480  CONCORD CITY COUNCIL REGULAR MEETING NOVEMBER 10, 2021  A regular meeting of the City Council for the City of Concord, North Carolina, was held on November 10, 2021, at 6:00 p.m. in the Council Room of City Hall, with Mayor William C.  Dusch presiding. Members Present:  Council members were present as follows: Mayor Pro-Tem Terry L. Crawford Council Member Andy! Langford Council Member W. Brian King Council Member Ella Mae P. Small Council Member JC McKenzie Council Member Jennifer Parsley-Hubbard Council Member John A. Sweat, Jr. City Manager, Lloyd Wm. Payne, Jr. City Attorney, Valerie Kolczynski City Clerk, Kim J. Deason 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:  Ar motion was made by Council Member Sweat and seconded by Council Member Small to approve the minutes for the meetings of October 12 and October 14, 2021-the vote:  all aye. Presentations:  1. Mayor Dusch recognized Sergeant John Parker for receiving the International Association of Chiefs of Police "40 Under 40" award for 2021. 2. Mayor Dusch presented a Proclamation recognizing award-winning 3. Mayor Dusch presented a Proclamation recognizing November as National  journalist, war correspondent and author, Joe Galloway, Jr.  Native American Heritage Month. Informational Items:  1.  Presentation from Cabarrus Visitor's Bureau.  President/CEO, Donna Carpenter, Executive Vice President, John Mills, and Senior Vice President of Marketing and Communications, Michael Bonoffski, presented the CVB  Annual Report at the Tuesday, November gth, Work Session.  2.  Presentation from Corporate Christian Ministries (CCM) Executive Director, Mr. Hosack presented CCM's report on Transitional Housing at the Tuesday, November  Ed Hosack, on "Transitional Housing".    481  gth, Work Session. Public Hearings:  1. Conduct a public hearing to consider adopting an ordinance amending Article 4 (Section 4.4.7.) of the Concord Development Ordinance (CDO) relative to The Water Resources Department is proposing a corrective amendment to Section 4.4.7 of the Concord Development Ordinance (CDO) relative to the annual inspection requirements for stormwater facilities. The proposed change deletes the current Section 4.4.7 and replaces it with simpler and more contemporary language that reflects current practice and State and Federal requirements. It also refers the reader to the City's stormwater website for updated inspection requirements. Planning Commission Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member King There were no speakers signed in to speak in favor or in opposition to the request. Therefore, a motion was made by Council Member Small and seconded by Mayor Pro- Amotion as made by Council Member Small and seconded by Mayor Pro-Tem Crawford  Stormwater reportandi inspection requirements.  unanimously voted to adopt this change at their October meeting.  to open the public hearing- the vote: all aye.  Tem Crawford to close the public hearing-the vote: all aye. to adopt the following Statement of Consistency--the vote: all aye.  The proposal is not inconsistent with the 2030 Land Use Plan; the topic is The proposal is reasonable in order to ensure compliance with minimum State  not specifically addressed. and Federal law.  A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following ordinance amending Article 4.4.7 regarding stormwater  facilities inspections--the vote: all aye.  ORD.#21-112  AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CONCORD, NORTHO CAROLINA  WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by the North Carolina General Statute $160A-364 enacted an Official Zoning Ordinance for the City of Concord, North Carolina and the Area of Extraterritorial Jurisdiction on. July 28, 1977; and WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute SS160D-601 through 160D-605, 160D-701 through 160D-706, 160D- 801 through 160D-808 and 160D-901 through 160D-951, may from time to time as necessary amend, supplement, change, modify or repeal certain of its zoning regulations and restrictions WHEREAS, the City of Concord, North Carolina pursuant to the authority conferred by North Carolina General Statute 160D-601 through 160D-605, 160D-701 through 160D-706, 160D-801 through 160D-808 and 160D-901 through 160D-951 does hereby recognize a needt to amend the NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1: That the following section of Concord Development Ordinance (CDO) Article 4 Environmentalland Disturbing Activities", Section 4.4 "Stormwater Control", Section 4.4.7 SECTION 2: That the following section of Concord Development Ordinance (CDO) Article 4 "Environmentalland Disturbing Activities", Section 4.4 "Stormwater Control", Section 4.4.7  and zone boundaries; and  text of certain articles oft the City of Concord Development Ordinance.  Carolina:  "Annual Inspections and Inspection Report". be deleted ini its entirety.  "Inspections and Documents". be rewritten as follows:    482  4.4.7. INSPECTIONS AND DOCUMENTS.  A. INSPECTIONS  1. The person responsible for maintenance of the Stormwater Control Measures (SCM), previously known as Best Management Practices (BMPs), shall submit to the Stormwater Department of the City an annual inspection report completed by a qualified 2. The annual inspection is to be completed every year by the date publicized by the City. More information will be published by. January 31 every year on the City of Concord's website, ntps/hww.consordhnegowsCM-nspecion: 3. Ift the SCM is not working correctly or needs maintenance completed, the engineer shall note the maintenance required and supply a date that it should be completed and submit that report. Once the maintenance is completed, the engineer shall submit a passing, 1. The owner of each structural BMP shall keep records of stormwater plans, inspection reports, monitoring results, maintenance activities, and repairs for at least five years from the date of creation of the record and shall submit the same records upon request  registered North Carolina Professional Engineer.  