41  CONCORD CITY COUNCIL REGULAR MEETING JANUARY 13, 2022  Ar regular meeting of the City Council for the City of Concord, North Carolina, was held on  January 13, 2022, at 6:00 p.m. with Mayor William C. Dusch presiding.  Councii members were present as follows: Mayor Pro-Tem Terry L. Crawford Council Member Andy Langford Council Member W. Brian King Council Member Betty M. Stocks Council Member JC McKenzie Council Member Jennifer Parsley-Hubbard Members Absent: Council Member John A. Sweat, Jr. Others Present: City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason Department Directors  Members Present:  Call to Order, Pledge of Allegiance, and Moment of Silent Prayer:  The meeting was called to order by Mayor Dusch followed by the Pledge of Allegiance  and a moment of silent prayer. Approval of Minutes:  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to approve the minutes for the meetings of November 23, December 7, and  December 9, 2021-the vote: all aye.  Presentations:  1. Mayor Dusch presented a Proclamation recognizing January 17, 2022 as Dr. 2. Mayor Dusch presented a retirement plaque to Sheila Almond for over 20 3. Mayor Dusch presented a retirement plaque to Captain Dexter Barlowe for over 28 years of loyal and dedicated service to the City of Concord Police 4. Mayor Dusch presented the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada to  Martin Luther King, Jr. Day.  years of service with the City of Concord Purchasing Department.  Department. the Budget Team. Informational Items:    42  1. Session.  Presentation from Peter Marsh with Cabarrus Center/Flywheel.  Mr. Marsh made a presentation to the Mayor and Council at the January 11, 2022 Work  Persons Requesting to be heard:  Mr. Dan Marshall addressed the Council in regards to the local unit of Capital Ministries that he volunteers with. He explained the services the ministry provides.  Public Hearings: 1.  Conduct a 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 Kroger Fulfillment Network, LLC to locate at 227 Kroger Fulfillment Network, in strategic partnership with Ocado Solutions USA, Inc., proposes to develop an approximately 200,000 SF robotically automated customer fulfillment center located at 227 NC HWY 49 South. Kroger's proposed investment represents a total $89,000,000 investment in real and personal property. Kroger plans to create 692 full time jobs with an average wage of $42,107. The total value of the City's three year grant is estimated to equal $791,846 dependent oni the actual investment. The City of Concord would still collect a 3-year net revenue of $139,738 after the incentive Amotion was made by Council Member Stocks and seconded by Council Member King There were no speakers signed up to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member Parsley-Hubbard and seconded by A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to offer a contract for at three year/85% Economic Development Incentive Grant to Kroger Fulfillment Network, LLC to locate at 227 NC HWY 49 S. in Concord, NC, 2. Conduct a public hearing pursuant to NC General Statutes Sec. 158-7.1 and consider offering a contract for a three year I 85% tax based Economic Developmentincentive Grant to Ocado Solutions USA, Inc. to locate at227 NCHWY Ocado Solutions USA, Inc. will provide proprietary robotic software and partner with Kroger to construct a robotically automated customer fulfillment center located at 227NC HWY 49 South. Ocado's proposed investment represents an estimated total $48,000,000 investment in personal property. Ocado plans to create 30 full time jobs with an average wage of $60,000. The total value of the City's three year grant is estimated to equal $348,024 dependent on the actual investment. The City of Concord would still collect a A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There were no speakers signed up to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member Langford and seconded by Mayor A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to offerac contract for at three year/85% Economic Development Incentive Grant to Ocado Solutions USA, Inc. to locate at 227 NC HWY 49 S. in Concord, NC, pursuant  NC HWY 49 S. in Concord, NC.  payments.  to open the public hearing- -the vote: all aye.  Council Member King to close the public hearing-the vote: all aye.  pursuant to NC General Statutes Sec. 158-7.1--the vote: all aye.  49S. in Concord, NC  3-year net revenue of $61,416 after the incentive payments. Parsley-Hubbard to open the public hearing- the vote: all aye. Pro-Tem Crawford to close the public hearing-the vote: all aye.  to NC General Statutes Sec. 158-7.1--the vote: all aye.    43  3. Conduct a public hearing to consider adopting a resolution on the matter of The proposal includes the abandonment of unopened, unimproved right-of-way of Lucky Dr. NW as requested by Niblock Homes, LLC. A new alignment of right of way will be A motion was made by Councii Member Parsley-Hubbard and seconded by Council  closing the right-of-way of an unopened portion of Lucky Dr. NW.  dedicated as part of the Red Hill subdivision.  Member King to open the public hearing--the vote: all aye. Mr. William Niblock spoke ini favor of the request.  