HomeMy WebLinkAboutMINUTES-05/28/1970-Regular-222
May 28, 1970
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MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held
Thursday, May 28, 1970, at 1:30 o'clock P.M.
Present: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. City
Manager Coffey, Assistant City Attorney March and Director of Public Works Liquin.
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the
reading of the minutes of the last regular meeting held May 21, 1970, be dispensed with.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton,
and Kruchten. Nayes: None. The Mayor declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 28, 1970
BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING
THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that
Ordinance No. 28, 1970, be adopted. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor
declared the motion adopted.
The following ordinance was presented on second reading:
ORDINANCE NO. 29, 1970
}' BEING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT COLLINS BY CHANGING
THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY
Motion was made by Councilman Lopez, seconded by Councilman Troxell, that
Ordinance No. 29, 1970, be adopted. Roll was called resulting as follows: Ayes:
�? Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor
declared the motion adopted. .
The following ordinance was presented on second reading:
ORDINANCE NO. 30, 1970
BEING AN ORDINANCE AMENDING SECTION 5-36 OF THE CODE OF ORDINANCES OF THE CITY OF FORT
COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO PIN AND BALL MACHINES, AND DELETING THE
PROHIBITION AGAINST PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PLAYING ON SUCH MACHINES
Motion was made by Councilman Kruchten, secondedCgMAIT on, that Ordinance No.
30, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
The following resolution was presented and read at length:
RESOLUTION 70-58
OF THE COUNCIL OF THE CITY OF FORT COLLINS COMMENDING MEMBERS OF THE MUNICIPAL COURT.
WHEREAS, it has been necessary to,operate the Municipal Court for the immediate
preceding year with the services of the Judge of the Municipal Court not being available:.
and ' .
WHEREAS, during this time, John E. Kochenburger, Hugh H. Drake and James P.
Johnson have, at great personal sacrifice to their own individual law practices, conducted
the business of the junicipal Court of the City of Fort Collins in a most commendable
fashion; and
WHEREAS, the members of the City Coun cil of the City of Fort Collins believe
that appropriate recognition should be made for such outstanding personal sacrifice on the
part of said John E. Kochenburger, Hugh H. Drake and James P. Johnson.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that
said John E. Kochenburger, Hugh H. Drake and James P. Johnson be and they are commended
for their services to the City of Fort Collins and the residents thereof in conducting
the work of the Municipal Court for said period; and
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BE IT FURTHER RESOLVED that a certified copy of the within resolution be delivered
-to the within mentioned individuals.
Passed and adopted at a regular meeting of the City Council held this 28th day
of May, A. D. 1970.
/s/ Karl E. Carson
r
Mayor
ATTEST:
/s/ John Bartel
City Clerk
Motion was made by Councilman Troxell, seconded by Councilman Lopez, that this
resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson,
.Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
The revised policies and procedures of the Light and Power Department, which were
adopted a year ago, were discussed. The Mayor and City Manager both thought this should
be thoroughly reviewed. Mr. Stan Case, Light and Power Director, was present and stated
that they were just updating this from a year ago and that the changes were minor. Mr.
Bob Kost, Electical Engineer, pointed out -the changes. He stated that the entire commercial
section is new, that it is based on the individual,.and not,how but how to get together
with the department to do the planning, that the multiple occupancy has been followed
since a year ago, but not in as much detail. He stated that a year ago they sent a copy
of this report to the developers for their comments and after getting their comments, they,
drew up this draft, that they found out where the problems were and tried to clarify these
problems. Motion was made by Councilman Kruchten, seconded by Councilman Troxell,that
the report be accepted and the matter be referred to the City Attorney for the pre-
paration of the necessary resolution. Roll was called resulting as follows: Ayes:
Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes: None. The Mayor
delcared the motion adopted.
The City Manager advised the Council that he had purchased 54 shares of the
North Poudre Irrigation Company for $1,200.00 a share, from J. Donald Morgan, James B.
Garton and Ivan L. Nichols. Motion was made by Councilman Kruchten, seconded by Councilman
Lopez., that the City Manager be authorized to execute the agreement. Roll was called
resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten.
Nayes: None. The Mayor declared the motion adopted.
The following communication was presented and read at length:
TO: Honorable Mayor and Councilmen
THROUGH: Mr. Tom Coffey, City Manager
FROM: Mr. E. M. Kuppinger, Purchasing Agent
SUBJECT: PICNIC SHELTER BID
Bids have been received and evaluated covering considerationfor purchase of a Wooden
Picnic Shelter, 20' x 60' for C%ty Park.