signed and sealed inspection report.  B. DOCUMENTS  to the stormwater administrator. Adopted in this November 10th, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk Presentations of Petitions and Requests  Is/ VaLerie Kolczynski, City Attorney  1. Consider adopting the 2021 Update to the City of Concord's Downtown Since the adoption of the 2016 Downtown Master Plan, millions have been invested by the private and public sector in downtown. These investments include 70 residentialunits in the former Hotel Concord and Lofts 29, a 600-space county-owned parking deck, complete renovations to 57 Union Street and 66 Union Street as well as the ongoing In addition to these projects, starting construction are nearly 300 additional residential units with supporting 20,000 square foot of retail and office space spread throughoutt tthree buildings on Union Street (Novi Lofts), Barbrick Avenue (Novi Flats), and Market Street (Novi Rise) behind City Hall. These projects along with a new streetscape on Union Street Benchmark Planning has worked extensively with City staff and presented an overview of the Downtown Master Plan Update public information sessions held in April and June at the Cabarrus Center, public input survey results and the recommendations for the future. The Master Plan update aims to keep the momentum moving forward by building on the success of the 2016 plan and creates a strategic vision for downtown of the next The Planning and Neighborhood Development Services Director, Steve Osborne, He presented the following concepts: Church Street redevelopment, that included an outdoor venue and greenway park; Market and Spring Street redevelopment; and future  Master Plan.  County courthouse expansion.  spurred the need for an update to the current Downtown Master Plan.  five years and beyond.  introduced Jason Epley with Benchmark Planning.  streetscape improvements.    483  Mr. Epley presented the implementation framework and matrix for the next five years. A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Langford to adopt the 2021 update to the City of Concord's Downtown Master Plan-the Consider allocating an additional $9,213.10 in CDBG CARES funding for the management of the Vance Drive Apartments by Cooperative Christian Ministries. In November of 2020, Council approved the management of the Vance Drive quadplex for persons needing to temporarily quarantine due to COVID-19. Cooperative Christian Ministries has worked with various agencies including Salvation Army, Cabarrus Health Alliance and Meals on Wheels to facilitate the safe housing of six persons who need immediate quarantine shelter due to a positive COVID test result. Staff requested Council consider allocating the remaining CDBG CARES funds, in the amount of $9,213.10, to Cooperative Christian Ministries to continue the management oft the Vance quadplex and A motion was made by Council Member McKenzie and seconded by Council Member Parsley-Hubbard to approve allocating an additional $9,213.10 in CDBG CARES funding for the management oft the Vance Drive Apartments by Cooperative Christian Ministries  vote: all aye. 2.  subsequent services related to persons quarantining.  the vote: all aye. 3.  Consider adopting an ordinance granting a franchise to Public Service Public Service Company of! North Carolina, Inc proposes to continue to construct, operate and maintain a Gas Utility System and all necessary means for transmission and distribution of gas within the City of Concord. This franchise shall constitute a contract between the Town and the Company and shall be int force and effecti for an initial term of thirty (30) years and shall continue int force ande effect year-to-year thereafter until properly A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adopt the following ordinance granting a franchise to Public Service  Company of North Carolina, Incorporated.  terminated by either party.  Company of North Carolina, Incorporated-the vote: all aye.  ORD.#21-113  AN ORDINANCE GRANTING TO PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INCORPORATED, AS, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE AND OCCUPY THE PUBLIC WAYS OF THE CITY OF CONCORD, NORTH CAROLINA, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OFA GAS UTILITY SYSTEM AND. ALL NECESSARY MEANS FOR TRANSMITTING AND DISTRIBUTING GAS WITHIN SAID TOWN FOR. Al PERIOD OF THIRTY YEARS WHEREAS, Public Service Company of North Carolina, Incorporated proposes to continue to construct, operate andi maintain a Gas Utility System and all necessary means for transmission and distribution of gas within the City of Concord, North Carolina, (the NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Concord, North Whenever and wherever used in this Ordinance the following words and names shall TOWNCOUNCIL shall mean the governing body of the City of Concord, North Carolina, COMPANY shall mean Public Service Company of North Carolina, Incorporated, dba  "Town")and Carolina as follows: SECTION1. DEFINITIONS. have the following meanings: as now or hereafter constituted.  Dominion Energy North Carolina, its successors and assigns.    