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08-18-2023 Commission on Aging Agend and Packet1.10:00 A.M. - CALL TO ORDER 2.APPROVAL OF AGENDA 3.APPROVAL OF MINUTES 3.A Approval of Minutes dated April 21, 2023 4.VISITOR PRESENTATION 5.DISCUSSION ITEMS 5.A Discussion and Update on City Website Revisions 5.B Discussion on July 3rd Business Expo and July 4th Bingo Events 5.C City Ordinance Regarding Solicitors and Peddlers 5.D Senior Center / Civic Campus Listening Session Summary Discussion 5.E Humanity Alliance Partnership Discussion 5.F Alzheimer's Awareness Month Preparation 6.GOALS/STRATEGIC PLAN 7.UPCOMING EVENTS 8.COMMISSION PRESENTATIONS 9.MONTHLY REPORTS 10.ADJOURNMENT AGENDA CHANHASSEN COMMISSION ON AGING FRIDAY, AUGUST 18, 2023 FOUNTAIN CONFERENCE ROOM, 7700 MARKET BOULEVARD 1 Commission on Aging Item August 18, 2023 Subject Approval of Minutes dated April 21, 2023 Section APPROVAL OF MINUTES Prepared By Jenny Potter, Sr. Admin Support Specialist Commission on Aging Minutes dated May 19, 2023 2 CHANHASSEN COMMISSION ON AGING MINUTES May 19, 2023 CALL TO ORDER Vice-Chair Camarata called the meeting to order at 10:04 MEMBERS PRESENT: Laura Baumtrog, Gwen Block, Jim Camarata, Kara Cassidy, Ruth Lunde (zoom), Beth Mason, Bhakti Modi (Zoom), and. MEMBERS ABSENT: Ruth Slivken STAFF PRESENT: Mary Blazanin, Senior Center Coordinator, MacKenzie Young-Walters, Associate Planner, Eric Maass, Planning Director GUESTS PRESENT: Allison Streich, Carver County CDA Deputy Director, Dawn Plumer, Carver County Public Health, Linnea Fonnest, Adults Services Librarian APPROVAL OF AGENDA Commissioner Lunde made the motion to approve the agenda. Commissioner Cassidy seconded. All members voted in favor and the motion carried. Agenda was approved. COMMISSION ON AGING MINUTES APRIL 21, 2023: Commissioner Cassidy Camarata moved to approve the minutes as amended. Commissioner Baumtrog seconded the motion. All members voted in favor and the motion carried. MONTHLY REPORTS: Allison Streich, Deputy Director of Carver County CDA – Carver Oaks Senior Residence Project. - Allison gave an overview of the Senior Residence Project. Commissioners heard the updates from Deputy Director Streich and gave more feedback on design ideas. DISCUSSION ITEMS: Arbor Day Update – Tree Planting happened on May 6 at Bandimere. They planted trees and made seed-bombs. Manuel Jordan’s talk was very informative about planting trees. Memorial Day on Monday, May 29th, 2023, at Noon, City Center Park Eric Maass gave an update. The Commission on Aging table will be ready for Jerry Cerchia and other volunteers when they arrive. July 4th Bingo Event Update Commissioners were asked to reach out to the businesses to get donations for the event. Chair Lunde said that in the past, she would have to reach out to the businesses several times before any donations were made. The question was asked how the businesses get recognized. There is a large poster that will have the names of those that donated that is posted at the event. 3 Commissioner Block will be the point person for the Bingo event and Commissioners Mason and Baumtrog will assist. A question was raised about attending the Trade Fair Expo on July 3rd. Commissioner Modi may be able to assist with the table on that day. Eric will report back to the Commission about that event. Act on Alzheimer's Update Chair Lunde reported that they prepare for the month of November. Some of the Act on Alzheimer’s materials are used for the Trade Fair Expo. Mary Blazanin will assist with getting information out to the Commissioners on how to order brochures for use at these events. VISITOR PRESENTATIONS Community Health Update: Dawn Plummer told the commission that a 2nd bivalent booster for COVID was approved for those 65 and older or with other risk factors and provided a handout. The emergency order for COVID ended May 11. Library Adult Program Update: Linnea Fonnest, Adults Services Librarian, shared all the upcoming programs that will be offered by the library. Saturday, June 17th, there will be a jigsaw puzzle swap at the library. They will also have a Book Bingo during the swap. Games and Gathering will be a program offered to engage all ages this summer and fall. The Library is celebrating its 20th anniversary this year. Senior Center Update: Mary is working on fall and winter programs. They have had requests for more trips, so they are working on additional programs. Mary gave an overview of programs. Jerry Ruegemer’s presentation was praised for being very informative. The presentation included information about the new Senior Center and that Mary will be taking feedback about what should be