Regular City Council Meeting

99 REGULAR CITY COUNCIL MEETING MUNICIPAL MINUTES CITY OF TUPELO STATE OF MISSISSIPPI MAY 19, 2020 INVOCATION: COUNCILMAN MARKEL WHITTINGTON PLEDGE OF ALLEGIANCE: COUNCILMAN TRAVIS BEARD CALL TO ORDER: COUNCILWOMAN NETTIE DAVIS CONFIRMATION OR AMENDMENT TO THE AGENDA AND AGENDA ORDER Councilman M Bryan moved, seconded by Councilman Whittington, to confirm the agenda and agenda order, with the following change: Delete: Item #12 - POLICE USING CITY VEHICLE OFF DUTY The vote was 7 - 0 in favor to remove Item # 12 from the Agenda. PROCLAMATIONS, RECOGNITIONS AND REPORTS AGENDA PROCLAMATIONS RECOGNITION GIRL/BOY SCOUTS EMPLOYEE RECOGNITION PUBLIC RECOGNITION Councilman Jennings commended the Fire Department for doing a great job at a fire in Haven Acres. The family had three dogs, two of which had been removed, but the last one was still in the house. The firefighters returned to the house and found the dog, gave it oxygen and returned him to the family. He also congratulated all the 2020 graduating seniors for all their hard work and recognized how difficult it must be to not be involved in normal graduation activities. Councilman Palmer reminded everyone that Monday, May 25 would be Memorial Day, and a service will be held at Veteran's Park at 9:00 a.m. First District Circuit Court Judge and United States Army Reserve Colonel Kelly Mims will be the keynote speaker. In case of rain, the event will be moved inside. The event will also be streamed on Facebook Live for those who cannot attend the service.  100 Councilman M Bryan shared that he had received feedback from citizens concerning the police officers who are patrolling by bike in the neighborhoods. He commended Chief Aguirre and said that the neighborhoods appreciate the police presence. He also said that his daughter is one of the 2020 graduating seniors who are dealing with the change of events due to COVID 19. He recognized and thanked the Tupelo Public School District for going above and beyond to allow the students to participate in the graduation ceremonies. Councilman Whittington shared a text message he received from a citizen in East Tupelo. During a neighborhood patrol, Police Officer Michael Gumm performed a security check when he saw a front door open and no one appearing to be at home. The homeowner had gone for a walk and returned while Office Gumm was at his residence. Officer Gumm was described as being very professional and courteous while getting to know the neighborhood and making sure everyone was safe. Councilwoman Davis presented a card, from the Council, to the Mayor and congratulated him on the upcoming birth of his first child. MAYOR'S REMARKS The Mayor made several remarks concerning COVID-19 and how the city is beginning to reopen following Governor Reeve's guidelines. The administration continues to balance the economic need to reopen the city with public health and safety concerns to prevent the spread of the virus. Fireworks will be a part of the weekend celebration of the 2020 graduating senior class Friday night following 'Blue and Gold Day' in the city. He also re-emphasized the Memorial Day service. City offices will be closed on Monday in observance of Memorial Day. An outline of his remarks is attached as EXHIBIT A. (CLOSE REGULAR MEETING OPEN PUBLIC AGENDA) PUBLIC AGENDA PUBLIC HEARINGS IN THE MATTER OF DEMOLITION Attorney William Spencer, with the Spencer Law Firm, requested to speak regarding the Public Hearing for the demolition of the Townhouse Motel, located at 931 South Gloster Street. Even though the Public Hearing was heard at a previous Council Meeting, the Council allowed Attorney Spencer to speak and ask questions. Once he was finished, Councilwoman Davis explained that there would not be a discussion, but that the Council would respond to his questions when the item was called for a vote. IN THE MATTER OF LOT MOWING There was no one present for the Public Hearing for lot mowing at 123 S Industrial Road - Jesus O Fuentes, Parcel # 089N3100601.  