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Town Council Regular Meeting

Regular Meeting

Tyrone, GA · March 1, 2012

AgendaMinutes

Minutes

Town of Tyrone Council Meeting Minutes March 1, 2012 Present: Mayor Eric Dial Mayor Pro Tem Gloria Furr Council Member Ken Matthews Council Member Linda Howard Council Member Ryan Housley Police Chief, Interim Town Manager Brandon Perkins Town Attorney Dennis Davenport Finance/HR Manager Penny Hunter Town Clerk, Dee Baker Call to Order, Invocation and Pledge of Allegiance Mayor Dial called the meeting to order at 7:05 p.m. The invocation was given by Ross McAfee with Operation Mobilization. The invocation was followed by the Pledge of Allegiance. Public Comments None. Approval of Agenda Council Member Housley made a motion to approve the agenda. Council Member Howard seconded the motion. Motion was approved 4-0. Council Member Matthews stated that he wanted to make a change to the February 16, 2012 meeting minutes, under item #8 - Consideration and approval of the employee evaluation process. He asked to have his motion changed to read: approve the Employee Evaluation Policy and adding the change for re-evaluation for regular and probationary employees take place within 60 days on substandard evaluations. Council Member Furr made a motion to approve the consent agenda. Council Member Housley seconded the motion. Motion was approved 4-0. CONSENT AGENDA: All matters listed under this item are considered to be routine by the Town Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1|Page Approval of Minutes: February 16, 2012 PROCLAMATION/RECOGNITION: None. PUBLIC HEARING: 1. Consideration of Rezoning Parcels; Public Hearing R 2012-01- The following Tax Parcel ID#’s : 0726017;0707073;0727083;0727041;0727072;0707063 and 0738149 from Limited Use Commercial (LUC) to Downtown Commercial (C-1) Attorney Davenport stated that rezoning these parcels is an offshoot of the comprehensive update to the Zoning Ordinance approved on October 20, 2011. Rezoning the 7 parcels will make the area consistent with the Town’s current zoning classifications. Mayor Dial opened the Pubic Hearing for anyone speaking in favor of the Rezoning. No one spoke. Mayor Dial then opened the Public Hearing for anyone speaking in opposition. No one spoke. Council Member Furr made a motion to approve Rezoning item R 2012-01, Tax Parcel ID#’s : 0726017;0707073;0727083;0727041;0727072;0707063 and 0738149 from Limited Use Commercial (LUC) to Downtown Commercial (C-1). Council Member Matthews seconded the motion. Motion was approved 4-0. 2. Consideration of Rezoning Parcels; Public Hearing R 2012-02- a) All following properties located west of Highway 74 in the vicinity of and including the Publix Shopping Center comprised of the following Tax Parcel ID #’s 0726024;0726026;0726025;0726050;0726023;0726051;0726029;0726037;0726063;0726038 and 0726020 from Planned Unit Development (PUD) to Commercial Highway (C2). b) All following properties east of Highway 74 and west of Senoia Road. Comprised of the following Tax Parcel ID#’s0726002;0726035;0726000;0726036;0726043;0726042;0726041;0726031;0726039;07260 30 and 0726040 Attorney Davenport stated that part of the comprehensive update was to transition the PUD overlay zoning located at the Publix Shopping Center and the shopping center located across Hwy 74 to C2 commercial zoning. He stated that this would not change any usage to the properties only make the area consistent with the Town’s current zoning classifications. 2|Page Mayor Dial opened the Public Hearing for those that wished to speak in favor of this these items. No one spoke. Mayor Dial then opened the Public Hearing for those in opposition of the item. Rick Sewell spoke on behalf of the Hobgood family. He stated that the family was neither for nor against this item. He wanted to make sure that nothing was lost in translation to the actual zoning of the properties from PUD to C2. Attorney Davenport reassured Mr. Sewell that the zoning was fundamentally the same. Council Member Matthews made a motion to approve Rezoning item R 2012- 02 a) All following properties located west of Highway 74 in the vicinity of and including the Publix Shopping Center comprised of the following Tax Parcel ID #’s 0726024;0726026;0726025;0726050;0726023;0726051;0726029;0726037;0726063;0726038 and 0726020 and, b) All following properties east of Highway 74 and west of Senoia Road. Comprised of the following Tax Parcel ID#’s0726002;0726035;0726000;0726036;0726043;0726042;0726041;0726031;0726039;07260 30 and 0726040 from Planned Unit Development (PUD) to Commercial Highway (C2) Council Member Housley seconded the motion. Motion was approved 4-0. 