427  CONCORD CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2022  Ar regular meeting of the City Council for the City of Concord, North Carolina, was heldi in the 3rd floor City Hall Council Chambers located at 35 Cabarrus Ave, W, on November  10, 2022, at 6:00 p.m. with Mayor William C. Dusch presiding.  Council members were present as follows: Mayor Pro-Tem Terry L. Crawford Council Member Andy Langford Councii Member Betty M. Stocks Council Member JC McKenzie Council Member Jennifer Parsley-Hubbard Council Member John A. Sweat, Jr. Members Absent: Council Member W. Brian King Others Present: City Manager, Lloyd Wm. Payne, Jr. City Attorney, VaLerie Kolczynski City Clerk, Kimberly J. Deason Assistant City Managers Department Directors  Members Present:  Call to Order, Pledge of Allegiance, and Moment of Silent Prayer:  The meeting was called to order by Mayor Dusch followed by the Pledge of Allegiance  and a moment of silent prayer. Approval of Minutes:  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to approve the minutes for the meetings of September 20, October 11 and  October 13, 2022-the vote: all aye.  Presentations:  1. Mayor Dusch presented a retirement plaque to Dawn Simpson for over 26 years ofservice with the City of Concord Parks and Recreation Department. 2. At the November 8th Work Session, Mayor Dusch recognized Camden Ramsey as the recipient of the NCI Firefighter of the year 2022. Camden is the first and only member of the Concord Fire Department to receive this award. 3. Mayor Dusch recognized the Fire Department! Fire Administration Manager, Sonya Bost, as the recipient of 2022 NAACP Presidents Award. 4. At the November gth Work Session, Mayor Dusch recognized Water TreatmentPlanto Operator, Tena Mullis, as the North Carolina "A-Surface Operator  of the Year".    428  5. At the November gth Work Session, Mayor Dusch recognized the Water Deparimenttorrecewing the 2022 Area' Wide Optimization Program (AWOP)award 6. Mayor Dusch recognized the City of Concord's Human Resources Department for being awarded the BestinHRi for 2022 by the Charlotte Business  for both Hillgrove and Coddle Creek Water Treatment Plants.  Journal. Public Hearings: 1.  Conducta public hearing, pursuant to North Carolina General Statutes Sec. 158-7.1, to consider revising the Economic Development Incentive Grant (EDI) awarded in 2021 to RRB Beverage Operations, Inc. (Project Aquamarine Component2grantingantingasevenyears tax-based economic developmentgrant. RRB Beverage Operations, Inc., proposes to develop an approximately 1,400,000 SF factory, distribution, and office space development at the Grounds at Concord (2321 Concord Pkwy S, Concord, North Carolina 28027) with an increased investment of approximately $127,000,000 from $553,000,000 to $680,000,000 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 based on thei increased investment would rise from approximately $11,152,354 to $14,630,880 depending on the actual investment. The City of Concord would still collect a seven-year net revenue of $2,581,920 after the incentive payments. This is a joint City-County Economic A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member There was no one signedi in to speak int favor or in opposition to the request. Therefore, ar motion was made by Council Member Sweat and seconded by Mayor Pro-Tem Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to revise the seven year/85% EDI awarded to RRB Beverage Operations, Inc., (Project Aquamarine Component 2) to reflect the increased investment from $553,000,0001 to $680,000,000, pursuant to North Carolina General Statutes Sec. 158- 2. Conducta public hearing, pursuant to North Carolina General Statutes Sec. 158-7.1, to consider revising the Economic Development Incentive Grant (EDI) awarded in 2021 tol Red Bull North America, Inc. (Project/ Aquamarine Component 3)granting a seven-year/85% tax-based economic development grant. 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 approximately 800,000 SF regional distribution center at the Grounds at Concord (2321 Concord Pkwy S, Concord, North Carolina 28027) with an increased investment of approximately $284,000,000 from $140,000,000 to $424,000,000 in real and personal property. They also plan to create 90 jobs with an average wage of $50,367. The total value oft the City's seven-year grant based on the increased investment would rise from approximately $2,951,227 to $9,479,778, depending on the actual investment. The City ofConcord would still collecta as seven-year net revenue of $1,672,902 after the incentive payments. This is a joint City-County Economic Development effort. The Cabarrus County Board of Commissioners is scheduled to hold their public hearing on November 20, 2022. Please see attached A motion was made by Council Member Parsley-Hubbard and seconded by Council  Development effort.  Sweat to open the public hearing--the vote: all aye. Crawford to close the public hearing--the vote: all aye.  7.1-the vote: all aye.  grant analysis for additional details.    429  Member Sweat to open the public hearing--the vote: all aye.  