09.e1 Memo - Consideration of Response to Covid-19Page 1 of 3
City of Scandia
14727 209 th St. N. PO Box 128, Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433 -5112 | www.cityofscandia.com
DATE: Tuesday, December 21, 2021
FROM: Ken Cammilleri, City Administrator
TO: Honorable Mayor and City Council Members
RE: Covid-19 Response Considerations
Given the resurgence of pandemic conditions, there may be some interest in implementing
preventative measures.
As of last Thursday, there were 155 confirmed new cases in the County that day, and
statewide ICU admissions were averaging around 21.6 new patients between December 1st
and last Tuesday the 14th. General hospital admissions were averaging 168 per day
statewide. These figures have drawn concern from both the medical and public health
communities. Holiday activities are also predicted to increase likelihood of greater spread of
the Covid-19 virus.
In addition, the state just confirmed the first Minnesota case of the new Omicron variant of
the virus, 3 weeks ago. According to the CDC, it is understood that this variant has greater
capacity to spread more easily, but have noted that there is no data to confirm that it is more
infectious than the most prevalent Delta form that is currently being detected most
frequently, as of now.
PUBLIC MEETINGS
City meetings are subject to regulations under Minnisota statute 13D. The statute sets the
conditions by which public meetings must be held, including limitations on where meetings
can take place, how meetings must be conducted, and the means the public have access to it.
In general, the statutes have been slow to adapt to changing technology. In last year’s
legislative session, the legislature did implement temporary relaxations to in-person
requirements under peacetime emergency orders that made internet meetings easier to
implement. There were no significant discussions of implementing these requirements
outside of emergency conditions, and there does not appear to be a current legislative push
for such a change on the near horizon.
The only measure available under the statutes, temporarily virtual meetings are permissible
under the “interactive technology” provision found in Mn Stat. 13D.02. Platforms such as
Zoom, Skype, Teams and Webex have come to be understood as applicable technologies for
use under this provision. The following are the legal conditions for conducting a meeting in
this format:
Page 2 of 3
City of Scandia
14727 209 th St. N. PO Box 128, Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433 -5112 | www.cityofscandia.com
1. At least one member needs to be physically present in the regular meeting
location.
2. All members need to be able to hear and see each other and to be able to
interact with one another.
3. The minutes must reflect which members are participating with interactive
technology and why they have joined the meeting in that manner.
4. The public must be able to see discussion, testimony and the votes of
members.
5. All votes are to be conducted by roll call vote.
6. Each location where members join the meeting from off site must be open
and accessable to the public. The exception to this requirement is that if a member
wishes to participate from a location that is inaccessible and non-public for up to
only 3 times within a calendar year if:
A. The member is on active military duty, serving a drill, or on
deployment.
B. (applicable in a state-wide state of emergency only) the member was advised
by a healthcare professional against meeting in a public place for personal
or family reasons.
Local Emergency Declarations Under Mn. Stat. Ch. 12
The City’s Local Public Health State of Emergency has been active since it was declared by
the Mayor and ratified by the full City Council back April 1st of last year. Under this order,
public bodies cannot meet virtually if there are still quarums that still take place in
person. Additionally, the decision to move meetings to a virtual platform must be made by
the City Council. That decision applies to all other public bodies of the City. Such a
decision would likely still require members, either elected or ex-officio, to be at City Hall
where the public would still be able to attend.
Given the declaration remains in place and in effect, it would be prudent to pass findings by
resolution that support the need to temporarily return to virtual meetings. The resolution
would need to have findings that indicate that conducting in-person meetings under current
peak pandemic conditions are temporarily not feasible to the temporarily higher risk of viral
transmission this infection resurgence.
Please expect further guidance from City Attorney Chris Nelson as to how the city may
approach this temporary operational change. He will also likely have additional reasons for
the City Council to consider when deciding on which path to go.
Page 3 of 3
City of Scandia
14727 209 th St. N. PO Box 128, Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433 -5112 | www.cityofscandia.com
Instituting Operational Covid-19 Precautions
If the Council wishes to introduce additional precautions to City operations, I can
confidently say previous measures implemented under the Covid-19 Business Plan have
been proven effective and continue to be utilized. These include workplace social
distancing, meeting with visitors using the lobby service window, and wearing masks when
making contact with others at City Hall.
As a result, I strongly encourage the City Council to respond to recent pandemic concerns
by turning to our policies of the Covid-19 Business Plan and reenforcing its requirements as
part of workplace activities as its response to infection resurgence if necessary.
Please let me know if you have any questions.