389  CONCORD CITY COUNCIL REGULAR MEETING AUGUST 12, 2021  Aregular meeting of the City Council for the City of Concord, North Carolina, was held on August 12, 2021, at 6:00 p.m. in the Council Room of City Hall, with Mayor William C.  Dusch presiding. Members Present:  Council members were present as follows: Mayor Pro-Tem Terry L. Crawford Council Member Andy Langford Council Member Ella Mae P. Small Council Member W. Brian King Council Member JC McKenzie Council Member John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason Various Department Directors  Council Member Jennifer H. Parsley-Hubbard joined via cell phone  Others Present:  Call to Order, Pledge of Allegiance, and Moment of Silent Prayer:  The meeting was called to order by Mayor Dusch followed by the Pledge of Allegiance  and a moment of silent prayer. Approval of Minutes:  A motion was made by Council Member Sweat and seconded by Council Member Small to approve the minutes for the meetings ofJuly 6, July 8, and July 20, 2021-the vote: all  aye. Presentations:  1. Mayor Dusch presented a retirement plaque to Canine Bendix for seven years of service as a Police Canine for the Concord Police Department. 2. Mayor Dusch presented a retirement plaque to Code Enforcement Manager Chuck Brock for over 30 years of service with the City of Concord. 3. Mayor Dusch presented the Certificate of Achievement for Excellence in Financial Reporting for period ending June 30, 2020 to the City of Concord Finance 4. Mayor Dusch presented a Certificate of Appreciation to Todd Phillips for his  Department.  10 years of service to the Concord ABC Board.  Unfinished Business:  A. Continue a public hearing to consideramending Section 8.8.4ofthe Concord Development Ordinance (CDO) and Section 58-256 (c) of the City Code of Ordinances to clarify the use ofr recreational vehicles as residences. Planning staff worked with Legal and Code Enforcement staff to draft minimum requirements based on recent enforcement actions. Atthe. July 8, 2021 meeting, Council    390  continued the item to allow staff to present information on potentially allowing limited use for RVs when a home is being constructed. Staff conducted research with other municipalities and could not find any instances where RV use is permissible during a construction of a single-family home. A proposal has been drafted to allow use for 365 days in the event Council does want to pursue this option. If Council does not wish to pursue that option, the original proposed amendment quantifies the use of RV, travel trailers and campers on individual developed parcels and for security purposes. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There were no speakers signed up to speak in favor or in opposition to the request. Theretore, a motion was made by Council Member Sweat and seconded by Mayor Pro- Following some discussion, it was the consensus of the Council to adopt the proposed amendment as submitted by staff (to not allow RV use during residential construction). Ar motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford  McKenzie to open the public hearing-the vote: all aye. Tem Crawford 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 inthe public interest as the amendment sets forth minimum standards to assist in the basic administration and enforcement of the temporary use of recreational AI motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to adopt the following ordinances amending Section 8.8.4 of the CDO and Section 58-256(c) of the City Code relative to recreational vehicles--the vote: all aye.  vehicles within the City of Concord.  ORD.#21-73  AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTH CAROLINA  WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on July 28, WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-6-1 through $$160D-6-5, 160D-7-1 through 160D-7-6, 160D-8-1 through 160D-8-8 and 160D-9-1 through 160D-9-51 may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute $S160D-6-1 through $$160D6-5, 160D-7-1through 160D- 7-6, 160D-8-1 through 160D-8-8 and 160D-9-1 through 160D-9-51 does hereby recognize a need to amend the text of certain articles of the City of Concord zoning NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1: That thet following section of Concord Development Ordinance (CDO)Article 8 "Use Regulations" Section 8.8.4 "No Recreational Vehicles" be amended to the Nol bus, slide-in camper, utility trailer, camping trailer, self-contained travel trailer or house trailer (defined as a vehicular, portable structure built on a wheel chassis, designed to be towed by a self-propelled vehicle for use as a temporary dwelling, for travel, recreation  1977; and  regulations and restrictions and zone boundaries; and  Ordinance. Carolina: following:  8.8.4 NO RECREATIONAL VEHICLES    391  and vacation uses, having a body width not to exceed eight (8) feet and a body length not exceeding forty (40) feet when equipped for road travel) shall be used for living, sleeping, or business purposes on any lot within the zoning jurisdiction of the City of Concord, Camping trailers and self-contained travel trailers may be used as a temporary residence on residentially zoned property for no more than fourteen (14) days in any twelve (12) month period. This provision shall only be used on property where an occupied residence Camping trailers and self-contained travel trailers may be used as temporary security quarters for 1) Christmas tree sales lots and for 2) nonresidential construction projects greater than five (5) acres, and shall be permissible for the duration of the SECTION 2: That all remaining Articles and Sections of this Ordinance be renumbered SECTION 3: That this Ordinance be effective immediately upon adoption.  except as provided below.  is located.  project/construction.  to include the newly created Articles and Sections.  Adopted in this August 12, 2021.  CITY COUNCIL CITY OF CONCORD NORTHO CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  ORD.#21-74  AN ORDINANCE TO AMEND CHAPTER 58 RECREATIONAL VEHICLES WHEREAS, the City Council of the City of Concord, North Carolina, has adopted a Code WHEREAS, the City desires to amend the ordinance to address parking of recreational 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 SECTION1. Chapter 58 "Traffic and Vehicles", Section 58-256 (c) "Parking and Storage  of Ordinances; and vehicles,  Concord, that the Concord Code of Ordinances be amended as follows:  of Certain Vehicles" be amended to the following: Sec. 50-256. - Parking and storage of certain vehicles  (c) Recreational vehicles (as defined in G.S. 20-4.01(32a) except truck campers and conversion vehicles), trailers and boats stored on trailers, shall not be parked or stored on any predominately residential public right-of-way within the city, or on any unpaved SECTION 2. That all remaining Articles and Sections be renumbered to include SECTION3. This Ordinance be effective immediately upon adoption.  portion of a front yard.  the newly created Articles and Sections. Adopted this 12th day of August 2021.  CITY COUNCIL    392  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  B. Continue a public hearing to consider renaming a section of Roberta Church This request was tabled at the July 8, 2021 City Council meeting in order to allow staff time to research the possibility of renaming the section of Roberta Church Rd. after a property owner who possess multiple properties fronting the street section. The suggestion from Council was "Dwight Morrison Rd". Planning staff reached out to Cabarrus County, who is responsible for approving street names within the County, to ensure there is no conflicting names or potential issues caused by proposed names. After review of the suggested street name, Cabarrus County responded providing guidance to the City related to the potential name. The County explained that their policy is to no As a reminder, with NCDOT's completed construction of George W. Liles Pkwy, there is a short dead-end section of Roberta Church Rd which NCDOT realigned to connect to Concord Pkwy S. This realigned section of roadway needs to be assigned a new street name for safety and emergency-response reasons. There is already a separate section of Roberta Church Rd located off of Roberta Rd near Stough Rd which can potentially be confused with this particular street section. The name "Elmwood" was randomly selected by Planning Department staff and presented at the July meeting. Cabarrus County Planning Department has indicated that the name would be acceptable as a street name A motion was made by Council Member Sweat and seconded by Mayor Pro-Tem There was no one signed int to speak ini favor of or in opposition tot the request. Therefore, a motion was made by Council Member Sweat and seconded by Mayor Pro-Tem Following some discussion, it was the consensus of the Council to rename the street to Ar motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to rename the realigned section from Roberta Church Rd to Dwight Place, SW-the vote:  Rd.  longer title streets with the full proper names of individual persons.  since iti is not used anywhere else in the county. Crawford to open the public hearing-the vote: all aye. Crawford to close the public hearing- -the vote: all aye.  Dwight Place. all aye. Public Hearings: 1.  