There were no further speakers sign up to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member King and seconded by Council Ar motion was made by Mayor Pro-Tem Crawford seconded by Council Member McKenzie to adopt the following resolution to abandon the right of way of an unopened ARESOLUTION ORDERING THE CLOSING OF A PORTION OF LUCKY DRIVE NW WHEREAS, on the gth day of December, 2021, the City Council for the City of Concord directed the City Clerk to publish the Resolution of Intent of the City Council to consider the closing a portion of Lucky Dr. NW in the Independent Tribune newspaper once each week for four successive weeks, such resolution advising the public that a meeting would be conducted in the City Hall at 35 Cabarrus Avenue, West, Concord, N.C., on January WHEREAS, the City Council on the gth day of December, 2021, ordered the City Clerk to notify all persons owning property abutting on that portion of the right-of-way, as shown on the county tax records, by registered or certified mail, enclosing with such notification WHEREAS, the City Clerk has advised the City Council that she sent a letter to each of the abutting property owners advising them of the day, time and place of the meeting, enclosing a copy of the Resolution of Intent, and advising the abutting property owners that the question as to closing that portion of the alley would be acted upon, said letters WHEREAS, the City Clerk has advised the City Council that adequate notices were WHEREAS, after full and complete consideration of the matter and after having granted full and complete opportunity for all interested persons to appear and register any objections that they might have with respect to the closing of said street in the public WHEREAS, itr now appears to be to the satisfaction of the City Council that the closing of said portion of street is not contrary to the public interest and that no individual owning property, either abutting the street or in the vicinity of the street, will as a result of the closing be thereby deprived of a reasonable means of ingress and egress to his property; NOW, THEREFORE, the area described below is hereby ordered closed, and all right, title, andi interest that may be vested in the public to said areai fors street purposes is hereby released and quitclaimed to the abutting property owner in accordance with the provisions Beginning at a calculated point said point being located on the southern right-of-way of Lucky Drive (40' Public RW), said point having NC Grid Coordinates of N611678.92 and E1 1517230.18, said point also being located N 31°23'43" W 784.55 feet from NC Grid Control Point #1 (Grid Coordinates of N611009.23 and E 1517638.89), said point being located N 53°08'58" E 8.901 feet from a %" rebar, said point also being a common corner  Member Langford to close the public hearing--the vote: all aye.  portion of Lucky Dr. NW.  13, ,2022.  a copy of the Resolution of Intent; and  having been sent by registered or certified mail; and  posted on the applicable street(s) as required by G.S. 160A-299; and  hearing held on the 13th day of. January, 2022; and  of N.C.G.S. $160A-299;    44  with Lot #1, Westover Map No. 3 (Map Bk. 12, Pg. 38), thence with the southern right-of- way ofl Lucky Drive (40' Public RWW) thei following nine (9) calls: 00N23:3310W11945 feet to al bent 5/8" rebar; (2) N 32°58'02" W 124.291 feet to al RR Spike; (3) N68-48'17'W 394.381 feet to a 5/8" rebar; (4) N474649W209.63 feet to a 5/8" rebar; (5) N41010'40" W 1025.73 feet to a 5/8" rebar; (6) N 78°57'28" W 82.86 feet to a 5/8" rebar; (7) N 89°23'36" W: 39.091 feett to a 5/8" rebar; (8) S69-34'05"V W244.66 feet to al bent 5/8" rebar; (9) S6 66°20'30" W: 398. .691 feet to a calculated point, said point being located 22°56'11" W 28.33 feet from a %" rebar; thence N 22°56'11" W 40.03 feet to a calculated point, said point being located ont the northern right-of-way of Lucky Dr (40' Public RW); thence with the northern right-of-way of Lucky Dr. (40 Public RW) the following nine (9) calls: (1)N 66°24'53" E 397.15 feet to a 5/8" rebar; (2) N6 69*2821'E:255.3 38 feet to a 5/8" rebar; (3) S 89°08'00" E 49.85 feet to a 5/8" rebar; (4) S 78°49'10"E1 100.04 feet to a 2" pipe; (5)S 41°13'02" E 1036.97 feet to a calculated point; (6) S 47°46'49" E 199.90 feet to a calculated point; (7) S 68°48'17" E 399.89 feet to a calculated point; (8) S 32°58'02" E 140.51 feet to a calculated point; (9) S 23°33'10" E 122.12 feet to a calculated point; thence crossing said road S 65033'36" W 40.01 feet to the POINT AND PLACE OF The Mayor and the City Clerk are hereby authorized to execute quitclaim deeds or other necessary documents in order to evidence vesting of all right, title and interest in those persons owning lots or parcels of land adjacent to the street or alley, such title, for the width oft the abutting land owned by them, to extend to the centerline of the herein closed street (with provision for reservation of easements to the City of Concord for utility The City Clerki is hereby ordered and directedi to file int the Office of the Register of Deeds  BEGINNING and containing 2.438 acres.  