There was no one signed int to speak int favor ori in opposition tot ther request. Therefore, amotion was made by Mayor Pro-Tem Crawford and seconded by Councii Member A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Stocks to revise the seven year/85% EDI awarded to Red Bull North America, Inc. (Project Aquamarine Component 3) to locate at 2321 Concord Pkwy S. in Concord, North Carolina, tor reflect thei increased investment from $140,000,000to: $424,000,000, pursuant to North Carolina General Statutes Sec. 158-7.1--the vote: all aye.  Parsiey-upbard-the vote: all aye.  Presentations of Petitions and Requests:  1. Consider: approving two resolutions concerning thei issuance ofMultifamily STC Coleman Mill, LLCH has requested thatt the City assisti iti inf financing ap portion oft the cost oft the acquisition oft thel historic Coleman Mill and the constructing, renovating, and equipping therein of a 150-unit multifamily residential rental facility to be known as Coleman Mill Lofts and located at 625 Main Street SW and the City has previously As part of the process required for this financing, the City needs to approve two resolutions. Thei first resolution: approves thet financingt team andr makes certain findings with respect to the issuance of the Multifamily Housing Revenue Bonds. The second resolution authorizes thei issuance and sale of thel bonds. The developer plans to goto the LGC for approval in December sO that the bonds can then be issued. AI motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Stocks to adopt thef following Resolution Approving Financing Teamand Making Certain Findings withl Respect toi the Issuance ofl MultifamilyH Housing Revenue Bonds (Coleman Milll Lofts), Series 2022 and thel Resolution. Authorizing! Issuance and Sale of Multifamily Housing Revenue Bonds (Coleman Mill Lofts), Series 2022-the vote: all aye. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF MULTIFAMILY HOUSING WHEREAS, STC Coleman Mill, LLC, a North Carolina limited liability company, or an affiliated or related entity (the Borrower"), has requested that the City of Concord, North Carolina (the "City") assist iti in financing a portion of the cost of the acquisition of the historic Coleman Mill and the constructing, renovating and equipping therein of a 150- unit multifamily residential rental facility to be known as Coleman Milll Lofts andl located at6 6251 Main Street SWint the City (the Development): and the City has agreed to do so; 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 tot the! North Carolina Housing Authorities Law, Article1of Chapter 157 of the General Statutes of North Carolina, as amended (the' "Act"); and WHEREAS, the City proposes to provide the financing for the Development by the issuance of its (a) Multifamily Housing Revenue Bonds (Coleman Mill Lofts), Series 2022A in an aggregate principal amount of approximately $12,465,000 (the "2022A Bonds"),(b)N Multifamily Housing Revenuel Bonds (Coleman Mill Lofts), Series 2022B in an aggregate principal amount of approximately $6,665,000 (the" 2022B Bonds")and (c) Multifamily Housing Revenue Bonds (Coleman Milll Lofts), Taxable Series 2022Ci in an aggregate principal amount of approximately $15,000,000 (the "2022C Bonds" and, together with the 2022A Bonds and the 2022B Bonds, the "Bonds"), in the combined  Housing Revenue Bonds related to the Coleman Mills project.  agreed to do sO.  REVENUE BONDS (COLEMAN MILL LOFTS), SERIES 2022  and  aggregate principal amount of not to exceed $34,130,000; and    430  WHEREAS, thel Bonds willl bei issued pursuant to an Indenture of Trust (the Indenture"), between the City and UMB Bank, N.A., as trustee (the "Trustee"); and WHEREAS, itis anticipated thatt thel Bonds willl bes soldi in al limited offering pursuantt toa Bond Purchase Agreement (the "Bond Purchase Agreement"), tol be dated the date of sale of the Bonds, among the City, the Borrower, and Piper Sandler & Co., as the WHEREAS, the proceeds of the Bonds will be loaned to the Borrower pursuant to a Loan Agreement (the "Loan Agreement"), between the City and the Borrower, for the purpose of () paying ap portion of the costs of the acquisition, construction, renovation and equipping of the Development, and (i) paying certain issuance expenses in WHEREAS, the Borrower's obligations under the Loan Agreement willl bes secured bya Multifamily Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the' "Deed of Trust"), from the! Borrower tot the deed oftrustt trustee named therein fort thel benefit oft the City, and various other security documents, all ofv whichy will be assigned to the Trustee for the benefit of the holder of the Bonds; and WHEREAS, the City proposest to authorize and, where applicable, execute thef following instruments to carry out the transactions described above (each a Document" and (a) the Indenture, together with the forms of the Bonds attached thereto; (c) the promissory note of the Borrower in favor of the City (the "Borrower (d) the Regulatory Agreement and Declaration of Restrictive Covenants, pursuant to which the Borrower will be required to operate the Development in accordance with Section 142(d) of the Internal Revenue () the Limited Offering Memorandum (the' "Limited Offering Memorandum"), (h) the Assignment of Deed of Trust Documents, fromi the Cityt to the Trustee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD, NORTH 1. The City hereby determines to provide financing to the Borrower for the acquisition, construction, renovation and equipping of the