included. Eric Maass gave an update that they will be looking for input on design, but it might be in the next few months and will add it to the agenda when appropriate. Commissioner Modi would like to be added to the agenda for next month. ADJOURNMENT: Vice-chair Camarata called for meeting adjournment. Commissioner Lunde moved to adjourn; Commissioner Cassidy seconded the motion. All voted in favor and the motion carried. Meeting adjourned at 11:16 am Minutes Prepared by Jenny Potter Submitted by Eric Maass, Planning Director 4 Commission on Aging Item August 18, 2023 Subject Discussion and Update on City Website Revisions Section DISCUSSION ITEMS Prepared By Eric Maass, Planning Director COA member Bhakti Modi has been working with Arianna Lyksett, the City's Communications Manager on a number of updates to the city's website to make it more accessible and easier to navigate. Bhakti and Arianna will provide background on the changes made to date and what plans there are for future updates within the city's framework for it's website. Senior Center Resources Links Senior Center Sample Page Idea 5 Activities & Clubs calehdar Mainclasses Linkclub LinkHistorical Link Link External Link Churches Details Link External Link in PlaceYour DoorFood Food External LinkMarkettood Food Food Main Health Main Health Main ResourceS Main Main Link Main Main Senior Center senior Center Main Lanks Main senior Cehte, 6 Senior Services These pages will provide senior services information for seniors, family, friends, and caregivers. The resources available below vary between Chanhassen, Carver County, and other surrounding areas. Please click on the categories to get more information. To siqn up to receive emails related to senior actrttities, events, annaur!(enefitS, o1 f61 more information please conta(t EMAIL. Active Older Adulrs Community Veterans services, religious services, COVID-19, local government, mixed media, communication, and others. Senior center information. Local social events, activities, things to do, volunteer opportunities, programs, etc. Educational classes and more. -:o:P Finonciol Food & Sustenonce Food locations and services in surrounding area Restaurants and programs such as meals on wheels. Access or assistance on insurance, financial questions, social security, and more. Links to external resources. M Heolrh & Wellness Housing & Aging in Ploce lnformation on local housing locations. Resources to help citizens successfully age in place. Programs such as habitat for humanity. Physical and mental health resources. Fitness centers, clinical and mental health, and nutritional services, etc. Memory Tronsportotion Memory care support groups. Memory caf6 details. Alzheimer's and dementia services and programs. lnformation on available transportation services in Chanhassen and surrounding area. Public transit, assistance for those who are unable to drive themselves, cab services, etc. 6e a o (1 a a 7 General . One mail page with all sub-pages clearly identified . When moving to sub-pages, should be easy to get back to main page . The current tabs are oK - should be updated to assigned categories . Easy to move within the categories +*VITAL . External links should open in NEWtab, sooriginal page stays . The path for the pages needs to be updated . ldeally would be good to have "Senior Services" under its own banner, instead of Parks (if possible) . The dropdown menu shows it separately, but when you open page, it goes under Parks - makes it confusing to follow . OK to add disclaimer somewhere if it must associate with Parks . Digital accessibility - mobile & tablet format necessary Senior Center . Should be its own page under AOA . Helpful Links section should be removed from "Senior Center" page - as these resources will be redistributed by categories . Add section for "For other activities and clubs, visitthis page" - add link to the 'Activities & Clubs" page . Remove from Senior Center: Carver County links, Metro Mobility, Senior Linkage Line . Senior Center Ongoing Activities digital brochure should be under the Senior Center page Other Pages . Calendar - old documents, should remove this page . Education - remove "Related Resources" . Senior Programs - remove page . Special Events & Day Trips - remove "Related Resources" 8 Commission on Aging Item August 18, 2023 Item Discussion on July 3rd Business Expo and July 4th Bingo Events File No.Item No: 5.B Agenda Section DISCUSSION ITEMS Prepared By Eric Maass, Planning Director Reviewed By SUGGESTED ACTION No formal action necessary. Motion Type N/A Strategic Priority N/A SUMMARY This will be an opportunity for the COA members to discuss