Conduct a public hearing pursuant to NC General Statutes Sec. 158-7.1and consider offering a contract for a seven year I 85% tax based Economic Development Incentive Grant to Ball Metal Beverage Container Corp. (Project Aquamarine Component 1) to locate at 2321 Concord Pkwy S. in Concord, NC. Under the North Carolina General Statutes, City Council may offer incentives to stimulate private sector expansion of new facilities. Ball Metal Beverage Container Corp. proposes to develop an 800,000 SF four-line beverage packing facility at the Grounds at Concord (2321 Concord Pkwy S, Concord, NC) with a projected investment of approximately $383,874,400 in real and personal property. They also plan to create 220 jobs with an average annual salary for all new positions estimated at $70,555. The total value of the City's seven-year grant is estimated to equal $7,359,514 dependent on the actual investment. The City of Concord would still collect a 7-year net revenue of $1,298,738  after the incentive payments.    393  A motion was made by Council Member Langford and seconded by Council Member There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Council Ar motion as made by Council Member Small and seconded by Mayor Pro-Tem Crawford to offer a contract for a seven year/85% Economic Development Incentive Grant to Ball Metal Beverage Container Corp. (Project Aquamarine Component 1) to locate at 2321 Concord Pkwy S. in Concord, NC, pursuant to NC General Statutes Sec. 158-7.1--the 2. Conduct a public hearing pursuant to NC General Statutes Sec. 158-7.1 and consider offering a contract for a seven year I 85% tax based Economic Development Incentive Grant to RRB Beverage Operations Inc. (Project Aquamarine Component 2) to locate at 2321 Concord Pkwy S. in Concord, NC. Under the North Carolina General Statutes, City Council may offer incentives to stimulate private sector expansion of new facilities. RRB Beverage Operations Inc. proposes to develop a 1,400,000 SF factory, distribution, and office space at the Grounds at Concord (2321 Concord Pkwy S, Concord, NC) with a projected investment of approximately $553,000,000 in real and personal property. They also plan to create 323 jobs with an average wage of $50,387. The total value of the City's seven-year grant is estimated to equal $11,152,354 dependent on the actual investment. The City of Concord would still Ar motion was made by Council Member Sweat and seconded by Council Member There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member McKenzie and seconded by Council Ar motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to offer a contract for a seven year I 85% Economic Development Incentive Grant to RRB Beverage Operations Inc. (Project Aquamarine Component 2) to locate at 2321 Concord Pkwy S. in Concord, NC, pursuant to NC General Statutes Sec. 158-7.1- 3. Conduct a public hearing pursuant to NC General Statutes Sec. 158-7.1 and consider offering a contract for a seven year I 85% tax based Economic Development Incentive Grant to Red Bull North America, Inc. (Project Aquamarine Under the North Carolina General Statutes, City Council may offer incentives to stimulate private sector expansion of new facilities. Red Bull North America, Inc. proposes to develop an 800,000 SF regional distribution center at the Grounds at Concord (2321 Concord Pkwy S, Concord, NC) with a projected investment of approximately $140,000,000 in real and personal property. They also plan to create 90 jobs with an average wage of $50,367. The total value of the City's seven-year grant is estimated to equal $2,951,227 dependent on the actual investment. The City of Concord would still A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Sweat and seconded by Mayor Pro- A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member  Sweat to open the public hearing--the vote: all aye.  Member Sweat to close the public hearing--the vote: all aye.  vote: all aye.  collect a 7-year net revenue of $1,968,062 after thei incentive payments.  Langford to open the public hearing--the vote: all aye. Member King to close the public hearing--the vote: all aye.  the vote: all aye.  Component 3) to locate at 2321 Concord Pkwy S. in Concord, NC.  collect a 7-year net revenue of $520,805 after the incentive payments.  Sweat to open the public hearing- -the vote: all aye.  Tem Crawford to close the public hearing- the vote: all aye.    394  Sweat to offer a contract for a seven year /85% Economic Development Incentive Grant to Red Bull North America, Inc. (Project Aquamarine Component 3) to locate at 2321 Concord Pkwy S. in Concord, NC, pursuant to NC General Statutes Sec. 158-7.1-the Conduct a public hearing to consider adopting an ordinance amending the official zoning map for +/- 3.366 acres located at 2183 Heglar Rd from Cabarrus County LDR (Low Density Residential) to City of Concord RM-1 (Residential Medium Density) and to amend the 2030 Land Use Plan from Rural to Suburban The Planning and Zoning Commission heard the above referenced petition at their July 20th meeting and unanimously voted to forward the request to City Council with a recommendation that the zoning map be amended from Cabarrus County LDR (Low Density Residential) to City of Concord RM-1 (Residential Medium Density) and to amend A motion was made by Council Member Sweat and seconded by Mayor Pro-Tem  vote: all aye. 4.  Neighborhood.  the 2030 Land Use Plan from Rural to Suburban Neighborhood. Crawford to open the public hearing-the vote: all aye. William Niblock, petitioner, spoke in favor of the request. Member Small to close the public hearing- -the vote: all aye.  There were no further speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Langford and seconded by Council A motion was made by Council Member McKenzie and seconded by Council Member Sweat to adopt the following Statement of Zoning Consistency--the vote: all aye.  The subject property is approximately 3.366 acres and is zoned Cabarrus County The subject property was annexed on June 10th, 2021 and accommodates one single family home and an outbuilding. The home was constructed in 1983. The proposed zoning is inconsistent with the 2030 Land Use Plan (LUP) as RM-1 (Residential Medium Density) is not a corresponding zoning Classification to the "Rural" land use category. However, a rezoning to RM-1 would allow infill development to occuri inasimilar manner tot the adjacent properties. The rezoning would further the 2030 Land Use Plan guidance of sections 1.6 and 4.1 by providing infill housing that transitions between the smaller lots within the Buffalo Ranch PUD and Heglar Rd. Should the rezoning to RM-1 be deemed appropriate, the Land Use Plan should be modified to Suburban Neighborhood to reflect the The zoning amendment is reasonable and in the public interest as the proposed zoning would allow development of a small infill project which is more consistent with the established development pattern along Heglar Road. The development pattern along Heglar Road is more suburban in nature, as opposed to Rural. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Small to adopt the following ordinance amending the official zoning map from Cabarrus County LDR (Low Density Residential) to City of Concord RM-1 (Residential Medium A motion was made by Council Member King and seconded by Council Member Sweat toa amend the 2030 Land Use Plan from Rural to Suburban Neighborhood-the vote: all  Low Density Residential (LDR).  proposed zoning and use.  Density(--the vote: all aye.  aye.  ORD. #21-83  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERTY LOCATED AT: 2183 HEGLAR RD    395  WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by the North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951,may from time to time as necessary amend, supplement, change, modify or repeal certain of WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute, Chapter 160A, Art. 19, Session Laws of 1993, Chapter 247, House Bill 575 and Section 3.2.4.B.2 of the Concord Development Ordinance does hereby allow the Planning and Zoning Commission to be final approval authority for zoning changes of land, provided that at least three-fourths of the members present vote in the affirmative, and no appeal of the decision is taken; and WHEREAS, Section 3.2.4.B.5 of the Concord Development Ordinance specifies that any person aggrieved by the decision of the Planning and Zoning Commission shall have the right to appeal the decision to the City Council within fifteen days of the decision of the Planning and Zoning Commission decision by giving written notice to the WHEREAS, Section 3.2.4.B.2 of the Concord Development Ordinance specifies that a final approval decision shall not be in effect until the fifteen-day appeal period NOW, THEREFORE BE IT ORDAINED by the Planning and Zoning Commission (P&Z Commission) of the City of Concord and the City Council of the City of Concord, SECTION 1. That the P&Z Commission held a duly advertised public hearing on July 20th, 2021. At the close of the public hearing, the P&Z Commission adopted the following' Statement of Zoning Consistency" as required by NC Gen Stat 160D-605. The subject property is approximately 3.366 acres and is zoned Cabarrus County The subject property was annexed on June 10th, 2021 and accommodates one single family home and an outbuilding. The home was constructed in 1983. The proposed zoning is inconsistent with the 2030 Land Use Plan (LUP) as RM-1 (Residential Medium Density) is not a corresponding zoning classification to the "Rural" land use category. However, a rezoning to RM-1 would allow infill development to occur in a similar manner to the adjacent properties. The rezoning would further the 2030 Land Use Plan guidance of sections 1.6 and 4.1 by providing infill housing that transitions between the smaller lots within the Buffalo Ranch PUD: and Heglar Rd. Should the rezoning to RM-1 be deemed appropriate, the Land Use Plan should be modified to Suburban Neighborhood to reflect the The zoning amendment is reasonable and in the public interest as the proposed zoning would allow development of a small infill project which is more consistent with the established development pattern along Heglar Road. The development pattern along Heglar Road is more suburban in nature, as opposed to Rural. The P&Z Commission then voted to forward the request to City Council with a recommendation that the zoning map be modified from Cabarrus County LDR (Low Density Residential) to City of Concord RM-1 (Residential Medium Density) and a recommendation that the 2030 Land Use Plan be modified from "Rural" to "Suburban  Jurisdiction on July 28, 1977; and  its zoning regulations and restrictions and zone boundaries; and  Administrator; and expires;  North Carolina:  Low Density Residential (LDR).  