103  CONCORD CITY COUNCIL REGULAR MEETING MARCH 10, 2022  Ar regular meeting of the City Council for the City of Concord, North Carolina, was held in the 3td floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on March 10,  2022, at 6:00p 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 ar moment of silent prayer. Approval of Minutes: 10, 2022-the vote: all aye.  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to approve the minutes for the meetings of January 28, February 8, and February  Presentations:  1. Mayor Dusch presented the Order of the Long Leaf Pine to former City Council Member and Water Sewer Authority of Cabarrus County (WSACC) Board 2. Mayor Dusch presented a retirement plaque to Tom Bach for over 7 years of  Member, Dave Phillips.  service to the City of Concord Water Resources Department.  3.  Mayor Dusch presented: a Proclamation recognizing Women's History Month  toJudge Juanita Boger-Allen. Persons Requesting to be heard: allocation for the Skybrook development.  1. Scott Moore, Skybrook Development, addressed the Council in regards to sewer 2. Jessi Wyre addressed the Council in regards to the existing separation requirements for tattoo parlors. She stated she is a permanent makeup artist and her business is classified as a tattoo parlor. With the separation requirements in place, she cannot open her business. She requested the Development Ordinance be amended.    104  3.  Roland Jordan addressed the Council regarding several issues within the City of  Concord he feels should be addressed.  Public Hearings: Caudle.  1. Conduct a public hearing and consider adopting an ordinance annexing +l- 2.553 acres of property located at7995 Old Holland Rd, owned by' William and Mary The request is for voluntary annexation of +/-2.553 acres ofp property located at 7995Old Holland Rd, owned by William and Mary Caudle. If annexed, the petitioner intends to apply for the RC-CD (Residential Compact Conditional District) zoning classification in order to construct a multi-family development. The development would split the County A motion was made by Council Member McKenzie and seconded by Council Member The Planning and Neighborhood Development Services Planning Manager, Starla Rogers, explained the location of the subject property and the adjacent zoning John Carmichael, developer, spoke int favor of the request. He explained that nine duplex units (18 dwelling units) would be developed on the Concord/Cabarrus County side of the County line. He stated the Mecklenburg County site is already being considered for Council Member McKenzie asked how many units are proposed for the Mecklenburg County site. Mr. Carmichael stated 50 duplex style units and 198 multi-family homes are proposed for the Mecklenburg County side of the development. He also stated the Mecklenburg County property is subjectt to at rezoning request that has not been approved Council Member McKenzie asked if the Mecklenburg County site already had sewer allocation. Developer, lan Hall, stated that it is the development company's understanding that the sewer allocation would be served from the Charlotte water allocation from the Rocky River Plant. Council Member McKenzie asked if the sewer line would extend to the units on the Concord side. Mr. Hall stated the Concord properties would be served by the Water Sewer Authority of Cabarrus County (WSACC). Council Member McKenzie asked if the annexation request was denied would it put the project at risk. Mr. Carmichael stated that denial of the annexation would put the whole The Water Resources Director, Jeff Corley, stated Concord would only be allocating Council Member Parsley-Hubbard asked if the applicants and developers understand the allocation issues the City is having at the moment. The developers stated they did With there being no further speakers sign up to speak in favor or in opposition, a motion was made by Council Member McKenzie and seconded by Council Member Sweat to Council Member McKenzie stated he is concerned with sewer allocation to the proposed units on the Concord side of the County line. He stated he was not comfortable annexing the property, which would mean additional units for allocation consideration. Discussion was held regarding sewer allocation for the proposed annexation request. Mayor Pro-Tem Crawford stated that annexation is what is being requested, but, in his opinion, it would be leading the developer along if approve the annexation and not  line with 18 dwelling units proposed in Cabarrus County/Concord. Sweat to open the public hearing-the vote: all aye.  classification.  approval.  yet, but is in the process.  project at risk.  sewer for the proposed 18 units. understand the allocation issue.  close the public hearing- -the vote: all aye.    105  approve sewer allocation.  A motion was made by Council Member Parsley-Hubbard and seconded by Council Developer, David Niekamp, spoke int favor of the request. He provided al brief background of the proposed development. He stated his company began working on the proposed development in 2020, prior to the sewer allocation issues. He stated in 2020 Concord did issue a sewer allocation letter for the proposed development. Mr. Niekamp further stated the property is being purchased for the purpose of developing the proposed development but in order for the purchase transaction to move forward annexation is needed. Mr. Niekamp stated that they understand there may not be sewer allocation for the development at the present time and they understand that the Mecklenburg County site will be served by Charlotte Water. He stated they understand the constraints and are willing to wait until 2024 for sewer allocation for the project, even though the process began in 2020 and they received an allocation letter from the City of Concord. He stated they would go ahead and put a sewer allocation request in case there is a chance Mayor Dusch asked if sewer allocation is received from Charlotte Water would they move forward with the development on the Mecklenburg side. Mr. Niekamp stated they would Council Member King confirmed that the developers are willing to wait for sewer allocation until 2024. Mr. Niekamp confirmed that they need the annexation to move forward with the purchase of the property and they are willing to wait until 2024 to receive sewer With there being no further comments from the applicants, a motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to close the reopened public A motion was made by Council Member Parsley-Hubbard and seconded by Council Member King to adopt the annexation ordinance and set the effective date for March 10th, 2022--the vote: aye - Langford, King, Stocks, Crawford, Parsley-Hubbard, and Sweat;  Member Sweat to reopen the public hearing--the vote: all aye.  allocation could be approved prior to 2024.  move forward should they get allocation from Charlotte Water.  allocation for the project on the Concord side of the County line.  hearing--the vote: all aye.  nay McKenzie.  ORD.#22-33  AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF CONCORD, NORTH CAROLINATO INCLUDE2.553 ACRES OF PROPERTY WHEREAS, the City Council has been petitioned under G.S. 160A-58.1 by John Carmichael, Robinson, Bradshaw and Hinson, on March 10th, 2022 to annex the area WHEREAS, the City Council has by resolution directed the City Clerk to investigate the WHEREAS, the City Clerk has certified the sufficiency oft thep petitions and a public hearing on the question of this annexation was held at Concord City Hall, 35 Cabarrus Avenue West, on March 10, 2022 after due notice by The Independent Tribune on February 27th, 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  LOCATED AT 7995 OLD HOLLAND RD, CHARLOTTE, NC  described below; and sufficiency of the petitions; and  2022; and 58.1; Carolina, that:    106  SECTION 1. Byvirtue oft the authority granted by G.S. 160A-58.1,1 thet following described territory is hereby annexed and made part of the City of Concord, as of the 10th day of ALL that certain lot or parcel of land situate, lying, and being in Cabarrus County, North BEGINNING ata calculated pointi int the centerline of Old Holland Road, a6 60' Public Right Of Way, as described in Deed Book 14195, page 302 of the Cabarrus County Registry and marking the southeast comer of Addison Concord, LLC (now or formerly) as described in Deed Book 14194, page 283; THENCE with the centerline of Old Holland Road the following two (2) courses and distances: 1) South 04 degrees 45 minutes 59 seconds West, a distance of 207.15 feet to a calculated, point; 2) THENCEa curve to the right having an arc length of 260.32 feet, a radius of 433.24 feet, being subtended by a chord bearing of South 21 degrees 21 minutes 52 seconds West, a distance of 256.42 feet to a calculated point along the Mecklenburg County and Cabarrus County line; THENCE with the county lines North 48 degrees 41 minutes 51 seconds West, a distance of492.34 feet to a calculated, point along the southern property line of Addison Concord, LLC (now or formerly) as described in Deed Book 14194, page 283; THENCE along the property line of Addison Concord, LLCt the following two (2) courses and distances: North 76 degrees 01 minutes 03 seconds East, a distance of 81.53 feet to a new #5 rebar; 2) THENCE North 75 degrees 55 minutes 52 seconds East, a distance of 413.81 feet to a calculated point along the centerline of Old Holland Road, passing an existing #4 rebar at a distance of 211.43 feet and an existing #5 rebar at a distance of 384.72 feet, which is the POINT OF BEGINNING, having an area of 2.553 Acres, more or less. SECTION 2. Upon and after the 10th day of March, 2022 the above-described territory and its citizens and property shall bes subject to all debts, laws, ordinances and regulations int force in the City of Concord and shall be entitled to 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 in the office of the Register of Deeds of Cabarrus County, and in the Office of the Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1above, 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  March 2022:  PINs: 4588-99-5811, 4588-99-2789, and 4588-99-4654  Carolina, and more, particularly described as follows:  according to G.S. 160A-58.10.  