101 APPEALS CITIZEN HEARING (CLOSE PUBLIC AGENDA AND OPEN REGULAR SESSION) ACTION AGENDA ROUTINE AGENDA IN THE MATTER OF MINUTES OF REGULAR MEETING MAY 5, 2020 Councilman Palmer moved, seconded by Councilman Whittington, to approve the Minutes of the Regular Meeting of the City Council held on May 5, 2020. The vote was 7 - 0 in favor. IN THE MATTER OF BILL PAY AND UTILITY ADJUSTMENTS Council members Nettie Davis, Markel Whittington, Buddy Palmer and Travis Beard, along with Traci Dillard had earlier reviewed the bills for payment. APPENDIX B Councilman Jennings moved, seconded by Councilman Palmer, to approve the payment of the bills and utility adjustments, as presented. The vote was 7 - 0 in favor. IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS Councilman M Bryan moved, seconded by Councilman Whittington, to approve the advertising and promotional items, as presented. The vote was 7 - 0 in favor. EXHIBIT C IN THE MATTER OF BUDGET AMENDMENT #4 Chief Financial Officer/City Clerk Kim Hanna presented and explained Budget Amendment #4 for the 2019-2020 Budget. After a brief discussion, Councilman M Bryan moved, seconded by Councilman Beard, to approve Budget Amendment #4 for the 2019-2020 Budget, as presented. The vote was 7 - 0 in favor. EXHHBIT D IN THE MATTER OF APPROVAL OF HOMELAND SECURITY GRANT FOR EOD UNIT Councilman Whittington moved, seconded by Councilman Beard, to approve and accept the Homeland Security Grant for EOD in the amount of $38,000 to purchase a vehicle. After a brief discussion, the vote was 7 - 0 in favor. EXHIBIT E IN THE MATTER OF DEMOLITION  102 A Public Hearing was held pursuant to Mississippi Code 1972, as amended, 21-19-11. Councilman Jennings moved, seconded by Councilman Whittington to approve the demolition of properties located at: 516 Maple Street 307 S Highland Drive 931 S Gloster Street (Townhouse Motel) These properties were determined to be in such a state of uncleanliness and disrepair as to be a menace to health, safety and welfare of the community. Councilman M Bryan moved to suspend the rules and allow Attorney William Spencer an opportunity to speak. Councilman Whittington seconded, and the vote was as follows: Councilman Whittington AYE Councilman L Bryan NAY Councilman Beard NAY Councilwoman Davis NAY Councilman Palmer NAY Councilman M Bryan AYE Councilman Jennings NAY Donna Jarrell, DDS, was asked questions regarding the property located at 931 S Gloster Street. The demolition of the property has been tabled multiple times and the only part of the property to be demolished is Building #1, which is the building that burned on July 19, 2017. A vote was called for to approve the demolition of the properties listed and was in favor 7 - 0. By this action, the City of Tupelo was authorized to demolish said property, invoice the owners, and place liens on the property. APPENDIX F IN THE MATTER OF LOT MOWING Councilman Whittington moved, seconded by Councilman Beard, to approve the final lot- mowing list submitted by the Department of Development Services, such properties being in such a state of uncleanliness as to be a menace to public health, safety, and the welfare of the community, thereby authorizing the department to proceed with the mowing of these properties. The motion passed unanimously 7 - 0. APPENDIX G IN THE MATTER OF MAJOR THOROUGHFARE COMMITTEE MINUTES Councilman Palmer moved, seconded by Councilman Jennings, to approve the Major Thoroughfare Committee of March 9 and April 13, 2020. The vote was 7 - 0 in favor. APPENDIX H  103 IN THE MATTER OF REQUEST FOR DECLARATION OF SURPLUS AND AUTHORIZATION TO DISPOSE OF FIREARMS Chief Bart Aguirre presented a list of firearms, collected by the North MS Narcotics Unit, no longer needed by the Police Department. Councilman Beard moved, seconded by Councilman Whittington, to find the firearms no longer needed for the operations of the city and approve the list as surplus and sell the items at auction. The vote was 7 – 0 in favor. APPENDIX I IN THE MATTER OF TRA MINUTES MAY 14, 2020 Councilman Jennings moved, seconded by Councilman Whittington, to approve the Tupelo Redevelopment Agency Minutes of March 30 and May 14, 2020 and to allow the Mayor to execute the 'Extension of Time to Purchase and Closing of Fairpark Phase III Lot 8B'. The vote was 7 - 0 in favor APPENDIX J IN THE MATTER OF CHANGE ORDER 1 & FINAL FOR TAG TRUCK CENTER WATER LINE Councilman Whittington moved, seconded by Councilman M Bryan, to find the change order commercially reasonable and not made to circumvent the purchasing laws of the State and approve Change Order #1 and Final for TAG Truck Center Water Line as a deduct of $5,292.45. The vote was 7 - 0 in favor. APPENDIX K IN THE MATTER OF CVB BOARD MINUTES MAY 2020 Councilman Palmer moved, seconded by Councilman Jennings to approve the May 14, 2020 Minutes of the Tupelo Convention and Visitors Bureau. The vote was 7 - 0 in favor. APPENDIX L IN THE MATTER OF REQUEST FROM PARKS AND RECREATION TO WAIVE FEES FOR SPRING SPORTS REGISTRATION Councilman Beard moved, seconded by Councilman Whittington to approve the request to waive fees for Park and Recreation spring sports registration. The vote was 7 - 0 in favor. APPENDIX M (CLOSE REGULAR SESSION) STUDY AGENDA EXECUTIVE SESSION Councilman Jennings moved, seconded by Councilman Palmer, to determine the need to leave the public meeting for the purpose of executive session. City Attorney Ben Logan confirmed items as appropriate for discussion in executive session: Personnel Matter - Miss. Code Anno. §25-41-7 (4) (a) (1972 as amended).  