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~~t7 January 6, 2004 The Mooresville Town Council txtet in regular session on Tuesday, January 6, 2004, at 6:30 PM at the Mooresville Town Hall. Council members present: Toby Dolen, Troy Bryant, John L. Clark, and Tom Warthen. There was a vacancy due to the resignation of Mark Mathis on Dec. 31, 2003. Attorney 'l'i,m Currens was present. Councilman Warthen gave the prayer. A motion was made by Councilman Clark, a second by Councilman Warthen to approve the minutes of Decentbcr l6, 2003. Motion carried 4-0. Reorganization: A motion to nominate Tom Warthen for Council President was made by .President Toby Dolen with a second by Councilman Bryant. Motion carried 3-0. First on the agenda was Ross Holloway of Holloway Engineering for Susan Leib requesting a rezolte of property oIi Highway # 144 close to Five Points from a B-l to a B- 2. Thu Plan Commission had given this a Favorable vote, 5-2, to the Town Council. Mr. Holloway explained there was business all around her property. Council President Warthen asked Councilman Bryant to give his thoughts on the request since he is also on the Plan Commission. Councilman Bryant said there was a concerll about the neighbors. He voted for the rezone because he didn't think it would change that area all that much to be a B-2. He also said they needed to take a look at the comprehensive plan because they didn't want to let business sprawl out. A motion was made by Councilman Clark, a second by Councillrlan Dolen to approve Resolution #1,2004 rezone B-1 to B-2. Motion carried 4-0. Next on the agenda, Ross Holloway from Holloway Engineering representing Tom Ferguson anal Jeff Cave concerning a petition to vacate part of old St. Rd. 67 located close to Poe's Restaurant. Mr. Holloway said. he had already given Attorney Currens the petition request and Attorney Coffee would be handling the request. Mr.1-Tlloway told the couTacil he was here to request the council set a hearing date. Jeff Cave's property is between old and new Highway 67 and immediately to the west that porkion of the highway had been previously vacated even though he can't rnd a vacation record, the property is itt Mr. Cave's name in the Auditor's ofl"ICe. lIi order for Mr. Cave to expand his business he needs to vacate this portion of Highway 67. It does not cut off the access to anyone else. The only one who would .have used this portion would have gone to the west to property Mr. Cave recently purchased. Mr. Holloway told the council there were utilities there and there would need to be aright-of--way. Mr. Holloway said for the council to look at the map and they would see there was a problem. Since it was not used by the public there is a building built across the line into the right of way and part of it is .fenced off already, but for title insurance purposes they request this part be vacated and a hearing date set. Councilman Bryant asked if Mr. Cave's businesses were and Mr. Holloway said they were immediately south. whore the car lot is and two one story frame buildings and the metal building he has purchased. Council President Warthen asked how far hack before it ties into what is in current use. Mr. Holloway said nothing from this point north has been vacated. Councilman Bryant asked if the State would have plans showirlg this area. Mr. Hollow~iy showed hiltt a map fzom the county that does show this. M.r. Holloway will make a detailed drawing for the hearing. A motion was made by Councilman Clark and a second by Councilman Dolen to set February 17, 2004 for a Public Hearing on this matter.. Motion carried 4-0. Next on the ageltda was Ray Young Addition. Council President Warthen told the council Mr. Mudd was present at the meeting and he was at the last meeting. A letter. was received before the meeting from the Morgan County Health Department concerning his septic system. President Warthen said this was a project that had been going on for some time: and he had learned a lot over the last year about annexations and new projects in the un-incorporated existing additions and trying to put sewer lines into tliern. At the last