273  CONCORD CITY COUNCIL REGULAR MEETING MAY13, 2021  Ar regular meeting of the City Council for the City of Concord, North Carolina, was held on May 13, 2021, at6:00 p.m. int the Council Room of City Hall, with Mayor William C. Dusch  presiding.  Council members were present as follows:  Members Present: Mayor Pro-Tem W. Brian King Council Member Andy Langford Council Member Ella Mae P. Small Council Member JCI McKenzie Council Member TerryL. Crawford Council Member Jennifer H. Parsley Council Member. John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason Various Department Directors  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: vote: all aye. Presentations: 1.  A motion was made by Council Member Crawford and seconded by Council Member Sweat to approve the minutes fort the meetings of April 6, April 8, and April 20, 2021--the  Police Chief Gacek presented the Medal of Valor award and Purple Heart award to Ms. Haylee Shuping on behalf of her husband, fallen Police Officer. Jason Shuping. He also presented other awards to citizens, city staff, and police department staff for their contributions following Officer Shuping's tragic death. The Medal of Valor is the highest commendation bestowed upon a Concord Police Department coworker and is awarded for exceptional bravery att thei imminent risk of death ors serious bodily injuryt that goes beyond the call of duty. The Purple Heart is awarded for serious bodily injury or death while confronting a criminal element during the course of police interaction witht thep public. Officers Jason Shuping andI Kaleb Robinson earned both the Medal of Valor and Purple Heart. Officers Kyle Baker and Paul Stackenwaldt earned Officer Shuping was also awarded Coworker of the Month for December 2020 and Coworker of the Year for 2020. Furthermore, a number of citizens and city staff will be awarded al Distinguished Service. Award for their contributions following Officer Shuping's Select department coworkers also earned the department's Excellence in Police Service  the Medal of Valor.  line of duty death.  award for their contributions as well.    274  2 3 Department. 4. Department. 5.  Mayor Dusch presented a Proclamation to Transportation Director, Phillip Mayor Dusch presented a Certificate of Appreciation to Bob Pate for over 37 years of loyal and dedicated service to the City of Concord Electric Systems Mayor Dusch presented al Retirement! Plaque to Danny' Williamson recognizing his 38 years of loyal and dedicated service to the City of Concord Water Resources The City Manager presented the 2021 Jo Atwater Continuous Core Values The Jo Atwater Continuous Core Values Award is thel highest award presented toa City of Concord Coworker. This award continues Jo's vibrant spirit and valued legacy by annually recognizing one coworker that best embodies our organizational core values and  Graham, recognizing May 16-22, 2021 as National Public Works Week.  Award to Electric Systems Underground Supervisor, Larry Barbee.  commitment to serving others in the community.  Departmental Reports:  The Mayor and Council received an update ont the George W. Liles Pkwy Small Area Plan  at the Tuesday, May 11,2021, Work Session.  Public Hearings: 1.  Conduct a public hearing and consider granting a franchise to US Tire Recycling Partners, L.P. for a Scrap Tire Collection & Processing Operation and The City last granted a franchise to US Tire Recycling Partners, L.P. in 2016 and that franchise expires on August 11,2021. 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 from initial receipt of waste at the site in 1998. This franchise will expire on August 12, 2058. The granting of this franchise requires two readings of the AI motion was made by Council Member Crawford and seconded by Council Member  Scrap Tire Disposal Facility.  proposed franchise ordinance at two separate public hearings. Sweat to open the public hearing- -the vote: all aye. The City Attorney explained the request. close the public hearing--the vote: all aye.  There was no one signed in to speak ini favor or in opposition to the request. Therefore,: a motion was made by Mayor Pro-Tem King and seconded by Council Member Small to Ar motion was made by Council Member Crawford and seconded by Mayor Pro-Tem King to adopt the first reading of a franchise to be granted to US Tire Recycling Partners, L.P. for a Scrap Tire Collection & Processing Operation and Scrap Tire Disposal Facility-the 2. Conduct a public hearing pursuant to NC General Statutes Sec. 158-7.1 and consider offering a contract for a Level 2 Infrastructure Grant to Project Spring to develop four small-bay industrial speculative buildings totaling approximately Under the North Carolina General Statutes, City Council may offer incentives in order to stimulate private sector expansion of new facilities. Phase 1 of the proposed Springs Business Park would include Building A (22,950 SF), Building B (27,000 SF), and Building C(22,950 SF). Phase 1 represents an approximate $9,500,000 investment in real property. Phase 2 would include a fourth building totaling 46,500 SF and represent an approximate  vote: all aye.  119,400 SF located at 560 Pitts School Road NW, Concord, NC.    275  $3,500,000 investment in real property. Required infrastructure improvements include road improvements at Pitts School Road and Weddington Road and an entry road to serve the proposed business park thatr represent a total estimated cost of $1,056,967. The Cityv would make a one-time $159,120r reimbursement payment to the Project to assist with a portion of that infrastructure cost after the infrastructure is installed. The grant amount was calculated based on 85% of new City property taxes generated over three Ar motion was made by Council Member Sweat and seconded by Council Member Parsley There was no one signed in to speak int favor ori in opposition toi the request. Therefore,a motion was made by Council Member Sweat and seconded by Council Member Crawford Ar motion was made by Council Member Crawford and seconded by Mayor Pro-Tem King to offer a contract for Level 2 Infrastructure Grant to Project Spring to develop four small- bayi industrial speculative buildings totaling approximately 119,400 SF located at 560 Pitts Schooll Road NW, Concord, NC, pursuant tol NC General Statutes Sec. 158-7.1-t the vote: Conduct a public hearing and consider adopting an ordinance annexing +l- 4.757 acres, located at 2183 and 23151 Heglar Rd., owned by Randyand SherryWalter  years from the project's total estimated $13,000,000 investment.  to open the public hearing- - the vote: all aye. to close the public hearing- the vote: all aye.  all aye. 3.  and Niblock Homes LLC.  The applicant requested this item be tabled.  Ar motion was made Council Member Sweat and seconded Council Member Small tot table the request until the June 10, 2021 City Council meeting-the vote: all aye.  Presentations of Petitions and Requests  1. Consider adopting a resolution authorizing the sale of 101 Georgia Street. The Citya acquired this property on May 17, 2006. AlI City departments have confirmed that they property is not needed for any purpose. On or about April7,2021, the City received an Offer to Purchase the Property from Young Circle Cottages, LLC for $5,000. The buyer wishes to use thep property to construct a driveway access for the neighboring lot. Thet tax value oft they propertyi is $9,000; however, therei is as sewerl line crossing the propertyins such a way as to make it unbuildable for any purpose other than access. An easement for the A motion was made by Mayor Pro-Tem King and seconded by Council Member Crawford to adopt the following resolution authorizing the sale of 101 Georgia Street, directing the City Clerk to advertise for upset bids and directing the City Attorney to take all necessary actions to complete the salei in the event no upset bids are received--the vote: all aye. RESOLUTION. AUTHORIZING CONSIDERATION of NEGOTIATED OFFER, WHEREAS, North Carolina General Statute S 160A-269 permits the City to sell real property by upset bid after the receipt of an Offer to Purchase Property; and WHEREAS, the City of Concord acquired real property at 101 Georgia Street SW by Commissioner's Deeds as recorded on May 16, 2006 in Deed Book 6749, at Page 333of WHEREAS, 101 Georgia Street SW ("Property") is further described as follows: BEGINNING at a point in the Western margin of Georgia Avenue SE, said point lying N. 34-05-35 W. 90.37 feet from the intersection of Georgia Avenue SW and Young Avenue SW; thence with said margin S. 34-02-35 W. 45.99 feet to point; thence N. 54-50-57E.  sewer line willl be reserved.  