3. Consideration of Text Amendment T- 2012-01 to add Doctors/Physicians offices to Permitted uses under the Commercial Highway (C1) Zoning District. Mr. Perkins stated that the current Zoning Ordinance Article V Section 5-15 A entitles Dental Care, Pharmacies, Visiting Nurse Associations and Optical practices to be zoned C1. These are all similar uses. The recommendation is to add Doctors/Physicians offices to the C1 zoning district. Mayor Dial opened the Public Hearing for anyone speaking in favor of Text Amendment T- 2012-01. No one spoke in favor. Mayor Dial opened the Public Hearing for anyone speaking in opposition. No one spoke in opposition. Council Member Housley made a motion to approve Text Amendment T 2012-01 to add Doctors/Physicians offices to Permitted uses under the Commercial Highway (C1) Zoning District. Council Member Howard seconded the motion. Motion was approved 4-0. 4. Consideration of Text Amendment’s T- 2012-2 and T- 2012-3 to add Gun Shops to the Commercial Highway (C2) Zoning District as a Conditional Use. Mr. Perkins stated that currently there are no provisions for a gun shop to be located within the Town limits. He stated that the Planning Commission recommended approval at their last Public 3|Page Hearing meeting to add gun shops as a conditional use to the commercial downtown zoning district with conditions to the recommendation. They are as follows; a) 12 inch bollards 42 inches high 4 feet apart to prevent vehicles entering the front doors and meet ADA standards. b) Steel roll down gate in front of entrance to prevent unauthorized entry. c) Operating hours 10:00 am till 8:00 pm. d) Alarm system on building to notify of unauthorized entry. e) Camera security system to monitor building at all times for unauthorized activity. f) Concrete poured walls in any area involving discharge of fire arms. Gun shops may also have a firing range as an accessory use. Mayor Dial opened the Public Hearing for those in favor of Text Amendment T- 2012-2 and T- 2012-3. Herbert Galloway who lives in Peachtree City spoke in favor. He stated that he grew up attending Atlanta schools and R.O.T.C. was very prominent. He stated that it was very beneficial to him learning how to use a fire arm. He added that it is very beneficial to have a safe and controlled area for firearm training. He reiterated that training and supervision are very important. Irene A. Shaughness who lives on Ashland Trail in Tyrone spoke in favor for herself and her husband. She stated that she and her husband are gun owners and stated the importance of practice. She stated statistics show that there are 400,000 permit holders in Georgia. Firing ranges are constructed with safety in mind. David Barlow who lives on Brooks Drive in Tyrone spoke in favor. He stated the 2nd Amendment gives citizens the right to bear arms. He stated that in 1982, Kennesaw, Georgia’s Council unanimously passed an ordinance requiring households to own at least one firearm with exceptions. He concluded that as a result, Kennesaw’s crime rate decreased. Larry Underwood who lives in Newnan spoke in favor. He stated that his wife now owns a gun and shared the importance of practice when using firearms. The Town would be a great location for a shooting range. Currently there is one in Fayetteville and Grantville. The safety issue with owning a gun is a lack of practice and education. Hal Regi who lives on Tramore Trace in Tyrone spoke in favor. He stated that the range would be beyond the legal limited distance from Tyrone Elementary School. Autry’s firing range in Fayetteville is located near three schools. He stated that there have been no accounts of any safety issues reported. Please base your vote on fact not opinion. Carlos Terron who lives on Keswick Manor Drive in Tyrone spoke in favor. He stated that he is from Mexico where gun laws are very restrictive which creates more crime. He stated that he has two boys, one in Flat Rock and one at Sandy Creek. He would like the convenience of having a firing range closer in order to teach his sons how to respectfully and safely use firearms. 4|Page Michael Harbin who lives on Farr Lake Drive spoke in favor. He stated that his wife grew up in a home with no guns, since then he has taken her to practice to become comfortable with a gun. He feels better about leaving her at home alone. He stated that having a range in Tyrone would make it easier for more training and feels training and education are very important. Randy Arrowood who lives on Keswick Manor Drive spoke in favor. Mr. Arrowood stated that as a local business owner he thinks the gun shop would bring more revenue to the Town. He has four children and is training the older children how to use a firearm. He stated that having the gun range in Town would be an asset for training the citizens on the