A summary of the bids are as follows:
Don Bridwell $ 3,240.00
W. K. Livingston 3,287.00
Folmer Pedersen 3,542.00
Ft. Collins Const. 3.,667.82
Al Hockett 4,353.00
Kechter Const. 4,534.53
Mr. H. R. Phillips, Director of Parks $ Recreation, has evaluated the bids and all
specifications have been met by the 1-ow bidder.
The recommendation is that Don Bridwell be awarded the contract in the amount of
$3,240.00.
Respectfully submitted,
w
/s/ E. M. Kuppinger
Purchasing Agent
Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that the
recommendation of the Purchasing Agent be accepted and the low bid of Don Bridwell be approved.
Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton
and Kruchten. Nayes: None. The Mayor declared the motion adopted.
Mayor Carson stated that there had been several comments about camping at the
City Park and asked the City Manager how long campers were allowed to stay there. The City
Manager stated 10 days, but there had been no _problems. The Mayor stated he thought.that
was too lenient and suggested that it just be allowed over night or less. T,e Assistant
City Attorney advised th@ Council that this matter should be referred to the Parks and
Recreation Department for their recommendation. After discussion, motion was made by
Councilman Lopez, seconded by Councilman Kruchten, that this matter be referred to the
Parks and Recreation Department for study and recommendation. Roll was called resulting
as follows: Ayes: Councilmen Carson, Troxell, Lopez, Chilton and Kruchten. Nayes:
None: The Mayor declared the motion adopted.
This being the date of the hearing on the Southland Corporation dba The 7-Eleven
store, SOS South Shields, for a Fermented Malt Beverage License, the Assistant City
Attorney advised the Council that the application was in proper form and the posting and
Publications had been taken care of and was ready for hearing.
Mr. Russ Pugh, Attorney for Southland Corp.,. appeared and presented petitions
from business houses and area residents and customers, stating there were 2S3 from customers,
3 signatures of area residents, two signatures being under age.
55 being age 18 and 21, and 13
These petitions were received by the Council as evidence.
Mr. Kelly Parker, District Manager of the 7-Eleven Stores in northern Colorado,
took the stand. He stated that there 32 stores in that area. He was asked howmany had
off premise licenses. He stated there were 21.
Mr. Bud Henderson, 204 Milky Way appeared, stating he had lived in Fort Collins
2 1/2 years and is supervisor of the Loveland, GreelW and FortCollins stores. Councilman
Lopez asked if they had enough help to check the ID's. He stated they did. Councilman
Troxell asked the procedure of checking them. He stated they required the persons drivers
license with picture and something to prove that this ID belongs to that person..
Mrs. Audrey Weitzel took the stand, stating she was manager of the 7-Eleven
store at 505 South Shields, lived at 2630 West'Mulberry and lived in Fort Collins 16 1/2
years. She stated that all the 7-Eleven stores had the same policy in the selling of beer, and.
that if the drivers license does not have picture, they cannot b uy beer. Councilman
Kruchten asked if there was any other outlet within 2000 feet. She stated no other outlet;
in that area.
The Mayor asked if there were any other questions.
Mr. Justus W. Wilkinson was present and stated he_objected to the granting of
this license because of the increase in traffic on Mulberry and Shields, which is already
a very busy intersection.
The Mayor declared the hearing ended and advised the Southland Corp. that the
Council will take this application under advisement at a later date.
The following communication was presented and read at length:
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May 28, 1970
Honorable Mayor
and Members of Fort Collins City Council:
Because of the nature of my work I will need to be absent from themeetings
of the City Council from June llth through 'uly 23rd. I would need to miss seven
council meetings in order to teach teachers of migrant children. I feel that I can
make a contribution to this work at Cheney, Washington and thus ask you to consider
this an excused absence.
Sincerely yours,
/s/ William Lopez
Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that
this request be granted. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Chilton and Kruchten. Nayes: None. The Mayor declared the motion
adopted.
The Mayor declared the Council adjourned and reconvened to act as a Liquor
Licensing Authority.