ADVERTISEMENT, AND UPSET BID  the Cabarrus County Registry; and    276  105.13 feet to an existing 34 iron rod, a corner of L.B. McEachern and the Community Development Property; thence witht two lines of McEachern, N. 55-03-49E.37.87 feettoa bent X4" iron pipe; thence S. 33-47-07 E. 46.00 feet to a point; thence with another line of McEachern and Calvin Junior Hillie, S. 54-50-57 W. 142.64 feet to the POINT OF BEING the same property conveyed to the City of Concord by Quitclaim Deed as recorded 05/16/2006 in Deed Book 6749, at Page 333 of the Cabarrus County Registry. Propertyi is to be conveyed SUBJECTTOar reserved 30-foot utility easement to the Cityof WHEREAS, on April 7, 2021, the City received an Offer to Purchase the Property from WHEREAS, the Buyer have deposited a 5% deposit of $250.00 with the City Clerk; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF 1. The City Councili intends to accept the offer described above through the upset bid procedure outlined in North Carolina General Statute S 160A-269. 2. The Offeror shall submit four hundred seventy-five dollars and no cents ($250.00) 3. The City Clerk shall cause to be published a notice of the proposed sale of the Property, that being further described as a parcel of land, 101 Georgia Street SW ("Property") is further described as follows: BEGINNING at a point in the Western margin of Georgia Avenue SE, said point lying N. 34-05-35V W. 90.37 feet from the intersection of Georgia Avenue SW and Young Avenue SW; thence with said margin S. 34-02-35V W. 45.991 feet to point; thence N. 54-50-57 E. 105.13 feet to an existing % iron rod, a corner of L.B. McEachern and the Community Development Property; thence with two lines of McEachern, N. 55-03-49E E.37.87 feet to abent 34" iron pipe; thence S. 33-47-07 E. 46.001 feet to a point; thence with another line of McEachern and Calvin Junior Hillie, S. 54-50-57 W. 142.64 feet to the POINT OF BEGINNING, having an area of 6580 square feet and BEING the same property conveyed toi the City of Concord by Quitclaim Deed as recorded 05/16/2006 in Deed Book 6749, at Page 333 of the Cabarrus County Registry. This Property is to be conveyed SUBJECT TO a reserved 30-foot utility easement to the City of Concord. The notice shall describe the property, the amount of the offer, the terms under which the sale is to be made, and the terms under which the offer may be upset. 4. Any persons wishing to upset the offer shall submit a sealed bid along with their offer and deposit to the office of the City Clerk within 10 days after the notice of the proposed sale is published. At the conclusion of the 10-day period, the City Clerk shall open the bids, if any, and the highest bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will 5. Ifaqualifying higher bidi is received, the City Clerk shall cause a new notice of upset bid to be published and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of 6. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the 7. All bids, including the qualifying higher bid must also be accompanied by a deposit int the amount ofi five percent (5%) of the total bid; the deposit may be made in cash, cashier's check, or certified check to the City Clerk. The City will return the deposit on any bid not accepted and will return the deposit on an offer subject to upset ifa  BEGINNING, having an area of 6580 square feet.  Concord.  Young Circle Cottages, LLC ('Buyer) for $ 5,000.00; and  CONCORD, THAT:  as a deposit to be held by the City Clerk; and  become the new offer.  the final high bid shall be reported to the City Council.  remainder of that offer.  qualifying higher bid is received. 8. The final sale shall include the following terms:    277  a. The Citywill convey 101 Georgia Street SW the Highest Bidder, as stated in  the Agreement for Purchase and Sale of Real Property.  b.  The City will convey the property subject to a reserved 30-foot utility easement tot the City of Concord, along with any and all existing public utility easements, restrictions, rights-of-way, protective covenants, zoning laws,  conditions, and any ordinance of record.  C.  The closing shall take place on or before June 28, 2021.  9. The City reserves the right to withdraw the property from sale at any time, before the final high bid is accepted and reserves the right to reject, at any time, all bids. 10. The City Attorneyi is directed to take all necessary steps to complete the salei in the event no upset bids are received. The City Manager is authorized to execute the necessary instruments to effectuate the sale of 101 Georgia Street, SW in  accordance with this resolution. Adopted this 13 day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTHCAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  2.  Consider adopting a resolution to sell .81 acres of vacant land located at 39 Woodsdale Place SE (PIN #5 5630-08-3942) to Concord Greenway Townhomes, LLC for $33,000 and the construction of the road connecting Patterson Avenue to The parcel located at 39 Woodsdale Place was acquired by the City for the purpose of extending Patterson Avenue to' Woodsdale to provide access for emergency: services and garbage to Woodsdale Place, which is very narrow and has ai tighti intersection at Cabarrus In October 2020, City Council approved a temporary construction easement to Concord Greenway Townhomes, LLC to construct a temporary access to Woodsdale Place to facilitate the site work for twenty-two townhomes that are approved on' Woodsdale Place. Concord Greenway Townhomes is now desiring to acquire the parcel forfurthertownhome development and, as part of the acquisition, will construct the road connecting Pattersonto The offer, if accepted by Council, will fulfill a goal of staff to improve the access to Woodsdale as well as create additional homeownership opportunities adjacent to Downtown. The developer has coordinated with the City's Transportation Department on the road alignment, right-of-way, and thei installation of a sidewalk on one side oft the road. The estimated value for the road and corresponding improvements is $90,000. Amotion was madel by Council Member Small and seconded by Council Member Sweat to adopt the following resolution to sell 81 acres at 39 Woodsdale Place SE for $33,000 and the construction of the connecting road with curb and gutter and sidewalk valued at $90,000 and direct the City Clerk to publish a notice of proposed sale of the property--the RESOLUTION AUTHORIZING CONSIDERATION of NEGOTIATED OFFER, WHEREAS, North Carolina General Statute S 160A-269 permits the City to sell real property by upset bid after the receipt of an Offer to Purchase Property; and  Woodsdale Place valued at $90,000.  Avenue further making turning movements difficult for large trucks.  Woodsdale.  vote: all aye.  ADVERTISEMENT, AND UPSET BID    278  WHEREAS, the City of Concord ("City") acquired the real property parcel located at 39 Woodsdale (PIN 5630-08-3942) ("City Parcel") by Deed recorded in Deed Book 1442, at WHEREAS, Concord Greenway Townhomes, LLC desires to purchase the parcel owned byt the City fort the purpose of having fee simple ownership and to construct a connecting Lying and beingi in Cabarrus County, City of Concord, Township Number, twelve (12) and BEING a. .81 Acres identified as PIN 5630-08-3942, Tax ID No. 12-025-0110.00; and WHEREAS, on March 15, 2021, the City received an Offer tol Purchase the Property from Concord Greenway Townhomes, thirty-three thousand dollars and no cents; and Whereas, Concord Greenway Townhomes, LLC pledges to construct a road connecting Patterson Avenue to Woodsdale Place at an estimated value of $90,000; and WHEREAS, the Buyer have deposited a 10% deposit of $3,300.00 with the City Clerk; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. The City Council intends to accept the offer described above through the upset bid procedure outlined in North Carolina General Statute S 160A-269. 