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HomeMy WebLinkAbout1979-12-20 (Special) Meeting Agenda-• • • __ City Council Meeting -Speeial __J December 20, 1979 j () - - • • - • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 20, 1979 \~ SPECIAL MEETING: The City CoWtcil of the City of Englewood, Arapahoe Coi.Alty, Colorado, met in special session on Dece!OO e r 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 Gis e burt, Taylor, Clayton Keena, Bilo. Absent: CoWlcil Members Williams, Smith. The Mayor declared a quorum present. Also present were: Acting City Manager Cumes City Attorney Berardini 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. by number. Councilman Clayton asked the City Clerk to read the Resolution RESO LUTION NO. 52 SERI ES OF 1979 A RESOLUTION SUPPORTING CITY COUNCIL OF TilE CITY AND COUNTY OF DENVER IN THEIR MAINTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING. COUNCILMAN CLAYTON HOVED FOR THE PASSAGE OF RESOLUTION NO. 52, SERIES OF 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. The Mayor felt that the Resolution should read "for many years" rather than "for over 50 years." Councilman Smith arrived at 5:45 P.M • • I • - • Ucc•ubc r 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 annowced that t hi s 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. Councilaan 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 be would like this an amendment. Mayor Taylor reiterated that Councilaan 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 f rom various church gro up s for funding and that was why be 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 r e t e ntion of the Nativity Scene. Hr. 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 th e Christian aspect rather than traditional aspect. She felt that the third paragraph might need some revision. City Attorney Berardini based his wording on the assuq~tion that this was a Christian nation. He thought traditional might be a good idea. Councilwoman Keena wanted to make sure that Englewood was doing something supportive rather than damaging. City Attorney Berardini felt that this was a Christian 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 collllllunity 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 exaiiiPle&. I • - - • ' • • • • • • • Occcn~>er 2.0 , 1979 l':1ge ) City Attorney Serardini stated that the constitutional amendment relating to church and state is designed to r emove th e national or state govern- men t to espouse any one religion. Councilwoman Keena didn't want to offend any particular religion o r Jewish people who have nothing but support for the Nativity Scene from d1e traditional sense. Judge Parkinson addressed the Council as a citizen and as a former member of th e ACLU Legal Panel for quite some time. He gav e a brief history and asked Council to take caution in their actions by calling an impromptu mee ting without any participation in the adversary hearing and without any of the o ther s ide of the constitutional issues being presented . He want ed to make sure that all of our constituents are represented when Cow1cil calls an impromptu meetin ~ to discuss the matter among just themselves, no public hearing, no viewing of another side of any case and co-down with a Resolution which purports to be the sense of the citizens of the City of Englewood. 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 Co uncil in the Nativity Sc ne matter. Judge Parkinson felt that it wa,; 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 ntE WORD "CHRISTIAN" AND INSERTING "TRADITIONAL CHRISTMAS" AND REltJVING "AS A CHRISTIAN NATlON." 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 r es ulted as follows: Ayes: Cow1cil ~!embers Giseburt, Taylor, Keena. Nays: Council Members Smith, Clayton, Bilo. Absent: Council Member Williams. The Mayor declared the motion defeated. The Mayor called for the vote on Resolution No. 52. