184 CONCORD CITY COUNCIL REGULAR MEETING MAY 12, 2022 A regular meeting of the City Council for the City of Concord, North Carolina, was heldi in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on May 12, 2022, at 6:00 p.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 Council Member John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason Department Directors Members Present: 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: -t the vote: all aye. Presentations: A motion was made by Council Member Langford and seconded by Council Member Stocks to approve the minutes for the meetings ofN March 22, April 12, and April 14, 2022 1. Mayor Dusch presented a Proclamation recognizing May 15-21, 2022 as National Public Works Week at the Tuesday, May 10th Work Session. 2. Mayor Dusch and the City Council recognized the Jay M. Robinson High School Men's Basketball team for winning the NCHSAA 2A Championship. Amotion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to recess the meeting to allow for pictures tol be taken with thet team-the AI motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem vote: all aye. Crawford to reconvene open session- the vote: all aye. 185 3. The City Manager presented the 2022 Jo Atwater Continuous Core Values Award to Solid Waste Services Co-Worker, Desmond Miller. Persons requesting to be heard: Michael Mitchem addressed the Council in regards to sewer allocation for the Gene Dan Zalinsky, Division President of H&H Homes, addressed the Council regarding Logan Creech addressed the Council in regards to sewer allocations for two Charles Stapleton addressed the Council in regards to sewer allocation for an eight lot Roland Jordan addressed the Council is regards to community issues and presented a Court Subdivision. sewer allocation for the Sunview Townhomes development. developments. family subdivision. Thank You plaque to Fire and Life Safety Chief, Jake Williams. Public Hearings: 1. Conductap public hearing pursuant to NC General Statutes Sec. 158-7.1and consider offering a contract for a three year I 85% tax based Economic Development Incentive Grant to Westwinds Center, LLC and NASCAR Media Group, LLC to locate at 7550 West' Winds Blvd. NW, Concord, NC. Under the North Carolina General Statutes, City Council may offer incentives to stimulate private sector expansion of new facilities. NASCAR is considering relocating thel NASCAR Productions operations from uptown Charlotte toar newi technology center. The proposed facility would be adjacent to the existing NASCAR Research and Development Center in Concord's West Winds Business Park and provide a mix of The new facility would be approximately 58,000 SF. NASCAR's proposed investment represents at total $28,500,000.00 investment in real and personal property. The project expects to bring 125 full time jobs to Cabarrus County from Mecklenburg County with average wages of $77,000.00. The total value of the City'st three year grant is estimated to equal $340,986.00 dependent on the actual investment. The City of Concord would still collect a 3-year net revenue of $60,174.00 after the incentive payments. A motion was made by Council Member McKenzie and seconded by Council Member There were no speakers signed in to speak in favor or opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Mayor A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to offer a contract for a three year/85% tax based Economic Development Incentive Grant to Westwinds Center, LLC and NASCARI Media Group, LLC1 to locate at Conduct a public hearing to consider adopting an ordinance amending Articles 7 (Section 7.7.4.E), Article 10 (Section 10.3)and Article 14 (Definitions)of the Concord Development Ordinance (CDO) relative to townhouse (townhome) For the past two years, staff has been amending the CDO based on the recommendations of the 2030 Land Use Plan. One of the major final changes to the CDO is addressing townhome, or single-family attached developments, which pose office and broadcast television and video production space. Stocks to open the public hearing- -the vote: all aye. Pro-Tem Crawford to close the public hearing--the vote: all aye. 7550 West Winds Blvd. NW, Concord, NC--the vote: all aye. 2. development requirements. 186 different service challenges than traditional single-family attached developments. The Planning Technical Committee (which includes Council and Planning Commission members) has guided staff in development of these regulations. The townhome issue was discussed by PTT at two meetings, andi itv was their consensus that new townhome developments should be required to! be rear-load (served by an alley or parking areain An amendment to mandate rear-load for new townhomes was originally proposed but was never reviewed by Council based upon a concern that the proposal was not compliant with the statutes. Staff reviewed this concern with Legal, and it was determined thatt thel languagei in the statutes does prohibit the rear-load mandate. Staff proceeded to develop an amendment to allow front-load units in a manner which will address service concerns. The previously drafted rear-load design requirements are proposed to be retained for the instances in which rear-loads are developed. Prior to consideration of the item by Planning Commission, staff provided notice to approximately 300 recipients oft the proposed changes via email and no comments were received. The proposed change has also been posted on the City website offering chances to make comment prior to the Council hearing. The Planning Commission A motion was made by Council Member Sweat and seconded by Mayor Pro-Tem There were no speakers signed in to speak in favor or opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Mayor A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adopt the following Statement of Consistency--the vote: all aye. the rear). unanimously voted to adopt this change at their April meeting. Crawford to open the public hearing- the vote: all aye. Pro-Tem Crawford to close the public hearing-the vote: all aye. The proposal is not inconsistent with the 2030 Land Use Plan; townhomes are The proposal is reasonable int that itp provides ai framework fore ensuring that new townhome communities have adequate parking, maneuvering area, street tree A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt thet following ordinance amending Article 7 Section7.7.4.E), Article 10 (Section 10.3) and Article 14 regarding townhouse (townhome) developments--the not specifically addressed. canopy and safe provision of utilities and services. vote: all aye. ORD.#22-50 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-6011 through 160D-605, 160D-7011 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby 28, 1977; and regulations and restrictions and zone boundaries; and 187 recognize a need to amend the text of certain articles of the City of Concord NOW, THEREFORE, BEI IT ORDAINED by the City Council oft the City of Concord, North SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 10 Development and Design Standards", Section 10.3 "Parking and Loading", Section 10.3.1 "General Standards", Subsection A "Applicability", and Subsection B "Front Yard Parking Standards" Subsections 1-3 be deleted ini their entirety. SECTION 2: That the following section of Concord Development Ordinance (CDO) Article 10 Development and Design Standards", Section 10.3 "Parking and Loading", Section 10.3.1 General Standards", Subsection A "Applicability", and Subsection B "Front Yard Parking Standards" Subsections 1-3 be rewritten as follows: Development Ordinance. Carolina: 10.3. PARKING ANDI LOADING 10.3.1.General Standards A. Applicability The provisions oft this Section shall apply to any application for Zoning Clearance or Site Plan approval, except for developments in the CC district B. Front Yard Parking Standards 1. Applicability Parking is permitted in the front yards of any single family (detached or attached), duplex, triplex or quadplex dwellingsinany No person shall park or store any motor vehicle, boat, trailer or recreation vehicle in the front yards (between the street and al line drawn parallel to the street from the point of the dwelling that is closest to the street) other than completely upon an improved Improved parking and drive areas shall not exceed 40% of the structure's front yard, except that front-load townhouse units with 20-foot wide drivewaysr may exceed 40% maximum provided that all other development regulations in this Ordinance and the infrastructure requirements of the Technical Standards Manual (TSM) are met. (See Section 7.7.4.E). Access to the improved front yard area shall be limited to properly approved curb cuts or other approved access points. Improved parking and drive areas shall be maintained in a safe and sanitary condition, and shall not contribute to soil erosion or tree damage. Proposed improved parking area shall be installed sO as to avoid creating standing water conditions, diverting runoff ontor neighboring property owners, zoning district other than agricultural. 2. General driveway ori improved parking pad. 3. Coverage of Improved Area ora adversely impacting stormwater water quality. Stoe. B Max. Area Vehicle 40% Use rar: Singie Family Dweliny Max. Vehicle 188 SECTION 3: That the following section of Concord Development Ordinance (CDO) Article 7 "Base Zoning Districts", Section7.7.4"Site Elements", Secton774E'Special SECTION 4: That the following section of Concord Development Ordinance (CDO) Article 7' "Base Zoning Districts", Section 7.7.4"Sitel Elements", Section7.7.4.E' Special Purpose: The City of Concord recognizes that the physical characteristics of townhouse developments pose a distinct set of service challenges as compared to traditional detached: single-family developments. Thei following standards are intended top provide for 1) the safer movement of vehicles and! pedestrians; 2) an adequate amount ofresident and visitor parking; 3)t the safe provision of public utilities and services; 4)the provision of green space; and 5) the creation of a functional, healthy and sustainable Townhouses may have vehicular access on a principal street (front-load) or on an alley Standards for a Townhouse" be deleted in its entirety. Standards for a Townhouse" be rewritten as follows: E. Special Standards for Townhouses permanent shade tree canopy. (rear-load). 