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9.e) Designate Official Newspaper Meeting Date: 1/20/2009 Agenda Item: � � 1 J City Council Agenda Report City of Scandia 14727 209�h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Designate an official newspaper for 2009. 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. � The City has budgeted $2,500 for legal notice publications in 2009. • State law provides specific qualifications a legal newspaper must meet, as well as guidelines for choosing a paper if there is more than one qualified paper. • The Forest Lake Times/ ECM Publishers, the current legal newspaper, has submitted a proposal. Their rate for 2009 will be is $6.35 per column inch (6 point type and 11 lines per inch), an increase from $6.25 in 2008. The Forest Lake Times circulation is 13,608 including 1,100 households in the 55073 zip code, delivered free by route carriers. They also maintain a newspaper rack at the Community Center. • The Country Messenger's submitted a proposal. In previous years, the Messenger was disqualified from serving as the city's legal newspaper because it has a circulation less than 500 and does not maintain an office in the required geographic area. A recent letter from the Messenger indicates that they have a circulation of 422 in Scandia. Their rate for legal notices is $5.88 per column inch(7 point type and 9lines per inch.) • A proposal was also submitted by the St. Paul Pioneer Press. They have 1,075 subscribers in Scandia. The rate is $63.84 per column inch for the legal section if the newspaper; $32.78 per column inch for the Washington County Zone on weekdays or$44.15 per inch on Sunday. Recommendation: I recommend that the Council pass a motion designating the Forest Lake Times as the official newspaper for 2009. Page 1 of 2 O1/13/09 The Country Messenger does not appear to have addressed the issues that prevented their designation as Scandia's legal newspaper in previous years. Because of the different type size, it appears that the cost to publish in the Messenger would be greater. The Messenger also reaches less than half the number of households as the Forest Lake Times. While the Pioneer Press is qualified to be the city's legal newspaper, publication costs would be considerably greater and would exceed the budget. Attachments/ • Letter dated December 5, 2008 from ECM Publishers, Inc. Materials provided: . Letter dated January 12, 2009 from the Country Messenger • Letter dated December 31, 2008 from the Pioneer Press • Letter dated April 18, 2007 from City Attorney David Hebert, with attachments Contact(s): Prepared by: Anne Hurlburt, Administrator (legal paper) Page 2 of 2 / O1/13/09 - � ;w��e►�;�,� OREST AKE IME - �� - �� s _____ eac.__.4 � __ __. __ ECM Publishers, Inc. 880 SW 15th Street Forest Lake, MN 55025 �---�------- ----- __._..._ 651-464-4601 • Fax 651-464-4605 � ���.E�k�`��� i December 5 2008 � ' � � IIEc"', ' �! 200� � � Ms. Anne Hurlburt, Administrator + � City of Scandia � (;lTl' QF SCANUI,A � 14727 209'" St. Scandia, MN 55073 Dear Anne: 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 2009 will be $6.35 per column inch with 6 point type and 11 lines per inch. The notice will also be posted on our website, www.forestlaketimes.com/nublicnotices.html for all to view for free and at no charge to the city. The current circulation is about 13,608, 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.crflnb@ecm-inc.com. Our deadline is at 5:00 p.m. on Monday for Thursday publication. We look forward to continuing to serve the residents of the City of Scandia. Sincerely, ��..- ,,; ; y f Andres General Manager Forest Lake Times Publishers of.• Forest Lake Times • St. Croix Valley Peach • ECM Post Review • Commercial Web Printing Commercial Sheetfed Printing • Community Guides rf°� Newspapei- ����� ����� �� P.O. Box 96, Scandia, MN 55073 651-433-3845• FAX 651-433-3158 Januaiy 12, 2009 r-.-.- - .- f �"�" � �`�`��,.i--___[ K� � i/tj';i �� .. n � k� � Anne Hurlburt � ' ��'� ` � City of Scandia � � , P.O. Box 128 i �-iTY' U(- ::�;;Ai�;Di�'a i �-----_�___—�.__��.