Concord.  Adopted this 10th day of March 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim J. Deason, City Clerk Presentations of Petitions and Requests:  Is/ Valerie Kolczynski, City Attorney  1.  Consider adopting a resolution authorizing the City Manager to enter into a lease agreement with Zato LLC for real property located at 30 Church St, S, and the adjacent plaza, for a ten-year term with an option to renew for one five-year term.    107  30 Church Street S is owned by the City of Concord. Staff has worked with Zato LLC, the North Carolina-based limited liability corporation that holds the franchise for Benny's Zato LLC is prepared to invest an estimated $300,000 in the building and adjacent plaza space for Benny DaCorsa's Pizza. Zato LLC would pay an annual lease rate of $6,396 for years 1-5 and $8,000.04 for years 6-10, with an option to renew for one five-year term Benny's would be responsible for all upfit costs and maintenance to the interior of the building for the duration of the lease. City of Concord would be responsible for the envelope of the building (e.g. the roof and exterior walls). Based on a current assessment of the roof, the City would spend $5,000 to seal the existing roof and extend its life by at Amotion was made by Council Member Stocks and seconded by Council Member King to adopt the following resolution authorizing the City Manager to enter into a lease agreement with Zato LLC for the real property located at 30 Church St, S, and the adjacent plaza, for a ten-year term with an option to renew for one five-year term--the  Pizza, to develop a proposed lease agreement.  at rates set forth in the lease agreement.  least 10 years.  vote: all aye.  RESOLUTION TO LEASE PROPERTY  WHEREAS, pursuant to N.C. Gen. Stat. S 160A-272, and General Assembly of North Carolina 1985 Session Chapter 355, HB 503, the City Council of the City of Concord, North Carolina has determined that the real property of the City located at 30 Church Street S., Concord, NC will not be needed by the City until December 2038 ati the earliest; WHEREAS, the City Council desires to lease the real property of the City described above to Zato, LLC, a North Carolina limited liability company for an annual lease payment of $$6,396.00 for years 1-5 and $8,000.04 for years 6-10, for a term beginning upon execution, with an option to renew for one five (5) year term at rates set forth in the lease WHEREAS, the City Clerk has caused to be published at least 30 days prior to March 10, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Concord that the City Council hereby authorizes the Mayor, City Manager and City staff to take necessary steps to execute the lease of the real property of the City located at 30 Church  and  agreement; and  2022, a notice as required by N.C. Gen. Stat. $160A-272;  Street S., Concord, NC. Adopted this 10th day of March 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim J. Deason, City Clerk Street, NW and being described as 0.021 acres.  2. Consider adopting a resolution authorizing an eminent domain action fora portion of the property located at the corner of 285 Academy Avenue, NW and Duval Title to this property is currently in the names of the heirs of Louis D. Duval and of J.L. Hartsell, who purchased the property in 1898. Due to various issues with the title to the property, clear title cannot be conveyed by any entity. The tax value of the entire lot property is listed at $34,000. The value of the 0.021 acre portion is estimated to be $500    108  based upon the overall tax value and the location of the subject portion. This eminent domain action is requested for the purpose of making the full lot available for affordable Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adopt the following resolution authorizing an eminent domain action for a portion of the property located at the corner of 285 Academy Avenue, NW and Duval  housing.  Street, NW and being described as 0.021 acres--the vote: all aye.  RESOLUTION. AUTHORIZING 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 real property parcel identified LYING AND BEING in Township Number Twelve (12) of the City of Concord, North Carolina, being a triangular-shaped lot located on the northeast corner of Duval Street NW and Academy Avenue NW and being more particularly described as follows: Beginning at a set %" rebar, said rebar being located at the intersection of the right-of- way of Academy Avenue NW (40' Public RW) and the right-of-way of Duval Street NW (Variable Public RWW), thence with the right-of-way of Academy Avenue NW (40' Public RWW), N 47°53'50" E27.12 feet to a found %" rebar, said rebar being a common corner with now or formerly Habitat for Humanity Cabarrus County (Deed Bk. 11995, Pg. 269); thence with the property of now or formerly Habitat for Humanity Cabarrus County (Deed Bk. 11995, Pg. 269), S 37°47'44" E 66.71 feet to a set %" rebar, said rebar being located on the right-of-way of Duval Street NW (Variable Public RW); thence with the right-of- way of Duval Street NW (Variable Public RW), N 60°29'16" W 70.10 feet to the POINT AND PLACE OF BEGINNING and containing 0.021 Acres and is shown on a map titled, "0.458 Acres -A Academy Avenue NW" dated January 5, 2021 by NorStar Land Surveying, WHERAS, the real property parcel, currently owned by all heirs known and unknown of Louis D. Duval and all heirs known and unknown of J.L. Hartsell is being acquired for the purpose of the construction of affordable housing along with all fixtures and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF The City of Concord will acquire by eminent domain for the purposes stated above the The City Attorney is authorized and directed to institute the necessary proceedings under Chapters 157 and 40A of the North Carolina General Statutes, to acquire the properties  and defined, as follows:  Inc. and is attached as Exhibit Ai for further reference.  appurtenances; and CONCORD, THAT:  property and interest described above.  described above.  Adopted this 10th day of March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim J. Deason, City Clerk  3. excess funds.  Consider authorizing the Concord ABC Board to retain previously approved    109  In. June 2021, the Concord ABC Board received approval from City Council to retain excess working capital funds in the amount of $1,463,251 to complete a new ABC store location on George W. Liles Blvd. The last payment on the building has been made and ab balance of $789,000 is remaining. The Concord ABC Board is requesting to retain the previously approved funds to assist with plans to construct a warehouse expansion. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to authorize the Concord ABC Board to retain previously approved excess funds toa assist with construction of an expansion to the existing warehouse--the vote: all aye. Consider authorizing the City Manager to negotiate and execute a contract with Kongsberg Defence & Aerospace for a ground lease to install a remote tower. Kongsberg Defence & Aerospace would lease ground space at the airport to install a mast for a' "virtual tower". This will be a demonstration project to obtain FAA certification to provide ATC Services at airports from a remote control room with video-sensor type surveillance equipment instead of' out-of-the-window" views from a traditional. ATCt tower. The objective is to provide consistent, high-quality ATC services in a more efficient and cost effective manner. The video equipment provides real-time imagery of the runway, airfield and nearby airspace on large monitors providing a 360-degree virtual view to the controllers. In addition to the live video feed, the controllers have all the same air traffic management computer systems as they would in a local control tower including voice A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to authorize the City Manager to negotiate and execute a contract with  4.  communication, meteorological data, and flight plans. Kongsberg Defence & Aerospace--the vote: all aye.  5.  Consider adopting a resolution to amend and restate the Articles of The Concord Family Enrichment Association (CFEA) has voted to amend the articles of incorporation (AOI) for the corporation. The amended AOI, upon adoption, officially changes the name of the corporation from CFEA to WeBuild Concord and amends the corporation's registered agent and address. Other amendments, as stated, allow the Board of Directors more latitude and authority in making decisions on behalf of the corporation to include acquisitions, encumbrances, property disposition, revising the bylaws, and other functions related to the daily operation of the corporation. A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to adopt the following resolution to amend and restate the Articles of Incorporation fori the Concord Family Enrichment Association--the vote: all aye.  Incorporation for the Concord Family Enrichment Association.  