Development through the issuance oft thel Bonds pursuant tot the North Carolina Housing Authorities Law, Article1 1 of Chapter 157 of the General Statutes of North Carolina, as amended, the loan of the proceeds thereof and the deposit of such proceeds with the Trustee in accordance with 2. The City hereby authorizes thei issuance and sale of the Bonds pursuant to andi in accordance witht thet terms setf forthi int the Indenture. The Bonds willl beari interest at the rates and will mature and be redeemed int the years and amounts all as set forth int the Indenture; provided, however, that the aggregate principal amount of the Bonds 3. Each of the Mayor, the City Manager, the Finance Director and the City Clerk of the City or his or her respective designee is hereby authorized and directed to execute and deliver thel Documents tot the other parties thereto. Each oft the Mayor, the City! Manager, the Finance Director andi the City Clerk of the City or his orh her respective designee, is authorized and directed to execute and deliver such endorsements, assignments and otheri instruments as may be necessary to assign the Note and other 4. Each of the Mayor, the City Manager, the Finance Director and the City  underwriter; and  connection with the issuance of the Bonds; and  collectively the Documents"):  (b) the Loan Agreement;  Note"), which willl be assigned by the City to the Trustee;  Code of 1986, as amended; (e) the Bond Purchase Agreement; (g) the Deed of Trust; and  related to the offering and sale of the Bonds; withi the consent of the Borrower;  CAROLINA DOES HEREBY RESOLVE, AS FOLLOWS:  the Indenture and the Loan Agreement.  shall not exceed $34,130,000.  security documents to the Trustee.    431  Clerk of the Cityi is hereby authorized and directed to execute and deliver the Bonds in the manner and subject to the conditions provided in the Indenture to the Trustee for authentication, and to cause the Bonds sO executed and authenticated to be delivered to or for the account of the Underwriter, or any affiliate thereof, upon payment of the 5. The distribution oft thel Limited Offering Memorandum byt thel Underwriter to prospective purchasers of the Bonds is hereby approved. The City is authorized to deem the Limited Offering Memorandum to be' "final" within the meaning of Rule 15c2- 12 of the Rules and Regulations promulgated under the Securities Exchange Act of 1934, as amended. The Mayor, the City Manager and the Finance Director of the City ort their respective designees are hereby authorized and directed to approve and deliver the Limited Offering Memorandum to the Underwriter and the Underwriter is hereby authorized and directed to distribute the Limited Offering Memorandum to the 6. The Documents and the! Bonds shall! bei ins substantially thet forms reviewed by staff and described herein, which are hereby approved, with such completions, omissions, insertions and changes as may be necessary or convenient to reflect the final terms ofthe Bonds, and as otherwise approved! byt the officers oft the City executing them after consultation with counsel tot the City, their execution to constitute conclusive evidence oft their approval of anys such completions, omissions, insertions and changes. 6. Any authorization made hereby to the officers of the City to execute a document shall include authorization to the Mayor, the City Manager or the Finance Director of the City, or their respective designees, to execute the document, authorization to the City Clerk or any Assistant City Clerk to affix the seal of the City to such document and attest such seal and where appropriate, to deliver it to the other 7. Such officers are hereby authorized and directed to execute and deliver anya and all other documents, agreements, instruments, and certificates int ther name and on behalf oft the City as mayl be necessary or desirable tot thei issuance oft the Bonds. All other acts oft the officers oft the City that arei ino conformity with the purposes andi intent of this resolution and in furtherance of the undertaking of the Development and the issuance and sale of the Bonds are hereby ratified, confirmed and approved.  purchase price therefor.  purchasers of the Bonds.  parties thereto, all int the manner provided in the Documents.  8. This resolution shall take effect immediately.  This the 10th day of November, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: /s/ Kim J. Deason, City Clerk  2. Consider approving a request from WeBuild Concord for an allocation of $1,400,000 from the City's Affordable Housing Revolving Fund and to adopt a WeBuild Concord is requesting $1,400,000f fromi the Affordable Housing Revolving fund forr new: affordable housing projects and construction. WeBuild willl use the funds for new naturally reoccurring affordable housing projects at 114 Kerr Street (a mixed-use development), 531 Allison Street NW, Sky Summer Apartments, and projects ats seven sites on land purchased from the City. WeBuild is closing on these properties between October and December. Groundbreakings on some projects begini in October through WeBuild will use most oft thet funding to launch construction for reimbursable contracts. The additional projects will add at least 17 other units to the 50 to 60 affordable units discussed in their last request. These include construction that will aid single-family, multi-family, ands senior housing partners and continue their collective impactr modelwith  budget amendment.  