what was believed to go well with the July 3rd Business Expo and July 4th Bingo events in preparation for 2024. BACKGROUND DISCUSSION BUDGET RECOMMENDATION 9 ATTACHMENTS 10 Commission on Aging Item August 18, 2023 Item City Ordinance Regarding Solicitors and Peddlers File No.Item No: 5.C Agenda Section DISCUSSION ITEMS Prepared By Eric Maass, Planning Director Reviewed By SUGGESTED ACTION Topic for discussion only; no action requested. Motion Type N/A Strategic Priority N/A SUMMARY Staff received an inquiry from Commissioner Slivken regarding the recently adopted ordinance amending the way in which the city handles solicitors within the city. Staff has collected information from the City Council deliberation, City Attorney memo on the item and included the questions raised by Commissioner Slivken requesting that the Commission On Aging have a discussion regarding the ordinance adopted by the City Council. BACKGROUND DISCUSSION BUDGET 11 RECOMMENDATION ATTACHMENTS COA Member Question Prompt April 24, 2023 - City Council Staff Report Memo From City Attorney Regarding Solicitors Ordinance 12 From:Hokkanen, Laurie To:Slivken, Ruth; Lunde, Ruth; Maass, Eric Subject:FW: agenda item? Date:Wednesday, June 7, 2023 10:38:09 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png Good morning Ruth, I wanted to share some additional information and respond to the concerns that you raise below. The city was advised that our previous ordinance was not lawful and subjected the city to risk of litigation. The Courts have generally ruled against most anti-solicitors ordinances. Generally, the reason the Courts have ruled that anti-solicitation ordinances violate the First Amendment is essentially summed of as this -- the decision of whether to listen to a solicitor or not is ultimately the individual homeowners’ decision. The laws and rules around solicitors are somewhat complicated and mostly out of the city’s jurisdiction, but we remain committed to helping residents with problems created by solicitors and maintaining a safe community. The best way for a homeowner to prevent solicitors is to install a “No Solicitors” sign or decal. The sign must be at 4” by 4” and use a minimum 48 font. The city has these available free of charge for pickup or they can be requested to be sent by mail by emailing aweidman@chanhassenmn.gov. By posting such signage on your property, you are essentially telling those who solicit that they are not welcome on your property and are breaking the law if they do so. These signs are legally enforceable as means to prevent the homeowner from being disturbed. Homeowners should call 911 if solicitors are violating the signs. You also asked about political candidates – under MN State Law (https://www.revisor.mn.gov/statutes/cite/211B.20), political candidates must be allowed access to multi-unit dwellings. Littering remains a violation of both city code and State Statute. Violators can be ticketed and fined. Please call 911 if you see solicitors doing so. If anyone wants to read legal stuff, here are some sample cases: · Watchtower Bible & Tract Society of New York, Inc. vs. Village of Stratton · Dublirer vs. 2000 Linwood Avenue Owners Inc. · Ohio Citizen Action vs. City of Englewood Thanks again for sharing your concerns, Laurie Hokkanen City Manager CITY OF CHANHASSEN PH. 952.227.1119 FX. 952.227.1110 13 www.ci.chanhassen.mn.us From: Maass, Eric <emaass@chanhassenmn.gov> Sent: Tuesday, June 6, 2023 5:52 PM To: Lunde, Ruth <lundeworld@yahoo.com>; Slivken, Ruth <ruthslivken@gmail.com> Subject: RE: agenda item? Hello Ruth S and Ruth L, Thank you for the questions. The City has fielded a handful of questions relating to door-to-door solicitors. The City’s communications team is putting together an FAQ about the recent Council action regarding what did/did not change. That communications piece will also include helpful tips for how residents can interact with solicitors or take steps to avoid interaction all together. Thank you, Eric Maass, AICP, EDFP Planning Director CITY OF CHANHASSEN Email: EMaass@chanhassenmn.gov Cell. 651.724.1717 www.ci.chanhassen.mn.us From: Ruth Lunde <lundeworld@yahoo.com> Sent: Tuesday, June 6, 2023 2:31 PM To: Maass, Eric <emaass@chanhassenmn.gov>; Slivken, Ruth <ruthslivken@gmail.com> Subject: Re: agenda item? Hello Ruth S, thank you for your email and how you look out for the safely and well-being of Chanhassen seniors.. For each meeting of our Commission on Aging, I think we've had an agenda item near the end of the end of the agenda that is Commissioner Comments (or something like that). You or any other can bring up something to the group. Someone in the