2. The Offeror shall submit three thousand three hundred dollars and zero cents ($3,300) as a deposit to be held by the City Clerk; and 3. The City Clerk shall cause to be published a notice of the proposed sale of the Property, Lying and beingi in Cabarrus County, City of Concord, Township Number, twelve (12) and BEING a 0.81 Acres identified as PIN 56-30-08-3942, Tax ID No. 12-025-0110.00, thet terms under whicht the salei ist tol be made, and thet terms under 4. Any persons wishing to upset the offer shall submit a sealed bid along with their offer and deposit to the office of the City Clerk within 10 days after the notice oft the proposed sale is published. At the conclusion oft the 10-day period, the City Clerk shall open thel bids, ifany, and thel highest bid willl become the new offer. Iftherei is morei than one bidi int thel highest amount, thet firsts such bid received willl become the 5. Ifac qualifying higher bidi is received, the City Clerk shall cause ar newr notice of upset bid to be published, and shall continue to do so until a 10-day period has passed without any qualifying upset bid having been received. At that time, the amount of 6. A qualifying higher bid is one that raises the existing offer by not less than ten percent (10%) of the first $1,000.00 of that offer and five percent (5%) of the 7. All bids, including the qualifying higher bid must also be accompanied by a deposit int the amount off five percent (5%) oft thet total bid; the deposit may be madei in cash, cashier's check, or certified check to the City Clerk. The City willr return the deposit on any bid not accepted and will return the deposit on an offer subject to upset ifa a. The City will convey 0.81 Acres identified as PIN: 56-30-08-3942, Tax IDI No. 12-025-0110.00 to the Highest Bidder, as stated in the Agreement for The City will convey the property subject to any and all existing public utility easements, restrictions, rights-of-way, protective covenants, zoning laws,  Page 0194; and  roadi is further described as follows:  CONCORD, THAT:  which the offer may be upset.  new offer.  thet final high bid shall be reported to the City Council.  remainder ofi that offer.  qualifying higher bid is received. 8. The final sale shall include the following terms:  Purchase and Sale of Real Property. conditions, and any ordinance of record.  b. C.  The closing shall take place on or before June 30, 2021.    279  9. The City reserves the right to withdraw the property from sale at any time, before thet final high bidi is accepted and reserves thei right to reject, at any time, all 10. The City Attorneyi is directed tot take all necessary steps to complete the sale ini the event no upset bids are received. The City Manager is authorized to execute the necessary instruments to effectuate the sale of 0.81 Acres of real property identified as PIN 56-30-08-3942, Tax ID No. 12-025-0010.00 in accordance with  bids.  this resolution.  Adopted this 13th day of May 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  3. Consider adopting a resolution of intent to schedule a public hearing on the matter of abandoning a portion of a public right of way easement for 2' of an 8' As part of the 30 Market Street Lansing Melbourne Group (LMG) project, aka Novi Rise, the developer's design team has uncovered the need to move the building two feet from where itv was reflected ont thei initials site plan because ofas structural design issue regarding the! building andt the retaining wall adjacent tot the City's alley! between 30 Market Streeta and The proposali includes the abandonment ofa at two-foot portion oft the right-of-way easement between: 30 Market Street and CESI to accommodate the new proposed building location. The developer has indicated that their design team will ensure that the alley will be an enticing thoroughfare that pulls the user through. Design elements could include fixed A motion was made by Council Member Crawford and seconded by Council Member McKenzie to adopt the following resolution of intent to set a public hearing for June 10, 2021 ont ther matter of abandoning ay portion ofap public right of way easement for 2'ofan8  public alley between Spring St. and Market Street.  City Hall.  lighting on the building, overhead string lighting, and public art.  public alley between Spring St. and Market Street-the vote: all aye.  RESOLUTION OF INTENT  WHEREAS, G.S. 160A-299 authorizes the City Council to close public streets and alleys; WHEREAS, the City Council considers it advisable to conduct a public hearing for the purpose of giving consideration to the closure of a portion of an alley between Spring St.  and  SW and Market St. SW.  NOW, THEREFORE, BE IT RESOLVED by the City Council that:  A meeting will be held at 6:00 p.m. on the 10th day of June, 2021 at the City Hall Council Chambers to consider: a resolution on the closure ofa2-foot-wide portion ofa a public alley between Spring St. and Market St. as depicted on a survey entitled "Exhibit Plat: Partial Abandonment of the Public Alley Owned by The City of Concord crossing Deed Book  14774 Page 76" dated May 4, 2021, and as further described below:  PART OF THE PROPERTY OF: THE CITY OF CONCORD (Map Book 67 Page 76)  A2'WIDE (STRIP) PORTION OF AN EXISITING 8' WIDE ALLEY CROSSING TRACT 'B' OF MINOR SUBDIVISON PLAT OF THE CITY OF CONCORD PROPERTY    280  (Deed Book 14774, Page 76) (PIN: 5620-87-7591) (Real ID: 12-031-0004.00) Lying and beingi in the City of Concord, No. 12 Township, Cabarrus County, North Carolina, crossing TRACT 'B' OF MINOR SUBDIVISON PLAT OF THE CITY OF CONCORD PROPERTY (Map Book 67 Page 76) (PIN: 5620-87-7591) (Real ID: 12-031-0004.00)as recorded among the Cabarrus County Register of Deeds; and being more particularly Commencing from an existing BENT IRON FOUNDI located on the east side Publicl Righto tof Way line of Spring Street, SW (a variable width Public Right of Way) (Map Book 67 Page 76) at the common corner of the property of the aforesaid TRACT 'B' and the property of CESI, LLC. (now or formerly) Deed Book 3680 Page 196 (PIN: 5620-87-9426; Reall ID:1 12- 031-0008.00); said BENT IRON FOUND being further described as being the southwest corner of the existing 8'Wide Public Alley, a portion of which is being described herein and also having NC (NAD 83/2011) Grid Coordinates of N: 6074631,E132880927 and being located North 09°16'33" West 7,616.38 feet (ground) from NCGS Monument "PENNEY"; thence running a Tie Line of North 53°04'50" West 6.13 feet along the common line of the west side of the aforesaid Alley and the aforesaid TRACT 'B' toa MAGNETIC NAIL SET on said common line, said MAGNETIC NAIL SET being further described as being the POINT OF BEGINNING (P.O.B.) of the 2' Wide (Strip) Portion of the existing 8' Wide Public Alley being abandoned; thence leaving the Point of Beginning 1. North! 53-04'50"West: 2.04 feet to a COMPUTED POINT, said COMPUTED POINT being further described as being as the northwest corner of the aforesaid Alley; thence leaving the east side Public Right of Way line of Spring Street, SW and 2. North 48°47'03" East 176.091 feet to a COMPUTED POINT on the common line of the west side Public Right of Way line of Market Street, SW (a variable width Public Right of Way) (Map Book 67 Page 76) and the aforesaid TRACT 'B, said COMPUTED POINT being further described as being as the northeast corner of the aforesaid Alley; thence running along the common line of the east side ofs said Alley 3. South 40°09'38" East 2.00 feet to a MAGNETIC NAIL SET on said common line; thence leaving said common line and running a NEWLINE through said Alley 4. South 48°47'03" West 175.64 feet to the Point of Beginning and containing 352 a. The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks in The Independent Tribune or other newspaper of The City Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of this The City Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required  described as follows:  A2'WIDE (STRIP) PORTION OF AN EXISTING 8' WIDE ALLEY  (P.O.B.) and continuing along said common line.  running along the northern line of said Alley  and TRACT'B  square feet or 0.008 acres of land, more or less.  general circulation in the area. Resolution of Intent. by G.S. 160A-299. Adopted this 13thday of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk    281  4.  