000. These bonds will not be general obligations of the City but will be special obligations secured by and Pursuant to Section 160A-456 of the NC General Statues (NCGS), the municipality has all the power of al housing authority underi the NC Housing Authorities Lawi found in Article 1of Chapter 157 of the NCGS. This empowers the City to issue its notes and bonds in accordance with the lawi for the purpose of making loans to assist in housing construction or rehabilitation by private sponsors. The City has determined that providing financing fort this development is consistent with the policy and purpose oft the law. In order to meet tax code section 42, relating to taxe exempt bonds, the Developer must include a resolution from the City which declares the intention to issue bond at the requested amount. Although the adoption of this resolution will declare the City's intent to issue bonds, the resolution is not a binding commitment of the City to issue the bonds. If the Council approves the amended bond issuance, the City will designate a Bond Counsel and the developer will be responsible for all fees associated with the transaction. A motion was made by Council Member Stocks and seconded by Council Member McKenzie to adopt thet following resolution for the City of Concord to declare its intentions to issue tax exempt bonds in the new amount not to exceed $20,500,000 to finance the acquisition, rehabilitation and equipping of mixed income dwelling units to be known as AI RESOLUTION OF THE CITY OF CONCORD, NORTH CAROLINA AMENDING ITS INTENTION TO ISSUE TAX- EXEMPT MULTIFAMILY HOUSING BONDS WHEREAS, on May 9, 2019, the City Council (the "City Council") of the City of Concord, North Carolina (the "City") adopted a resolution (the "Inducement Resolution") at the request of Sari and Company (the "Owner") declaring that the City intends to authorize the issuance of its Multifamily Housing Revenue Bonds (the "Bonds") in an aggregate amount not to exceed $14,000,000, the proceeds of which would be used to finance the acquisition, rehabilitation and equipping of approximately 152 units of multifamily rental housing, to be known as Coleman Mill Apartments (the "Development), located at 625 WHEREAS, the Owner has informed the City that the amount of tax-exempt debt necessary to finance the cost of the Development is more than originally anticipated as a result ofi increased construction costs caused by supply chain interruptions due to COVID- 19, and has requested the City to amend the Inducement Resolution to increase the  be known as the Coleman Mill Apartments.  payable solely from the developer's revenues.  Coleman Mill Apartments and for related purposes--the vote: all aye.  Main St SW, Concord, North Carolina 28027;  amount of the Bonds to an amount not to exceed $20,500,000; NOW, THEREFORE, BE IT RESOLVED by the City as follows:  1. The City hereby confirms the determination it made in the Inducement Resolution that providing financing for the Development is consistent with the purpose of Section 160D-1311(b) (previously 160A-456(b): and Chapter 157 ofthe North Carolina General Statutes (collectively, the' "Act") and that therefore the City agrees to assist the Owner in the issuance of the Bonds to finance the acquisition, rehabilitation and equipping of the Development, and, in particular, to undertake the issuance of the Bonds in an amount not to exceed Twenty Million, Five Hundred Thousand Dollars ($20,500,000) to finance a portion of the cost of the  Development.    368  2. The City intends that the adoption of this resolution be considered as an expression of official intent toward the issuance of the Bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 1.150-2 of the Treasury Regulations issued pursuant to the Code. 3. All other terms of the Inducement Resolution remain in full force and effect. 4. This resolution shall take effect immediately upon its passage.  Adopted this 8th day of September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim J. Deason, City Clerk  4.  Consider adopting a resolution authorizing an eminent domain action for property located at 400 Kingsport Dr NE, Concord, NC 28025 and commonly known The property is currently owned by Crown Point 51, LLC. Certain easements, both permanent and temporary, are required by the Water Resources Department in order to construct a stormwater culvert. The total appraised tax value of the property is listed at $4,494,190. The Engineering Department calculated the value of the 0.010 acre temporary and the 0.034 permanent easements to be $2,074.25. The property owner has not responded to several attempts of contact by the Engineering Department. