2021-02-10 CC & Closed Exc. Meeting Minutes - Approved

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City of Centerville Council Meeting Minutes February 10, 2021 Income (AMI) for the CDBG grant, they will need to have 2 units sell in the upper $200,000’s and the remainder would go up from there. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Mosher & King voted in favor. Motion carried. Mayor Love welcomed Centra Homes to the City and noted that he is looking forward to working with them in the future. st 2. Targeted Picketing Ordinance (1 Reading) – (reordered from #1) Administrator Statz noted that the Council had discussed this at a few work sessions. He noted that st this is the 1 Reading of the ordinance and the intent is to have a 2nd reading, so if there is general support today, it will also be on the February 24, 2021 Council Agenda for final approval, adoption, and publication. He gave a brief overview of the background on this proposed ordinance and the desire to keep the language the same as other cities. He explained that the impetus for the ordinance is to prevent picketing that is menacing or problematic for residents or their neighbors. He stated that it would also prevent people from camping out in front of a resident’s home, residents not feeling comfortable in their own homes, and being fearful about where they live. He st stated that they feel that this does not prevent people from expressing their 1 Amendment rights in areas that are more public and non-residential in nature within the community. Attorney Glaser noted that there is a complex background in Constitutional law that supports the language that is included in the ordinance and would echo Administrator Statz’s suggestion not to change the language as it has been presented. He explained that the goal of the City is to allow free speech but there are a few ‘loopholes’ where the police department may not have the ability to control crowds when they get out of hand, which is what was seen recently in Hugo. This ordinance is really meant to address the potential menacing aspect of picketing and protesting in front of an individual home and noted that it closely mirrors State Statute and also noted that Section 1, Subs.3 is the section that is unique to cities. Mayor Love noted that he wanted to apologize if he had offended anyone during the work session with the fictitious nature of his comment. He explained that he had actually been thinking of his own mother when he was young and didn’t want it to be taken out of context. Council Member King questioned what would happen if somebody would be walking, standing, marching, but were not yelling or using a megaphone and instead, just talking or just quietly carrying a sign and not being menacing. Attorney Glaser stated that the Supreme Court asks if the restrictions to limit speech fit in the proper time, place, and manner. He noted that sometimes there is not a bright line test that clearly shows people have crossed the line. He explained that it usually ends up being what is called the totality of circumstances and a judgment call is made based on the facts that are in front of them. He stated that the purpose of this is to say that of the time, place, and manner restrictions, there is something special about a home which is what this ordinance addresses. Page 6 of 10