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HomeMy WebLinkAboutFebruary 28, 1995OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
SPECIAL COUNCIL MEETING
FEBRUARY 28, 1995
The Special Council Meeting was called to order byMayor Sturdevant
at 7:05 p.m.
Jolly, Ruettimann, Peterson, Sturdevant - present
PURPOSE OF SPECIAL MEETING
Discuss and address inquiries as to Bruce Nawrocki's request
for appointment to the City Council.
The City Manager reviewed the history of Mr. Nawrocki's
resignation from the City Council and the ensuing Council
actions.
At the December 12, 1994 Council Meeting, Mr. Nawrocki
submitted his resignation letter with the resignation being
effective December 31, 1994. A council vacancy was declared by
the Council at its January 9, 1995 Council Meeting.
The vacancy was discussed at the February 6, 1995 Council Work
Session as was a letter dated February 6, 1995 received from
Mr. Nawrocki. This letter stated his interest in being
considered for appointment to the vacancy. A letter was also
received from Ms. Nan Tilkens indicating her interest inbeing
considered for appointment to the vacancy. Ms. Tilkens
withdrew her request shortly thereafter. Similar requests were
received from Mr. David Abraham and Mr. James Johnson at a
later time.
A City Attorney's opinion had been sought and responded to
regarding the appointment process.
The City Manager advised there was discussion about Mr.
Nawrocki's eligibility and qualifications regarding the
appointment and some discussion relative to charter
requirements. He noted that PERA, the retirement fund which
had required Mr. Nawrocki to resign from the Council, has
formally declined to provide the City with information about
the disposition of his retirement if he were to be appointed
to the Council.
The City Manager referred to all of the correspondence
received about this appointment and vacancy.
SPECIAL COUNCIL MEETING
FEBRUARY 28, 1995
PAGE 2
Mr. Nawrocki read a prepared statement which addressed his
interest in being appointed to the Council, his qualifications
to serve in this position, his observations relative to his
pension, and what action he may have to take if his pension
were to bedenied based on his appointment to the Council. He
distributed to the Council copies of the PERApolicy regarding
working after retirement in the public service sector.
The resident at 3974 Quincy Street supports Mr. Nawrocki's
appointment. She recalled how helpful he had been with an
issue regarding a proposal for Huset Park.
The resident at 5129 Seventh Street, who serves on the Charter
Commission, questioned the ethics and fairness of the process
and felt the delay with handling the matter was poor.
Councilmember Ruettimann responded that there is no procedure
in place to address this situation and this has contributed to
the problem.
The resident at 3939 Van Buren Street suggested negligence on
the Council's part resulting in the delay. She indicated her
intention to apply for appointment to the Charter Commission.
She also acknowledged having received some incorrect
information regarding the appointment process and activities
of Mr. Nawrocki as representing the City since his
resignation.
The resident at 625 47th Avenue had written a letter
supporting the appointment of Mr. Nawrocki. She also spoke to
this matter at the Special Meeting.
A former Mayor stated his opinion that Mr. Nawrocki brings
superior qualifications to the vacancy and was supportive of
his appointment.
The resident at 1137 44 1/2 Avenue was not supportive of Mr.
Nawrocki's appointment citing various issues and activities in
which Mr. Nawrocki participated in what the resident viewed
a detrimental way.
The resident at 1221 39th Avenue felt this special meeting was
the proper thing to do as she views public input as a
priority. She felt Mr. Nawrocki should not be appointed to the
vacancy and other shouldbeqiven the opportunity for service
on the Council. She had some questions regarding Mr. Nawrocki
continuing to receive City material he formerly received as a
seated Councilmember. The City Manager responded to her
questions. She also observed that some councilmembers appear
to agree that the process for appointment needs to be more
clearly defined.
SPECIAL COUNCIL MEETING
FEBRUARY 28, 1995
PAGE 3
The resident at 1037 43rd Avenue supports the appointment of
Mr, Nawrocki and feels the issue has been blown out of
proportion,
The resident at 4200 Madison Street inquired how similar
situations involving PERA retirees had been handled,
Councilmember Jolly noted there had been a somewhat similar
situation last year but was not sure it was analogous, He
spoke to his own experiences as a retiree from public service
and an office seeker,
3. CONSIDER APPOINTMENT TO FILL THE CITY COUNCIL VACANCY
This appointment will run until the end of the year but the
seat will be on the ballot for the 1995 municipal elections.
Councilmember Jolly inquired if Mr, Nawrocki could complete.
the term. Mr. Nawrocki responded he is prepared to serve, He
noted that PERA does not have an exact precedent to his
situation, He also stated he would have to resign if PERA
decided to interrupt his retirement benefits based on this
appointment,
Councilmember Jolly noted that all members of the Council
agree that Mr, Nawrocki's experience and credentials to serve
on the Council are superior, Their primary concern was if they
appointed him to the Council this may jeopardize his
retirement pension, Councilmember Jolly holds the opinion that
the PERA Board would not act in Mr, Nawrocki's favor,
Councilmember Ruettimannsaid his only concern is this vacancy
would have to be addressed again if Mr, Nawrocki were forced
to resign again to receive his retirement benefits,
Councilmember Peterson stated he could not support Mr,
Nawrocki's appointment because he could not guarantee the
entire term would be fulfilled,
Mayor Sturdevant suggested this matter should be discussed at
the March 6th Council work session,
The City Manager recommended a process to receive applications
from those interested in being considered fort he appointment.
Receipt of applications would beclosed on March 13th with the
applications received being presented to the Council at the
Regular Council Meeting on that date, He reviewed the
accompanying publicity in the local newspapers and on cable
television. The applications could be reviewed for two weeks
and the appointment could be made at the March 27th Council
Meeting,
SPECIAL COUNCIL MEETING
FEBRUARY 28, 1995
PAGE 4
There was a five minute recess taken from the Special Meeting.
Motion by Sturdevant to appoint Bruce Nawrocki to the City
Council vacancy.
Hr. Nawrocki explained the PERAstaff process relative to his
situation. He feels he has some legal standing.
Motion dies for lack of a second.
Motion by Paterson, second by Ruettimann to publish notice
that formal applications for appointment to the City Council
vacancy for the term expiring at the end of 1995 will be
available and taken at the City Hall Clerk's Office until 4:45
p.m., Monday, March 13, 1995 at which time they will be
immediately forwarded to the City Council at the March 13,
1995 Regular Council Meeting. Consideration of the applicants
and/or motion to appoint a citizen to the vacancy from the
group of applicants will be considered at the March 27, 1995
Regular Council Meeting. The person shall take office after
which time he or she shall be sworn in. Roll call: All ayes
4. ADJOURNMENT
Motion by Paterson, second by Ruettimann to adjourn the
Special Council Meeting at 9:30 p.m. Roll call: All ayes
j.~ ~///kayo~ Jos~eph Sturdevant
o-Anne Studen't,~=ouncil Secretary