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to adopt the following resolution authorizing an eminent domain action for property located at 400 Kingsport Dr NE, Concord, NC 28025-all aye.  as Crown Point Apartments.  RESOLUTION AUTHORIZING NEGOTIATED PURCHASE OR EMINENT DOMAIN TO ACQUIRE PROPERTY  WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines that iti is necessary and in the public interest to acquire a variable width permanent utility easement and a variable width temporary construction easement on a real property parcel Lying and being ini the City of Concord, Number Four (4) Township, Cabarrus County and being all of the Permanent Utility Easement Area, 1,494 Square Feet or 0.034 Acres, more or less as shown on map titled, "Easement Plat, Part of the Property of Crown Point Lying and beingi in the City of Concord, Number Four (4) Township, Cabarrus County and being all of the Temporary Construction Easement. Area, 435 Square Feet or 0.010 Acres, more or less as shown on mapi titled, "Easement Plat, Part oft the Property of Crown Point WHERAS, the variable width permanent utility easement and variable width temporary construction easement, currently owned by Crown Point 51, LLC is being acquired for the purpose of the construction of stormwater infrastructure improvements along with all WHEREAS, representatives of the City of Concord are in negotiation with the above stated owners to acquire the above-described properties by negotiated conveyance.  both identified and defined, as follows: Variable Width Permanent Utility Easement:  51, LLC,"and is attached as Exhibit A for further reference. Variable Width Temporary Construction Easement:  51, LLC," and is attached as Exhibit A for further reference.  fixtures and appurtenances; and    369  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF The City of Concord will acquire by condemnation or negotiated conveyances for the purposes stated above the property and interest therein described above to the The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 40A of the North Carolina  CONCORD, THAT: Resolution.  General Statutes, to acquire the properties described above.  Adopted this 8th day of September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim J. Deason, City Clerk  5. Consider adopting a resolution authorizing an eminent domain action for property located at 120 Country Club Drive, Concord, NC 28025 and commonly This property is currently owned by Carolina Mall, LLC/Georgia, LLC. Certain easements, both permanent and temporary, are required by the Water Resources Department in order to construct a stormwater culvert. The total appraised tax value of the property is listed at $11,283,670. The Engineering Department calculated the value of the 0.085 acre temporary and the 0.032 acre permanent easements to be $3,601.43. The property owner has not responded to several attempts of contact by the Engineering Department. A motion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to adopt the following resolution authorizing an eminent domain action for property located at 120 Country Club Drive, Concord, NC 28025--the vote: all aye.  known as the Carolina Mall.  RESOLUTION AUTHORIZING NEGOTIATED PURCHASE OR EMINENT DOMAIN TO ACQUIRE PROPERTY  WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines that it is necessary and in the public interest to acquire a variable width permanent utility easement and a variable widthi temporary construction easement on a real property parcel Lying and beingi in the City of Concord, Number Four (4) Township, Cabarrus County and being all of the Permanent Utility Easement Area, 1,415 Square Feet or 0.032 Acres, more or less as shown on map titled, "Easement Plat, Part of the Property of Carolina Lying and beingi in the City of Concord, Number Four (4) Township, Cabarrus County and being all of the Temporary Construction Easement Area, 3,697 Square Feet or 0.085 Acres, more or less as shown on map titled, "Easement Plat, Part of the Property of WHERAS, the variable width permanent utility easement and variable width temporary construction easement, currently owned by Carolina Mall, LLC, a Georgia limited liability company, is being acquired for the purpose of the construction of stormwater infrastructure improvements along with all fixtures and appurtenances; and  both identified and defined, as follows: Variable Width Permanent Utility Easement:  Mall," and is attached as Exhibit A1 for further reference Variable Width Temporary Construction Easement:  Carolina Mall, LLC,"a and is attached as Exhibit A1 for further reference.    