___ Scandia, MN 55073 Dear Ms. Hurlburt: As the only local paper covering news and information on a weekly basis for the City of Scandia and the sunounding areas, we desperately need you to consider the Country Messenger as your legal newspaper. The Country Messenger: • The newspaper's publication day is Wednesday and legals must be submitted by Friday noon. • The rate is $5.88 per column inch. • Our total circulation is 1,325 and Scandia's circulation is 422. This is an increase over the 2007 circulation of 359 and only a slight decrease from the 2008 circulation of 429. • The paper is distributed through the USPS and newstand; Scandia Store,Todd's Farm and Home, Big Lake Store, Marine General Store and Scandia Old Town Liquor. (Many Scandia residents have a Marine zip code) • We serve as the legal newspaper for the City of Marine on St. Croix. • Legal notices published in the Country Messenger will be displayed online at www.countrymessenger.com at no additional charge. Our goal is to provide the best possible coverage of the local people, news, events and govern- ment. If the board chooses another newspaper, we ask you to consider publishing notices in the Country Messenger as a service to the community. If you have any questions, please feel free to contact me at anytime. We look forward to continu- ing to serve you and the community. Sincerely, �� Carter Johnson Publisher 3 �,._ _._ . ..__._._ . .. .. ..... ..... . . i i �. �:..,.t( {� � ` � t� �€am'�'k i pE �y ��_. ' ! 345 Cedar Street December 31, 2008 i ,i�+'�,; -- ^ ;��:f.l� � Saint Paul, MN 55101 City of Scandia ( ; 651-222-1 111 14727 209th Street N. j-_��il�'�� S'„"�'=',�!''�-- ' Scandia, MN 55073 Attn: Brenda Eklund Dear Ms. Eklund, Thank you for your interest in legal advertising with the St. Paul Pioneer Press and your consideration to allow us to serve the City of Scandia as their official newspaper. The Pioneer Press publishes daily. See enclosed deadline information. Notices may be submitted by email to leqals a(�.pioneerpress.com; fax 651-228-5064; or mailed to: 345 Cedar St, St Paul, MN 55101, attn Legal Notices/Classified Advertising. The 2009 rates are $4.56 per line ($63.84 per column inch measuring .97" wide) to publish in the Legal Section; or $106.40 per column inch measuring 1.64" wide to publish in other sections of the paper. These run full circulation. The Washington County zone publishes daily on Wednesdays, Thursdays, Fridays and Saturdays at a rate of $32.78 per inch; and on Sundays at a rate of $44.15 per inch. Some exceptions apply during holidays and special events. Full Circulation for 2009 delivery is 184,973 daily and 246,431 Sunday. Washington County Zone circulation daily is 33,388 and Sunday is 47,479. Approximately 1,075 households are subscribers in Scandia. Newspapers can also be purchased through single copy by vending machines and local stores; by mail subscribers; and online subscribers through E-Editions. The Pioneer Press does not require contracts or any type of commitment or legal record status for publishing legal notices. We have many regular government agencies, local businesses, legal offices and organizations that place legal notices with our newspaper. They include City of Afton, City of St. Paul, Metropolitan Council and many others. For more information, please contact LuLetta Schmitz at 651-228-5154. jSincerely, '. � � ?��.� �/ � Ta�orle - Classified Call Center Manager St. Paul Pioneer Press 651-228-2141 � Legal Notice Deadlines 2009 Lacai �ones (Washington County) deadline for: publication on Sunday is 3:00 PM Wednesday; publication on Wednesday is 3:00 PM Friday; publication on Thursday is Monday 3:00 PM; and publication on Friday & Saturday is 3:00 PM Tuesday. If zones are unavailable, full circulation is available in the Local Section on Monday (deadline Wednesday 3:00 PM); & Tuesday (deadline Thursday 3:00 PM.). All Other Section deadlines (Final Space/Copy Reservation - No Proof): publication on Sunday Business Section is 11 AM Thursday; publication on Sunday Main Section & Local Section is 3 PM Thursday; publication on Monday is 3 PM Thursday; publication on Tuesday is 3 PM on Friday; publication on Wednesday is 3 PM Monday; publication