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HomeMy WebLinkAboutMINUTES-05/16/1963-RegularMay 16, 1963 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, held May 16, 1963, at 1:30 o'clock P.M. Present: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. City Manager Norris, City Attorney March and City Engineer Weiss. Motion was made by Councilwoman Quinn, seconded by Councilman Colwell, that the reading of the minutes of the last regular meeting held May 9, 1963, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honste9 and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Clerk advised the Council that the second reading of Ordinance No. 16, 1963, could not be presented on second reading at this date, inasmuch as the City Engineer had not received the easements for utilities in the area being vacated and suggested that the second reading of the ordinance be tabled until such a time that the City Engineer advises that the easements have been obtained. Motion was made by Councilman McMillan, seonded by Councilman Colwell, that the second reading of Ordinance No. 16, 1963, be tabled, until the City Engineer advises the Council. that the easements have been obtained. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The matter of the designation of bicycle routes which was tabled to this date was placed upon the table with the following communication: MEMORANDUM To: Fort Collins City Council May 16, 196.3 From: James W. Guyer, Chairman, Citizens' Advisory Committee to the Planning Boards in Larimer County Subject: Report on bicycle path project. It is not out intent to ask for a series of delays in oresnting a report on the above subje( We want the report to be as complete as possible with facts and appropriate maps or draw- ings. We believe this will save considerable time of the Council in the consideration of the proposal. At a meeting of the Citizen's Committee last night, the subject matter was approved and a final draft of the report is now in process. Time has not permitted the group in charge of this project to present this report for today's Council meeting. We respectfully request the Council to table the matter at this meeting until our Committee can complete the report. This should take about two weeks. Upon completion we will ask the Council to include the presentation of the report on the agenda of a regular meeting at that time. Very truly yours, /s/ James W. Guyer The City Clerk requested that the matter be tabled until the report has been file( by the Citizens Committee. Motion was made by Councilman Colwell, seconded by Councilwoman Quinn, that the matter be tabled until such a time that the report of the Citizens Committe has been filed. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes:• None. The President declared the motio' adopted. The following report of the City Manager was presented and read at length by him for the benefit of the Council: May 14, 1963 To: Honorable Mayor and City Council City of Fort Collins At the request of the City Council, I hereby submit a digest of a preliminary investigation of the inner and outer workings of the Police Department. FIRST: Members of the department have been interviewed and were given opportuni to make statements concerning incidents and situations if they cared to. No man was asked to name any other individual, departmental, or private citizen. '5 May��,=1-9b 3 SECOND: All statements made were made in confidence with understanding that only a over-all digest would be made and that if any felonious wrongdoing were uncovered against any currently active employed individual than further investigation would ensue on specific charges. THIRD: The Police Department for several years had functioned as a special priv- ilege police force, granting various people relief from city ordinance citiations and other law violations based on the individuals financial position,relationship with a so-called pressure "committee", and many other reasons. Members not active in the department apparently were not active in participation in any specific wrongdoing. Although, in some cases, these men had been ordered to look thf other way or reduce a summons or relieve the summons completely. . Chief Smith and myself became aware of some of these practices shortly after he was appointed Chief. We decided to eliminate this practice and enforce the laws as written This enforcement resulted:: in the gradual removal of non -cooperating officers. The "Committee" in the meantime attempted to move back in control, by threatening the Police Chief with removal if he didn't co-operate. The Chief refused and continued to pursue a fair equitable route of law enforcement. The"Committee" then pursued a campaign within and without the Department of slander, rumor, and gossip, which resulted in their demand to the City Council that the Chief be removed for immoral, previous conduct. The City Countil, using their power of inquiry, properly conducted a detailed, extensive back- ground check, and unanimously agreed to support Chief Smith. This did not stop the "Committee". By using ex -officers and some within the de- partment, further slanderous statements were made; also threats against individual officers were made if they refused to cooperate with the "Committee". This rumor attack continued