The Assistant City Attorney presented the following resolution which was
read at length:
FINDINGS AND RESOLUTION 70-59
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING
AUTHORITY CONCERNING AN APPLICATION FOR ENLARGEMENT OF PREMISES IN CONNECTION WITH A
RETAIL LIQUOR STORE LICENSE
The application of William G. Goff to enlarge premises in connection with a
retail liquor store license came on for hearing on May 21, 1970, in the Council Chambers,
City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law.
The authority, having heard the evidence introduced at the hearing and having
examined the documents introduced and having heretofore held a preliminary hearing and
issued findings in writing on said preliminary.hearing, now makes the following findings:
1. The applicant now operates a.retail liquor store pursuant to a license
granted by this authority and the State licensing authority.
2. The neighborhood to be served under this applicationis a sdefined in the
prelimnary findings of the authority. -
3. Nothing contained in C.R.S. 1963, Section 75-2-39 prohibits the enlargement
of the premises as applied for.
4. The application is in proper form.
S. The evidence presented at the hearing justifies approval of the application
to enlarge said premises.
6. The building into which the premises are to be enlarged is presently
existing; however, the applicant has agreed in connection with the remodeling to be done
to enlarge the premises to comply with the following requirements of the Building In-
spector, to -wit: to provide a conforming Fear exit in the premises and to fire protect
the exposed steel beams and posts and provide a one -hour rated ceiling in the balance of
the building, and the applicant should not be permitted to use the enlarged premises
until such requirements are complied with.
RESOLUTION ')0-Gq
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSIN G
AUTHORITY CONCERNING AN APPLICATION TO ENLARGE THE PREMISES IN CONNECTION WITH A RETAIL
LIQUOR STORE LICENSE
Be it resolved by the Council of the City of Fort Collins, acting as the local
liquor licensing authority, that the applicatvn of William G. Goff to enlarge the pre-
mises in connection with a retail liquor store license be and the same hereby is granted
in accordance with the findings of the authority herein.
Passed and adopted this 28 day of May A. D. 1970.
22
/s/ Karl E. Carson
Chairman
ATTEST:
/s/ John Bartel
City Clerk
seconded by Councilman Kruchten, that this
Motion was made by Councilman Lopez,
resolution be adopted. Roll wa s called resulting as follows: Ayes: Councilmen
Nayes:None. The Mayor declared theCarson, Troxell, Lopez, Chilton and Kruchten. _
motion adopted.
The following report .was presented and read at length:
May 29. 1970 `.
T0; The Honorable -Mayor and City Council
FROM: Tom Coffey, City Manager
Gentlemen;:
Rentfro;
I have reviewed the written report of Professor William E. •
ndings of fact with regard
who was retained by the City to hear and make fi
to the charges against Sgt. Terry Rains fildd by the League for United
Latin American Chicheis basedon
ns ofluponllithesfindirfgseby of factxmade byport Professor
these charges,
Rentfro. I have also reviewed the transcript of the hearing.
In his introduction to his xeport, Professor Rentfro makes the
articularly
-following statement, which I feel is pertinent to these charges, p
in light of our present times: One could not escape the fact that it
(the job of a police officer) is a tough occupation. It is not easy e
" to reserve the peace as -
exercise authority and poser, to protect the community, to enforce the
law as well as constitutional and human rights, p
well as .human dignity, xithout ma
k"ing mistakes. ,
There was much conflicting and contradictory testimony. Memories.
norecords. Those in attendanc
did not always square with written e demon -
did d quite different attitudes toward the police. This is most under-
•-"standable in our society:
There are those who are against the police and for whom the police
are generally a bad lot. There are those who are for the police and for
whom the police can. do no wrong. 'The truth is never simple for the
police or any other vocation or profession.' It must be recognized that
police are often criticized.when they do the right thing as well as the
wrong thing. No one likes to be restrained by an outisde authority; b
an armed man in uniform with the power to arrest, and to place in jail.
Sometimes tng
he difference between right pollice action ?ndSometimes it
action is not clear. R'hen is d policeman
doing
a good job? ding to the
depends upon whose ox is being g _.
_-vierrpoint, prejudices, and positions of those who answer. People differ
in expectations and standards, and they differ concerning when, whether,.
and how a policeman should act.