purposes) in accordance with the provision of G.S. 160A-299(c). of Cabarrus County a certified copy of this resolution and order.  This the 13th day of. January, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  4. Conduct a public hearing to consider adopting an ordinance amending Historic Handbook Chapter3, Working' With the Historic Preservation Commission, The Historic Handbook is incorporated into the Concord Development Ordinance by reference and as such, amendments require City Council approval. The Historic Preservation Commssionunanimousy voted on November 10th to change their regularly scheduled meeting time. Previously, the meetings had been held on the second Wednesday of the month at 6:30 p.m. The Commission voted to keep the meeting day but to reschedule the time to 6:00 p.m. Because the meeting day and time are listed in the! Historic Handbook, the Handbook must be revised to reflect the Commission's action. Ar motion was made by Council Member Parsley-Hubbard and seconded by Council There were no speakers signed up to speak in opposition or in favor of the request. Therefore, a motion was made by Council Member Stocks and seconded by Council Ar motion was madel by Council Member King and seconded by! Mayor Pro-Tem Crawford  relative to the amended meeting time of 6:00 pm.  Member Langford to open the public hearing--the vote: all aye. Member King to close the public hearing-the vote: all aye. to adopt the following Statement of Consistency-the vote: all aye.  The amendment is consistent with the 2030 Land Use Plan and is reasonable and int the public interest as it aligns the published and adopted text within the Historic Handbook with the newly adopted regularly scheduled meeting time.    45  A motion was made by Council Member Stocks and seconded by Council Member Parsley-Hubbard to adopt the following ordinance amending Historic Handbook Chapter 3, Working With the Historic Preservation Commission-the vote: all aye.  ORD.#22-01  AN ORDINANCE AMENDING THE ZONING ORDINANCE AND HISTORIC HANDBOOK OF THE CITY OF CONCORD, NORTH CAROLINA WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July 28, WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute $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 zoning WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D- 706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize ar need to amend the text of certain articles ofi the City of Concord Development NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1: That the following subsection of "Historic Handbook Chapter 3, Section A"  1977; and  regulations and restrictions and zone boundaries; and  Ordinance. Carolina:  be amended to the following:  The Commission meets the second' Wednesday of each month at 6:00 p.m. in the City Council Chambers of City Hall (35 Cabarrus Avenue West). Since the Commission is a quasi-judicial body under North Carolina law, certain rules of procedure must be followed. These procedures include official notification of adjacent property owners, public advertisement in the newspaper, and placement  of a public hearing sign on the property.  SECTION 2: That all remaining Articles and Sections of this Ordinance be renumbered SECTION 3: That this Ordinance be effective immediately upon adoption.  to include the newly created Articles and Sections. Adopted in this January 13th,2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  5.  Conduct a public hearing to consider adopting an ordinance amending Article 7 (Section 7.7.4.E) of the Concord Development Ordinance (CDO) relative to  townhouse (townhome) development requirements. This request was withdrawn from the agenda.    46  Presentations of Petitions and Requests: at Concord-Padgett Regional Airport.  1. Consider authorizing the City Manager to negotiate and execute a contract with Rite Lite Signs, Inc. for the construction and installation of wayfinding signs The project involves the construction of new and updated 64 wayfinding signs through the airport campus. These signs are a part oft the overall strategy when Council renamed the airport. Furthermore, the improvements to Derita Road are near completion allowing stafft toi finalize location oft the gateway signs. The project was bid underi thet formal! bidding process. Bids were taken on December 1st, 2021 and four bids were received. Rite Lite Signs, Inc. was the low! bid in the amount of $221,616.93. Thel budget for the wayfinding project was $135,000. The funding fori these improvements is through al NCDOT Aviation Airport Improvement Program grant. The grant amount for FY22 is $2,056,051 Amotion was made by Council Member Langford ands seconded by Council Member King to authorize the City Manager to negotiate and execute a contract with Rite Lite Signs, INC in the amount of $221,616.93. for the wayfinding project at Concord-Padgett Consider authorizing the City Manager to negotiate and execute a contract with EST Building Systems for the replacement of roofing materials on Hartsell Three roofing companies submitted quotes and EST Building Systems was the low! bidder at $111,500 (Baker Roofing quoted the work at $139,500 and Statesville Roofing quoted the work at $185,760). Payment and performance bonds are required bringing