December.    432  the City of Concord and partners. WeBuild Concord will continue to market these developments as joint ventures between WeBuild Concord, the City of Concord, and Ar motion was made by Council Member Stocks and seconded by Council Member Parsley-Hubbardi to approve ther request allocating $1,400,000t to WeBuild Concord from the Affordable Housing Revolving Fund and adopt al budget amendment--the vote: all  partners that engage with us on individual projects.  aye.  ORD.#22-135  CAPITAL PROJECT ORDINANCE AMENDMENT Revolving Affordable Housing Projects  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, the  following project ordinance is hereby adopted/amended: SECTION 1. The project authorized is Affordable Housing - We Build.  SECTION: 2. The City Manageri is hereby authorized to proceed witht thei implementation and amendments oft the projects within the terms oft the plans and specifications fort the SECTION 3. The following revenues are anticipated to be available to the City of  projects.  Concord for the completion of the projects:  Revenues  Current Amended (Decrease) Budget Budget Increase  Account  Title  SECTION 4. The following amounts are appropriated for the project:  ExpenseslExpendtures  Current Amended (Decrease) Budget Budget Increase 1,300,000 2,700,000 1,400,000 1,912,032 512,032 (1,400,000)  Account 3700-5811082  Title  3700-5475100 We Build (CFEA)  Future Projects  Total  0  SECTION 5. Accounting records aret tol be maintained! byt the! Finance Department ofthe City of Concord in such manner: as (1)t to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and SECTION 6. Within five (5)o days after adoption, copies oft this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy, and shall also report to the City Duly adopted byt the City Council of the City of Concord, North Carolina this 10th day of  Fiscal Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  November, 2022.  CITY COUNCIL CITY OF CONCORD    433  NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  3. Consider recognizing The Pendleton Home Owners Association (HOA)into The Pendleton is a communitywith 144 single andt two storys single family! homes. They are located west of Crestmont Drive in northeast Concord. The neighborhood was established in 2008 and has a relatively new HOAI board. Officers for the Association are: President, Reverend James Bernacki; Vice President, Renee Troublefield; Treasurer, Joseph Chamberlain; and Secretary, Corinna Ousley. By approving their inclusion int the program, the City would have at total of7 74 recognized neighborhoods in the Partnership for Stronger Neighborhoods since the program's foundation in 2000. Amotion was made by Council Member Parsley-Hubbard: ands seconded by! Mayor Pro- Tem Crawford to approve the acceptance of The Pendleton Home Owners Association as a recognized neighborhood in the Partnership for Stronger Neighborhoods 4. Consider authorizing the City Manager to approve a change order for the General Aviation Terminal Parking Lot Rehabilitation Project at the Concord- The General Aviation Terminal Parking Lot Rehabilitation project was designed to mill along the edges oft the curb and gutter and drainage structures in several oft the! parking areas sO that the contractors could tie-in at the existing gutter and drainage structure elevations. Once the contractors started milling the edges and around the drainage structures per the plans in these parking areas, the asphalt was coming up in large pieces in lieu oft the typical millings. Therefore, ity was decided to mill all oft the pavement Milling the entire parking area caused the milling to go over the plan quantity and the asphalt to go over plan quantity because the contractors paved back two inches over those areas instead of a varying overlay. Additionally, the scope of work added the paving rehabilitation of the Hangar A access road and parking areas that used plan quantity items and iti is estimated thatt the cost was approximately $29,000fc for this work. The amount of the final change order is $108,725.16. This project was funded by a grant, and CARES funds will be used to cover the cost of the change order. A motion was made by Council Member Stocks and seconded by Council Member Langford to authorize the City Manager to approve a change order for the General Aviation Terminal Parking Lot Rehabilitation Project ati the Concord-Padgett Regional Considerauthonzing the City Manager to negotiate and execute a contract with EST Building Systems to complete the roof replacement at Academy Bids were accepted to replace 6 of the nine sections of roof at Academy Recreation Center. The remaining 3 sections were replaced in 2021. This will complete the replacement of all roof sections at Academy Recreation Center. The bids were based on a total tear off and replacement scope and include a twenty-year warranty. The lowest bid received was from EST roofing in the amount of $220,000. A motion was made by Council Member McKenzie and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with EST  the City's Partnership for Stronger Neighborhoods program.  Program--the vote: all aye. Padgett Regional Airport.  