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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/17/2007 - RESOLUTION 2007-062 AUTHORIZING THE CITY MANAGER T ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: July 17, 2007 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry SUBJECT Resolution 2007-062 Authorizing the City Manager to Appoint a Task Force of Citizens to Make Recommendations Regarding the Display of Religious Symbols on Public Property. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY In the past, Council has received requests from citizen groups wishing to display, on City-owned property, symbols associated with the winter holiday season, some of which are religious in nature. This Resolution authorizes the City Manager to appoint a citizen task force to review this issue and recommend possible modifications to the City's holiday display policy and/or the provisions of the City Code pertaining to unattended displays on City property. BACKGROUND For some time the Fort Collins community has engaged in a dialogue about current policies surrounding the display of religious symbols on public property. In November 2005,requests were made to place a menorah either in the City's holiday display or elsewhere on public property, including Old Town Plaza and City-owned properties and right-of-ways. The City denied the request because its own holiday displays are secular in nature and because the City does not allow private, unattended displays on its property. Since then,the subject of religious displays on public property has remained a topic of considerable discussion by City Council and the community as a whole. In 2006, City Council reviewed its holiday display policy, which addresses both outdoor displays in Old Town and displays on other City property. The decision was made to maintain the current policy and reduce it to writing, as shown in Attachment 1. The City Code provisions dealing with unattended displays are shown on Attachment 2. The proposed Resolution directs the City Manager to appoint an ad hoc citizen task force of up to twenty members to review and recommend modifications to the holiday display policy and/or the provisions of the City Code pertaining to unattended displays on City property. The task force is to be made up of a diverse cross-section of community representatives interested in resolving concerns July 17, 2007 -2- Item No. 22 around this issue. Members of the task force may include representatives of the Human Relations Commission, Interfaith, Fort Collins Church Network, Not in Our Town Alliance, Downtown Business Association and other faith, business or community organizations interested in participating. City staff will facilitate initial task force meetings in order to introduce members to one another, clarify the group's charge, explain the legal parameters related to the subject matter of their deliberations,and determine a decision-making process. Once the foundation for the group has been laid, the task force will be asked to elect a leader who will convene and lead remaining meetings. The group is expected to share its findings with City Council no later than October 31, 2007. ATTACHMENTS 1. City Holiday Display Policy. 2. Code Provisions Related to Unattended Displays. ATTACHMENT 2.4 City Holiday Displays A. Definitions "Holiday displays" means seasonal decorations sponsored by the City, erected between November 1 and January 30, and located on City property that is open to the public. "Secular"means not overtly or specifically religious. B. Outdoor Displays in Old Town The City's outdoor holiday displays at Oak Street PIaza, City Hall, Police Services, the Remington Street Parking Structure, the Civic Center Parking Structure, the Downtown Transit Center, the Fort Collins Museum, 222 LaPorte Avenue, and the City office buildings at 117 North Mason, 215 North Mason and 291 North College, shall consist of any one or a combination of the following elements: • White or colored lights; • Trees, wreaths, garlands or other foliage, either real or artificial; • Written, secular holiday messages, the content of which shall be approved in advance by the City Manager, in consultation with the City Attorney C. Displays on Other City Property The content of indoor holiday displays at all City facilities and of outdoor displays at City facilities other than those listed above shall be in the discretion of the heads of the department or departments located in such facilities. However, the content of any such displays shall be secular in nature and shall comply with all applicable local, state and federal laws and regulations. Staff members are encouraged t ntact the City Attorney's office with any questions about these requirements. Policy adopted October ZS , 2006 \ Darin A. Attebery City Manager ATTACHMENT CHAPTER 23 PUBLIC PROPERTY ARTICLE III. OBSTRUCTIONS AND ENCROACHMENTS DIVISION 3. ENCROACHMENTS Sec. 23-83. Investigation of application information; fee; permit modification and revocation. (e) If the encroachment is for newsracks, the City Manager's decision whether to issue or deny issuance of the permit shall be made within fifteen (15) days following the date that a complete application was submitted to the City. With the exception of newsracks, no privately owned, unattended displays designed or intended to convey a meaning or message shall be permitted as encroachments under this Division. ARTICLE IX. NATURAL AREAS Sec. 23-193. Prohibited acts; permits. (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: (12) Post a notice or sign, including fastening, displaying or depositing cards,posters or other written materials in a natural area, or to erect a display in a natural area, unless such items are incidental to another ongoing permitted activity and are specifically authorized by the permit for such activity. ARTICLE X. PARKS, TRAILS AND RECREATION AREAS Sec. 23-203. Prohibited acts; permits. (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to: (11) Post a notice or sign, including fastening, displaying or depositing cards, posters or other written materials in a recreation area, or to erect a display in a recreation area. Even when the posting or displaying of such items is authorized by a permit, no such items shall be left within the recreation area between the hours of 11:00 p.m. and 5:00 a.m. RESOLUTION 2007-062 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO APPOINT A TASK FORCE OF CITIZENS TO MAKE RECOMMENDATIONS REGARDING THE DISPLAY OF RELIGIOUS SYMBOLS ON PUBLIC PROPERTY WHEREAS, in the recent past, the City has received requests from citizen groups wishing to display symbols associated with the winter holiday season on City-owned property,some ofwhich symbols are religious in nature; and WHEREAS, to date, the City's response to these requests has been to continue its practice of limiting its own holiday displays to secular symbols and messages, and to prohibit the private placement of unattended displays on City sidewalks and other City property, while allowing other avenues of First Amendment expression on such property; and WHEREAS, the City Council is interested in reconsidering the position that the City has taken with regard to these policies and wishes to solicit input on this subject from a task force comprised of a cross section of the community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager is hereby authorized and directed to create and appoint a task force of citizens,not to exceed twenty members,to review this issue and to submit to the City Council, no later than October 31, 2007, any recommendations that the task force may have with regard to the possible modification of the City's holiday display policy and/or the provisions of the City Code pertaining to unattended displays on City property. Section 2. That the City Attorney is hereby authorized and directed to provide the task force with any general information about applicable legal principles that he believes may be helpful to the task force in formulating its recommendations to the Council. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of July, A.D. 2007. Mayor ATTEST: City Clerk