6 CONCORD CITY COUNCIL REGULAR MEETING DECEMBER 9, 2021 Ar regular meeting of the City Council fort the City of Concord, North Carolina, was held on December 9, 2021, at6:00 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 JCI 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 Crawford and seconded by Council Member Sweat to approve the minutes for the meetings of October 26, November 9, and November 10, 2021-the vote: all aye. Presentations to retiring Council Member Ella Mae P. Small Several community leaders and citizens, as well as, the Mayor and Council made presentations tol Ms. Small for her 15 years of service to the City of Concord. Oath of Office administered to City Council Members: Cabarrus County Register of Deeds, Wayne Nixon, administered the Oath of Office to re- Mayor Dusch administered the Oath of Office to re-elected official, Terry L. Crawford. Cabarrus County Commissioners Chairman, Steve Morris, administered the Oath of The Honorable Juanita Boger-Allen administered the Oath of Office to newly elected elected Mayor, William C. Dusch. Office to re-elected official, JC McKenzie. official, Betty M. Stocks. *** Following the Oaths of Office, al brief recess was held. 7 Upon reconvening, the following agenda items were presented: Establishment of time and place for Council's regular meetings and works sessions: Mayor Dusch stated thatt the City Council needed to select a time and date for its regularly Ar motion was made by Councii Member Langford, seconded by Council Member Sweat, and duly carried, to adopt the following schedule of meetings for CY2022-the vote: all scheduled meetings and workshops. aye. Work Regular 2nd Session session Session Work date 25 22 22 26 24 21 26 23 20 25 22 20 Month January February March April May June July August September October November December date 11 8 8 12 10 7 12 9 6 11 8 6 date 13 10 10 14 12 9 14 11 8 13 10 8 Election of Mayor Pro-Tem for CY2020: Mayor Dusch stated that a Mayor Pro-Tem needed to be selected from the Council for A motion was made by Council Member McKenzie, seconded by Council Member King, and duly carried, to appoint Mayor Pro-Tem Crawford as Mayor Pro-Tem of the Concord CY2022. City Council for CY2022--the vote: all aye. Presentations: Allp presentations took place at the December 7, 2021 Work Session. Informational Items: 1. Presentation from the City of Concord Youth Council President. Youth Council President, Shriya Manchikatla, presented an update to the Mayor and City 2. The independent. Auditor presented her report on the Comprehensive Annual A copy of the report was previously distributed to the Mayor and City Council is also Council on Youth Council events and accomplishments. Financial Report for Fiscal Year ending June 30, 2021. available on the City's website 8 The Deputy Finance Director, Kristin Roe, introduced Jill Vang, Independent Auditor with Ms. Vang stated the City of Concord received an unmodified opinion which is the highest Martin Starnes & Associates. opinion level that can be received. Public Hearings: 1. Conducta public hearing and consider adopting an ordinance annexing +/- 74.019 acres located at 4862 Stough Rd. owned by HHI Morrison Investments, LLC. The request is for voluntary annexation of +/-7 74.019 acres located at 4862 Stough Road in order to develop the property as a light industrial moving and storage facility. The property is zoned LI (Limited Industrial) in Cabarrus County and, ifa annexed, the petitioner intends to pursue az zoning classification of I-1 (Light Industrial). I-1is the most compatible A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Mike Bray, Developer of the project, spoke in favor of the request. Mr. Bray stated he William Valentine stated he was in attendance to clarify with staff and the developer that a portion of his property wouid not be annexed. He stated he did receive that clarification. There were noi further speakers signed up to speak in opposition or ini favor of the request. Therefore, a motion was made by Council Member King and seconded by Council Member Parsley-Hubbard to close the public hearing-the vote: all aye. Ar motion was made by Council Member McKenzie and seconded by Council Member Parsley-Hubbard to adopt the following annexation ordinance and set the effective date zoning in the City of Concord to the existing LI zoning in the County. Sweat to open the public hearing- -the vote: all aye. was in attendance to answer any questions the Council may have had. for December 9th, 2021. ORD.#21-124 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE CITY OF CONCORD, NORTH CAROLINA TO INCLUDE +l-74.019 ACRES GENERALLY WHEREAS, the City Council has been petitioned under G.S. 160A-58.11 by Chase Burton, representing Burton Engineering, on December gth, 2021 to annex the area described WHEREAS, the City Council has by resolution directed the City Clerk to investigate the WHEREAS, the City Clerk has certified the sufficiency oft the petitions and a public hearing on the question of this annexation was held at 35 Cabarrus Avenue, West on December 9th, 2021 after due notice by The Independent Tribune on November 28th, 2021; and WHEREAS, the City Council finds that the petitions meet requirements of G.S. 160A- NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Concord, North SECTION 1. By virtue of the authority granted by G.S.1 160A-58.1,t the following described territory is hereby annexed and made part of the City of Concord, as of the gth day of LYING AND BEING SITUATED IN CABARRUS COUNTY, NORTH CAROLINA, AND BEING LOCATED. AT 4862 STOUGH RD. CONCORD, NC below; and sufficiency of the petitions; and 58.1; Carolina, that: December 2021: MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9 TRACT! LYING AND BEING IN THE NUMBER ONE (1) TOWNSHIP, CABARRUS COUNTY, NORTH CAROLINA, AND BEING A 74.019 ACRES TRACT LYING ON THE WESTERN SIDE OF SR 1309 (STOUGH ROAD). AND THE NORTHEN SIDE OF CODDLE CREEK, AND BEING MORE BEGINNING AT A REBAR IN THE WESTERN LINE OF SR 1309 (STOUGH ROAD) SAID REBAR HAVING NC GRID COORDINATES OF NORTHING: 586,356.71 AND EASTING: 1,518,807. .95, AND BEING THE NORTHERN CORNER OF TRACT I, AND RUNNING THENCE WITHS SR1 1309 (STOUGHF ROAD) THENCE, S240 26' 44" 'El FORA AD DISTANCE OF230.16FEET TOF PIPE. THENCE LEAVING THE WESTERN RIGHT OF WAY OF SR 1309 (STOUGH ROAD) ANDI RUNNING. ALONG THE PROPERTYLINE OF. JNIDEAL TRANSPORT INC (BOOK 13276 PAGE 215, CABARRUS COUNTY REGISTRY), S 43° 53' 15" WFOR AI DISTANCE OF 301.28 FEET TO A PIPE. THENCE, ALONG THE LINE OF LEWIS LEASING INC (BOOK 3563 PAGE 219 CABARRUS COUNTY REGISTRY) S 35° 15'1 16" W FOR A DISTANCE OF 308.53 FEET TO A REBAR. THENCE, S 090 22' 04" E FOR A DISTANCE OF 300.20 FEET TO A REBAR. THENCE, S24° 30'5 50" EF FOR. Al DISTANCE OF 214.83 FEET TOA20" OAKTREE. THENCE, N 62° 58' 00" E FOR A DISTANCE OF 438.45 FEET TO A REBAR. THENCE, ALONG THE WESTERN LINE OF GREG WISNIEWSKI (BOOK 6664 PAGE 30 CABARRUS COUNTY REGISTRY), S 29° 44' 45" E FOR A DISTANCE OF 53.85 FEET TO A REBAR. THENCE, ALONG THE WESTERN LINE OFI LES TROIS FILLES LLC (BOOK 12877 PAGE 50 CABARRUS COUNTY REGISTRY) S3 30° 33' 06" E FOR Al DISTANCE OF 160.43 FEET TO ASET SPIKE. THENCE, ALONG THE WESTERN LINE OF HH MORRISON INVESTMENTS LLC (BOOK 13245 PAGE 72 CABARRUS COUNTY REGISTRY)S 30°3 33'06"E EFORADISTANCE OF 81.84 FEETTOAREBAR. THENCE, ALONG THE WESTERNI LINE OF DSVL LLC (BOOK 13245F PAGE 246 CABARRUS COUNTY REGISTRY) S4 47° 07' 56" WI FOR. AI DISTANCE OF 72.50F FEETTO A REBAR. THENCE, S 080 56' 25" W FOR A DISTANCE OF 65.93 FEET TO A REBAR. THENCE, S 08° 55' 00" W FOR A DISTANCE OF 575.81 FEET TO A POINT IN CODDLE CREEK. THENCE, MEANDERING ALONG THE CENTERLINE OF THE CREEK THE FOLLOWING SEVENTEEN (17) COURSES AND DISTANCES: (1) N 83° 07' 57" W FOR A DISTANCE OF 264.72 FEET TO A POINT IN THE CREEK. (2) THENCE, S 87° 23'45'WFOR ADISTANCE OF 153.23FEETTOAP POINT IN THE CREEK. (3) THENCE, $21-4528-WFOR ADISTANCE OF 240.98 FEETTO) Al POINT IN THE CREEK. (4) THENCE, S 02° 36' 26"WFOR ADISTANCE OF 247.92 FEET TO APOINT: IN THE CREEK. (5) THENCE, S 29° 20' 02" WFOR AD DISTANCE OF 137. 