and came to a peak recently just after election of new Councilmen. In reference to previous employed officers, it must be remembered that a great many officers int he last few years, who had left the department, left in disgust. A great many of these have volunteerily come forward and have, of their own free will, contributed to this report. FOURTH: In ordert o made a.section on examples of conditions as per paragraph three, it must be pointed out that case files and police records were not kept until Chief Smith was appointed. It appears that prior to Chief Smiths appointment, it was common prat• tice to ignore or quash parkirig tickets for certain individuals. Also it was common practi< to quash certain individuals traffic summons and other complaints. Crimes against the per- son, aggravated assaults, felonious robbery, burglery, and may others were apparantly.quash� through use of the "Committee" and co-operating police officers. Records of these incident: apparently were not made by the Police Department, and if made, were destroyed prior to Chi< Smiths tenure.of service. FIFTH: The so-called "Committee" operates basically on threat and coercion, coupled with rumor and gossip. The basic function was to use an informer within the depart• ment to report any mistakes made by individuals. Most of these were honest errors made by a rookie policeman. Also, the Committee created internal turmoil within the department by having their agent officers attempt to align officers against each other. SIXTH: Conduct of individual officers was frequently of such nature that it merited dismissal. Exam les, shakedown, obtaining unlawful credit by use of uniform, unlawful check writing, conduct, drunkeness, and mag others. SEVENTH: A poll of conditions now indicates the following: The morale of the individual officers is high despite the .tremendous pressures being placed on them by the so-called "Committee". Currently, the homes are upset. Nearly all the men agree that conditions today ar.e greatly improved. The men feel that command sul ervision has greatly improved. The men want more training and clearer -cut procedures with outside influence and pressure. The men feel that relations with other law enforcement agencies are greatly improved from two years ago. As one outside career police officer put it, "The Department 1 to be the laughing stock of Police Departments in Northern Colorado, this attitude is stead• ily changing for the better." CONCLUSIONS: I feel that the present uniformed and plain clothes force of twenty three officers are basically honest, sincere, dedicated men, and if allowed to function as a leg- itimate law enforcement body, we will have one of the finest police forces in the state, as well as the nation. The men 2 years ago had no training, today they have had considerable training, but still need more schooling. Intensive training must be,continued, A trained officer knows how to cope with the insidious pressures from specialized groups. If it were not for the training that the men have been subjected to in the past 18 months, todays department probably would be a tool or an agent for the. special outside so-called "Committee". Law enforcement is now being carried out, based on the laws of the City and of th land without discrimination as to race, national origin, community position, or specialized interest. Good judgment is being used by the men to protect the individuals rights to the best of eachindariduals ability. and knowledge. There is a possibility that two or three of the remaining officers owe an alleg- iance to the "Committee", however, if true, further investigation will eventually remove the same. We have a well operated, well organized department, also well ke pt records and in time with proper backing, we will have the finest department in the State, RECOMMENDATIONS: Before the City Council should consider recommendations, I would recommend that a decision be made as t o whether the City Council is going to represent the people or the sc called "Committee". Assuming that the City Council chooses to represent the people, it is my recommen- dation that the Police Department be allowed to continue its efforts to grow -up and graduate with the full support and backing of the City Council and the people of Fort Collins. Furthermore, if in the opinion of the City Council the department or individuals or myself or others need further investigation, it is my recommendation that an independent, reputable investigatbr'behired by the City Council to complete a thorough investigation, including all individuals and departments deemed necessary. i /s/ Max L. Norris City Manager 36 The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS REMOVING MAX L. NORRIS AS CITY MANAGER, EFFECTIVE JUNE 17, 1963; SUSPENDING THE SAID MAX L. NORRIS AS CITY MANAGER FORTHWITH AND TERMINATING FORTHWITH THE APPOINTMENT OF THE SAID MAX L. NORRIS AS DIRECTOR OF THE FOLLOWING DEPARTMENTS AVIATION, FIRE, HEALTH, MUNICIPAL PUBLIC UTILITIES, PARKS AND RECREATION, POLICE AND PUBLIC WORKS WHEREAS, Max L. Norris was appointed City Manager of the City of Fort Collins and Director of the following departments of the administrative branch of the City Government, to -wit: Aviation, fire, health, municipal public utilities, parks and recreation, police and public