proposed zoning and use.  Neighborhood," by the required super-majority.    396  SECTION2. That the City Council held a duly advertised public hearing on August 12th, 2021. At the close of the public hearing, the City Council adopted the following "Statement of Zoning Consistency" as required by NC Gen. Stat 160A-382(b): The subject property is approximately 3.366 acres and is zoned Cabarrus County The subject property was annexed on June 10th, 2021 and accommodates one single family home and an outbuilding. The home was constructed in 1983. The proposed zoning is inconsistent with the 2030 Land Use Plan (LUP) as RM-1 (Residential Medium Density) is not a corresponding zoning classification to the "Rural" land use category. However, a rezoning to RM-1 would allow infill development to occur in a similar manner to the adjacent properties. The rezoning would further the 2030 Land Use Plan guidance of sections 1.6 and 4.1 by providing infill housing that transitions between the smaller lots within the Buffalo Ranch PUD and Heglar Rd. Should the rezoning to RM-1 be deemed appropriate, the Land Use Plan shouid be modified to Suburban Neighborhood to reflect the The zoning amendment is reasonable and in the public interest as the proposed zoning would allow development of a small infill project which is more consistent with the established development pattern along Heglar Road. The development pattern along Heglar Road is more suburban in nature, as opposed to Rural. The City Council then voted to APPROVE the request by rezoning the subject property from Cabarrus County LDR (Low Density Residential) to City of Concord RM-1  Low Density Residential (LDR).  proposed zoning and use.  (Residential Medium Density) for the area described as follows:  Beginning at a nail in the centerline of Heglar Road (Variable Public RW), said nail being a common corner with now or formerly Niblock Homes, LLC (Deed Bk. 14315, Pg. 144), thence with the centerline of Heglar Road (Variable Public RW), NO 07°41'44" E 495.01 feet to a nail, said nail being a common corner with the property of now or formerly Niblock Homes, LLC (Deed Bk. 14315, Pg. 144); thence with the property ofr now or formerly Niblock Homes, LLC (Deed Bk. 14315, Pg. 144) the following three (3) calls: (1) S 81°34'18" E, passing a %" rebar on line at 30.01 feet for at total of 299.42 feet to a %" rebar; (2) S08'2542-W49497 feet to a %" rebar; (3) N 81°34'18" W 293.09 feet to the POINT AND PLACE OF SECTION 3. The City Council then voted to APPROVE the request by amending the Land Use Plan for the property described in Section 3 from "Rura!" to "Suburban SECTION 4. That the establishment of this district and subsequent issuance of SECTION 5. That the above described property shall be perpetually bound to the uses authorized in the Concord Development Ordinance, as such may be amended from time to time and as provided for under Article 3 of the Concord Development Ordinance. SECTION6. That the effective date hereof is the 12th day of August, 2021  BEGINNING and containing 3.366 AC.  Neighborhood."  Zoning Clearance Permits are hereby authorized.  Adopted the 12th day of August, 2021  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk    397  Is/ VaLerie Kolczynski, City Attorney  5.  Conduct a public hearing to consider adopting an ordinance amending the official zoning map for +l- 0.64 acres located on the southwestern side of the intersection of Freeze Ave. NW and St. James St. NW from Neighborhood Commercial (B-1) and Residential Compact (RC) to Residential Compact The Planning and Zoning Commission heard the above referenced petition at their July 20th, 2021 public hearing and acted to approve the request, by a unanimous vote, with conditions. In accordance with Concord Development Ordinance section 3.2.4-B "Any person aggrieved by the decision of the Planning and Zoning Commission shall have the right to appeal the action to the City Council. The appeal shall be filed by giving notice in writing to the Administrator as designated by the City Manager within fifteen (15) days of the decision of the Planning and Zoning Commission. The City Council shall place the item on the next available City Council agenda." An appeal was submitted on July 28th by Mr. Pete Barnhardt and wife Mrs. Carolyn Barnhardt. Therefore, the request is forwarded to City Council for reconsideration of the rezoning request. Please see A motion was made by Council Member Sweat and seconded by Council Member  Conditional District (RC-CD).  attached documents for further detail.  Langford to open the public hearing-the vote: all aye.  Appellants: the request. Proponents:  Pete and Carolyn Barnhardt, 229 McGill Ave, Concord, NC, expressed their opposition to  Jim Sapp also stated he was in opposition to the request.  Lasharee Rogers, applicant and owner founder of the Upper Room, spoke ini favor of the request. She explained the type of units that are proposed and showed diagrams of the Council Member McKenzie asked Ms. Rogers what the estimated construction costs would be. Ms. Rogers stated she is estimating the construction cost of each unit to be  units with elevations shown. approximately $18,000. Appellants rebuttal:  Marcus Singleton spoke in favor of the request.  Michael Alfonso, Allison St, NW, spoke in opposition to the request. He stated he is  worried about neglectful landlords and commercial owners in the area. Peter Barnhardt stated he is concerned with the proposed parking.  Proponent rebuttal:  Lasharee Rogers stated the Upper Room has served the community for 13 years. With there being no further speakers signed in to speak in favor or in opposition to the request, a motion was made by Council Member Langford and seconded by Council Mayor Pro-Tem Crawford asked what could be constructed on that site by right. The Planning and Neighborhood Development Planner read the permitted uses for the subject Council Member Langford stated, in his opinion, this proposed is an acceptable use for  Member Sweat to close the public hearing- the vote: all aye.  property.    398  the site.  A motion was made by Council Member Sweat and seconded by Council Member McKenzie to adopt the following Statement of Zoning Consistency- -the vote: all aye. The subject property is approximately 0.64 Acres +/- and is zoned B-1 Thes subject property was incorporated into the City Limits sometime between 1882 and 1932 and consists of one (1) parcel of record (5621-30-8773) with a single- family detached house and a portion of a parcel (5621-30-9561) with a parking lot The proposed RC-CD (Residential Compact Conditional District) zoning classification is considered corresponding to the 2030 Land Use Plan's Civic Institutional and Urban Neighborhood land use categories. Single-family attached dwellings are also an option for infill development within the urban neighborhood future land use category and would further Land Use Plan Objective 1.6 to provide ar mix and range of housing options through infill development. The townhomes would be connected by sidewalk to civic uses, medical offices, and neighborhood The zoning amendment is reasonable and in the public interest because it demonstrates compatibility with the 2030 Land Use Plan as it relates to infill development, ensuring compatibility between neighboring land uses through transitions in land use intensity and buffers, and providing a walkable community between the proposed neighborhood and nearby commercial and civic uses. A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to adopt the following ordinance amending the official zoning map from Neighborhood Commercial (B-1) and Residential Compact (RC) to Residential Compact  (Neighborhood Commercial) and RC (Residential Compact).  int the portion of the parcel to be developed.  businesses along McGill Ave. NW.  Conditional District (RC-CD)(--the vote: all aye.  