January 28, 2008


The City of Union council meeting was called to order by Mayor Goudy on January 28, 2008, Monday night at 7:30.


Attendance was taken and the following council members were present:  Mr. Bruns, Mrs. Kyle, Mayor Goudy, Mr. O’Callaghan, and Mrs. Perkins.


Other city staff members present were John P. Applegate, City Manager, Denise Winemiller, Clerk of Council, and Joe Moore, Law Director.


          Mayor Goudy said that Mrs. Winemiller said Mrs. Terry had called saying she was ill and had asked to be excused from attending the council meeting. 


Mayor Goudy moved to excuse Mrs. Terry from attending the council meeting.  Mrs. Kyle seconded the motion.  All concurred and Mrs. Terry’s absence was excused.


Mayor Goudy called for a moment of silence.


1.       Mayor Goudy asked if there were any additions or corrections to the council minutes from the January 14, 2008 council meeting.  There were no corrections and Mr. O’Callaghan moved that the minutes be accepted as prepared.  Mayor Goudy seconded the motion.  All concurred and the minutes were accepted.


2.       There were no comments from the citizens and visitors in the audience.




Mr. Applegate said this was the ordinance that was tabled from the last meeting and the subject of the public hearing.  He said it was staff’s recommendation that the council pass this re-zoning change. 


Mr. Bruns moved that Ordinance 1441 be declared an emergency for the reasons set forth in the ordinance.  Mr. O’Callaghan seconded the motion.  All concurred and the motion was passed.


Mr. Bruns then moved to have the one and only reading and adopt emergency Ordinance 1441.  Mr. O’Callaghan seconded the motion.  All concurred and emergency ordinance 1441 was adopted.


4.       Open Agenda


Mayor Goudy announced that she would be accepting applications to fill the vacant council seat.   She asked that any interested person submit a letter to the attention of the Mayor, requesting to fill the position.  February 12 is the deadline and letters should be sent to city hall.


Mr. O’Callaghan commented on the waste summary that was in the council packets.  He asked if the recycling amount was close to what they have done in the past.  Mr. Applegate said it had gone down slightly. 

He said they have put information in the newsletter and hoped to get people more involved but so far they have not seen much of a change.


Mayor Goudy said when she has driven past Phillipsburg-Union Road, the construction is moving forward.  She asked what the timetable was on that.  Mr. Applegate said they have six more service lines to install and five more sewer laterals.  They will install some sidewalks and approaches.  They are looking at the middle of March and will still have to do the asphalt.  Depending on the weather, the asphalt companies start producing asphalt the first of April.


Mr. Bruns had a question for Mr. Moore.  He said they had asked for letters for a person to fill the vacant council position.  He said they are giving them fifteen days, until February 12 to fill the position.   Mr. Bruns said that the vacancy is to be filled within thirty days of the official announcement that the vacancy exists.  Mr. Bruns asked if they had formally announced that the vacancy existed on January 14 in which case the position should be filled by February 14, which would be two days after the February council meeting.  Mr. Bruns asked if they would need to have a special meeting to make the appointment or if the day the council asked for applications is the official announcement of the vacancy. 

          Mr. Moore said he thought the intent was that the official date was when they asked for applications and that is the official announcement.  Mr. Moore said they would have thirty days from this meeting, January 28, 2008.  Mr. Bruns determined that they had until the meeting of February 25 to fill the vacancy.


          Mr. Applegate said he wanted to discuss why Ordinance 1441 was passed as an emergency.   The deadline for the job ready site application is February 28, 2008, which is why the ordinance needed to be passed in one reading instead of going through three readings. 


          Mr. Moore said there are provisions in the city charter about how appointments are made for vacancies on the council and the procedures on what to do to have people appointed to council.   That is what he had referred to in answering Mr. Bruns’ question.


5.       Mayor Goudy moved that the council meeting be adjourned.  Mr. O’Callaghan seconded the motion.  All concurred and the council meeting was adjourned.


Respectfully submitted,




Denise A. Winemiller, Clerk of Council



Michael O’Callaghan, Vice Mayor