proper use of firearms. Jason Solyard who lives in Newnan spoke in favor. He stated that he is a firearms instructor and focuses on women and children. The firing range would bring more business to your Town. He concluded that firearms education is very import for children and this would be an asset to Tyrone. Rusty Morris a resident of Sharpsburg, the developer and owner of the establishment spoke next. He stated that the building would be built beyond the minimum standards and there will be no projectile coming from the firing range. He stated that he was employed by the Fulton County Sheriffs office and was a patrol officer with the Union City Police Department. He managed several shooting tournaments for 17 years successfully with no injuries to participants. The reason for bringing the range to Tyrone is due to 70 % of their business being located in Tyrone, Peachtree City and Cannongate. It would bring a lot of business to the Town and increase the presence of law enforcement due to the contracts we have with the agencies. He stated that there will be no hazardous waste leaving the facility. The establishment is patrolled by the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) with strict guidelines that will be adhered to. He closed by stating the importance of gun safety and education. Mayor Dial then opened the Public Hearing for those who wish to speak in oposition. Lillian Wimbush who lives on Wynfield Drive in Tyrone spoke in opposition. Ms. Wimbush submitted a list of residents in opposition and documentation on the impact of a firing range in residential communities. Ms. Wimbush stated that the range would not be a good fit for a residential area. She stated that she is not against the 2nd Amendment however she did not want her grandson to visit with a gun range so close to her home. She stated that the residents she spoke with on Wilmington, Village Green and Wynfield Drive, closest to the rage are opposed. She ended by stating that she is a real estate agent and a firing range is not a good selling point. Lurma Rackley who lives on Kylemore Pass in Tyrone asked Council if they have considered statistics from Fayetteville or other Town’s regarding the location being so close to a residential area and how the increase of traffic would affect the Town. She was concerned about the range being located so close to a residential area and asked Council to consider the statistics. Christopher Brown who lives on Keswick Manor Drive in Tyrone spoke in opposition. Mr. Brown stated that you can be in favor of the 2nd Amendment, however putting a firing range in a residential area is not conducive to what is currently there. He stated that there are several uses that are conducive to the area; veterinarians, ATM’s, car washes, bed and breakfasts and several 5|Page more. He stated that he is a local attorney that also practices law in Kennesaw and stated that there is still crime in Kennesaw. He stated that if the gun shop/firing range is passed to be located at the Publix Shopping Center he will no longer shop there. Twanda Jennings who lives on Carriage Oaks Drive spoke in opposition. She stated that she was raised by a Police Officer and there were guns in the house. She has visited several shooting ranges to practice however none were located in a residential area. She ended by stating that she would not be comfortable letting her son go alone to a shopping center with a shooting range. Lelia Richardson who lives on Millsford Court spoke in opposition. Ms. Richardson stated that she also agreed with 2nd Amendment rights however she did not agree with the location of a shooting range located in a residential area. She stated that according to research completed by Americans for Gun Safety, in 2003, Georgia ranked 4th in the nation for supplying more crime guns than any other state. She stated from 1993-2002 more than 96,000 guns were stolen in Georgia. You swore an oath to attend to the citizens’ needs, as residents of Southampton we are telling you what our needs are. She ended by asking Council if they would vote yes if the shooting range was located in their backyard. Mike Smola who lives on Pendleton Trail in Tyrone spoke in opposition. He stated that he has been a resident for 19 years and Tyrone is a peaceful and quiet community that has grown. The proposed location is not the right location for a gun shop. He stated that he was aware of 2 incidents of gun fire at the Publix shopping center, why would you bring in a gun shop at that location. There are other locations that this could be located. Pota Coston who lives on Westbourne Drive in Tyrone spoke in opposition. She stated that she was a Federal Law Enforcement Agent for 29 years and agreed that the convenience of a shooting