group (whether a Commissioner or staff) might suggest a next step. Sometimes from a brief discussion, the group wants to have that item on the agenda for an upcoming COA meeting. Does that sound ok? Hello Eric, do you have comments on the above? Or if you would have this on the agenda for our June COA meeting, could you or someone provide information on the City Council's adoption of a new policy regarding door to door solicitation and sales? I'm not familiar with it myself. If our COA would be discussing the topic, maybe you or someone else from the City could provide information? We could also let members of the COA know how concerns can be expressed (e.g. how to email the City Council or the Mayor)? Anyway, some ideas. 14 Thank you both! Ruth Lunde On Monday, June 5, 2023 at 08:56:44 PM CDT, ruth slivken <ruthslivken@gmail.com> wrote: I am hearing some blow back about the City Council's adoption of a new policy regarding door to door solicitation and sales. This is what i am hearing: Seniors pay for security buildings to feel safe in their living quarters or have invested in motion detectors and security systems to protect themselves and their property. The new rules seem to allow for door to door sales and solicitations even in security buildings. Many are fearful of having random people strolling around their neighborhoods where there may be children at play. Concerns were brought up about the amount of paper trash generated and tossed in neighborhoods. And that having people walking around under the pretense of selling a product or promoting a candidate is an invasion of the privacy we enjoy in our buildings and neighborhoods. People soliciting or selling things are an intrusion into the safety and privacy of our homes; homes where we expect to be left alone in peace and quiet and not deal with political people, sales people, etc. Finally, the huge issue of safety. Can people approaching our homes and buildings be "casing the place" for possible commission of crimes. if a door is opened can there be home invasions? What will the City do to protect people who live here? What measures will be taken to ensure a safe and quiet place to live? Everyone agreed, making these changes should not be done as means of 'doing what everyone else is doing". I do not know if the Commission on Aging can take on these questions, but I think the issues are valid and should not be ignored. 15 City Council Item April 24, 2023 Item Ordinance XXX: Amending City Code Article 10-IV - Peddlers, Solicitors and Transient Merchants File No.Item No: D.15 Agenda Section CONSENT AGENDA Prepared By Kim Meuwissen, City Clerk Reviewed By Laurie Hokkanen SUGGESTED ACTION "The Chanhassen City Council adopts an ordinance amending City Code Article 10-IV - Peddlers, Solicitors and Transient Merchants." Motion Type Simple Majority Vote of members present Strategic Priority N/A SUMMARY BACKGROUND Earlier this year, the issuance of solicitor licenses was transferred from the Building Department to the City Clerk. City Code was reviewed and the license application was updated and forwarded to the City Attorney for review. City Attorney Andrea McDowell Poehler responded that the state statute cited in the city code does not require solicitors to be licensed, and city code only requires the registration of solicitors. A city could run afoul of constitutional laws related to freedom of speech and the commerce clause if the city required licensing or registration of solicitors because they are either canvassing related to political or religious issues (freedom of speech) or taking orders for delivery of goods at a later date (commerce clause). City Manager Laurie Hokkanen requested the City Attorney compose the attached memo to the city council providing the legal background surrounding the regulation of solicitors and placed the item on the April 10, 2023 City Council Work Session for review. 16 DISCUSSION Following the presentation of the topic at the April 10, 2023 Work Session, the City Attorney answered Council's questions. Following council discussion, the following options became apparent: 1. Modify the city code to require commercial solicitors to register with the city without requiring a registration fee or background investigations; 2. Repeal and replace City Code Article 10-IV - Peddlers, Solicitors, and Transient Merchants removing any registration requirements, and encourage residents to obtain a free "No Solicitors" window cling from the city to post at their door if they do not wish to receive solicitors. The council advised staff to move forward with Option 2 to repeal and replace City Code Article 1-IV - Peddlers, Solicitors, and