0
In this case the complaining parties°have the burden fs re not pro
the charges against Sgt. Rains.
xs allegations.an direct conflict
beloieestimonytconcerning
This is a case in which there
most of the charges. The Hearing Officer must believe one version and
disbelieve the other; it is his duty to determine the weight, relevancy
and authenticity of evidence and "call it as he sees
}�
I will review the complaints in the. order presented:
COMPLAINT NO: 1
'
That on or about December 23, 1966, Sgt. Rains entered upon the
ground of Mrs. Henretta Serna, Age S7, of 100 E. Lincoln, Fort Collins,
Colorado, and physically assaulted Mr's. Serna by grabbing, pulling and
shaking her. Further, that.Sat. Rains used abusive and insulting language
to Mrs. Serna.
-.FINDINGS:
JMr.
Rentfro found as follows: "The evidence convinces the undersigned
(Rentfro) that Sgt. Rains was not the officer who appeared at 100 E.
Lincoln on December 23, 1966 to arrest either Alarid or Serna. The
by Mrs. Serna and Martha Griego is based upon memory of an
:identification
incident happening after dark over three -years ago. There is a certain
similarity in the appearance of police officers wearing identical
uniforms. At one point in her testimony Mrs. Serna asked: "well,
wasn't it Terry Rains that arrested Ralph (Alarid)?" Martha Griego,
who was with Mrs. Serna at the time of the -incident, testified that
Rains arrested /Alarid after he pushed Mrs. Serna down the steps, and
..that Rains returned later and arrested Serna. however, when confronted
with Officer Gibson's incident report, and asked whether it could have
been Gibson that arrested Alarid, she relied: "It could have been.
T don't know."
Memories can be faulty. written incident -reports prepared at the
time are consistent with the testimony of Sgt. Rains and indicate that he
was not involved with Mrs. Serna on December 23, 1966. The Hearing
Officer concludes that Charge 1 is not substantiated by the facts."
COMPLAINT NO. 2
That'on or about April 1968, Sgt. Rains used abusive police authority
toward Ed Batty of 1000 N. Mason, Fort Collins, Colorado, when he went
- to post bond for his brother, Lyle S. Batty.
FINDINGS-`
Mr. Rentfro found as follows: "The undersigned (Rentfro) is persuaded_
- by the evidence and finds that the facts 'substantiate Charge 2; that Sat.
Rains did use abusive police authority'toward Ed Batty. There is little
material difference between Sgt. Rain's written account of the episode
Officer is
and the testimony of Batty and Bushnell. The hearing persuaded
-that Batty did irritate Sgt. Rains; -probably rade him angry. Batty was
not without fault; he should have left the room; he should not have
jerked his arm away."
CoMpJAINT 1\10. 3
That on -or about November 26, 1969, Sgt. Rains arrested Mr. Kenneth
Mannon of 119 S. Sherwood, Fort Collins, Colorado, without probable cause,
used unreasonable force in makin_a such arrest, and exhibited conduct
*,
unbecoming an officer.
FINDINGS:
No evidence was taken on Charge No. 3, Mr. Rentfro found as follows:
t
"By agreement between the parties and the City Attorney made prior to
R
the hearing, evidence was not taken on item number 3 because the alleged
incident had been subject to prior investigation by the City, consultation _
with Air. Mannon and his parents, and the matter was completely disposed
of at that time to the satisfaction of all parties concerned."
E
COMPLAINTS NO. 4 $ S
That on or about January 10, 1970 at the Holy Family Hall, Fort`
i
Collins, Colorado, Sat. Rains used unreasonable -force in the arrest of
Charles Suniga of Fort Collins, Colorado, and exhibited ronduct unbecomina
an officer.
That on or about January 10, 1970 at the Holy Family Hall, Sgt. Rains
ordered the arrest of Mr. Alex Suniga of Fort Collins, Colorado„ without '
probable cause, used unreasonable force'in making such arrest, abused
his police authority and exhibited.conduct unbecoming an officer..
FINDINGS
228
Mr. Rentfro found, regarding Charge 4, which involved Charles Suniga, cr
as follows: "It is charged that Sat. Rains used unreasonable force in the
arrest of Charles Suniga and exhibited conduct unbecoming an officer. The
undersigned (Rentfro) feels that Sgt. Rains may have Wade a mistake in
the type of force he chose to use under the circwlstances, but the.ciiarge
of unreasonable force is not substantiated by the facts.
It must be remembered that Charles Suniga was very intoxicated.