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Clayton, Keena, Bilo. Nays: Council Member Taylor. • I • - - • • • • December 20 , 1 979 Page 4 Absent: • • • Council Memb e r Williams. The Mayor declared the motion carried. MAYOR TAYLOR MOVED TO ADJOURN THE MEETING . Mayor Taylor adjourned the meeting without a vote at 6:10P.M. Recording Secretary as authorized by the City Cle r k's o f fice • I • • - • • • • • • COUNCIL CHAMBERS Cl'J'Y OF ENGLEWOOO, COLORADO DECEMBER 20, 1979 \~ SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colo rado, met in special session on Decenber 20, 1.979 at 5:35 P.M. Mayor Taylor, presiding, called th e meeting to order. The Mayor asked for roll call. Upon the call of th e roll, the fo llowing were present: Council Members Giseburt, Taylor, Clayton Keena, Bilo. Absent: Council Menbers Williams, Smith. 111e Mayor d ec lare d a quorum pres e nt. Also present were: Acting City Manager Curnes City Attorney Berardini 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 number. RES OLUTION NO. 52 SERIES OF 1979 A RESOLUTION SUPPORTING CITY COUNCIL OF THE CITY AND COUNTY OF DENVER IN THEI R MAINTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING. COUNCILMAN CLAYTON MOVED FOR THE PASSAGE OF RESOLUTION NO. 52, SERI ES OF 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 SO years. But could not support that i n f ormation. Councilman Giseburt stated that he was 54 years old and the scene has been there ever since he can remember. The Mayor felt that the Resolution sho uld read "for many years" rather than "for over SO years." Councilman Smith arrived at 5:45 P.M • I • - • • • De c c nt>er 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 assu~tion that this was a Christian nation. He thought traditional might be a good idea. Councilwoman Keena wanted to make sure that Englewood was doing something supportive rather than damaging. City Attorney Berardini felt that this was a Christian 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 community 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 exa~les • • - I . - • • • • • • • Decen~)er 20 , 1979 Page 3 City Attorney Berardini stated that th e constitutional amendment relati n g to church and state is d esign e d to r e move the national or state govern- ment to es pouse any one religion. Councilwoman Keena didn't want to offen d any partic ular r e lig ion o r Jewish people who have nothing but s uppo rt for th e N:1 Livity S ce n e from the traditional sense. Judge Parkinson addressed th e Council as a citizen and as a former me mber of th e ACLU Legal Panel for quite som.! time. He gav e a b r ief history an d asked Council to take caution in their actions by calling an impromptu mee ting without any participation in the adversary hearing and without any of the o ther s ide of the constitutional i ss ues b ein g presented. He wanted t o mak e s ure that a ll of our constituents are represente d when Council calls an impromptu ne eting to discuss the matter aumg 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 Englewood. 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 ques tioned Judge P a rkinson wh e th e r h e thought Englewood City Council could support the actions of the Denver City Co un ci l in the Nativity Sce n e matte r. Jud ge Parkinson fel t tha t it was within t heir authority , and stated that they consider the ir ac tions. COUNCILWOMAN KEENA MOVED TO AMEND THE MOTION PASSING RESOLUTION NO . 52, SERIES OF 1979, BY REMOVING TilE WORD "CHRISTIAN" AND INSERTING "TRADITIONA L CHRISTMAS" AND REt«lVING "AS A CHRISTIAN NATIO N ." Councilman Giseburt seconde d the motion. Councilman Smith voice his objection to the motion stating that this was a Christian nation and that the v e rb age was not too limiting . Upon the call of th e roll, th e vote r es u l t e d as follow s : Ay e s: Council Members Giseb urt, Taylor, Keena. Nays: Counc il Members Smith, Clay t on , Bilo. Absent: Council Member Williams . The Mayor d eclared the motion d efeated. The Mayor called fo r the vote on Resol ution No . 52 . Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith , Clayton, Keena, Bilo. Nays : Council Member Taylor • I • • - - • • ( • De c e mb e r 2 0, 1979 Page 4 Absent: • • ,. I • Council Member Williams. The Mayor declared the motion carried. MAYOR TAYLOR MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 6:10P.M. Recording Secretary as authorized by the City Clerk's office • I l I • - • • • • • COUNCIL CHAMBERS CITY OF ENGLE-'IOOD, COLORADO DECEMBER 20, 19 79 \~ SPECIAL MEETING: The City CoWtcil of the City of En g lewood, Arapahoe CoWtty, Colu r a d o , met in spe cial sess i o n on Oe ce n~>c r 2 0, 19 79 at 5 :35 P.M. Mayor Taylor, presiding, called the meeting to order. The Mayor a s ke d for roll cal l . Upo n th e C<lll of th e r oll , the f ollowing were present: Council Members Giseburt, Taylor, Clayton Keena, Bilo. Absent: CoWtcil Members Williams, Smith. 111e Mayor d e clare d a quo rum present. Also present were: Acting City Manager Curnes City Attom ey Be rardini Municipa l Court Judge P a rkinson Recording Se cretary Bradshaw ****** Mayor Taylor state d that th e only item of business was a Resolution wh ich will b e read and assigne d a nunt>e r. Councilman Clay ton asked the City Clerk to read the Resolution by number. RES OLUTION NO. 52 S ERIES OF 1979 A RESOLUTION SUPPORTING CITY COUNCIL OF THE CITY AND COUNTY OF DENVER IN THEIR MAINTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING. COUNCILMAN CLAYTON MOVED FOR THE PASSAGE OF RESOLUTION NO. 52, S ERIES OF 1979. Councilman Gi s eburt seconded the motion. The floor was opened for discussion. City Attorney Berardini felt that the Nativity Scene had been a p a rt of the Denver display for about 50 years. But could not support that i nformation. Councilman Giseburt stated that he was 54 years old and the scene h as been th e re ever since he can remember. The Mayor felt that the Resolution s hould read "for many years" rather than "for over 50 years." CoWtcilman Smith a rri v e d a t 5:4 5 P .M. I • - - • • • Occc mb e r 20, 19 79 Page 2 • • • Councilman Clayton accepted the a me ndment t o hi s motion o f de l e ting the words "over 50" and inserting the word "many." City Attorney Berardini anno~nced that this was a draft only if there were other corrections Council wanted to make. Councilman Giseburt suggested that Coun c il 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 aind 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 Gi s eburt stated that there had been some offe r s from va rious church g r o up s f or f unding 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. Ac ting City Manager Curnes felt that Council could transmit the Resolution with a cover letter. Councilwollllln Keena questione d th e Christian aspect rather than traditional aspect. She felt that the third paragraph might need some revision. City Attorney Berardini based his wording on the as s umption that this was a Christian nation. He thought traditional udght be a good idea. Councilwoman Keena wanted to make sure that Englewood was doing something supportive rather than damaging. City Attorney Berardini felt that this was a Christi an nation r a ther 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 "tradition a l ChristlllllS spiri t i n our c ommunity and i n the United States" would be better than what is stated in the third paragraph. Councilman Smith stated that this is a Christian nation a nd cited many exaqJles • I • - - • • • • • • Decembe r 20 , 1979 Page 3 City Attorney Berardini stated that the constitutional amendment relating to church and state is designed to r emo ve the n a tional or state go ve rn- me nt to espouse any one religion. Councilwoman Keena didn't want to offend any particular religion o r Jewish people who have nothing but support for the Na tivity Sce ne from the traditional sense. Judge Parkinson addres sed th e Council as a citizen and as a former membe r of th e ACLU Legal Panel for quite sc ull! tlmc . He gav e a brief his tory a nd asked Council to take caution in th ei r actions by calling an iq:>romptu meeting without any participation in the a dve rsary hearing and without any of th e o th er side of the constitutional issues b ein g presente d. ll e want e d to make s ure that all of our constituents are represent ed 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 Englewood. He felt that if a poll we r e taken that most of the citizens of Englewood would probably b e long 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 wheth e r he thought Englewood City Council could support the actions of the Denver City Counci l in the Nativity S cene mat t e r. Jud ge Parkinson fel t that it wa s within their authority, and stated that th ey consider th ei r actions. COUNCILWOMAN KEENA MOVED TO AMEND THE MOTION PASSING RESOLUTION NO . 