ORD. #21-84  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CONCORD, NORTH CAROLINA FOR PROPERIYLOCATED ATI PIO212.MCGILL WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by the North Carolina General Statutes 160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of WHEREAS, the City of Concord, North Carolina, pursuant to the authority conferred by North Carolina General Statute, Chapter 160A, Art. 19, Session Laws of 1993, Chapter 247, House Bill 575 and Section 3.2.4.B.2 of the Concord Development Ordinance does hereby allow the Planning and Zoning Commission to be final approval authority for zoning changes of land, provided that at least three-fourths of the members present vote in the affirmative, and no appeal of the decision is taken; and WHEREAS, Section 3.2.4.B.5 of the Concord Development Ordinance specifies that any person aggrieved by the decision of the Planning and Zoning Commission shall have the right to appeal the decision to the City Council within fifteen days of the decision  AVE. NW, 193 FREEZE AVE NW, CONCORD, NC  Jurisdiction on July 28, 1977;and  its zoning regulations and restrictions and zone boundaries; and    399  of the Planning and Zoning Commission decision by giving written notice to the WHEREAS, Section 3.2.4.B.2 of the Concord Development Ordinance specifies that a final approval decision shall not be in effect until the fifteen-day appeal period NOW, THEREFORE BE IT ORDAINED by the City Council oft the City of Concord, SECTION 1. That the P&Z Commission held a duly advertised public hearing on July 20th, 2021. At the close of the public hearing, the P&Z Commission adopted the following' Statement of Zoning Consistency" as required by NC Gen Stat 160D-605. The subject property is approximately 0.64 Acres +/- and is zoned B-1 The subject property was incorporated into the City Limits sometime between 1882 and 1932 and consists of one (1) parcel of record (5621-30-8773) with a single- family detached house and a portion of a parcel (5621-30-9561) with a parking lot The proposed RC-CD (Residential Compact Conditional District) zoning classification is considered corresponding to the 2030 Land Use Plan's Civic Institutional and Urban! Neighborhood land use categories. Single-family attached dwellings are also an option for infill development within the urban neighborhood future land use category and would further Land Use Plan Objective 1.61 toy provide a mix and range of housing options through infill development. The townhomes would be connected by sidewalk to civic uses, medical offices, and neighborhood The zoning amendment is reasonable and in the public interest because it demonstrates compatibility with the 2030 Land Use Plan as it relates to infill development, ensuring compatibility between neighboring land uses through transitions in land use intensity and buffers, and providing a walkable community between the proposed neighborhood and nearby commercial and civic uses. The P&Z Commission then voted to approve the map amendment byt the required super- majority, subject to the following conditions, which have been offered by the petitioner 1. Compliance with the "212 McGill Avenue Concord, NC Preliminary Site Plan" Sheet PP-1 dated 1-26-21 and last revised 7-12-21, limiting the development to 8 2. Compliance with all minimum requirements relative to landscaping, stormwater,  Administrator, and expires; North Carolina:  (Neighborhood Commercial) and RC (Residential Compact).  ini the portion of the parcel to be developed.  businesses along McGill Ave. NW.  and/or mutually agreed upon during the course of the hearing:  single-family attached dwellings at 12.5 dwelling units per acre.  transportation and fire protection  3. Technical site review and approval plan shall be required.  SECTION2. That the City Council held a duly advertised public hearing on August 12, 2021. At the close of the public hearing, the City Council adopted the following Statement of Zoning Consistency" as required by NC Gen. Stat 160D-605. The subject property is approximately 0.64 Acres +/- and is zoned B-1 (Neighborhood Commercial) and RC (Residential Compact). The subject property was incorporated into the Cityl Limits sometime between 1882 and 1932 and consists of one (1) parcel of record (5621-30-8773) with a single- family detached house and a portion of a parcel (5621-30-9561) with a parking lot  int the portion of the parcel to be developed.    400  The proposed RC-CD (Residential Compact Conditional District) zoning classification is considered corresponding to the 2030 Land Use Plan's Civic Institutional and Urban Neighborhood land use categories. Single-family attached dwellings are also an option for infill development within the urban neighborhood future land use category and would further Land Use Plan Objective 1.6 to provide a mix and range of housing options through infill development. The townhomes would be connected by sidewalk to civic uses, medical offices, and neighborhood The zoning amendment is reasonable and in the public interest because it demonstrates compatibility with the 2030 Land Use Pian as it relates to infill development, ensuring compatibility between neighboring land uses through transitions in land use intensity and buffers, and providing a walkable community between the proposed neighborhood and nearby commercial and civic uses. The City Council then voted to APPROVE the map amendment subject to the following conditions, which have been offered by the petitioner and/or mutually agreed upon during 1. Compliance with the "212 McGill Avenue Concord, NC Preliminary Site Plan" Sheet PP-1 dated 1-26-21 and last revised 7-12-21, limiting the development to 8 2. Compliance with all minimum requirements relative to landscaping, stormwater,  businesses along McGill Ave. NW.  the course of the hearing:  single-family attached dwellings at 12.5 dwelling units per acre.  transportation and fire protection  3. Technical site review and approval plan shall be required.  SECTION 3: That the Official Zoning Map is hereby amended by rezoning the subject property from B-1 (Neighborhood Commercial) and RC (Residential Compact) to RC-CD (Residential Compact Conditional District) for the area described as follows: Proposed parcel is a portion of Upper Room Properties Unlimited (Deed Book 12772 Beginning at p.k. naili in the pavement: southwest intersection edge of Freeze Ave; thence with the western edge of St. James Avenue S.13-58-04 E. 211.81' to a point, thence crossing west through Upper Room Unlimited parcel (Deed Book 12772 Page 0106), (5) Lines as follows: (1)S.76-01-56. .99.17'to a point; (2) N. 13-58-041 W. 29.44' to a point; (3)S. 69-59-44V W. 48.43' to a point; (4) N. 35-50-32 W. 12.32' to an existing iron pin; (5) from existing iron pin to an existing iron pin at the southwest corner of Lashree Rogers (Deed Book 14173 Page 0129) N. 35-50-32 W. 15.01't thence continuing across the south property line of Lashree Rogers (Deed Book 14173 Page 0129) to an iron pin N. 55-18- 07E.57.08; thence along the east property of Lashree Rogers (Deed Book 14173 Page 0129) to an iron pin beside a power pole N. 31-37-14W. 101.31', thence along the south side of Freeze Ave NW to the point of beginning N. 57-26-19 E. 142.27' containing +/-  Page 0106).  0.54 acres.  Lashree Rogers (Deed Book 14173 Page 0129).  Beginning at iron pin near power pole on south side of Freeze Ave NW thence along the westerly property line of Upper Room Unlimited parcel (Deed Book 12772 Page 0106) to an iron pin, S. 31-37-14 E. 101.31', thence to an iron pin beside wooden fence, S. 55-18- 07 W. 57.08', thence to an iron pin behind retaining wall on the south side of Freeze Ave NW, N. 36-03-50 W. 103.79, thence along the south side of Freeze Ave to the point of  beginning, N. 57-35-08 E. 65.05' containing +/- 0.14 acres. Zoning Clearance Permits are hereby authorized.  SECTION 4. That the establishment of this district and subsequent issuance of SECTION! 5. That the above described property shall be perpetually bound to the uses authorized in the Concord Development Ordinance, as such may be amended from time to time and as provided for under Article 3 of the Concord Development Ordinance.    401  SECTION6. That the effective date hereof is the 12th day of August, 2021  Adopted this 12th day of August, 2021  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  Presentations of Petitions and Requests Streetscape Improvements Project.  1. Consider authorizing the City Manager to negotiate and execute a contract with McGill Associates, P.A. for Construction Phase Services for the Union McGill Associates, P.A. (McGill) was the selected firm awarded the professional services contract for Engineering Services on the Union Streetscape Improvements Project in March 2020. At the time oft this award, City Staff was unsure of the involvement that would be required by McGill during construction and choose not to include Construction Phase Services as part oft the original contract. With the Engineering Services phase wrapping up and the Construction Phase getting started, itis now known what City staff can handle The fee for Construction Phase Services from McGill is $211,135 and will be invoiced based on time and materials. The contract will be broken down into three parts: 1- Construction Assistance Services, $115,795; 2-Provide Design Modifications, $10,000; and 3-Construction Observation Services, $85,340. The amount for the construction contract that was budgeted is $420,000 meaning the contract will be $208,865 under A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to authorize the City Manager to negotiate and execute a contract with McGill Associates, P.A. for Construction Phase Services for the Union Streetscape 2. Consider approving the lighting design and authorizing the City Manager to negotiate and execute a sole source contract with Illuminating Concepts Inc, LLC for Intellistreets Light Poles & Accessories as part of the Union Streetscape Staff has been working with Intellistreets over the past two years for the lighting and technical advantages that the company brings to urban streetscapes. The poles willl have wireless audio, multicolored indicator LED's, adjustable flood light control, wireless switch receptacie control and the thinnest LED banners in the industry and concealed wifi. As part of the sole source consideration, staff proposes to move to single globe light fixtures and black painted poles instead of green. The proposed poles will be approximately 1'3" shorter than the existing poles and much more streamline with less mass. The lights on City Hall as well as the new signal poles are single globe. If Council concurs, the plan will be to transition the existing poles to black and to replace the poles as the streetscape is expanded in future years. The price for the single globe poles with all of the components presented to Council and the public is $108,170, whichi is below the budgeted amount. This also includes incorporating the Intellistreet technology into the  in-house and what is needed from McGill.  