instead ofj just the edges.  Airport-the vote: all aye. Recreation Center.  5.    434  Building Systems to complete the roof replacement at Academy Recreation Center in 6. Considerawarding bids fore electric equipmentand materials for Substation V located at 7437 Ruben Linker Road to the following vendors: Substation Enterprises; Virginia Transformer Corporation; S&C Electric Company; Siemens Electric Systems staff received bids on October 20, 2022, for electric equipment and materials required for the construction ofar new substation located at 7437 Ruben Linker Road. The bids were arranged into six schedules of equipment. Each bid was reviewed for compliance with the technical specifications and purchase price. Based on the preceding factors the following vendors submitted thel lowest responsive and compliant bid: Schedule I- Substation steel and structures- Substation Enterprises, $559,418; Schedule II - Two 28 MVA power transformers, Virginia Transformer Corporation, $2,445,400; Schedule III Two 100KV circuit switchers, S&C Electric Company, $141,400; Schedule IV- Eight 15KV circuit breakers, Siemens Industry, Inc, $253,012; ScheduleV- One relay and control panel, Birmingham Control Systems, Inc, $139,995; and Schedule VI - One Control house, Modular Connections, LLC, $107,307. All schedules combined total $3,646,532. Funding will be derived from the existing A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to award bids for electric equipment and materials for Substation V to: Substation Enterprises; Virginia Transformer Corporation; S&C Electric Company; Siemens Industry, Inc; and Birmingham Control Systems, Inc, and Modular 7. Consider awarding a bid for electric materials for two (2) 2500 KVA padmount distribution transformers to WESCO Distribution, Inc. Electric Systems staff received four bids on October 26, 2022 for electric materials for the purchase of two (2) 2500 KVA padmount distribution transformers. WESCO Distribution, Inc was the lowest bidder at $193,370 and was compliant in meeting the Ar motion was made by Council Member Parsley-Hubbard and seconded by Council Member Langford to award a bid for electric materials in the amount of $193,370 to WESCO Distribution, Inc. for the purchase of two (2) 2500 KVA padmount distribution Considerauthorizing the City Manager to negotiate and execute a contract with Musco Sports Lighting, LLC Sourcewell #199030 for the purchase and installation of Green Generation lighting fixtures and poles at Gibson Field, This project includes thei installation of 5 light fixtures and poles with pre-cast concrete bases, galvanized steel poles at the Gibson ballfield in additional to locking and unlocking of ballfield restrooms using the Control Link system. The lights will work with the existing Remote Equipment Controllers, factory wired and tested remote electrical component enclosures and pole top luminaire assemblies. The on-field Performance- Light levels are guaranteed for 25 years with the LEDs solution. This includes both quality and quantity of light as specified. LED Energy Savings, with a reduction of energy by This bid includes Environmental Light Control-Control for neighbors and the environment. LED is an intense light source and without the correct glare control the appearance of the facility will be compromised. The LED proposal covers all maintenance for 25 years. The provided warranty covers all materials and labor, eliminating maintenance costs for 25 years. The City maintains 101 facilities with sports lighting and ail have Musco lighting. In order to operate efficiently by reducing the  the amount of $220,000--the vote: all aye.  Industry, Inc; and Myers Controlled Power, LLC.  Substation V project account.  Connections, LLC-the vote: all aye.  required specitications.  transformers--the vote: all aye.  8.  located at 323 Misenheimer Drive NW.  50%+ with LED over typical HID 1500w.    435  amount of staff training and stocking of parts, the City proposes to purchase the light fixtures from Musco Lighting under the sole-source exception# #199030, contract number #071619-MSL allowed by N.C. Gen. Stat. 143-129 (e) Exceptions (6) when "(ili) Standardization or compatibility is the overriding consideration." The proposed cost for A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Musco Sports Lighting, LLC for the purchase and installation of Green Generation Lighting fixtures and galvanized steel poles for Gibson Ballfield, for a fee not to exceed Consider authorizing the City Manager to sign a contract with Garver for preliminary engineering and design of the rehabilitation of the chlorine room at the Coddle Creek Water Treatment Plant in the amount of $269,194. Extensive rehab and concrete work is needed fort the chlorine room ati the Coddle Creek WTP. Holding tanks will also be replaced as part of the project. The project will make structural repairs and improvements and will make the room safer for plant personnel. The Water Resources department advertised an RFQ for professional engineering design services. One response was received. Water staff interviewed Garver and is AI motion was made by Council Member Langford and seconded by Council Member Parsley-Hubbard to authorize the City Manager to sign a contract with Garver in the 10. Consider authorizing the City Manager to negotiate and execute a construction contract with Fuller & Co. Construction, LLC for the construction of Bids were received on October 25, 2022 for the construction of a 12" Public Sewer Extension located along Coddle Creek Tributary from the end of Phase Ito New Town Way which is approximately 2,476 feet. Fuller & Co. Construction, LLC was the low A motion Mayor Pro-Tem Crawford and seconded by Council Member Langford to authorize the City Manager to negotiate and execute a contract with Fuller & Co. Construction, LLCini the amount of$1,297, 449.381 for the construction of the 12"F Public  equipment and installation is $275,000.  $275,000--the vote: all aye.  9.  recommending them as the selected consultant for this project.  amount of $269,194--the vote: all aye.  the 12" Public Sewer Extension Phase IIA.  bidder with ai total bid of $1,297,449.38.  Sewer Extension Phase IIA--the vote: all aye. 11. Consider amending the Sewer Allocation Policy.  City Council initially approved the Sewer Allocation Policy at their December 21, 2021 work session. The amendments proposed are to clarity the definition of public projects such that the definition is as defined int the Concord Development Ordinance and clarity that approved Economic Development projects are not limited to a one year time limit. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to amend the Sewer Allocation Policy-the vote: all aye. 12. Consider a Preliminary Application from Eric Barnhardt.  Ina accordance with City Code Chapter 62, Eric Barnhardt has submitted a preliminary application to receive water service outside the City limits. The property is located at 1361 Zion Church Road. This parcel is zoned county LDR and developed with a single family house. The applicant indicates thati the existing welli is going bad. Public sewer A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to accept the preliminary application and have the owner proceed to  is not available to the parcel.    436  the final application phase excluding annexation-the vote: all aye.  13. Consider a Preliminary Application from Ready Mix of the Carolinas, Inc. In accordance with City Code Chapter 62, Rick Alexander of Ready Mix of the Carolinas, Inc. has submitted a preliminary application to receive water service outside the City limits. The property is located at 2976 Zion Church Road. This parcel is zoned county GI (General Industrial) and is currently undeveloped. The applicant is planning on constructing a concrete ready mix plant with a +!-2,500 sf maintenance shop. The applicant will need to extend the existing water line in order to serve the property. Sewer is available to the parcel but the applicant has obtained a septic permit from the AI motion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to accept the preliminary application and have the owner proceed to the  county.  final application phase including annexation-the vote: all aye.  The consent agenda items were presented for the Council's consideration. A motion was made by Council Member McKenzie, seconded by Council Member Sweat, and duly carried, to approve the following consent agenda items-the vote: all  aye.  CONSENT AGENDA ITEM A  One additional personal day off was approved to be raffled offi for the City's United Way  fundraiser. The day must be used by June 30, 2023.  CONSENT AGENDA ITEM B amount of $87,525. CONSENT AGENDA ITEMC  The City Manager was authorized to negotiate a contract with Hopthru for automated passenger counter data validation, management, and analysis for Rider Transit in the  The following ordinance was adopted to amend the Rates and Charges to include U.S.  Military Veterans in the Reduced Fare Program.  ORD.#22-136  AN ORDINANCE AMENDING FY 2022-23. APPROVED FEES, RATES AND CHARGES SCHEDULE AS ADOPTED IN THE FY: 2022-2023 BUDGET WHEREAS, the City Council of the City of Concord, North Carolina did on the gth day of June, 2022, adopt a City budget for the fiscal year beginning July 1st 2022 and ending WHEREAS, the City desires to amend the ordinance as it relates to the Schedule of NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that ina accordance with the authority contained in G.S. 159-15, the following fees, rates and  ORDINANCE  on June 30th, 2023, as amended; and Fees, Rates and Charges;  charges are hereby amended as follows:  Transit System - Concord/Kannapolis Rider (changes in Bold)    437  LOCAL SERVICE Regular Fare1 ADA Paratransit Fare Senior Citizen Fare2 Disabled Fare2 Medicare Card Holders2 Student Fare2 Veteran Fare2 Children (ynder 5) Transfers 1-Day Unlimited Ride Pass 7-Day Unlimited Ride Pass 10-Ride Electronic Fare Media 31-Day Pass 1-Ride Pass Bulk3  1.25 per one- way trip 2.00 per one-way trip 0.60 per one-way trip 0.60 per one-way trip 0.60 per one-way trip 0.60 per one-way trip 0.60 per one-way trip  Free Free $ 4.00 $ 2.00 $12.00 $ 6.00 $ 10.00 $ 5.00 $40.00 $20.00 $ 1.00 (80% ofF Regular Fare ratep perride) $ 2.00 $40.00p perc calendarmonth  1-Day Unlimited Ride Pass (Senior, Disabled, Medicare, Student, Veteran)2 7-Day Unlimited Ride Pass (Senior, Disabled, Student, Medicare, Veteran)2 10-Ride Electronic Fare (Senior, Disabled, Medicare, Student, Veteran) 31-Day Pass (Senior, Disabled, Medicare, Student, Veteran)2 Rider Pass Umo Card (new or replacement) Fare Capping (Digital Fare Payment System Users) Discounted fares require a reduced-Fare ID. atr regular fare rate if appliçable. November 2022.  