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HomeMy WebLinkAboutMINUTES-04/09/1970-Regular159 MINUT$S-OF-A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thur�ar-, April•'9, 1970, at 1:30 o'clock P.M. Present: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. City Manager Coffey, Assistant City Attorney March and Director of Public Works Liquin. Motion was made by Councilman Kissock, seconded by Councilman Troxell,:! that the reading of the minutes of the last regular meting held April 2, 1970, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following proclamation was presented and read at length: LIBRARY WEEK PROCLAMATION WHEREAS, we live in'a world which demands are -dedication to the enduring intellectual and spiritual values essential to the progress of a free people in a free society; WHEREAS, our libraries make accessible the accumulated experience of all mankind, from which present and future generations may derive the wisdom and understanding vital to our national survival; WHEREAS, the development of life -time reading habits. are necessary for indi- >vidual fulfilment and for achieving the hignest qualities of citizen -capability; WHEREAS, the freedom to read is the responsibility and privilege of all people in a democracy; NOW THEREFORE, I Karl E. Carson, Mayor of the City of Fort Collins do hereby proclaim the week of April 12 to 18, 1970, as Library Week and urge all citizens to unite in this national effort to achieve a better -read, better -informed America, to stimulate interest in libraries of all kinds - to the end that we realize the full potential of our national purpose. Signed Karl E. Carson Date April 9, 1970 i Alarge group of Spanish-American and others were present protesting Police brutality in the City of Fort Collins. The Mexican -American group were represented by Ernie Andrade, President of "Lulac", United Latin Americas Citizens, who stated that they discussed a matter which.is a clear concern to - them and that was the mistreatment and harassment to their people and the imme- diate suspension of Terry Rains from the Police Department, without pay. The following letters were presented and read: April. 9, 1970 To the Members.of the City Council of Fort Collins, Colorado We of the League of United Latin AmericariCitizens formally charge Officer Terry Rains with the use of undue force and with action unbecoming an officer when he arrested Joe Serna April 3, 1970, We also charge said officer with repeated acts of maltreatment of Mexican -American Citizens. This constant harassment by Officer Rains toward Mexican -American citizens is not condoned and can no longaer be tolerated. Therefore, we request that the Council immediately suspend Officer Rains without pay, from the Fort Collins Police Department until a thorough investigation has been completed. 160 April 9, 1970 r We feel that this step is necessary for the protection of Mexican -American in Fort Collins. Due to unsatisfactory investigations in the past by the Human Relations Commission, we are requesting that the investigation be conducted by the City Council, a representative of the Colorado Civil Rights Commission, and a selected representative from each League of United Latim American Citizens, We believe this action to be very necessary if Mexican -American cit- izensin this town are to be secure in their persons. We as individuals_are•unable to deal effectively with the conduct of police officers who carry around a sterotype image of Mexican -American citizens. Until you gentlemen impress upon each member of the police force that all citizens of this town are to be treated with equal dignity and respect, this utter disregard of the rights of Mexican -American citizens will still be reflected in the way we are treated by police officers. /sl Ernest Andrade President, League. of United Latin American Citizens April 9, 1970 TO THE MEMBERS OF THE FORT COLLINS CITY COUNCIL The discrirdnation against the Mexican -Americas in Fort Collin s exists in a very real sense. The time has come for Brown men and women, to assert their chicanismo and rid this community of any and all forms of discrimination wherever it exists. We, the chicano people, demand to be.treated as human beings, and it is in this light that we expect the City Council to initiate an immediate' investigation of police brutality in the Fort Collins Police Department. The duty of a police force in any community is to assure the equal treatment of all of its citizens, however, the Fort.Collins police have grossly neglected this dLiy as in the case of Terry Rains. It is for this reason that we are demanding the immediate suspension of Rains from the police force.until a thorough investigation has been made into ::the charges against him of police brutality. The investigation of the charges against R-ins must begin promptly, and the investigating committee must have Chicano representatives from Umas and Lulac included in all phases of the investigation. VIVA AZATLAN! UNITED MEXICAN AMERICAN STUDENTS Mr. Andrade stated that they believe this action very necessary if the Mexican -Americans are to be treated with respect and dignity. 