Consider approving a mural to bei installed on the ClearWater campus. Overt thep past fewy years, staff! has received community comments noting the exterior oft the buildings does not accurately reflect the creative activities housed inside. Suggestions Sarah Gay, Coordinator of ClearWater, reached outt to areal muralist forp possible designs to capture thei idea. The designs were presented to the resident artist at ClearWater fori their thoughts and recommendations. The ClearWater Coordinator worked with the Gibson Village Neighborhood President to soliciti input oft the proposed selection. At total of over 82 persons viewed with 14 providing positive feedback and 3 provided negative feedback. The design by muralist/artist, Owl, captures the weaving of cultural backgrounds, neighborhood change and the mill heritage with colorful undulating fabric-like geometric shapes. The Public Art Committee alsor reviewed the design and votedt to recommend City Council approve ther mural and commission Owlt to complete the work. The mural cost will Amotion was made by Council Member Small and seconded by Councill Member Langford to approve a mural to be installed on the ClearWater campus-the vote: all aye. Consider authorizing the City Manager to negotiate and execute a contract with. J.D. Goodrum Company, Inc. fort the Obstruction Removal Project at Concord- Bids were opened on March 31, 2021. Only one bid was received sO the project was re- advertised in accordance with NC General Statutes. The second bid opening was held on April8 8, 2021 and again only one bid was received. J.D. Goodrum Company Inc. submitted the low responsive base bid in the amount of $387, ,855. Talbert, Bright and Ellington reviewed the bid and concurred all bid requirements oft the specifications were met. This project willl be 90%1 funded using funds from thel Federal Aviation. Administration (FAA)AIP Granta andi the 10% match willo comet from the! North Carolina Department ofTransportation A motion was made by Council Member Sweat and seconded by Council Member Crawford to authorize the City Manager to negotiate and execute a contract with J.D. Goodrum Company Inc. ini the amount of $387,8551 for the Obstruction Removal Project at Consider authorizing the City Manager to negotiate and execute a contract with Talbert, Brighta and Ellington, Inc (TBE) to perform engineering services for the The City's Aviation Department in conjunction with the Federal Aviation Administrationis developing a 300' x 300' sq. ft. general apron expansion north of Hendrick Motor Sports hangar. FAA has approved the funding for the Category Exclusion phase, CAT (X). In order to compete in next year's funding cycle for discretionary funds, staff is requesting approval to proceed with the design and bidding for the apron expansion. The project will include a bituminous asphalt pavement, erosion control devices, perimeter security fence relocation and airfield taxiway lighting adjustments. Total cost for engineering services will be $197,591.40 and will be funded by the North Carolina Department of Transportation Ar motion was made by! Mayor Pro-Tem King ands seconded by Council Member Parsley to authorize the City Manager to negotiate and execute contract with TBE - Work Consider authorizing the City Manager to negotiate and execute a contract with Wolen, LLC for the Air Traffic Control Tower Equipment ReplacementProectat  have been received to use murals to help energize the campus.  be $5,000 paid with revenue generated from ClearWater rentals.  5.  Padgett Regional Airport.  Division of Aviation.  Concord-Padgett Regional Airport-the vote: all aye. North Apron Expansion Work. Authorization 1905.  6.  Division of Aviation.  Authorization 1905--the vote: all aye. Concord-Padgett Regional Airport.  7.    282  Bids were opened on April 7, 2021. Only one bid was received so the project was re- advertised in accordance with NC General Statutes. The second bid opening was held on April 15, 2021 and again only one bid was received. Wolen, LLC submitted the low responsive basel bid ini the amount of $267,826. Talbert, Bright and Elington reviewed the bid and concurred all bid requirements of the specifications were met. This project will be 90% funded using funds from the Federal Aviation. Administration (FAA)AIP Granta and the 10% match will come from the North Carolina Department of Transportation Division of Amotion was made by Council Member Parsley and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Wolen, LLC in the amount of $267,826 for the Air Traffic Control Tower Equipment Replacement Project at Consider awarding bids for electric equipment and materials for the Union Cemetery Rd. Delivery Station #4 to: Dis-Tran Packaged Substation Engineering, PLLC, Siemens Energy Inc., SPX Transformer Solutions Inc., Virginia Transformer Corporation, S&C Electric Company, ABB Inc., Birmingham Control Systems and Electric Systems staff received bids on April 14, 2021 for electric equipment and materials required for the construction ofar new delivery point and substation located South of Union The bids were arranged into the following nine schedules of equipment: Schedule I- Substation steel and structures- Dis-Tran Packaged Substation Engineering, $1,066,835; Schedule II- Three 48KV circuit breakers- Siemens Energy, Inc., $100,350; Schedule III- Six 100KV circuit breakers- Siemens Energy, Inc., $269,650; Schedule IV --One 84 MVA power transformers, SPXTransformer Solutions Inc., $823,783 (Lowest responsive bidder when factoring in Total Ownership Cost analysis.); Schedule V- Two 27 MVA Power transformers, Virginia Transformer Corporation, $1,489,612 (Lowest responsive bidder when factoring in Total Ownership Cost analysis.); Schedule VI - Two 100KV circuit switchers, S&C Electric Company, $111,506; Schedule VII - Ten 15KV circuit breakers, ABB Inc., $156,860; Schedule VIII - Relay Panels, Birmingham Control Systems, $207,947; and Schedule IX - Two Control equipment houses, VFP, Inc., $156,522. All schedules combined total $4,383,065. Funding will be from the existing Delivery 4 Amotion was made by Mayor Pro-Tem King and seconded by Council Member Crawford to award bids for electric equipment and materials for the Union Cemetery Rd. Delivery Station #4 to: Dis-Tran Packaged Substation Engineering, PLLC, Siemens Energy Inc., SPX Transformer Solutions Inc., Virginia Transformer Corporation, S&C Electric Company, Consider authorizing the City Manager to negotiate and execute a contract with Litman Excavating, Inc. for the replacement of the culvert on Duval St.NW. The Duval St. NW Culvert replacement project consists of the removal of the existing of culvert, the construction ofa double-barrel culvert, and associated services that willi include roadway pavement reconstruction and other appurtenances. The project was bid under the formal bidding process. Bids were taken on April 29, 2021 and five (5) bids were received. The lowest responsible bidder was Litman Excavating, Inc. in the amount of $600,616.50, Amotion was made by Council Member Parsley and seconded by Council Member Sweat to authorize the City! Manager to negotiate ande execute a contract with Litman Excavating, Inc., int the amount of $600,616.50, for the replacement of the stormwater culverts on Duval 10. Considereliminating the temporatysuspension of fare collection and resume  Aviation.  the Concord-Padgett Regional Airport-the vote: all aye.  8.  VFP Inc.  Cemetery Road.  project account with standing balance of $15,675,166.  ABB Inc., Birmingham Control Systems and VFP Inc-the vote: all aye.  9.  which is under the budgeted amount.  St. NW--the vote: all aye.  collection of fares on Rider Transit.    283  Staff proposes to eliminate the temporary suspension of fare collection on Rider Transit currentlyi inp place due tot the COVID-19 pandemic and resuming regular fare collectiona and operations on. July 1,2021. This action is a part oft the current proposed FY22 Rider Transit budget and was approved unanimously byt the Concord Kannapolis Transit Commission at Amotion was madel by Council Member Small and seconded by Council Member Sweat to 11. Consider awarding the total bid for the City of Concord's annual street preservation program to Ferebee Corporation and approve the attached budget One of Council's continuing goalsi is toi improve the service levels and delivery oft the City's annual street preservation program. Formal bids for this work were opened on April 22, 2021 with Ferebee Corporation submitting the lowest total bid in the amount of $3,824,006.90. Work such as patching, leveling, milling, resurfacing, re-striping, re- marking, and re-installation of permanent raised pavement markings work on approximately 28 lane miles of designated streets and 10,000 Tons of patching on other City infrastructure willl be performed. Powell Bill receipts and General Fund revenues are being used tot fund this work by contracted forces. Contract Final Completion date is 180 Amotion was made by Council Member Sweat and seconded by Council Member Parsley to award the total bid and authorize the City manager to negotiate and execute a contract with Ferebee Corporation, int the amountofs38240890, for the City of Concord's annual streets preservation program and adopt the following budget ordinance to appropriate  their April 21.2021 meeting.  