370  WHEREAS, representatives of the City of Concord are in negotiation with the above stated owners to acquire the above-described properties by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF The City of Concord will acquire by condemnation or negotiated conveyances for the purposes stated above the property and interest therein described above to the The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 40A of the North Carolina  CONCORD, THAT: Resolution.  General Statutes, to acquire the properties described above.  Adopted this 8th day of September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim J. Deason, City Clerk  6.  Consider awarding a bid for installation of twelve steel transmission poles Electric Systems staff received bids on August 18, 2022 from three contractors for the Construction of 100 KV Transmission Line at Substation T and Delivery 4. The low bid was submitted by Power Grid Services in the amount of $982,322.92. Power Grid Services' bid was determined to be a responsible and responsive bid. Construction is expected to take 120 days and will commence October 3, 2022. Funding is coming from A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to award a bid for installation of twelve steel transmission poles to Power Grid 7. Consider awarding bids for electric equipment and materials for Substation W, located at 1420 Concord Parkway S, to Substation Enterprises; Virginia Transformer Corporation; S&C Electric Company; Siemens Industry, Inc; and Electric Systems staff received bids on August 18, 2022 for electric equipment and materials required for the construction of a new substation located at 1420 Concord Parkway South to feed the future Lilly manufacturing plant. The bids were arranged into the following five schedules of equipment: Schedule I- Substation steel and structures, Substation Enterprises, $356,718; Schedule II- Two 28 MVA powertransformers, Virginia Transformer Corporation, $1,991,982; Schedule III - Two 100KV circuit switchers, S&C Electric Company, $141,400; Schedule IV-Two 15KV circuit breakers, Siemens Industry, Inc, $57,626; and Schedule V- One metalclad switchgear, Myers Controlled Power, LLC, $913,615. All schedules combined total $3,461,341. Funding will be derived from the existing Substation W project account. Eli Lilly will be invoiced to provide funding for the A motion was made by Council Member McKenzie and seconded by Council Member Parsley-Hubbard to award bids for electric equipment and materials for Substation W to: Substation Enterprises; Virginia Transformer Corporation; S&C Electric Company; Siemens Industry, Inc; and Myers Controlled Power, LLC-the vote: all aye. 8. Consider authorizing the City Manager to sign a contract with Gillig LLC utilizing the Piedmont Authority for Regional Transportation (PART) consortium  to Power Grid Services in the amount of $982,322.92.  the Delivery 4 project account.  Services in the amount of $982,322.92--the vote: all aye.  Myers Controlled Power, LLC.  Substation W project account.    371  contract for the purchase of one (1) new 35' heavy duty hybrid electric diesel Rider Transit is seeking to purchase one (1) heavy-duty 35' hybrid bus using the PART/Piedmont NC consortium bus procurement contract to replace one existing bus that has met its FTA designated useful life. Once the vehicle is delivered, our bus fleet will be back to a 100% State of Good Repair with none of our buses running in service InA August, Rider Transit was awarded a $713,813 FTA 5339(c) Low or No Emission Discretionary grant specifically for the purpose of securing this replacement hybrid bus, which has a current cost of $882,932, including registration. The FTA funds will cover 80.85% of the cost of the vehicle. The remaining 19.15% ($169,119) will be split 50/50 A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to authorize the City Manager to sign a contract with Gillig LLC utilizing with a  replacement bus for the Rider system.  past their useful life.  between Concord and Kannapolis ($84,559.50 each).  not to exceed maximum cost of $882,932-the vote: all aye. 4291 Papa Joe Hendrick Blvd (PIN 4599-10-9019).  9.  Consider abandoning a portion of public utility easement across property at There is ap public utilitye easement: recorded in Plat Book 65 Page 841 tot the City of Concord. As this property has developed a portion of this easement is not necessary. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member King to adopt the following resolution authorizing the Abandonment of  Easement-the vote: all aye.  