49 FEET TO AF POINTI IN THE CREEK. (6) THENCE, N6 64° 46'34"WFOR AD DISTANCE OF 207. .45 FEETTOAF POINT IN THE CREEK. (7) THENCE, N8 80° 37' 12"WFOR AD DISTANCE OF 61. 39 FEET TO AF POINT IN THE CREEK. (8) THENCE, S76°3 38' 58" WFOR AD DISTANCE OF 140.62F FEETT TO AF POINT IN THE CREEK. (9) THENCE, S6 66° 48' 58"WFOR AI DISTANCE OF 228.5 .53 FEET TO AI POINT IN THE CREEK. (10) THENCE, S 80° 35' 38" W FOR/ AI DISTANCE OF 386.8 .84 FEETT TO. Al POINT IN THE CREEK. (11) THENCE, S72° 36'5 59" WI FOR A DISTANCE OF 232.67 FEET TO AF POINT IN THE CREEK. (12) THENCE, N 63° 59' 22") WF FOR. AI DISTANCE OF 212.01 FEET TO AF POINT IN THE CREEK. (13) THENCE, N 82° 28' 32" WI FOR AI DISTANCE OF 417.73 FEET TO A POINT IN THE CREEK. (14) THENCE, N 37° 07' 56" WF FOR/ AD DISTANCE OF 174. .83 FEETT TO. Al POINT IN THE CREEK. (15) THENCE, NO102 26'1 16"WFOR. ADISTANCE OF2 281.70FEETTO/ APOINT IN THE CREEK. (16) THENCE, N33°4 43'5 57"1 WFORA ADISTANCE OF1 111.86 FEETTOA! POINTI INTHE CREEK. (17) THENCE, N 45° 25' 03" WI FOR AI DISTANCE OF 107.16 FEET TO AI POINT IN THE CREEK. THENCE LEAVING CODDLE CREEK AND RUNNING ALONG THE EASTERN LINE OF PATTI JEANS CORZINE & KENNETH LEON STOUGH (BOOK 13651 PAGE 196 CABARRUS COUNTY REGISTRY), N6 63° 44' 05" E FOR Al DISTANCE OF 1173.90 FEET TO Al REBAR. THENCE N 44° 28' 23"EAI DISTANCE OF 1929.29 FEET TO THE POINT OF BEGINNING; CONTAINING 74.019 ACRES MORE OR LESS, BEING THE PROPERTY OF H H MORRISION INVESTMENTS LLC (BOOK 9823 PG 330 CABARRUS COUNTY REGISTRY). SECTION:2. Upon and after the gth day of December, 2021 the above-described territory and its citizens and property shalll be subject to all debts, laws, ordinances and regulations int forcei int the City of Concord and shall be entitled to the same privileges and benefits as other parts of the City of Concord. Said territory shall be subject to municipal taxes SECTION 3. The Mayor of the City of Concord shall cause to be recorded in the office of the Register of Deeds of Cabarrus County, and in the Office of the Secretary of State in Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the County Board of Elections, as required by G.S. 163-288.1. PARTICULARLYI DESCRIBED AS FOLLOWS: according to G.S. 160A-58.10. 10 SECTION 4. Notice of adoption of this ordinance shall be published once, following the effective date of annexation, in a newspaper having general circulation in the City of Concord. Adopted this gth day of December 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney Presentations of Petitions and Requests 1. Consider adopting resolution of intent to schedule a public hearing on the matter of closing the right-of-way of an unopened portion ofl Lucky Dr. The proposal includes the abandonment of the right-of-way for a portion of Lucky Drive that runs through the Red Hill Subdivision planned by Niblock Homes. Niblock Homes, LLC owns the land on both sides of the right of way to be abandoned. The General Statutes require that the City 1) post signs in two (2) places along the right-of-way, 2) send copies of the approved resolution of intent to all neighboring owners after adoption, and 3) advertise in the newspaper once a week for four (4) consecutive weeks. The notice requirement would allow the hearing to be conducted at the January 13, 2022 A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to adopt the following resolution of intent to set a public hearing for January 13, meeting. 2022-the vote: all aye. RESOLUTION OF INTENT WHEREAS, G.S. 160A-299 authorizes the City Council to close public streets and alleys; WHEREAS, the City Council considers it advisable to conduct a public hearing for the purpose of giving consideration to the closure of an unopened portion of Lucky Dr. NW and as more specifically set forth below: NOW, THEREFORE, BE IT RESOLVED by the City Council that: closure of Lucky Dr. NW the area described as follows: Ar meeting will be held at 6:00 p.m. on the 13th day of January, 2022 at the City Hall Council Chambers, 35 Cabarrus Ave. W, Concord, NC to consider a resolution on the Beginning at a calculated point said point being located on the southern right-of-way of Lucky Drive (40' Public RW), said point having NC Grid Coordinates of N611678.92: and E 1517230.18, said point also being located N 31°23'43" W 784.55 feet from NC Grid Control Point #1 (Grid Coordinates of N 611009.23 and E 1517638.89), said point being located N 53008'58" E8 8.90 feet from a %" rebar, said point also being a common corner with Lot #1, Westover Map No. 3 (Map Bk. 12, Pg. 38), thence with the southern right-of- way ofl Lucky Drive (40' Public RW) thei following nine (9) calls: (0N233310W11945 feet to al bent 5/8" rebar; (2) N 32°58'02" W 124.29 feet to a RR Spike; (3) N68-4817'W 394. 38 feet to a 5/8" rebar; (4) N 47°46'49" 'W209.63 feet to a 5/8" rebar; (5) N41°10'40" W 1025.73 feet to a 5/8" rebar; (6) N 78°57'28" W 82.86 feet to a 5/8" rebar; (7) N 89-2336'W39.091 feet to a 5/8" rebar; (8) S69°34'05" W244.661 feet to al bent 5/8" rebar; (9): S 66°20'30" W3 398.69 feet to a calculated point, said point being located 22°56'11"W 11 28.33 feet from a %" rebar; thence N 22°56'11" W 40.03 feet to a calculated point, said point being located ont the northern right-of-way ofl Lucky Dr (40' Public RWW); thence with the northern right-of-way of Lucky Dr. (40 Public RW) the following nine (9) calls: (1)N 66°24'53" E: 397.15 feet to a 5/8" rebar; (2) N6 69°28'21" E: 255.38 feet to a 5/8" rebar; (3) S8 89°08'00" E4 49.85 feet to a 5/8" rebar; (4) S78°49'10" E 100.04 feet to a 2" pipe; (5) S 41°13'02" E 1036.97 feet to a calçulated point; (6) S 47°46'49" E 199.90 feet to a calculated point; (7) S 68°48'17" E 399.89 feet to a calculated point; (8) S 32°58'02" E 140.51 feet to a calculated point; (9) S 23°33'10" E 122.12 feet to a calculated point; thence crossing said road S 65°33'36" W 40.01 feet to the POINT AND PLACE OF (1) The City Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks in The Independent Tribune or other newspaper of general (2) The City Clerk is further directed to transmit by registered or certified mail to each owner of property abutting upon that portion of said street a copy of this Resolution of (3) The City Clerk is further directed to cause adequate notices of this Resolution of Intent and the scheduled public hearing to be posted as required by G.S. 160A-299. BEGINNING and containing 2.438 acres. circulation int the area. Intent. Adopted this gth day of December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /sl William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk 2. Consider adopting an annexation agreement with the City of Midland. NC General Statute 160A-59.23 specifies that two or municipalities can enter into annexation agreements in order to designate agreed-upon areas for consideration of future annexations. The Statutes allow for these agreements to be valid for a period of Concord has annexation agreements in effect with Charlotte, HuntersVille, and all jurisdictions in Cabarrus County with the exception of Locust and Midland. Given the geographic proximity with Midland, iti is advisable to enter into such an agreement. City staff worked closely with Midland staff to craft an agreement that is consistent with The agreement is similar to the agreements that the City has approved previously. Most notable points include: 1. The agreement is proposed to be valid for the maximum permissible period of twenty (20) years; 2. If either City wishes to annex across the "dividing line", the annexing City must notify the other at least 60 days prior to the hearing; 3. The noticed party may waive their right to annex such property after approval of City Council, and the waiver must be in writing; and 4. No notice is required if annexations are proposed on either City's respective side of the "dividing line". The agreement was reviewed! by the City's Legal Department: and Midland proposes to approve the agreement Ar motion was made by Council Member King and seconded by Mayor Pro-Tem Crawford to adopt an annexation agreement with the City of Midland pursuant to GS 160A-59.23- Consider authorizing the City Manager to negotiate and execute a contract with Sealand Contractors in the amount of $11,464,038.74 to construct the Union up tot twenty (20) years. boundaries reflected ini the Central. Area Plan. at their December 14th Council meeting. the vote: all aye. 3. 