resume Rider Transit fare collection on July 1,2 2021--the vote: all aye.  ordinance to appropriate funds from reserve funds.  days from the Notice to Proceed.  funds from reserve funds-the vote: all aye.  ORD.#21-34  AN ORDINANCE TO AMEND FY 2020-2021 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 11th day of June, 2020, adopt a City budget for the fiscal year beginning July 1,2020 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED byt the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, thef following accounts are hereby  June 30, 2021, as amended; and  accounts in thet funds listed for the reason stated;  amended as follows: Account  Revenues Current Budget Fund $9,920,634 Total  Title  Amended Budget  (Decrease) Increase $1,081,668  100-4370000 Appropriated  $11,002,302 $1,081,668  Balance-Powell Bill  Expenssxpendures  Current Budget  Amended Budget $5,962,830  (Decrease) Increase $1,081,668 $1,081,668  Account  Title  4511-5241000 Powell Bill-Resurfacing $4,881,162  Total  Reason: Tot transfer Powell Bill reserves for the resurfacing contract.    284  Adopted this 13th day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTHCAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  12. Consider authorizing the City Manager to negotiate and execute a contract with Hall Contracting for construction of the Coddle Creek Raw Water Supply This project will install a new parallel raw water line to the Coddle Creek Water Treatment Plant. When the plant was built, only one raw water line was installed. This 36" second line will provide much needed backup and redundancy to assure uninterrupted raw water flow This project was formally bid with five bids received on April 1, 2021. Hall Contracting was the lowest responsible bidderi ini the amount of $3,640,747 andi is within the project budget. Hall Contracting has a long history of successful projects with the City of Concord. A motion was made by Council Member Sweat and seconded by Council Member Crawford to authorize the City Manager to negotiate and execute a contract with Hall Contracting for construction of the Coddle Creek Raw' Water Supply Improvements--the 13. Consider authorizing the City Manager to negotiate and execute a contract with HDR Engineering! Inc. for designand engineering services for the settling basin repair and plate settler installation projectatt the Hillgrove Water Treatment Planti in This project will design repairs for existing settling basins at the Hillgrove Water Treatment Plant. In addition, the scope includes design of plate settlers at Hillgrove similar to the recent construction at Coddle Creek. This project will result in decreased turbidity leaving the plant which will allow lower levels of disinfectant ultimately reducing disinfection byproducts in the water system. The consultant will also provide bidding and construction services. HDR was selected after ai formal RFQ process and the negotiated fee is within A motion was made by Council Member Parsley and seconded by Council Member Crawford to authorize the City Manager to negotiate and execute a contract with HDR Engineering Inc. for design and engineering services for the settling basin repair and plate settler installation project at the Hillgrove Water Treatment Plant in the amount of 14. Consider authorizing the City Manager to negotiate and execute a contract with HDR Engineering Inc. for design and engineering services for the granular activated carbon (GAC) contactor project at the Hillgrove Water Treatment Plant in This project will design GAC contactors at the Hillgrove Water Treatment Plant. GAC will provide increase defense against taste and odor compounds and offer increase removal of organic materials. HDR was selected after ai formal RFQ process and the negotiatedi fee is Amotion was made by Mayor Pro-Tem King and seconded by Council Member Parsley to authorize the City! Managert to negotiate and execute a contract with HDR Engineering Inc. for design and engineering services for the granular activated carbon (GAC) contactor  Improvements.  to the plant.  vote: all aye.  the amount of $299,900.  the project budget.  $299,900--the vote: all aye.  the amount of $774,900.  within the project budget.    285  project at the Hillgrove Water Treatment Plant in the amount of $774,900--the vote: all 15. Consider adopting an ordinance amending the Concord City Code of City staff have been working to develop a comprehensive approach to combating litter within the City. The objectives that have been identified include four main components: physical deployment of staff for litter abatement, enhanced public outreach and communication efforts, measuring outcomes and a review of current litter After completing a review oft thel litter ordinances with the Legal Department, the following revisions are recommended: (1) Placing the litter ordinances in one specific section (Chapter 30 Environment), (2) Include separate language for general littering (Sec. 30-165) and littering from vehicles (Sec. 30-166), (3) Increasing the civil penalty from $10-$150, 3.) Adding al late fee civil penalty of $100, (4) Include appeal procedures. A motion was made by Council Member Crawford and seconded by Council Member Sweat to adopt the following ordinance amending the Concord City Code of Ordinances,  aye.  Ordinances, Chapter 30, Environment, Article IV.  ordinances/enforcement coordination.  Chapter 30, Environment, Article IV-the vote: all aye.  ORD.#21-35  ORDINANCE AMENDING CHAPTER 30 ARTICLE IV, SECTION 30-165 AND SECTION: 30-166 OF THE CITY OF CONCORD CODE OF ORDINANCES  WHEREAS, the City desires to revise the City's litter ordinance; Ordinance Chapter 30, Article IV, Sec. 30-165 and Sec. 30-166; Chapter 30, Article IV, Sec. 30-165 and Sec.166 be revised as follows: 1. Sec. 30-165- - Littering Upon Streets and Rights-of-Way  WHEREAS, the Council of the City of Concord has approved the revision of the City NOW, THEREFORE, BE IT RESOLVED by the City Council oft the City of Concord, that  (a) Prohibited. It shall be unlawful for any person to throw, scatter, drop, deposit or otherwise dispose of any! litter, garbage, refuse grass, shrubbery, tree clippings, yard waste, land clearing debris, bottles, cans or containers of any kind, cigarette butts, cigars, drink containers, gum or candy wrappers or plastic products, discarded fruit, construction debris, residential, commercial or industrial solid waste, white goods, hazardous waste, scrap tires, medical waste or other similar items upon any sidewalk, median strip, alleyway, street or street right-of-way, or grass strip of the city or upon any public halls, theaters, auditoriums or arenas, or public transportation vehicles or any (b) Citation and civil penalty. A citation for a civil penalty of $150.00 shall be issued for the first violation of this section as provided in section 1-6 of this Code and G.S. 160A-175 and 14-4. Ifs such civil penalty is not paid within 30 calendar days from the date of issuance of the citation or appealed within 15 calendar days from the date ofi issuance, an additional late fee civil penalty in the amount of $100.00 shall apply. The second and all subsequent violations of this section shall be punishable bya $500.00 civil penalty. A violation enforced through the issuance of a civil penalty may  portion of the public transportation system.  be appealed pursuant to section 2-5. 2. Sec. 30-166 -Littering from a vehicle  (a) Prohibited. It shall be unlawful for any person to throw, scatter, drop, or otherwise dispose of any cigarette butts, cigars, drink containers or containers of any kind, gum or candy wrapper, paper or plastic products, discarded fruit, or other similar items from a vehicle or any other mode of transportation upon any public street, public property, public  median, or private property not owned by that person.    