RESOLUTION AUTHORIZING AMENDMENT AND RESTATEMENT OF ARTICLES OF INCORPORATION OF WEBUILD CONCORD, FORMERLY CONCORD FAMILY ENRICHMENT ASSOCIATION  WHEREAS, The original Articles of incorporation of Concord Family Enrichment Association were filed with the Secretary of the State of North Carolina on July 16,2019; WHEREAS, the Articles of Incorporation required approval of any amendment thereto by WHEREAS, Concord Family Enrichment Association wishes to amend its Articles of NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. The City Council of the City of Concord approves the Articles of Incorporation as  and  the City of Concord; and  Incorporation as shown on the attached, Exhibit. A.  CONCORD, THAT:  Amended and Restated. Adopted this the 10th day of March, 2022.    110  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk  6.  Considerapproving an application for the Construction Training Partnership tor receive $65,000 in funding from the North Carolina Housing Finance Agency. The Construction Training Partnership (CTP) is aj joint effort between the North Carolina Housing Finance Agency (NCHFA) and the North Carolina Home Builders Association (NCHBA) to train disadvantaged residents of limited financial means for jobs within the construction industry while assisting the community with affordable housing efforts. NCHBA facilitates two (2) eight-week sessions limited to an average of 9 students per class. The first 5-6 weeks consists of classroom based learning accompanying daily hands-on training. The final 2-3 weeks are completed working at an actual job site overseen byt the instructor. After each week of class, participants are given various tools The program is designed to equip students with the basic skills and tools needed to enter the construction field. The program requires a $65,000 match by the City of Concord, allocated by Concord to NCHBA to be used to purchase materials, pay the instructor, secure a site, and other Class-related expenses. Since the program start date is July 1, 2022, this match can be part of the annual budget process if the City is awarded the funding from the NCHFA. The NCHFA portion would be allocated for Concord to use on ar newly constructed home or rehabilitation project that benefits a homeowner or renter Ar motion was madel by Council Member King and seconded by Council Member Langford to approve the submission to the Construction Training Partnership for $65,000 int funding 7. Considerauthorizing the City Manager to negotiate a contracti in the amount of $745,000 with Office Environments for purchase of furniture, fixtures and Electric staff evaluated Furniture, Fixtures and Equipment (FFE) suppliers and selected Office Environments to partner with on design of all needed FFE for the new Electric Systems Operations Center. The new building contains 38 offices, 3 conference rooms, all lunch room, an auditorium and 6 workshops which will require considerable FFE items including desks, chairs, tables, work-tables, collaboration areas, auditorium seating, Office Environments has worked closely on the design with the Architect and Design- Build contractor for the site and has produced a design and associated costing model. The overall cost of $745,000 willi include design, materials, installation and construction management. Alli items willl be purchased" viai the pre-bid North Carolina State Department of Administration 420A contract which the City of Concord is a member of. A motion was made by Council Member Stocks and seconded by Council Member McKenzie to authorize the City Manager to negotiate a contract in the amount of $745,000 with Office Environments for purchase of furniture, fixtures and equipment related to the  of the trade.  who is 80% or below area median income.  from the North Carolina Housing Finance Agency-the vote: all aye.  equipment related to the new Electric Operations Center.  lockers and other associated equipment.  new Electric Operations Center-the all aye.    111  8. Consider authorizing the City Manager to negotiate a contract with Visual Sound Inc. for $320,468.14 for the Electric Systems Operations Center grid control The new Electric Systems Operations Center will utilize a state-of-the-art Control Center for grid monitoring and control. The system will consist of engineering services, a 6x3 monitoring wall, video control system server, all associated cabling, installation and all Bid specifications detailing the grid video control system were developed and formal bids were received on February 9, 2022. Three bids were received and evaluated for adherence to the bid specifications, pricing and responsiveness of the bidders. The low bidder, Visual Sound Inc. was determined to be a responsible and responsive bidder. Evaluation of their work history proves them to be a quality partner for this project. Total cost for the engineering, equipment and installation comes in at $256,403.03, which includes a two-year equipment warranty. A three-year extension of the manufacturer's equipment warranty coupled with a five-year service and support package will provide five years of full coverage for the entire system at a cost of $64,065.11. Total cost of the system including the five-year extended warranty/service package comes to A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to authorize the City Manager to negotiate a contract with Visual Sound Inc. in the amount of $320,468.14 for purchase of a grid control system engineering, equipment,  video system and five-year warrantylservice package.  software platforms.  $320,468.14.  installation and five-year warranty/service package-the vote: all aye. Ordinances, Chapter 34, Fire Prevention and Protection.  9.  Consider adopting an ordinance amending the City of Concord Code of  The proposed amendments would address inconsistencies in the establishment of the Fire Marshal's Office and appointment of the Fire Marshal, requirements for lock boxes placed on commercial properties along with updating which version of the North Carolina Fire Code is currently adopted. Other language has been updated to remain consistent with the current version of the North Carolina Building Codes. Also, Sec.34-81, Records of Inspection of Fire Protection Systems, has been added to designate how inspection A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Langford to adopt the following ordinance amending the City of Concord Code of Ordinances, Chapter 34, Fire Prevention and Protection--the vote: all aye.  reports are submitted to the Fire Marshal's Office.  ORD#22-21  AN ORDINANCE AMENDING PORTIONS OF CHAPTER 34 OF THE CONCORD WHEREAS, the City Council of the City of Concord, North Carolina, has adopted a Code WHEREAS, the City Council of the City of Concord is authorized from time to time to WHEREAS, the City Council of the City of Concord recognizes the need to amend the Concord Code of Ordinances of the City of Concord and hereby adopts the following NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North Carolina, after due consideration and in the best interests of its citizens and property of Section 1. All references to the North Carolina Fire Prevention Code are hereby deleted  CODE OF ORDINANCES  ofC Ordinances; and  amend the Concord Code of Ordinances of the City of Concord; and  changes to the Code. Concord, that:  and replaced with North Carolina Fire Code.    112  Section 2. All references to district chief are hereby deleted and replaced with division Section 3. That Article I Chapter 34, Section 34-2-Fireworks, of the Concord Code of Sec. 34-2(d)(4) - North Carolina State Building Code - Fire Code Chapter 56. Section 4. That Article I Chapter 34, Section 34-3 - Lock boxes of the Concord Code  chief.  Ordinances be hereby amended and restated as follows:  of Ordinances be hereby amended and restated as follows:  (a) Required.  (1) All commercial enterprises or industries in the city which use, store or manufacture, process or produce hazardous materials that must meet the criteria ofa Class C or D hazardous substance under G.S. 95-191 et seq, or under Title III of the Federal Superfund Amendments and Reauthorization Act and the regulations promulgated thereunder, must have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be (2)Alli information requested on the city fire department data storage sheets must be provided on the forms provided by the city fire department, or ina substantially similar format, and must be placed in the data storage box. Such information must be kept up to date to ensure its accuracy. (2) The city may also secure injunctive and other appropriate equitable remedies to ensure compliance with this chapter, as provided by G.S. 160A-175. (1) Whereas the city recognizes that certain commercial enterprises maintain 24- hour on-site security and emergency responses, such enterprises may propose measures which will provide immediate access to vital information on a24-hour basis, 365 days per year. This information must meet the criteria of information stored in the lock boxes and be available to initial arriving  found.  (b) Contents, types and location of data storage box.  (c) Violations; enforcement.  (d) Exceptions.  emergency response vehicles.  Section 5. That Article 1, Chapter 34 Section 34-4- Open burning of the Concord Code  of Ordinances be hereby amended and restated as follows: (c) Exceptions. Exceptions shall include only the following:  (3) Bonfires, public or private, shall require a permit and are subject to approval of the fire department. Approval will be granted on the sole discretion of the fire a. The proximity of the proposed fire to dwellings, trees, woods and other d. Type of material to be burnt: must be naturally cut wood, three inches in diameter or smaller; no construction materials or building materials. e. The bonfire shall be no more than five feet by five feet by five feet in dimension f. Any and all other factors considered by thei fire department to be required to g. Such fires shall be maintained in accordance with the North Carolina Fire Code. Failure to maintain bonfires in accordance with this section shall constitute fire extinguishment and revocation of the permit. (4) Fires set for the purpose of disposing of waste propellants, explosives or pyrotechnics, including associated contaminated wastes must be necessary and the waste not able to be disposed of by any other means than burning. No  department based upon: structures. b. Facilities available for fire management. C.A Atmospheric conditions.  