RESOLUTION RELEASING EASEMENT  WHEREAS, a public utility easement was granted on Plat Book 65 Page 84 recorded in the Cabarrus County Registry to the City of Concord for water and sanitary sewer; and WHEREAS, as ar result of development on the property and design changes toi the sewer alignment, the developer request that a portion of said easement be abandoned; and WHEREAS, the release of the portion of said easement would not be contrary to the NOW, THEREFORE, BEI IT RESOLVED, byt the City Council of the City of Concord, North 1. That a portion of the 30' public utility easement recorded on Plat Book 65 Page 84 and more particularly shown on Exhibit "A" is hereby ordered abandoned, and all rights 2. The City's property rights in the released portion easement 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 steps  public interest; Carolina:  and interest of the City are released.  to enforce this resolution.  Adopted this 8th day of September 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk    372  10. Consider approving the Master Plan and Conceptual Design for the Withers Ravenel, out of Raleigh, NC, presented the final master plan for the Academy- Gibson Area Parks and facilities for Council's consideration. The plan provides recommendations for new developments and amenities, renovations to aged buildings and facilities, and greenway and connectivity priorities within the Gibson Village Ito consists of five (5) sites, totaling approximately 18.36 acres of land broken down as follows: 1-Academy Complex (9.86 acres) including the Academy Recreation Center, McInnis Aquatics Center, Historic Webb Field, McAllister Field, and segments of the Village Greenway; 2-Kerr Street-Cedar Street Properties (2.44 acres) including property from Crowell Drive to the corner of Kerr Street and Cedar Drive; 3-Clearwater Art Studio Open Space (1.42 acres) including the existing open space adjacent to Clearwater along Kerr Street thati includes the trailhead of Village Greenway; 4-Academy-Kerr Street (0.49 acres) including four (4) parcels at the corner of Kerr Street and Academy Avenue that feature an old convenience store; and 5-existing Gibson Field (4.16 acres) located at 265 Currently, these properties function as separate facilities and do not operate as a traditional neighborhood park manner that is open to the public. The purpose behind this plan is to create a well-connected park and open space plan that removes existing barriers and suggests development of new park amenities such as playgrounds, extension of trails and greenways, and other features such as al bicycle pump track, skate park, and sculpture garden. It is intended to create an equitable and cohesive park experience for the Gibson Village community and the City of Concord. This plan lays out a vision for development recommendations focusing on connectivity between all park elements and other destinations within this area, prioritizes renovations and new amenities andi features, and considers appropriate phasing for park development over the City staff secured public input with three separate online surveys, input from stakeholder groups, and with a public workshop in March of 2022. Results from the surveys included A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to approve and adopt the master plan for Academy-Gibson Park, Facility & 11. Continue discussion regarding future funding of non-profits with General Council Member Parsley-Hubbard suggested that current process be continued at this point and to form a Committee to review the current process and report back with recommended changes. She stated she did not want to put additional work on staff sO the Committee would be comprised of at few Council Members and the City Manager. The City Manager stated that it would be good to have a few staff members at the beginning of discussion to go explain the current process. He stated staff typically begins the budget process fort the non-profit organizations in January each year. Mayor Dusch stated that per the City Manager's comments, changes would not be reflected until FY2024. He asked ift the Committee could have their recommendation to the City Manager by July 1, 2023. The City Manager confirmed that date would work for Itwast the consensus of the Council to have Council Member Parsley-Hubbard chair the  Academy-Gibson Park areas.  neighborhood.  Ballpark Court with parking entrance off of Misenheimer Drive.  next 5t to 10 years.  528 participants, 4,136 responses, and 187 comments.  Greenway Development--the vote: all aye.  Fund monies.  staff to implement any recommended changes to the process. Committee and ask a few Council Members to assist her.    373  A motion was made by Council Member McKenzie and seconded by Council Member Stocks to evaluate and establish the process for non-profit allocations and have recommended changes to the City Manager by July 1,2023--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 McKenzie, and duly carried, to approve the following consent agenda items-the vote:  all aye.  