52, SERIES OF 1979, RY REHOVINC 11iE WOIUJ "CilRiSTI AN" AND INSERTING "TRADITIONAL CHRI STMAS" AND REt«>VING "AS A CHRISTIAN NA TION ." Councilman Giseburt seconde d the motion. Councilman Smith voice his objection to the motion stating that this was a Christian nation and that the v e rbage was not too limiting. Upon the call of the roll, the v ote r esulted as follow s: Ayes: Council Members Gis e burt, Taylor, Keena. Nays: Council Members Smith, Clayton , Bile. Absent: Council Member Williams . The Mayor d eclar ed the motion defeated. The Mayor called fo r the vote on Resol ut ion No . 52. Upon the call of the roll, the vote resulte d as follows: Ay es : Council Members Giseburt, Smith, Clayton, Keena, Bilo. Nays: Council Member Taylor. I • - - • • ( • Decemb e r 2 0, 1 9 79 Page 4 Absent: • • • Council Memb e r Williams. The Mayor declared the motion carried. MAYOR TAYLOR HOVED TO ADJOURN THE HEETING. Mayor Taylor adjourned the meeting without a vote at 6:10P.M. Recording Secretary as authorized by the City Clerk's office I • - • • • • • • COUNCIL CHAMBERS CI1Y OF ENGLEWOOD, COLO RADO DECEMBER 20, 1979 \~ S PECIAL MEETING: TI1e City Council o f th e City of En g l e woo d, Ara p ahoe Co llilty , Colo r a do , me t in special s ess i o n on Decemb e r 20, 19 79 at 5:35 P.M. Mayor Taylor, presiding, called the meeting to order. The Mayor aske d fo r roll ca ll. Up o n th e call of th e r ol l, th e f ollowing were present: Council Members Giseburt, Taylor, Clayton Keena, Bilo. Absent: Council Members Williams, Smith. Th e Mayor d ec lare d a quorum present. Also present were : Acting City Manage r Curne s City Atto rn e y lle r a rd i ni Municipal Court Judge Parkinson Recording Secretary Bradshaw * * * * * * Mayor Taylor stated that th e only ite m of business was a Resolutio n w hi c h wi ll b e r ead and a ssign e d a nunber . by numb e r. Councilman Clayton asked th e Ci ty Clerk to read the Resolution RESOLU TIO N NO. 5 2 SERI ES OF 1979 A RE SOLU TION SUPPORTING CITY COUNCIL OF THE CITY AND COUNTY OF DENVER IN THEIR MA I NTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING. COUNCILMAN CLAYTON MOVED FOR TH E PASSAGE OF RESOLUTION NO. 5 2 , S ERIES OF 1979. Councilman Gi s eburt sec onde d th e mot i on. Tile floor was opened for discussion. City Attorney Berardini felt that the Nativity Scene had been a pa rt o f the Denve r display for about 50 years . But could not support that i n f ormation. Councilman Giseburt stated that he was 54 years old and the s cene has been th e r e e ver since he can remember. The Mayor felt that the Resolution s hould read "for many years" rather than "for over 50 years." Counci l man Smith a rrive d a t 5 :45 P.M • • • I • - ( • l kcc ii~)C r 20, 19 79 Page 2 • • • Councilman Clayton accepted the amendment to his motion of del e ting the words "ove r SO" and inserting the word "many." City Attorney Berardini announced that this was a draft only if there were other corrections Council wanted to make. CoWlcilman Ciseburt suggest e d that Council collect don a tions to help support the cost of $2,000 for the maintenance of the Nativity Scene. Councilman Ciseburt stated that this was a motion but Councilma n Clayton s tate d 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 fw1ding and that was why he wanted the amendment a dded. 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 Sulliva n s tated that a Re s olution from Englewood would be very well received. Acting City Manager Curnes felt that Council could transmit the Resolution with a cover letter. Councilwoman Keena que stioned th e Chris ti a n aspect rathe r than traditional aspect. She felt that the third paragraph might need some revision. City Attorney Berardini based his wording on the assu""tion that this was a Christian nation. He thought traditional might be a good idea. Councilwoman Keena wanted to make sure that Englewood was doing something supportive rather than damaging. City Attorney Berardini felt that this was a Christian 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 