1. Requirements for front-load townhouses. a. Townhouse driveways are prohibited on streets that are functionally classified b. All new townhouse developments with driveways on public or private streets shall meet the minimum provisions of Section 10.3.1, as well as all other minimum infrastructure requirements of the Technical Standards Manual (TSM), including but not limited to driveway spacing, utility location, and street Two off-street parking spaces shall be required per unit, and may be provided d. Ina addition to the required parking spaces fore each unit, parking to accommodate visitors shall be provided at a rate of one space for each two units with driveways less than 20 feet in width, and may be provided either as on-street spaces or within a common off-street parking area (or a combination thereof). Visitor parking shall not be required for townhouses with 20-foot-wide as collectors or higher. tree planting. within a garage. driveways. 2. Requirements for rear-load townhouses. a. All townhouse units shall front on a public or a private street or on an improved open space such as a town square, park or a green and shall be served by ar rear alley or common parking area. Alleys shall be at least twelve (12) feet in paved width to accommodate one-way traffic and at least sixteen 189 (16) feet in paved width to accommodate two-way traffic. Individual driveways for dwelling units are permissible only on alleys. Parking within the pavement b. Per Section 10.2.5 all private streets shall be constructed to public street standard with the exception of alleys. Construction details for alleys are included in Article 2 of the Technical Standards Manual (TSM). Alleys shall be designed with a minimum turning radius oft thirty (30) feet where they intersect streets and shall be constructed in such a manner as to allow service vehicles to complete turns within the boundary of the alley. Alleys shall be designed in such a manner as to bei interconnected to allow through d. Side yards are not required fori interior townhouses, but a minimum street setback of ten (10) feet shall be provided along front and corner yards, and building separation requirements of fifteen (15) feet shall be maintained for all groups of townhouse units. Where lot lines are not established or where units are condominiumized, the building setback shall be measured from the back of Driveways from the rear alley shall be no closer than three (3) feet from the interior side property line. Where interior lot lines are not established or where units are condominiumized, six (6) feet is required between driveways; Two off-street parking spaces shall be required per unit, and may be provided within a garage. In lieu of providing the required parking spaces on the individual parcel, either a portion of, or all of the required spaces may be provided on-street or within a common off-street parking area. Ina addition to the required parking spaces for each unit, parking to accommodate visitors shall be provided at a rate of one space for each two units, and may be provided either as on-street spaces or within a common off- h. Fences and/or walls on the site shall be constructed in such a manner as to allow unobstructed access to all utility meters and easements. of the alley shall be prohibited. C. traffic and to avoid dead ends. sidewalk. e. f. street parking area (or a combination thereof). Ons street parking shall be provided along at least one side of they public orp private street. On the side(s) of the street where parking occurs, the planting strip for streeti trees may be eliminated, butt thes sidewalk shall still be required. In lieud ofthe eliminated planting strip, foundation plantings comprised of woody shrubs with a mature height of no more than four (4) feet shall be installed at a four (4) foot On the side of the street where no parking is proposed, street trees shall be planted in accordance with Section 11.7.4. In order to provide a traffic calming measure and to ensure a street tree canopy, curbs shall be extended out in the areas ofr required building separation between groups of structures to create "bump- outs *" fori thep planting of street trees. Streett trees shall be installed int bump outs at The minimum setback from the alley (for the garage) is ten (10) feet measured from the exterior building wall of the structure to the edge of pavement. No minimum side setbacks are required for detached garage structures. All gas, electric service meter points and fiberoptic services shall be located in the rear. City owned water meters or sewer cleanouts shall not be installed m. Adequate space shall be provided along the alley for safely storing garbage and recycling receptacles withouti interfering witht the maneuvering area withini the alley. SECTION 5: That the following section of Concord Development Ordinance (CDO) spacing along the building foundation. the end of parallel parking spaces. within the limits of the townhouse driveway. Article 14 Definitions", be amended toi include the following: 190 BUMP-OUT: Acurb extension on residential or low volume streets that create an effect to calm traffic and to slow traffic speeds considerably. Adopted in this May 12, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney 3. Conduct a public hearing to consider adopting an ordinance amending Article 8, Table 8.1.8 (Use Table) of the Concord Development Ordinance (CDO)to address warenousingdstribution of less than 75,000 square feet and to permit watertreatment plants in the Office-Institutional OALpNComeraCAma At the. April City Council meeting, the Council amended the sewer allocation policy to allow speculative industrial uses of less than 75,000 square feet tor request allocation up to7,500 gallons per day. This 75,000 sf threshold does not traditionally support large The proposed amendment allows warehouse/distrlpution less than 75,000 square feeti in Light Industrial (I-1)V with specific standards (PS), but a special use permit would not be required. For warehouse/distripution greater than 75,000 of floor area, a special use permit and compliance with the standards (SS) would still be required. Buildings less than 75,000 sf are usually occupied by small to medium size companies that provide Additionally, the City is planning an expansion of the Hillgrove Water Treatment plant at 55 Palaside Drive NE. The plant is zoned 0-I Office Institutional. While researching the acquisition of an adjacent parcel on Arbor Street (which is zoned C-1 Neighborhood Business), it was discovered thats such facilities are not permissible in either district (nor inl -1). The 1980's Zoning Ordinance, under which the plant was developed, allowed the use in these zoning districts. This corrective change would allow the plant A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to open the public hearing-the vote: all aye. There were speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to close the public hearing-t -the vote: all aye. Ar motion was made by Council Member McKenzie and seconded by Council Member Sweat to adopt the following Statement of Consistency--the vote: all aye. Light Industrial (I-1) zoning districts scale distribution. jobs as well as support to larger industries. expansions to occur in a conforming manner. The proposal is not inconsistent with the 2030 Land Use Plan; the topic is not The proposal is reasonable in that it allows small scale industrial uses in accordance with adopted City policy, and permits necessary infrastructure to be Ar motion was made by Council Member McKenzie and seconded by Council Member King to adopt thet following ordinance amending Article 8, Table 8.1.8 (Use Table) ofthe specifically addressed. developed in a beneficial manner to the general public. 191 Concord Development Ordinance (CDO) to address warehousingdsripution of less than 75,000 square feet and to permit water treatment plants ini the Office-Institutional (0-1,LightCommercial. (C-1)andl Light Industrial (I-1)zoning districts- the vote: all aye. ORD.#22-51 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by 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 SS160D-6-1 through $$160D-6-5, 160D-7-1 through 160D-7-6, 160D-8-through 160D-8-8 and 160D-9-11 through 160D-9-51 may fromi time tot time as necessaryamend, supplement, change, modify or repeal certain of its zoning WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-6-1 through $$160D6-5,1 160D-7-ithrough 160D- 7-6, 160D-8-1 through 160D-8-8 and 160D-9-1 through 160D-9-51 does hereby recognize a need to amend the text of certain articles of the City of Concord zoning NOW,THEREFORE, BEI IT ORDAINEDI by the City Council oft the City of Concord, North SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 8"Usel Regulations" Section 8.1.8' "Use Table", Industrial Uses- - Warehouse and 28, 1977; and regulations and restrictions and zone boundaries; and Ordinance. Carolina: Freight Movement" be amended to the following: AG % RESIDENTIAL COMMERCIAL 8 IND 3 E Standards P P P SS USE CATEGORY Moving and Storage Facility Rail Transportation and Support Facilities Product Distribution Center, Warehousing and Storage, (Non- farm products), greater than 75,000 square feet in floora area Product Distribution Center, Warehousing and Storage, (Non- farm products), less than 75,000 square feeti in floor area Truck Terminal and Support Facilities SPECIFICUSE a a Nw De o related 8.3.7.F related PS 8.3.7.F 8.3.7.G SS SECTION 2: That the following section of Concord Development Ordinance (CDO) Article 8 "Use Regulations" Section 8.1.8 "Use Table", "Utilities - Water Treatment Facilities" be amended to the following: 192 AG RESIDENTIAL COMMERCIAL IND 3 1 S P USE CATEGORY SPECIFICUSE 24 : E a & & Standards AllL listed utilities, below except as P PP P P P P P P PI P P P P Natural Distribution Facility Gas P PP P P P P P P P P P P P and Natural or S S s S S S S S S S s S P P Facility, Private as S ss S S S S 5 S - S S S P P Utilities Electric Generating S Facility Pipeline, Petroleum Manufactured Gases Sewage Treatment permitted! by! NCDENR Facility Water Treatment P Solar Farm P P P P P S SECTION 3: That all remaining Articles and Sections of this Ordinance be renumbered SECTION 4: That this Ordinance be effective immediately upon adoption. to include the newly created Articles and Sections. Adopted in this May 12th, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /s/ Kim J. Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 4. Conduct a public hearing to consider adopting an ordinance amending Articles 2 and 3 (Streets and Pedestrian Paths and Driveways) of the Technical Over the past year, the Transportation and Engineering staffs have been working on amending the Technical Standards Manual (TSM) regarding streets/pedestrian paths and driveways. The TSM is a subset of the Concord Development Ordinance (CDO) and amendments require a public hearing. The proposed revisions predominately involve codifying existing practice and modernizing outdated requirements but thereare some changes. Additionally, much of the revision involves removing the technical details from the text, and placing them in a separate manual for ease of use. Prior to consideration of the item by Planning Commission, staff provided notice to approximately 300 recipients ofthe proposed changes via email and no comments were received. The proposed change has also been posted on the City website offering chances to make comment prior to the Council hearing. The Planning Commission unanimously voted to adopt this change at their April meeting, but requested that the staff work onas set of criteria for consideration of the use of "hammerhead" cul-de-sacs, A motion was made by Council Member Langford and seconded by Council Member Standards Manual (TSM). and to bring that back as an amendment ini the near future. McKenzie to open the public hearing--the vote: all aye. 193 There were speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Sweat and seconded by Mayor Pro- A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adopt the following Statement of Consistency-the vote: all aye. Tem Crawford to close the public hearing- -the vote: all aye. The proposal is not inconsistent with the 2030 Land Use Plan; the topic is not The proposal is reasonable in that it modernizes requirements for streets and driveways and aligns them with historical administration and accepted A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following ordinance amending Article 2 (Streets and Pedestrian Paths) and Article 2 (Driveways) of the Technical Standards Manual (TSM/(-the vote: specifically addressed. engineering practice. all aye. ORD. #22-52 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute $S160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601through: 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize a need to amend the text of certain articles of the City of Concord NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, SECTION 1: That thei following section of Technical Standards Manual (TSM). Article 2 "Streets and Pedestrian Paths," and Article 3 "Driveways" be deleted in their entirety. SECTION2: That thei following section of Technical Standards Manual (TSM) Article 2 "Streets and Pedestrian Paths," and Article 3 "Driveways" be rewritten as indicated on SECTION 3: That all remaining Articles and Sections of this Ordinance be renumbered SECTION 4: That this Ordinance be effective immediately upon adoption. 28, 1977;and zoning regulations and restrictions and zone boundaries; and Development Ordinance. North Carolina: Attachment. A. to include the newly created Articles and Sections. Adopted on this day May 12, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA 194 Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Presentations of Petitions and Requests: /s/ VaLerie Kolczynski, City Attorney 1. Consider authorizing the City Manager to send a letter of support to the North Carolina Department ofTransportation (NCDOT) to abandonay public right- The property owner, HGSREI LLC, has petitioned the North Carolina Department of Transportation (NCDOT) to abandon a section of right-of-way of Stowe Ln (SR2839). The property owner has worked with Fire Department staff on details to maintain emergency access to the property. Other City departments found no issue with the abandonment of the State's right-of-way within the limits of the City of Concord. Ar motion was made by Council Member King and seconded by Council Member Stocks to adopt thet following resolution consenting toi the release of a public right of way by the North Carolina Department of Transportation with the requirement that a public utility RESOLUTION OF SUPPORT FROM THE NORTH CAROLINA DAPARTMENT OF TRANSPORTATION TO ABANANDON A PUBLIC RIGHT-OF-WAY WHEREAS, the property owners HSREILLC: and HGREILLC have petitioned thel North Carolina DepatmentolTampotaton (NCDOT) to abandon as section of right-of-wayof WHEREAS, the City of Concord is in support of the North Carolina Department of Transportation (NCDOT) to abandon a section of right-of-way of Stowe Ln (SR 2839). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Concord respectfully supports the petition from HSREILLC: and HGREILLC from North Carolina Department of Transportation to abandon the roadi fromt the State Maintenance System. of-way. easement is retained--the vote: all aye. Stowe Ln (SR 2839); and Adopted this 12th day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk 2. Consider awarding a contractwith Carolina Siteworks Inc. of China Grove, N. Carolina for construction of the Old Charlotte Sidewalk Extension project. The proposed contract is for the construction of the extension of the sidewalk along the southern side of Old Charlotte Road SW from Warren C Coleman Blvd (HWY 601) to Office Dr. to provide safe pedestrian access along Old Charlotte to the Hartsell Recreation Center. Bids were originally due March 22, 2022 but there was only one bid submitted. Therefore, the bid was rejected without opening and re-advertised. Twol bids fromi interested contractors for the work were received byt the Transportation Department on April 5, 2022 with Carolina Siteworks Inc. submitting the certified low quote in the amount of $546,490.30 and utilizing Alternate A29 in place of item 18. Funding for this project is proposed to come from Community Development Block Grant (CDBG) funds 195 in the amount of $60,000 and Transportation Project Fund in the amount of $486.490.30, which is covered by available Pedestrian Improvement Program (PIP) A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Stocks to award the basel bid and authorize the City managert tor negotiate and executea contract with Carolina Siteworks Inc., of China Grove NC, for construction of the Old funds. Charlotte Sidewalk Extension project-the vote: all aye. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk preservation program to Blythe Construction Inc. 3. Consider awarding the total bid for the City of Concord's annual street Powell Bill receipts and General Fund revenues are being used to fund this work by contracted forces. Formal bids fori this work were opened on April 18, 2022 with Blythe Construction Inc. submitting the lowest total bidi int the amount of $3,259,781.37. Work such as patching, leveling, milling, resurfacing, re-striping, re-marking, andr re-installation ofp permanentr raised pavementmarkings work onj justunder 221 lane miles of designated streets and 5,000 Tons of patching on other City infrastructure will be performed. Contract Final Completion date is 180 days from the Notice to Proceed. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to award thet total bid and authorize the City manager to negotiate and execute a contract with tol Blythe Construction Inc. in the amount of $3,259,781.37 for the City of Concord's annual streets preservation program--the vote: all aye. 4. Consider recognizing thel Hunton Forest Home Owners Association into the Hunton Forest is a relatively new community to Concord. Located off Poplar Tent Rd near International Drive andi the Zemosa Acres Farm, the neighborhood is a charming family-friendly community. There is a total of 299 households with multiple style type homes built by Taylor Morrison and Ryan Builders. Hunton Forest houses a diverse community of residents a range of race, age, ethnic backgrounds, and family sizes. Officers for the Association are: President Joseph Marino; Vice President Arnold Woodruff; Treasurer Christopher Simms; and Secretary Takeida Carter. The Association hosts monthly meetings in Fire Station 7 and hold officer elections each February. They have submitted all the required documentation for recognition. By approving their inclusion in the program, the City would have at total of 73 recognized neighborhoods in the Partnership for Stronger Neighborhoods since the program's AI motion was made by Council Member Sweat and seconded by Council Member Stocks to approve the acceptance of Hunton Forest as a recognized neighborhood in the Partnership for Stronger Neighborhoods Program--the vote: all aye. Receive an update on the design progress of the. J.E. "Jim" Ramseur Park, consider adopting revisions to the park master plan, and authorize the City Manager to negotiate and execute a contract amendment with Woolpert, North Carolina PLLC1 to complete design development: tand construction documents for The property at 1252 Cox Mill Road in Concord, which totals approximately: 28.6acres andi is adjacent to Cox Mill Elementary School, was purchased by the City in 2020 to City's Partnership for Stronger Neighborhoods program. foundation in 2000. 