CONSENT AGENDA ITEM A  A contribution of $1,500 from the Mayor's Golf Tournament Fund to Big Brothers Big Sisters was approved and the following budget ordinance appropriating the contribution  was adopted.  ORD.#22-119  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 containedi in G.S. 159-15, the following accounts are hereby  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  amended as follows:  Revenues Current Budget 6,607,145  Account  Title  Amended (Decrease) Budget 6,608,645  Increase 1,500 1,500  100-4370000 Fund Balance Approp  Total  ExpenseslExpendrures  Current Budget 2,500  Amended (Decrease)  Account  Title  Budget 4,000  Increase 1,500 1,500  4190-5470043 Golf Tournaments  Total  Reason: To appropriate Mayor Golf Tournament reserves for a donation to Big Brothers/Big Sisters for a match activity which will support physical health, mental health  and well-being.  Adopted this 8th day of September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor    374  ATTEST: /s/ Kim. J. Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDAI ITEME B CONSENT AGENDA ITEMC America Roval 400 was approved CONSENT AGENDA ITEMI D  The public relations portion of the Nexsen Pruet contract was terminated.  Al License to Attach Banners to City of Concord Property to Conder Flag Company for the placement of temporary race banners on Bruton Smith Blvd and Hwy 29 for the Bank of  The City Manager was authorized to negotiate the acquisition of one parcel, totaling 0.25 acres (PIN# 5621-93-5451) from Susan Machiels for future development of McEachern Greenway for $28,000, and the following ordinances were adopted to amend the Parks and Recreation Capital Reserve Fund and Recreation Capital Project Fund to complete transfers for approved property purchases including due diligences a total of $33,375.  ORD.#22-120  PARKS & CAPITAL RESERVE FUND ORDINANCE  AMENDED  BE IT ORDAINED by the City Council of the City of Conçord, North Carolina that pursuant to Section 18-22 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The purpose authorized is to accumulate funds for future capital projects and capital outlay. Funds will be accumulated until such time the City Council designates the funds for projects or capital outlay. These funds may only be designated for projects that are listed in the City's Capital Improvement Plan or capital outlay approved in the City's operating budget ordinance. The General Fund will serve as the funding source for the Capital Reserve Fund upon City Council approval and withdrawals must be approved by SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the project/projects within the terms of the plans and specifications for SECTION 3. The following revenues & expenditures are anticipated to be available to the  Capital Reserve Fund ordinance is hereby amended:  City Council through an ordinance.  the projects.  City of Concord for this fund: Account Title 8100-5987000 Transfer to Project 8100-5987000 Fund 8100-5811082 8100-5811082 Future Projects  Current Budget $3,699,477 $508,503  Amended (Decrease) $3,732,852 $33,375  Budget  Increase  $475,128  $(33,375)  SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the capital reserve fund and (2) to comply with the Local Government Budget and Fiscal Control Act SECTION 5. Within five (5) days after adopted, copies of this capital reserve fund amendmentsladopion shalll be filed with the City Manager, Finance Director, and City Clerk  oft the State of North Carolina.  for direction in carrying out the purpose of this fund.    375  SECTION6. The Finance Director is directed to report on thet financial status of this fund in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 8th day of  unusual occurrences. September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  ORD.#22-121  CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation opes.NcEachem.oPi. Phase  BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The projects authorized are the projects included for the McEachern- 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 SECTION3. Thei following revenues are anticipated tol be available tot the City of Concord  project ordinance is hereby adopted/amended:  Hospital Phase. projects.  