10 PRSR 02-09-2022 Memorandum
To: Parks and Recreation Commission
From: Michael Hecker, Parks and Recreation Director
Date: February 9, 2022
Subject: Director’s Report
This report is a monthly highlight of department activities related to recent collaborations, strategic
planning, staff changes/developments, and park operations.
Active Elk River - Orono Park & YAC
The contractors are now working to complete the tile and plumbing at the YAC restroom building.
2022 Riverfront Concert Series
June 16 - The Rockin' Hollywoods and opening by District 728 Cadets
June 23 - The Blue Ringers
June 30 - The Jimmy’s
July 7 - A Hard Day's Night - Beatles Tribute
July 14 - Mick Sterling: Huey Lewis
July 21 - Bad Girlfriends
July 28 - No Concert (Elk RiverFest is July 30)
August 4 - Shane Martin
August 11 - Ladies of the 80's
August 18 - Fabulous Armadillos
Trott Brook Tennis Court Bids
Sealed bids for the Trott Brook Park Tennis Court Improvements will be reviewed by the city until
2 p.m., February 10, 2022. All work must be substantially completed before June 17, 2022. Any final
work or punch list items must be completed by Friday, July 1, 2022.
Miske Meadows 8th Edition
The Miske Meadows 8th Addition continues to move forward. The Parks and Recreation
Commission predetermined cash would be accepted as the park dedication for remaining additions.
Item: 10
Great Northern Trail Master Planning
The Great Northern Trail Partnership Committee solicited proposals for master planning, public
engagement and Greater Minnesota Regional Parks and Trails designation application. Proposals
were scored and ranked by the Committee on January 18 and the top scoring proposal came from
Damon Farber. The Committee (Sherburne County, Elk River, Princeton, and Zimmerman)
discussed a fair cost sharing model and the funding commitment from each city.
Master Planning and Regional Designation by the Greater Minnesota Parks and Trail Commission is
a critical goal for the Committee (the city) to attain eligibility for Legacy Funds toward the
GNT. This could be extremely valuable to the city in regard to reconstructing our 4.75-mile section
of the GNT which is estimated to cost $1.5M.
Legal Requirements for Remote City Meeting
We have had a few requests for a remote meeting with Zoom. These types of meetings called
“interactive technology” require cities follow specific statutory procedures. Each location at which a
member of the Commission is present must be open and accessible to the public – this includes
Commissioner’s private homes. The notice must be provided in the same manner as other meetings
naming the location(s) of the meeting and a three days’ notice. The first day of posting the meeting
location should not be used to calculate the three days. More detailed information is attached.
Warming Houses
Even with the challenges of staffing, we have been able to keep open the Handke and Spectrum
warming houses. The number of skaters using these rinks have been in the hundreds the past few
weekends.
Legal Requirements for Remote City Meetings
By Kyle Hartnett
Although the governor’s state of emergency for COVID-19 has ended, some city councils — and their residents
— have become so comfortable with the convenience of online meetings that they want to continue them.
Continuing remote meetings, however, requires cities to follow specific statutory procedures, depending on how
technology is being used.
Interactive technology
Typically, under the Minnesota Open Meeting Law, city officials can only vote at a city meeting if they are
physically present. If a city official wants to take part in a meeting through interactive technology, the Open
Meeting Law requires them to take specific steps. The Open Meeting Law requirements for remote participation
are different from those many cities used while the governor’s COVID-19 emergency orders were in effect.
Minnesota Statutes, section 13D.02 defines the requirements for a city to meet using “interactive technology”
(formerly called “interactive television”). The law defines interactive technology as a device, software program,
or other application that allows individuals in different physical locations to see and hear one another. The law
will apply anytime a city council or board uses programs such as Zoom, WebEx, Microsoft Teams, etc.
The following requirements must be met for a city to meet via interactive technology:
• Members at all locations can hear and see one another and all discussion and testimony presented.
• The public at the regular meeting location can hear and see all discussion and testimony.
• At least one member of the council is present at the regular meeting location.
• All votes are conducted by roll call.
• Each location at which a member of the body is present is open and accessible to the public.
• The city provides notice of the regular meeting location and remote locations.
• To the extent practical, the public can monitor the meeting electronically from a remote location.
Notice of location does not need to be provided if a member is serving in the military and is at a required drill,
deployed, or on active duty.
Concerns
One of the biggest concerns with using interactive technology is that members participating remotely must do
so from a location that is open to the public. This means that if a member is taking part in a meeting from their
home, the member must provide their address in the public notice and allow the public to attend the meeting
from the home.