105 APPENDIX A  106 CHECK INFORMATION FOR COUNCIL MEETING May 19, 2020 FUND CHECK NUMBERS POOL CASH 394390-394657 EFT 50000610-50000625 TWL ADJUSTMENTS ELECTRONIC TRANSFERS AS SHOWN ON THE FACE OF DOCKET INVOICES AS SHOWN ON FACE OF DOCKET APPENDIX B  107 AGENDA REQUEST TO: Mayor and City Council FROM: Kim Hanna, CFO DATE May 19, 2020 SUBJECT: IN THE MATTER OF ADVERTISING AND PROMOTIONAL ITEMS KH Request: Proposed items for approval are for the purpose of advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Tupelo. ITEMS: MS Radio Group (all four stations) $299 (THS Graduation Congratulations) Lee County Courier $350 (Memorial Day ad) APPENDIX C  108 City of Tupelo Fy 2020 Budget Revision #4 Whereas, the Mayor and City Council of the City of Tupelo have determined that the budget estimates and certain increases are needed in the operating departments, it is hereby resolved to amend the FY 2020 Budget as follows: Original Amended Budget Amendment Budget General Fund Revenues Local Taxes 7,553,617 7,553,617 Licenses & Permits 1,067,500 1,067,500 Intergovernmental Revenues 25,536,306 38,000 25,574,306 Charges for Services 569,000 569,000 Fines & Forfeits 626,000 626,000 Interest Income & Misc. Revenues 546,050 56,800 602,850 Other Financing Resources 226,471 226,471 Unreserved Fund Balance 2,917,000 - 2,917,000 Total General Fund Revenues 39,041,944 94,800 39,136,744 Purpose: To budget for Homeland Security funds awarded to the Tupelo Police bomb unit. (38,000) Accept a donation from Coca Cola for $5,000 for Parks & Rec. To budget for the lease on the building on Commerce Street (51,800). Expenditures: City Council Personnel 289,976 289,976 Supplies 5,000 5,000 Other Services & Charges 191,650 191,650 Capital - - - Total City Council 486,626 - 486,626 Purpose: Executive Dept. Personnel 729,898 729,898 Supplies 16,500 16,500 Other Services & Charges 271,246 271,246 Capital - - - Total Executive Dept. 1,017,644 - 1,017,644 Purpose: City Court Personnel 838,521 838,521 Supplies 19,100 19,100 Other Services & Charges 94,550 94,550 Capital - - - Total City Court 952,171 - 952,171 Purpose: APPENDIX D 1  109 Original Amended Budget Amendment Budget Budget & Accounting Personnel 932,531 932,531 Supplies 66,100 66,100 Other Services & Charges 412,093 412,093 Capital 45,000 - 45,000 Total Budget & Accounting 1,455,724 - 1,455,724 Purpose: CVB Personnel 142,506 - 142,506 Total CVB Expenditures 142,506 - 142,506 Personnel Dept. Personnel 197,195 197,195 Supplies 4,100 4,100 Other Services & Charges 27,946 27,946 Capital - - - Total Personnel Dept. 229,241 - 229,241 Purpose: Development Services Personnel 1,381,776 1,381,776 Supplies 28,500 28,500 Other Services & Charges 68,421 68,421 Capital - - - Total Development Services 1,478,697 - 1,478,697 Purpose: Police Dept Personnel 8,740,620 8,740,620 Supplies 563,000 563,000 Other Services & Charges 1,462,507 1,462,507 Capital 212,100 38,000 250,100 Total Police Dept. 10,978,227 38,000 11,016,227 Purpose: To purchase equipment/vehicle with Homeland Security funds. Fire Dept Personnel 5,872,541 5,872,541 Supplies 282,150 282,150 Other Services & Charges 309,689 309,689 Capital - - - Total Fire Dept. 6,464,380 - 6,464,380 Purpose: APPENDIX D 2  110 Original Amended Budget Amendment Budget Public Works Personnel 3,021,120 3,021,120 Supplies 363,100 363,100 Other Services & Charges 1,976,058 1,976,058 Capital 17,000 - 17,000 Total Public Works 5,377,278 - 5,377,278 Purpose: Parks & Recreation Personnel 1,883,924 1,883,924 Supplies 332,585 332,585 Other Services & Charges 861,062 5,000 866,062 Capital 10,000 - 10,000 Total Parks & Rec 3,087,571 5,000 3,092,571 Purpose: To increase services for $5,000 for special projects funded with a donation from Coca Cola. Aquatics Facility Personnel 426,144 426,144 Supplies 83,617 83,617 Other Services & Charges 359,575 359,575 Capital 4,000 - 4,000 Total Aquatics Facility 873,336 - 873,336 Purpose: Museum Personnel 133,567 133,567 Supplies 9,000 9,000 Other Services & Charges 28,850 28,850 Capital - - - Total Museum 171,417 - 171,417 Purpose: Community Services 1,203,063 - 1,203,063 Purpose: Debt Service 564,791 51,800 616,591 Purpose: To budget for the cap loan expenditure for the purchase of the building on Commerce