and shall burn no longer than three hours.  ensure safe burning.    113  materials shall be imported from off-site for disposal. A permit must be obtained (5). At the sole discretion sole discretion of the fire department, when there exists an extreme or emergency circumstance which lacks any other reasonable means of disposing of items which need to be disposed of, and not addressed in this section, the fire department may issue a permit to burn. These fires shall be limited to the disposal of material generated during a natural disaster, such as tornado, (6) Fires set as part commerciai film or video production activities for motion pictures and television or fires set as part of a planned civic event designed to a. The use of fireworks, pyrotechnic or flame effect devices used in conjunction with or to initiate such fires shall meet the following codes and standards: 1. NFPA 160- Standard for flame effects before an audience. 3. NFPA 1126 - Standard for the use of pyrotechnics before a proximate 4. North Carolina State Building Fire Prevention Code Chapter 56. 5. North Carolina General Statute Chapter 58 Article 82A - Pyrotechnics b. Any person seeking to conduct ai fire for such reasons shall obtain a permit and submit a plan in writing to the fire department at least 15 working days prior to 1. The name of the person, group, or organization responsible for the 2. ifapplicable, state pyrotechnic display operator license card/certificate of  fori fires used for this purpose.  hurricane or flood.  educate or otherwise benefit the public:  2. NFPA1123 - Code for fireworks display.  audience.  Training and Permitting.  the burn with the following information:  production;  the individuals to discharge pyrotechnics; 3. The date and time of the production; 4. The location of the production; 5. The duration of the burn; 6. A narrative description of the burn; 7. A site plan showing the following: iii. Means of egress;  i. ii.  The location of the audience; The area affected by the burn; iv. Fire protection features and locations. to be utilized by operators during the display.  8. PPE must be worn by operators during initiation or electronic firing controls (1) The fire official shall have the authority to summarily abate any condition that is in violation of this section and that presents an immediate fire hazard to life (2) Any open burning in violation of this section shall be extinguished by the (3) All costs incurred by the city for enforcement of this section will be the responsibility of the party in violation of this section and will be added to the (4) A civil fine shall be issued to any person or company violating the provisions of this section. The civil fine for residential violations shall be $50.00 and $100.00 for any repeat violation. The civil fine for commercial violations of this section shall be $500.00 per stack or pile and $1,000.00 per stack or pile for  (d) Violations and enforcement.  or property.  responsible party or the fire department.  fine.  any repeat violation by the same person or company.    114  (5) Violations oft this section shall be a misdemeanor as provided under G.S. 160A- 175 and 14-4. Each day's continuing violation shall constitute a separate and Section 6. That Article I, Chapter 34, Section 34-5. False Alarms, of the Concord Code  distinct offense as provided by G.S. 160A-175(g).  of Ordinances be hereby amended and restated as follows:  Sec. 34-5. False alarms.  (a) False alarms defined. Ai false fire alarm means the activation ofa at fire alarm system through mechanical or electronic failure, malfunction, improper installation, or the intentional acts or negligence of the alarm user, his/her employees or agents, to summon fire department personnel, unless fire department response was cancelled by the alarm company (designated by the alarm user) prior to fire department personnel arrival on the scene. An alarm is false within the meaning of this chapter when, upon inspection by the fire department, evidence indicates that not fire, smoke or other condition exists in or ont they premises which would have activated a properly functioning fire alarm system. Notwithstanding the foregoing, at false alarm shall not include an alarm which can reasonably be determined by the investigating officer to have been caused or activated by a violent condition of nature including but not limited to flood, hurricane, lightning, blizzard or other similar condition outside the alarm user's control. In addition, an alarm activated during an alarm system testing procedure shall not be considered a false alarm if the alarm user first notifies the fire department and notifies and receives permission from the user's alarm company, or designee, to test the system. This section shall not apply to burglar alarms or other types of alarms to which fire department response is neither required nor customary. (Reference Chapter 36 for additional information regarding alarms responded to by entities other than the (b) Civil penalty for false alarms. No civil penalty shall be incurred for the first or second false alarm occurring during any rolling 90-day period. The third occurrence ofa a false alarmi in any 90-dayrolling period shallr resulti ina a civil penalty of $250.00 or as specified in the then-current fees, rates and charges schedule adopted as part of the city annual operating budget. Each additional false alarm, in excess of three, occurring in the same rolling 90-day period shall result in additional civil penalties in accordance with this section. For the purpose of this section, a' "rolling" time period shall begin on the date ofi the first event and end 90 days from that datei if noi further events occur. Ifadditional events occur prior to the date thati is 90 days from the date of the first event, the 90 days may" "roll" forward until such time as 90 days pass without the occurrence of an event. (c) Duties ofi the alarm user, his/her employees or agents:  fire department.)  (1) Users shall maintain the alarm system and related premises in a matter that (2) Users shall respond to or cause a representative to respond to the alarm system's location within 30 minutes of being notified by the city fire department andlor city emergency communications to deactivate an alarm system; provide right of entry to the premises; provide alternative security for the premises; and/or take control of the premises upon fire department release of the (3) Users shall not manually activate an alarm system for any reason other than for the systems intended purposes; to perform an emergency evacuation drill (fire drill) as required the North Carolina Fire Code; or to perform routine maintenance as prescribed by alarm system provider, and only after notice to and permission for such testing from the alarm company and the city fire (4) Failure tot follow ther requirements of this section shall resulti in a fine of $250.00 per occurrence. This fine shall be assessed in addition to any other fines  will reduce or eliminate false alarms.  premises and departure.  department.    115  assessed under other sections of this chapter. In addition to this fine, neither the responding officer, nor the city fire department shall have, nor assume any responsibility for securing, guarding or otherwise protecting any real or personal property that may have become exposed during the event resulting in the alarm. In addition to any fines under this section, the property owner and/or alarm user may be prosecuted for violation of section 30-204(4) et seq.  regarding prohibited noises.  Section 7. That Article III, Chapter 34, Section 34-80 = Adoption, of the Concord Code  ofC Ordinances be hereby amended and restated to read as follows:  Sec. 57-80. Adoption.  (a) There is hereby adopted byt the city council of the City of Concord fori the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code, known as the North Carolina Fire Code adopted by the North Carolina Building Code Council. Amendments to the North Carolina Fire Code, which are adopted and published by thel North Carolina Building Code Council shall be effective on the date prescribed by the North Carolina State Building Code Council. The provisions of such code shall be controlling within the limits of the city. (b) The permits required by thef firer marshal's office shall be listed ini the fire department Section 8. That Article III, Chapter 34 Section 34-81. Records of Inspection of Fire Protection Systems, of the Concord Code of Ordinances be hereby amended to read as  inspection fee schedule.  follows:  Sec. 34-81. Records of Inspection of the Fire Protection Systems.  (a) The City of Concord designates Life Safety Inspection Vault, LLC, as the third-party single point repository of testing, service, maintenance and installation documentation fori fire protection systems within the city'sj jurisdiction as required by (b)AII certified contractors providing services, testing, installations, repair and/or maintenance of fire prevention systems to commercial facilities within the city are required to enroll and utilize the city approved single point repository service company for reporting the rendered service information. This reporting information must be filed with the single point repository service within five (5) working days of (c) The single-point repository service company shall organize, maintain and monitor the received records, providing information to the town and the commercial facility pertaining to the records status and timely notifications on required inspection timetables. Fees for this service shall be paid directly from the certifying contractor (d) In addition, a copy of the record of each periodic inspection, test, servicing, repairs andr maintenance shall be maintained on the commercial facilities premises, or other approved location, for a period of not less than three (3) years, unless a different period of time is specified in the North Carolina Fire Code or other appropriate standard. On site records shall be made available to the fire chief or his/her Section 9. That subsection (b) of Article III, Chapter 34, Section 34-86. Penalties. of the Concord Code of Ordinances be hereby amended and restated to read as (b) Civil penalties. In addition to or in lieu of criminal penalties set forth in subsection (a), violation of or failure to comply with the provisions of this Code shall, at the election of the city, subject the offender to a civil penalty in the amount of $500.00 or as specified int the then-current fees, rates and charges schedule adopted as part of the city annual operating budget upon the issuance of a citation for such violation  the referenced standards.  the completion of services to the commercial facility.  tot the city approved single-point repository service company.  designee, upon request.  follows:  Sec. 34-86. Penalties.    116  as provided in this article. Each day's continuing violation shall constitute a separate Section 10. That subsection (b)(2) of Article IB, Chapter 34 Section 34-87. Notice of violation; methods of service, of the Concord Code of Ordinances be hereby  and distinct offense as provided by G.S. 160A-175(g).  amended and restated as follows: (b) Methods of Service.  Sec. 38-84. Notice of violation; methods of service.  (2) When buildings or other premises are occupied by one other than the owner under al lease or other agreement, the orders or notices issued to correct violations of the code shall applyt to and shall be served upon the occupant; provided, however, that the record owner shall! be served with a copy of the document served upon the occupant. Where the order or notice requires corrective actions that dor not involve additions or changes to the premises themselves which may become part of the real property of the owner, then, failure to deliver an order or notice to the owner, if other than the occupant, shall not invalidate such order or notice. Where the order or notices require the making of additions to or changes in the premises themselves which may become part of the real property of the owner, then, in such cases, the orders or notices shall be issued to the owner of the premises or real property, and may also be issued to the occupant. Section 11. That Article III, Chapter 34 Section 34-88. Permits, of the Concord Code  of Ordinances be hereby amended and restated as follows:  Sec. 34-88. Permits.  (a) It shall be the duty of the fire marshal's office to evaluate applications and issue, ifa approved, all special use permits as listed on the fire inspection fee schedule. This schedule may be revised upon approval of the city council. Applications for special use permits shall be made on forms provided by the city. (b) Fees fori inspections, special use permits and otheri fire department services shall be set outi in a fee schedule. Printed schedules of the fees shall be available to the public at the fire marshal's office, city website and the city clerk's office. A billing statement for charges listed on the schedule may be sent to the (c) Applications for permits required pursuant to the North Carolina Fire Code shall ber made tot the fire marshal's office on forms provided byt the city. The applicable permit fee as established by the city shall accompany all applications. The required permit fees shall be set out in at fee schedule. Printed schedules of the permit fees shall be available tot the public att thet fire marshal's office, city website and city clerk's office. The division chiefi is authorized to waive the permit fee for (d) The following optional permits as listed in Section 105.6 of the North Carolina  ownerloccupant by the city finance department.  governmental, religious or charitable organizations. Fire Code are adopted as mandatory within the city: Hazardous materials 105.6.21, and Hazardous materials facilities 105.6.22.  Section 12. That subsection (a)(4) of Article III, Chapter 34 Section 34-90, Code requirements for fire service water mains, fire hydrants and fire connections on private property, of the Concord Code of Ordinances be hereby amended and restated Sec 34-90. Code requirements for fire service water mains, fire hydrants and fire  as follows:  connections on private property. (a) Fire service water mains.  (4) Water flow testing will be conducted at the time of the Certificate of Occupancy to determine that the water system meets the water supply quantities determined in subsection (a)(2) above. Failure to meet the water    117  flow requirements in subsection (a)(2) will result in denial of certificate of  occupancy.  Section 13. That Article III, Chapter 34 Section 34-94, Signs and marking, of the of the Concord Code of Ordinances be hereby amended and restated as follows:  Sec. 34-94. Signs and marking.  (a) All fire lanes and access roads must be marked with signs indicating "no parking firel lane" as described in thes specifications ont file ati thet fire marshal's (b) Existing non-compliant fire lanes shall continue in effect as installed until such time as they are in need of re-striping due to wear or re-paving. When re- striped, existing fire lanes shall be installed to current specifications.  office.  Section 14. That the definition for personal protective clothing as defined Sec 34-101. Definitions, in Article IV, Chapter 34 be deleted in its entirety and restated as follows:  Personal protective equipment (PPE) means the equipment provided to shield or isolate a person from the chemical, physical, and thermal hazards that can be encountered at hazardous materials/weapons of mass destruction (WMD) incidents.  Section 15. This Ordinance shall be effective upon adoption.  Adopted this the 10th day of March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Isl Kim J. Deason, City Clerk  /s/ Valerie Kolczynski, City Attorney  10. Consider authorizing the City Manager to negotiate and execute a contract with Alfred Benesch & Company for full design services for Phases 1 and 2 of City Council adopted the new master plan for the renovation and redevelopment of Caldwell Park in June of 2020. The existing park, located at 362 Georgia Street SW, is approximately 24 acres. Parks and Recreation has selected the firm, Alfred Benesch & Company, located out of Charlotte through an RFQ process for professional design services for the park. Benesch has also completed the! Master Plan, Complete Surveying, The design phase will include 1) Project Meetings, 2) Sub-Surface Investigations, Soil Borings, Groundwater and Laboratory Services Investigations, 3) Wetland Delineations, and USACE/NCDWR Verifications, 4) Design Development Plans, 5) Construction Plans and Documents, 6) Architectural Design Plans, 7) Site Electrical & Utility Design Services, 8) Permitting Assistance, 9) Construction Adminstratonobseraton (if applicable), and eroatonPedevecpment of Caldwell Park is a top priority project for the City, and this design will include items funded by the Land and Water Conservation Fund (LWCF) Federal Grant, and the Parks and Recreation Trust Fund (PARTF) State Grant. These items include a fully inclusive playground, covered courts, youth baseball diamond, new multi-purpose field, new: splash pad, new Logan Optimist Shelter, and the first phase of Irish Buffalo Creek Greenway. Funding identified as part of the Capital Improvement Plan A motion was made by Council Member Stocks and seconded by Council Member McKenzie to authorize the City Manager to negotiate and execute a contract with Alfred  Caldwell Parki in the amount of $521,535.  and Schematic Design for the park.  10) Reimbursable Expenses.  for Caldwell Park.    118  Benesch & Company in the amount of $521,535 for Full Design services for Phases 1 11. Consider adopting a reimbursement resolution for expenditures associated Staff has determined that it is in the best interest of the City to acquire, construct and equip certain improvements to its parks. It is anticipated that the projects will be funded by a general obligation bond during fiscal year 2023 or later. Until the bond is issued, there willl be expenditures that are associated with the project that the City will need to be reimbursed for. Once the bonds are issued, the proceeds from that issue will be used to pay the City back for any expenditures that occur before the bonds are issued. The City presently intends and reasonably expects to reimburse itself for the original expenditures incurred and paid by the City on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations. The City reasonably expects to execute and deliver the Obligations to finance all ora portion of the costs of the Projects and the maximum principal amount of Obligations expected to be executed and delivered by the City to pay for all or a portion of the costs A motion was made by Council Member Sweat and seconded by Council Member Langford to adopt the following reimbursement resolution for expenditures associated with a planned parks improvements general obligation bond-the vote: all aye.  and 2 of Caldwell Park-the vote: all aye.  with a planned parks improvements general obligation bond.  of the Projects is $60,000,000.  