range in Town would be nice. She disagrees with having a shooting range so close to a residential area. She added that the Publix Shopping Center is the largest shopping center in town and has several cash businesses. The range would bring in the presence of law enforcement however there is a limit as to what they can do outside their jurisdiction. Willie Gripper who lives on Brunswick Drive spoke in opposition. Mr. Gripper stated that he is a Federal Certified Law Enforcement Training Officer. He stated that the issue is not with carrying weapons or the 2nd Amendment, the issue is the vision of the Council. If the vision of Council is the growth of Tyrone, then a gun shop should not be located in a residential area. It is all about location. The long term vision will have a negative effect on Tyrone with the gun shop in the Southampton shopping center. Tonya Miller who lives on Prestmoor Court spoke in opposition. Ms. Miller stated that she is a graduate of urban studies and has worked in city planning and development. She has worked in housing for over 15 years. She stated that she is not against guns and firing ranges, her father is retired military and a Sheriff. It is not a right fit in a residential area and will make it harder to sell homes. All traffic is not good traffic. 6|Page Brenda Richards who lives on Brunswick Drive spoke in opposition. Mrs. Richards is a 27 year military veteran and she understands the need to protect oneself. The issue is not whether or not to have a place to practice, the issue is the location. She stated that the noise issue has not been addressed. Charles West who lives on Westbourne Drive spoke in opposition. Mr. West stated that his concerns are the lead poisoning and people having weapons in parking lots and in their cars. Another concern is proper ventilation and how it affects the food at Publix. He stated that he was a Federal Agent for 34 years and is not opposed to a gun range in Tyrone. Mr. West stated that he recommends a more remote location in town for the gun range. Samuel Brown who lives on Keswick Manor Drive spoke in opposition. Mr. Brown stated that he has been a Georgia State Trooper for 28 years. He stated that there are other locations for a gun shop besides Southampton. He stated that criminals are attending gun ranges along with law enforcement officers. Larry Bennett who lives on Westmont Way spoke in opposition. He stated that the reason for his opposition is that this facility will not enhance his life or the lives of his neighbors in Southampton. He stated that there is a lot of vacant land in Fayette County. Why did the developer choose Tyrone? Wayne Mason who lives on Village Green Circle spoke in opposition. Mr. Mason stated that he moved to Tyrone from New York for a life change for his son. Among many reasons he chose Tyrone is because of its hospitality and the close proximity of baseball and football fields. He stated that a gun range would be 500 feet from his house, closer than the ball fields. Please put it somewhere else. If there was a gun range when he was looking for a home he would not have moved here. Gwen Lindsay who lives on Village Green Circle spoke in opposition. She stated that she is from New York also and moved to Tyrone because it is a beautiful Town and has great schools. She was never afraid to let her son play in the back yard; if the gun range is approved she will not feel safe to allow that. She will not be able to sleep due to the noise of the range. She stated that she does not mind the range in Tyrone just not in her neighborhood. Sharon Won who lives on Newcastle Lane spoke in opposition. She stated that she moved from Minnesota and chose Tyrone because it was a quite and peaceful Town. If the gun shop is approved there will be more crime. She spoke on behalf of her herself and her husband and stated that they do not want a gun shop and would not feel safe. Ms. Phan who lives at 106 Westmont Way spoke in opposition. She stated there are 3 schools located less than a mile away and her children are enrolled in Birch Elementary. Please consider at least 2,000 students enrolled in schools located near the gun shop. She moved from California to Georgia for a nice and safe neighborhood. Please consider and vote no. 7|Page Tony Merriweather who lives on Brunswick Drive spoke in opposition. The common thread tonight is where the gun shop should be located. I do not think most people tonight are against the gun range, just the location. You can satisfy most people if we all get together and talk about it and figure out a better location for the gun range. Mayor Dial asked Rusty Morris to approach to answer any questions the audience posed. Mr. Morris stated that currently there are only 4 locations a gun