12 Streetscape Improvements Projectand adoptattached budgetamendments for the The 2016 Downtown Master Plan identified the completion of a new Union Streetscape as a catalytic project for downtown Concord. In June 2019, City staff held a Streetscape Demonstration Project to gather public input and in October 2019, City Council approved the Conceptual Option #1 to extend the existing sidewalks to a full22ft. Following the RFQ process, the City awarded McGill Associates the Engineering Contract to complete Construction Documents for the project in March 2020. The project went out tol bidi in July 2021 with bids due in August and was rebid in September. The low bid was received from Sealand Contractors at $12.54M. Following extensive efforts by Engineering, the bid was value engineered and reduced to $11.46M including a $1M contingency. This brings the total project cost, including funds already spent, to 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 Sealand Contractors in the amount of $11,464,038.74 to construct the Union Streetscape Improvements Project and adopt the following budget amendments for the total project total projectfunding. $13,373,571.18. funding--the vote: all aye. ORD.#21-125 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, thei following accounts are hereby June 30, 2022, as amended; and accounts in the funds listed for the reason stated; amended as follows: Revenues Current Budget 8,312,716 Account 100- 4323100 Title 1% Local Gvt Opt Sls Tx Amended Budget 8,421,258 (Decrease) Increase 108,542 108,542 Total ExpensesExpendtures Current Budget 192,300 Amended (Decrease) Budget 300,842 Account 4190- 5987000 Title Transfer to Project Fund Increase 108,542 108,542 Total Reason: To appropriate excess sales tax revenue to project fund for streetscape costs. Adopted this 9th day of December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA 13 Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney ORD.#21-126 CAPITAL RESERVE FUND ORDINANCE BEI IT ORDAINEDI byt the City Council oft 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 projects and capital outlay that are listed in the Capital Improvement Plan Listing or the City's Operating Budget. Funds willl be accumulated until sucht time the City Council designates the funds for projects. The General Fund will serve as the funding source for the Capital Reserve Fund upon City Council approval and withdrawals must be approved by City SECTION 2. The City Manager is hereby authorized to proceed with the implementation SECTION 3.The following revenues are anticipated to be avalablelexpenditures anticipated to be expended to the City of Concord for this fund & the following amounts Capital Reserve Fund ordinance is hereby adopted/amended: Council through an ordinance. and amendments of the fund. are appropriated for the project: Fund 285 General Capital Reserve Fund Amended Budget Budget Inc (Dec) $1,155,806 285-4361000 Investment 285-4361000 Earnings $1,168,055 $2,323,861 8150- 5987000 8150- 5987000 To Capital Projects $7,317,846 $8,473,652 $1,155,806 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 thel Local Government Budget and Fiscal Control Act SECTION5. Within five (5) days after adopted, copies of this capital reserve fund amendmentsladoption shall be filed with the City Manager, Finance Director, and City SECTION6 6. The Finance Director is directed to report on the financial status of this fund ina accordance witht 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 9th day of of the State of North Carolina. Clerk for direction in carrying out the purpose of this fund. unusual occurrences. December, 2021. CITY COUNCIL 14 CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney ORD.#21-127 CAPITAL PROJECT ORDINANCE General Capital Projects BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The projects authorized are General Capital Projects for Streetscape. SECTION:2. The City Manageri is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. The following revenues are anticipated to be available to the City of project ordinance is hereby ordained: projects. Concord for the project: Revenues (Decrease Current Amended Budget Budget Increase 2,669,272 2,777,814 108,542 1,122,467 1,771,829 649,362 184,182 250,427 Account 430-4501285 430-4501100 430-4501100 From General Fund 430-4501610 430-4501610 From Electric 430-4501620 430-4501620 From Water 430-4501640 430-4501640 From Sewer Title 430-4501285 From Gen Cap Reserve 6,853,362 8,009,168 1,155,806 26,826 329,586 302,760 66,245 2,282,715 Total SECTION4. The following amounts are appropriated for the project: ExpensesExpenditures Current Amended (Decrease) Account 8804-5811082 8804-5811082 Future Projects 8804-5811272 8804-5811272 Streetscape Title Budget 293,806 8,118,122 Budget Increase 0 10,694,64 3 (293,806) 2,576,521 2,282,715 Total SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the State of North Carolina. 15 SECTION 6. Within five (5) days after adopted, copies of this project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of out this project. Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney ORD.#21-128 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, the following accounts are hereby June 30, 2022, as amended; and accounts ini thet funds listedi for the reason stated; amended as follows: Revenues Current Budget 104,365 4,427,251 1,448,018 Account 640- 4406000 620- 4406000 610- 4406000 Title Retained Earnings-Sewer Retained Earnings-Water Retained Earnings-Electric Amended Budget 170,610 5,076,613 1,750,778 (Decrease) Increase 66,245 649,362 302,760 1,018,367 Total ExpensesExpendtures Current Budget Amended Budget 1,844,375 4,106,221 322,260 (Decrease) Increase 66,245 649,362 302,760 1,018,367 Account Title 7420-5987000 Transfer to Project Fund 1,778,130 7340-5987000 Transfer to Project Fund 3,456,859 7200-5987000 Transfer to Project Fund 19,500 Total 16 Reason: Appropriate utility fund reserves for transfer to streetscape project. Adopted this 9th day of December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 4. of $60,000. Consider authorizing the City Manager to negotiate and execute a contract with Todd Bressi, as the Concord Public Art Master Plan consultant, in the amount The City of Concord Public Art Committee recommended nominee firm, Todd Bressi, Public Art Planning Consultant and his partners, Amina Cooper and Maya Curtis, for approval by City Council, to conduct and lead the City in a Public Art Master Planning process and to craft a resulting Master Plan. Contract would begin in December, 2021 A motion was made by Council Member Langford and seconded by Council Member Sweat to authorize the City Manager to negotiate and execute a contract with Todd Bressi, as the Concord Public Art Master Plan consultant, in the amount of $60,000--the 5. Consider approving the Master Plan and Conceptual Design for the existing 21.45 acre Hartsell Park located at 60 Hartsell School Road, 65 Sunderland Road, The Parks and Recreation Department presented a master plan and conceptual drawing for the 21.45-acre property, which includes Hartsell Recreation Center, Hartsell Ballfield Complex, and Hartsell Park. The park currently consists of the Hartsell Recreation Center, one large and two smaller baseball diamonds, pickleball courts, one outdoor basketball court, one reservable shelter with a playground, restroom, volleyball