St. Other Financing Uses 4,559,272 - 4,559,272 Total General Fund Expenditures 39,041,944 94,800 39,136,744 Purpose APPENDIX D 3  111 Original Amended Budget Amendment Budget Fund #327 Tupelo Capital & Infrastructure Fund Revenues Grants 998,821 998,821 Transfer from Other Funds 2,444,590 2,444,590 Donations - - Loan Proceeds 1,500,000 1,500,000 Bond Proceeds 8,900,000 8,900,000 Other Financing Sources 200,000 200,000 Unreserved Fund Balance 6,567,105 225,000 6,792,105 Total Revenues 18,910,516 1,925,000 20,835,516 Expenditures Other Services & Charges Maintenance Projects 265,000 265,000 Street Overlay 3,059,919 3,059,919 Neighborhood Revitalization 986,682 986,682 Beautification Projects 18,000 18,000 Contingies/Grant Matches 300,000 - 300,000 Total Other Services & Charges 4,629,601 - 4,629,601 Capital Infrastructure Improvements 6,228,308 6,228,308 Property Purchase 1,925,000 1,925,000 Equipment 399,713 399,713 Building Improvements 3,577,874 3,577,874 Park Improvements 2,450,133 2,450,133 Vehicles 190,387 190,387 Police Vehicles/Equipment 400,000 400,000 Fire Equipment/Trucks 1,034,500 1,034,500 Contingencies(Grant Matches) - - - Total Capital 14,280,915 1,925,000 16,205,915 Other Financing Uses - - - Total Expenditures 18,910,516 1,925,000 20,835,516 Purpose: To purchase Commerce St. property and to purchase Spring St. property. APPENDIX D 4 AYE AYE AYE AYE AYE AYE AYE  113 APPENDIX E  114 APPENDIX E  115 APPENDIX E  116 APPENDIX E  117 APPENDIX E  118 APPENDIX E  119 APPENDIX E  120 APPENDIX E  121 APPENDIX E  122 APPENDIX E  123 APPENDIX E  124 APPENDIX E  125 APPENDIX E  126 APPENDIX E  127 APPENDIX E  128 APPENDIX E  129 APPENDIX E  130 APPENDIX E  131 APPENDIX E  132 APPENDIX E  133 APPENDIX E  134 APPENDIX E  135 APPENDIX E  136 APPENDIX E  137 APPENDIX E  138 Demolition List for 5/19/20 City Council Meeting 516 MAPLE ST. 307 HIGHLAND DR. 931 S. GLOSTER DR. (TOWNHOUSE MOTEL) APPENDIX F  139 516 Maple St. BASIC INFORMATION  PARCEL: 089P-31-212-00  CASE : 28458  WARD: 3  TAX VALUE: $14,330  VACANT: YES  REPAIRABLE: NO NEARBY PROPERTIES/ TAXES  RIGHT SIDE – 514 ½ Maple St. - $55,020  LEFT SIDE – 518 Maple St. - $18,790  REAR – 329 Elm St. $33,050  ACROSS – vacant lot TAXES/LIENS - Taxes - CURRENT NO CITY LIENS APPENDIX F  140 VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE-YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – YES  YARD OR GROUNDS POORLY MAINTAINED – YES  ACCUMULATION OF JUNK - YES CODE ENFORCEMENT HISTORY  10 PRIOR VIOLATIONS  CURRENT STATUS – OPEN- CHAP 34 VIOLATION APPENDIX F  141 APPENDIX F  142 APPENDIX F  143 APPENDIX F  144 307 Highland Dr. BASIC INFORMATION  PARCEL: 077Q-36-072-00  CASE: 30178  WARD: 4  TAX VALUE: $33,100  VACANT: YES  REPAIRABLE: POSSIBLY NEARBY PROPERTIES/ TAXES  RIGHT SIDE RIGHT SIDE - 305 S. Highland Dr. $39,750  LEFT SIDE – N/A  REAR - 1409 Boggan Dr. $66,020  ACROSS – 306 S. Highland - $57,440 TAXES/LIENS Taxes - 2 years delinquent No city liens APPENDIX F  145 307 Highland Dr. VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE-YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – YES  YARD OR GROUNDS POORLY MAINTAINED – YES  ACCUMULATION OF JUNK – NO CODE ENFORCEMENT HISTORY  4 DATING BACK TO 2009  CURRENT STATUS – OPEN- CHAP 34 APPENDIX F  146 APPENDIX F  147 931 S. Gloster St. Townhouse Motel BASIC INFORMATION  PARCEL: 113E-06-141-01  CASE : 23465  WARD: 3  TAX VALUE: $627,490  VACANT: PARTIALLY  REPAIRABLE: POSSIBLY VISUAL INDICATORS OF BLIGHT  STRUCTURAL DAMAGE OR FAILURE-YES  EXTERIOR MATERIALS IN NEED OF REPLACEMENT OR REPAIR – YES  BROKEN WINDOWS\DAMAGED DOORS – YES  YARD OR GROUNDS POORLY MAINTAINED – NO  ACCUMULATION OF JUNK - NO CODE ENFORCEMENT HISTORY  CURRENT STATUS – OPEN- CHAP 34 VIOLATION – BURN OUT APPENDIX F  148 APPENDIX F  149 APPENDIX F  150 APPENDIX F  151 FINAL Lot Mowing Report for MAY 19,2020 Violation Ref Parcel Location Owner Owner Address Owner City State Zip Inspector 1. 30318 089N3100601 123 S FUENTES JESUS O 123 INDUSTRIAL S TUPELO, MS 38801 MB INDUSTRIAL RD APPENDIX G  152 APPENDIX H  153 APPENDIX H  154 APPENDIX H  155 APPENDIX H  156 APPENDIX I  157 APPENDIX I  158 APPENDIX I  159 APPENDIX I  160 APPENDIX I  161 APPENDIX I  162 APPENDIX I  163 Tupelo Redevelopment Agency Teleconference May 14, 2020 Agenda 1.0 Ratify minutes of March 30, 2020 2.0 Approve/Reject Century Realty Group Extension of Agreements for Purchase of Lot 8B Phase III Fairpark 3.0 Approve/Reject C and K Properties, LLC -Corey Lee/Clay Short Option for The Legacy Project Request for Lot 10 Phase III Fairpark 4.0 Ratify Rejection of Legacy Development Group, Letter of Intent for Lot 3A Phase I Fairpark 5.0 Ratify Contract for Lot 2-25 Phase II Fairpark with Don Coleman, Wilson Coleman and Blake Whitehead 6.0 Review/Approve TRA to counter offer to developers submitting proposals during the RFP process for Phase IV residential. 