community 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 exaqlles. • - I • • - - ' • • ( • • • • December 20, 1979 Page 3 City Attorney Berardini stated that the constitutional amendment r e lating to church and state is designed to remove the national or state govern- me nt to espouse any one religion. Councilwoman Keena didn't want to offend any particular religion o r 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 member 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 impromptu meeting without any participation in the adversary hearing and without any of the other side of the constitutional issues being pre sented. 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 Englewood. 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 Co un ci l in the Nativity S cen e matte r. Jud ge Parkin son felt tha t it was within their authority, and stated that th e y consider th e ir actions. COUNCILWOMAN KEENA MOVED TO AMEND THE MOTION PASSING RESOLUTION NO . 52, SERIES OF 1979, BY REMOVING Tii E WORD "CIIIUSTIAN" AND lNSERTINC "TRADITIONAL CHRISTMAS" AND RE!t:>VING "AS A CHRISTlAN NATlON ." Councilman Giseburt seconded the motion. Councilman Smith voice his objection to th e motion stating that this was a Christian nation and th at the v e rbage was not too limiting. Upon the call of th e roll, th e v ote resulted as follows: Ayes: Council Members Gis e burt, Taylor, Keena • Nays: Council Members Smith, Clayton, Bilo. Absent: Council Member Williams. The Mayor declared the motion defeated. The Mayor called for the vote on Resolution No. 52. Upon the call of the roll, the vote resulted as follows: Ayes: Council Memb e r s Giseburt, Smith, Clayton, Keena, Bilo. Nays: Council Member Taylor • • I • • - - ( • • Oecember 20, 1979 Page 4 Absent: • • • Council Member Williams. The Mayor declared the motion carried. MAYOR TAYLOR MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 6:10P.M. ~~L~ttt-= Recording Secretary as authorized by the City Clerk's office • I • - ( • ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, 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 th e call of the roll, the following were present: Council Members Giseburt, Taylor, Clayton Keena, Bilo. Absent: Council Members Willi alliS, Smith. ·n,c Mayor d eclared a quorum present. Also present were: Acting City Manager Curnes City Attorn e y Berardini 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 number. RESOLUTION NO. 52 SERIES OF 1979 A RESOLUTION SUPPORTING CITY COUNCIL OF THE CITY AND COUNTY OF DENVER IN THEIR MAINTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING. COUNCILMAN CLAYTON MOVED FOR THE PASSAGE OF RESOLUTION NO. 52, SER IES OF 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 i nformation. Councilman Giseburt stated that he was 54 years old and the scene h as been there ever since he can remember. Th e Mayor felt that the Resolution s hould read "for many years" rather than "for over 50 years." Councilman Smith arrived at 5:45 P.M • • I • - ( • • ( • il i!C(!II~H! r 20 , 19 79 Page 2 • • • Councilman Clayton accepted the amendment to his motion of deleting the words "over SO" and inserting the word "man y ." 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 vnrious church g ro up s 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. Hr. 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 something supportive rather than damaging. City Attorney Berardini felt that this was a Christian nation rather than Islamic and dido' 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 community 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 exaq>les. • () I • - - c • • ( • • • Decc nd )er 20, 1979 l':~gc J City Attorney Berardini stated that the constitutional amendment r e lating to church and state is designed to r e move the national or state govern- men t to espouse any one religion. Councilwoman Keena didn't want to offend any particular religion o r Jewish people who have nothing but s upport f o r t h e Nat ivity Sce ne from the traditional sense. Judge Parkinson addressed the Council as a citizen and as a former member of th e ACLU Legal Panel for quite some time. He gave a brief his tory a nd asked Council to take caution in their