Transient Merchants as shown in the attached draft ordinance, and offer free "No Solicitors" window clings to residents to post. BUDGET RECOMMENDATION ATTACHMENTS Draft Ordinance Redlined Ordinance Informational Memo from City Attorney dated March 14, 2023 League of Minnesota Cities Information Memo Excerpt 17 1 225539v2 ME MO RANDUM TO:CITY OF CHANHASSEN FROM: CAMPBELL KNUTSON,P.A. DATE: MARCH 14,2022 RE:LEGAL BACKGROUND SURROUNDING REGULATION OF SOLICITORS SUMMARY While a city can license peddlers and transient merchants, it should avoid licensing solicitors or canvassers because of their rights under the Constitution. Registration is a less restrictive alternative to licensing that may be permissible for commercial solicitors. However, an ordinance imposing such requirements should clearly state that noncommercial canvassing activities are exempt from any such registration requirements. ANALYSIS A solicitor engages in door-to-door activities, but only goes from place to place to obtain orders for goods or services that will be delivered or performed at a later date.Solicitors do not carry the merchandise they are offering for sale with them. Most often, a solicitor will use samples or carry catalogues illustrating the goods or services available. By contrast, a peddler is someone who goes door-to-door attempting to sell a product that the peddler already has with them and will deliver the product immediately upon sale. A transient merchant is a person who temporarily sets up business out of a trailer, vehicle, portable shelter, or empty store front for the purpose of attempting to sell goods and does not remain in one location for a long period of time. A canvasser is someone who goes door-to-door, or from location-to-location, with the primary purpose of furthering religious, social, or political advocacy. All Parks Alliance for Change v. Uniprop Manufactured Housing Cmtys. Income Fund, 732 N.W.2d 189 (Minn. 2007). While a door-to-door advocate of this nature falls under the term solicitor, unlike solicitors, 18 2 225539v2 financial profit is not the canvassers’ primary motivation. Rather, a canvasser is engaging in activity for noncommercial purposes. A canvasser may: Ask for signatures on a petition. Request support for a political candidate or position. Espouse religious beliefs or causes. Seek donations, organization memberships, or other financial support for their religious, social, or political organizations. Take orders for goods, to be delivered at a later time, in order to raise money for a non-profit or other charitable organization’s operations. Although statutory cities are specifically provided the power to “restrain or license and regulate” solicitors and canvassers, most legal authorities suggest their authority to regulate solicitors and canvassers is actually more limited. See Minn. Stat. § 412.221, subd. 19. The regulation of door-to-door advocates (solicitors or canvassers) involves many basic constitutional rights, including a canvasser’s freedom of speech and possibly freedom of religion, a solicitor’s Commerce Clause protections, and a homeowner’s privacy and property rights. One major restriction on local licensing of solicitors is the Commerce Clause of the U.S. Constitution. The Minnesota Attorney General has advised that because states are prohibited from interfering with interstate commerce, local governments cannot collect license fees from solicitors who take orders in one state for goods to be delivered in the future from another state. A.G. Op. 59a-32 (Jan. 13, 1961). In contrast, a municipal ordinance requiring all solicitors, including interstate merchants, to simply register with local authorities before engaging in their business activities may be a reasonable local regulation of interstate commerce. While most canvassing activities do not raise concerns under the commerce clause, these activities likely raise protections under the First Amendment. The First Amendment provides that communications are generally protected from censorship by the government. Social, political, and religious door-to-door canvassing that does not involve the solicitation of money or the sale 19 3 225539v2 of goods is among the most protected activities under the First Amendment. U.S. Const. amend. I. Vill. of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 100 S. Ct. 826 (1980); Schneider v. State, 308 U.S. 147, 60 S. Ct. 146 (1939). If the activity is pure advocacy (the expression of one’s views or religious principles), a local unit of government cannot impose a prior restraint, such as obtaining a license or registration before engaging in the