the total amount quoted by EST Building Systems to $117,075. The Parks and Recreation Department budgeted for this work and it was approved in the FY21/22 budget. Work will begin with a complete tear off of the existing roof consisting of two layers of roofing materials. Repairs to the deck willl be made, if needed, prior to installing 2 layers of ISO board and a. .060 mill TPO membrane. Additionally, metal edging, coping and walk pads Ar motion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to authorize the City Manager to negotiate and execute a contract with EST Building Systems for the replacement of roofing materials on Hartsell Recreation 3. Motion to readopt a franchise ordinance for US Tire Recycling Partners, L.P. City Council granted at franchise to US Tire Recycling Partners, L.P. on June 10, 20211 for a' "life-of-site" term, and said franchise included a clerical error in that it references the incorrect date and Document ID Number for approval of the Facility Plan for the Scrap Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to adopt the following amended franchise ordinance for US Tire Recycling  Regional Airport-the vote: all aye.  2.  Recreation Center.  will be installed with roof drains being replaced as needed.  Center-the vote: all aye.  Tire Disposal Facility by NCDEQ.  Partners, L.P. fora" "life-of-site" term-the vote: all aye.  ORD.#22-03  ORDINANCE CORRECTING PRIOR ORDINANCE GRANTING A FRANCHISE FORA SCRAP TIRE DISPOSAL FACILITY TO US TIRE RECYCLING PARTNERS, L.P. WHEREAS, the Cabarrus County Board of Adjustment approved on January 27, 1988 a request allowing operation of a scrap tire recycling and disposal facility at the present WHEREAS, US Tire Recycling Partners, L.P. is currently operating a Scrap Tire Collection & Processing Operation and Scrap Tire Disposal Facility within thej jurisdiction of the City of Concord following annexation of their location on Poplar Tent Road; and  location operated by US Tire Recycling Partners, L. P.; and    47  WHEREAS, the City Council for the City of Concord granted a franchise to US Tire Recycling Partners, L.P. on August 11, 2016 and that franchise expires on August 11, WHEREAS, US Tire Recycling Partners, L.P. seeks to obtain a franchise from the City of WHEREAS, US Tire Recycling Partners, L.P. has vested rights to operate as approved WHEREAS, due to a change in the state laws and regulations, US Tire Recycling Partners, L.P. is now eligible for a franchise for a "life-of-site" permit, defined as 60 years WHEREAS, the City Council for the City of Concord granted a franchise to US Tire Recycling Partners, L.P. on June 10, 2021 for a "life-of-site" term, and said franchise included a clerical error in that it references the incorrect date and Document ID Number for approval of the Faility Plan for the Scrap Tire Disposal Facility by NCDEQ, and this NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1. The Scrap Tire Disposal Façility will serve the geographical area and population including the State of North Carolina, State of South Carolina, State of Virginia, State of West Virginia, State of Georgia, State of Tennessee, and State of Florida. SECTION 2. The waste stream consists of up to approximately 100,000 tons per year scrap tire portions and waste derived from processing scrap rubber vehicle tires. SECTION 3. The useful life of the scrap tire disposal facility is projected to be up to 50 years to beyond August 11, 2021, depending on the varying annual disposal rates to the SECTION4 4. The Scrap Tire Collection & Processing Operation and Scrap Tire Disposal Facility will be permitted and regulated by NC Department. of Environmental Quality (NCDEQ). There are no fees and rates to be charged by the facilities subject to the SECTION 5. A Facility Plan for the Scrap Tire Disposal Facility was included in the Application for Permit Amendment for the U.S. Tire Scrap Tire Disposal Facility approved by NCDEQ on September 28, 2016 (Document ID No. 26773) and showed the boundaries of the facility, proposed development of the facility site, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the total waste disposal capacity, a description of environmental controls, and a description of any other waste management activities conducted at the facility, including ingress and egress SECTION 6. The U.S. Tire Recycling Facility is consistent with the Cabarrus County Solid Waste Management Plan, the City of Concord Solid Waste Plan, and N.C.G.S. 130A-309.09A, including the provisions for waste reduction, reuse, and recycling. SECTION7. US Tire Recycling Partners, L.P. has provided to the City financial security in the amount of $150,000.00 to cover potential environmental problems, closure of the landfill and any possible financial probiems incurred by US Tire Recycling Partners, L.P. using a mechanism satisfactory to both the City and US Tire Recycling Partners, L.P. throughout the life of the landfill. The requirement for financial security will terminate and/or be returned to US Tire Recycling Partners, L.P. either five years after the landfill is closed or when closure is approved by the State of North Carolina, whichever occurs SECTION 8. US Tire Recycling Partners, L.P. will instruct all haulers accessing the  2021; ;and  Concord by a change in state law and regulations; and  by Cabarrus County; and  from initial receipt of waste at the site in 1998; and  Ordinance corrects that error.  