and open space areas, and three (3) separated parking areas off of Swink Street/Hartsell School Road, The recreation center was recently updated in 2016, and a new playground installed in 2019, but the park has aged facilities and lacks pedestrian accessibility between the new elements. Parks and Recreation is seeking to create a new vision for the park, which first and foremost connects all park elements to each other, prioritizes renovations and new amenities and features, and considers appropriate phasing for park development over the City staff secured public input online, and received over 200 participants, 2,184 responses, and 117 comments. Staff will share the results of the public input, and A motion was made by Council Member Stocks and seconded by Council Member Parsley-Hubbard to approve and adopt the Master Plan and Conceptual Design for the Consider approving the acquisition of three properties along Three-mile Branch and Branchview Drive (PIN's 5621-75-3779, 5621-76-1858, 5621-67-9186) from Samuel Franklin Davis for future development of McEachern Greenway. with intended termination date of October 30, 2022. vote: all aye. and 30 Swink Street. Old Charlotte Road, and Sunderland Road. next 51 to 10 years. recommended strategies and phasing for the park development. existing 21.45 acre Hartsell Park-the vote: all aye. 6. 17 The parcels under consideration for acquisition (PIN's 5621-75-3779, 5621-76-1858, 5621-67-9186) would be developed as part of an extension to the McEachern Greenway, a critical linkage between the existing greenway, the David Phillips Activity Center, and Atrium Health. A new survey and appraisal have been completed for all three parcels. The total cost for acquisition of the 3.454 acres, including due diligence, is $64,215. A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to approve the acquisition of three properties along Three-mile Branch and Branchview Drive (PIN's 5621-75-3779, 5621-76-1858, 5621-67-9186) from Samuel Franklin Davis for future development of McEachern Greenway for a total of $64,215, which 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 approved property purchases--the vote: all aye. ORD.#21-129 PARKS & CAPITAL RESERVE FUND ORDINANCE AMENDED BEI IT ORDAINED by 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 will be accumulated until such time the City Council designates the 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 SECTION 2.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 SECTION 3.The following revenues & expenditures are anticipated to be available toi the Capital Reserve Fund ordinance is hereby amended: approved by City Council through an ordinance. for the projects. City of Concord for this fund: Account 8100-5987000 Transfer to Project 8100-5987000 Fund 8100-5811082 8100-5811082 Future Projects Current Budget $698,490 $2,067,192 Amended (Decrease) Title Budget $762,705 Increase $64,215 $2,002,977 (64,215) 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 amendmentsladopton 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 ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of of the State of North Carolina. Clerk for direction in carrying out the purpose of this fund. unusual occurrences. December, 2021. 18 CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ Valerie Kolczynski, City Attorney ORD.#21-130 CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Proyects-McEachem, 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 SECTION 1. The projects authorized are the projects included for the McEachern- SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and SECTION 3. The following revenues are anticipated to be available to the City of following project ordinance is hereby adopted/amended: Hospital Phase Greenway. specifications for the projects. Concord for the completion of the projects: Revenues Current Amende (Decrease Budget dBudget ) Increase Account 420-501280 Title $921,34 6 420-501280 Transfer from P&R Reserve $985,561 $64,215 $64,215 SECTION 4.The following amounts are appropriated for the project: ExpenseslExpendtures Current Amende (Decrease Budget d Budget ) Increase Account 8300- 811018 8300- 811018 Title $881,30 0 McEachem-Hospital Phase $945,515 $64,215 Total $64,215 SECTION 5.Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget SECTION 6.Within five (5) 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 and Fiscal Control Act oft the State of North Carolina. carrying out this project. Manager any unusual occurrences. 19 Duly adopted by the City Council of the City of Concord, North Carolina this 9th day December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney 7. Consider approving the acquisition of 5 parcels (PIN's 5620-73-5202-0000, 5620-73-6142-0000, 5620-73-5069-0000, 5620,73-3239-0000, and 5620-72-4958-0000 total of2.443 acres) located near Caldwell Park and Melrose Drive SW along Irish Buffalo Creek, Caldwell Park and Melrose Drive in the amount of $47,250 from The 5 parcels under consideration for acquisition total 2.443 acres and would be developed as part oft the Irish Buffalo Creek Greenway and the neighborhood connection from Melrose Drive to the greenway and Caldwell Park. The property is located adjacent to Caldwell Park and will assist the need for a pedestrian bridge to get to the west side of Irish Buffalo Creek for the greenway to continue upstream with less impact to citizens The Irish Buffalo Creek greenway corridor is a key priority and a main spine for the Carolina Thread Trail (CTT). Once staffi is able to get complete site control for this section of the greenway it could add approximately 1.49 miles of greenway trails. Amotion was made by Council Member King and seconded by Council Member Parsley- Hubbard to approve the acquisition of 5 parcels (PIN's 5620-73-5202-0000, 5620-73- 6142-0000, 5620-73-5069-0000, 5620,73-3239-0000, and 5620-72-4958-0000 total of 2.443acres) located near Caldwell Park and Melrose Drive SWalong Irish Buffalo Creek, Caldwell Park and Melrose Drive in the amount of $47,250 from Gerald Batts heirs, Dante Rogers, and Sherrie Rogers and to adopt the following budget ordinances to amend the Parks and Recreation Capital Reserve Fund and Recreation Capital Project Fund to complete transfers for approved property purchases, including due diligence, for Gerald Batts heirs, Dante Rogers, and Sherrie Rogers. and personal property. at total of $57,225-the vote: all aye. ORD.#21-132 CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Irish Buffalo Creek Greenway BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the SECTION 1. The projects authorized are the projects included for the Irish Buffalo SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and SECTION3. The following revenues are anticipated to be available to the City of following project ordinance is hereby adopted/amended: Creek Greenway. specifications for the projects. Concord for the completion of the projects: Revenues 20 (Decrease Current Amended Budget $1,237,71 $1,294,94 6 Account 420-450128C 420- 4501280 SECTION4. Title Budget Increase Transfer from P&R Reserve 1 $57,225 $57,225 The following amounts are appropriated for the project: ExpensesExpendtures Current Amended (Decrease) Budget Budget Increase $141,255 $198,480 $57,225 Account 8300-5811055 Title 8300-5811055 Irish Buffalo Creek Total $57,225 SECTION5. Accounting records are to be maintained by the Finance Department oft the City of Concord in such manner as (1) to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget 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 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 City Duly adopted by the City Council of the City of Concord, North Carolina this 9th day and Fiscal Control Act of the State of North Carolina. direction in carrying out this project. Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 8. Consider authorizing the Parks and Recreation Department to submit an application for Federal Congestion, Mitigation and Air Quality (CMAQ) Funding for Phase 1 of the Clarke Creek Greenway, the first phase of the Cox Mill Loop. Clarke Creek Greenway provides significant connectivity benefits for residents in Highland Creek, Winding Walk, Alien Mills and Christenbury neighborhoods to the future Jim Ramseur Park, Cox Mill Elementary School, and Cox Mill High School. This project will include the bridge connection, as well as about 1 to 1.5 miles of new greenway trail. Itis a high priority identified in the adopted City of Concord Open Space Connectivity Analysis. Funding has been identified in the City CIP process for design of the greenway inFY22, and CMAQ projects typically require at least a 20% local match for construction. $1,515,158 is available this year according to the Cabarrus-Rowan MPO, which is the The required match would be $303,032, which has been identified as part of the FY23 CIP process. The application is to NCDOT and will go through the Cabarrus-Rowan maximum amount of funding the City can apply for. 21 MPO. The Congestion Mitigation and Air Quality Program began with the passage of the These amendments require measures to reduce vehicle emissions in non-attainment areas, which are urban environments that do not meet those emission standards, including the Charoie-Mecklenburg Metropolitan Region. Bicycle and Pedestrian Projects are eligible for CMAQ funding ift they directly reduce the number of vehicular trips toa destination and divert said trips to non-motorized modes. The application will provide calculations for reductions in Carbon Monoxide (CO), particulate matter, Nitrogen Oxide A motion was made by Council Member Parsley-Hubbard and seconded by Council Member King to authorize the Parks and Recreation Department to submit an application for Federal Congestion, Mitigation and Air Quality (CMAQ) Funding for Phase 1 of the Clarke Creek Greenway to NCDOT through the Cabarrus-Rowan Metropolitan Planning Consider authorizing the City Manager to negotiate and execute a contract with Ike's Construction, Inc for the construction of a pedestrian path between Swink St. SW and the Bill Stafford Picnic Shelter to provide connectivity between The project involves the construction of Hartsell Recreation Center Connector, a 1,456' longx 10' wide pedestrian path, that will connect the Swink St SW baseball fields and the The project was bid under the informal bidding process. Bids were taken on November 22, 2021. Two (2) bids were received and Ike's Construction, Inc was the low bid in the amount of $243,487.20. The original project consisted of connectivity between the Hartsell Ballfields and Hartsell Park. Working with Transportation on connectivity, the connection to Swink St. SW was added as ap part of the connectivity plan and master plan The original budget was $80,000; the additional funding source for the difference between the budget and actual project cost will come from reallocation of funds from the P&R Ar motion was made by Council Member King and seconded by Council Member Sweat toa authorize the City Manager to negotiate and execute a contract with Ike's Construction, Inc. in the amount of $243,487.20 for the Hartsell Recreation Center connector, and to adopt the following Park & Recreation Project amendment to allocate additional funds in the amount of $164,488 from the P&R Connectivity Plan-the vote: all aye. Clean Air Act/ Amendments by the US Congress in 1990. (NOx), and Volatile Organic Compounds (VOC). Organization (CRMPO)-the vote: all aye. 9. Hartsell Recreation Center Complex and Hartsell Park. Bill Stafford Picnic Shelter within the Recreation Center Complex. process. Connectivity Plan of $164,488. ORD.#21-133 CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Hartsell Park Improvements 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. Park Improvements. SECTION:2. SECTION3. SECTION4 4. The projects authorized are the projects included for the Hartsell The City Manager is hereby authorized to proceed with the The following revenues are anticipated to be available to the City The following amounts are appropriated for the project: implementation and amendments of the projects within the terms of the plans and specifications for the projects. of Concord for the completion of the projects: ExpensesExpenditures 22 Current Amended (Decrease) $85,000 $249,488 $164,488 $350,000 $185,512 ($164,488) Account 8300-5811057 8300-5811098 SECTION 5. Title Budget Budget Increase 8300-5811057 Hartsell Park Improvements 8300-5811098 P&R Connectivity Plan 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 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 Control Act of the State of North Carolina. ordinance shall be filed with the City Manager, Finance Director, and City Clerk for this project in accordance with the existing City policy, and shall also report to the Duly adopted by the City Council of the City of Concord, North Carolina this 9th day SECTION6. SECTION7. Within five (5) days after adoption, copies of this capital projects The Finance Director is directed to report on the financial status of direction in carrying out this project. City Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 10. Considerapproving the updated Concord and Kannapolis Rider TransitJoint The joint interlocal agreement between Concord and Kannapolis for the operation and administration of Rider Transit was last updated in 2008. The proposed changes in this update include: 1) wording and reference updates to reflect current titles, practices, and duties; 2) removed term limits from CKTC member positions; 3) clarified what constitutes ac quorum and who can vote; 4) incorporated CCX cost sharing into this document; and 5) removed the Community Advisory Committee until a future date when the merger of Rider Transit and CCTS is completed. This update toi the Concord and Kannapolis Rider Transit Joint Interlocal Agreement was approved by the Concord Kannapolis Transit A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to approve this updated Rider Transit Interlocal Agreement--the vote: all 11. Consider authorizing the City Manager to sign a contract with Gillig LLC utilizing the Piedmont Authority for Regional Transportation (PART) consortium contract for the purchase of one (1) new 35' heavy duty hybrid electric diesel replacement bus for the Rider system and approve a project ordinance Interlocal Agreement. Commission at their October 13, 2021 meeting. aye. amendment. 23 Concord is a member of the PART consortium bus procurement contract that was established in 2020 for heavy duty 35' and 40' diesel and hybrid diesel electric buses. Rider Transit is seeking top purchase one (1) heavy-duty 35' hybrid bus using this contract tor replace one of our existing buses that has met its FTA designated useful life. In August, Rider Transit was awarded a Surface Transportation Block Grant from the Cabarrus Rowan MPO specifically for the purpose securing this replacement bus, which has a current cost of $767,849. Those funds ($602,000) will cover 78.40% of the cost of this vehicle. The remaining 21.60% ($165,849) will be split 50/50 between Concord and A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to authorize the City Manager to sign a contract with Gillig LLC utilizing with a not to exceed maximum cost of $767,849 and adopt the following project ordinance Kannapolis ($82,924.50 each). amendment-the vote: all aye. ORD.