286  (b) Presumption. When any such item is thrown, scattered, spilled, dropped or otherwise disposed of from a vehicle, the operator thereof shall be presumed to have committed (c) Citation and civil penalty. A citation for a civil penalty of $150.00 shall be issued for the first violation oft this section as provided in section 1-6 of this Code and G.S. 160A- 175 and 14-4. If such civil penalty is not paid within 30 calendar days from the date of issuance of the citation or appealed within 15 calendar days from the date of issuance, an additional late fee civil penalty in the amount of $100.00 shall apply. The second and all subsequent violations of this section shall be punishable by a $500.00 civil penalty. A violation enforced through the issuance of a civil penalty may be appealed pursuant to (d) Subsection (a) of this section does not apply tot the accidental blowing, scattering, or spilling of an insignificant amount of municipal solid waste, as defined in G.S. 130A- 290(18a), during the automated loading of a vehicle designed and constructed to transport municipal solid waste if the vehicle is operated in a reasonable manner and  such offense.  section 2-5.  according to manufacturer specifications. This Ordinance shall be effective upon passage. Adopted this 13thday of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ Valerie Kolczynski, City Attorney  16. Consider adoption of a Title VI Plan and Policy Resolution to prohibit discrimination in programs and services receiving federal financial assistance. Currently, the City has noi formal policy in place for defining and preventing discrimination int the activities andi for the entities Title VI affects. CKRider has a Title VI Plani for Transit but the plan does not cover the City's operation. This plan establishes a policy and procedures forr reporting violations and provides guidelines for the City, City Departments, private persons and companies doing business with the City andi receiving federal financial assistance to follow. Adoption of this plan will ensure that Concord is in compliance with Am motion was made by Council Member McKenzie and seconded by Council Member Parsley to adopt the Title VI Plan and Policy Resolution to prohibit discrimination in programs and services receiving federal financial assistance--the vote: all aye.  the Civil Rights provisions.  RESOLUTION TO ADOPT A TITLEVIPOLICY  TO PROHIBIT DISCRIMINATION INI PROGRAMS AND SERVICES AND IN ACTIMITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE WHEREAS, in 1964, Congress enacted the Civil Rights Act of 1964, which included that section labeled Title VI which prohibits discrimination in any activity which is financed by WHEREAS, since the adoption or Title VI, additional federal regulations and court decisions have further refined the definition of "federal financial assistance" and what WHEREAS, the City of Concord has noi formal policyi in place for defining and preventing  federal funds or receives federali financial assistance; and entities are affected and controlled by Title Vi; and  discrimination in' 'the activities and for the entities Title VI affects; and    287  WHEREAS, the interpretation and application are not intuitive or readily understood, requiring an understanding ofv what' federal financial assistance" might bei inany particular WHEREAS, a policy and procedure for reporting violations will provide guidelines for the City, City Departments and private persons and companies doing business with the City NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. The attached "Title VI Plan", including its policies and procedures, is hereby adopted as the official policy of the City of Concord for applying, reporting and enforcing 2. The Title VI Coordinator is authorized to approve this policy on a yearly basis ifr no  situation and what persons or entities must comply with Title Vi; and  and receiving federal financial assistance.  CONCORD, THAT:  Title VI of the Civil Rights Act of 1964. changes are made toit. Adopted this 13th day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  17. Consider making appointments to the Concord United Committee. Atthe February 11,2021 City Council meeting, the Council approved the establishment of the Concord United Committee. Applications were received byt the City Clerk andi reviewed byt thes selection committee comprised ofl Mayor Dusch, Council Members Small, McKenzie, and Parsley, and the City Manager. Members shall have three-year appointments following initial appointments. In order to stagger the terms of office, one-third of initial appointments willl bei for 1 year, one-third ofi initial appointments willb bet for2 2 years, andt the Ar motion was made by Council Member McKenzie and seconded by Council Member Crawford to appoint the following members (with terms noted) to the Concord United  one-third ofi initial appointments will be for 3 years.  Commitee--the vote: all aye. Bertram Hinton, Jr. Ann Fleming Robert Kirk Aimy Steele Betty Stocks Caroline Overcash Greg Mills Lamarie Austin-Stripling Mandy Jones Quinton Locklear Amos McClorey Chris Bowe Cindy Hanson Douglas Carroll Gracie Galloway Ingrid Nurse Lisa Matthews Jennifer Terris Joe DeJesus Kiran Patel  5/21/21- -4 4/30/22- Co-Chair 5/21/21 -4 4/30/23- Co-Chair 5/21/21 -4 4/30/24. - Co-Chair 5/21/21- -4 4/30/22 5/21/21 4 4/30/22 5/21/21-4/30/22 5/21/21-4/30/22 5/21/21-430/22 5/21/21-4/30/22 5/2121-4/30/22 5/2121-4/30/23 5/21/21-430/23 5/21/21-430/23 5/2121-4/30/23 5/21/21-4/30/23 5/21/21-4/30/23 5/21/21-4/30/23 5/21/21- -4/30/24 5/2121-4/30/24 5/21/21-4/30/24    288  Lyndia Gabriel Rayshion Sashington Sandra Torres Theresa Scott-Stills Additional Item: 1.  5/21/21-430/24 5/21/21-430/24 5/21/21-4/30/24 5/21/21-4/30/24  Consider preserving the last standing African-American school in Cabarrus Ashley Propst, Historic Cabarrus Association Executive Director and Curator, was in A motion was made by Council Member Crawford and seconded by Council Member McKenzie to suspend the City Council Rules of Procedure to allow! Ms. Propst to comment Ms. Propst stated that the entire structure may not be able to be preserved but some components of the structure could be. She stated she and the Association are very interested int thep preservation of some oft this schooll becausei it is thel lasts standing African- Assistant City Manager. Josh Smith stated Parks and Recreation staff received a couple of quotes for the removal ofi the structure and the cataloging of salvageable pieces. The estimated costi is between $40,000- $46,000. He also stated 60% oft the structure is The Assistant City! Manager stated the developer oft they property thes structure is located on, Ken Orndorff, has agreed to donate to the City $10,000 ift the City will agree to salvagea portion of the structure and Mr. Orndorff also stated the City could store the salvageable pieces on his property at no charge for a period of three-years. The Assistant City Manager stated af formal agreement would be drafted should this be approved by Council. After some discussion, a motion was made by Council Member McKenzie and seconded by Council Member Langford to authorize the City Manager to negotiate an amount up to $37,000 for the removal and cataloging of the structure and to negotiate and execute an agreement with Ken Orndorff fort thes storage of said structure on! his propertyt free of charge Council Member Parsley stated shes supported the motion to contract with Mr. Orndorff for the storing of the structure but wanted to note for the record thats she does not agree with and will not support the City stepping outside it's purview of services such as preservation  County; the Meadowview School. attendance for the discussion.  on the proposed issue-the vote: all aye.  American school in Cabarrus County.  salvageable.  for a period oft three-years--the vote: all aye.  efforts or cataloging efforts for the Meadowview School. Council Member McKenzie agreed with Council Member Parsley.  2. Consider amending the 2021 Schedule of Meetings for City Council. Ar motion was made by Council Member McKenzie and seconded by Council Member Crawford to amend the 2021 Schedule of Meetings for City Councili to reflect the 2ndWork Session be held two weeks following the 1s+Work Session--the vote: allaye.  Consent Agenda:  The consent agenda items were presented for the Council's consideration. to approve thet following consent agenda items-the vote: all aye.  