Carolina:  scrap tire disposal facility.  franchise for waste generated in the jurisdiction of the franchising entity.  to the facility.  first.    48  Facility to comply with the N.C.6.S.20.1169.  SECTION9. Pursuant to N.C.G.S. 130A-294, US Tire Recycling Partners, L.P. is hereby granted a franchise to operate its current Scrap Tire Processing and Disposal Facility located at6 6322 Poplar Tent Roadi int the City of Concord. This franchise shall have a "life- of-site" term, defined as a maximum of 60 years from initial receipt of waste in 1998, SECTION 10. This franchise may not bei transferred without the specific approval of the SECTION 11. This Ordinance shall be effective immediately upon adoption at second  beginning on August 12, 2021 and expiring on August 12, 2058.  City Council of the City of Concord.  reading.  Adopted on this 13th day of January 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  4.  Consider adopting a resolution confirming al lien assessment.  In 2013, Code Enforcement prosecuted an unsafe buildings case against Barber Scotia College, Inc. That case resulted in the demolition and removal of the two dormitories formerly located on Crowell Drive at a cost to the City of $380,640. The North Carolina General Statutes require confirmation of the amount of the lien by the City Council and publication in a newspaper of local circulation prior to any attempt to collect al lien of this An motion was made by Council Member McKenzie and seconded by Council Member King to adopt the following resolution confirming the amount of the lien and directing appropriate City staff to cause the advertisement to be published--the vote: all aye.  kind.  RESOLUTION CONFIRMING ASSESSMENT OF LIEN  WHEREAS, North Carolina General Statute S 160D-1117, et. sec. (current reference), permits the City to inspect buildings and condemn unsafe buildings; and WHEREAS, in 2013 the City, by and through the Code Enforcement Department did inspect the dormitories located on Crowell Drive and having PINS 5620-76-8060 and WHEREAS, both buildings were found to be unsafe and a code enforcement case was WHEREAS, the property owner was unable or unwilling to bring the unsafe buildings into WHEREAS, Code Enforcement, pursuant to N.C.G.S. 160D-1125 (current reference), WHEREAS, the cost of such demolition and removal totaled $380,640.00; and WHEREAS, N.C.G.S. 160D-1125 (current reference) establishes al lien for the amount of the cost of the demolition and removal, ini favor oft the City of Concord, against thes specific  5620-75-7950; and prosecuted; and  compliance with the building code; and  caused the unsafe buildings to be demolished and removed; and    49  properties referenced above and on all other real property owned by Barber Scotia College, Inc. located within the planning and development jurisdiction of the City of WHEREAS, N.C.G.S. 160D-1125 directs that code enforcement liens are collected ini the same manner as special assessments and N.C.G.S. 160A-233 provides that' "Any portion notice that the assessment roll has been confirmed shall bear interest until paid at a rate to bei fixed int the assessment resolution butr not more than eight percent (8%) per annum." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. The City Council of the City of Concord hereby confirms the assessment in the form of a lien in the amount of $380,640.00 against all real property owned by Barber Scotia College, Inc. located within the planning and development 2. Confirmation of this lien shall be published in a newspaper of general circulation; 3. Thirty days from the date of publication, any portion of the assessment that has not been paid in full shall bear interest at a rate of eight percent (8%) per annum.  Concord; and  of an assessment that is not paid within 30 days after publication of the  CONCORD, THAT:  jurisdiction of the City of Concord; and  and  Adopted this 13th day of January, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  5. Consider amending a development agreement with Addison Concord, LLC regarding construction of a sewer line near the intersection of Old Holland Road The City conducted a public hearing and approved an agreement with Ford Commercial LLCi inApril 2019. The agreement outlined the City's assistance in acquiring a necessary easement and the developer's agreement to conditions related to construction of their proposed development project. The current developer wishes to amend the agreement to allow for a different alignment to the proposed sewer line. The developer will be Ar motion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to amend a development agreement with Addison Concord, LLC-the  and' Weddington Road Ext.  required to obtain any necessary easements.  vote: all aye. 6.  