#21-134 CAPITAL PROJECT ORDINANCE AMENDMENT BE IT ORDAINED byt 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, the following grant SECTION 1. The projects authorized and amended are the projects included for CK SECTION2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION3. The following revenues are anticipated to be available to the City of Concord project ordinance is hereby amended: Rider Transit System. projects. fort the completion of the projects: Revenues Title Current Budget 12,898,638 4,538,568 Amended (Decrease) Budget 13,500,638 4,704,417 Account 630-4357300 630-4357300 Federal Aid 630-4337000 630-4337000 Local Shared Revenue Increase 602,000 165,849 767,849 SECTION 4. The following amounts are appropriated for the project: Exp. Account 7690-5540000 Current Budget 0 Amended Budget 767,849 (Decrease) Increase 767,849 767,849 Title 7690-5540000 Vehicles - Capital SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the project agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION6 6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Control Act of the State of North Carolina. carrying out this project. 24 Manager any unusual occurrences. Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney 12. Consider authorizing the City Manager to negotiate an addendum to the contract with MetCon Inc. for design build services for the Electric Operations Metcon Inc. is currently under contract for pre-construction services and site grading as related to the design and construction of the new Electric Operations Center. Building plans were developed and submitted tot the City for review and were granted approval for Metcon staff developed bid specifications and accepted bids for all materials and sub- contractor efforts needed to complete construction of the building. Metcon compiled all the costs and formulated a guaranteed maximum price (GMP) of $20,714,966 for completion of the Operations Center. The GMP will cover all materials and labor Anticipated completion is set for December 2022. Funding for completion of the building will come from existing project fund balance and requested Capital Project Ordinance A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to authorize the City Manager to negotiate and execute a GMP addendum to the contract with MetCon Inc. for building construction int the amount of $20,714,966 and toa adopt thet following Capital Project Ordinances int the amoumtais50,40814-tme vote: Center and approval of Capital Project Ordinances. permitting. necessary to complete the structure. transfer from capital reserve funds in the amount of $10,140,814. all aye. ORD.#21-135 CAPITAL PROJECT ORDINANCE Utility Project Reserves BEI ITORDAINEDI by the City Council oft the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1.The project authorized and amended is electric project reserves. SECTION 2.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 listedi int the Capital Improvement Plan listing ort the City's Operating Budget. Funds will be accumulated until such time the City Council designates the funds for projects. The ElecdhneWaterWastewater Funds will serve as the funding source for the Utility Capital Reserve Fund upon City Council approval and withdrawals must be SECTION 3. The following revenueslexpenaitures 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: 25 Current Budget Amended (Decrease) Account 8120-5987000 8120-5811081 Title Budget Increase 8120-5987000 Transfer to Project 8120-5811081 Future Elec Projects $23,080,276 $33,136,062 $10,055,786 $20,404,092 $10,348,306 $(10,055,786) SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide ail 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 9th day of Control Act of the State of North Carolina. carrying out this project. Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney ORD.#21-136 CAPITAL PROJECT ORDINANCE Electric Project-Electric Operations Center BE IT ORDAINED byt the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following SECTION 1. The project authorized and amended is Electric Operations Center. 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 evenueslexpenditures are anticipated to be available to the project ordinance is hereby ordained: projects. City of Concord for the project: Account Title 473-4501282 Current Budget Amended Budget (Decrease) Increase $10,055,786 473-4501282 Transfer fm Util Cap Res $25,329,225 $35,385,011 26 6949-5801174 Electric Operations Cntr $19,412,500 $29,468,286 6949-5801174 $10,055,786 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 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 SECTION6. The Finance Directori is directed to report on thet financial status of this project ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of Control Act oft the State of North Carolina. carrying out this project. unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney 13. Consider authorizing the execution of the Interlocal Wastewater Capacity The interlocal agreement establishes the policy for wastewater allocation from WSACC to the four (4) municipalities. Cabarrus County is also a party to the agreement. The agreement has been approved by the WSACC Board as well as the County and the other A motion was made by Council Member Parsley-Hubbard and seconded by Mayor Pro- Tem Crawford to authorize the execution of the InterlocalWastewater Capacity Allocation Allocation Agreement. three (3) municipalities. Agreement--the vote: all aye. 14. Consider adopting the Sewer Allocation Policy. The policy will set forth the sewer allocation process for development moving forward. A motion was made by Council Member Langford and seconded by Mayor Pro-Tem Crawford to adopt the policy. Discussion followed the motion to adopt. Council Member Parsley-Hubbard stated, in her opinion, additional discussion needed to be held before adopting the proposed Policy. Council Member McKenzie agreed. Therefore, Council Member Langford and Mayor Pro-Tem Crawford withdrew their motion and second. 27 Amotion was then made by Council Member Parsley-Hubbard: ands seconded by Council Member Sweat to continue this request until the 2nd City Council Work Session to be 15. Consider authorizing the City Manager to enter into an agreement with the Town of Midland for sewer allocation to the Rocky River Regional Wastewater The City has entered into ani interlocal agreement with the Water and Sewer Authority of Cabarrus County (WSACC) concerning wastewater capacity allocation tot thel Rocky River Regional Wastewater Treatment Plant (RRRWTP). The Town of Midland is not ar member jurisdiction ofWSACC since ito does not own or operate the wastewater collection system. There is an area within Midland's jurisdiction that drains to the RRRWTP, therefore, itis necessary to enter into an agreement, as requested by the Town of Midland, to allocate Amotion was made by Council Member King and seconded by Council Member Parsley- Hubbard to authorize the City Manager to enter into an agreement with the Town of Midland for sewer allocation to the Rocky River Regional Wastewater Treatment Plant, held December: 21, 2021--the vote: all aye. Treatment Plant. capacity to Midland. as requested by the Town of Midland--the vote: all aye. 16. Consider al Preliminary Application from Hugh Morrison. In accordance with City Code Chapter 62, Hugh Morrison has submitted a preliminary application to receive water service outside the City limits. The property is located at 4862 Stough Road and total areai is approximately 74 acres. The applicant proposes to develop with a trailer storage operation. The current zoning is county industrial (LI). A septic system is proposed for use since sewer will be over 200 feet from the proposed The annexation request was approved. Therefore, no action was needed on this item. 17. Consider appointing or reappointing two members (1 board member and 1 alternate) to serve on the Centralina Regional Council Board of Delegates for CY The Centralina Regional Council Board of Delegates is comprised ofe elected officials from the counties and municipalities throughout the region. Each member government should appoint an elected official to serve on the Board of Delegates. It is suggested that each member government also appoint at least one other elected official to serve as an Alternate to attend Board of Delegates meetings in the Delegate's absence. Currently, Council Member Langford