on Thursday is 3 PM Tuesday; and publication on Friday is 3 PM Wednesday. Classified Display (Legal Section) for: publication on Sunday, Monday & Tuesday is 3 PM Friday; publication on Wednesday is 3 PM Monday; publication on Thursday is 3 PM Tuesday; and publication on Friday & Saturday is 3 PM Wednesday. Classified Liners (Legal Section) In Column for: publication on Sunday and Monday is 2 PM Friday; publication on Tuesday is 10 AM Monday; publication on Wednesday is 10 AM Tuesday; publication on Thursday is Wednesday 10 AM; publication on Friday is Thursday 10 AM; and publication on Saturday is 9 AM Friday. Classified liners may require additional time for first time advertisers and faxed copy. Larger notices may neec� to transfa-m an in-coli!mn liner to a display because there is a masimum depth for liners. Any notice containing a map or other type of graphic is defined as a display ad. Deadlines for holidays vary but are usually moved up 1 day depending on when the holiday falls. �� HEBERT AND WELCH� P.A. R��''EIUED ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET,SUITE 301 FOREST LAKE, MN 55025 ��� '� `•y' ��a� Phone: (651�464-3397 Fax: (651)464-8664 DAVID IS.HEBERT MICHAEL A.WELCH CITY OF SCANDIA April 18, 2007 Ms. Aru1e Hurlburt City Administrator City of Scandia P. O. Box 128 Scandia, MN 55073 Re: Lega!Neivspaper Dear Ms. Hurlburt: Enclosed is my opinion letter of December 27, 2006 addressing the question of whether the Country Messenger meets the legal requirements to serve as the legal newspaper for the City of Scandia. Also enclosed is a letter written to the publisher of the Country Messenger by its attorney, Mark Anfinson, concerning the same issue. After reviewing both letters, my opinion remains the same. Mr. Anfinson argues that Section 331A.02 of Minnesota Statutes only requires a legal newspaper to have a circulation of 500 copies in any locale, not just in the municipality in question. However, Section 331A.02 Subd. 1 (d) states that the paper must: (d) be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; In my opinion, the several references in the Section to "political subdivision it purports to serve," to "local residents" and to the number of copies which must be distributed, clearly refer to one municipality and the number of copies which must be distributed within that one municipality. The Country Messenger does not deliver sufficient copies to Scandia residents. The second issue to be considered is the requirement in Section 331A.02 Subd. 1 (e) that the paper have its known office of issue in the county in which it lies in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county. The newspaper's office is in Polk County, Wisconsin. Mr. Anfinson argues that the requirement is satisfied even though the adjoining county is in another state. Although there is no case law, it is my opinion that the Statute must be interpreted to apply to Minnesota counties only. 1 � As additional support for this opinion, Section 331A.02 Subd. 4 allows an interested person to petition the district cow-t in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. If you accept Mr. Anfinson's argument, fl�e publisher would petition a court in Polk County, Wisconsin to cletermine wl�ether it is qualified to publish legal notices in Scandia, Minnesota under Mimiesota law. The Wisconsin court would not decide such a petition and, if it did, its decision would not be effective in Minnesota. If the Country Messenger wishes to establish its right to publish legal notices for Scandia, it has the right under the previously mentioned Statute to petition the district court in Washington County for a declaration that it is a qualified legal newspaper under State Statute. In the absence of such a declaration, it continues to be my opinion that it is not so qualified. Sincerely yours, �E�ERT AitiTD W�LCH, P. A. �;;,�y�,;� ;�. ��..�.