'Manuel Romos, Don Lucero and Earnest Tehi spoke concerning the sam,matter,.demanding just . treatmene and equality through power and control and better :.understanding. They were protesting the treatment of Joe Serna when he�was arrested April 3, 1970, and the amount of bond set. The City Manager stated that Joe Serne was charged $100.00 for intoxication, $100.00 for interference and $100.00 for resisting an officer, and Lula's bond was $50400 for into $100.00 for resisting peace and $25.00 for destroying City property. Councilman Lopez. asked if at the time of the incident, did we have a uniform schedule. Chief Smith appeared to answer some questions concerning the Police Department. He stated that the Police Department have public relations procedure and have a constant training program.- Stating that there is usually only one officer to a car, but try to have two, that they train new recruits for several hours and all policemen have Cleta training. He said there were two 1611 police cars in the area at the time -of the arrest of Serna. He was asked if he had an officer on each shift who could speak Spanish. Chief Smith stated that he did not but was working on it and had one officer now that could speak Spanish fluently and was teaching -others, that the department was. now using Spanish on the radio. One of the members stated that the Mexican -American's r fear the police while other people look to them for protection. Mr. Espinosa questioned how much training Terry Rains had in public relations. Chief Smith stated that he had had fine training and was considered to be a good officer He also said that they had some Mexican -Americans in clerical positions and had attempted to recruit Mexican -Americans in the department. Had hired some but they did not day, but had gone into other work. He said that jobs were adver- tised in the paper and that anyone could apply, and if qualified and could pass the tests for such job, that they did not discriminate. The Administration was asked to by-pass policy and suspend Offa-cer Rains wit$out pay and that they would not leave until he wa's suspended. The Assistant City Attorney advised them that the City Charter con- sisted of three branches which were Administrative, Legislative and Judicial and that the Council has no power to fire as this is an Administrative policy. The Administration consists of the City Manager, Police Chief, etc. Verginis Serna, Lucera, Miranda, Gail Johnson,_ John Brand and Delores Suniga all spoke regarding this matter. The Mayor called a recess at 2:30 o'clock P.M. for discussion of this matter. The Council reconvened at 3:00 o'clock P.M. The -Mayor stated that the Council had discussed the issue before them and according to the Charter, considered the interest of all concerned. He i stated the Council will conduct an.investigation of this case at the next meet- ing of the Council and that the City Manager will meet with Lulac and receive any charges they may have and any evidence they may wish to present.may,be heard immediately. The Mayor called upon the City Manager to make a- state- ment. The City Manager stated that he would meet with Mr.. Andrade and a" committee at which time Mr. Andrade can present any.charges he might have and these would be taken by the Court Recorder. He stated he would relieve Officer Rains -from actise duty to relieve Lulac of their concern, only until all evidence is presented and Council will make final decisions. The Mayor stated they would meet with members of"Lulac", "Umas" and "Mapa" and that they present the charges in Mr. Coffey's office immediately, and a formal investigation will begin next thursday. Mr. Andrade stated that Lulac had not decided to accept these conditions, and called a recess for discussion. The Lulac group returned from recess. Mr. Andrade stated they demand that Rains be suspended without pay and the investigation start Friday. Stating there would more charges when investigation starts, and that six representatives from Lulac, Mapa and Umas meet with the Council in open hearings. The Mayor stated that investigation has started now, Council to conduct the hearings in roup insisted that Rains open and not in closed sessions. The g yor stated they cannot do this at this time, that it pay be forfeited. The Ma is punitive to suspend without pay unless found guilty. Lulac stated they will stated that until found guilty, the Court would not not accept this. The Mayor accept Officer Rains being suspended without pay, and thnt'it would not be fair'to Lulac or Mr. Rains. Lulac asked for more counsel, after which they-,- still insisted Mr. Rains be suspended without pay. The Mayor stated -they could not do this without an investigation. ' Mr. Andrade stated they could produce more letters as evidence. { Mr. McHugh, Attorney, appeared and suggested an eleven member committee be appointed and the Council not be the investigating committee. I Rev. Ed. Ostertag appeared and asked if it was possible for the ! Council to appoint an investigating committee and report to the Council. Stating that the element of trust is at a low point and asked if the report of the various groups can be considered with the Council on the recommendations pre- sented. il would like to find an equitable sglution The Mayor stated the Counc to the problem, that the Council has many other business to take care of and is as anxious as Lulac to get this problem worked out. He.stated that wecannot proceed in a way that the courts does .not uphold, that we must do this according law and that the Council has a final responsibility from the investigation. Mr. Andrade stated that if the Mexican -Americans are 'not satisfied then this should be reopened. Mayor Carson stated that the option -was that Officer Rains be relieved of his pay, retroactive, if 'after investigation, he is found guilty. The leaders of Lulac recessed for five minutes, in Council