7.0 6.0 Executive Session - Potential Lands Sales APPENDIX J  164 TUPELO REDEVELOPMENT AUTHORITY MINUTES May 14, 2020 A teleconference meeting of the Tupelo Redevelopment Agency convened at 3:00 p.m. on Thursday, March 14, 2020 in conference room B of City Hall. Agency members present via teleconference were TRA President, Reed Hillen, Shane Homan, Amy Tate and Cheryl Rainey. Recording Secretary Debbie Brangenberg and Ben Logan, City Attorney, were present in Conference Room B. Chairman Reed Hillen called the meeting to order. Shane Homan moved, seconded by Amy Tate, to amend the order of the agenda to take up executive session matters first. The vote was unanimous in favor. Shane Homan moved, seconded by Amy Tate, to determine the need to enter executive session. City Attorney Ben Logan advised that the pending land sales and option extensions were appropriate topics for executive session. Shane Homan moved, seconded by Amy Tate, moved to enter executive session for these discussions. The vote was unanimous in favor. EXECUTIVE SESSION entered at 3:09 p.m. Shane Homan moved, seconded by Amy Tate, moved to come out of executive session. The vote was unanimous in favor. OPEN SESSION resumed at 3:40 p.m. 1. Approve Minutes of March 30, 2020 Shane Homan moved, seconded by Cheryl Rainey, to approve the minutes of the March 30, 2020 meeting of the Tupelo Redevelopment Agency as presented. The vote was unanimous in favor. (Exhibit A). 2. Extension of terms of purchase agreement between TRA and Maloney Development for Lot 8B Phase III Shane Homan moved, seconded by Amy Tate, to extend the terms of the August 2017 Purchase Agreement to allow Maloney Development 120 additional days to purchase Lot 8B under the terms of the contract. City Attorney Ben Logan advised that the August 2017 contract called for purchase of this property by June 1, 2020, or it Maloney Development would be in breach of contract. Logan added that the option to purchase additional property south of lots 8A and 8B had already expired. The vote was unanimous in favor of granting the additional time on Lot 8B, Phase III. City Attorney Ben Logan advised that he would prepare this extension for execution by TRA and approval by the city council under the terms of the 2017 Memorandum of Agreement on the entire project. (EXHIBIT B to be supplemented) 3. In the matter of the extension of the option of The Legacy project (Cory Lee and Clay Short) for Lot 10, Phase III. 1 APPENDIX J  165 Chairman Hillen moved, seconded by Shane Homan, to grant a single extension of 90 days for the developers to exercise the original option. The vote was unanimous in favor. (EXHIBIT C). 4. Offer of purchase option of Lot 3A Phase I by C and K Properties. Cheryl Rainey moved, seconded by Amy Tate to reject the offer. The vote was unanimous to reject the offer. (EXHIBIT D). 5. Ratification of Contract of Purchase of Lot 2-25 Phase II between TRA and Wilson Coleman, Don Coleman and Blake Whitehead Shane Homan moved, seconded by Cheryl Rainey to ratify the contract. The vote was unanimous in favor. (EXHIBIT E). 6. Offer by TRA to Webb Development Group and Dustin Dabbs of property options and sale agreements in response to developers’ responses to earlier Requests for Proposals. Amy Tate moved, seconded by Shane Homan, to submit a property option and sale agreement to these two developers for lots in Phase IV Residential under the following terms: $25,000 per lot; development incentives of $8/sq. ft. for homes constructed between 1800 sq. ft. and 3,125 sq. ft; adherence to Fairpark design guidelines and approval; provisions for 2-year options; commencement requirements; and buyback provision to TRA for cessation of work. The vote was unanimous in favor. City Attorney Ben Logan stated he would complete the preparations of these contracts and submit them to the prospective developers who had responded to the earlier RFP procurement process. (EXHIBIT F) to be supplemented. Adjournment: With no further business to discuss, Cheryl Rainey moved, seconded by Shane Homan to adjourn the meeting. The vote was unanimous in favor. ____________________________________ Reed Hillen, Chair ____________________________________ Debbie Brangenberg, Recording Secretary 2 APPENDIX J  166 TUPELO REDEVELOPMENT AUTHORITY MINUTES March 30, 2020 A teleconference meeting of the Tupelo Redevelopment Agency convened at 1:00 p.m. on Monday, March 30, 2020 in conference room B of City Hall. Agency members present via teleconference were TRA President, Reed Hillen, Shane Homan, Amy Tate and Cheryl Rainey, and Recording Secretary Debbie Brangenberg. Representing the City of Tupelo were Pat Falkner, Director of Development Services, Kim Hanna, CFO, Don Lewis, COO and Ben Logan, City Attorney. 