shop is allowed to go in the Town. One location is too small, the two other locations boarder a school and a neighborhood. Most cities, with the exception of Atlanta, allow gun shops in C2 and C3 zonings. I never promised there would not be criminals coming into the store but we will not sell them a gun, we are a higher end gun shop. There have been no complaints from our neighboring businesses in Newnan. He stated that statistics from the National Institute of Justice show that the more citizens are trained on how to use a weapon, crime goes down and there are less accidental deaths. He stated that ARCO Engineering located in Tyrone is designing the building and the HVAC system. The system will be a High-Efficiency Particulate Air (HEPA) filtration system. The company that will remove the filters is certified to remove hazardous waste. No hazardous waste will go into the environment. We have never had a gun sold that has been traced to a crime that has been traced to another state. The guns we sell are high end guns and are not the type used on the streets by criminals. The only death in a gun range in the last 10 years has been a suicide. If noise is a problem it will be corrected. We are over-engineering our building. There have been no reported incidences of shootings in gun range parking lots. If you go shopping or to a restaurant, odds are 1 out of 5 people are carrying a concealed weapon. Council Member Furr asked Mr. Morris to describe the process of the lead disposal. Mr. Morris stated that there is a steel trap and concrete walls along with 2 feet of rubber backing. Once a year a company that is certified in hazardous waste will come and collect the bullets in tact and dispose of them properly. A new rubber backing will then be replaced. All of this will be completed when the facility is closed. We have to follow EPA standards at all times. Council Member Furr asked if any lead could escape from the filtration system. Mr. Morris stated the HEPA filtration system does not allow any hazardous waste to escape. There is a three stage filtration system that traps any harmful waste; it will not be exhausted into the air. Council Member Furr asked how often the filters are changed. He stated that the filters are regulated to be changed every 6 months or sooner if needed. Mayor Dial stated that he contacted Sandy Springs to ask if there were any complaints regarding their firing range. He stated that their facility is 100 ft. from a residential area and their complaint was the noise caused by the exhaust fans. Mr. Morris stated that the Sandy Springs building was a converted building and they used the existing HVAC system. The Tyrone building is being built with a new HEPA HVAC system. Mayor Dial stated that you can hear gun fire from outside of Autrey’s firing range and asked if that would be the case in Tyrone. Mr. Morris stated that if there is an issue with noise after construction he will try and correct it. Mayor Dial asked for clarification on the changes the Planning Commission asked of Mr. Morris. Mr. Morris stated that the hours were reduced per request of the Planning Commission and bollards and a steel gate were placed in front of the building to reduce the possibility of a break in. A full time video system will be installed, and an alarm system with a back up will also be installed. 8|Page Council Member Howard showed concerns regarding the screening process for the purchase of a gun. Mr. Morris stated that the FBI requires a background check prior to owning a gun and he will adhere to that requirement. He added that the shop will not have “straw purchases”. A straw purchase is when an individual will purchase a gun for another individual. Council Member Furr asked Mr. Morris to clarify if there is any evidence of a rise in the crime rate due to a gun shop located in a city. He stated that the CDC stated that when more citizens own guns the crime rate is lower in that city. Mayor Dial mentioned per request of an audience member to delay the process for more discussion. Mr. Morris stated that the process thus far has taken a total of 14 months and he is currently paying on loans and does not wish for the process to be delayed any further. Council Member Housley made a motion to approve adding Gun Shops as a conditional use to the Commercial Downtown zoning district in Article V and to add the following conditions for Gun Shops to be locate in a Commercial Downtown zoning district in Article VII. The conditions for a Gun Shop are as follows; a) 12 inch bollards 42 inches high 4 feet apart to prevent vehicles entering the front doors and meet ADA standards, b) Steel roll down gate in front of entrance to prevent unauthorized entry, c) operating hours 10:00 am till 8:00 pm, d) alarm