� David K. Hebert DKH:Ip Enclosures 2 � ' HEBERT AND WELCH, P.A. ATTORNEYS AT LAW TOWN SQUARE 20 NORTH LAKE STREET, SUITE 301 FOREST LAKE,MN 55025 Phone: (651)464-3397 Fax: (651)464-8664 DAVID K.HEBERT 117ICHAEL A.WELCH December 27, 2006 Ms. Anne Hurlburt City Administrator City of Scandia P, 0. Box 128 Scandia, MN 55073 Re: Legal Newspape�• Dear Ms. Hurlburt: You have asked whether the Country Messenger meets the legal requirements to serve as the official medium for the legal publication of the City notices. The applicable statute is M.S.§331A.02. The requirements which will be discussed pertain to cities of 1,300 population or more. The statute requires that the paper be published in English, in newspaper format, and have at least 1,000 square inches. It must be distributed at least once each week. It can have no more than seventy-five percent of its printed space devoted to advertising material and paid public notices. Fifty percent of its news columns must be devoted to news of local interest to the community which it purports to serve. Not more than twenty-five percent of its total non-advertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news source services. Arguably, the paper may meet all of the foregoing requirements. Subdivision 1(d) of the statute provides that the paper be circulated in the political subdivision which it purports to serve, and have either 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300; or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300. The publisher of the newspaper argues that the reference to the number of copies to be distributed does not apply to each municipality served by the paper but, instead, applies to the entire circulation of the newspaper. If that argument were correct, the statute would not differentiate between the number of copies to be delivered based on the population of the political subdivision being served. � 1 � For this section of tlle statute, the paper will need to demonstrate that it either delivers 500 copies to residents of the City of Scandia by paid subscription or free of charge. Subdivision 1(e) of the statute also requires that the known office of issue of the paper be established in the county in which the political subdivision lies in whole or in part or in an adjoining county. The office of issue of the paper has been transferred from Washington County to Polk County, Wisconsin. Its office is located at 108 Cascade Street, Osceola, WI and is published weekly by the Osceola Sun. In my opinion, an adjacent county does not include a county in another state. At this point I do not believe that the Country Messenger now qualifies to act as the legal ne�-vspaj�er for the City of Scandia. Subdivision 4 of the statute allows a person interested in a newspaper's qualification to petition the District Court "in the county in which the newspaper has its known office of issue" for a declaratory judgment to determine whether the newspaper is qualified. (Quotation marks added.) Sincerely yours, HEBERT AND WELCH, P. A. David K. Hebert DKH:Ip 2 � ' Rpr 10 2007 2: 46PM LakeCalhounProfessionalBu 6128273564 p, l �'V�A� �. ��I��b� .�'rrotzt•t�AT uw u�c�urcour��o�ssior.u�t,a�n�n�rc 3 I09 HENNEPIN AVQ��IJE SOVI'H M[NNFI�POLIS,MINN�'iOTA 55408 (612)827•561 1 FAX: (612)827-3564 mranfinson@lawyeraoiminnes ota.com VIA FACSIMII,E TO(715) 433-3845 T�: Carter?�brysr jn Cozcntry Messe�ager FROM: Mazk Anfinson DATE: Apri110,2007 RE: Le�al Newspaper Oualification Criteria Dear Carter: I write to follow up on our conversations of last tveek about various objections that hat e been raised to the status of the Country Messenger as a qualified legal newspaper in certain municipalities where the newspaper circulates. As I understand them, these objecdons seem to focus on two principal issue$: ' 1. The first is whether the Country Messenger has sufficient circulation within the muni- cipalities to comply with the provisions of Minn. Stat. §331A,02, subd. 1(d),requiring that a qualified newspaper"be circulated in the political subdivision which it purports to serve, [and] have at least 500 copies regularly delivered to paying subscribers . . . or have at least S00 copies regul3rly distributed without cliarge to local rPsidents" (in�;ases where the political subdivision has a population of 1,300 or more). 