484  TOWN shall mean the City of Concord, North Carolina, including its present and future DEPARTMENT OF TRANSPORTATION shall mean the North Carolina Department of GAS shall mean natural gas, mixed gas and substitute fuels carried over the Company's GAS UTILITY SYSTEM shall mean all facilities of the Company in the Town used for the FERC shall mean any reference made to the Federal Energy Regulatory Commission or COMMISSION shall mean the North Carolina Utilities Commission, or any successor PUBLICWAY ORWAYS shall mean any public street, avenue, road, alley, lane, bridge, or other public right-of-way within the Town over which the Town has jurisdiction or GOODUTILITY PRACTICES shall mean the practices, methods and acts engaged in or approved by a significant portion of the gas industry during the relevant time period or other practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result consistent with reliability, safety, expedition, requirements ofgovernmental. agencies having jurisdiction, and at the lowest reasonable cost. The term Good Utility Practices is not intended to be limited to the optimum practices, methods or acts to the exclusion of all others, but rather to constitute a spectrum of acceptable The right, power and authority is hereby granted to and vested in the Company to construct, install, replace, repair, maintain and operate transmission mains, gas mains, pipes, equipment, service lines, communications lines, facilities and other appurtenant apparatus of the gas system, for the purpose of operating a natural gas system along, across, and under the streets, alleys, bridges, rights-of-way, and other public places of the Town together with any necessary rights of access thereto; and to use that natural gas system to conduct a gas business. This granting of authority is provided that the Town as of the applicable time, has jurisdiction or exercises control of the public ways. This Franchise Agreement shall also permit the Company to exercise the rights granted No street, alley, bridge, right-of-way or other public place used by the Company shall be obstructed longer than reasonably necessary during its work of construction or repair and shall be restored to the same good order and condition as when said work was commenced. However, should any such damage occur due to the Company's failure to use due care, the Company shall repair the same as promptly as possible, and, in default thereof, the Town, after written notice and opportunity for the Company to repair, may make such repairs and charge the reasonable cost thereof and collect the same from the Company. The Company shail save the Town harmless from liability (including judgment, decrees, and legal court costs) resulting directly from its negligence and failure to use due care int the exercise of the privileges herebygranted or of its rights under this Section. All work upon the streets and public places of the Town shall be done subject to reasonable inspection of the Town Manager or designee (or other legally constituted governing body) of the Town, all sidewalks or street pavements or street surfaces which may be displaced by reason of such work shall be properly replaced by the Company, its The Company shall coordinate with other utilities which use the Public Way. The Company shall provide information identifying the proposed location of Company facilities to the City Engineer and obtain the written approval of the City Engineer in the form of a The Town shall mail or email notice to the Company of areas annexed into the Town. Said notices shalli include pertinent maps and/ort tax map numbers, so that newly annexed  boundaries.  Transportation or its successor.  facilities as authorized by the North Carolina Utilities Commission. transmission or distribution of Gas within the Town.  its successor. body lawfully constituted. exercises control.  practices, methods, or acts. SECTION2. Grant of Authority  herein without the need for additional permit(s) from the Town. SECTION3. Conditions on Use of Public Ways  successors and assigns, to the reasonable requirements of the Town.  utility work permit prior to commencement of any work.  SECTION4. Annexation Notification customers may be identified.    485  SECTION5. Service  The Company may supply any form of gas containing approximately one thousand (1,000) BTU's per cubic foot, and its obligation in respect thereto shall continue only sO long as it is able to reasonably obtain an adequate supply of such gas hereunder, provided, however, that in the supply of such gas the customers within the Town shall enjoy equal rights with respect to other similar customers served by the Company The Company shall, as to all other conditions and elements of service not fixed herein, be and remain subject to the rules and regulations of the Commission, Department of Transportation, and FERC or its successors, applicable to gas service in the Town. The gas franchise granted by this Ordinance is not exclusive. The Town may grant the same or similar rights and privileges to other certified persons or companies at any time, provided that any such grants shall be made under terms and conditions which do not materially impair the exercise of the rights and privileges granted to the Company under Upon ratification and acceptance, this franchise shall constitute a contract between the Town and the Company and shall be in force and effect for an initial term of thirty (30) years and shall continue in force and effect year-to-year thereafter until properly terminated by either party. Either party may terminate the contract at the end of its initial term or its anniversary date any year thereafter, by giving written notice of its intention to do so no less than one (1) year before the proposed date of termination. This franchise is subject toi the constitution and laws of the State of North Carolina and is not a waiver of any present or future law or regulation. This franchise is not a limitation of the authority of the Town to enact any ordinance or policy that does not diminish, conflict or impair the rights and authority granted to the Company in this franchise or otherwise impose additional obligations on the Company in order to exercise the rights Gas utility service is not guaranteed to be free from interruptions, supply failure or The Company shall maintain and operate its Gas Utility System in compliance with Company vehicles, responding to natural gas emergencies, may park as close to the The Company may from time to time declare, make and enforce such rules and regulations as shall have been fixed or allowed by the Commission as to the sale or distribution of Gas to any of its customers in the Town. The rates to be charged for Gas at all times shall be such rates as are fixed or allowed by the Commission, including such rates as shall be negotiated by the Company with certain industrial or commercial The Company shall maintain maps or plats of its Gas Utility System within the area covered by this franchise. Such maps or plats shall be maintained in the Company's offices, and the Town may review the same during any regular business hours of the Ini the event the Company is adjudged bankrupt or its assets are placed in the hands ofa receiver or other court officer, either voluntarily or involuntarily, then the interest, rights and remedies of the Town in respect to said properties and operations shall not be affected or prejudiced, and any receiver, assignee, trustee, purchaser or successor, whether by operation of law or otherwise, sO succeeding to or representing the interest or position of the Company, shall be bound by this Ordinance and the terms and provisions hereof and shall be bound to carry out and perform the obligations and duties  consistent with Commission rules and regulations.  