for the completion of the projects:  SECTION 4. The following amounts are appropriated for the project:  ExpenseslExpendtures  Current Budget  Amended (Decrease Budget Increase) $3,955,708 $33,375 $1,223,179 $33,375  Account 420-501280 8300-5811018  Title  420-501280 Transfer from P&R Reserve $3,922,333  8300-5811018 McEachem-Hospital Phase  $1,189,804  SECTION 5. Accounting records are to be maintained byt the Finance Department of the City of Concord in such manner as (1) 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 SECTION6. Within five (5) days after adoption, copies of this capital projects ordinance 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  Control Act of the State of North Carolina.  carrying out this project.    376  project in accordance with the existing City policy, and shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 8th day  Manager any unusual occurrences.  September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEME  The property transfer of PID # 5621-86-8122 the 1.566-acre property along Branchview Drive and Three-Mile Branch for the future development of McEachern Greenway was  accepted.  CONSENT AGENDA ITEME  The Parks and Recreation Department was authorized to apply for the 2022 Regional Trail Implementation Grant from Carolina Thread Trail for the development of Irish Buffalo  Creek Greenway. CONSENT AGENDA ITEM G  Grant funds in the amount of $2,760,225 from the Division of Aviation NCDOT was accepted and the following budget ordinance to amend the Airport Operations was  adopted.  ORD.#22-122  GRANT PROJECT ORDINANCE FY23 State Aid to Airports  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 State Aid to Airport Projects.  SECTION2. The City Manager is hereby authorized to proceed with the implementation of the project within terms of a grant agreement with the N.C. Department of Transportation - SECTION 3. The following revenues are anticipated to be available to the City of Concord  Division of Aviation. for the project: Account 451-4357000 451-4357000 451-4603400 451-4603400  Revenues  Current Amended (Decrease) Budget 5,745,868 8,506,093 1,506,968  Title State Aid Future Grants  Budget  Increase 2,760,225 (1,506,968) 1,253,257  0  Total  SECTION4. The following amounts are appropriated for the project:    377  ExpensesyExpendtures  Current Amended (Decrease)  Account 6300-5986000 6309-5986000 6309-5811082  Title  Budget 1,158,273 0 0  Budget 0 1,158,273 1,253,257  Increase (1,158,273) 1,158,273 1,253,257 1,253,257  6300-5986000 TRANSFER TO AVIATION 6309-5986000 TRANSFER TO AVIATION 6309-5811082 FUTURE GRANT PROJECTS  Total  SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION 6. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out SECTION7." The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 8th day of  Control Act of the State of North Carolina.  this project.  unusual occurrences. September, 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 AGENDAI ITEMH  The City Manager to negotiate and execute a contract with TBE for design/bid services for the North Apron Access Road and the following budget amendment was adopted.  ORD.#22-124  CAPITAL PROJECT ORDINANCE AMENDMENT  BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following project SECTION 1. The project authorized is the North Apron Roadway Project.  ordinance is hereby ordained:  SECTION 2. The City Manager is hereby authorized to proceed with the implementation of the project within terms of a grant agreement with the N.C. Department of Transportation - SECTION 3. The following revenues are anticipated to be available to the City of Concord  Division of Aviation. for the project:    378 Revenues  Current Amended (Decrease) Budget 1,158,273 1,506,968  Account 451-4603400 451-4603400  Title Future Grants  Budget  Increase 348,695 348,695  Total  SECTION4. The following amounts are appropriated for the project:  ExpensesExpendtures  Current Amended (Decrease)  Account 6300-5800454  Title  Budget  Budget  Increase 348,695 348,695  6300-5800454 North Apron Roadway  4,036,643 4,385,338  Total  SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the SECTION 6. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 8th day of  State of North Carolina.  this project.  unusual occurrences. September, 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 ITEMI  The maintenance agreement was approved and the offer of dedication on the following  property was accepted: Cabarrus County. CONSENT AGENDAITEMJ  The offer of dedication was accepted on the following plats and easements: Spring Meadow Phase 4 Map 1, Red Hill Phase 1, 464 Amhurst Street SW, 1.425 ac -E Burrage  Road, and Red Hill Greenway Dedication. CONSENT AGENDA ITEM K    379  The offers of infrastructure were accepted int the following subdivisions and sites, Settlers Landing Office Building 2, Union Street Mini Storage, Spring Meadow Subdivision PH 3  MP1.  