While it is unlikely that a member of the public would want to watch a meeting from a council member’s home
or hotel room, council members must be prepared for such a possibility.
Another concern with relying on interactive technology is the possibility that technology will not work as
planned. If, for example, a city has connectivity issues during an interactive meeting, it may not be able to allow
remote participants to attend.
Likewise, a city needs to have the necessary technology that allows everyone to see and hear all participants
regardless of location. This can be difficult to accomplish for meetings with large attendance or lots of public
testimony.
If a city is going to rely on interactive technology, it must ensure that it has the equipment necessary to meet the
statutory requirements.
Public participation
Through the COVID-19 pandemic, many cities found that residents appreciate online city meetings. They allow
residents a convenient way to watch and participate in city meetings without having to travel to city hall.
Some cities have continued to broadcast their meetings through interactive technology and allow the public to
provide testimony online. Using interactive technology for public input does not have the same notice and
technological requirements as noted previously.
Cities are free to take public comment through online platforms without providing additional notices. If a city
uses interactive technology to encourage public participation, it should make clear how the technology will be
used.
The public should be made aware that, due to possible technology problems, attendance at the meeting location
provides the best chance to ensure that their comments will be heard.
A city may want to simply broadcast meetings without taking online public comment. This allows the public to
remain informed but places less stress on city staff to monitor online participants.
Ultimately, the use of technology for city meetings may provide increased participation in local government.
It’s up to each city’s leaders to decide what is best for their community when it comes to using interactive
technology for city meetings.
Kyle Hartnett is assistant research manager with the League of Minnesota Cities.
Contact: khartnett@lmc.org or (651) 215-4084.
13D.02 OTHER ENTITY MEETINGS BY INTERACTIVE TECHNOLOGY.
Subdivision 1.Conditions.(a) A meeting governed by section 13D.01, subdivisions 1, 2, 4, and 5, and
this section may be conducted by interactive technology so long as:
(1) all members of the body participating in the meeting, wherever their physical location, can hear and
see one another and can hear and see all discussion and testimony presented at any location at which at least
one member is present;
(2) members of the public present at the regular meeting location of the body can hear and see all
discussion and testimony and all votes of members of the body;
(3) at least one member of the body is physically present at the regular meeting location;
(4) all votes are conducted by roll call so each member's vote on each issue can be identified and recorded;
and
(5) each location at which a member of the body is present is open and accessible to the public.
(b) A meeting satisfies the requirements of paragraph (a), although a member of the public body
participates from a location that is not open or accessible to the public, if the member has not participated
more than three times in a calendar year from a location that is not open or accessible to the public, and:
(1) the member is serving in the military and is at a required drill, deployed, or on active duty; or
(2) the member has been advised by a health care professional against being in a public place for personal
or family medical reasons. This clause only applies when a state of emergency has been declared under
section 12.31, and expires 60 days after the removal of the state of emergency.
Subd. 1a.Meeting exception.This section applies to meetings of entities described in section 13D.01,
subdivision 1, except meetings of:
(1) a state agency, board, commission, or department, and a statewide public pension plan defined in
section 356A.01, subdivision 24; and
(2) a committee, subcommittee, board, department, or commission of an entity listed in clause (1).
Subd. 2.Members are present for quorum, participation.Each member of a body participating in a
meeting by interactive technology is considered present at the meeting for purposes of determining a quorum
and participating in all proceedings.
Subd. 3.Monitoring from remote site.If interactive technology is used to conduct a meeting, to the
extent practical, a public body shall allow a person to monitor the meeting electronically from a remote
location.
Subd. 4.Notice of regular and all member locations.If interactive technology is used to conduct a
regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location
and notice of any location where a member of the public body will be participating in the meeting by
interactive technology, except for the locations of members participating pursuant to subdivision 1, paragraph
(b). The timing and method of providing notice must be as described in section 13D.04.
Subd. 5.MS 2020 [Repealed by amendment, 2021 c 14 s 5]
Official Publication of the State of Minnesota
Revisor of Statutes
13D.02MINNESOTA STATUTES 20211
Subd. 6.Record.The minutes for a meeting conducted under this section must reflect the names of any
members appearing by interactive technology and state the reason or reasons for the appearance by interactive
technology.
History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975
c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s
2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1Sp2011 c 11 art 2 s 1;
2019 c 33 s 1-3; 2020 c 74 art 1 s 1; 2021 c 14 s 5
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 202113D.02