SECTION6. Nonexclusive Grant and Term  this franchise.  SECTION7. Franchise Not Waiver of Law  granted herein. outages.  SECTION 8. Regulations. Safety and Customer Service  The Company will restore gas utility service using Good Utility practices. applicable State and Federal maintenance and safety regulations.  location of the emergency as is practicable. SECTION9. Commission Rules and Rates  customers pursuant to authority granted by the Commission.  SECTION 10. Plat of Gas Utility System  Company.  SECTION 11. Bankruptcy, Successors, Assigns    486  imposed upon the Company by this Ordinance. Likewise, if the Company reorganizes, merges, or consolidates with any other company, then the Town is bound by this Ini the event the Company fails to comply with the provisions of this Ordinance and, within thirty (30) days after receipt of written notice from the Town, the Company fails to cureor remedy such default, or to have begun reasonable measures to do so, then the Town may cause the Company to appear at a hearing before the Town upon thirty (30) days prior written notice. Any written notice to the Company shall be sent to Dominion Energy North Carolina, 800 Gaston Road Bldg. A Gastonia, North Carolina 28053 Attn: Economic Development & Local Government Manager. If at such hearing the Town should determine that the Company's failure or default has been substantial, repeated or flagrant, then upon such determination the Town may revoke and terminate this franchise; provided, however, that the Company may file with the Town within ten (10) days after such determination the Company's election to appeal to the proper North Carolina court, during the pendency of which the Ordinance shall remain in full force and effect. Int that event the Town and Company agree that such court shall hear and determine de novo whether there has been substantial, repeated or flagrant failure or default by the Company of the terms, conditions or obligations of this Ordinance. Failure or default which cannot be corrected by the Company shall not be grounds for revocation or termination, unless such failure or default shall be determined to be material and continuing. Ifa any provision in this contract is determined tol be invalid, void or unenforceable by any court or regulatory body having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract. This Contract and all provisions herein willl be subject to all applicable and valid statutes, rules, orders and regulations of any governmenta. authority having jurisdiction over the parties, their facilities, The rights hereunder in this Ordinance accrue exclusively to the parties, their successors and assigns. Iti is the express intent of the parties that this franchise shall not create any This Ordinance shall be effective from and after the 10th day of November, 2021,provided the Company shall have executed the written acceptance hereof at the end of this Ordinance, and shall existi in force for a period of 30 years hereafter, and continue inf force year to year thereafter until cancelled upon written notice of either party at least eighteen (b) All other Ordinances and clauses of Ordinances in conflict herewith are hereby Adopted by the City of Concord on the 10th day of November, 2021, and hereby ratified.  Ordinance.  SECTION 12. Revocation  SECTION13. Severability, Third Party Rights  or gas supply, this Contract or transaction or any provisions thereof.  rights in third parties.  SECTION14. Effective Date, Term, Adoption, and Ratification  months in advance. repealed.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  /s/ VaLerie Kolczynski, City Attorney  4.  Consider adopting a resolution authorizing an eminent domain action for Title to this property is currently in the name of Mario Garcia. Due to certain Code Enforcement issues with the property, an attempt was made to locate the owner in order tol begin a Code action; however, when the Code Officer went to the address listed by the tax office, no Garcia lived there. Another Mario Garcia was located in the City; however,  property located at 167 Mahan Street.    487  when contacted, Mr. Garcia disclaimed any knowledge of the property. The tax value of the property is listed at $41,900. Property taxes for the year 2021 are due ini the amount of $511.18. This eminent domain action is requested by the City's Planning Department A motion was made by Council Member King and seconded by Council Member McKenzie to adopt the following resolution authorizing an eminent domain action for  for the purpose of affordable housing.  property located at 167 Mahan Street-the vote: all aye.  