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1 <br /> <br />Dan Tveite Statement and Determination, as President of the The Economic Development <br />Authority for the City of Elk River Minnesota Regarding Conducting Meetings by Telephone <br />or Other Electronic Means <br /> <br />As President of the The Economic Development Authority for the City of Elk River Minnesota (the <br />“EDA”), Minnesota, I find as follows: <br /> <br />a. The spread of COVID-19 in the United States and Minnesota has raised serious public health <br />concerns and resulted in a great deal of uncertainty. Much remains unknown about the virus <br />and how it spreads. <br /> <br />b. On March 11, 2020, the World Health Organization determined that the COVID-19 outbreak <br />constitutes a pandemic. On March 13, 2020, President Trump declared a national state of <br />emergency as a result of the pandemic. <br /> <br />c. On March 13, 2020, Governor Tim Walz issued Emergency Executive Order 20-01 declaring <br />a state of peacetime emergency to address the COVID-19 pandemic in Minnesota. The <br />Governor’s Executive Order triggered activation of the County’s emergency management plan <br />and enabled the County to exercise its emergency powers. <br /> <br />d. Mayor John Dietz of the City of Elk River, Minnesota declared a local emergency due to the <br />COVID-19 pandemic in Minnesota. <br /> <br />e. On March 26, 2020, City Administrator Cal Portner declared that until further notice, or until <br />such time as the State of Minnesota determines to no longer be in a state of emergency, all <br />meetings of the EDA governed by Minnesota Statute, Section 13D shall be conducted by <br />telephone or other electronic means. <br /> <br />f. Minnesota Statutes, Section 13D.021 authorizes cities and other public bodies to meet by <br />telephone or other electronic means if the presiding officer, chief legal counsel, or chief <br />administrative officer determines that meeting in person or by interactive television is not <br />practical or prudent because of a health pandemic or an emergency has been declared. I <br />have consulted with the EDA’s chief legal counsel and chief administrative officer. <br /> <br />Based on the above findings, I determine as follows: <br /> <br />1. In accordance with the declarations of the Mayor and the City Administrator, until further <br />notice, all meetings of the EDA may be conducted by telephone or other electronic means in a <br />manner satisfying the requirements in Minnesota Statutes, Section 13D.021 and the <br />declarations of the Mayor and the City Administrator. <br /> <br />2. As is practical and feasible, the EDA will provide notice of how the public may listen to or <br />view meetings as they are being conducted, and the EDA will continue to make recordings of <br />its meetings available to the public. <br /> <br />3. All votes occurring at meetings in which all or some of the members are participating by <br />telephone or electronic means will be conducted by roll call. <br />