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HomeMy WebLinkAbout1979-12-20 (Special) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLmJOOD, COLORADO DECEMBER 20, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 20, 1979 at 5:35 P.M. Mayor Taylor, presiding, called the meeting to order. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Giseburt, Taylor, Clayton, Keena, Bilo. Absent: Council Members Williams, Smith. The Mayor declared a quorum present. Also present were: Acting City Manager Curnes City Attorney Municipal Court Judge Parkinson Recording Secretary Bradshaw * * * * * * Mayor Taylor stated that the only item of business was a Resolution which will be read and assigned a number. Councilman Clayton asked the City Clerk to read the Resolution by numer. RESOLUTION NO. 52 SERIES OF 1979 A RESOLUTION SUPPORTING CITY COUNCIL OF THE CITY AND COUNTY OF DENVER IN 'nlEIR MAINTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING. COUNCILMAN CLAYTON MOVED FOR TIIE PASSAGE OF RESOLUTION NO. 52, SERIES OP 1979. Councilman Giseburt seconded the motion. The floor was opened for discussion. City Attorney Berardini felt that the Nativity Scene had been a part of the Denver display for about 50 years. But could not support that information. Councilman Giseburt stated that he was 54 years old and the scene has been there ever since he can remember. 'llle Mayor felt that the Resolution should read "for many years" rather than "for over 50 years." Councilman Smith arrived at 5:45 P.M. December 20, 1979 Page 2 Councilman Clayton accepted the amendment to his motion of deleting the words "over 50" and inserting the word "many." City Attorney Berardini announced that this was a draft only if there were other corrections Council wanted to make. Councilman Giseburt suggested that Council collect donations to help support the cost of $2,000 for the maintenance of the Nativity Scene. Councilman Giseburt stated that this was a motion but Councilman Clayton stated that they already had one motion already on the floor and Councilman Giseburt changed his mind stating that he would like this an amendment. Mayor Taylor reiterated that Councilman Giseburt wanted .the City to take donations to support the Nativity Scene and Councilman Giseburt agreed. Councilman Giseburt stated that there had been some offers from various church groups for funding and that was why he wanted the amendment added.· Mayor Taylor stated that the ACLU is basing their case on the fact that tax money is being used as well as public property. Mayor Taylor thought that the Council should pass this Resolution and then send a letter signed by Council stating that Council would support donations by private parties. Acting City Manager Curnes stated that he was at a meeting with Ed Sullivan from Mayor McNichols Office and told Mr •. Sullivan that the Englewood City Council was meeting tonight to consider a Resolution supporting the retention of the Nativity Scene. Mr. Ed Sullivan stated that a Resolution from Englewood would be very well received. Acting City Manager Curnes felt that Council could transmit the Resolution with a cover letter. Councilwoman Keena questioned the Christian aspect rather than traditional aspect. She felt that the third paragraph might need some revision. City Attorney Berardini based his wording on the assumption that this was a Christian nation. He thought traditional might be a good idea. Councilwoman Keena wanted to make sure that Englewood was doing s011ething supportive rather than damaging. City Attorney Berardini felt that this was a Oiristian nation rather than Islamic and didn't feel that this would be used in a court of law. City Attorney Berardini thought traditional might be more legally acceptable. Councilwoman Keena .felt that "traditional Christmas spirit in our comunity and in the United States" would be better than what is stated in the third paragraph. Councilman Smith stated that this is a Christian nation and cited many examples. December 20, 1979 Page 3 City Attorney Berardini stated that the constitutional amendment relating to church and state is designed to remove the national or state govern- ment to espouse any one religion. Councilwoman Keena didn't want to offend any particular religion or Jewish people who have nothing but support for the Nativity Scene from the traditional sense. Judge Parkinson addressed the Council as a citizen and as a former meni>er of the ACLU Legal Panel for quite some time. He gave a brief history and asked Council to take caution in their actions by calling an improq:>tu meeting without any participation in the adversary hearing and without any of the other side of the constitutional issues being presented. He wanted to make sure that all of our constituents are represented when Council calls an impromptu meeting to discuss the matter among just themselves, no public hearing, no viewing of another side of any case and come down with a Resolution which purports to be the sense of the citizens of the City of F.nglewood. He felt that if a poll were taken that most of the citizens of Englewood would probably belong to a Christian faith which supports the Nativity Scene but wondered what were the rights of the minority. He then again urged Council to take caution. City Attorney Berardini questioned Judge Parkinson whether he thought Englewood City Council could support the actions of the Denver City Council in the Nativity Scene matter4 Judge Parkinson felt that it was within their authority, and stated that they consider their actions. COUNCILWOMAN KEENA MOVED TO AMEND THE MOTION PASSING RESOLUTION NO. 52, SERIES OF 1979, BY REMOVING '111! WORD "CHRISTIAN" AND INSERTING "TRADITIONAL CHRIS'IMAS" AND REKJVING "AS A CHRISTIAN NATION." Councilman Giseburt seconded the motion. Councilman Smith voice his objection to the motion stating that this was a Christian nation and that the verbage was not too limiting. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Taylor, Keena. Nays: Council Members Smith, Clayton, Bilo. Absent: Council Member Williams. nte Mayor declared the motion defeated. nte Mayor called for the vote on Resolution No. 52. of the roll, the vote resulted as follows: Upon the call Ayes: Council Members Giseburt, Smith, Clayton, Keena, Bilo. Nays: Council Member Taylor. December 20, 1979 Page 4 Ab sent: Council Member Williams. The Mayor declared the motion carried. MAYOR TAYLOR MOVED TO ADJOURN 111E MEETING. Mayor Taylor adjourned the meeting without a vote at 6:10 P.H. cluA ~L.o~~A})nwn-= Recording Secretary as authorized by the City Clerk's Office