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9.a) Designate an Official Newspaper for 2012 Meeting Date: 1/17/2012 Agenda Item: (� a , I City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Designate an official newspaper for 2012. Deadline/ Timeline: Statutory cities must designate an official newspaper at their annual meeting. Background: • The official newspaper is the paper designated for publication of certain notices for meetings,hearings, elections and city finances required by law. • In a typical year, the city spends $1,500 to $3,000 to publish legal notices. The 2012 budget is $2,500. • Proposals were requested from the Forest Lake Times/ECM Publishers (the current legal newspaper), the Country Messenger, and the St. Paul Pioneer Press. Proposals were received from the Forest Lake Times and the Country Messenger. Their responses, and a chart comparing the proposals, are attached. • State law (Minn. Stat. 331A.02)provides specific qualifications an official newspaper must meet. These are summarized in the excerpt from a League of Minnesota Cities publication, attached. • In 2010, the Country Messenger was designated the legal newspaper after state law was changed to reduce the circulation requirement from 500 to 400, and a legal issue with the location of the office of issue was resolved. • The Forest Lake Times was the official newspaper from 2007 through 2009, and in 2011. Recommendation: I recommend that the Council designate the official newspaper for 2012. Attachments/ • Comparison of Proposals Materials provided: • Excerpt, "Newspaper Publications", League of Minnesota Cities • Letter dated December 9, 2011 from ECM Publishers, Inc. • Letter dated December 29, 2011 from the Country Messenger Contact(s): Steve Ratjar, Forest Lake Times 651 464-4601 Randi Smith, Country Messenger 651 433-3845 Prepared by: Brenda Eklund, Deputy Clerk (legal newspaper) 3 � H � 0 bx � � �� � � � � � -d � ,� o � ;b � o �, ° � o i °' � o � � �, w .� � � � � � � � �" � �, � v, � � v o •� .., �, � o �; �; � °��' � •° ov� N � � '� o� _ � � H � � � w s�. O o �; � � o � � .� �" � � a � q 0 � a � �. �� � a. � � � ? �? � � � � � � �. � a o � � �U o •° •o b � .~ � 3 N � � � •� u, � � r�. �. � Z >' � o o � 3 � � � � � o ¢' �n �n .� v� v, � � � y � � O � � .�v, � � � � ,� �p � � y �"" � � � ~ .D y � ;.d � �N �' �' •--� 6�9 � Vy''�.., ti a � oU � � c�' � � � o � }? � � �, •� o a� o � � _ a� � a,:d w `� 0 3 � �,, o � 'N � � � �o 'i w � M V � � � � � � Q o � 0 U N O � � ..r"'•i � v � O M � � � � M � � ~ �1 d � - � � O � a �i � � � � o" pA � � O �' � � p'" � � � ,� C� � � �' � � .��". � o � �I '"a U p"' U � ° 'N o o � s. � � � ° � U `� � '� � y ri a .o � �+ C c� ^" b a, v, �= �� a> a� +,a�,, W � a Z« � � y � � �t fZ, „v� v� �""' O c� ^" � � � � i.� O 0 � � O H v� A v� a v� N a a z �X C� � � ,' '' , , � NC �/5�a��v� t���t�c.n.-��d� (, e�a.� c� e. o� M � n nQ�5 c�-�i�. ��'-�,'�s� � Pcea�� �P � �� 1 � I. Introduction This memo discusses newspaper-publication requirements for cities. Cities are required to give public notice for meetings and elections,as well as certain information about elections and city finances. Sometimes this information is required to be published. Sometimes it is not required to be published,but cities choose to publish it to better inform the public. II. Newspapers in general There are a wide variety of newspapers, from local city newsletters to qualified newspapers. A. Qualified newspapers Minn.Stat.§331A.01,5uba.s. What is a qualified newspaper?When any of the following terms are used in a statute that refers to the publication of public notice,they refer to a"qualified newspaper": • A qualified legal newspaper. • A legal newspaper. • An official newspaper. • A newspaper. • A medium of official and legal publication. Minn.Stat.§331A.02,Suba. �. It should be noted that even though these terms are essentially interchangeable,a newspaper must meet the following criteria in order to be a qualified newspaper. Minn.Stat.§331A.02,subd. 1(a). • It must be printed in English, in a newspaper format, and in a column and sheet form equivalent in printed space to at least 1,000 square inches. Minn.Stat.§331A.02,subd. 1(b). • If a daily paper, it must be distributed at least five days each week. But in any week in which there is a legal holiday,not more than four issues of a daily paper are necessary. Minn.Stat.§331A.02,subd. 1(b). • If not a daily paper,it may be distributed twice a month with respect to the publishing of government public notices. Minn.Stat.§331 A.02,subd. 1(c). • In at least half of the issues each year, it must have no more than 75 percent of its printed space comprised of advertising material and paid public notices. NEWSPAPER PUBLICATION 3 M��.stac.§3siA.o2,subd. 1(c). • In all of its issues each year,25 percent(if published more often than weekly)or 50 percent(if published weekly)of its news columns must be devoted to news of local interest to the community it serves. Minn.Stat.