system on building to notify of unauthorized entry, e) camera security system to monitor building at all times for unauthorized activity, f) concrete poured walls in any area involving discharge of firm arms; and that Gun Shops may also have a firing range as an accessory use. Council Member Howard seconded the motion. Council Member Housley stated he would like to have a gun shop in Tyrone. He stated that prior to tonight he was not presented with facts for or against the gun shop from the public. He stated that he only received 4 emails prior to the meeting. He shared his frustration with the burden of making a decision based only on what he has heard tonight. He agrees that the gun shop could be located in a different site. Council Member Matthews stated that his issue is with the location being so close to a residential area. Council Members Furr and Howard voted to approve. Council Members Matthews and Housley voted in opposition. Mayor Dial broke a tied vote by voting in favor to approve. Motion was approved 3-2 5. Consideration of Text Amendment T- 2012-4 to revive the language which describes and regulates the Limited Use Residential District under the prior Zoning Ordinance for the Town of Tyrone. Attorney Davenport briefed Council regarding this item. At the time the Zoning Ordinance was revised it was thought that Limited Use Residential could transition into the R-18 zoning district. 9|Page He added that Limited Use Residential had half acre lots and would be non-conforming to the required 1 acre lots for R-18. The Planning Commission recommended approval to revive the language which described and regulated the Limited Use Residential district under the prior Zoning Ordinance. This would revise Section C-1 item d to read; Buffer areas must be maintained in accordance with the Zoning Ordinance. Mayor Dial opened the Public Hearing for anyone speaking in favor of this item. No one spoke. Mayor Dial then opened the Public Hearing for anyone who wished to speak in opposition. No one spoke. Council Member Matthews made a motion to approve Text Amendment T 2012-04 to revive the language which described and regulated the Limited Use Residential District under the prior Zoning Ordinance for the Town of Tyrone. Council Member Housley seconded the motion. Motion was approved 4-0 OLD BUSINESS: None. NEW BUSINESS: None. Public Comments: Christopher Brown spoke again. His concern was that a member of the Planning Commission’s company has been contracted to construct the shooting range. Council Member Howard and Attorney Davenport assured Mr. Brown that the Commission Member did not participate in this item when it was presented to the Planning Commission. He excused himself from the Planning Commission meeting when it was discussed. Mr. Morris offered Council Member Housley with information on statistics regarding the gun shop. Tonya Miller spoke again. Ms. Miller thanked Council Member’s Matthews and Housley for their votes against the gun shop. She stated that if the homeowners were asked 14 months ago prior to the start of this project they would have had more time to gather questions and arguments. The Tyrone Police Department is doing a great job for the Southampton subdivision the issue is not crime, it is location. Pota Coston spoke again. She addressed Council Member Housley’s comments about citizens not informing him of their concerns. She stated that in October during the Planning Commission meeting for the comprehensive update to the Zoning Ordinance, it was discussed to redefine the wording for an armory. When the Chairperson was questioned regarding rumors of a gun range 10 | P a g e coming to Town there was no response. She stated that at the last Planning Commission Public Hearing there were citizens in attendance to voice their concerns. She stated that if the public would have had knowledge of the gun range coming to Town sooner or an additional Public Hearing was held then Mr. Housley would have heard from citizens prior to tonight’s meeting. Phil Seay a Newnan resident then spoke. He stated that he has been assured that the zoning comprehensive update will not change the zoning from when he originally purchased the property in 1987. He stated that initially the zoning for the Publix Shopping Center was denied. He then sued the Town and won for his property rights. He feels the gun shop will be a safe and efficient business. E.H. Moldenhauer Jr. who lives on Castle Lake Drive then spoke. Mr. Moldenhauer stated that he was a Planning Commission member during Mr. Seay’s situation. The Planning Commission at the time advised the Council to allow Mr. Seay’s request and after thousands of tax payers dollars were tied up in litigation Mr. Seay was awarded his request. He then stated