Allriders shall payt this fare unlesst the rider qualifies under the fare policy for one oft the reduced fares as 1-Ride Pass - minimum purchase of 100 passes; ifl less than 100 passes purchased, passes will be sold This Ordinance amendment shall be effective upon adoption. Adopted this 10th day of  listed.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMD  The 2019 Emergency Safety and Security Grant form HUD was accepted and the  following budget ordinance was adopted.  ORD.#22-137  GRANT PROJECT ORDINANCE PROJECT NC19E00850319  FY 2019 EMERGENCY SAFETY AND SECURITY GRANT  BE IT ORDAINED by the City Council oft the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 oft the General Statutes of North Carolina, thet following grant SECTION 1. The project authorized is the Capital Fund grant, which is a program to assist the Housing Department in carrying out development, capital and management activities in order to ensure that the program continues to service low-income families. SECTION2. The City Manager is hereby authorized to proceed with thei implementation of the project within terms of a grant agreement with the U.S. Department of Housing and  project ordinance is hereby ordained:  Urban Development.    438  SECTION: 3. Thef following revenues are anticipated tol be available to the Cityof Concord  for the project:  2019 Emergency Safety & Security Grant 692-4703308  $135,919  692-4703308  SECTION4 4. The following amounts are appropriated to the project:  Security Cameras  9212-5800296 9212-5800296  $135,919  SECTION 5. Accounting records are to ber maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION 6. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION7. Thel Finance Director is directed to report on thet financial status oft this project inaccordance with the existing City policy. She shall alsor report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 10th day of  Control Act of the State of North Carolina.  carrying out this project. unusual occurrences. November 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEME E  The maintenance agreement was approved andt the offer of dedication was accepted on  the following property: Pulte Home Company, LLC.  CONSENT AGENDA ITEM F  The offer of dedication on the following plat and easements were accepted: Odell  Outparcel 1 and Annsborough Park Phase 11 Map1.  CONSENT AGENDA ITEMG  The offer of infrastructure was accepted in the following subdivisions and sites: International Business Park Lot 1, Addison Apartments, Creekside Drive water line  extension, and Courtyards at Poplar Tent.    439  CONSENT AGENDA ITEM H Cabarrus County was accepted. CONSENT AGENDA ITEMI  A1 transfer of 6.372 acres and 10-foot easement along Central Cabarrus Drive from  The following budget ordnance was adopted to amend the Mayor's Golf Tournament  Fund.  ORD.#22-138  AN ORDINANCE TO AMEND FY 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council oft the City of Concord, North Carolina did oni the gth day of June, 2022, adopt a City budget fort thet fiscal year beginning July 1,2022a ande 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 that in accordance with the authority contained in G.S. 159-15, the following accounts are  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  hereby amended as follows:  Revenues Total  Account  Title  Current Budget 6,608,645  Amended (Decrease) Budget 6,608,805  Increase 160 160  100-4370000 Fund Balance Approp  ExpenseslExpendtures  Current Budget 4,000  Amended (Decrease)  Account  Title  Budget 4,160  Increase 160 160  4190-5470043 Golf Tournaments  Total  Reason: To appropriate Mayor Golf Tournament reserves for a donation to Carolina Bears Youth Organization for football field marker signs. This non-profit organization provides recreational opportunities for youth ages 5-14 in the Concord community.  Adopted this 10th day of November, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /sl William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDAI AITEMJ  Thet following ordinance was adopted to amend the FY2022/2023 budget ordinance for the General Fund to appropriate insurance reimbursements received.    440  ORD.#22-139  AN ORDINANCE TO AMEND FY 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did oni the 9th dayof June, 2022, adopta City budget fort thef fiscaly year beginning. July 1,2022 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures 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  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  hereby amended as follows:  Revenues  Account  Title  Current Budget  Amended (Decrease)  Budget  Increase 62,129 62,129  100-4353100 Insurance Reimbursement  Total  ExpenseslExpendtures  Current Budget 0 17,000  Amended (Decrease)  Account 4550- 5362000 4190- 5194000  Title  Budget 4,970 74,159  Increase 4,970 57,159 62,129  Accident Repairs Contract Services Total  Reason: To appropriate insurance proceeds fori insurance repairs and flood damage  cleanup and repairs.  Adopted this 10th day of November 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMI K Electric Operating Fund.  The following ordinances were adopted to amend the Electric Project Fund and the  ORD.