RESOLUTION DECLARING THE INTENT OF THE CITY OF CONCORD To REIMBURSE ITSELF FOR CAPITAL ExPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF PARKS AND RECREATION IMPROVEMENTS FROM THE PROCEEDS OF CERTAIN TAX-EXEMPT OBLIGATIONS.  WHEREAS, the City Council of the City of Concord, North Carolina (the "City") by resolution adopted on July 13, 2000 has authorized the City's Finance Director to take such action as may be required to declare the intent of the City to reimburse itself for capital expenditures made in anticipation of the execution and delivery of tax-exempt WHEREAS, the City hereby finds and determines that it is in the best interests oft the City to acquire, construct and equip certain improvements to its parks (collectively, the WHEREAS, the City reasonably expects to receive the proceeds of the sale oft tax-exempt obligations (the "Obligations") during fiscal year 2023 or later to finance the Projects; WHEREAS, the City desires to proceed with the Projects and willi incur additional capital expenditures (the "Capital Expenditures") in connection therewith before the execution WHEREAS, the City will advance moneys from funds currently on hand to pay for the Capital Expenditures and the Cityi intends, and reasonably expects, to reimburse itself for the Capital Expenditures from a portion of the proceeds of the sale of the Obligations to  obligations; "Projects");  and delivery of the Obligations; and  be issued by the City;  NOW, THEREFORE, BE IT RESOLVED by the City as follows:  Section 1. Official Declaration of Intent. The City presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the City on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations. The City reasonably expects to execute and deliver the Obligations to finance all or a portion of the costs of the Projects and the maximum principal amount of Obligations expected to be executed and delivered by the City to pay for all or a portion of the costs of the Projects is $60,000,000.    119  Section2. Compliance with Regulations. This Resolution is a declaration of official intent of the City under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the City's intent to reimburse itself for the Original Expenditures from proceeds of the Obligations. Section 3. Itemization of Capital Expenditures. The Finance Director of the City or her designee, with advice from bond counsel, is hereby authorized, directed and designated to act on behalf of the City in determining and itemizing all of the Original Expenditures incurred and paid by the City in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption oft this Resolution and ending Section 4. Effective Date. This Resolution shall become effective immediately upon the  on the date of execution and delivery of the Obligations.  date of its adoption.  ADOPTED AND APPROVED this 10th day of March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  12. Consider adopting a reimbursement resolution for expenditures associated Staff has determined that it is in the best interest of the City to acquire, construct, and equip certain improvements to its water system. Iti is anticipated that the projects will be funded by a revenue bond in fiscal year 2023. Until the bond is issued, there will be expenditures that are associated with the project that the City will need to be reimbursed for. Once the bonds are issued, the proceeds from that issue will be used to pay the City The City presently intends and reasonably expects to reimburse itself for the original expenditures incurred and paid by the City on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations. The City reasonably expects to execute and deliver the Obligations to finance all or a portion of the costs of the Projects and the maximum principal amount of Obligations expected to be executed and delivered by the City to pay for all or a portion of the costs A motion was made by Council Member King and seconded by Council Member McKenzie to adopt the following reimbursement resolution for expenditures associated with a planned 2022 utility improvements revenue bond-the vote: all aye.  with a planned 2022 utility improvements revenue bond.  back for any expenditures that occur before the bonds are issued.  ofthe Projects is $27,000,000.  RESOLUTION DECLARING THE INTENT OF THE CITY OF CONCORD To REIMBURSE ITSELFFOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF WATER SYSTEM IMPROVEMENTS FROM THE PROCEEDS OF CERTAIN TAX EXEMPT OBLIGATIONS To BE EXECUTED AND DELIVERED DURING FISCAL YEAR2 2023  WHEREAS, the City Council of the City of Concord, North Carolina (the "City) by resolution adopted on July 13, 2000 has authorized the City's Finance Director to take such action as may be required to declare the intent of the City to reimburse itself for capital expenditures made in anticipation of the execution and delivery of tax-exempt WHEREAS, the City hereby finds and determines that iti is in the best interests of the City  obligations;    120  to acquire, construct and equip certain improvements to its water system (collectively, the WHEREAS, the Cityr reasonably expects tor receive the proceeds oft thes sale oft tax-exempt obligations (the "Obligations") during fiscal year 2023 to finance the Projects; WHEREAS, the City desires to proceed with the Projects and will incur additional capital expenditures (the "Capital Expenditures") in connection therewith before the execution WHEREAS, the City will advance moneys from funds currently on hand to pay for the Capital Expenditures and the City intends, and reasonably expects, to reimburse itself for the Capital Expenditures from a portion of the proceeds of the sale of the Obligations to  "Projects");  and delivery of the Obligations; and  be issued by the City;  NOW, THEREFORE, BE IT RESOLVED by the City as follows:  Section 1. Official Declaration of Intent. The City presently intends, and reasonably expects, to reimburse itselff for the Original Expenditures incurred and paid by the City on ora after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations. The City reasonably expects to execute and deliver the Obligations to finance all or a portion of the costs of the Projects and the maximum principal amount of Obligations expected to be executed and delivered by the Section2. Compliance with Regulations. This Resolution is a declaration of official intent of the City under Section 1.150-2 oft the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the City's intent to reimburse itself for the Original Expenditures from proceeds of the Obligations. Section 3. Itemization of Capital Expenditures. The Finance Director of the City or her designee, with advice from bond counsel, is hereby authorized, directed and designated to act on behalf of the City in determining and itemizing all of the Original Expenditures incurred and paid byt the City in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending Section4 4. Effective Date. This Resolution shall become effective immediately upon the  City to pay for all or a portion of the costs of the Projects is $27,000,000.  on the date of execution and delivery of the Obligations.  date of its adoption.  ADOPTED. AND. APPROVED this 10th day of March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk Agreement between WSACC and its members.  13. Consider authorizing the approval and execution of the Wastewater Service The Wastewater Service Agreement: serves as thel basis fori thes security for the repayment of the upcoming revenue bond sale by' WSACC to fund plant expansion projects. Since WSACC only has four major customers (member jurisdictions), it is imperative that members contractually agree to pay their monthly charges in order to facilitate debt A motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to approve the execution of the Wastewater Service Agreement-the vote: all aye.  issuance. Legal and other staff have reviewed the agreement.    121  14. Consider amending the Sewer Allocation Policy.  City Council approved the Sewer Allocation Policy at their December 21, 2021 work session. The amendments proposed are based on Council discussions and include: allotments within the residential category for single family, townhomes, and apartments; dropping the one year timeframe to receive final sewer allocation for public projects; and clarifying that speculative industrial buildings will not be considered for preliminary flow allocation until a use is determined but may be built at developer's risk. The City Manager stated based on feedback from Council att thel March gth Work Session, ap provision has been added to 2e of the Policy that reads "Public project allocation will be prorated from all "buckets" except for the Economic Development bucket." A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to amend the Sewer Allocation Policy-the vote: all aye. 15. Consider al Preliminary Application from Dustin Hare.  In accordance with City Code Chapter 62, Dustin Hare has submitted a preliminary application to receive water and sewer service outside the City limits. The property is located at 796 Piney Church Road. The parcel is vacant, 2.01 acres, and zoned LDR. The applicant wants to build a single family home on the parcel. A sewer extension by Ar motion was made Council Member Parsley-Hubbard and seconded by Council Member Sweat to accept the preliminary application and have the owner proceed to the final 16. Consider making appointments to various Boards/Commission.  