RESOLUTION AUTHORIZING NEGOTIATED PURCHASE ORI EMINENT DOMAIN TO ACQUIRE PROPERTY  WHEREAS, the City Council for the City of Concord, North Carolina, hereby determines that iti is necessary and int the public interest to acquire a real property parcel  identified and defined, as follows:  (Old Description)  LYING AND BEING in ward No. 4 oft the City of Concord, North Carolina on the east side of Mahan Street SW and being more particularly described as follows; BEGINNING at an iron stake in the deg of Mahan Street, corner of Mollie Harris and runs thence with the line of Mollie Harris, North 84 degrees East 100 feet to an iron stake, corner of Mollie Harris, thence South 2 degrees East with the line of Mollie Harris, 31.7t feet to ani iron stake int the line ofl Mollie Harris, corner of Walter Gilmore; thence with the line of Walter Gilmore, North 74 degrees East 44.2 feet to an iron stake in the line of Walter Gilmore, corner of Dr. Lee's lot; thence with the line of Dr. Lee due North 84.7 feet to an iron stake in the line of Dr. Lee, corner of George Green; thence with the line of George Green, South 83 34 West 146.31 feet to an iron stake in the edge of Mahan Street SW; thence with the East edge of Mahan Street, South 2 degrees East 60 feet to the POINT AND PLACE OF BEGINNING. Commonly known as 167 Mahan Street SW, Concord, NC 28025, Parcel ID No. 5620-95-1446, Tax ID No: 12-036-0248.00, Cabarrus Being the same property conveyed to Mario Garcia by deed recorded on September 20,2018 in Deed Book 13189, Page 298 oft the Cabarrus County Registry. WHERAS, the real property parcel, currently owned by Mario Garcia is being acquired for the purpose of the construction of affordable housing along with all fixtures and WHEREAS, representatives of the City of Concord are in negotiation with the above stated owners to acquire the above-described properties by negotiated conveyance. NOW, THEREFORE, BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF The City of Concord will acquire by condemnation or negotiated conveyances for the purposes stated above the property and interest therein described above to the The City Attorney is authorized and directed to acquire by negotiated offer or, in the alternative, institute the necessary proceedings under Chapter 157 of the North Carolina  County.  appurtenances; and  CONCORD, THAT: Resolution.  General Statutes, to acquire the properties described above. Adopted this 10th day of November 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk    488  5. Consideradopting: an ordinance to allow the police department to administer A recent change in the NC General Statutes allows the City to adopt an ordinance providing for the temporary extension of ABC licensed premises. Extension applications will be administered by the Concord Police Department. Extensions are limited to no more than 72 hours per extension and 12 extensions per year. This function was previously administered byt the ABC Commission and the proposed ordinance mirrors the Amotion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to adopt the following ordinance allowing the police department to administer the 6. Consider authorizing the City Manager to negotiate and execute a contract with the Houston Galveston Area Cooperative Purchasing Program for the purchase ofa a Pierce manufactured Fire engine/pumper and TDA-ladder truck. By using the government to government purchasing cooperative for the purchase of the fire apparatus, the City is able to purchase both apparatus for a total cost of $2,153,505 while providing a chassis with the latest safety features available. Using the pre-pay method will result in a cost savings of $80,333.00. The apparatus will be a replacement for engine company 9 and the new ladder approved in the FY21-22 budget. The requested amount is under the approved funds in the vehicle capital account. An motion was made by Council Member Small and seconded by Council Member Sweat to authorize the City Manager to negotiate and sign a contract for the purchase of the Pierce apparatus using the Houston Galveston Area purchasing cooperative--the vote: 7. Consider awarding a bid in the amount of $1,629,248.25 to Pike Electric LLC for construction of Delivery Station #4 at114 Union Cemetery Road. Delivery Station #4 site-work/grading. is now complete. Bid specifications for construction of the concrete foundations and all above ground facilities were developed and at formai bid process was held on October 20, 2021. Seven construction firms submitted bids, which were evaluated by staff for adherence to specifications. The lowest bidder at $1,629,248.25 was Pike Electric LLC. Pike Electric was deemed to be a responsive and responsible bidder. Upon a Notice to Proceed letter, Pike will have 280 days to perform the work. Delivery 4 remains on schedule for commissioning in December 2022. A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to award al bid for $1,629,248.25 to Pike Electric LLC for construction of Consider awarding bids for electric equipment and materials for Substation T Located at 2640 Concord Parkway to; Dis-Tran Packaged Substation Engineering, PLLC, Virginia Transformer Corporation, S&C Electric Company, ABB Electric Systems staff received bids on October 20, 2021 for electric equipment and materials required for the construction of a new substation located at 2640 Concord Parkway South. The bids were arranged into the following six schedules of equipment: Schedulel- Substation steel and structures- Dis-Tran Packaged Substation Engineering, $491,320; Schedule II - Two 27 MVA Power transformers, Virginia Transformer Corporation, $1,857,624; Schedule III Two 100KV circuit switchers, S&C Electric Company, $116,660.20; Schedule IV = Fourteen 15KV circuit breakers, ABB Inc., $246,161.60; Schedule V - Relay Panels, Electrical Power Products, $116,486 (Lowest Responsive Bidder); and Schedule VI - Control equipment house, VFP, Inc., $91,248. All schedules combined at $2,919,499.80. Funding to be derived from existing Substation  the extension of ABC licensed premises.  regulations followed by the Commission.  extension of ABC licensed premises the vote: all aye.  all aye.  Delivery Station #4 at 114 Union Cemetery Road-the vote: all aye.  8.  Inc., Electrical Power Products Inc. and VFP Inc.  TP project account with standing balance of $4,117,194.22.    