5. Phase 1 (Park only). 196 serve as the site of Concord's first Community Park in the Northwest. Parks and Recreation selected the firm Woolpert, located out of South Charlotte, through thel RFQ process for design of the park. The master plan was originally adopted by Council in This is the fourth amendment to' Woolpert's original contract andi isi intendedi to advance detailed design for phase 1 only (park) through Design Development and Construction Documents. In addition, this amendment will include a TIA for phases 1 and 2, additional architectural services for pavilion and restroom buildings, and shelters, and allowances to complete geotechnical investigations, wetland delineations, and to The following items have been completed to date: 1) Original master plan and community engagement, 2) Surveying, due diligence onj pedestrian bridge crossing, and jurisdictional determination for environmental permitting requirements, 3) Building programming and building renderings for the future Recreation Center, 4) Schematic design plans for all phases of the park, 5) alignment and cost options for sewer access tot the property, and 6) detailed construction cost estimates for the next 5-10 years with additional inflation considerations. This work is critical to continue the design process once the master plan has been revised, and will accelerate the design and development of they park, with the goal of having the project shovel ready by late Spring/early Summer A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the revised Master Plan conceptual map for J.E. "Jim" Ramseur Park, and to authorize the City Manager to negotiate and execute a contract amendment with Woolpert, North Carolina, PLLC in the amount of $1,189,062 for Design Development, Construction Documents, Plan Review and Permitting, Traffic Impact Analysis, additional cost estimation services, and geotechnical and other environmental site 6. Consider: authorizing the City Manager to negotiate and execute a contract with Kimley Horn for design services for Clarke Creek Greenway in the Cox Mill Clarke Creek Greenway, also known as the Cox Mill Loop, is a high priority greenway project for the City of Concord as identified by the Open Space Connectivity Analysis and Parks and Recreation's goal of having 30 miles of developed greenway citywide by the year 2030. Iti is proposed to extend from Schrader Street NW in the Winding Walk Neighborhood to Cox Mill Road, and will also feature connections to Highland Creek, Allen Mills, the Planned J.E. "Jim" Ramseur Park, Cox Mill Elementary School, Odell Recreation Fields, Christenbury, and Granary Oaks neighborhoods. Overall, this greenway will be over four (4) miles in length and provide tremendous pedestrian The City has selected Kimley Horn through an RFQ process as one of our on-call design firms for Greenway and Connectivity projects. The greenway willf feature a 10-foot path that mayi include asphalt trail, boardwalk, andi natural surface ins some areas. Itwillmost likely be developed in phases depending on funding and acquisition. Partial funding may come through a Congestion Mitigation and Air Quality (CMAQ) grant recently This initial scope will include survey and mapping to create the initial alignment for the greenway to continue discussions with the neighborhoods. It will also include project management and coordination with TELICS and surveyors that are working on easement boundaries, and pre-planning and due diligence work for future phases of the design. Future addendums to the contract may include Design Development Plans, Construction Drawings, Geotechnical Investigations, FEMA Floodplain permitting and Wetland Delineation, Utility Coordination, and bidding and construction administration. Amotion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- August of 2021. progress the design through the permitting and plan review phase. of 2023. investigations and allowances--the vote: all aye. area in the amount of $141,100. connectivity within this area. applied to NCDOT through the Cabarrus-Rowan MPO. 197 Tem Crawford to authorize the City Manager to negotiate and execute a contract with Kimley Horn in the amount of $141,100 for professional design services for Clarke 7. Consider authorizing the City! Manager to negotiate and execute a contract with The Dodd Studio LLC for full design services for Dorton Parki in the amount City Council adopted the new master plan for the renovation and redevelopment of Dorton Park on September 10, 2020. The existing park, located at 5790 Poplar Tent Road, is approximately: 30 acres. Parks and Recreation has selected thet firm The Dodd Studio, located out of Fort Mill, SC, through an RFQ process for professional design services for the park. The Dodd Studio was also the consultant that completed the The design phase willi include Design Development Plans, Construction Documents at 50%, 90% and 100% level, Geotechnical site work and investigations, architectural services for existing and proposed buildings ont the property, and stream restoration and stabilization services for Afton Run Branch. Dorton Parki is a proposed GOI Bondi funded A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Stocks to authorize the City! Manager to negotiate ande execute a contract with The Dodd Studio int the amount of $468,1281 for Full Design services for Dorton Park-the vote: all Consider authorizing the City Manager to negotiate and execute a contract with Cole. Jenest & Stone, Bolten & Menk, Inc. fori full design services for Hartsell City Council adopted the new master plan for the renovation and redevelopment of Hartsell Park Complex on December 9, 2021. The existing park, with parking areas on Swink Street, Old Charlotte Road, and Sunderland Road, is approximately 22.5 acres and includes the Hartsell Recreation Center, Hartsell Ballfield Complex, and Hartsell neighborhood park. Parks and Recreation has selected thei firm Cole Jenest & Stone, Bolten & Menk, Inc., located out of Charlotte, NC, through an RFQ process for professional design services for the park. The original master plan was completed by This design phase will include Schematic Design, Design Development Plans, Construction Documents at 50%, 95%, and 100% level, Geotechnical site work and investigations, architecturalservices for existing and proposed buildings ont the property, cost estimation services, and allowances for surveying and additional mapping. Full turn-key development of Hartsell Park is ap proposed GOI Bondi funded projectp presented to Council, with a proposed construction budget of approximately $6.8M. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member McKenzie to authorize the City Manager to negotiate and execute a contract with Cole Jenest & Stone, Bolten &I Menk, Inc. int the amount of $532,1551 for Fulll Design Considerauthorzing the City! Manager to negotiate and execute a contract with Blythe Brothers Asphalt Co. LLC in the amount of $361,311 for the General Aviation Parking Loti improvements at the Concord-Padgett Regional Airport. Bids were due on April 20, 2022 and only 1 bid was received. The bid was rejected and re-advertised per North Carolina General Statues. One bid was received and opened on May 2, 2022. Blythe Brothers Asphalt Co. LLC submitted the low responsive base bid in the amount of $361,311. Talbert, Bright and Ellington reviewed the bids and concurred alll bidr requirements oft thes specifications were met. This project willl be 100% funded by the North Carolina Department of Transportation Division of Aviation Creek Greenway- the vote: all aye. of $468,128. Master Plani for Dorton Park and guided the public input process. project and will also include a segment of Coddle Creek Greenway. aye. 8. Park Complex in the amount of $532,155. Viz Design and staff guided the public input process. services for Hartsell Park-the vote: all aye. 9. 198 Commercial Service Airport Improvement Program. A motion was made by Council Member King and seconded by Council Member Parsley-Hubbard to accept the bid and authorize the City Manager to negotiate and execute a contract with Blythe Brothers Asphalt Co. LLCI ini the amount of $361,311f for the General Aviation Parking Lot project at the Concord-Padgett Regional Airport-the 10. Consider: awarding a bidi in the amount of $1,324,965.00 to Service Electric Company for construction of Substation T at2700 Concord Parkway South. Substation T Site-work/grading is now complete. Bid specifications for construction of the concrete foundations and all above ground facilities were developed and a formal bid process was held on April 20, 2022. Six construction firms submitted bids, which were evaluated by Staff for adherence to specifications. The lowest bidder, at $1,324,965.00, was Service Electric Company. Service Electric Company was deemed to be a responsive and responsible bidder. Upon a Notice to Proceed letter, Service Electric Company will have 210 days to perform the work. Substation T remains on AI motion was made by Council Member McKenzie and seconded by Council Member King to award al bid for $1,324,965.00 to Service Electric Company for construction of 11. Introduce the Bond Order Authorizing the Issuance of$60,000,000 General Obligation Parks and Recreation Bonds of the City of Concord, North Carolina. The City Council has determined thati iti is necessary to pay the capital costs of providing parks and recreation facilities. An application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the General Obligation Parks and Recreation Bonds as required by the Local Government Bond Act, and the City Clerk has notified the City Council that the application has been accepted for submission to the Local Government Commission. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adopt thef following resolution to Introduce the Bond Order Authorizing the Issuance of $60,000,000 General Obligation Parks and Recreation Bonds oft the City of Bond Order Authorizing the Issuance of $60,000,000 General Obligation Parks and WHEREAS, the City Council of the City of Concord, North Carolina has ascertained and hereby determines that it is necessary to pay the capital costs of providing parks and recreation facilities, including without limitation land, athletic fields, parks, shelters, parking, lighting, trails and greenways and the renovation and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the General Obligation Parks and Recreation Bonds hereinafter described as required by thel Local Government Bond Act, and the City Clerk has notified the City Council that the application has been accepted for submission to the Local Government Commission. NOW, THEREFORE, BE IT ORDERED by the City Council of the City of Section 1. Inorder to raise the money required for the purposes described above, in addition to any funds which may be made available for such purpose from any other source, General Obligation Parks and Recreation Bonds of the City are hereby vote: all aye. schedule for commissioning in March 2023. Substation T at 2700 Concord Parkway South-the vote: all aye. The next step in the process is to introduce the bond order. Concord, North Carolina- -the vote: all aye. Recreation Bonds of the City of Concord, North Carolina improvement of existing facilities; and Concord, North Carolina, as follows: 199 authorized and shall bei issued pursuant to the Local Government Finance Act of North Carolina. The maximum aggregate principal amount of such General Obligation Parks Section 2. Taxes willl be levied in an amount sufficient to pay the principal andi interest Section 3. Asworn statement oft the City's debt has been filed with the City Clerk and Section 4. This bond order willi take effect when approved by the voters of the Cityat The foregoing bond order was read byt title andi introduced byt the City Council oft the City and Recreation Bonds authorized by this order shall be $60,000,000. on the General Obligation Parks and Recreation Bonds. is open to public inspection. areferendum scheduled for November 8, 2022. of Concord, North Carolina this 12th day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Obligation Bond Order and related matters. 12. Consider adopting a resolution setting a public hearing on a General As part of the GO Bond referendum process, the City Council must hold a public hearing. The attached resolution sets the public hearing date of June 9th. A notice of the! bond order willl be published with a notice oft the public hearing int the newspaper on A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard' to adopt the following resolution setting a public hearing on a General Resolution of the City of Concord, North Carolina Setting a Public Hearing on a or before June 3rd. Obligation Bond Order and related matters-the vote: all aye. General Obligation Bond Order and Related Matters WHEREAS, al bond order entitled: "Bond Order Authorizing the Issuance of $60,000,000 General Obligation Parks and has been introduced at a meeting of the City Council (the "City Councif) of the City of WHEREAS, the City Council desires to provide for the holding of a publichearing thereon on June 9, 2022 and the submission of a statement of debt in connection NOW, THEREFORE, BEI ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OFCONCORD, NORTHO CAROLINA that the public hearing on said bond order shall be held on the 9th day of June, 2022 at or about 6:00 p.m. ini the Council Chambers of City BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a copy of said bond order to be published with a notice of such hearing in the form prescribed by law in a newspaper of general circulation in the City on or before the 3rd Recreation Bonds of the City of Concord, North Carolina;" Concord, North Carolina this 12th day of May, 2022; and therewith as required by The Local Government Bond Act. Hall, 35 Cabarrus Ave. W., Concord, NC 28025. day of June, 2022. 200 BEITFURTHER: RESOLVED1 that the City'si finance officeri is hereby directed to file with the City Clerk, prior to publication of the bond order, along with the notice of such public hearing, as statement setting forth the debti incurred ort tol bei incurred, the net debt of the City, the assessed value of property subject to taxation by the City and the percentage that net debt of the City bears tot the assessed value ofp property subject to taxation. BE ITFURTHER: RESOLI VEDI that this Resolution shalll become effective on the date ofi its adoption. Read, approved and adopted this 12th day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim. J. Deason, City Clerk 13. Consider adopting a resolution authorizing the sale of multiple parcels to WeBuild Concord, Inc for the purpose of development of affordable housing. In1 1977, the then City Board of Aldermen designated the Board as al housing authority pursuant to Chapter 157 of the North Carolina General Statutes. Acting as a housing authority, the City Council has the ability to sell property to WeBuild for a public use such as affordable housing. WeBuild ("buyer") has offered to purchase 77 Cabarrus Avenue SW; 3381 Lincoln Street SW; 11 Powder Street NW, 13F Powder Street NW,23 Powder Street NW, 26 Powder Street NW, 30 Powder Street NW, 34 Powder Street NW, 69 Powder Street NW, 94 Chestnut Street SW, 327 Howerton Avenue NW, Fenix Drive SW Lot 30, and Swink Street SW Lot 20, for $588,321.00 for the purpose of developing affordable housing. AlI City departments have confirmed thatt thep properties are not needed for City use. The properties will all be conveyed with deed restrictions and covenants to assuret thatt they are used exclusively for affordable housing, that they are held in al land trust by WeBuild and that the properties will revert to the City in the event these covenants arel breached. The proposed resolution directs the City Manager, City Clerk and City Attorney to take all necessary steps and to execute the necessary documents to affect the conveyance oft the property in accordance with North Carolina A motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to adopt the following resolution authorizing the sale of multiple parcels to WeBuild Concord, Inc for the purpose of development of affordable housing and directing the City Manager, City Clerk and City Attorney to take all necessary: steps and to execute the necessary documents in ordert to affect the conveyance of the property- General Statutes $157-9. the vote: all aye. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY WHEREAS, North Carolina General Statutes $157-9 authorizes the City of Concord, acting as the! Housing Authority of the City of Concord ("City')tosell, exchange, transfer, assign or pledge any property real or personal or any interest therein to any person, WHEREAS, the City owns the following thirteen (13) properties (the Properties"): (1) 77 Cabarrus Avenue SW; PIN 5620-86-7504; Vesting Deed 5724-334 (2) 338 Lincoln Street SW; PIN 5620-92-1802; Vesting Deed 4975-1 (3) 11 Powder Street NW; PIN 5620-65-1519; Vesting Deed 10027-258 (4) 13 Powder Street NW; PIN 5620-65-0663; Vesting Deed 10032-212 (5) 23 Powder Street NW; PIN 5620-55-9784; Vesting Deed 15510-17 firm, corporation, municipality, city, or government; and 201 (6) 26 Powder Street NW; PIN 5620-65-0866; Vesting Deed 15899-332 (7) 30 Powder Street NW; PIN 5620-65-0829; Vesting Deed 15899-332 (8) 34 Powder Street NW; PIN 5620-55-9973; Vesting Deed 15899-332 (9) 69 Powder Street NW; PIN 5620-56-5142; Vesting Deed 15899-332 (10) 94 Chestnut Street SW; PIN 5620-95-4723; Vesting Deed 7929-1 (11) 327 Howerton Avenue NW; PIN 5620-55-8562; Vesting Deed 15954-149 (12) Lot 30, Fenix Drive SW; PIN 5620-75-4472; Vesting Deed 15954-149 (13) Lot 20, Swink Street SW; PIN 5620-32-8989; Vesting Deed 15954-149; and WHEREAS, the City has negotiated with WeBuild Concord ("Buyer") to convey the Properties to the North Carolina non-profit corporation for the purpose of constructing WHEREAS, the construction of affordable housing will assist the city in meeting the WHEREAS, thel Properties shall subject to such covenants, conditions, andi restrictions as may be deemed toi bei int the public interest ort to carry outa a public purpose, including without limitation certain deed restrictions requiring the development of affordable housing, requiring the Properties to remain held in a land trust, and requiring the Properties to revert to the Cityi in the event of a breach of these covenants; WHEREAS, the City received an Offer to Purchase the Properties from the Buyer for WHEREAS, the City has held a public hearing to consider whether to approve the NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, ACTING AS THE 1. The City Council accepts the offer described above pursuant to North Carolina a. The City will convey, in fee simple determinable title, 77 Cabarrus Avenue SW; 3381 Lincoln Street SW; 11 Powder Street NW,1 13 Powder Street NW,23 Powder Street NW, 26 Powder Street NW, 301 Powder Street NW, 34 Powder Street NW, 69 Powder Street NW, 94 Chestnut Street SW, 327 Howerton Avenue NW, Lot 30, Fenix Drive SW, and Lot: 20, Swink Street SWt to' WeBuild Concord, as stated b. The City will convey 77 Cabarrus Avenue SW; 338 Lincoln Street SW; 11 Powder Street NW, 13 Powder Street NW, 23 Powder Street NW, 26 Powder Street! NW, 30 Powder Street NW, 34F Powder Street NW, 69 Powder Street! NW, 94 Chestnut Street SW,327 Howerton Avenue NW, Lot3 30, Fenix Drive SW, and Lot 20, Swink Street SW subject to all existing public utility easements, restrictions, rights-of-way, protective covenants, zoning laws, conditions, and any ordinance of record, along with the contingency of the affordability restrictions The closing shallt take place on or before June 30, 2022, unless otherwise agreed 3. The consideration for the conveyance is $588,321.00 and the conditions, covenants, and restrictions, which shall be incorporated in the deed given by the 4. City Manager, City Clerk and City Attorney are authorized to take all necessary steps and to execute ther necessaryi instruments to effectuate the sale oft ther real properties located 77 Cabarrus. Avenue SW; 338 Lincoln Street SW; 11 Powder Street NW, 13 Powder Street NW, 23 Powder Street NW, 26 Powder Street NW, 30 Powder Street NW, 34 Powder Street NW, 69 Powder Street NW, 94 affordable housing for a public purpose; and housing needs of low- and moderate-income households; and $588,321.00; and conveyance of the Properties above. HOUSING AUTHORITY OF THE CITY OF CONCORD, THAT: General Statute S 157-9. 