Consider accepting a revised Preliminary Application from Thornridge Ina accordance with City Code Chapter 62, Thornridge Investment Group, LLC has submitted a revised preliminary application for water service outside the City limits. The property is located at 10799 and 10825 Poplar Tent Road. The property is currently zoned LDR and developed with an abandoned single family home. The owner now intends to construct a new residential structure and renovate the existing structure to a  Investment Group, LLC.  residential use. Water is available in the Poplar Tent Road area.    50  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to accept ther revised preliminary application and havet the owner proceed to the  final application phase excluding annexation-the vote: all aye.  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 Council Member Stocks and seconded by Council Member King  CONSENT AGENDA ITEMA  The City Manager was authorized to enteri into a modified five-year lease with renewable provisions for the entire +l-2.7 acres at 430 Harris Street NWi for $1 to SCUS Head Start  Programs, Inc, d/bla Save the Children Head Start.  ÇONSENT AGENDA ITEM B  The Carolina Thread Trail Implementation Grant award was accepted and the City Manager was authorized to execute the grant agreement with the Carolina Thread Trail in the amount of $30,000. The following budget ordinance was adopted to appropriate  the funds.  ORD.#22-04  CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Caldwell Park  BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant SECTION 1. The projects authorized are the projects included for Caldwell Park. 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. Thei following revenues are anticipated tol be available tot the City of Concord  to Section 13.2 project ordinance is hereby  Chapter 159 of the General Statutes of North Carolina, the following  adopted/amended:  projects.  for the completion of the projects:  Revenues  Amended (Decrease) Budget Increase $998,960 $30,000  Account 420-603000 420-603000  Title Grant Proceeds  Current Budget $968,960  $30,000  ExpenseslExpendtures  Amended (Decrease) Budget $1,738,960 $30,000  Account 8300-5811002  Title  Current Budget $1,708,960  Increase $30,000  8300-5811002 Caldwell Park  Total  SECTION 4. The following amounts are appropriated for the project:  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 project    51  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 SECTION6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this 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 13th day of  Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  January 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 ITEMC  The LWCF award was accepted and the City Manager was authorized to execute the agreement and the Mayor to sign a grant agreement with National Park Service through the North Carolina Park and Recreation Division. The following project amendment was  adopted to appropriate the funds.  ORD.#22-05  CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Caldwell Park  BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The projects authorized are the projects included for Caldwell Park. SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. The following revenues are anticipated to be available toi the City of Concord  project ordinance is hereby adopted/amended:  projects.  for the completion of the projects:  Revenues  Current Budget $965,000  Amended (Decrease)  Account 420- 4603000 420- 4603000  Title  Budget $968,960  increase $3,960 $3,960  Grant Proceeds  SECTION 4. The following amounts are appropriated for the project:  ExpensesExpendturs    52  Current Budget  Amended (Decrease) Budget  Account 8300-5811002  Title  Increase $3,960  8300-5811002 Caldwell Park  $1,705,000 $1,708,960 $3,960  Total  SECTION 5. Accounting records are to be maintained by the Finance Department oft the City of Concord in such manner as (1) to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION The Finance Director is directed to report on the financial status of this project ina accordance with the existing City policy, and shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 13th day of  Control Act of the State of North Carolina.  carrying out this project. unusual occurrences. January 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA  Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMD  The Police Department was authorized to apply for grant funding from the NC Governor's Highway Safety Administration aimed at preventing traffic related deaths and injuries on The offers of dedication on the following plats and easements were accepted: Piper Landing Phase 1 Map 1, Annsborough Park Phase 1A Map 1, and Odell Townhomes  streets and highways in the City of Concord. CONSENT AGENDA ITEME Right of Way Dedication. CONSENT AGENDA ITEMF  The offer of infrastructure was accepted in the following subdivisions and sites: 7-Eleven Coddle Market, Cannon Office PH2B Buildings 3 and 4, Haven at Rocky River Subdivision PH 1 MP 1 Modification, Campbell Farms Subdivision PH 1 MP 3, Spring Meadow  Subdivision PH 1MP 1, Oaklawn Townhomes Subdivision PH 1.  CONSENT AGENDAI ITEMG  The following ordinance was adopted to amend the FY: 2021/2022 Budget Ordinance for  the Aviation Fund to appropriate additional fuel revenue.  ORD.