489  A motion was made by Council Member McKenzie and seconded by Council Member Langford to award bids for electric equipment and materials for Substation Tto; Dis-Tran Packaged Substation Engineering, PLLC, Virginia Transformer Corporation, S&C Electric Company, ABB Inc., Electrical Power Products Inc. and VFP Inc -the vote: all aye. 9. Consider approving the acquisition of one parcel totaling 4.303 acres along Three-mile Branch and Branchview Drive (parcel ID# 5621-84-3678) from Irvin W. Nachman, Judy Ben-Zev, Barry A. Nachman, and Susan Nachman for future The parcel under consideration for acquisition (PID# 5621-84-3678) would be developed as part of an extension to the McEachern Greenway. This parcel is 4.303 acres according to a new survey, and features land on both sides of Brookwood Avenue. The purchase This property is critical for connectivity from the existing end of McEachern Greenway to David Phillips Activity Center, which also features connections to Miramar with sidewalk connections to Beverly Hills Park, Concord High School, and future connectivity to the hospital. The total cost for acquisition of the 4.303 acres including due diligence is Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to approve the acquisition of one parcel totaling 4.303 acres (PIN# 5621-84-3678) from Irvin W. Nachman, Judy Ben-Zev, Barry A. Nachman, and Susan Nachman for future development of McEachern Greenway1 for $110,900 (amount includes due diligence), and to adopt the following ordinances to amend the Parks and Recreation Capital Reserve Fund and Recreation Capital Project Fund to complete transfers for  development of McEachern Greenway.  price is $105,000.  $110,900.  approved property purchases-the vote: all aye.  ORD.#21-115  CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-McEachern Hospital Phase  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the  following project ordinance is hereby adopted/amended:  SECTION 1. Hospital Phase Greenway. SECTION2. specifications for the projects. SECTION3.  The projects authorized are the projects included for the McEachern- The City Manager is hereby authorized to proceed with the The following revenues are anticipated to be available to the City of  implementation and amendments of the projects within the terms of the plans and  Concord for the completion of the projects:  Revenues  Current Amended (Decrease Budget $1,126,81 $1,237,71 6  Account 420-501280  Title  Budget Increase  420-501280 Transfer from P&R Reserve  6  $110,900 $110,900  SECTION4.  The following amounts are appropriated for the project:  ExpensesExpendiures    490  Current Amended (Decrease)  Account 8300-5811018  Title  Budget  Budget  Increase  8300-5811018 McEachem-Hospital Phase  $945,515 $1,056,415 $110,900  Total  $110,900  SECTION5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy, and shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 10th day  Control Act oft the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  November, 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.#21-116  PARKS & CAPITAL RESERVE FUND ORDINANCE  AMENDED  BEITO ORDAINEDI byt the City Council of the City of Concord, North Carolina that pursuant to Section 18-22 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The purpose authorized is to accumulate funds for future capital projects and capital outlay. Funds willl be accumulated until such time the City Council designates thei funds for projects or capital outlay. These funds may only be designated for projects that are listed in the City's Capital Improvement Plan or capital outlay approved in the City's operating budget ordinance. The General Fund will serve as the funding source for the Capital Reserve Fund upon City Council approval and withdrawals must be SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the project/projects within the terms of the plans and specifications  Capital Reserve Fund ordinance is hereby amended:  approved by City Council through an ordinance.  for the projects.    491  SECTION:3. The following revenues & expenditures are anticipated to be available to the  City of Concord for this fund: Account 8100-5987000 Transfer to Project 8100-5987000 Fund 8100-5811082 8100-5811082 Future Projects  Current Budget $903,960 $1,861,722  Amended (Decrease) Budget Increase $1,014,860 $110,900 $1,750,822 $(110,900)  Title  SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the capital reserve fund and (2) to comply with the Local Government Budget and Fiscal Control Act SECTION 5. Within five (5) days after adopted, copies of this capital reserve fund amendmentsladoption shall be filed with the City Manager, Finance Director, and City SECTION 6. The Finance Director is directed to report on the financial status of this fund in accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 10th day of  of the State of North Carolina.  Clerk for direction in carrying out the purpose of this fund.  unusual occurrences. November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  10. Consider authorizing the City Manager to negotiate and execute a contract with Cunningham Associates, Inc. for the replacement of playground equipment at McGee Park, located at 219 Corban Avenue, East, in the amount of $160,542.27. Cunningham Associates, Inc. quote was the lowest responsible bidder at $160,542.27. The amount of $165,000 was identified in the approved FY22 budget for the replacement oft the aged playground unit at McGee Park. The new playground willi feature replacement of one large playground unit, replacement of the existing tire swing with new accessible swings, and new poured-in-place (PIP) rubber surfacing for two large areas of the A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Cunningham Associates, Inc. for a playground unit replacement at McGee Park in the 11. Consider authorizing the City Manager to negotiate and execute a construction contract with Cleary Construction Inc. for the construction of the 12" Public Sewer Extension Phase I and to adopt a capital project ordinance  playground, totaling approximately 5,215 square feet.  amount of $160,542.27--the vote: all aye.  amendment.    