the applicant would be required.  application phase including annexation--the vote: all aye.  Ad committee consisting of Mayor Dusch, Council Members Langford and Stocks, the City Manager, the Planning and Neighborhood Development Services Director, and the City Clerk met on March 7th to review applications on file for appointment considerations to the Board of Adjustment, Planning and Zoning Commission and the Public Art Advisory Ar motion was madel by! Mayor Pro-Tem Crawford and seconded by Council Member King Brittany Evans was reassigned to regular member status and Jim Hays and DeAnne  Committee.  tor make the following appointments--the vote: all aye. Haney were appointed as alternate members.  P&Z  BOA  Steve Tice was reassigned to regular member status and Robert Danner and Vamsi Pola  were appointed as alternate members.  Consent Agenda:  The consent agenda items were presented for the Council's consideration. to approve the following consent agenda items-the vote: all aye.  Ar motion was made by! Mayor Pro-Tem Crawford and seconded by Council Member King  CONSENT AGENDA ITEMA  The City Manager was authorized to execute a contract with Martin Starnes & Associates, CPAS, P.A. for the audit of City of Concord accounts for fiscal year ending June 30, 2022.  CONSENT AGENDA ITEME B    122  CARES funding in the amount of $1,450 was approved tol be reallocated from Prosperity Unlimited to Salvation Army for the repair work completed to the Food Pantry facility. The name of GM One Team Dr NW for the private street on the Hendrick Auto Plaza  CONSENT AGENDAI ITEMC property was adopted. CONSENT AGENDA ITEM D CONSENT AGENDAI ITEM E  The current Concord ABC Board Travel Policy was adopted.  The Aviation Department was authorized to apply to the Federal Aviation Administration  for funds available through the Airport Terminal Program.  CONSENT AGENDA ITEM F CONSENT AGENDA ITEM G Planning Organization. CONSENT AGENDA ITEMH  The Fire Department was authorized to applyf for the. AARP Community Challenge Grant. The Transit Department was authorized to apply for the FY23 5303 Metropolitan Transportation Planning Funds on behalf of the Cabarrus-Rowan Urban Metropolitan  The Water Resources Department was authorized to apply for State ARPA funds in the amount up to $5 million to fund raw and finished water technology improvements.  CONSENT AGENDAI ITEMI Restaurant and Brew-house. CONSENT AGENDA ITEMJ  The offer of infrastructure in the following subdivisions and sites was accepted: Cumberland Subdivision PH 1, Tuckers Walk Subdivision PH 1 and PH 2 MP 1, BJ's  The following ordinances were adopted to amend the Airport Operating budget and the  Airport Projects budget to clean up airport projects.  ORD.#22-22  CAPITAL PROJECT ORDINANCE AMENDMENT  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the  following project ordinance is hereby ordained:  SECTION 1. The project authorized is the Airport Projects.  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 SECTION: 3. Thet following revenues are anticipated tol be available to the City of Concord  Transportation - Division of Aviation.  for the project: Account  Revenues  Current Budget  Amended (Decrease) Budget  Title  Increase    123  451-4357000 451-4357000 451-4357300 451-4357300 451-4501680 451-4501680  State Aid Federal Aid Transfer from Aviation  4,047,307 5,545,254 815,143  5,745,868 8,250,893 366,841  1,698,561 2,705,639 (448,302) 3,955,898  Total  SECTION4. Thei following amounts are appropriated for the project:  ExpensesyExpendtures  Current Budget 6,111,911 376,118 201,916 758,700 0 0 0 254,577 0 0 0 0 0 0 0  Amended (Decrease) Budget 5,418,753 0 0 0 0 619,362 325,751 40,455 254,557 194,883 875,000 1,065,200 1,211,273 1,777,337 38,549 2,056,051  Account 6300-5800440 6300-5800440 6300-5800441 6300-5800441 6300-5800442 6300-5800442 6300-5800443 6300-5800443 6300-5800449 6301-5800444 6301-5800444 6301-5800446 6301-5800446 6301-5800447 6301-5800447 6301-5800448 6301-5800448 6301-5800442 6301-5800442 6302-5986000 6302-5986000 6302-5800451 6302-5800451 6302-5800441 6302-5800441 6303-5986000 6303-5986000 6304-5986000 6304-5986000 6306-5800449  Title Apron Strengthening North Apron Expansion Hangar Taxilane Rehab South Apron Expansion Obstructn Removal Trees ATCT Equip Replacement CATX N. Apron Expansion EASA Apron & Terminal Expansion Hangar Taxilane Rehab Transfer to Aviation Gen Aviation Parking North Apron Expansion Transfer to Aviation Transfer to Aviation  Increase (693,158) (376,118) (201,916) (758,700) (2,218,051) 619,362 325,751 40,455 (20) 194,883 875,000 1,065,200 1,211,273 1,777,337 38,549 2,056,051 3,955,898  6300-5800449 Long Term Parking Upgrade 2,218,051  6306-5800449 Long Term Parking Upgrade  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 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 10th day of  Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA    124  Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ Valerie Kolczynski, City Attorney  ORD.#22-23  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 July 1, 2021 and ending on WHEREAS, it is appropriate to amend the expenselexpendmtures and the revenue NOW, THEREFORE, BEI IT ORDAINED byt the City Council of the City of Concord that in accordance witht the authority contained in G.S. 159-15, thef following accounts are hereby  June 30, 2022, as amended; and  accounts in the funds listed for the reason stated;  amended as follows:  Revenues Current Budget 0  Account 680- 4501400  Title  Amended Budget 875,000  (Decrease) Increase 875,000 875,000  Transfer from Cap Project  Total  ExpenseslExpendtures  Current Budget 1,297,209  Amended Budget 2,172,209  (Decrease) Increase 875,000 875,000  Account  Title  4530-5750000 Capital Lease reimbursement of Hangar purchase. Adopted this 10th day of March, 2022.  Total  Reason: To add budget for transfer from project fund due to FY21 State AIP  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 ITEMK    125  The following ordinance was adopted to amend the FY2021/2022 Budget Ordinance for  the Electric Fund.  ORD.#22-24  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 July 1, 2021 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 thati in accordance withi the authority contained in G.S. 159-15, thet following accounts are hereby  June 30, 2022, as amended; and  accounts in the funds listed for the reason stated;  amended as follows: Account  Revenues  Title  Current Budget 82,142,500  Amended Budget 17,753,304 1,313,823 83,546,923  (Decrease) Increase 6,002,526 1,313,823 1,404,423 8,720,772  610-4406000 Approp. Retained Earnings 11,750,778  610-4354400 Duke Settlement 610-4401100 Rates and Charges  0  Total  ExpensesExpendures  Current Budget 2,659,601  Amended Budget 10,000,000 (1,852,622) 25,785,485 11,158,394 2,074,601  (Decrease) Increase (585,000) 8,720,772  Account  Title  7200-5981500 Transfer to Utility Reserve 11,852,622 7210-5338900 Peak Prepay Natural Gas 14,627,091  7240-5194000 Contract Services  Total  Reason: Adjust revenues for increase to purchase power adjustment and adjust expenses to estimated actuals. Appropriation from retained earnings will come from rate  stabilization reserve.  Adopted this 10th day of March, 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 AGENDAITEML  The following ordinances were adopted to amend the Fire Capital Project Fund budget, the General Capital Reserve Fund budget, and the General Capital Project Fund budget.    126  ORD.#22-25  CAPITAL PROJECT ORDINANCE  Fire Projects  BE IT ORDAINED by the City Council oft the City of Concord, North Carolinai that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The project authorized is the Transfer to General Capital Reserve. 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 specifications for the SECTION 3. Thef following revenues are anticipatedi tol be availablei tot the City of Concord  project ordinance is hereby ordained:  projects. for the project:  Revenues Current Budget  Amended Budget  (Decrease) Increase  Account  Title  SECTION4. The following amounts are appropriated for the project:  ExpenseslExpenditures  Current Budget $1,050,000 $0 $0  Amended Budget  (Decrease) Increase $(1,050,000 ) $0  Account 8670-5811087 Fire/Police Training 8670-5811087 Fac 8670-5981500 Transfer to Cap 8670-5981500 Reserv  Title  $1,050,000 $1,050.000  SECTION 5. Accounting records are tol be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2)t 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 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 10th day of  Control Act of the State of North Carolina.  carrying outt this project.  Manager any unusual occurrences.  March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk    127  Is/ VaLerie Kolczynski, City Attorney  ORD.#22-26  CAPITAL RESERVE FUND ORDINANCE  BEI IT ORDAINED by the City Council ofi the City of Concord, 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 projects and capital outlay that are listed in the Capital Improvement Plan Listing or the City's Operating Budget. 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 SECTION 2. The City Manager is hereby authorized to proceed with the implementation SECTION: 3. The following revenues are anticipated to be avalabelexpenditures anticipated to be expended to the City of Concord for this fund & the following amounts  Capital Reserve Fund ordinance is hereby adopted/amended:  Council through an ordinance. and amendments of the fund. are appropriated for the project:  Fund 285 General Capital Reserve Fund  Amended Budget $0 $1,050,000  Budget  Inc (Dec) $1,050,000 $1,050,000  285-4501400 Transfer from 285-4501400 Cap Project 8150-5987000 Transfer to 8150-5987000 Project  $8,473,652 $9,523,652  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 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 Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 10th day of  of the State of North Carolina.  