He was givina his wife and family a bad time. He could well have caused
the dance if he were not taken outside. The original
further problems at
-----�ntent--was to him- outside "so he could get cooled off.". His brothel,
Alex, was not objecting so much to his removal, as to the manner in which
it was being done. Rains stated that they were not arresting him; they
were taking him outside.Had he gone peacefully, chances are that he
nd allowed to go home.with his family.
would have been released outside a
'His resistance and struggling with the officers, and his drunken condition,,
gave them reaFonable grounds for making the'on-the-spot judgment that
he should he taken to jail."
Mr. Rentfro found, with regard to Charge 5, which involved Alex. �.
Suniga, as follows: !'However, the evidence indicates that Alex Suniga
reacted.unwiscly. Ile did interfere with Sgt. Rains. The undersigned finds
that he did grab Sgt. Rains' arm in an attempt to free his brother.
Rains testified that grabbing his arm was the sole reason for taking
Alex to jail. Probable cause for the arrest was present and unreasonable
force -was not used in making the arrest.
It is understandable that Alex Suniga was,upset. However, even if
the treatment of. Charles was unfair, Alex was not justified in attempting
to -take the law into his own hands and physically interfere with a police
officer. There are proper ways of makina complaints and trying to
correct practices that one feels to be improper. His attempt to help
e manner he chose was not correct.
his brother in th
i COMPLAINT NO. 6
i That on or about April 3, 1970, Sgt. Rains used unreasonable force
in arresting Joe F. Serna of Greeley, Colorado. .
FINDINGS:
Mr. Rentfro found.as follows: "The Hearing Officer, after studying
the testimony of some 15 witnesses who saw all or a portion of the incident;
is persuaded that S.
Rains'.account of what happened is correct. Paul
Zink, the young man who was first assauiied by Leulf, testified that Joe
Serna was swinging at him and saying, "I'll fight you, you hippie"; but
that Serna was intoxicated and couldn't hit him. Zink's testimony
supported Rain's account of Serna resisting, getting away, and finally
being arrested by Rains. Charge 6 is not substantiated by the facts.
Under all the circumstances, it cannot be said that Sgt. Rains was not
justified in using the amount of force he did making the arrest."
COMPLAINT NO. 7
That on or about April 3, 1970, Sgt. Rains abused his police
authority in threatening the arrest of Miss Zana Strother of Denver,
Colorado-, when she questioned Sgt. Rains.
FINDINGS:
Mr. Rentfro found as follows: "Sgt. Rains -testified that while
they were still struggling with Garcia, as Miss Strother had said,.
Miss Strother was yelling of him that Riley..had done nothing wrong and
that he had no right to arrest him. Rains testified that he advised
her at least three times to get back on the sidewalk; she refused; that
he then advised her to.get back or he would arrest her for loitering.
The only other testimony at the hearing on this point came from Paul
ion of what had happened.
Zink He completely supported Sgt. Rains' vers
s
tnarge / 1s Ilul 1LLVDl6llllGLGLL. Jb{ . LIFLao uF l v.
a bit at the -point when Miss Strother began to "give him a hard time".
Perhaps he could have been more patient and understanding; perhaps'he _.
;! would have been better advised to ignore her protestations. The fact -
" that he didn't; the fact that he responded in the way that`he did does
not add up to abuse of his authority under all the circumstances involved."
k COMPLAINT NO* 8
That on or about April 3, 1970, Sgt. Rains used insulting language.-
and conduct towards Miss Vickie Serna when she went to speak with him
concerning her brother's release. Further, that Sgt. Rains abused his
police authority in threatening the arrest of bliss Serna when.she
. questioned him and exhibited conduct unbecoming an officer.
FINDINGS:
Dfr. Renfro found as follows: "The Hearina Officer finds that facts
in this instance substantiate the charge. Even if we credit Rains' entire
-testimony on the incident, it does appear that he exceeded the bounds
of proper conduct in speaking to Miss Serna the way he did. .He was
not busily engaged in combat with a group of toughs; Miss Serna told a
straight and sincere story on the witness stand. A little more courtesy
and understanding from Rains could have avoided this complaint.
Rains had threatened to arrest another person for loitering an
hour or so before this incident, but in that case it was not 'improper.
Miss Serna was not loitering. Rains admitted she had every right to be
.there. Threatening to have a police officer remove her from the building,
or to place her under arrest for loitering was insulting, unnecessary under
the circumstances, and an abuse of his authority."