that the gun shop would have been legal in the previous PUD Zoning. He added that in his opinion there is not another business man in Tyrone with higher character and the business will be run according to the most stringent standards. Staff Comments: None. Council Comments: Council Member Howard stated the new Centennial Books have arrived at Town Hall. Including preordered books there is a total of 200 for sale for $29.00 from 8:00 am to 5:00 pm Monday through Friday. Council Member Matthews asked Council to review the revised Founder’s Day Sponsorship form and to make Jennifer Patton aware of any changes they would like made. He stated that he and Ms. Coston made changes to the document. He added that he has reservations allowing sponsors to have complimentary arm bands for rides being that is costs the Town. He will be in contact with the Carnival to see if they would offer the bands at no cost to the sponsors. Executive Session: Pursuant to O.C.G.A. § 50-14-4 (b) of the Open and Public Meetings Act, Council will meet in Executive Session to deliberate: 1. Real Estate Acquisition. Council Member Furr made a motion to go into executive session. Motion was approved 4-0. Attorney Davenport briefed Mayor and Council on an item of real estate acquisition. Council Member Matthews made a motion to authorize Mr. Davenport to proceed. Council Member Housley seconded the motion. Motion was approved 4-0. 11 | P a g e Reconvene Council Member Furr made a motion to reconvene into regular session. Council Member Howard seconded the motion. Motion was approved 4-0. Mayor Dial reported that Attorney Davenport was authorized to move forward with the real estate acquisition. Adjournment Council Member Furr made a motion to adjourn. Council Member Matthews seconded the motion. Motion was approved 4-0. The Town Council Meeting adjourned at 10:00 p.m. By:________________________ Attest:______________________ Eric Dial, Mayor Dee Baker, Town Clerk 12 | P a g e

Agenda

Tyrone Town Council Agenda Thursday, March 1, 2012 7:00 PM Call to Order Tyrone Town Council Invocation by Ross McAfee, Operation Mobilization Eric Dial Mayor Gloria Furr Mayor Pro Tem, Post 4 Pledge of Allegiance Linda Howard Post 1 Ryan Housley Post 2 Public Comments Ken Matthews Post 3 Staff Approval of Agenda Brandon Perkins- Police Chief/Interim Town Manager Dennis Davenport- Town Attorney Penny Hunter- Finance/HR Director Dee Baker- Town Clerk CONSENT AGENDA: All matters listed under this item are considered Meeting Information st rd 1 and 3 Thursday of each month to be routine by the Town Council and will be enacted by one motion. 881 Senoia Road There will not be separate discussion of these items. If discussion is Tyrone, GA 30290 desired, that item will be removed from the consent agenda and will be 770-487-4038 considered separately. Web Site www.tyrone.org Approval of Minutes, February 16, 2012 Public Comments ▪The first public comment is reserved for Tyrone residents PRESENTATIONS/RECOGNITION: only. ▪The second public comment is PUBLIC HEARING: for all citizens. ▪Comments are limited to three minutes. 1. Consideration of Rezoning Parcels; Public Hearing R 2012-01- The ▪Please state your name and following Tax Parcel ID#’s : address. 0726017;0707073;0727083;0727041;0727072;0707063 and 0738149 from ▪Comments that require a Limited Use Commercial (LUC) to Downtown Commercial (C-1) response may not be answered during this time, Council or staff may respond at a later 2. Consideration of Rezoning Parcels; Public Hearing R 2012-02- date. a) All following properties located west of Highway 74 in the vicinity of and including the Publix Shopping Center comprised of the following Tax Parcel ID #’s 0726024;0726026;0726025;0726050;0726023;0726051;0726029;0726037;07 26063;0726038 and 0726020 from Planned Unite Development (PUD) to Commercial Highway (C2). Town of Tyrone Council Agenda March 1, 2012 Page 2 b) All following properties east of Highway 74 and west of Senoia Road. Comprised of the following Tax Parcel ID#’s 0726002;0726035;0726000;0726036;0726043;0726042;0726041;0726031;0726039;0726030 and 0726040 3. Consideration of Text Amendment T- 2012-01 to add Doctors/Physicians offices to Permitted uses under the Commercial Highway (C1) Zoning District. 4. Consideration of Text Amendment’s T- 2012-2 and T- 2012-3 to add Gun Shops to the Commercial Highway (C2) Zoning District as a Conditional Use. 5. Consideration of Text Amendment T- 2012-4 to revive the language which describes and regulates the Limited Use Residential District under the prior Zoning Ordinance for the Town of Tyrone. OLD BUSINESS: NEW BUSINESS: Public Comments Staff Comments Council Comments Executive Session Adjournment

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