2. The second issue pertains to the location of the Country Messenger's office; according to Minn. Stat. §331A.02, subd. 1(e), a newspaper cannot be qualified unless its"lrnown office of issue [is] established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve,or in an adjoining county." You explained that the municipalities you are dealing with argue that your newspaper does not have adequate circulation, because they read Minn. Stat. §331 A.02, subd. 1(d)as requiring 500 copies of the Country Messenger to be circulated in each municipality, and further that because your principal office is located in Wisconsin,you do not qualify �d Rpr 10 2007 2: 46PM LakeCalhounProfessionalBu 6128273564 p. 2 � under Minn. Stat. §33l A.02, subd. 1(e). As I told you in our discussion, however, I respectfully disagree with both of these interpretations. With respect to the first issue, the initial clause of Minn. Stat. §331 A.02, subd. 1(d) rnust be separated from the remaining ones (which focus on minimum circulation thresholds). In other words,the first clause of subdivision 1(d) simply requires some minimal,basic circulation within the po�itica� subc�ivision t�e newspaper purpotts to serve. �eparate�y, the newspaper must have a total circulation of at least 500 copies,which would include its circulation in any locale, not just the rnunicipality in question. I aclmowledge that the language of paragraph(d) is somewhat confusing. However, if the interpretation used against�you were to be widely adopted, the result would be that hundreds(if not thou- sands) of townships and other small municipal bodies throughout the state would be unable to find a qualified newspaper. In my ��iew, tl:e conect interpretation of this paragraph is that a newspaper is qualified if it has a total circulation in the specified amount,and some reasonable level of circulation in the particular politieal subdivision. With respect to the second issue—the location of the newspaper's office—Minn. Stat. §331A.02, subd. 1(e) says nothing rnore than that it must be in the same county"or in an adjoining county." The statute does not specify that the adjoining county must be located within the state of Minnesota, nor am I aware of any court decision that has ever held to the contrary. Given the many specific criteria found in §331A.02, subd. 2 that a news- paper must comply with in order to be considered qualified, I do not know of any policy reason supporting the conclusion that, simply because the newspaper's primary office is located just across the state border, it should be d.isqualified,so long as all of those statutory criteria are otherwise satisfied. I hope this analysis helps. If you have any other questions whatsoever, by all means let me know. Best regards, . �1..���1�� . Mark R. Anfins n � D:'�coirespondence\o\Oseeola Sun-Messenger�nemo re legal NP qualifications.wpd ll Page 2 of 9 W�stlavu MN ST§ 331A.02 Page 1 M.S.A. § 331A.02 e Minnesota Statutes Annotated Currentness Ft�Trade Regulations,Consumer Protection(Ch. 324-338) "o Chapter 331A.Qualified Newspapers -+331A.02. Requirements for a qualified newspaper Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not. quali6ed must inform a pu�lie b�dy th�t�ras�nt��p�ahlic t��►t;c�f�r purrll'C�tit�ii th8t ii 19 N01 qufll'1�@d.T��be qu�llfied,�r��w�p9�er�h�ll: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included,not more than four issues of a daily paper are necessary; (c) in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; [ (d)be circulated in the political subdivision which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve,or in an adjoining county; -- - (fl file a copy ofeach issue immediately with the State Historical Socie�}�; (g) 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 resi�ents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i)between September 1 and December 31 of each year publish a sworn United States Post Office periodicalsclass statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification �O 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. x:; �� Page 3 of 9 MN ST§ 331 A.02 Page 2 M.S.A. §331 A.02 shall be effective from the date of the filing described in paragraph(j)through December 31 of that