budget.  Improvements Project in the amount of $211,135--the vote: all aye.  Improvements Project.  poles that the County is using in Means Plaza.    402  A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to approve the lighting design and authorize the City Manager to negotiate and execute a sole source contract with Iluminating Concepts Inc, LLC for Intellistreets Light Poles & Accessories in the amount of $865,764 as part of the Union Streetscape 3. Consider amending the City's sign ordinance to extend the allowable time The Cabarrus Regional Chamber of Commerce, on behalf of their members, has requested the 14 and 30-day limits for temporary banners be suspended and extended until five days after the federal unemployment benefits expire (whether that is September 6 or later). This would give business owners the opportunity to utilize this option and A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to amend the City's sign ordinance to extend the allowable time periods for Consider approving the purchase of 26, 30, 34, & 69 Powder Street NW, 224 Cabarrus Avenue E, and 243 Corban Avenue SW from the estate of Barry K. Staff continues to seek vacant and/or abandoned property for acquisition to address neighborhood concerns and the continuing need of affordable housing within Concord. The goal is to return vacant and/or abandoned property into suitable housing stock though new construction on vacant lots, rehabilitation of existing homes, or demolishing Investigation of the Powder Street and Corban Avenue properties began several months ago. Staff was informed that these properties were held within the estate of Barry K. McClamrock. Tax value and current condition for each property are: 26 Powder Street NW - $24,000 (vacant lot), 30 Powder Street NW - $24,000 (vacant lot), 34 Powder Street NW - $24,000 (vacant lot), 69 Powder Street NW - $24,000 (vacant lot), 224 Cabarrus Avenue E - $25,000 (house to be demolished), 243 Corban Avenue SW - $29,050 (house to be demolished). An offer, contingent on Council approval, has been made and accepted by the estate attorney in the amount of $150,050, which is the total tax value of all properties. The purchase would be made utilizing the City's affordable A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Smalil to approve the purchase of 26, 30, 34, & 69 Powder Street NW, 224 Cabarrus Avenue E, and 243 Corban Avenue SW from the estate of Barry K. McClamrock for 5. Consider recognizing the Woodbridge Home Owners Association in to the Woodbridge is a residential, certified NC Wildlife Friendly community of 49 Asheville- inspired patio homes located on Davidson Highway. The recently completed neighborhood is on Stonecroft Lane NW and Zemosa Lane NW. Officers for the Association are: President Cindy Rankin; Treasurer Martha Rusher; Secretary Bradley Dilks; and At-Large member Amy Browne. The Association hosts monthly meetings in their homes on the last Thursday of the month and hold officer elections each October. Amotion was made by Council Member Langford and seconded by Council Member King to add the Woodbridge Home Owners Association into the Partnership for Stronger 6. Consider adopting a resolution giving preliminary approval for the issuance ofmultifamily housing revenue bonds to finance the acquisition, rehabilitation and  Improvements Project-the vote: all aye. periods for posting temporary banners.  advertise in an affordable manner.  posting temporary banners--the vote: all aye.  4.  McClamrock for $150,050 using City Affordable Housing funds.  dilapidated structures and constructing new.  housing allocation.  $150,050 using City Affordable Housing funds-the vote: all aye. City's Partnership for Stronger Neighborhoods program.  They submitted all the required documentation for recognition.  Neighborhoods Program-the vote: all aye. equipping of The Greens of Concord.    403  Under the North Carolina General Statutes, the City is authorized to exercise all of the powers granted to housing authorities under the North Carolina Housing Authorities Law (the' "Act"). The Act authorizes the City, acting as a housing authority, to issue its notes or bonds in accordance with the provisions of the Act for the purpose of making loans to private developers to assist in the construction or rehabilitation of housing facilities for The Greens of Concord Apartments, LP (the "Company") has requested that the City issue multifamily housing revenue bonds in an amount not to exceed $24 million to provide financing for the acquisition, rehabilitation and equipping of the Greens of Concord. The Greens of Concord is an existing 152-unit affordable housing development located at 1400 Daley Circle NE int the City and was originally built in 1996. The City will have no legal responsibility or liability whatsoever for the payment of principal or interest on the proposed bonds, and the bonds will not affect the City's debt ratios or legal debt limits. All costs and expenses in connection with the financing and the acquisition, rehabilitation and equipping of the Development, including the reasonable fees and expenses of the City's counsel and bond counsel will be paid from the proceeds of the AI motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Small to adopt the following resolution giving preliminary approval for thei issuance by the City of multifamily housing revenue bonds to provide financing for the acquisition, rehabilitation and equipping by Greens of Concord Apartments, LPofan existing 152-unit affordable housing development known as The Greens of Concord and located in the RESOLUTION GIVING PRELIMINARY. APPROVAL TO ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE ACQUISITION, REHABILITATION WHEREAS, the City Council (the "City Council") of the City of Concord, North Carolina (the "City") met in Concord, North Carolina at 6:00pm on the 12th day of August, 2021; WHEREAS, pursuant to Section 160D-1311(b) of the General Statutes of North Carolina, the City is granted the power to exercise directly the powers of a housing authority organized pursuant to the North Carolina Housing Authorities Law, Article 1 of Chapter 157 oft the General Statutes of North Carolina, as amended (the" "Act'); and WHEREAS, the Act in N.C.G.S. SS 157-9 and 157-37 gives the City acting as a housing authority the power "to provide for the construction, reconstruction, improvement, alteration or repair of any housing project" and "to borrow money upon its bonds, notes, debentures or other evidences ofi indebtedness and to secure the same by pledges of its WHEREAS, Greens of Concord Apartments, LP, a North Carolina limited partnership, or an affiliated or related entity (the "Company"), intends to provide affordable housing ini the WHEREAS, the Company has requested that the City assist iti int financing the acquisition, rehabilitation and equipping of a 152-unit multifamily residential rental development known as the Greens of Concord and located at 1400 Daley Circle NE in the City (the WHEREAS, the Company has described to the City the benefits of the Development to the City and the State of North Carolina and has requested the City to agree to issue its multifamily housing revenue bonds in such amounts as may be necessary to finance the WHEREAS, the City is of the opinion that the Development is a facility that can be financed under the Act and that the financing of the same will be in furtherance of the  persons of low and/or moderate income.  Bonds or by the Company.  City-the vote: all aye.  ANDI EQUIPPING OF THE GREENS OF CONCORD  and  revenues"; and City; and  Development); and  costs of acquiring, rehabilitating and equipping the Development; and  purposes of the Act; and    404  WHEREAS, the Bonds will not! be deemed to constitute a debt or a pledge of thei faith and credit of the City, the State of North Carolina or any political subdivision thereof and will be payable solely from the revenues and other funds provided for under the agreements NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. It is hereby found and determined that the Development will involve the acquisition, rehabilitation and equipping of a multifamily housing facility, and that therefore, pursuant to the terms and subject to the conditions hereinafter stated and the Act, the City agrees to assist the Company in every reasonable way to issue bonds to finance the acquisition, rehabilitation and equipping of the Development, and, in particular, to undertake thei issuance of the City's multifamily housing revenue bonds (the "Bonds") in an amount now estimated not to exceed Twenty-Four Million Dollars 2. The City intends that the adoption of this resolution be considered as "official action" toward the issuance of the Bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 1.150-2 of the Treasury Regulations issued under the Internal Revenue Code of 1986, as amended (the "Code"). 