2. The final sale shall include the following terms: int the Agreement for Purchase and Sale of Real Property. and all related conditions to the sale. by the parties. City of Concord to the WeBuild Concord: 202 Chestnut Street SW, 327 Howerton Avenue NW, Lot 30, Fenix Drive SW, and Lot 20, Swink Street SWi in accordance with this resolution. Adopted this 12th day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk Alcohol Beverage Control Board. 14. Consider adopting a resolution authorizing the sale of part of 250 International Drive NW: and the grantofanegress easementtot the City ofConcord The City acquired this property on October 31, 2000. The Fire Department has confirmed that the propertyi is not needed fort the use of Fire Station number7. The City received an Offer to Purchase the Property from City of Concord Alcohol Beverage Control Board ('Buyer") for $71,316.00. The buyer wishes to use the property to construct a driveway access for the neighboring lot located at 230 International Drive NW. The tax value oft the property is $71,316. The buyer is also requesting an egress easement across a portion of 250 International Drive NW as shown on the attached survey. Thel buyer will contribute thirty percent (30%) ofallf future maintenance costs for the existing driveway located in the easement area. The proposed Resolution directs the City Manager, City Clerk and City Attorney to take all necessary steps and to execute the necessary documents to affect the conveyance of the property and easement in accordance with this resolution pursuant to North Carolina General Amotion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to adopt the following resolution authorizing the sale of part of 250 International Drive NW and the grant of an egress easement to the City of Concord Alcohol Beverage Control Board and directing the City Manager, City Clerk and City Attorneyt tot take all necessary steps and to executet the necessary documents in orderto affect the conveyance of the property and easement-the vote: all aye. RESOLUTION. AUTHORIZING THE SALE OF GOVERNMENTAL PROPERTY TOA WHEREAS, North Carolina General Statute $ 160A-274 permits the City to sell real property to another governmental unit upons sucht terms and conditions as itdeems wise; WHEREAS, the City of Concord acquired a various width strip of property, being a portion oft ther real property located at 250 International Drive NWbya deedi recorded on October 31, 2000 in Deed Book 3018, at Page 249 of the Cabarrus County Registry; WHEREAS, a Various Width Strip of Property and Gap Property identified as a portion of 250 International Drive NW ("Property") is further described as follows: LYING AND BEING in Township Number Two (2), City of Concord, Cabarrus County and specifically BEINGaportion ofar real property parcel identified as PINNo. 5601-71- 3430 and being a part of Lot Number 8 as shown on map titled, Subdivision Plat of Niblock Industrial Park" as recorded in Map Book 20, at Page 73 of the Cabarrus Registry, beingl labeled as' Proposed Area ofF PIN 5601-71-3046to bel Recombined with BEGINNING at an existing #4 rebar in the right of way of International Drive (a public maintenance right of way), having a North Carolina Grid NAD 83 grid coordinate of 61,8228,E1.0/1834; thence N89°58'55'W 29.63'toac computed point, said Statutes $160A-273 and 1-274. GOVERNMENTAL UNIT and and PIN 5601-71-3046," and is more fully described as follows: 203 point being the shared corner of City of Concord (DB. 3018 PG. 249) and the City of Concord Alcohol Beverage Control Board (DB. 10819 PG.3 325); thence NO0°12'03'E 27.00' to a computed point; thence S 89°58'55'E (passing a set #5 rebar at 40.00') 345.62' to as set #5 rebar; thence S 00°11'54'W 27.00' to a computed point, said point being S 89°46'19'W 12.76' from an existing #4 rebar & witness post, a corner ofWhite Park, LLC (DB. 5429 PG. 214, LOT #8 OF PB. 20 PG. 73); thence N 89°58'55" W 315.99' to the POINT OF BEGINNING, as shown on map titled, "BOUNDARY & TOPOGRAPHIC SURVEY OF: THE CITY OF CONCORD ALCOHOL CONTROL BOARD" by Concord Engineering and Surveying, Inc. dated February 18, 2022 and is LYING AND BEING in Township Number Two (2), City of Concord, Cabarrus County and specifically BEINGa portion ofar real property parcel identified as PIN No. 5601-71- 3430 and being a part of Lot Number 8 as shown on map titled, "Subdivision Plat of Niblock Industrial Park" as recorded in Map Book 20, at Page 73 of the Cabarrus Registry, being labeled as "POSSIBLE GAP AREA, 0.002 Acres" and is more fully BEGINNING at an existing #4 rebar in the right of way of International Drive (a public maintenance right of way), having a North Carolina Grid NAD 83 Coordinate of N: 611,182.26,E: 1,507,193.43; thence S 89°58'55" E 315.99' to a computed point, said point being S 89°46'19" W 12.76' from an existing #4 rebar & witness post, a corner of White Park, LLC (DB. 54291 PG.214,LOT: #8 OFPB.20PG.73)1 thence S00011'54'W 0.52' TO A #4 REBAR, SAID REBAR BEING N63°59'16W 179.30' FROM A 1%" IRON PIPE & 1"WITNESS ROD; THENCE N89°5345'W 345.62' TO A COMPUTED POINT, SAID POINT BEING THE SHARED CORNER OF CITY OF CONCORD (DB. 3018 PG. 249) AND THE CITY OF CONCORD ALCOHOL BEVERAGE CONTROL BOARD (DB. 10819 PG. 325); ; THENCE S89°58'55"E 29.63' TO THE POINT OF BEGINNING., as shown on mapi titled, "Boundary &Topographic Survey of: The City of Concord Alcohol Beverage Control Board' "by Concord Engineering and Surveying, Inc. dated February 18, 2022 and is attached as Exhibit A for further reference. Property is tol be conveyed SUBJECTTO the reservation of all current and existing easements and easement rights located on and affecting the real property described above to the City of The conveyance of the above-described property willl be made subject to the easement right ofe egress by the Buyer, its successorslassigns to use the easement area as shown The Buyer will also be responsible for 30% of the cost of maintenance of the WHEREAS, onl May 12, 2022, the City received an Offer to Purchase the Property from the City of Concord Alcohol Beverage Control Board ('Buyer") for $71,316.00; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. The City Council accepts the offer described above pursuant to North Carolina attached as Exhibit A for further reference. described as follows: Concord. on' "EXHIBIT B." improvement located at the easement. CONCORD, THAT: General Statute S 160A-274. 2. The final sale shall include the following terms: a. The City will convey a various width strip of property, being a portion of the real property! located at 250 International Drive NW to the Highest Bidder, as stated in the Agreement for Purchase and Sale of Real Property. b. The City will convey the property subject to the reservation of all current and existing easements ande easement rights located on and affecting the real property described above to the City of Concord, along with any and all existing public utility easements, restrictions, rights-of-way, protective covenants, zoning laws, conditions, and any ordinance of record. 204 C. The closing shallt take place on or before June 30, 2022, unless otherwise 3. The City Attorney is directed to take all necessary: steps to complete the. The City Manager is authorized to execute the necessary instruments to effectuate the sale of a various width strip of property, being a portion of the real property located at 250 International Drive NW in accordance with this resolution. agreed by the parties. Adopted this 12 day of May, 2022 CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk 15. Considerauthorizing the City Manager to negotiate and execute a contract with Bionomic Services, Inc. for the Coddle Creek Water Treatment Plant As water is treated to produce safe drinking water, waste is also generated and stored in lagoons. These lagoons fill up with waste that has to be removed and taken to the landfill. This contracti is for the removal of the waste from the lagoons and delivering the waste tot thel landfill. The project was bid under the informal bidding process, and 25 bids were received. The lowest responsible bidder was Bionomic Services, Inc. int the amount A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to authorize the City Manager to negotiate and execute a contract with Bionomic Services, Inc. in the amount of $314,404.20 for the Coddle Creek Water 16. Consider authorizing the City Manager to negotiate and enter into an agreementwithl Republic Services, Inc, for the disposalofthe Coddle Creek Water For the second year, Republic Services, Inc. is keeping the cost of disposal of the lagoon sludge from the Coddle Creek Water Treatment Plant the same at $80 per ton. Iti is estimated, approximately 3,350 tons willl be removed at a cost of $268,000. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to authorize the City Manager to negotiate and enter into an agreement with Republic Services, Inc. for the disposal of the Coddle Creek Water Treatment Plant Lagoons Sludge at $80.00 per ton to a maximum of 3,350 tons- the vote: all aye. 17. Consider approving a modification to the Interlocal Agreement with The City entered into an Interlocal Agreement with Cabarrus County administering the Central Area Plan. Under the Agreement, the City agreed not to extend utilities into certain areas east of the then exiting City limits except under certain limited circumstances. Humberto Perez has requested an exception to the Agreementin order to obtain water service for aj proposed single-family home at 3535 Katrina Avenue (PIN A motion Mayor Pro-Tem Crawford and seconded by Council Member Langford to approve a modification of the Interiocal Agreement regarding the Central Area Plan to allow the provision of water to 3535 Katrina Avenue--the vote: all aye. Lagoons Sludge Removal. of $314,404.20. Treatment Plant Lagoons Sludge Removal-the vote: all aye. Treatment Plant Lagoons Sludge. Cabarrus County administering the Central Area Plan. 5641-70-7417). Consent Agenda: 205 The consent agenda items were presented for the Council's consideration. Ar motion was made by Council Member Sweat, seconded by! Mayor Pro-Tem Crawford, and duly carried, to approve the following consent agenda items-the vote: all aye. CONSENT AGENDA ITEM A The following resolution was adopted authorizing the conveyance ofs street and sidewalk easements as requested by the City of Kannapolis. RESOLUTION TO CONVEY EASEMENT TOTHE CITY OF KANNAPOLIS WHEREAS, North Carolina General Statutes $160A-273 authorizes the City to grant easements over, through, under, or across any city property or the right-of-way of any WHEREAS, North Carolina General Statutes $160A-274 authorizes the City upon such terms and conditions as it deems wise, with or without consideration, exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest WHEREAS, the City of Concord (by the assumption of the Board of Light and Water Commissioners of the City of Concord) acquired 100-acre tract of land located in Cabarrus County in Deed Book 172, at Page 198 anda3.44-acre tract of land locatedi in Rowan County in Deed Book 267, at Page 89 ("Concord Property") for the purpose of WHEREAS, the City ofKannapolis ("Kannapolis") owns a 55.32-acre parcel identified as 2888 Moose Rd, Kannapolis, Rowan County, North Carolina and further identified as WHEREAS, Kannapolis has expressed the intent to redevelop the Kannapolis Property WHEREAS, Kannapolis has requested street and sidewalk easements from for the WHEREAS, ith has been determined that the street and sidewalk easements requested by Kannapolis from Concord are necessary for the redevelopment of the Kannapolis NOW THEREOF, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. The City Council authorizes the conveyance of the street and sidewalk public street; and in real or personal property; and acquiring an additional water source for the City of Concord; and Parcel ID No. 145-023 ("Kannapolis Property"); and located at the end of Stadium Drive; and benefit of the Kannapolis Property; and Property; and CONCORD, THAT: easements as described below: Stadium Drive - Cabarrus County Property Lying and being in Township Number Five (5), Cabarrus County and being a portion of ap parcel of property labeled as Stadium! Drive 3.91 Acres or 170,332.42 Square Feet as shown on the map titled, "Map 1 of 2, Stadium Drive Right of Way City of Concord" as recorded in Map Book 91, at Pages 10 of the Cabarrus Lying and being in Township Number Five (5), Rowan County and being a portion ofa parcel of property labeled as Stadium! Drive 3.91 Acres or 170,332.42 Square Feet as shown on the mapi titled, "Map 2 of2 Stadium Drive RightofWay County Registry. Stadium Drive Rowan County Property 206 City of Concord" as recorded in Map Book 9995, at Page 9994 of the Rowan The property described herein is subject to all rights-of-way, easements and restrictions of record, including the riparian rights of the Grantor to Lake Fisher. 2. The City Manager, City Clerk and City Attorney are hereby authorized to take all necessary steps and to execute the necessary documents in order to affect the conveyance of the stated street and sidewalk easements in accordance County Registry. with this resolution. 3. This resolution shall be effective upon passage. Adopted this 12th Day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim J. Deason, City Clerk CONSENT AGENDA ITEMB The following resolution was adopted designating the City Manager, or his appointee, to act as Deputy City Clerk ini the absence of the City Clerk. RESOLUTION CITY CLERK SIGNATURE AUTHORITY WHEREAS, the General Statutes allow the Governing Board authority to authorize the Deputy City Clerk to perform certain City Clerk duties if designated; and WHEREAS, N.C.G.S. 160A-171 provides there shalll be a city clerk who shall give notice of meetings of the council, keep a journal of the proceedings of the council, be the custodian of all city records, and shall perform any other duties that may be required by WHEREAS, N.C.G.S. 160A-172 provides that the council may provide for a deputy city clerk who shall have full authority to exercise and perform any oft the powers and duties NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Concord, 1. The City Manager, or an Assistant City Manager, shall have the authority tos sign documents and administer the City Seal on behalf of the City Clerk This Resolution shall become effective immediately upon adoption. law or the council.; and of the city clerk that may be specified by the council. North Carolina, does hereby approvelauthorize the following: in his/her absence. 2. Adopted this 12th day of May 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: /s/ Kim J. Deason, City Clerk CONSENT AGENDA ITEMC 207 The Rider Transit Title VI Program Plan was approved. CONSENT AGENDA ITEMI D The Police Department was authorized to apply for the competitive 2022 Office of Community Oriented Policing Services (COPS) Hiring Program Grant. CONSENT AGENDA ITEMI E The maintenance agreements were approved and the offers of dedication were accepted on the following properties: Rowan-Cabarrus Young Men's Christian Association, M/I Homes of Charlotte, LLC, and M/I Homes of Charlotte, LLC. CONSENT AGENDA ITEMF The offer of infrastructure was accepted ini the following subdivision and site: Sealand Offices. CONSENT AGENDA ITEMG G Thei following budget ordinance was adopted appropriating a donation of $1,500t to Run Cabarrus. ORD.#22-53 AN ORDINANCE TO AMEND FY 2021-2022 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did ont the 10th day of. June, 2021, adopt a City budget fori thei fiscal year beginning July1 1,2021andending WHEREAS, it is appropriate to amend the expenselexpendntures and the revenue NOW, THEREFORE, BE IT ORDAINED byt the City Council oft the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are on June 30, 2022, as amended; and accounts int the funds listed for the reason stated; hereby amended as follows: Revenues Account Title Current Budget $9,170,409 Amended (Decrease) Budget $9,171,909 Increase $1,500 $1,500 100-4370000 Fund Balance Approp Total ExpenseslExpendtures Current Budget $1,500 Amended (Decrease) Account 4190- 5470043 Title Budget $3,000 Increase $1,500 $1,500 Golf Tournaments Total Reason: Toappropriate reserves from the Mayor's Golf Tournament to Run Cabarrus for support of youth athletics. 208 Adopted this 12th day of May, 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 ITEMH A donation of $2,500 from the Mayor's Golf Tournament Fund to The Officer Jason Shuping Memorial Public Safety Endowed Scholarship for Basic Law Enforcement Training was approved the following budget ordinance was adopted. ORD.#22-54 AN ORDINANCE TO. AMEND FY 2021-2022 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day ofJune, 2021, adopt a City budget for the fiscaly year beginning July1,2021 and ending 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 on June 30, 2022, 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 $2,500 $2,500 100-4370000 Fund Balance Approp $9,168,909 $9,171,409 Total ExpenseslExpenditures Current Budget $0 Amended (Decrease) Budget $2,500 Account Title Increase $2,500 $2,500 4190-5470043 Golf Tournaments Total Reason: To appropriate reserves from the Mayor's Golf Tournament to The Officer Jason Shuping Memorial Public Safety Endowed Scholarship. Adopted this 12th day of May, 2022. 209 CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /sl William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMI The following budget ordinance was adopted to amend the FY21/22 budget for the Airport Operations to appropriate grant funds received. ORD.#22-55 CAPITAL PROJECT ORDINANCE Airport Rescue Grant BEI IT ORDAINED byt the City Council oft the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following project SECTION 1. The project authorized and amended is the Airport Rescue Grant. 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. The following revenues are anticipated tol be available tot the City of Concord ordinance is hereby ordained: projects. fort the project: Revenues Current Amended (Decrease) 8,250,893 10,853,921 2,603,028 Account 451-4357300 451-4357300 Federal Aid Title Budget Budget Increase Total 2,603,028 SECTION4 4. The following amounts are appropriated for the project: ExpenseslExpendures Current Amended (Decrease) Account 6308-5986000 Title Budget 0 Budget Increase 6308-5986000 Transfer to Aviation 2,603,028 2,603,028 Total 2,603,028 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 210 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 shalll bet filed with the City Manager, Finance Director, and City Clerk for direction in carrying SECTION7. The Finance Director is directed to report on thet financial status of this project ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 12th day of Control Act of the State of North Carolina. out this project. unusual occurrences. May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /sl Kim Deason, City Clerk Is/ Valerie Kolczynski, City Attorney CONSENT AGENDA ITEM. J The following amendments were adopted fort the general fund operating budget and the general capital reserved fund to complete the yearend transfer for future projects listed int the City's Capital Improvement Plan. ORD.