activity. Unfortunately, it is less clear what regulations, if any, may be enacted when the canvassing involves the sale of goods and services that will be provided at a later date. So, while the city can license peddlers and transient merchants, it probably should not license most solicitors or canvassers. Registration is a less-restrictive alternative to licensing. The process involves recording a person’s name and all other information necessary to ensure the good faith and conduct of the registrant. With registration, there are no approvals or denials, and no fees or background checks. The process should only take a few minutes, rather than the days involved with licensing. It is likely that a city may require commercial solicitors to register prior to their door-to-door activities, as registration alone should not have any impact on interstate commerce. However, this authority cannot extend to noncommercial operations (canvassing circumstances where an individual’s primary or sole purpose for going door-to-door is to further social, political, or religious beliefs) or where commercial profit, if present, is a secondary concern. Any potential ordinance that requires door-to-door commercial solicitors to register should carve out an exception that states nothing in the ordinance shall prohibit or restrict non-commercial door-to- door advocates (canvassers) and that persons engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor. 20 4 225539v2 Cities are prohibited from even registering individuals going from place to place to exercise their constitutional rights to freedom of speech and freedom of religion. In one U.S. Supreme Court case, a city had required all solicitors to register and obtain a permit from the mayor’s office before entering private property to promote any cause. The Court held that a licensing requirement for social, political, and religious door-to-door canvassing would inhibit the free exercise of a person’s right to express ideas or solicit support anonymously or spontaneously.Watchtower Bible & Tract Soc’y of New York, Inc. v. Village of Stratton, 536 U.S. 150, 122 S. Ct. 2080 (2002). While cities have taken different approaches in policing the activities of non-commercial advocates, a conservative approach is practicable. These types of solicitors should not be required to obtain a license. Mandatory background checks are likely impermissible for non- commercial door-to-door activities, and identification requirements for noncommercial activists have also been invalided. City regulations—requiring licensing, permitting, or registration for the dissemination of ideas—will be considered inherently suspect.Buckley v. Am. Constitutional Law Found., Inc.,525 U.S. 182, 119 S. Ct. 636 (1999). ACORN v. Golden, Colorado, 744 F. 2d 739 (10th Cir. 1984). Therefore, while a city could consider requiring commercial solicitors to register, any such ordinance should carve out an exception that noncommercial door-to-door advocates, or canvassers, are not required to register and are not regulated or restricted by the ordinance. 21 Commission on Aging Item August 18, 2023 Subject Senior Center / Civic Campus Listening Session Summary Discussion Section DISCUSSION ITEMS Prepared By Eric Maass, Planning Director Approximately 12 individuals attended the senior center listening session on August 8th including past COA chair Jerry Cerchia and COA staff liaison Sharmeen Al-Jaff. A member from the wood carvers group was also in attendance. Architecture staff from BKV as well as staff from senior center consultant Ballard King presented the draft plans for the senior center. Feedback from those in attendance included the following: The importance in having flexibility to accommodate the various programs that take place at the senior center A full commercial kitchen was not necessary but it was important to have a fully functioning kitchen including dishwasher. The building should seek to be exceptional and an example for other communities to look to when constructing a senior center. Natural light was important for the room set up for woodworking, painting, and crafting. Ensure the ability for a small Transit Prime bus to navigate the parking lot and provide pickup/drop off services for seniors with limited mobility. Fully accessible bathrooms. Added walkway from the northern most surface parking lot to the parking lot immediately adjacent to the city hall to ensure good pedestrian connectivity. Naming of a room after past COA member Dorina Tipton. The City Council will be having a workshop on Monday August 21st at 5:30pm regarding exterior design of the new City Hall/Senior Center building. 22