Amotion was made by Council Member Parsley and seconded by Council Member Sweat    289  CONSENTAGENDA ITEMA Coke 600 Memorial Weekend. CONSENT AGENDA ITEME B  Al License to Attach Banners to City of Concord Property was approved to allow Conder Flag to place temporary race banners on Bruton Smith Blvd and Hwy 29 to promote the  A $500 contribution from the Mayor's Golf Tournament Fund to Samaritan's Feet was  approved and the following budget ordinance was adopted.  ORD.#21-36  AN ORDINANCE TO AMEND FY 2020-2021 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 11th day of June, 2020, adopt a City budget for the fiscal year beginning July 1,2020 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED byt the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  June 30, 2021, as amended; and  accounts int thet funds listed for the reason stated;  amended as follows: Account  Revenues  Title  Current Budget  Amended (Decrease) Budget  Increase $500 $500  100-4370000 Fund Balance Approp  $9,920,634 $9,921,134  Total  ExpensesExpendures  Current Budget $350  Amended (Decrease) Budget $850  Account 4190- 5470043  Title  Increase $500 $500  Golf Tournaments  Total  Reason: Toappropriate reserves from thel Mayor's GolfTournamentt to Samaritan'sFeet.  Adopted this 13th day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEM C  The 2021 municipal election filing fees were approved to be $176 for the Mayor's seat and    290  $102 for the Council Member seats. CONSENTAGENDAI ITEMD  Thel Police Chief was authorized to enteri into the 2021 Regionall Law Enforcement Mutual  Aid Agreement.  CONSENTAGENDAITENME CONSENTAGENDA ITEME  The updated 2021 Rider Transit Public Transportation Agency Safety Plan was approved. The offers ofi infrastructure were acceptedi int thet following subdivisions and sites: Wyntree- Bethel Park Subdivision, International Business Parkl Lot 12, Pendleton Subdivision PH2, Edenton at Cox Mill PH 1 MP 1 and MP 2, Courtyards at Poplar Tent PH 2, Hallstead  Subdivision PH 2, Rocky Mill Manor. CONSENT AGENDAITEMG  The offers of dedication ont thet following plat and easements were accepted: Thel Havenat  Rocky River Map 4 and Oaklawn Development Phase 1.  CONSENT AGENDAI ITEMH  The maintenance agreements were approved and the offers of dedication were accepted on the following property: Cabarrus County, Cabarrus Propco, LLC. and Forestar Real  Estate Group, Inc. CONSENT AGENDA ITEMI  The following ordinances were adopted to amend the operating budgets for the General  Fund and Internal Service Fund toi fund the City's OPEB liability.  ORD.#21-37  AN ORDINANCE TO AMEND FY 2020-2021 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 11th day of June, 2020, adopt a City budget for the fiscal year beginning July 1, 2020 and ending on WHEREAS, it is appropriate to amend the expenselexpendntures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council oft the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  June 30, 2021, as amended; and  accounts in the funds listed for the reason stated;  amended as follows: Account  Revenues  Title  Current Budget  Amended (Decrease) Budget  Increase  Total  ExpenseslExpendures  Current Budget  Amended (Decrease)  Account  Title  Budget  Increase    291 $18,909 $53,510 $94,061 $97,984 $26,369 $182,976 ($524,899) ($597,795)  4200-5182500 OPEB Contributions 4215-5182500 OPEB Contributions 4220-5182500 OPEB Contributions 4230-5182500 OPEB Contributions 4250-5182500 OPEB Contributions 4270-5182500 OPEB Contributions 4200-5906000 Cost Alloc Collections 4215-5911000 Cost Alloc - Billing 4250-5916000 Cost Alloc - Purchasing  $74,647 $276,463 $442,424 $460,282 $123,911 $865,768 ($580,637) ($695,337)  $55,738 $222,953 $348,363 $362,298 $97,542 $682,792 ($55,738) ($222,953) ($348,363) ($362,298) ($97,542) ($682,792) $0  ($1,898,228) ($2,121,181)  4220-5909000 Cost Alloc - Cust Service ($2,089,881) ($2,438,244) 4230-5907000 Cost Alloc - Engineering ($2,870,761) ($3,233,059)  Cost Alloc - Build &  4270-5912000 Grnds  ($4,929,968) ($5,612,760)  Total  Reason: To adjust cost allocations to cover the additional OPEB contribution for the  current year.  Adopted this 13th day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  ORD.#21-38  AN ORDINANCE TO AMEND FY 2020-2021 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 11th day of June, 2020, adopt a City budget for the fiscal year beginning July 1, 2020 and ending on WHEREAS, itis appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  June 30, 2021, as amended; and  accounts in the funds listed fori the reason stated;  amended as follows:  Revenues Current Budget  Account Title  Amended Budget  (Decrease) Increase $1,769,686 (Decrease) Increase $28,452 $27,579  100-4370000 Appropriated Fund Balance $9,920,634  $11,690,320 $1,769,686  Total  ExpensesExpendlurs  Current Budget $83,103  Amended Budget $100,541 $110,682  Account Title  4520-5909000 Cost Alloc- Cust Service $72,089 4190-5916000 Cost Alloc Purchasing    292  4120-5907000 Cost Alloc- - Engineering $0 4340-5907000 Cost Alloc- - Engineering $50,503 4510-5907000 Cost Alloc - Engineering $546,641 4910-5907000 Cost Alloc - Engineering $1,083,238 6120-5907000 Cost Alloc- - Engineering $251,656 4190-5907000 Cost Alloc - Engineering $21,808 4190-5912000 Cost Alloc - Build & Grnds $1,569,970 4310-5912000 Cost Alloc - Build & Grnds $284,277 4315-5912000 Cost Alloc - Build & Grnds $44,836 6120-5912000 Cost Alloc - Build & Grnds $2,098,692 4340-5912000 Cost Alloc - Build & Grnds $457,420  $19,097 $71,722 $612,786 $1,323,818 $320,216 $28,174 $2,027,526 $366,463 $57,798 $2,705,434 $589,662  $19,097 $21,219 $66,145 $240,580 $68,560 $6,366 $457,556 $82,186, $12,962 $606,742 $132,242 $1,769,686  Total  Reason: To appropriate fund balance reserves to cover the general fund's portion oft the  internal service fund OPEB contribution. Adopted this 13th day of May, 2021.  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 ITEMJ  The following ordinances were adopted to amend the General Fund, the Streetscape  project fund, and the First Concord 2014 LOBS project fund.  ORD.#21-39  AN ORDINANCE TO AMEND FY 2020-2021 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 11th day of June, 2020, adopt a City budget fort thet fiscal year beginning July 1, 2020 and ending on WHEREAS, it is appropriate to amend the expenselependitures and the revenue NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, thet following accounts are hereby  June 30, 2021, as amended; and  accounts in thei funds listed for the reason stated;  amended as follows: Account  Revenues  Title  Current Budget $7,572,000  Amended (Decrease) Budget $8,197,847  Increase $625,847 $625,847  100-4323100 1% Local Gvt Opt Sales  Tax  Total  ExpensesExpenditures    293 Revenues  Current Budget  Amended (Decrease) Budget  Account  Title  Increase  Total  SECTION'4. The following amounts are appropriated for the project:  ExpensesExpendures  Current Budget  Amended (Decrease) Budget  Account 6990- 5987000 6990- 5987000 6990- 5811249 6990- 5811249  Title  Increase  Transfer to Project Fund Market St. Lot Redevelopment  0 1,828,176  700,000 1,128,176  700,000 (700,000) 0 Increase $625,847 $625,847  Total  Current Budget $0  Amended (Decrease)  Account 4190- 5987000  Title  Budget $625,847  Transfer to Project Fund  Total  Reason: To appropriate additional revenues received to cover a transfer to the project  fund fori increased streetscape costs. Adopted this 13th day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  ORD.#21-40  CAPITAL PROJECT ORDINANCE FIRST CONCORD  BEI IT ORDAINED byt the City Council oft the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, thei following project SECTION 1. The project authorizedamended is First Concord - 2014 LOBS - Market SECTION 2. The City Manager is hereby authorized to proceed with the SECTION 3. The following revenues are anticipated to be available to the City of  ordinance is hereby authorized'amended:  Street Lot Redevelopment and Generator Relocation. mplemenlationamendment of the projects.  Concord for the project:    294  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 agreement and other agreements executed or to bee executed with the various parties involved with the project; and (2) to comply with thel Local Government Budget and Fiscal Control Act of the SECTION 6. Within five (5) days after adopted, copies of this project amendment shall be filed withi the City Manager, Finance Director, and City Clerk for direction in carrying out this SECTION7." The Finance Director is directed to report ont thet financial status oft this project ina accordance with the existing City policy. She shall also report to the City Managerany Duly adopted by the City Council of the City of Concord, North Carolina this 13th day of  State of North Carolina.  