works, by resolution duly adopted at a regular meeting of the Council held on September 14, A. D. 1961; and WHEREAS, the City Council has determined that the said Max L. Norris should be removed as City Manager and as Director of the above mentioned departments of the adminis- trative.branch of the City of Fort Collins; and WHEREAS, the Charter of the City of Fort Collins provides that the City Manager may be removed by the Council of the City by a majority vote of its members and further pro- vides, "At least 30 days before such removal shall take effect, the Council shall by majorit vote of its members adopt a resolution stating the reasons for his removal, which resolution may provide for his suspension"; and WHEREAS, said Charter provision further states, "upon removal or suspension of the City Manager, the Council shall cause to be paid him any unpaid balance of his salary for the current month and his salary for the next calendar month"; and WHEREAS, it is the opinion of the City Council that it will be for the best inter- ests of the City of Fort Collins that the said Max L. Norris be removed from his position as City Manager and as Director of the above mentioned departments of the administrative branch of the City Government. NOW, THEREFORE,. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Max L. Norris be and hb is hereby removed as City Manager of the City of Fort Collins, Colorado, effective June 17•, 1963, for the following reasons, to -wit: That the members of the City Council are of the opinion that the said Max L. Norris is not qualified to be the head of the administrative branch of the City Government; that the said Max L. Norris has shown a lack of judgment in carrying out the requests of the City Council; and that the members of the City Council lack confidence in the administrative ability of the said Max L. ,Norris ; BE IT FURTHER RESOLVED that the said Max L. Norris be suspended as City Manager, effective forthwith; BE IT FURTHER RESOLVED that the appointment of the said Max L. Norris as director of the following departments of the administrative branch oft he City Government, to -wit: Aviation, fire, health, municipal public utilities, parks and recreation, police and public works, be and the same is hereby terminated, effective forthwith; BE IT FURTHER RESOLVED that the Director of Finance be and he is hereby instructed to pay forthwith to the said Max L. Norris any unpaid balance of his salary fort he current monthand his salary for the next calendar month. Passed and adopted at a regular meeting of the Council held this 16th day of May, A. D. 1963. G. Johnson ATTEST: Ls/ Miles F. House City ulerk Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the resolution be adopted. The -Mayor opened -the: meeting to- the -citizens present for comments on the matter presented in the resolution. Mr. Ben Olds took the floor and spoke against the passage of the resolution. His statements were such as to preclude that such cause had not been established for taking the action in •the resolution. Mr. Otto Williams of the Chef Cafe took the floor and made some remarks in reference to the Police Department and the administration thereof. Mr. James Rea spoke against the passage of the resolution. Mrs Estella McCutcheon took the floor and suggested that further consideration be given to the matter at hand. Mrs. Ruth Hagemeister spoke in support of the action in the resolution. Mr. W. H. Allen, Attorney, stated that the citizens elected the Council and that they should back the Council's judgment. Mr. Earl Douglas, former commissioner of Fort Collins, spoke in reference to the progress of Fort Collins in the past 25 years and asked that the present Council be supported in their judgment as shown in the resolution. Mr. Dwight Ghent, Mrs. Phyllis Mattingly, Mrs. John Ayres, Mrs. Patricia Graham and Mr. William Young all spoke 37 - May 1_6,_196,3 against the action in the resolution. Mr. William Bartran, W. D. Bartran, Nancy Bartran, and V. F. Cohen all spoke that more time should be taken before final action of the resol- ution. Those that presented their opinions were Mr.. Mason Kuhre, Mr. George Bedard, Dr. Matteson, Bill Tiley, Mrs. Mary Anderson, Mrs. George Beers, Dlmer Holmes, Scott Peterson and Frank Ghent. Clarence J. Davis, Jr. of the Police Department took the floor and made certain accusations against the previous administration and the present administration of the Police Department. Mr. Robert Smith refuted some of the statements re de by Mr. Davis. The Mayor requested the members of the Council to make any statements that they wished at this time. Motion was made by Councilman Honstein, seconded by Councilman Colwel that the resolution be amended, placing the City Manager on probation for six months. Ques tion was asked and roll was called resulting as follows: Ayes: Councilmen Colwell and Councilman Honstein. Nayes: Councilmen Johnson, McMillan and Councilwoman Quinn. The motion for amending the resolution was lost. Question was asked on the resolution. Roll was called resulting as follows: Ayes: Councilmen Johnson, McMillan and Councilwoman Quinn. Nayes: Councilmen Colwell and Honstein. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING WILLIAM F. WIDDOWS AS ACTING CITY MANAGER AND ACTING DIRECTOR OF THE FOLLOWING DEPARTMENTS: AVIATION, FIRE, HEALTH, MUNICIP PUBLIC UTILITIES, PARKS AND RECREATION, POLICE AND PUBLIC WORKS WHEREAS, Max L. Norris, the City Manager of the City of Fort Collins, has been . removed as such City Manager, effective June 17, 1963, and has been suspended as City Mana- ger, effective forthwith; and WHEREAS, it is necessary that an employee of the City be appointed to perform the duties of the City Manager until -such time as a new City Manager has been selected by the City Council; and WHEREAS, William F. Widdows is a qualified employee of the City to perform the duties of the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that William F. Widdows be and he is hereby appointed Acting City Manager of the City of Fort Collins, Colorado, to serve as such and as Acting Director of the following departments of the administrative branch.of the City Government, to -wit. Aviation, fire, health, municipal public utilities, parks and recreation, police and public works, until a new City Manager has been appointed, at which time the within appointment shall terminate.; BE IT FURTHER RESOLVED that such appointment is made effective forthwith. The salary to be paid said William F. Widdows shall be such salary as may be from time to time provided for by ordinance for the City Manager. Passed and adopted at a regular meeting of the Council held this 16th day of May, A. D. 1963. yor ATTEST: /s/ Miles F. House City Clerk Motion was made by Councilman Johnson, seconded by Councilman McMillan, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE BY THE CITY OF FORT COLLINS TO ROBERT C. FUGATE AND HELEN L. FUGATE OF ANY INTEREST OF THE CITY OF FORT COLLINS IN AND TO CERTAIN PROPERTY LOCATED IN BLOCK 4 IN THE CITY OF FORT COLLINS, COLORADO, AS MORI PARTICULARLY DESCRIBED HEREIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED ON BEHALF OF THE CITY CONVEYING SUCH PROPERTY WHEREAS, Robert C. Fugate and Helen L. Fugate are the owners of the following May 16_-, 46 3 described property, situate in the County of Larimer,-State of Colorado, to -wit: Commencing at a point 11 feet West of the Northwest corner of Lot 5 in Block 4, in the City of Fort Collins, Colorado, thence East on the North line of said Lot 5, 50 feet; thence S. 6°16+ W. 100.6 feet to the South line of Lot 6 in said Bloc} 4, thence West on the South line of said Lot 6, 50 feet to a point 22 feet West of the Southwest corner of said Lot 6, thence Northeasterly 100 feet more or less to place of beginning; and WHEREAS, by quit claim deed dated August 18, 1920, and recorded in Book 399 at page 207 of the Larimer County records, the City of Fort Collins acquired a certain Ditch or Mill Race known as the Mason and Hottel Mill Race, which ditch or mill race crossed a portion of the above described property, and WHEREAS, said ditch or mill race has been abandoned and,is no longer needed by the City of Fort Collins, and WHEREAS, the property above described includes a portion of North College Avenue in the City of Fort Collins, which portion of said avenue was vacated by ordinance recorded December 28, 1948, in Book 866 at page 182 of the Larimer County records, and WHEREAS, the City of Fort Collins has no actual interest in any of the property above described, a nd WHEREAS, the owners of said property have petitioned the City Council to deed by quit claim deed any interest of the City of Fort Collins in said property to said owners, and WHEREAS, it is the opinion of the Council of the City of Fort Collins that such deed should be made to said owners. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that -a quit claim deed conveying any interest of the City of Fort Collins in and to the property above described be made and delivered to Robert C. Fugate and Helen L. Fugate, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- orized and directed to execute said deed on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 16th day of May, A. D. 1963. sl Harvev G. Johnso ATTEST: /sl Miles F. House City Clerk Motion was made by Councilwoman Quinn, seconded b Councilman McMillan, that thi: resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following resolution was presented and read at length: RESOLUTION OF TH= COUNCIL OF THE CITY OF FORT COLLINS APPROVING A PETITION FOR THE ANNEXATION OF THE KRAMER ANNEXATTON TO THE CITY OF FORT COLLINS; SETTING THE DATE FOR HEARING ON AN ORDINNNCE APPROVING THE ANNEXATION THEREOF; AND GIVING NOTICE THEREOF WHEREAS, heretofore on the 9th day of May, A. D. 1963, a written petition was presented to the Council of the City of Fort Collins in substantial compliance with the pro visions of Colorado Revised Statutes, 1953, 139-11-3, by the owners of more than fifty per cent (50%) of the area and who comprise the majority of landowners residing in the area of the following described land, situate in the County of 'arimer, State of Colorado, to -wit: A tract of land situate in the W1 of the E2 of the SW1 of the NW4 of the NE14 of Section 24, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado more particularly described as follows: Considering the South line of the NW4 of the NE4 of said Section 24 as bearing N. 89056' East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 890561 East 330.20 feet from the SW corner of the NW4 of the N E4 of said section 