My review of the transcript of testimony and the other.information
available to me convinces me that the findings of the Hearing Officer
are basically correct. I do disagree with the findings of the Hearing
Officer regarding charge number .8, in that he finds Sgt. Rains abused
his police authority. I can understand from the testimony that one
—__could find Sgt. Rains discourteous at that time, but I feel the Hearing
Officer failed to take into consideration the events that had immediately
preceded the incident giving rise to charge 8.
It is interesting to note that -the Hearing Officer's findings
regarding charge nutiber 2 (the Batty incident) is the only instance
in which'the 'examinef found that Sgt. Ra fis,.used undue force. And
Haile the complainant, LULAC, alleged that'Mexican American people were
being abused and the Angles were going Scott free,.it happens that
Mr. Batty is an Anglo.
The Hearing Officer's conclusions contain the following statement,
.which express my feelings regarding the incidents involved:
"Much has been said about Sat. Rains in the recounting of all the
testimony that has been summarized in this Report. Most.of it has
been adverse; because it had to do with complaints against him. The '
undersigned had the opportunity to listen to much testimony from
Sgt. Rains and to observe him closely under difficult circumstances.
lei
In spite of finding that he erred in some respects, the undersigned
(Rentfro) was not unimpressed.
The Hearing Officer would venture the opinion that Sgt. Rains
is basically a good officer. He takes his job very seriously; perhaps
too seriously, if that is possible. He is sharp and articulate. lie
' knows his business. He goes about'his j'ob in a very determined, business-
like manner."
The Hearing Officer also comments that Sgt. Rains, at times is
E over zealous, and pursues his job too avidly. Although I do not
condone this, I nevertheless feel that this is a comment which could
be made with regard to anyone who is genuinely dedicated to the full
performance of his job.
i
The charges brought by LULAC on the whole, are not substantiated
�• and the two incidents where the llearing Officer disapproved Sgt. Rains'
conduct do not, to me, show a pattern of conduct which justifies any
stringent disciplinary measure. I feel that the onus of havina
been under charges and the suspension faith pay which has been imposed
on Sgt. Rains, and which has been inaffectfor a period of seven (7)
weeks,have been a stronger disciplinary action than the facts in this
case warrant. I have, therefore, ordered Sgt. Rains reinstated to
' duty effective at 3:00 P.M. this afternoon, at the time his shift
' goes-on,duty.
'4
I also feet it should be pointed out that the two incidents in which the Hearing
Officer criticized Sgt. Rains' conduct involved situations which took place in the Police
Department Headquarters and were connected with the booking of prisoners. It appears
that the procedure of the Police Department regarding the booking ofprisoners and the
handling of the Public in the Police Department isin need of some revision. Perhaps the
criticism should not be directed solely at Sgt. Rains, but also at the system. • I have
employed Mr. Wess Pomeroy of Pomeroy Associates, a recognized firm specializing in
community and police relation problems, to undertake a study of the City's Police -
Community relations, our training methods and our internal procedures, and to make recommen
dations that will hopefully eliminate any problems of this nature in the future. This
study is now in progress.
Respectfully submitted,
/s/ Tom Coffey
City Manager
After discussion, motion was made by Councilman Troxell, seconded by Councilman
nd
Lopez, that this report be receivec�.,/have an opportunity to review and comment on it at
a later date. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell,
Lopez, Chilton and Kruchten. Nayes: None. The Mayor declared the motion adopted.
Mayor Carson reported that the irrigation water was divided between the
Cemetery and Golf Course and that they were both watered by the same pump, but the
Cemetery would be watered all day until 8:00 in the evening through Memorial Day.
Mr. Charles Reid, executive Director of Housing and Urban Renewal for Columbia
Missouri, was present and explained the Federal financed low cost housing with Council
members. He outlined Columbia's program from its beginning and stated that the City
presently has 591 units and a demand for 500 more. He stated that HUD requires 60%
of all low cost housing units be built for families -and 40 % for the elderly. He
stated there are plenty of apartments but need two bedroom and single family units,
that most of the housing is duplex and fourplex. He recommended that the units be
scattered and not in projects. He stated that the rent has not been increased for more
than two years. The residents are allowed a net income of $3,300.00 a year. Mayor
Carson invited Mr. Reid to discuss this further with Council members after the meeting.
Motion was.made by Councilman Troxell, seconded by Councilman Kruchten, that
the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen
Carson, Troxell, Lopez, Chilton and Kruchten. Naves: one. The Mayor declared the ,
motion adopted and the Council adjourned.
Mayo
ATTEST:
Deputy Ci lerk
o