492  Bids were received on November 2, 2021 for the construction of a 12" Public Sewer Extension located along Coddie Creek Tributary from Roberta Church Road to approximately 885 feet north. Cleary Construction, Inc. was the low bidder with a total bid of $2,451,594.75. The bid price was over current project funding and requires a A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to authorize the City Manager to negotiate and execute a contract with Cleary Construction Inc. in the amount of $2,451,594.75 for the construction of the 12" Public Sewer Extension Phase I and to adopt the following capital project ordinance  transfer from wastewater future projects.  amendment--the vote: all aye.  ORD.#21-117  CAPITAL PROJECT ORDINANCE AMENDMENT  Wastewater Projects  BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the  following project ordinance is hereby adopted/amended: Grounds Sewer Extension Phase I project. specifications for the projects.  SECTION 1. SECTION2. SECTION3.  The projects authorized are the projects included for The The City Manager is hereby authorized to proceed with the The following revenues are anticipated to be available to the City  implementation and amendments of the projects within the terms of the plans and  of  Concord for the completion of the projects:  Revenues  Current Amende (Decrease Budget dBudget ) Increase  Account SECTION4. Account 8402-5811082 Future Projects 8402-5811082 8402-5801161 The Grounds Swr Ext Ph1 8402-5801161 SECTION 5.  Title  The following amounts are appropriated for the project:  ExpensesExpendtures  Current Amended (Decrease) Budget Budget Increase 2,795,468 1,820,953 (974,515) 1,600,000 2,574,515 974,515  Title  Total  0  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 byt the project agreement and other agreements executed ort to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the State of North Carolina. ordinance shall be filed with the City Manager, Finance Director, and City Clerk for SECTION7. 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  SECTION 6.  Within five (5) days after adoption, copies of this capital projects  direction in carrying out this project.    493  City Manager any unusual occurrences.  Duly adopted by the City Council of the City of Concord, North Carolina this 10th  day November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  12. Consider making appointments to various Boards and Commissions. The Mayor and Council met and reviewed all applications currently on file in the City Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to make the following appointments to various Boards and Roy Hawkins to the Concord United Committee to fill the unexpired term of Chris Bowe; Bob Anderson to the Council United Committee to fill the unexpired term of Betty Stocks Nick Paladino to the Stormwater Management Advisory Committee (SMAC) Group 3;  Clerk's office.  Commissions-the vote: all aye. Alan Benson to the ABC Board;  (effective 12/9/21);  Kristin Roland and Matt Long as At-Large members to the SMAC.  Consent Agenda:  The consent agenda items were presented for the Council's consideration. A motion was made by Council Member McKenzie and seconded by Council Member Small to approve the following consent agenda items-the vote: all aye.  CONSENT AGENDAI ITEMA  It_was approved to co-sponsor the 2021 Concord Christmas Parade and provide  insurance and in-kind services for the event. CONSENT AGENDA ITEMB  The donation of a Pierce rescue truck from the Odell Volunteer Fire Department was  accepted.  CONSENT AGENDA ITEM C  A Pierce rescue truck from the Concord Fire Department was donated to the Odell Volunteer Fire Department to replace the donated rescue truck from Odell.  CONSENT AGENDAI ITEMD  An update to the Housing Department's Admissions and Continued Occupancy Policy was approved to reflect HUD's PIH Notice 2021-29, 30-day advance notification of lease  termination.  CONSENT AGENDAITEMI E    494  The offer of infrastructure acceptance in the following subdivisions and sites was  approved: Night and Day Dental. CONSENT AGENDA ITEME  The maintenance agreements were approved and the offers of dedication were accepted on the following properties: Odell 73 Investments, LLC and Stor-All Derita, L.P.  CONSENT AGENDA ITEMG  The offers of dedication were accepted on the following plat and easements: Kensley East Subdivision, Cannon Run, and Minor Subdivision 361 Eastover Dr SE.  CONSENT AGENDA ITEM H  The City Manager was authorized to accept an award in the amount of $37,400 under the FY 2021 Patrick Leahy Bulletproof Vest Partnership Grant from the United States Department of Justice to purchase an estimated 115 vests over the next two years and the following budget ordinance was adopted to appropriate the grant funds.  ORD.#21-118  AN ORDINANCE TO AMEND FY 2021-2022 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of June, 2021, adopt a City budget for the fiscal year beginning July 1,2021 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, thet following accounts are hereby  June 30, 2022, as amended; and  accounts ini the funds listed for the reason stated;  amended as follows:  Revenues Current Budget $405,501  Account Title 100-4603200 Police Grants  Amended (Decrease)  Budget $442,901  Increase $37,400 $37,400  Total  ExpensesyExpendtures  Current Budget $48,065  Amended Budget $85,465  (Decrease) Increase $37,400 $37,400  Account Title 4310-5212000 Uniforms  Total  Reason: To appropriate the 2021 Patrick Leahy Bulletproof Vest Partnership award.  Adopted this 10th day of November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA    495  Is/ William C. Dusch, Mayor  ATTEST: /s/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDAI ITEMI  The City Manager was authorized to accept the award in the amount of $20,905 from 2021 BIA FY 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- Local Solicitation on behalf of the police department and the following budget ordinance  was adopted to appropriate the grant funds.  ORD.