#22-56 AN ORDINANCE TO AMEND FY: 2021-2022 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of. June, 2021, adopt a city budget for the fiscal year beginning July1,2021 and ending WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BEI 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 on June 30, 2022, 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 3,000,000 3,000,000 100-4370000 Fund Balance Appropriated 9,168,909 12,168,909 Total ExpenseslExpendtures Current Budget Amended Budget (Decrease) Increase Account Title 211 4190-5981500 Transfer to Cap Reserve 0 3,000,000 3,000,000 3,000,000 Total Reason: To transfer reserves from FYE2021 to the General Capital Reserve to fund capital projects. Adopted this 12th day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney ORD.#22-57 CAPITAL RESERVE FUND ORDINANCE BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 18-22 Chapter 159 of the General Statutes of North Carolina, the following Capital Reserve Fund ordinance is hereby adopted/amended: SECTION 1. The purpose authorized is to accumulate funds for future projects and capital outlay as listed in the City's Capital Improvement Plan. Funds will be accumulated until such time the City Council designates the funds for projects. The General Fund will serve as the funding source for the Capital Reserve Fund upon City Council approval and withdrawals must be approved by City Council through an SECTION2. The City Manager is hereby authorized to proceed with the implementation SECTION 3. The following revenues are anticipated to be avalablelexpenditures anticipated to be expended to the City of Concord for this fund & the following amounts ordinance. and amendments of the fund. are appropriated for the project: Fund 285 General Capital Reserve Fund Budget Amended Budget Inc.(Dec) From General Fund Future Projects 285-4501100 285-4501100 8150-5811082 8150-5811082 $28,031,178 $31,031,178 $18,788,387 $21,788,387 $3,000,000 $3,000,000 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 of the State of North Carolina. 212 SECTION 5. Within five (5) days after adopted, copies of this capital reserve fund amendmentsladoption shall be filed with the City Manager, Finance Director, and City SECTION 6. The Finance Director is directed to report on the financial status of this fund in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council oft the City of Concord, North Carolina this 12thday of Clerk for direction in carrying outt the purpose of this fund. Manager any unusual occurrences. May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Isl William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk /s/ Valerie Kolczynski, City Attorney CONSENT AGENDA ITEMK The following amendments were adopted to amend the American Rescue Plan Fund grant project budget and the General Fund Capital Project fund. ORD.#22-58 GRANT PROJECT ORDINANCE American Rescue Plan Fund BEITORDAINED by the City Council of the City of Concord, North Carolina thatp pursuant to Section 13.2 Chapter 159 oft the General Statutes of North Carolina, the following grant SECTION 1. The project authorized is various projects funded by the American Rescue SECTION2 2. The City Manageri is hereby authorized to proceed with thei implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. The following revenues are anticipated tol be available tot the City of Concord project ordinance is hereby amended: Plan Funds. projects. for the completion of the projects: Revenues Current Budget Amended Budget (Decrease) Increase Account Title SECTION 4. The following amounts are appropriated for the project: ExpenselExpenditures Current Budget 10,000,000 2,000,000 0 Amended Budget 8,000,000 (Decrease) Increase (8,000,000) 8,000,000 $0 Account Title 3300-5811082 Future Projects 3300-5987000 Transfer toF Project Fund Total SECTION 5. Accounting records aret tol be maintained by thel Finance Department oft the 213 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 thel Local GovernmentBudget 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 12th day of Control Act of the State of North Carolina. carrying out this project. Manager any unusual occurrences. May, 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. #22-61 CAPITAL PROJECT ORDINANCE General Capital Projects BEITO ORDAINED by the City Council of the City of Concord, North Carolinai that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the SECTION 1. The projects authorized are General Capital Projects for Equipment- 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 tot the City of following project ordinance is hereby ordained: Capital. specifications for the projects. Concord for the project: Revenues Current Amended (Decrease) Account 430-4501330 430-4501330 Title Budget 0 Budget Increase 8,000,000 From Amer Res Plan 8,000,000 8,000,000 Total SECTION4. The following amounts are appropriated for the project: ExpenseslExpendtures Current Amended (Decrease) Account Title Budget Budget Increase 214 8800-5811285 8800-5811285 Fleet Srvcs Facility 810,100 8,810,100 8,000,000 Total 8,000,000 SECTION5 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 ort 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 State of North Carolina. SECTION 6. Within five (5) days aftera adopted, copies oft this 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 ont 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 12th carrying out this project. Manager any unusual occurrences. day of May, 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /sl VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMI L The following amendment was adopted to amend the FY21/22 budget for the general fund to appropriate insurance reimbursements received. ORD.#22-59 AN ORDINANCE TO AMEND FY2021-2022 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of June, 2021, adopt a City budgetf fort thet fiscaly year beginning July1,2021 ande ending WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE ITC ORDAINED byt the City Council oft the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are on June 30, 2022, as amended; and accounts in the funds listed for the reason stated; hereby amended as follows: Revenues Account Title Current Budget $112,903 Amended (Decrease) Budget $146,336 Increase $33,433 100-4353100 Insurance Reimbursement 215 Total $33,433 Expensestxpendtures Current Budget $51,365 Amended (Decrease) Budget $298,058 $53,631 Account Title Increase $15,008 $16,199 $2,226 $33,433 4310-5540000 Vehicles Capital 4540-5351000 Equipment = Capital $1,370,944 $1,385,952 4340-5351000 Maintenance - Buildings $281,859 Total Reason: Toa appropriate insurance proceeds received. Adopted this 12th day of May, 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 M budget to actual projections. The following ordinance was adopted to amend the HOME American Rescue Plan ORD.#22-60 GRANT PROJECT ORDINANCE 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 SECTION 1. The project authorized are projects included in the HOME American SECTION2. The City Manager is hereby authorized to proceed with thei implementation of the project within terms of a grant agreement with the United States Department of Housing and Urban Development Office of Public and Indian Housing. SECTION 3. The following revenues are anticipated to be available to the City of following grant project ordinance is hereby ordained: Rescue Plan Grant. Concord for the project: Revenues Current Budget $0 Amended (Decrease) Budget $4,772,338 $4,772,338 Account 329-4334640 329-4334640 Title Increase Home ARP Revenue 216 Total $4,772,338 SECTION 4. The following amounts are appropriated to the project: ExpenseslExpendtures Current Budget $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Amended (Decrease) Budget $112,716 $8,228 $13,016 $11,736 $4,304 $2,720 $279,000 $15,000 $2,500 $3,000 $263,630 $736,698 $3,319,790 $3.319.790 Account 3290-5121000 3290-5121000 Regular 3290-5181000 3290-5181000 FICA 3290-5182000 3290-5182000 Retirement-General 3290-5183000 3290-5183000 Group Insurance 3290-5187000 3290-5187000 401K Contribution 3290-5191000 3290-5191000 Accounting/Audit 3290-5194000 3290-5194000 Contract Services 3290-5299000 3290-5299000 Supies-Departmental 3290-5312000 3290-5312000 Travel & Training 3290-5370000 3290-5370000 Advertising 3290-5484100 3290-5484100 Consortium. Admin Exp 3291-5480011 3291-5480011 New Construction 3291-5484200 3291-5484200 Consortium Project Exp Title Increase $112,716 $8,228 $13,016 $11,736 $4,304 $2,720 $279,000 $15,000 $2,500 $3,000 $263,630 $736,698 $4.772,338 Total SECTION 5. Accounting records are 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 by the City Council of the City of Concord, North Carolina this 12th day of Fiscal Control Act of the State of North Carolina. carrying out this project. Manager any unusual occurrences. May 2022. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA 217 Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMN The quarterly report on water and wastewater extension permits issued by the Engineering Department for the first quarter of 2022 was received. CONSENT AGENDA ITEMO CONSENT AGENDA ITEMP CONSENT AGENDA ITEMQ The Tax Office collection reports for the month of March 2022 was accepted. The Tax releases/refunds for the month of March 2022 were approved. The monthly report on the status of investments as of March 1, 2022 was received. Amotion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to conduct a closed session in accordance with N.C. General Statute 143- 318.11(a)(3) to consult with the Attorney to protect the attorney-client privilege and to consider and give instructions concerning a potential or actual claim, administrative procedure, orj judicial action, and to consider and give instructions concerning aj judicial action titled Crescent Acquisitions, LLC VS. City of Concord--the vote: all aye. A motion was made by Council Member Sweat, seconded by Council Member McKenzie, 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 Mayor Pro-Tem Crawford, and duly carried, to adjourn-the vote: all aye. AELA William C. Dusch, Mayor City Clerk aa ADpa