3. The Bonds shall be issued in such series and amounts and upon such terms and conditions as are mutually agreed upon! between the City and the Company. The City and the Company shall enter into a "financing agreement" pursuant to the Act for a term and upon payments sufficient to pay the principal of, premium if any, and interest on the Bonds and to pay all of the expenses of the City in connection with the Bonds and the Development. The Bonds will be issued pursuant to an indenture or security agreement between the City and a trustee (the "Trustee") or the bondholder which will set forth the form and terms of the Bonds and will assign to the Trustee for the benefit of the holders of the Bonds, or directly to the bondholder, the City's rights to payments under the financing agreement, except the City's rights to payment of fees and expenses and indemnification. The Bonds shall not be deemed to constitute a debt or a pledge of the faith and credit oft the State of North Carolina or any political subdivision or agency thereof, including the City, but shall be payable solely from the revenues and other funds provided 4. The City hereby authorizes the Company to proceed, upon the prior advice, consent and approval of bond counsel and the City's counsel, to obtain approvals in connection with the issuance and sale of the Bonds and to obtain an allocation of a sufficient amount of the State of North Carolina's "private activity bond limit", as required by Section 146 of the Code and as defined in Section 146 of the Code, for the Bonds. 5. Ithaving been represented to the City thati it is desirable toy proceed with the acquisition, rehabilitation and equipping of the Development, the City agrees that the Company may proceed with plans for such acquisition, rehabilitation and equipping, enter into contracts for the same, and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the City without its written consent in each instance to the payment of any monies or the performance of any act in connection with the Development and no such consent shall be implied from the City's adoption of this resolution. The Company has indicated that ite expects to incur and pay expenses relating to the Development prior to the issuance of the Bonds and expects to reimburse those expenditures with proceeds of the Bonds. The City agrees that the Company may be reimbursed from the proceeds of the Bonds, if and when issued, for all qualifying costs sO incurred as permitted by 6. Allo obligations hereunder of the City are subject to the further agreement of the City and the Company to terms for the issuance, sale and delivery of the Bonds and the execution of a financing agreement, indenture or security agreement and other documents and agreements necessary or desirable for the issuance of the Bonds. The City has not authorized and does not authorize the expenditure of any funds or monies of the City from any source other than the proceeds of the Bonds. All costs and expenses in connection with the financing and the acquisition, rehabilitation and equipping of the Development, including the reasonable fees and expenses of the City's counsel, bond counsel and the agent or underwriter for the sale of the Bonds, shall be paid from the proceeds of the Bonds or by the Company, buti iff fora any reason the Bonds are not issued,  related to the Bonds; CONCORD:  ($24,000,000) to provide all or part of the cost of the Development.  under the proposed agreements with the Company.  Treasury Regulations Section 1.150-2.    405  all such expenses shall be paid by the Company and the City shall have no responsibility therefor. Iti is understood and agreed by the City and the Company that nothing contained in this resolution shall be construed or interpreted to create any personal liability of the 7. The officers oft the City are hereby authorized and directed to take all actions 8. The City hereby approves McGuireWWoods LLP, Raleigh, North Carolina, to  officers or council members from time to time of the City. infu furtherance of the resolution and the issuance of the Bonds.  act as bond counsel for the Bonds. Adopted this 12th day of August, 2021.  9. This resolution shallt take effect immediately.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk Festival to be held October 2, 2021.  7. Consider adopting an ordinance to temporarily close Cabarrus Ave (SR 1002) between Market St., SW and Church St., S for the Concord International The City of Concord is co-sponsoring the Concord International Festival. As such, to protect the safety of pedestrians in the event, staff is requesting from NCDOT to temporarily close Cabarrus Ave (SR 1002) between Market St., SWa and Church St., Sto vehicular traffic on October 2, 2021 between the hours of 8:00 A.M. and 8:00 P.M. See A motion was made by Council Member King and seconded by Council Member McKenzie to adopt the following ordinance to temporarily close Cabarrus Ave (SR 1002) between Market St., SW and Church St., S from 8:00 A.M. to 8:00 P.M. for the Concord  attached Ordinance.  International Festival on October 2, 2021--the vote: all aye.  ORD.#21-85  AN ORDINANCE TO TEMPORARILY CLOSE CERTAIN STAIE-MAINTAINED ROADS FOR A SPECIAL EVENT ORGANIZED BY THE CITY OF CONCORD, NC WHEREAS, North Carolina General Statute 20-169 authorizes local authorities to regulate by ordinance the use of a highway within their jurisdiction by processions, assemblages or anything that may be construed as a procession or assemblage, and WHEREAS, the City of Concord will consult with thel local NCDOT Division office to verify that a proposed event will not 1) interfere with other planned special events and 2)i impact or bei impacted by planned maintenance or other activities., and WHEREAS, the City of Concord will co-sponsor with El Puente Hispano and hold The WHEREAS, this event will require the temporary closing of Cabarrus Ave (SR 1002) NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Concord, North Carolina, that Cabarrus Ave (SR 1002) between Market St., SW and Church St., S be closed to vehicular traffic on October 2, 2021 between the hours of 8:00 A.M. and 8:00  Concord International Festival on October 2, 2021; and between Market St., SW and Church St., S.  P.M.  City will place signage as appropriate advising the Public of the closing. A copy oft this Ordinance shall be forwarded to the local NCDOT Division Office.  Adopted this 12th day of August, 2021.    406  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: 8.  /s/ Kim Deason, City Clerk  Consider: approving and adopting the Conceptual Master Plan to develop the The property is adjacent to Clarke Creek (a planned greenway corridor), Cox Mill Elementary School, Odell Recreation Sports fields (City lease beginning August 2021), Cox Mill High School, and Cabarrus Soil and Water Conservation Property. Based on recommendations fromi the 2016 Comprehensive Master Plan, and City Council Strategic Goals, ar new community park in the Northwest region of the City is a high priority for the City. The Comprehensive Plan references the need to expand indoor programs and outdoor amenity offerings in this area, including greenways and trails, splash pads, environmental facilities, areas for both active and passive sports, and a community or The City contracted with the firm Woolpert to complete the design of the park, including the preliminary master plan. Over the past year, City staff, working in conjunction with Woolpert, went through an intensive community engagement process, which featured three (3) separate opportunities for public feedback. The first, a public survey in October of2 2020, was completed by over 1,000 residents with a total of over 500 write-in comments. A second survey, which included a public workshop, was completed in November where citizens were asked specifically to rank their top 5 indoor and outdoor From the first two surveys, Woolpert created two (2) concepts for Council and public review and comments. The first concept included a community center concept featuring an open green space in the center, a smaller communtymutpupose room building, and al larger sport court complex in the front, and a dog park. The second concept was the recreation center concept, featuring an adventure-style playground, larger recreation center with indoor gymnasium and court space, and several outdoor education/open space areas. At third public online survey was then presented, with at total of ciose to 200 responses. The vast majority of residents preferred the Recreation Center concept, with The final conceptual master plan features the results from a very robust community engagement process over the past year. This plan features the following elements: 1- Trails and Connectivity, including ag greenway! loopt trail, boardwalk overlook, and sidewalk connections to adjoining developments, the elementary school, andi the recreation fields; 2-40,000 square foot recreation center, with two gymnasiums, a multi-activity court, a nature center/meeting room, classrooms, administration and lobby area, and a running track/exercise area; 3- Large Open Lawn/Event Space; 4-Splash Pad; 5- Adventure/Obslace-sye playground; 6-Traditional Playground; 7-Outdoor Environmental education area with terraced garden and seating; 8-Pickleball courts; 9- Several ancillary park buildings, including pavilions, restrooms and shelters; 10-Support Services; 11-250+ parking spaces; and 12-Vehicular driveway connections to northern The conceptual master plan will serve as a guiding document for the continued design and development of the park, and may be updated as the project moves through schematic design, design development and construction document phases over the next 2-3 years, and as funding becomes available. Development of the park may also be phased over time with many Council briefings over the course of the design process. A motion was made by Council Member Small and seconded by Council Member McKenzie to approve and adopt the master plan and conceptual design for the J.E. "Jim"  28.6-acre J.E. "Jim" Ramseur Park located at 1252 Cox Mill Road.  recreation center.  