§331A.02,subd. 1(c). • Not more than 25 percent of its total non-advertising coluxnn inches in any issue may wholly duplicate any other publication, unless the duplicated material is from general-news services. Minn.Stat.§331A.02,subd. 1(d). • It must be circulated in the local political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers or have at least 400 copies regularly distributed without charge to local residents. If the city has a population of less than 1,300, only 250 copies need to be regularly delivered to paying subscribers or regularly distributed without charge to local residents. Mt�.sc�c.§s3�a.oz,subd. 1(e). • It must have its known office of issue established in either the county in which it lies(in whole or in part), in the city that the newspaper purports to serve, or in an adjoining county. Minn.Stat.§331A.02,subd. 1(�. • The newspaper must file a copy of each issue immediately with the state historical society. Minn.Stat.§331A.02,subd. 1(g). • It must be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment,or be distributed without charge to local residents. Minn.Stat.§331A.02,5uba. i�,�. . It must have complied with all of the above requirements for at least one year immediately preceding the date of the notice of publication. Minn.Stat.§331A.02,subd.1(i). • It must publish a sworn U.S.Post Office periodicals-class statement of ownership and circulation. This must be done between Sept. 1 and Dec. 31 of each year. As an alternative,the newspaper may publish a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of not less than one year, ending no earlier than the June 30 preceding the publication deadline. Minn.Stat.§331A.02,suba.i�). . It must submit a filing to the secretary of state containing the newspaper's name, address of its known o�ce of issue,telephone number,and a statement that the newspaper has complied with all of the above requirements. The filing must be made after the publication but before Dec. 31 (see discussion in previous bulleted item). The filing must include a$25 filing fee. 4 LEAGUE OF MINNESOTA CITIES B. Designating a newspaper M��.sr�c.§ss�a.o6,suba.s. A city generally designates an official newspaper. The city publishes notice in the official newspaper to inform the public of the city's activities. Cities are authorized to enter into multi-year contracts with a qualified newspaper for publication of public notices.No multi-year contract may be for longer than three years. 1. Statutory cities tvl��.sc�c.§aiz.s3�. Statutory city councils must designate an official newspaper at the first meeting each year. The official newspaper is used for the publication of ordinances and other matters that are legally required to be published. The official newspaper should also be used for the publication of any other matters that the council deems to be in the public interest. The official newspaper must be a legal newspaper of general circulation in the city. A.G.Op.471-G(Mar. 19,i96z�. The attorney general has said that a statutory city may change its designation of an official newspaper at times other than the first meeting of the year. 2. All cities Minn.Stat.§331A.04,subd. �. When a city designates an official newspaper, it must choose the newspaper in the following priority: Minn.Stat.§331A.04,suba.2. . If there are one or more qualified newspapers with their offices of issue located in the city,one of these newspapers must be chosen. Minn.Stat.§331A.04,subd.3. • If there is no qualified newspaper with a known office of issue in the city,but one or more qualified newspapers maintain a secondary office in the city,one of these newspapers must be chosen. Minn.Stat.§331A.04,subd.4. � If there is no qualified newspaper with a known office of issue or a secondary office in the city,then a qualified newspaper of general circulation must be chosen. Minn.Stat.§331A.04,Suba.s. . If the city is without an official newspaper or the publisher refuses to publish a particular public notice, a qualified newspaper of general circulation must be designated. Minn.Stat.§331A.04,subd.5. � If the city has territory in two or more counties,the council may designate a separate qualified newspaper for each county. Minn.Stat.§331A.03,subd. 1. • If no qualified newspaper exists,publication is not required. Minn.Stat.§331A.04,suba.6. There is an exception to the designation priority discussed above. The city may designate any newspaper as its official newspaper if the following conditions are met: NEWSPAPER PUBLICATION 5 • The newspaper is a qualified newspaper. • The publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation for the newspaper,which states that the newspaper's circulation reaches no fewer than 75 percent of the households within the city. • The newspaper has provided regular coverage of the proceedings of the governing body of the city and will continue to do so. • The governing body votes unanimously to designate the newspaper. A.G.Op.341-B-23(Jan.30,1959); The attorney general has said that a city cannot designate more than Minn.Stat.