Clerk for direction in carrying out the purpose of this fund.  unusual occurrences. March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA  Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk    128  Is/ VaLerie Kolczynski, City Attorney  ORD.#22-27  CAPITAL PROJECT ORDINANCE General Capital Projects  BEI IT ORDAINED by 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 SECTION 1. The projects authorized are General Capital Projects for Streetscape. SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. Thef following revenues are anticipated tol be available tot the City of Concord  project ordinance is hereby ordained:  projects. for the project: Account 430-4501285  Revenues  Current Amended (Decrease)  Title  Budget  Budget  Increase 1,050,000  430-4501285 From Gen Cap Reserve 8,009,168 9,059,168 1,050,000 SECTION4 4. The following amounts are appropriated for the project:  Total  ExpensesExpendtures  Current Amended (Decrease)  Account 8800-5811293  Title  Budget 0  Budget  Increase 1,050,000  8800-5811293 Solid Waste Shed  1,050,000 1,050,000  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)t to comply with the Local Government Budget and Fiscal SECTION 6. Within five (5) days after adopted, copies of this project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying 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 10th day of  Control Act oft the State of North Carolina.  out this project.  Manager any unusual occurrences.  March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor    129  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEM M  The following ordinance was adopted to amend the FY: 2021/2022 Budget Ordinance for  the General Fund to appropriate digital forensic lab fees received.  ORD.#22-28  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 July 1, 2021 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  June 30, 2022, as amended; and  accounts in the funds listed for the reason stated;  amended as follows: Account  Revenues Current Budget $0  Title  Amended Budget $600  (Decrease) Increase $600 $600  100-4341400 Digital Forensic Lab Fees  Total  ExpenseslExpendtures  Current Budget $0  Amended Budget $600  (Decrease) Increase $600 $600  Account  Title  4310-5254000 Digital Forensic Lab Exp  Total  Reason: To appropriate digital forensic lab fees received.  Adopted this 10th day of March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney    130  CONSENT AGENDA ITEMI N  The following ordinances were adopted to amend the Parks Capital Reserve Fund budget and the Parks Capital Project Fund budget for a transfer of reserves to the project fund.  ORD.#22-29  PARKS & CAPITAL RESERVE FUND ORDINANCE  AMENDED  BEI IT ORDAINED byt the City Council oft the City of Concord, 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 willl 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 SECTION2. 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 SECTION: 3. The following revenues & expenditures are anticipated to be available tot the  Capital Reserve Fund ordinance is hereby amended:  approved by City Council through an ordinance.  for the projects.  City of Concord for this fund:  Current Budget  Amended (Decrease) $2,275,965 $1,138,860 $489,717 $(1,138,860)  Account 8100-5987000 Fund 8100-5811082  Title  Budget  Increase  8100-5987000 Transfer to Project $1,137,105  8100-5811082 Future Projects  $1,628,577  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 SECTION5. Within five (5) days after adopted, copies of this capital reserve fund amendmentsladoption shall be filed with the City Manager, Finance Director, and City SECTION6. The Finance Director is directed to report on the financial status of this fund in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 10th day of  oft the State of North Carolina.  Clerk for direction in carrying out the purpose of this fund.  unusual occurrences. March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor    131  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  ORD.#22-30  CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Dorton Park and Hartsell Park  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159oft the General Statutes of North Carolina, the SECTION 1.T Thep projects authorized are the projects for Dorton Park and Hartsell Park. SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and SECTION 3. The following revenues are anticipated to be available to the City of  following project ordinance is hereby adopted/amended:  specifications for the projects.  Concord fort the completion of the projects:  Revenues  Current Budget  Amended (Decrease) Budget  Account 420-4501280 420-4501280  Title  Increase $1,138,860  Transfer from P&R Reserve $1,359,961 $2,498,821 $1,138,860  SECTION 4. The following amounts are appropriated for the project:  ExpenseslExpendtures  Current Amended (Decrease) Budget Budget $521,640 $990,500 $249,488 $919,488  Account 8300-5811053 8300-5811057  Title  Increase $468,860 $670,000 $1,138,860  8300-5811053 Dorton Park Improvements 8300-5811057 Hartsell Park Improvements  Total  SECTIONS,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 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 SECTION 6.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 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 10th day  and Fiscal Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  March, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA    132  Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEM o  The following Transportation Projects fund project ordinance amendment was adopted to  cleanup various transportation project budgets.  ORD.#22-31  CAPITAL PROJECT ORDINANCE Transportation Projects  BE 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 ordinance is hereby ordained:  SECTION 1. The project authorized is the Transportation Projects.  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  projects. fort the project: Account  Revenues  Current Budget 715,202 3,869,321 3,496,513  Amended Budget 1,571,997  (Decrease) Increase 856,795 (372,808) 483,987  Title  423-4361000 Investment Earnings 423-4338600 CMAQ Grant  SECTION 4. The following amounts are appropriated for the project:  ExpenseslExpendtures  Current Budget 0 0 0 0 4,218,960 4,368,746 500,000 1,353,978 558,214  Amended Budget 157,363 442,775 698,703 1,265,223 72,320 482,817 0  (Decrease) Increase 157,363 442,775 698,703 1,265,223 149,786 (372,808) (427,680) (871,161) (558,214) 483,987  Account  Title  8600-5811500 Weddington Rd HS Reimb 8600-5811501 Old Chariotte Sidewalk 8600-5811502 Cedar/Crowell Sidewalk 8600-5811504 Spring St Ph 1 Concrete 8600-5811073 Future Transp Projects 8600-5811253 Future Sidewalk Projects 8600-5585000 PIPI Infrastructure 8600-5811280 Future Concrete Str Proj  8600-5811257 US601/Flowes Store Imprv 2,713,151 2,340,343  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  Control Act of the State of North Carolina.  carrying outt this project.    133  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 10th day of  Manager any unusual occurrences.  March, 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 ITEMP  The following ordinance was adopted to amend the Utility Capital Reserve Project fund.  ORD.#22-32  CAPITAL PROJECT ORDINANCE Utility Project Reserves  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 and amended is utility project reserves.  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 the projects. The purpose authorized is to accumulate funds for future projects and capital outlay that are listed in the Capital Improvement Plan listing or the City's Operating Budget. Funds will be accumulated until such time the City Council designates the funds for projects. The Eledineaterwastewater Funds will serve as the funding source for the Utility Capital Reserve Fund upon City Council approval and withdrawals must be approved by City Council through an SECTION 3. The following revenueslexpenditures are anticipated to be available to the City of  ordinance.  Concord for the project: Account 282-4361000  Current Budget $0  Amended Budget $809,864  (Decrease) Increase $809,864 $27,679 $10,520  Title Investment Earnings  282-4501610 Transfer from Electric $43,484,368 $41,632,690 $(1,851,678)  8120-5811081 Future Elec Projects  $10,348,306 $9,268,293 $(1,080,013)  8120-5811088 Future Water Projects $3,180,440 $3,208,119 8120-5811089 Future Sewer Projects $1,176,000 $1,186,520  SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2)t to comply with the Local Government Budget and Fiscal Control Act of the State of North  Carolina.    134  SECTION 5. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out this SECTION 6. 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 unusual Duly adopted by the City Council of the City of Concord, North Carolina this 10th day of March,  project.  occurrences. 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 ITEM Q CONSENT AGENDA ITEM R CONSENT AGENDA ITEMS S  The Tax Office collection reports for the month of January 2022 were received. The Tax releases/refunds for the month of January 2022 were approved. The monthly report on investments as of January 31, 2022 was received.  There being no further business to be discussed, a motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adjourn-the vote: all aye.  KLCM William C. Dusch, Mayor  Clerk  u