1. Approve Minutes of January 21, 2020 Shane Homan moved, seconded by Amy Tate, to accept the minutes of the January 21, 2020 meeting of the Tupelo Redevelopment Agency as presented. The vote was unanimous in favor. (Exhibit A). 2. Executive Session Amy Tate moved, seconded by Shane Homan, to determine the need for executive session. Upon receiving a unanimous vote in favor of determining the need for executive session, the Agency members were advised by counsel that the sale of property and extension of incentives were appropriate matters to discuss in executive session. Amy Tate moved, seconded by Shane Homan, to enter executive session. The members of the agency voted unanimously to close the regular meeting and move into executive session to discuss Fairpark land sales and incentives. The Agency thoroughly discussed the following matters in executive session: Sale of Fairpark lots 4A and 4B Sale of remaining Phase II Residential Real Property (4.1 acres west of Retention Pond 1) Review responses to Requests for Proposals Fairpark Phase IV (Residential) Extension of commencement of construction incentive for the Thrash Group (boutique hotel). Amy Tate moved, seconded by Shane Homan, to come out of Executive Session and return to the regular meeting. The vote was unanimous in favor. 3. In the matter of the purchase and development of Fairpark lots 4A and 4B by Century Construction Century Construction had exercised the option to purchase on January 29, 2020, providing a survey of Lots 4A and 4B and a site plan which exceeded the boundaries of Lots 4A and 4B. Since that time, Debbie Brangenberg, Shane Homan and Ben Logan had discussed the discrepancies with the developer. Initially, the developer proposed creating Lot 4C in the middle of 4A and 4B that contained real property outside the boundaries of Lots 4A and 4B. This proposal would not only require a plat amendment but would leave unusable remnants of the property to be held by TRA. The agents of TRA proposed decreasing the price per square foot of 1 APPENDIX J  167 Lots 4A and 4B and selling the areas outside of Lots 4A and 4B at the reduced square foot price. The developer submitted a survey of this concept (Exhibit B) including Tracts 1 and 2 outside 4A and 4B. The plat still had to be modified by filing a complaint in Chancery Court with notice given to all land owners in Fairpark Phase I. Scott Davis, the closing attorney for the developer could certify title to Lot 4A and 4B but not to Tract I and Tract II until the plat could be amended. Because of these circumstances, Davis also cited that a conflict of interest had arisen, and he as the Buyer’s representative could not file the plat amendment suit. Davis did recommend Mike Ferris of Mitchell, McNutt and Sams, due to his previous work on Fairpark Phase I. Shane Homan moved, seconded by Amy Tate to: a) Sell to Century Construction Fairpark Phase I, Lots 4A, 4B and Tracts I and II at the price of $317,753; and b) Engage the services of Mike Ferris, Esq. to file a complaint to modify the plat to include tracts I and II, with the costs (attorney fees, any additional survey work, filing and publication fees) of the litigation to be paid by the Buyer; and c) Enter into a reasonable escrow agreement, if necessary, and close on property when advised by legal counsels that TRA could close; and d) All risk of closing on Lots 4A and 4B prior to the modification of the plat to add Tract I and II would be borne by the Buyer. The vote was unanimous in favor. 4. In the matter of sale of remaining Phase II Residential Real Property (4.1 acres west of Retention Pond 1) to Don Coleman Shane Homan moved, seconded by Amy Tate to: a) Sell to Don Coleman 4.1 acres located west of the Fairpark Phase II Residential retention pond for $90,000 with a reasonable buy back provision by TRA in the sales contract and deed; and b) Conditioned upon the developer being responsible for building the subdivision infrastructure at an estimated cost of $300,000.00; and c) Conditioned upon the Developer abiding by all design criteria of TRA and the development code of the City of Tupelo, including entering a development agreement with the city and TRA; and d) Conditioned on TRA being responsible for the final lift of asphalt when the developer completes the subdivision. 