§331 A.OS,subd.5; one official newspaper. Even though a city cannot designate more than See also Part N-section C one official newspaper,the statutes pernut publishing notices in Publishing in additional additional newspapers to better inform the public. newspapers. 3. Home rule charter cities Home rule charter cities may have additional designation criteria in their charters. Officials from these cities should check the city's charter for other requirements. III. Publication requirements See Part IV-section A What cities Cities are subject to a variety of publication requirements. This section "'usr publ`Sh. discusses the more general requirements that apply to publications. A later section of this memo addresses specific requirements for particular types of city notices. A. Published notice Mir�.scac.§6as.�i. When a statute refers to"published notice"it means publication in full of the notice in the regular issue of a qualified newspaper once each week for the number of weeks specified. B. Where items must be published Minn.Stat.§331A.03,subd. �. All public notices generally must be published in a qualified newspaper that is likely to give notice in the affected area or to the persons to whom the notice is directed. Minn.Stat.§331A.03,subd.�. When an item is required to be published in a newspaper that is located in a city and no qualified newspaper is located in that city,the publication must be made in a qualified newspaper that is likely to give notice unless a particular statute provides otherwise. If no qualified newspaper exists,publication is not required. ( LEAGUE OF MINNESOTA CITIES E �� /( ECM Publishers, Inc. r 1� 880 SW 15th Street • Forest Lake, MN 55025-1381 464-4601 • Fax 464-4605 FOREST LAKE ------ ------ ; ---��������--- DEC -� �011 CITY OF SCAfvD(!�, � ` ------- -_. __._ � December 09, 2011 Ms. Anne Hurlburt, City Administrator City of Scandia 14727 209`h St. Scandia,MN 55073 Dear Ms. Hurlburt: The Forest Lake Times would like to bid for legal printing status as the designated Official Newspaper for the City of Scandia. The Forest Lake Times is qualified by the State of Minnesota as a Legal Newspaper under Minnesota Statutes Section 331A.02, subd. 1(i). The bid to publish legal notices in the Forest Lake Times for the year 2012 will be $6.55 per column inch with 6 point type and 11 lines per inch. The notice will also be posted on our website, www.forestlaketimes.com/publicnotices.html for all to view for free and at no charge to the city. The current circulation is about 13,690, including 1,100 households from the 55073 zip code which are delivered by route carriers to the black tubes. We would prefer legal notices emailed to legals.cbflnb@ecm-inc.com. Our deadline is at 4:00 p.m. on Monday for Thursday publication. We look forward to continuing to serve the residents of the City of Scandia. Sincerely, �r �'� � �;� � , . , U i� Steve Rajtar Manager Forest Lake Times Publishers of.• The Times • St. Croix Valley Peach • ECM Post Review • Commercial Web Printing Convention News • Community Guides Country Newspaper & Office Supplies e ss e n � � 6501-433 3845• FAX 7 5N 5503314 Serving Marine-On-St.Croix,Scandia,May Township Office located at 108 Cascade St., Osceola W I ; -- ,�4 ��.�T��� �— ��� ,� � - Brenda Eklund `���� �� 2�S� City of Scandia P.O. Box 128 CITY CF SCAND!P, , Scandia, MN 55073 December 29, 2011 Dear Ms. Eklund, Thank you for contacting the Country Messenger to ask us to submit a proposal for the legal pub- lications for the City of Scandia. Our newspaper focuses more time and personnel to the commu- nity than any other news organization in the area, as I hope you would agree, so we are hopeful that we will be named the newspaper of record for Scandia, Minnesota. In answer to your questions concerning The Country Messenger: l.0ur publication prints on Tuesday and is home delivered on Wednesday; deadline for content would need to be submitted by Friday at noon. 2. The rate is $4.00 per column inch. 3. The type size used is 7 pt and there are 9lines per inch. 4. Our total circulation is 1034 and Scandia's circulation is 443. 5. Distribution is through the USPS and the following newsstand locations, Big Marine Store, Old Town Liquor, Todd's Home Center and Marine General Store in Marine on St. Croix, Scandia Store and The Sun office in Osceola,Wisconsin. 6.The Country Messenger is the official newspaper for Marine on St. Croix and Washington County, Minnesota. I hope this answers all your questions, but if not, please give me a call. Sincerely, \���-��- i �� (.>�7;Z L,{-,��. � �._ Randi Smith Publisher Country Messenger