facilitylamenity recommendations.  some added elements to consider from both plans.  property and to the Cox Mill School driveway to the south.  Ramseur Park located at 1252 Cox Mill Road-the vote: all aye.    407  9. Consider authorizing the City Manager to negotiate and execute a contract amendment for professional services with Woolpert, North Carolina PLLC to complete the schematic design phase for the J.E. "Jim" Ramseur Park property The property at 1252 Cox Mill Road in Concord, which totals approximately 28.6 acres and is adjacent to Cox Mill Elementary School, was purchased by the City in 2020 to serve as the site of Concord's first Park in the Northwest. In July 2020, Council approved the contract with Woolpert, North Carolina PLLC to complete the master plan and design The amendment of $413,500 will include the following items: 1-Waters of the U.S. & Wetland Boundary Determination. Once the environmental surveying has been completed, Woolpert and their sub-consultant, STV will work directly with the U.S. Army Corps of Engineers, and N.C. Division of Water Resources to verify and certify wetland boundaries & jurisdictional determination; 2-Building Programming & Rendering. The Woolpert Architectural Team will begin the design, programming and rendering process for the proposed recreation center on the property; 3-Pedestrian Bridge Due Diligence. The Woolpert team will begin to review the proposed pedestrian bridge and greenway crossing of Clarke's Creek; 4-Utility coordination, feasibility and assessment. The Woolpert Team along with their subconsultant, Hinde Engineering will review existing as- builts and begin to explore feasible options and costs for water, sanitary sewer, and other utility access to the site; 5-Geotechnical sub-surface investigations. Woolpert's subconsultant, Terracon, will provide Geotech services including soil borings and lab testing on select samples to determine ground conditions on the site; and 6-Schematic Design. The Woolpert Team will begin the schematic design phase for the Park and Recreation Center Development. This phase of the project will include detailed plans, drawings, building renderings and floor plans, proposed grading plans, and cost A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to authorize the City Manager to negotiate and execute a contract amendment with Woolpert, North Carolina, PLLC in the amount not to exceed $413,500 for due diligence and schematic design services for the J.E. "Jim" Ramseur Park-the vote: all 10. Consider awarding a sole source purchase order in the amount of $320,877.36 to Reinhausen Manufacturing Inc. for purchase of two (2) On-Load Tap On-Load Tap Changers (OLTC) are a built-in mechanical part of substation main power transformer. OLTC units have a manufacturer defined lifespan and must be upgraded in the 20-25-year time-frame. The City currently has four (4) substation power transformers that have need of a replacement OLTC due to normal end of life cycle. Staff has been carefully evaluating the four (4) units in question to determine the best options for repair/replace and concluded that an exact replacement from the manufacturer is the only option. The original manufacturer was Westinghouse Inc., which has since been purchased by Reinhausen Manufacturing Inc. Council approved purchase of the first two (2) units in June 2021. This second order of units will complete the materials acquisition. A motion was made by Council Member McKenzie and seconded by Council Member King to award a sole source purchase order in the amount of $320,877.36 to Reinhausen Manufacturing Inc. for purchase of two (2) On-Load Tap Changers-the vote: all aye. 11. Consider awarding al bid for one 44KV Substation Power Transformer for the Country Club Dr. Substation F and one spare 100 KV Power Transformer. Electric Systems staff received bids on July21,2021 for electric equipment and materials required for the replacement of one (1) 27 MVA power transformer for our substation F and one (1) 37 MVA 101.25/ 13.2kv spare power transformer. The bids were arranged into the following two schedules of equipment: Schedule I-27 MVA 43.8v/13.2kv power  located at 1252 Cox Mill Road.  for the park.  estimations.  aye.  Changers.  Installation plan is underway and will be complete in April 2022.    408  transformer; lowest responsible bidder was Virginia Transformer Corp., in the amount of $723,634; and Schedule II - 37 MVA 101.25/ 13.2kv power transformer; lowest responsible bidder was Virginia Transformer Corp., in the amount of $823,975. Staff AI motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to award al bidi int the amount of$1,547,6091 to' Virginia Transformer Corporation for the purchase of two (2) Substation Power Transformers--the vote: all aye. 12. Consider authorizing the City Manager to negotiate and execute a contract with Talbert Brightand Ellington (TBE) to provide engineering, design, and bidding services for the South and North Gravel Parking Lot Paving and Budget In2014, the City of Concord received a grant from the Federal Aviation Administration for the purposes of expanding public parking at the airport. These improvements included design, clearing, grubbing, site grade and gravel to accommodate parking for the commercial airline operations. The two gravels lots are currently being used by a third party. With the recent expansion of airline service, the use of the lots has changed from In2019, the south lot, which holds approximately 364 parking spaces, was utilized during peak summer months 60% of the time. In accordance with the FAA grant assurances, any real property that is converted from aeronautical or public use to non-aeronautical or revenue generated use, the federal portion of the grant improvements must be The FAA has agreed to reduce our amount of entitlement funding for a 3-year period to pay down $1.2 million in grant funding to meet the reimbursement obligation. With the expansion of Allegiant Air ati the airport, thesel lots willl be converted from public to revenue parking facilities. In anticipation of new and expanded service and to ensure adequate parking for Allegiant's customers along with connectivity from the parking lot to the The project will include asphalt pavement overlay of the existing aggregate, drain modifications for grassed islands, erosion control devices, perimeter security fencing relocation and access control system/revenue control system. The funding for the professional services will be from retained earnings at a cost of $161,492. The airport anticipates $2,240,445 in FY 22 tot fund the construction phase of the project. Amotion was made by Council Member Langford and seconded by Council Member King to authorize the City Manager to negotiate and execute a contract with TBE for the design and bidding services for the long-term parking lots and to adopt the following budget  recommended the low! bidder for each Schedule.  Amendment.  alternative parking to an overflow lot for the parking deck.  reimbursed.  commercial terminal bldg., these improvements are necessary.  amendment-the vote: all aye.  ORD.# 21-86  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 SECTION 1. The project authorized is the Long-Term Parking Upgrade. SECTION 2. The City Manager is hereby authorized to proceed with the implementation oft the project within terms ofa grant agreement with the N.C. Department SECTION 3. The following revenues are anticipated to be available to the City of  following project ordinance is hereby ordained:  of Transportation - Division of Aviation.  Concord for the project:  Revenues    409  Current Budget 320,906  Amended (Decrease) Budget 482,906  Account 451-4501680 451-4501680  Title Transfer from Aviation  Increase 162,000 162,000  Total  SECTION4. Thei following amounts are appropriated for the project:  ExpenselExpendtures  Current Budget 0  Amended (Decrease) Budget 162,000  Account 6300-5800449  Title  Increase 162,000 162,000  6300-5800449 Long- Term Parking Upgrade  Total  SECTION 5. Accounting records are to be maintained byt the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget SECTION 6. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 12th  and Fiscal Control Act of the State of North Carolina.  direction in carrying out this project. Manager any unusual occurrences. day of August, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  13. Consider authorizing the City Manager to negotiate and execute a contract with Carolina Siteworks, Inc. for thei installation of the General Services Dr. 12-inch The General Services Line Replacement project consists of the installation of approximately 941 linear feet of 12-in water main along General Services Dr from inside the Brown operation Center to Highway 49. This new water line replaces an existing 8- inch water line that was identified for replacement in our master plan to increase flow distribution throughout our system. The project was bid under the formal bidding process, bids were taken on. July 13, 2021 and 31 bids were received. Thel lowest responsible bidder was Carolina Siteworks, Inc. in the amount of $341,317.90 which is within budget. Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member King to authorize the City Manager to negotiate and execute a contract with Carolina Siteworks, Inc. in the amount of $341,317.90 for the installation of the General Services  Water Line Replacement.  Dr. 12-inch' Water Line Replacement--the vote: all aye. 14. Consider a Preliminary Application from Cedric O. Harris.    