serves as the appointed member and Council Member Sweat A motion was made by Council Member Parsley-Hubbard and seconded by Council Member Sweat to reappoint Council Member Langford as the appointed delegate and to appoint Mayor Pro-Tem Crawford as the alternate delegate for CY 2022-the vote: all 18. Consider making appointments or reappointments to the Transportation Advisory Committee (TAC) and the Technical Coordinating Committee (TCC) of the Cabarrus-Rowan Urban Area Metropolitan Planning Organization (CRMPO). Each year, the North Carolina Department of Transportation (NCDOT) requires the MPO tos supply al list of current TAC: and TCC representatives and alternates. Currently, Council Member McKenzie serves as the appointed member to the TAC and Mayor Pro-Tem Crawford serves as the alternate. Transportation Director, Phillip Graham, serves as the appointed member to the TCC and Assistant City Manager, LeDerick Blackburn, serves Ar motion was made by Council Member King and seconded by Council Member Parsley- Hubbard to reappoint Council Member McKenzie as the appointed member and Mayor Pro-Tem Crawford as the alternate to the Transportation. Advisory Committee (TAC)--the development. 2022. serves as the alternate. aye. as the alternate. vote: all aye. 28 A motion was made by Council Member McKenzie and seconded by Mayor Pro-Tem Crawford to reappointTanspontation Director, Phillip Graham, as the appointed member and Assistant City Manager, LeDerick Blackburn, as the alternate to the Technical 19. Consider making an appointment to the ConcordlKannapols Transit Currently, two Council Members are appointed to the Commission. Council Member Small is retiring, thus creating a vacancy. An appointment of a City Council Member should be made toi fill the unexpired term of Council Member Small which ends 12/31/23. Ar motion was made by Council Member Sweat and seconded by Council Member Parsley-Hubbard to appoint Council Member Stocks to fill the unexpired term left by 20. Consider making an appointment to the Public Art Advisory Committee. Currently, two Council Members are appointed tot the Committee. Council Member Small isr retiring, thus creating a vacancy. An appointment of a City Council Member should be A motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Sweat to appoint Council Member Stocks to fill the vacancy left by retiring Council Coordinating Committee (TCC)--the vote: all aye. Commission. retiring Council Member Small until 12/31/23--the vote: all aye. made toi fillt the vacancy. Member Small-the vote: all aye. Consent Agenda: The consent agenda items were presented for the Council's consideration. Ar motion was made by Mayor Pro-Tem Crawford and seconded by Council Member Parsley-Hubbard to approve the following consent agenda items-the vote: all aye. Thel Police Department was authorized to apply for thel FY2022 North Carolina Governor's Crime Commission Justice Assistance Grant through the US Department of Justice CONSENT AGENDA ITEM A Programs, Bureau of. Justice Assistance. CONSENT AGENDAI ITEMB City of Concord was accepted. CONSENT AGENDA ITEM C The donation of an enclosed trailer and supplies from Cabarrus Events Association to the The maintenance agreement was approved and the offer of dedication was accepted on thet following property: Parkwood Baptist Church. CONSENT AGENDA ITEMD The offer of infrastructure acceptance in the following subdivisions and sites was approved: Poplar Cove Subdivision, The Mills at Rocky River PH 2C Map 1 and Map 2, Park' View Estates Subdivision PH 1 and PH2. CONSENT AGENDA ITEME The following ordinances were adopted to amend the Parks and Recreation Capital Reserve Fund and Recreation Capital ProjectFundi to complete transfers for a permanent easement, including due diligences, for $65,020. ORD.#21-137 PARKS & CAPITAL RESERVE FUND ORDINANCE 29 AMENDED BEI IT ORDAINED by the City Council oft 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 will be accumulated until such time the City Council designates the 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 SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projectprojects within the terms of the plans and specifications SECTION 3. The following revenues & expenditures are anticipated tol be available toi the Capital Reserve Fund ordinance is hereby amended: approved by City Council through an ordinance. for the projects. City of Concord for this fund: Account 8100-5987000 Transfer to Project 8100-5987000 Fund 8100-5811082 8100-5811082 Future Projects Current Budget $1,072,085 $1,693,597 Amended (Decrease) $1,137,105 $65,020 $1,628,577 $(65,020) Title Budget Increase 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 ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of of the State of North Carolina. Clerk for direction in carrying out the purpose of this fund. unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney ORD.#21-138 30 CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Coddle Creek Greenway BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the SECTION 1.The projects authorized are the projects included for the Coddle Creek SECTION 2.The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and SECTION 3.The following revenues are anticipated to be available to the City of following project ordinance is hereby adopted/amended: Greenway. specifications fort the projects. Concord for the completion of the projects: Revenues Current Amended (Decrease) Budget Budget 294,941 $1,294,941 $65,020 Account 420-4501280 Title Increase $65,020 $1, 420-4501280 Transfer from P&R Reserve SECTION4. Thei following amounts are appropriated fort the project: ExpenseslExpendures Current Amended (Decrease) Budget Budget $679,800 $198,480 Account 8300-5811093 Title Increase $65,020 $65,020 8300-5811093 Coddle Creek Greenway Total SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the project agreement and other agreements executed or tol be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget SECTION 6. Within five (5) days after adoption, copies of this capital projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy, and shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this 9th day and Fiscal Control Act of the State of North Carolina. direction in carrying out this project. Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /sl Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMF 31 The following ordinance was adopted to amend the Parks and Recreation Future Projects Fund and the HH Greenway- Cannon Crossing Project Fund. ORD.#21-139 CAPITAL PROJECT ORDINANCE AMENDMENT Parks & Recreation Projects-Hector Henry-Cannon Crossing BE IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159of the General Statutes of North Carolina, the following project ordinance is hereby adopted/amended: SECTION 1. SECTION2. SECTION: 3. SECTION4. The projects authorized are the projects included for the HHH- The City Manager is hereby authorized to proceed with the The following revenues are anticipated to be available to the City The following amounts are appropriated for the project: Mills at Rocky River Greenway. specifications for the projects. implementation and amendments of the projects within the terms of the plans and of Concord for the completion of the projects: ExpenseslExpendtures Current Amended (Decrease) Budget $245,870 $248,051 Account 8300-5811019 8300-5811068 SECTION 5. Title Budget Increase 8300-5811019 HH-Cannon Crossing 8300-5811068 Future Projects $2,181 $0 $320,208 $318,027 ($2,181) Total 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 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 Duly adopted by the City Council of the City of Concord, North Carolina this 9th day SECTION6. Within five (5) days after adoption, copies of this capital projects direction in carrying out this project. City Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: /s/ Kim Deason, City Clerk /s/ VaLerie Kolczynski, City Attorney 32 CONSENT AGENDA ITEM G The following American Rescue Plan Fund grant project budget amendment was adopted to appropriate funds for an HR COVID Management System. ORD#21-140 GRANT PROJECT ORDINANCE American Rescue Plan Fund BEI IT ORDAINED by the City Council of the City of Concord, North Carolina that pursuant to Section 13.2 Chapter 159 of the General Statutes of North Carolina, the following grant SECTION 1. The project authorized is various projects funded by the American Rescue SECTION:2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION3. Thei following revenues are anticipated to be available to the City of Concord project ordinance is hereby amended: Plan Funds. projects. for the completion of the projects: Revenues Current Amended (Decrease) Account Title Budget Budget Increase SECTION 4. The following amounts are appropriated for the project: Expenseslxpendtures Current Amended (Decrease) Account Title Future Projects Budget 0 Budget 30,625 Increase (30,625) 30,625 $0 3300-5811082 HR COVID Mgmt. 3300-5839000 System 14,807,872 14,777,247 Total SECTION 5. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1) to provide all information required by the grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal SECTION 6. Within five (5) days after adoption, copies of this grant's projects ordinance shall be filed with the City Manager, Finance Director, and City Clerk for direction in SECTION 7. The Finance Director is directed to report on the financial status of this project in accordance with the existing City policy. She shall also report to the City Duly adopted by the City Council of the City of Concord, North Carolina this gth day of Control Act of the State of North Carolina. carrying out this project. Manager any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk 33 Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMH The following ordinances were adopted to amend the General Capital Reserve Fund budget and the General Capital Project Fund budget for a transfer of capital reserves to the project fund for the Solid Waste Department. ORD.#21-141 CAPITAL PROJECT ORDINANCE General Capital Projects BEI 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 SECTION 1. The projects authorized are General Capital Projects for Equipment- SECTION'2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION 3. The following revenues are anticipated to be available to the City of ordinance is hereby ordained: Capital. projects. Concord for the project: Revenues Current Amended (Decrease) Account 430-4501285 Title Budget Budget Increase 2,605,442 430-4501285 From Gen Cap Reserve 4,447,920 7,053,362 2,605,442 SECTION4 4. The following amounts are appropriated for the project: Total ExpenseslExpendtures Current Amended (Decrease) Account 8800-5550000 8800-5550000 SECTION5. Title Equipment- - Capital Budget Budget 0 Increase 2,605,442 2,605,442 2,605,442 Total 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 be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out project in accordance with the existing City policy. She shall also report to the City Manager Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of Control Act of the State of North Carolina. SECTION6. this project. SECTION7. Within five (5) days after adopted, copies of this project amendment shall The Finance Director is directed to report on the financial status of this any unusual occurrences. December, 2021. CITY COUNCIL 34 CITY OF CONCORD NORTH CAROLINA /s/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney ORD.#21-142 CAPITAL RESERVE FUND ORDINANCE BEI IT ORDAINED by 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 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 General Fund will serve as the funding source for the Capital Reserve Fund upon City Council approval and withdrawals must be approved by City SECTION2. The City Manager is hereby authorized to proceed with the implementation SECTION3. The following revenues are anticipated to be avalabie/expenditures anticipated to be expended to the City of Concord for this fund & the following amounts Capital Reserve Fund ordinance is hereby adopted/amended: Council through an ordinance. and amendments of the fund. are appropriated for the project: Fund 285 General Capital Reserve Fund Amended Budget Budget Inc (Dec) $2,605,442 ($2,605,442) 8150-5987000 8150-5811082 8150-5987000 To Project Fund $4,712,404 $7,317,846 8150-5811082 Future Projects $21,393,829 $18,788,387 SECTION 4. Accounting records are to be maintained by the Finance Department of the City of Concord in such manner as (1)t 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 Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of of the State of North Carolina. Clerk for direction in carrying out the purpose of this fund. any unusual occurrences. December, 2021. CITY COUNCIL CITY OF CONCORD NORTH CAROLINA 35 Is/ William C. Dusch, Mayor ATTEST: Is/ Kim Deason, City Clerk Is/ VaLerie Kolczynski, City Attorney CONSENT AGENDA ITEMI transfers for FYE 2021. CONSENT AGENDA ITEMJ for West Concord Expansion. The following General Capital Reserve Project ordinance was adopted to close completed The following General Capital Projects fund ordinance was adopted to clean up amounts ORD.#21-144 CAPITAL PROJECT ORDINANCE General Capital 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 SECTION 1. The projects authorized are General Capital Projects for West Concord SECTION 2. The City Manager is hereby authorized to proceed with the implementation and amendments of the projects within the terms of the plans and specifications for the SECTION: 3. The following revenues are anticipated to be available to the City of ordinance is hereby ordained: Expansion. projects. Concord for the project: Revenues Current Amended (Decrease) Account SECTION4. Title Budget Budget Increase Total The following amounts are appropriated for the project: ExpensesExpendtures Current Amended (Decrease) Account 8804-5811267 8804-5811286 Title Budget 40,000 50,000 Budget 90,000 0 Increase 50,000 (50,000) 0 8804-5811267 WC Concord Expansion 8804-5811286 W Concord Cem MP Total 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 grant agreement and other agreements executed or to be executed with the various parties involved with the project; and (2) to comply with the Local Government Budget and Fiscal Control Act of the State of North Carolina. 36 SECTION6. Within five (5) days after adopted, copies of this project amendment shall be filed with the City Manager, Finance Director, and City Clerk for direction in carrying out this SECTION7. The Finance Director is directed to report ont thei financial status of this project ina accordance with the existing City policy. She shall also report to the City Manager any Duly adopted by the City Council of the City of Concord, North Carolina this 9th day of project. unusual occurrences. December, 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 ITEMK An amendment to Article 8.16, Outside Employment Policy in the City's Personnel Policies and Procedures manual was approved. CONSENT AGENDA ITEML The addition of the: Electric Systems Operations Manager (Grade 113) with a salary range of $77,478.48 (minimum) -$102,659.00 midpoinp.-S127.83949 (maximum) was approved. CONSENT AGENDA ITEM M The addition of the Logistics Officer :: (Grade F2) with a salary range of $43,315.17 (minimum) $55,226.84 (midpoint) $67,285.70 (maximum) was approved. The Tax Office collection reports for the month of October 2021 were accepted. The Tax releases/refunds' for the month of October 2021 were approved. The monthly report on investments as of October 31. 2021 was received. CONSENT AGENDA ITEMN CONSENT AGENDA ITEMO CONSENT AGENDA ITEMP There being no further business to be discussed, a motion was made by Mayor Pro-Tem Crawford and seconded by Council Member McKenzie to adjourn--the vote: all aye. William C. Dusch, Mayor AIDL Deasor, City dg