#21-119  AN ORDINANCE TO AMEND FY 2021-2022 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of June, 2021, adopt a City budget for the fiscal year beginning July 1, 2021 and ending on WHEREAS, it is appropriate to amend the expenselexpendntures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, the following accounts are hereby  June 30, 2022, as amended; and  accounts int thet funds listed for the reason stated;  amended as follows:  Revenues Current Budget $384,640  Account Title 100-4603200 Police Grants  Amended (Decrease) Budget $405,501  Increase $20,861 $20,861  Total  Expenseslxpendures  Current Budget $0 Total  Amended (Decrease) Budget $20,861  Account Title 4310-5800429 Grant Expenditures  Increase $20,861 $20,861  Reason: Toa appropriate the 2021 JAG Grant award. Adopted this 10th day of November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney    496  CONSENT AGENDA ITEMJ  The following ordinances were adopted to amend the Electric operating budget and the Utility Capital Reserve Project fund for a transfer of Electric reserves to the project fund.  ORD.#21-120  CAPITAL PROJECT ORDINANCE Utility Project Reserves  BE IT ORDAINED by the City Council ofi the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The project authorized and amended is electric project reserves. SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projectprojects within the terms of the plans and specifications for the projects. The purpose authorized is to accumulate funds for future projects and capital outlay that are listed in the Capital Improvement Plan listing or the City's Operating Budget. Funds will be accumulated until such time the City Council designates the funds for projects. The ElectrneWaterMastewaler Funds will serve as the funding source for the Utility Capital Reserve Fund upon City Council approval and withdrawals must be SECTION3. The following evenueslexpenditures are anticipated to be available to the  project ordinance is hereby ordained:  approved by City Council through an ordinance.  City of Concord for the project:  Current Budget  Amended Budget  (Decrease) Increase  Account 282-4501610 8120-5811081  Title  282-4501610 From Electric  $33,484,368 $43,484,368 $10,000,000  8120-5811081 Future Elec. Reserves $10,404,092 $20,404,092 $10,000,000 SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION5. 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 oft the State of North Carolina.  carrying out this project.  Manager any unusual occurrences.  November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk    497  Is/ VaLerie Kolczynski, City Attorney  ORD.#21-121  AN ORDINANCE TO AMEND FY 2021-2022 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of June, 2021, adopt a City budget for the fiscal year beginning July 1, 2021 and ending on WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BEI IT ORDAINED by the City Council of the City of Concord thati in accordance witht the authority contained in G.S. 159-15, thef following accounts are hereby  June 30, 2022, as amended; and  accounts int the funds listed for the reason stated;  amended as follows:  Revenues Current Budget  Account Title  Amended (Decrease) 11,448,018 10,000,000  Budget  Increase 10,000,000  610-4406000 Approp. Retained Earnings 1,448,018  Total  ExpensesExpendtures  Current Budget  Amended (Decrease) 11,852,622 10,000,000  Account  Title  Budget  Increase 10,000,000  7200-5981500 Transfer to Utility Reserve 1,852,622  Total  Reason: Reserve FYE2021 electric operations surplus to the utility reserve fund for  future projects as listed in the City's CIP. Adopted this 10th day of November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /sl William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEMK Plan by $15,000.  The following budget ordinance was adopted to increase funds for the Public Art Master  ORD.#21-122  AN ORDINANCE TO AMEND FY2 2021-2022 BUDGET ORDINANCE  WHEREAS, the City Council of the City of Concord, North Carolina did on the 10th day of June, 2021, adopt a City budget for the fiscal year beginning July 1,2021 and ending on  June 30, 2022, as amended; and    498  WHEREAS, it is appropriate to amend the expenselexpenditures and the revenue NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord that in accordance with the authority contained in G.S. 159-15, thet following accounts are hereby  accounts in the funds listed for the reason stated;  amended as follows:  Revenues Current Budget  Account  Title  Amended (Decrease) Budget  Increase  Total  ExpensesExpenditures Current Budget 106,881 464,839  Amended (Decrease)  Account  Title  Budget 121,881 449,839  Increase 15,000 (15,000) 0  4910-5194000 Contract Services 4190-5992000 Contingency  Total  Reason: Tot transfer contingency funds for the art committee.  Adopted this 10th day of November, 2021.  CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor  ATTEST: Is/ Kim Deason, City Clerk  Is/ VaLerie Kolczynski, City Attorney  CONSENT AGENDA ITEML  The City Manager was authorized to enter into a contract with the North Carolina Department of Transportation (NCDOT) and execute all agreements and contracts with the NCDOT, Public Transportation Division (PTD), to receive Section 5303 Federal  Transit Administration (FTA) funds for Metropolitan Planning for Transit.  CONSENT AGENDA ITEMI M CONSENT AGENDA ITEMN  The 2022 and 2023 Holiday Schedules were approved.  The third quarter water and wastewater extension report for 2021 was received.  CONSENT AGENDA ITEM o  The annual report on the City's Identity Theft Program was accepted.    499  CONSENT AGENDA ITEME P CONSENT AGENDA ITEM Q CONSENT AGENDA ITEMR  The monthly report on investments as of September 30, 2021 was received. The Taxi releases/refunds for the month of September 2021 were approved.  The Tax Office collection reports for the month of September 2021 were accepted.  There being no further business to be discussed, a motion was made by Council Member Langford and seconded by Council Member King to adjourn-the vote: all aye.  AALEA William C.Dusch, Mayor  Kim J. Deasgh, Cify Clerk dhgp