410  In accordance with City Code Chapter 62, Cedric Harris has submitted a preliminary application to receive water service outside the City limits. The property is located at 9722 Dewitt Road. The parcel is currently vacant and zoned LDR. The owner proposed to construct one single family home. Sewer is not available to the parcel. Amotion was made by Council Member King and seconded by Council Member Small to accept the preliminary application and have the owner proceed to the final application  phase excluding annexation-the vote: all aye.  15. Consider a Preliminary Application from Sandra S. Diffee.  In accordance with City Code Chapter 62, Sandra Diffee has submitted a preliminary application for water service outside the City limits. The property is located at 1041 Cox Mill Road. The property is currently zoned LDR and developed with a single-family home. There is not sanitary sewer service available to this property. The owner has expressed A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to accept the preliminary application and have the owner proceed to the final  that she is having problems with her well.  application phase excluding annexation--the vote: all aye.  Consent Agenda:  The consent agenda items were presented for the Council's consideration. A motion was made by Council Member King and seconded by Council Member McKenzie to approve the following consent agenda items-the vote: all aye.  CONSENT AGENDA ITEMA  The offers of dedication were accepted on the following plat and easements: Heritage  Ridge at Moss Creek Phase 2 and 62 Woodsdale Place.  CONSENT AGENDA ITEMB wastewater, and transit fees.  The following ordinance was adopted to amend the Fees and Charges schedule for water,  ORD.#21-87  AN ORDINANCE AMENDING FY 2021-22 APPROVED FEES, RATES AND CHARGES SCHEDULE AS ADOPTED IN THE 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 1st, 2021 and ending WHEREAS, the City desires to amend the ordinance as iti relates tot the Schedule of Fees, 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 fees, rates and  on June 30th, 2022, as amended; and  Rates and Charges;  charges are hereby amended as follows: Transit System Concord/kannapolis Rider Credit/Debit Card Processing Fee Water Connection Charges Volume Charges Other Volume Charges outside rate  $1.00  Water Usage through Detector Meters on Fire Lines  $5.33 per 1,000 gallons    411  Wastewater Collection System Use Fees  Volume Charges Outside City Flat-Rate Customers  $27.56 $32.78 per month  This Ordinance amendment shall be effective upon adoption.  Adopted this 12th day of August 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMC  The Payment Standards for the Housing Department was increased to encourage  landiord participation in the Housing Choice Voucher program.  CONSENT AGENDA ITEMD  The following ordinance was adopted to amend the FY 2021/2022 Budget Ordinance for the General Fund to appropriate unspent FY: 2021 funds for the Public Art Committee.  ORD.#21-88  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 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  ending on June 30, 2022, as amended; and accounts in the funds listed fori the reason stated;  hereby amended as follows:  Revenues Current Budget 9,149,109  Account 100-4370000 Fund  Title  Amended (Decrease) Budget 9,168,909  Increase 19,800 19,800  Appropriated Balance  Total  ExpensesExpendrures  Current Budget 87,081  Amended (Decrease) Budget 106,881  Account  Title  Increase 19,800  4910-5194000 Contract Services    412 Total  19,800  Reason: Toa appropriate unspent funds from FY 2021 fort the art committee.  Adopted this 12th day of August, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /sl Kim Deason, City Clerk  /sl VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEM E  The following capital project ordinance was adopted to amend the Transportation Projects  Fund.  ORD.#21-89  CAPITAL PROJECT ORDINANCE US601/Flowes Store Improvements  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  project ordinance is hereby ordained:  SECTION 1. SECTION 2. specifications for the projects. SECTION 3. Concord for the project:  The project authorized is the US601/Flowes Store Improvements. The City Manager is hereby authorized to proceed with the The following revenues are anticipated to be available to the City of  implementation and amendments of the projects within the terms of the plans and  Revenues  Current Budget 5,236,043  Amended (Decrease) Budget 3,869,321 (1,366,722)  Account 423-4338600 423-4338600 SECTION 4.  Title CMAQ Grant  Increase (1,366,722)  Thei following amounts are appropriated for the project:  ExpenseslExpendtures  Current Budget 4,079,873  Amended (Decrease) Budget 2,713,151 (1,366,722) 16,995 4,218,960  Account 8600-5811257 8600-5811257 8600-5811240 8600-5811240 8600-5811073 8600-5811073 SECTION5.  Title US601/Flowes Store US 29 Bridge 66 &69 15,553 Future Improvements 4,220,402  Increase 1,442 (1,442) (1,366,722)  Accounting records are to be maintained byt the Finance Department  of the City of Concord in such manner as (1) to provide all information required by the    413  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 amendment shall be filed with the City Manager, Finance Director, and City Clerk for this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 12th day of  and Fiscal Control. Act of the State of North Carolina.  SECTION6. SECTION7.  Within five (5) days after adopted, copies of this grant project The Finance Director is directed to report on the financial status of  direction in carrying out this project. Manager any unusual occurrences.  August, 2021.  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 ITEMF Golf Projects Fund project budget.  The following ordinances were adopted to amend the Golf Fund operating budget and the  ORD.#21-90  CAPITAL PROJECT ORDINANCE  Range Netting  BEI IT ORDAINED byt 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. for the projects. SECTION 3.  The project authorized and amended is Range Netting.  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  The following revenueslexpenditures are anticipated to be available to  the City of Concord for the project:  Current Budget $100,000 $0  Amended (Decrease)  Account 7550-5811404 7550-5811404 475-4501650  Title Range Netting  Budget $102,745 $2,745  Increase $2,745 $2,745  475-4501650 Transfer Golf Fund  SECTION4 4.  Accounting records are to be maintained by the Finance Department    414  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 amendment shall be filed with the City Manager, Finance Director, and City Clerk for SECTION6. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 12th day of  and Fiscal Control Act of the State of North Carolina.  SECTION 5.  Within five (5) days after adopted, copies of this grant project  direction in carrying out this project. Manager any unusual occurrences.  August, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  ORD.#21-91  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 expenselexpenaitures 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, thet 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  Account  Title  Amended Budget  (Decrease) Increase  Total  ExpensesExpendures  Current Budget 0 106,132  Amended Budget 2,745 103,387  (Decrease) Increase 2,745 (2,745) 0  Account  Title  7501-5987000 Transfer to Golf Projects 7501-5990001 Approp to Ret Earnings  Total    415  Reason: To transfer operating funds to the range netting project to cover the additional  money needed to complete the project. Adopted this 12th day of August, 2021.  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 ITEM G  The following ordinance was adopted to amend the FY 2021/2022 General Fund budget  and approve the use of contingency funds.  ORD.#21-92  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, BEI IT ORDAINED byt the City Council of the City of Concord thati in accordance witht the authority contained in G.S. 159-15, thet following accounts are hereby  June 30, 2022, as amended; and  accounts in thet funds listed for the reason stated;  amended as follows:  Revenues  Account  Title  Current Budget  Amended Budget  (Decrease) Increase  Total  ExpenseslExpendtures  Current Budget 443,839 0  Amended Budget 440,839 3,000  (Decrease) Increase (3,000) 3,000 0  Account 4190-5992000 4110-5470040  Title Contingency Donations  Total  Reason: To fund donation for memorial honoring LTC Parker and authorize use of the  contingency funds.  Adopted this 12th day of August, 2021.    416  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk CONSENT AGENDA ITEMH CONSENT AGENDA ITEMI practices in the hiring process. CONSENT AGENDA ITEMJ  Is/ VaLerie Kolczynski, City Attorney  The Title VI Policy was amended to include Appendix F.  An amendment to Article 8.1, Hiring Procedure Policy, of the City's Personnel and Procedures Policy was approved. The amendment will minimize the risk of discriminatory  An amendment to Article 8.13, City of Concord Computer Network, Email and Internet Access Policy of the City's Personnel Policies and Procedures was approved. The amendment will reflect the City's procedures regarding fraudulent messages, which is  also referred to as phishing. CONSENT AGENDA ITEMK CONSENT AGENDA ITEML CONSENT AGENDA ITEMI M CONSENT AGENDA ITEM N  The second quarter water and wastewater extension report for 2021 was received. The Tax Office collection reports for the month of June 2021 were accepted. The Tax releases/refunds for the month of June 2021 were approved.  The monthly report on status of investments as of June 30, 2021 was received.  Following the announcement, a motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adjourn the meeting--the vote: all aye.  haiiy William C. Dusch, Mayor  Kim Deason, Clerk daaRe