year;and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of$25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd.2. Repealed by Laws 2004,c. 182, § 33. Subd. 3. Publication; sucpensaon; changes. T1�e foliowing circumstances shall not affect the qaalification of a newspaper, invalidate an otherwise valid publication,or invalidate a designation as official newspaper. (al Suspension of publication for a period oC not more than tt�ree coilsecutive mor►ths resultine from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership,or a temporary change in its known office of issue. (c)Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act[FNI]and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the vulidity uf the publ:c notice. CREDIT(S) Laws 1984, c. 543, § 21. Amended by Laws 1985, c. 174, § 1, eff. May 22, 1985; Laws 1985, lst Sp., c. 13, § 315; Laws 1987, c. 30, § 1; Laws 1987, c. 286, § 1; Laws 1988, c. 682, § 42; Laws 1990, c. 395, § 1, ef£ April 5, 1990;Laws 1991,c.205, § 17; Laws 1997,c. 137, § 13; Laws 2001,c. 38, § 1; Laws 2004,c. 182, §§ 8 to 1 l. [FN1] Sections 555.01 to 555.16. HISTORICAL AND STATUTORY NOTES �2006 Thomson/West.No Claim to Orig.U.S.Govt. Works. l� � �� Judie Weyandt-Mattson Ph 651-433-5988 or 612-229-3299 12750 182"d Street N Marine on St. Croix MN 55047 ���:����,��� ^I January 9, 2009 ���N 2 G 2009 CITY OF SCANDIA � To: Dennis Seefeldt, Mayor Dolores Peterson, Councilmember Pete Crum, Councilmember Connie Amos, Councilmember John Lindeli, Councilmember Dear Scandia Mayor Seefeldt and City Council members, I am writing to you today to ask that the legal notices for the City of Scandia be published in the Country Messenger instead of or in addition to the Forest Cake Times. Because the State Statute allows discretion in selection, it is more appropriate to choose a newspaper that reaches all Scandia households. A nearby example is May Township where its legal notices are published in both the St. Paul Pioneer Press as well as the Country Messenger. May Township is noted for conservative money management, but they choose to be certain its citizens have easy access to such notices. Residents who are not in zip code 55073 vote in and/ar pay taxes to the City of Scandia, but we were not chosen by the Forest Lake Times to receive free copies of the paper to prove it has sufficient subscriptions to justify its status. I believe it is not appropriate to base the selection on biased criteria. Based solely on zip code, residents in zip 55047 vote and pay taxes in Scandia,yet to receive legal notices we must pay for a subscription to the Times or drive to City Hall. There are several elderly people on my street and this is inconvenient, if not impossible. According to its website: "The Forest Lake Times is a weekly free-distribution newspaper distributed to over 13,575 homes in Forest Lake and surrounding communities, and serves the Forest Lake School District." However, it is not free to all City of Scandia residents. To receive it at my home 1 would have to purchase a subscription at$42 for one year; $47 for non-seniors. This is almost double the cost o# the Messenger. The Times paper is published by ECM Publications and is headquartered in Coon Rapids and published in Princeton, respectively 37 and 57 miles from Scandia. On the other hand,the Messenger, only 10 miles away in Osceola, covers our local schools, churches and neighborhood news quite completely. Judie Weyandt-Mattson Ph 651-433-5988 or 612-229-3299 12750 182�d Street N Marine on St. Croix MN 55047 • In order to provide the legal notification to ali city residents, please ask the Forest Lake Times to provide free subscriptions to all Scandia households or have the City of Scandia publish legal notices in the County Messenger or both papers. Sincerely, �i� i�,�c. �� ��t��c.-✓ �✓� ludie Mattson 12750-182"d Street N 651-433-5988 The following residents agree with the request in this letter. � J , �+l����� _ ����� � ^�`�/ � %. � ��� � 1 . �., � � , . ,,1.i,«. ; ',', �;''.. , i ..- • �_ . %' � � --l� .. , . 6�••i �,/f'f� � ' �,{� , . � � �(' ��� �//1i„i. /�/�-�'� (,� < N'J �� � � _ ---�-_�,-�..._. �' �, � ��J �a • � L