#22-140  CAPITAL PROJECT ORDINANCE Electric Projects    441  BEITO ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following  project ordinance is hereby ordained:  SECTION 1. The project authorized and amended is Electric Projects.  SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. The following revenueslexpenaitures are anticipated to be available toi the  projects.  City of Concord for the project:  Current Budget  Amended Budget  (Decrease) Increase  Account  Title  Transfer from Electric Future Electric Projects Smart Grid  473-4501610 Del #6 Sub PH Hwy 6949-5811081 49/601 6949-5801134 Delvry #4 & 100KV Ph1 6949-5801145 Copperfield Blvd Sub N 6949-5801152 100KV Tielins Liles- 6949-5801159 Subo 6949-5801167 Del #4/Sub E 6949-5801170 Interconnec 6949-5801171 Sub T Concord Pkwy 6949-5801172 Sub U Cabarrus Arena 6949-5801173 Sub VWeddington Rd 6949-5801174 Electric Operations Cntr  49,590,212 44,210,113 (5,380,099)  849 8,621,500 4,478,165 14,919,916 5,846,500 1,000,000 1,000,000 6,273,757 1,000,000 7,945,500  0 8,574,496 4,179,658 16,919,916 2,046,500 0 500,000 7,240,018 0  (849) (47,004) (298,507) 2,000,000 (3,800,000) (1,000,000) (500,000) 966,261 (1,000,000) (700,000)  6,945,500 (1,000,000)  31,268,286 30,568,286  SECTION4 4. Accounting records are to be maintained by thel Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the! project; and (2)t to comply with thel Local Government Budget and Fiscal SECTION! 5. Within five (5) days after adopted, copies of this grant project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 6. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 10th day of  Control Act of the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  November, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor Is/ VaLerie Kolczynski, City Attorney  ATTEST: Is/ Kim Deason, City Clerk    442  ORD#22-141  AN ORDINANCE TO AMEND FY: 2022-2023 BUDGET ORDINANCE WHEREAS, the City Council of the City of Concord, North Carolina did ont the gth day of June, 2022, adopta ta City budget for thet fiscal year beginning July 1,2022 ande 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, the following accounts are  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  hereby amended as follows:  Revenues  Account  Title  Current Budget 5,857,254  Amended Budget 477,155  (Decrease) Increase (5,380,099, (5,380,099)  610-4370000 Retained Earnings Appr  Tc  ExpensesExpendtures  Current Budget 1,800,000 6,945,500  Amended (Decrease) 3,365,401 (3,580,099)  Account  Title  Budget 0  Increase (1,800,000) (5,380,099)  7200-5987000 Transfer to Project Fund 7220-5987000 Transfer to Project Fund  Total  Reason: To reduce planned transfers to project fund for FY23 to reduce the impact to  retained earnings. Adopted  this  10th  day  of CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  November,  2022.  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEML  The following ordinance was adopted to amend the Wastewater operating budget.  ORD#22-142  AN ORDINANCE TO AMEND FY2022-2023 BUDGET ORDINANCE    443  WHEREAS, the City Council of the City of Concord, North Carolina did on the gth day of June, 2022, adopt a City budget fori thet fiscal year beginning July 1,2022 ande endingo on WHEREAS, it is appropriate to amend the expenselepenaitures and the revenue NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are  June 30, 2023, as amended; and  accounts in the funds listed for the reason stated;  hereby amended as follows:  Revenues Total  Account  Title  Current Budget  Amended (Decrease) Budget  Increase  ExpensesExpendtures  Current Budget 1,451,121 20,000  Amended (Decrease)  Account  Title  Budget 966,317 504,804  Increase (484,804) 484,804 0  7420-5990001 Approp to Ret Earnings 7420-5550000 Equipment-Capital  Total  Reason: To cover the purchase of a Jet Vac truck. The original budget included a planned increase to retained earnings. This purchase will reduce the amount originally  anticipated to go to retained earnings. Adopted this 10th day of November, 2022.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEM M CONSENT AGENDA ITEMN N CONSENT AGENDA ITEM O CONSENT AGENDA ITEMP  The third quarter water and wastewater extension report for 2022 was received. The annual report on the City's Identity Theft Program was accepted. The Tax Office reports for the month of September 2022 were accepted. The Tax Releases/Refunds for the month of September 2022 were approved.    444  CONSENT AGENDA ITEMQ  The monthly report on the status of investments as of September 30, 2022 was  accepted.  A motion was made by Council Member Sweat, seconded by Council Member King, and duly carried, to conduct a closed session in accordance with N.C. General Statute 143-318.11(a)6) to consider the qualifications, competence, performance, condition of appointment of a public officer or employee orp prospective public officer or  employee--the vote: all aye.  Amotion was made! by Councill Member McKenzie, seconded by Councill Member  Stocks, and duly carried, to return to regular session--the vote: all aye.  There being noi further business tol be discussed, ar motion was made by Council MemberL Langford, seconded by Councill Member King, and duly carried, to adjourn--the  vote: all aye.  LKLL  Deasoy, City Clerk  dwn