actions by calling an i""romptu meeting without any participation in the adversary hearing and without any of the other side of the constitutional issues b ei n g presented. lie wa nte d to make s ure that all of our constituents are represented wh e n Council calls an impromptu nceting 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 Englewood. He felt that if a poll we re taken that most of the citizens of En g l e wo od would probably b e long t o a Christian faith which supports the Nativity Scene but wondered what were the rights of the minority. He then again urge d 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 matter. 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 TH E WORD "CHRISTIAN" AND INSERTING "TRADITIONAl. CHRISTMAS" AND REI-«>VING "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 ve rbage was not too li.miting. Upon the call of the roll, the vote resulted as follows: Ayes: Cowtcil Members Giseburt, Taylor, Keena. Nays: Council Members Smith, Clayton, Bilo. Absent: Council Member Williams. The Mayor declared· the motion defeated. The Mayor called for the vote on Resolution No. 52. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Clayton, Keena, Bilo. Nays: Council Member Taylor. I • - - c ( • llecember 20, 1979 Page 4 Absent: • • • Council Member Williams. The Mayor declared the motion carried. MAYOR TAYLOR MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 6:10P.M. ~·'~''!-= Recording Secretary as authorized by the City Clerk's office I • • - • • • • CALL FOR SPECIAL MEETING TO: The Honorable James L. Taylor, Mayor Pursuant to Section 1-4-2 of the '69 Englewood Municipal Code, Councilmen Don Williams, David Clayton, Oliver Giseburt and Donald L. R. Smith did, on Tuesday, December 18, 1979, expressly request and direct that a call for a special meeting be made of the Englewood City Council for Thursday, December 20, 1979, at 5:30 P.M. in Conference Room A of City Hall. NOTICE -SPECIAL MEETING TO: The Honorable James L. Taylor, Mayor David Clayton, Mayor Pro Tern Councilmembers Donald L. R . Smith, Oliver Giseburt, Donald w. Williams, Joe Bilo, Betty Keena You are hereby notified that pursuant to Section 1-4-2 of the '69 Englewood Municipal Code, a special meeting of the City Council was directed to be called for Thursday, December 20, 1979, at 5:30 P.M. in Conference Room A of City Hall at the express written request of four Councilmen. The City shall consider at said special meeting the follow- ing matter: the Resolution supporting City Council of the City and County of Denver in their maintaining the Nativity scene at the City and County Building. Dated this 20th day of December, 1979. urnes, Act1ng C1ty Manager I I • - - • • • • • In Special Council Session December 18, 1979 10:45 P.M. The undersigned Councilmen hereby expressly request that a special Council Meeting be held on Thursday, December 20, 1979, I • - • • • • • • RESOLUTION NO . 52 , SERIES OF 1979. A RESOLUTION SUPPORTING THE CITY COUNCIL OF THE CITY AND COUNT Y OF DENVER IN THEIR MAINTAINING THE NATIVITY SCENE AT THE CITY AND COUNTY BUILDING AT DENVER, COLORADO. WHEREAS, the American Civil Liberties Union has broug ht suit to remove the Nativity Scene from the display located at the City and County Building in Denver, Colorado; and WHEREAS, the Nativity Scene has been part of such di sp lay for many years in the City and County of Denver; and WHEREAS, the Christmas Nativity Scene is one that typifies the Christian spirit in our community and in the United States as a Christian nation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: That the City Council of the City of Englewood, Colorado, applauds and supports the action of the City Council of the City and County of Denver in appealing the order of Judge Matsch directing the removal of the Nativity Scene and urge that the City Council of the City and County of Denver authorize further appeals as are necessary to pursue this matter to conclusion. ADOPTED AND APPROVED this 20th day of December, 1979. Attest: {~~/.~k ex<i:fflCio cPty Clerk-T~easurer I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the city of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. 52, Series of 1979. • D I •