24 and run thence-N. 00°101 East 150.00 feet; thence N. 890561 East 149.42 feet; thence S. 00°381 West 150.00 feet; thence S. 89056t West 148.20 feet to the point of beginning; and WHEREAS, said owners have requested that the above described lands be admitted to the City of Fort Collins and be included within the limits and jurisdiction thereof as a "A" Residence District, and WHEREAS, the Council of the City of Fort Collins has found that the petition and the documents thereto attached meet the requirements of Section 139-11-3, Colorado Revised Statutes, 1953• 39 ~M� Ma_y_].6_,_-J._9� NOW, THEREFORE; BE IT RESOLVED By THE COUNCIL OF THE CITY OF FORT COLLINS, that the aforesaid petition be and the same is hereby accepted and that June 27, 1963, be and the same is hereby designated as the date for the hearing on an -ordinance approving the annexation of the above described territory and including the same within the limits and jurisdiction of the City of Fort.Collins, and t) be included as a part of "A" Residence District; BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered to publish notice of said petition and the date set for hearing on the ordinance approving the annexa- tion in the Fort Collins Coloradoan, the official newspaper of the City, in the issues of such newspaper published May 21 and 28, 1963, and June 4 and 11, 1963, and that such notice be in words and figures as follows: "NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is herewith given that a petition was presented on May 9, 1963, to the Council of the City of Fort Collins requesting that the following described land, situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the W2 of the E2 of the SW4 of the NW4 of the NE14 of Section 24, Township 7 North, Range 69 W. of the 6th P.M., County of Larimer, State of Colorado more particularly described as follows: Considering the South line of the NW4 of the NE4 of said section 24 as bearing N. 890561 East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 89°561 East 330.20 feet from the SW corner of the NW4 of the NE4 of said section 24 and run thence N. 00°101 East 150.00 feet; thence N. 89°561 East 149.42 feet; thence S. 00°381 West 150.00 feet; thence S. 89°561 West 148.20 feet to the point of beginning; e annexed and made a part of the City of Fort Collins and be included within the limits nd ,jurisdiction thereof as a "A" Residence District. That said petition was signed by the wners of more than fifty per cent (50%) of the area and who compriset he majority of land- wners residing inthe area of said land. That said petition was accepted by the Council of he City of Fort Collins on May 16, 1963, and that hearing on an ordinance approving said nnexation will be held in the Council Chambers in the City Hall in the City of Fort Collins; olorado, at the hour of 1:30 o'clock P.M. at a regular meeting of the Council to be held the 7th day of June, A. D. 1963. That the landowners of the area proposed to be annexed may express their oppositi o the annexation and secure an election by complying with the provisions of Colorado Revise tatutes, 1953, 139-11-4. Dated at Fort Collins, Colorado, this 16th day of May, A. D. 1963. /s/ Miles F. House City Clerk" Passed and adopted at a regular meeting of the Council held this 16th day of May, . D. 1963. TTEST: Miles F. House erk s Ha ayor G. Johnson Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this solution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, 11, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Engineer reported that Mr. Bill Tiley had requested certain curb cuts for entrance and exit parking facilities. He requested 35 foot curb cuts for the property on (South Shields Street south of Gilsdorf filing, since it has a 90 foot frontage. The City ngineer felt that the 35 foot cut was excessive and on compromise, approved a 30 foot curb cut on the north frontage of the property and 25 foot on the south property. Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that the recommendation of the City Engineer be accepted and the curb cut granted. Roll was called resulting as follow; yes: Councilmen Johnson, Colwell, McMillan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Tiley also requested three curb cuts on the corner of Elizabeth and Lemay Avenue of 35 foot each. The City Engineer said he would approve 30 foot curb cuts and if the curb cuts on Elizabeth was moved 5 feet to the west. Motion was made by Councilwoman inn, seconded by Councilman McMillan, that the recommendation of the City Engineer be ccepted and the curb cuts granted. Rollwas called resulting as follows: Ayes: Counci May 16, 1963 Johnson, Colwell, Mc Millan, Honstein and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. A letter from William N. Farmer resigning as of May 7, 1963, and requesting (retirement under the Policemen's Pension Fund with six weeks due him. An application for the pension must be submitted by Mr.Farmer to the Board of the Policemen's Pension Fund for ction thereon. Motion was made by Councilwoman Quinn, seconded by Councilman Honstein, that the ouncil adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Colwell, cMillan, Honstein'and Councilwoman Quinn. Nayes: None. The President declared the motion dopted and the Council adjourned. , / �J /� n TTFST Y