Chambers with the Council nct present. Mr. Andrade., during this recessed meeting, advised the group that they decide what they were going to do and vote. One was to vote on six members of Mexican -Americans to act as a sub -committee for making written recommendations. He stated that•they would either have to go along with this or camp out, which is not.really goinIg to do them much good ,;;Only a minority can camp out, as 163 i; � s most of them have families to consider. Mr. C. R. Young, a resident of Fort Collins, advised them to talk with the Council. His recommendation was to accept the sub -committee and wait further action of dismissal from the force, after investigation. It was asked who would be on the sub -committee, and it was decided that members from each organization, Lulac, Mapa and Umas, who would present a formal report and make recommendations. After discussion, it was`voted on and carried that a sub -committee of six Mexican -Americans and five Council members would meet in the investigation, they will be part of the committee at all times and if not srtisfied, they can go from there: They then discussed the option of forfeiture of pay, retroactive, - and suspended from the Police Force' -if after investigation, the committee find him guilty. This was voted on and unanimously carried.. After this recess and the Council returned to the Council room; this was presented to the Council and the Mayor accepted, stating that the investigation is to start immediately by meeting with the City Manager after - the Council meeting, and the time and place for further meetings will be set. The following ordinance was presented on second reading: ORDINANCE NO. 23, 1970 BEING AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FORT COLLINS, COLORADO Motion was made by Councilman Lopez, seconded by Councilman Kruchten, that Ordinance No. 23, 1970, be adopted, Roll was called I resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kiss6ck and Kruchten. Nayes: None. The Mayor declared '.the motion adopted. The following ordinance was presented on second reading: ORDINANCE NO.. 25., 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 Councilmen Kruchten, seconded by Councilman Kissock,. that Ordinance No. 25, 1970, be adopted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Na yes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Councl FROM: Planning and Zoning Board SUBJEDT: #109-69. Discussion of Highway Service zone as requested by Board. The Planning and Zoning Board considered this new zone and related changes to the zoning;ordinance at its April 7, 1970, meeting and recommends approval. These recommended changes are the result of staff study, as directed by the Board, into the desirability of a zone which would recognize the impact of automobiles in the development of Fort Collins' business areas. Respectfully submitted, /s/ Robert 0. Engelke, Secretary 164 i' Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the recommendation of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the n ecessary ordinance. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO Fort Collins City Council FROM: Planning and Zoning Board acres from RH, SUBJECT: #22-70. Consider rezoning' petition involving 0.44 High Density Residential to BL, Limited Business zoning.' The Planning and Zoning Board considered this item at its April 7, 1970 meeting and recommends approval. It was the feeling of the Board that the uses perinitte provisions for the Highway Business -zone,. in the BL zone, as modified under the would be compatable with thearea. Petitioners: Several ion 11, SE of theintersection of Howes and Magnolia Location: SE4 of Sect Streets. Respectfully submitted, /sl Robert O.-Engelke Secre-tary n Troxell,-seconded by Councilman Lopez, Motion was made by Councilma that the recommendation of the Planning and Zoning Board be accepted and the I „ matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. ^.Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM[: Planning and Zoning Board SUBJECT: #23-70• Consider rezoning petition involving approximately 2.89 acres from RL, Low Density Residential to RP Planned Residential zoning' The Planning and Zoning Board considered this item at its Apri1.7, 1970 meeting andrecommends approval. Petitioner: Ada May Guard Location: 8E4 of Sectionl2, west of Lemay and south of Dartmouth. Respectfully submitted, /sl Robert 0. Engelke Secretary. Motion was made by Councilman Kruchten, seconded by Councilman Lopez, that the:recommendation of the Planning and Zoning Board be accepted and the matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was.,called resulting as follows: Ayes Councilmen Carson,_Troxell, Lopez and Kruchten, Nayes: Councilman Kissock. The Mayor declared the motion adopted. 