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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