2 APPENDIX J  168 The vote was unanimous in favor. 3. Extending time for commencement of construction incentive for Thrash Group project – boutique hotel The COVID-19 pandemic has delayed the ground breaking of this project. TRA has conducted and approved a design review. No building permit has been obtained. The developer requested an extension of the April 1, 2020 ground breaking deadline to receive incentives. Shane Homan moved, seconded by Amy Tate to: Grant an extension of the groundbreaking incentive until June 1, 2020. The vote was unanimous in favor. Adjournment: With no further business to discuss, Cheryl Rainey moved, seconded by Amy Tate to adjourn the meeting. The vote was unanimous in favor. ____________________________________ Reed Hillen, Chair ____________________________________ Debbie Brangenberg, Recording Secretary 3 APPENDIX J  169 EXTENSION OF TIME TO PURCHASE AND CLOSING OF FAIRPARK PHASE III LOT 8B An amendment to Contract of Purchase dated August 23, 2017 for Fairpark Phase III Lot 8B, made by and between TUPELO REDEVELOPMENT AGENCY (Seller/Grantor), and MALONEY DEVELOPMENT PROPERTIES (Purchaser/Grantee): WHEREAS, Under the Contract of Purchase, Purchaser/Grantee must purchase and close Lot 8B Fairpark Phase III before June 1, 2020, which is “no later than the earlier of June 1, 2020 or two (2) years from the completion date of the building to be constructed on Lot 8A”; and WHEREAS, the COVID-19 Pandemic has caused and will continue to cause delays and work stoppages of both business operations and governmental agencies; and WHEREAS, the parties desire to extend the time required for Purchaser/Grantee to purchase and close Lot 8B Fairpark Phase III. It is herein provided that said time to purchase shall be extended for an additional term of four (4) months, commencing on June 1, 2020 and ending October 1, 2020, at which time Fairpark Phase III Lot 8B shall be purchased and closed, unless extended in writing by the parties. This extension shall be on the same terms and conditions as contained in the original Contract of Purchase, and this Extension of Time to Purchase and Closing of Lot 8B Fairpark Phase III shall be binding upon and inure to the benefit of the parties, their successors and assigns. Signed this, the _____ day of __________, 2020. In the presence of: SELLER/GRANTOR: ______________________________ ______________________________ Witness TUPELO REDEVELOPMENT AGENCY PURCHASER/GRANTEE ______________________________ ______________________________ Witness MALONEY DEVELOPMENT PROPERTIES CITY OF TUPELO ______________________________ JASON L. SHELTON, MAYOR APPENDIX J  170 ATTEST: ______________________________ KIM HANNA, CFO/CITY CLERK APPENDIX J  171 EXHIBIT C Clay Short 10:53 AM (3 hours ago) to me, Cory, Cory, Shane Hi Debbie, Per our conversation, we would prefer to build in several options-to-extend, which can be in increments of 90 days. The goal, of course, is to satisfy TRA that progress is being made, possibly get TRA some option revenue, and satisfy the developer that he has enough time to perform. The other option we'd like to explore is simply purchasing the property. Obviously we feel really committed to this and any deviation from the plan costs lots of time and money Best to you, Clay Short Commercial Brokerage TRI Inc - Commercial 662-231-4262 m APPENDIX J  172 EXHIBIT D November 20, 2019 TRA Committee C/O Debbie Brangenburg 108 South Broadway Street Tupelo, MS 38804 Dear Debbie, Please accept this as Buyers proposal to enter into a Purchase and Sale Agreement for the below-mentioned Property. This proposal is non-binding nor contractual in nature, but an expression of the principle terms proposed to be incorporated in a mutually acceptable Purchase and Sale Agreement. 1. BUYER: CORY LEE ON BEHALF OF LEGACY DEVELOPMENT GROUP. 2. SELLER: Tupelo Redevelopment Agency 3. PROPERTY: As outlined on exhibit. 