165 9 , 1970 r The following report was presented and read at length: -TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #20-70. Consider the Strachan First Annexation petition and zoning involving approximately 14.4576 acres with RMP, Medium Density Planned Residential zoning. ;The Planning and Zoning Board considerled this item at its April 7, 1970 meeting and tabled it to permit time for the development of general plans showing the Contemplated use for the entire property and for discussions between the devel- Apers and the area residents. Petitioner: Colorado Development Fund, Inc. Location: NW-4 of Section 25, south of Drake Road and east of the City Limits. Respectfully submitted, /s/ Robert 0. Engelke Secretary . Motion was made by Councilman Troxell, seconded by Councilman.Kissock, that the recommendation of the Planning and Zoning Boa rd be accepted. Roll~ was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Naye-s: None. The Mayor declared the motion adopted. The following report was presented and read -at length: TO: Fort Collins City Council FROM: Planning and Zoning Board ( SUBJECT: #21-70. Consider the Foothills Annexation petition and zoning involving approximately 7.30 acres with RM, Medium Density Residential zoning. The Planning and Zoning Board considered this item at its April 7, 1970 meeting and tabled if for further consideration. s _• Petitioner: Emerald J. Maxwell.. Location: N�* of NE-4 of Section 20, south of Prospect Street extended west of Overland Trail. Respectfully submitted, /s/ Robert 0. Engelke Secretary Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the recommendation of the Planning and Zoning Board be accepted:. Roll was called resulting as follows: Ayes: Councilmen.Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #16-70. Consider Unit Development Plan and replat of 6 tracts of land being a portionof Fahrenbruch Leisure Village, third filing, with RP, Planned Residential zonirg. The Planning and Zoning Board considered this item at its April P 7, 1970, meeting and recommends a pproval. is Developer: Jack Fahrenbruch. Location: NW4 of Section 25, SE of the'btersection of .Leisure Drive and Drake Road. Respectfully submitted, /s/_ Robert 0. Engelke, Secretary 166 u i Motion was made ky Councilman Kissock, seconded by Councilman Lopez, that the recommendation of the Planning and Zoning Board be accepted. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, '.Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. ` The following report was presented and read at lengti.: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #26-70. Consider replat of 6 lots of the Soth College Heights Fifth Subdivision with RM, Medium Density Residential zoning.. The Fort Collins Planning and Zoning Board considered this.item'at its April 7, 1970 meeting and recommends approval Developers: Paul E. Tiarder and Phillip H. Kief. Location: NW4 of Section 24, south of Dartmouth Avenue and west of Mathews Street. Respectfully submitted, l /s/Robert 0. Engelke r Secretary Motion was made by Councilman Kruchten, seconced by Councilman Troxell, that the recommendation of the Planning and Zoning Board be accepted. Roll was•called resulting as follows: Ayes: Councilmen Carson, Troxell,. Lopez,' Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. The following report was presented and read at length: TO: Fort Collins City Council FROM: Planning and Zoning Board SUBJECT: #19-70• Consider 10 foot vacation on Pinon Street. The Planning and Zoning Board considered this item at its April 7, 1970 meeting and tabled if for further consideration. - Petitioners: Leon Hoffman, Dora M. Hoffman and Robert L. Sparks Location: SE4 of 'section 2. SW of the intersection of North College Avenue and Pinon Street. Respectfully submitted, /s/ Robert 0. Engelke Acting Secretary i Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the recommendation of the Planning and Zoning Board be accepted. Roll was "called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. N.yes: None. The Mayor declared the motion adopted. The 'following communication was presented.and read at length:. April 7, 1970 TO: Honorable Mayor and Councilmen THROUGH: Mr. Tom Coffey, City Manager FROM: Mr. E. M. Kuppinger, Purchasing Agent SUBJECT: Concrete Transformer & Tower Foundations- Bids have been received and evaluated covering :consideration for purchase of Concrete Transformer and Tower Foundations Five invitations to Bid were sent; two were returned. 167 b A summary o f the bids are as follows: Kiefer Concrete Flatiron Materials $ 8,652.00 8,725.00 9, 1970 Mr. Bob Kost, Electrical Engineer has evaluated the bids and all specifications have been met by the low bidder.' The recommendation is that Kiefer Concrete be awarded the contract in the amount of $8,652.00. Respectfully submitted, E. M. Kuppinger Purchasing Agent Motion was made by Councilman Troxell, seconded by Councilman Lopez, that the recommendations of the Purchasing Agent, and Bob Kost be accepted;, Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez Kissock and Kruchten. Nayes; None. The Mayor declared the motion adopted. A rent back agreement between Ladco, Inc. and the City of Fort Collins for 42�5 shares of North Poudre Irrigation Company stock, was presented-. Motion was made by Councilman Kissock, seconded by Councilman Troxell, that ' this agreement be accepted and the City Manager authorized '_to sign for the City. Roll was':called resulting as followrs: Ayes: Councilmen Carson, Troxell, . Lopez, Kissock and Kruchten: Nayes: No The Mayor declared the motion adopted. Appointing a representative to the Six Cities Water Operating Sub - Committee was considered by the Council. City Manager Coffey recommended that Norman Evans be appointed to this Committee. Motion was made by Councilmen Kruchten, seconded by Councilman Troxell, that the recommendation of the City Manager be approved and that Norman Evans be appointed to -represent Fort Collins, Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted. - Motion was made by Councilman Kruchten, seconded by Councilman Troxell, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, Kissock and Kruchten. Nayes: None. The Mayor declared the motion adopted and the Counc;4 adjourned. C` Mayo ATTEST: r City Cler