HomeMy WebLinkAbout2011-05-18 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # Lj
DATE 05/18/2011
CITY CLERK
ORIGINATING DEPARTMENT
CARON STRANSKY
STAFF AUTHOR
COUNCIL ACTION REQUEST:
Receive information on official newspaper designation, publication requirements, and publication fees.
STAFF RECOMMENDATION:
Receive information only.
BUDGET IMPLICATION: N/A
ADVISORY COMMISSION ACTION: N/A
DATE
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
SUPPORTING DOCUMENTS:
7 MEMO/LETTER: Memo from City Clerk
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
REVIEWED
APPROVED
DENIED
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OTHER: Publication from League of Minnesota Cities
ADMINISTRATORS COMMENTS:
City L Administrator Date
COUNCIL ACTION TAKEN: EIAPPROVED ❑ DENIED E]OTHER
GAc1erk\Temp1ates\Caron\Action Form.doc
From: Caron M. Stransky, City Clerk
Date: May 13, 2011
Subject: Official Newspaper Designations and Publications
Statutory cities are required to designate an official newspaper at the first meeting each year.
At the January 5, 2011 meeting, the Cottage Grove City Council designated the South
Washington County Bulletin as official newspaper for the City of Cottage Grove for 2011. The
official newspaper is used for the publication of ordinances, advertisement for bids, meeting
and hearing notices, certain election notices, and various financial information.
When a City designates an official newspaper, State law (Minnesota Statute 331A.04) requires
that the City choose the newspaper in the following priority:
Known office in locality If there are one (1) or more qualified newspaper(s), the known
office of issue of which are located within the city, one of them shall be designated.
"Known office of issue" means the newspaper's principal office devoted primarily to
business related to the newspaper, whether or not printing or any other operations of
the newspaper are conducted at or from the office. A newspaper may have only one
known office of issue.
2. Secondary office in locality When no qualified newspaper has a known office of issue
located in the city, but one or more qualified newspapers maintain a secondary office
there, one of them shall be designated. "Secondary office" means an office established by
a newspaper in a community other than that in which its known office of issue is located,
in the same or an adjoining county, open on a regular basis to gather news and sell
advertisements and subscriptions, whether or not printing or any other operations of the
newspaper are conducted at or from the office.
3. General circulation in locality When no qualified newspaper has a known office of issue or
a secondary office located within the city, then a qualified newspaper of general circulation
there shall be designated.
4. Other situations If a city is without an official newspaper, or if the publisher refuses to
publish a particular public notice, matters required to be published shall be published in a
newspaper of general circulation designated as provided in subdivision 3. If the City has
territory in two (2) or more counties, the City Council may, if deemed in the public interest,
designate a separate qualified newspaper for each county.
5. Exceptions
There is an exception to the designation priority. The City may designate any newspaper
as its official newspaper if the following conditions are met:
(a) The newspaper is a qualified newspaper.
(b) The publisher of the newspaper furnishes a sworn statement, verified by a
recognized independent circulation- auditing agency, covering a period of at least one
(1) year ending no earlier than 60 days before designation for the newspaper, stating
that the newspaper's circulation reaches not fewer than 75 percent of the households
within the City.
(c) The newspaper has provided regular coverage of the proceedings of the governing
body of the City and will continue to do so.
(d) The governing body votes unanimously to designate the newspaper.
If the circulation of a newspaper falls below 75 percent of the households within the City
at any time within the term of its designation as official newspaper, its qualification to
publish notices for the City terminates.
Publication Fees
The maximum rate charged for publication of a public notice must not exceed the lowest
classified rate paid by commercial users for comparable space in the newspaper in which the
public notice appears. The rate must include all cash discounts, multiple insertion discounts,
and similar benefits extended to the newspaper's regular customers. In addition, no newspaper
may increase its rates for publishing public notices by more than 10 percent per year as
compared to the maximum rate actually charged by the newspaper in the previous year for
such notice. An annual rate increase is not required.
The South Washington County Bulletin currently charges $12.75 per column inch. If the St.
Paul Pioneer Press met the exceptions outlined above and the City Council unanimously voted
to designate them as the City's official newspaper, the Director of Classified and the Pioneer
Press have agreed to match the rate charged by the Bulletin.
The Attorney General has said that a City cannot designate more than one (1) official
newspaper; however, Minnesota Statutes 311A.05, Subd. 5, would permit the City to publish or
disseminate a notice in another newspaper to better inform the public.
Please present this information to the City Council for informational purposes only. No action is
requested.
/City Clerk Stransky
Attachment