#22-06  AN ORDINANCE TO AMEND FY2 2021-2022 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of    53  June, 2021, adopta 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, BEI IT ORDAINED byt the City Council of the City of Concord thati in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  June 30, 2022, as amended; and  accounts int the funds listed for the reason stated;  amended as follows:  Revenues  Account  Title  Current Budget 1,284,500 3,785,000  Amended Budget 1,844,500 6,497,000  (Decrease) Increase 560,000 2,712,000 3,272,000  680-4401305 Fuel Sales/Avgas 680-4401309 Fuel Sales/Jet. A  Total  ExpenselExpendtures  Current Budget 717,601 2,017,091  Amended Budget 1,277,601 4,729,091  (Decrease) Increase 560,000 2,712,000 3,272,000  Account  Title  4530-5271000 Purchases-FuelAvgas 4530-5272000 Purchases-fuelJetA tot the higher than anticipated sales. Adopted this 13th day of January, 2022.  Total  Reason: To allocate fuel sales in excess of original budget to cover fuel expense related  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor /s/ VaLerie Kolczynski, City Attorney  ATTEST: Is/ Kim Deason, City Clerk CONSENT AGENDA ITEMH  The following Capital Project ordinance amendment was adopted for the First Concord  2014 LOBS Generator Relocation Project. CONSENT AGENDAI ITEMI  The following ordinance was adopted to amend the FY 2021/2022 Budget Ordinance for the General Fund to provide funding for the new Fiber Network Management department.  ORD.#22-08  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  June 30, 2022, as amended; and  accounts in the funds listed for the reason stated;    54  NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord thati in accordance witht the authority containedi in G.S. 159-15, the following accounts are hereby  amended as follows:  Revenues  Account  Title  Current Budget 0  Amended (Decrease) Budget 48,532  Increase 48,532 48,532  100-4351000 Sale of Fixed Assets  Total  ExpenseslExpendtures  Current Budget 0 0 0 0 0 0  Amended (Decrease) Budget 26,867 2,882 2,056 3,345 940 12,442  Account  Title  Increase 26,867 2,882 2,056 3,345 940 12,442 48,532  4320-5121000 Fiber Regular Salaries 4320-5183000 Fiber Group Insurance 4320-5181000 Fiber FICA 4320-5182000 General 4320-5187000 Contribution 4320-5260000 Fiber- Supplies-Ofice  Fiber- Retirement- Fiber- 401K  Total  Reason: To appropriate proceeds from the sale of fixed assets to cover initial costs of new Fiber Network Management department and hiring of Fiber Manager.  Adopted this 13th day of January, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMJ  The following ordinance was adopted to amend the FY: 2021/2022 Budget Ordinance for  the Golf Fund.  ORD.#22-09  AN ORDINANCE TO AMEND FY 2021-2022 BUDGET ORDINANCE  WHEREAS, the City Council oft 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 expenselepen.mtures and the revenue  June 30, 2022, as amended; and  accounts in thet funds listed for the reason stated;    55  NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord thati in accordance with the authority contained in G.S. 159-15, thet following accounts are hereby  amended as follows:  Revenues  Account  Title  Current Budget  Amended Budget  (Decrease) Increase  Total  ExpenseslExpendurs  Current Budget 841,000 0 103,387  Amended Budget 846,000 30,000 68,387  (Decrease) Increase 5,000 30,000 (35,000) 0  Account  Title  7501-5210010 RRGC Operating Exp 7501-5558000 Bldgs & Imprv- Capital 7501-5990001 Approp to Ret Earnings  Total  Reason:To appropriate funds to cover additional improvements needed at the golf course.  Adopted this 13th day of January, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMK  The following project ordinance amendment was adopted for the Surface Transportation  Block Grant from Cabarrus Rowan MPO.  ORD.#22-10  CAPITAL PROJECT ORDINANCE AMENDMENT  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 oft the General Statutes of North Carolina, thet following grant SECTION 1. The projects authorized and amended are the projects included for CK SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION:3. The following revenues are anticipated to be available tot the City of Concord  project ordinance is hereby amended:  Rider Transit System.  projects.  for the completion of the projects:    56  Revenues Account 630-4357300 630-4357300 Federal Aid 630-4337000 630-4337000 Local Shared Revenue  (Decreas Amended e) Budget Increase 14,072,27 3 571,635  Current Budget 13,500,638  Title  4,704,417 4,847,326 142,909  714,544  SECTION 4. The following amounts are appropriated for the project:  (Decreas e) Increase  Exp. Account 7690- 5540000 7690- 5540000  Current Budget 767,849  Amended Budget  Title  Vehicles - Capital  1,482,393 714,544  714,544  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 project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal 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. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 13th day  Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  of. January, 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 ITEML  The following capital project ordinance was adopted to amend the Wastewater Projects  Fund.  ORD.