CONSENT AGENDAI ITEML  The following American Rescue Plan Fund grant project budget amendment was  adopted.  ORD.#22-123  GRANT PROJECT ORDINANCE American Rescue Plan Fund  BEI ITORDAINEDI by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following grant SECTION 1. The project authorized is various projects funded by the American Rescue SECTION 2. The City Manager is hereby authorized to proceed with thei implementation and amendments of the projects within the terms of the plans and specifications for the SECTION3. The following revenues are anticipated to be available tot the City of Concord  project ordinance is hereby amended:  Plan Funds. projects.  for the completion of the projects:  Revenues  Current Amended (Decrease)  Account  Title  Budget  Budget  Increase  SECTION4 4. The following amounts are appropriated for the project:  ExpensesExpendtures  Current Amended (Decrease)  Account  Title  Budget 79,000  Budget 64,465 34,535  Increase (14,535) 14,535 $0  3300-5836000 UVLighting  3300-5832000 Collections Area Renov 20,000  Total  SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION 6. Within five (5) days after adoption, copies of this grant projects ordinance 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 by the City Council of the City of Concord, North Carolina this gth day of  Control Act oft the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  September, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA    380  Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMI M  The following Aviation Project Fund budget amendment for the North Apron Expansion  project at the Concord-Padgett Regional Airport was adopted.  ORD.#22-124  CAPITAL PROJECT ORDINANCE AMENDMENT  BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The project authorized is the North Apron Expansion Project. SECTION:2. The City Manager is hereby authorized to proceed with the implementation of the project within terms of a grant agreement with the Federal Aviation Administration. SECTION 3. Thet following revenues are anticipated to be available to the City of Concord  project ordinance is hereby ordained:  for the project: Account 451-4603400 451-4501680 451-4357300  Revenues  Current Budget  Amended (Decrease) Budget  Title  Increase  451-4603400 Future Grants 451-4501680 Transfer From Aviation 451-4357300 Federal Aid SECTION4. project:  2,045,945 1,158,273 (887,672)  458,391  459,891  1,500 2,826,870  10,853,921 14,566,963 3,713,042  Total  The following amounts are appropriated for the  ExpensesExpendtures  Current Amended (Decrease)  Account 6300-5800441 6302-5800441 6307-5800453  Title  Budget 00.00 1,211,273 887,672  Budget 0 889,172  Increase (1,211,273) 1,500 2,,826,870  6300-5800441 North Apron Expansion 6302-5800441 North Apron Expansion 6307-5800453 Runway Widening  4,036,643 4,036,643  Total  1) SECTION5. 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 SECTION 6. Within five (5) days after adopted, copies of this grant project amendment  and Fiscal Control Act of the State of North Carolina.    381  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 by the City Council of the City of Concord, North Carolina this 8th day of  carrying out this project.  Manager any unusual occurrences.  September, 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 ITEM IN  Article 3.12, Race Pay in the Personnel Policy was amended to clarify the procedures for the payment of both non-exempt and exempt employees working eligible events at Charlotte Motor Speedway and the Zmax Dragway that are sanctioned by NASCAR and  NHRA respectively. CONSENT AGENDA ITEM o CONSENT AGENDA ITEM P CONSENT AGENDA ITEM Q  The Tax Office collection reports for the month of July 2022 were accepted. The Tax releases/refunds for the month of July 2022 were approved.  The monthly report on status of investments as of July 31, 2022 was received.  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to conduct a closed session in accordance with N.C. General Statute 143- 318.11(a)(2) to prevent the disclosure of an honorary degree, scholarship, prize or similar award; N.C. General Statute 143-318.11(a)(4) to discuss the location or expansion of industries or other businesses in the area served by this public body; and N.C. General Statute 143-318.11(a)6) to consider the qualifications, competence, performance, character, fitness, and conditions of appointment of an individual public officer or  employee--the vote: all aye.  There being no further business to be discussed, a motion was made by Council Member  Parsley-ubbard, seconded by Council Member Stocks, and  carried, to adjourn-  the vote: all aye.  William C. Dusch, Mayor a  Clerk  daln