project.  unusual occurrences. May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  ORD.#21-41  CAPITAL PROJECT ORDINANCE General Capital Projects  BE IT ORDAINED byt 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 project SECTION 1. The projects authorized are General Capital Projects for the Streetscape SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. Thei following revenues are anticipated to be available to the City of Concord  ordinance is hereby ordained:  Project. projects. for the project:  Revenues  Current Amended (Decrease) Budget Budget Increase 2,669,020 3,294,867 625,847  Account 430-4501100 430-4501100 430-4501500 430-4501500  Title  From General Fund From General Fund From First Concord From First Concord  0  700,000  700,000 1,325,847  Total  SECTION4. The following amounts are appropriated for the project:  ExpensasExpenditurs    295  Current Amended (Decrease) Budget Budget 3,805,500 5,131,347 1,325,847  Account 8804-5811272 8804-5811272  Title Streetscape  Increase 1,325,847  Total  SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION 6. Within five (5) days after adopted, copies of this project amendment shall be filed with the City Manager, Finance Director, and City Clerkt for direction in carrying outt this SECTION7. The Finance Directori is directed to report ont the financial status of this project ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 13th day of  Control. Act of the State of North Carolina.  project.  unusual occurrences. May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMK  The following ordinance was adopted to amend the Fire Stations project fund to appropriate additional loan proceeds to cover costs of issuance and construction costs.  ORD.#21-42  CAPITAL PROJECT ORDINANCE Fire Station #12  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 project  ordinance is hereby ordained:  SECTION 1. The project authorized is the Fire Station #12.  SECTION: 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. Thei following revenues are anticipated to be available to the City of Concord  projects. for the project:  Revenues  Current Budget  Amended (Decrease) Budget  Account 426-4602000 426-4602000  Title Financing Proceeds  Increase $250,000  $5,950,000 $6,200,000    296  $250,000  SECTION4. The following amounts are appropriated for the project:  ExpensesExpendtures  Current Budget $0  Amended (Decrease) Budget $51,650  Account 8670-5811062 8670-5811062 8670-5811027 8670-5811027  Title Cost of Issuance Fire Station #12  Increase $51,650 $250,000  $6,540,000 $6,738,350 $198.350  SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with thel Local Government Budget and Fiscal SECTION 6. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION7. The Finance Director is directed to report on thet financial status of this project in accordance with the existing City policy. She shall also report to the City Managerany 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. May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENTAGENDAITEMI CONSENT AGENDA ITEMM of ad valorem taxes was adopted.  The first quarter water and wastewater extension report for the 2021 was accepted. The following resolution on the administration of small underpayments and overpayments Resolution on the Administration of Small Underpayments and Overpayments of Ad WHEREAS, the administrative costs associated with the collecting and refunding of small ad valorem tax overpayments and underpayments exceeds the value ofi the overpayments WHEREAS, G.S. 105-357(c) authorizes a local government to adopt a resolution that eliminates the needt to collect small underpayments of $1.00d or less and that eliminates the need to refund small overpayments of $1.00 orl less unless the taxpayer requests a refund of the overpayment before the end of the fiscal year in which the such overpayment is  Valorem Taxes  and underpayments; and    297  made; and  WHEREAS, G.S. 105-321(g) provides that upon adoption of a resolution authorizing the tax collector not to make a refund of an overpayment if the refundi is less than $15, the tax collector shall make a report of the amount of these refunds to the Concord City Council, implement a system by which payment of the refund may be made to a taxpayer who comes into the office of the Tax Administrator seeking the refund, and as to refunds that are not requested in person by the end of thet fiscal year, implement a system to applyt the minimal refund as a credit against thet taxl liability oft the taxpayer for taxes due fort the next WHEREAS, the City Council previously adopted by Resolution on March 9, 2006, which directs the Tax Collectort to not! bill or otherwise collect ad valorem taxes when the original  succeeding year; and  principal amount due is $5.00 or less pursuant to G.S. 105-321(f).  Now, therefore ith be resolved as follows:  (1) Pursuant to G.S. 105-357(c), the City Council directs the Cabarrus County Tax Administrator tot treats small underpayments of $1.00 orl less as fully paid and nott to refund small overpayments of $1.00 or less unless thet taxpayer requests a refund oft the overpayment before the end oft thet fiscal yeari in which thes small overpayment is made. The Tax Administrator must implement processes required by G.S. 105- (2) Pursuant to G.S. 105-321(g), the City Council authorizes the Cabarrus County Tax Administrator nott to mail a refund of any overpaymenti if ther refund is less than $15. The Tax Administrator musti implement processes required by G.S. 105-321(g). BE IT FURTHER RESOLVED that this resolution shall be in effect with respect to Fiscal Year 2022 and shall remain in effect until amended or repealed by resolution of the  357(c).  Concord City Council.  Adopted this 13th day of May, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk CONSENT AGENDA ITEMN CONSENT AGENDA ITEMC O ÇONSENT AGENDAI ITEMP  The Tax Office collection reports for the month of March 2021 were accepted. The Tax releases/refunds for the month of March 2021 were approved.  Ther monthly report on status of investments as of March 31, 2021 was received.  There being no further business to be discussed, ar motion was made by Council Member Sweat, seconded by Council Member Crawford, and duly carried, to adjourn-the vote: all  aye.  Villiam C. Dusch, Mayor A727  ADaue Deasoh, City Clerk      298  CONCORD CITY COUNCIL SECOND WORK SESSION MAY 25, 2021  The City Council for the City of Concord, North Carolina, held a second work session on May 25, 2021, at 11:00 a.m.i int the Council Room of City! Hall, withl Mayor William C. Dusch  presiding.  Council members were present as follows:  Members Present: Mayor Pro-Tem W. Brian King Council Member Andy! Langford Council Member Ella Mae P. Small Council Member JC McKenzie Council Member Terry L. Crawford Council Member Jennifer H. Parsley Members Absent: Council Member John A. Sweat, Jr. Others Present: City! Manager, Lloyd Wm. Payne, Jr. City Clerk, Kim. J. Deason Call to Order:  Mayor Dusch called the meeting to order.  The City Manager introduced the Diversity, Equity and Inclusion Coordinator, Emma Sellers. The City Manager stated she will be the City's liaison to the Concord United  Committee.  Concord United Committee: Committee at their first meeting.  Discussion was held about the education component: tol be provided tot the Concord United Itv was the consensus of the Council to have Mayor Dusch, Council Members Small, McKenzie, and Parsley, the City Manager, the City Attorney andi thel DEI Coordinator meet with the three Co-Chairs of the Committee prior to the Committee's first meeting.  Open Discussion by Council:  Discussion regarding zoning classifications and growth within the City of Concord Itwas suggested the City Council conduct aj joint meeting with the Planning and Zoning Commission to discuss the Land Use Plan, the Concord Development Ordinance, and The City Manager stated he would work with the Planning and Neighborhood Services Directori to draftapresentation! based ont the discussion and present toi the Council att their  continued.  annexation as it relates to growth within the City.  June 22nd meeting.