#22-11  CAPITAL PROJECT ORDINANCE AMENDMENT  Wastewater Projects  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant    57  to Section 13.2 Outfall to 49 project.  Chapter 159 of the General Statutes of North Carolina, the following  project ordinance is hereby adopted/amended:  SECTION 1. The projects authorized are the projects included for the Coldwater Creek 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 to be available tot the City ofConcord  projects.  for the completion of the projects:  Revenues  Current Amended (Decrease)  Account 421-4601000  Title Bond Proceeds  Budget 8,734,000  Budget Increase 0  (8,734,000) (8,734,000)  SECTION 4. The following amounts are appropriated for the project:  ExpensesExpendiures  Current Amended (Decrease) Budget Budget 8,734,000  Account  Title  Increase (8,734,000) (8,734,000)  8402-5801177 Coldwater Creek Outfall to 49  0  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 project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this 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 13th day  Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  January, 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 ITEMN M  The following capital project ordinance was adopted to amend the Water Projects Fund.    58  ORD.#22-12  CAPITAL PROJECT ORDINANCE  Water Projects  BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following project SECTION 1. The projects authorized and amended are Water Projects-US29 RR Bridge Line 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 projects. SECTION 3. The following revenueslexpenditures are anticipated to be available to the City  ordinance is hereby ordained:  Relocate.  of Concord for the project:  Current Budget $45,000 $188,340  Amended Budget $99,300 $134,040  (Decrease) Increase $54,300 $(54,300)  Account 8700-5811315 8700-5811082  Title  8700-5811315 US29 RR Bridge Line 8700-5811082 Future Projects  SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the 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 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 13th day of  State of North Carolina.  this project. occurrences. January, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEM N  A change to the asitcatoncompensaton system was approved to include the following classification: Network Manager (Grade 112) with a salary range of $70,434.99  (minimum) $93,326.34 (midpoint) $116,217.71 (maximum).  CONSENT AGENDA ITEM o    59  The transfer of the following delinquent utility accounts to collection losses was approved: Electric $453,330.81; Water $139,318.86; Wastewater $121,299.57; Stormwater  $75,395.87; and Environmental Services $7,757.26.  CONSENT AGENDA ITEMP CONSENT AGENDA ITEM Q CONSENT AGENDA ITEMR CONSENT AGENDAI ITEMS  The City's semiannual debt status report as of December 31, 2021 was accepted. The Tax Office collection reports for the month of November 2021 were accepted. The Tax releases/refunds for the month of November 2021 were approved. The monthly report on investments as of November 30, 2021 was received.  There being noi 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.  LcCY William C. Dusch, Mayor  Kim. J. Deason,  Glgu  City Clerk    60  CONCORD CITY COUNCIL ANNUAL PLANNING SESSION JANUARY 28, 2022  As special meeting oft the City Councili for the City of Concord, North Carolina, was held in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, West, on January 28, 2022 beginning at 8:00 a.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 via cell phone Council Member Betty M. Stocks via cell phone Council Member JCI McKenzie via cell phone Council Member Jennifer ParsleyHubbard Council Member John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. Assistant City Manager, Joshua Smith Assistant City Manager, LeDerick Blackburn Assistant City Manager, Pam Hinson City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason Department Directors  Members Present:  Others Present:  Mayor Dusch called the meeting to order and welcomed everyone. The following was  discussed:  Financial Analysis - Comprehensive Financial update for FY 21-22 and FY 22-23 The Finance Director, Jessica Jones, summarized the local economic conditions including unemployment: rate, new construction of single family homes, residentialhome sales, and average home sales price. The top ten taxpayers represent 11.75% of the  projections  City's revenues. General Fund  Operating revenues will continue to outpace operating expenditures in 2021. In 2022, total operating expenditures are estimated to increase 3% and no growth estimated for operating revenues. Local option sales taxi increased 8.03%inF FYending 2021. No growth is estimated for FYE: 2022 and a 2% growth is estimated for 2023. The Finance Director stated assessed values increased 20.72% in FY2021 due to the Utility Sales Tax collection in FY22 is estimated at $4.7 million. In 2021, there was no growth int the beer and wine distribution. FY22 collections are estimated at $400,000. The Powell Bill collection had no growth for FY2021. Development fees collected in  property reevaluation. A growth of 2% is estimated for FY2023.  FY21 was $350,000. FY22 estimates are lower at $300,000.