4. EARNEST MONEY: NA 5. PURCHASE PRICE AND INTENT: The purchase price to be paid for the property shown in the attached exhibit, in the event the Option is exercised, is $80,000. With the intended purpose of constructing a 2 story mixed-use building with a footplate of approximately 9,000 SF. 5. TERM OF OPTION:. The term of this Option will begin on the date of execution of this Option Agreement and will expire in twelve (12) months from said date. 6. PHYSICAL INSPECTION AND DUE DILIGENCE: Buyer shall have a period of One hundred eighty (180) days in which to undertake, at Buyer’s expense, any and all physical inspections, studies, and other investigations of and concerning the Property as Buyer, in its sole discretion, may deem appropriate. In the event that all results of the investigations are not satisfactory to Buyer, in its sole discretion, Buyer shall notify the Seller in writing and the contract contemplated herein shall be terminated APPENDIX J  173 EXHIBIT D 7. Closing: Thirty (30) days after the last day of the Inspection / Due Diligence Period 8. Deed: General Warranty Deed or other form of transfer document satisfactory to both parties 9. CLOSING COSTS. Seller shall pay for the cost of (a) the preparation of the Deed and any other instruments of conveyance required to effectuate the transfer. Buyer shall pay for the cost of (a) the premium associated with the Title Insurance Policy, if any, (b) the cost of recording conveyance and easement documents, and (c) any and all soil tests, environmental reports and other tests, reports or surveys ordered by Buyer. Each party is responsible for, and shall pay, its own attorney’s fees. All other Closing costs shall be divided equally between the parties. All ad valorem real and personal property taxes shall be prorated as of the date of Closing. 10. ASSIGNMENT. Buyer shall have the right to assign its rights, obligations and interest under the Purchase agreement to an entity affiliated to Buyer after delivery of written notice, as long as the assignee is capable of performing under the terms of the proposed contract contemplated herein. 11. AGENCY. NA 12. BROKERAGE COMMISSION. NA 13. RIGHT OF ENTRY. Upon the full execution of the Purchase Agreement, Buyer shall be granted a right of entry upon the Property for the purpose of conducting the tests and inspections. Buyer shall hold Seller harmless from all liability, including attorney’s fees and costs, arising out of or in connection with this right of entry. Buyer shall restore this Property to its condition prior to Buyer’s entry on the Property. APPENDIX J  174 EXHIBIT D Thank you for the opportunity to present these proposed terms. Should the foregoing meet with your approval, please execute the copy of this letter enclosed herewith and return it to me. I look forward to your response. Sincerely, Cory Lee Legacy Development Group Seller Buyer By: _____________________ By: _____________________ Its: _____________________ Its: _____________________ Date: ___________________ Date: ___________________ APPENDIX J  EXHIBIT E 175 APPENDIX J  176 APPENDIX J  177 APPENDIX J  178 APPENDIX J  179 APPENDIX J  180 APPENDIX J  181 APPENDIX K  182 APPENDIX K  183 APPENDIX K  184 Tupelo Convention & Visitors Bureau Board Meeting Monday, May 14, 2020 The Tupelo Convention & Visitors Bureau met Thursday, May 14, 2020, via Zoom teleconference due to the Covid-19 event. Board members present were Neal McCoy, Jane Spain, Chauncey Godwin, and Jonathan Waller. Tupelo CVB staff members present were Jennie Bradford Curlee, Brian Rucker, Kylie Boring, Brooke Bullock, Olivia Jackson and Stephanie Coomer. Neal McCoy called the meeting to order at 2:02 p.m. Jonathan Waller moved, Chauncey Godwin seconded approval of the agenda. All voting aye, the motion carried. Chauncey Godwin moved, Jonathan Waller seconded approval of the March minutes. All voting aye, the motion carried. Neal McCoy and Kim Hanna presented the financial report. Neal McCoy gave an overview of revenue projections, STR reports and actual collections since the last meeting. Neal McCoy cautioned that the economy may not rebound as quickly as we had initially projected. Jane Spain moved, Chauncey Godwin seconded approval to pay an invoice to VisitHattiesburg to join an effort of DMO’s across the state to hire the firm of Watkins and Eager to lobby on behalf of DMO’s for economic relief aid. All voting aye, the motion carried. Neal McCoy presented to the staff that the Cheryl Foster had resigned from the CVB board and that he would have the Tupelo Innkeepers Association make nominations for replacements. The meeting adjourned at 2:40 p.m. Submitted by: _______________________ _________________________ Chauncey Godwin, Secretary Neal McCoy, Executive Director APPENDIX L  185 AGENDA REQUEST TO: Mayor and City Council FROM: Alex Farned DATE May 15, 2020 SUBJECT: IN THE MATTER OF REVIEW/APPROVE/REJECT REQUEST FROM PARKS AND RECREATION TO WAIVE FEES FOR SPRING SPORTS REGISTRATION AF R Request: I would like to recommend that the Mayor and City Council approve this request from Parks and Recreation to waive all fees for this year’s Spring sports registration. Sports: Youth Baseball Youth Girls Softball Adult Softball Adult Soccer APPENDIX M