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ITEM 3.4 Adopting Official Newspaper0 ots-11.lm0 MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration Dan Jordet, ASD January 12, 2015 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Lori Johnson, CA 3.4 Adopting Official Newspaper AGENDA ITEM DETAILS RECOMMENDATION: It is recommended that Resolution 2015-01 designating the Elk River Star News as the City's official newspaper for legal publication purposes and implementing the alternative publication of notice clause of Minnesota Statutes 331A.03 be adopted ARE YOU SEEKING APPROVAL OF A CONTRACT? No IS A PUBLIC HEARING REQUIRED? No BACKGROUND/JUSTIFICATION: Each year the City is required to declare what publication will be used to notify the general public of decisions or events that require publication in a newspaper of general circulation. In past years the Elk River Star News has been so designated and staff recommends continuation of that designation. In addition, Minnesota Statutes 33 IA allows for alternative publication of certain required notices on the City's website or in a trade journal. These would include requests for bids, requests for information or requests for proposals. Specific rules must be followed, such as continuing publication in the newspaper for a period of six months, then leave the City free to publish notice on its website with notice given in the minutes published in the newspaper. Staff has added this provision to the official newspaper resolution for 2015. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE Section of LMC memorandum describing alternative notice Minnesota Statutes 331A.03 Resolution 2015-01 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Move adoption of Resolution 2015-01 Adopting and Official Newspaper RELEVANT LINKS: Minn. Stat. § 429.041, subd. The advertisement must specify the work to be done and state the time when 1. the council will publicly open the bids for consideration. The advertisement must require that the bids be sealed (unless the city authorizes electronic bids), filed with the clerk, and accompanied by a cashier's check, bid bond, or certified check made payable to the clerk. 3. Alternative notice Minn. stat. § 331A.03. Under certain circumstances, cities are authorized to use two alternative See LMC information memo, means of providing notice for bid advertisements either in addition to, or as Newspaper Publication. an alternative to, the statutory requirements for newspaper publication. The two alternative means of providing notice are on the city's website or in a recognized trade journal. Minn. stat. § 331A.03. There are conditions that must be met when a city uses an alternative means of dissemination: • The alternative dissemination must be in substantially the same format and for the same period of time as required for newspaper publication. • The city must simultaneously publish, either as part of its regular meeting minutes or in a separate notice, a description of all the solicitations being disseminated through alternative means. • For the first six months after a city designates an alternative means of dissemination, it must continue to publish bid advertisements in the official newspaper in addition to the alternative method. The newspaper publication must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies any publication requirements. C. Opening and tabulation of bids Bids should be kept unopened by the clerk until after the closing time for receiving them. At the time set by the council in the advertisement, the bids should be opened publicly in the presence of the officials named in the bid notice. All bids should be opened and tabulated at a public meeting by the council or in advance of the council meeting by designated officials. Generally, bids should be opened prior to the meeting at which the council will consider them, preferably on the same day. This enables the engineer or clerk to tabulate each bid in advance, which will reduce the time spent on the matter during the council meeting. League of Minnesota Cities Information Memo: 9/1/2014 Competitive Bidding Requirements in Cities Page 15 MINNESOTA STATUTES 2014 331A.03 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first sixmonths after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Resolution No. 2015-01 City of Otsego County of Wright State of Minnesota A Resolution Adopting an Official Newspaper. Whereas, the Elk River Star News is a qualified newspaper of general circulation within the City of Otsego: Be It Resolved, that the City of Otsego designated the Elk River Star News as the City's official newspaper effective immediately. Be It Further Resolved, that all ordinances and any other matters which are required by law to be published in an official newspaper and all other matters which the City Council shall deem advisable and in the public interest to be published, with the exception of dissemination of requests for bids, requests for information or requests for proposals which may be published on the City's website or in a recognized industry trade journal, shall be published in the Elk River Star News. Be It Further Resolved, that the City may choose to use the alternative dissemination method in Minnesota Statutes Chapter 331A.03 following the rules detailed in Subdivision 3 of said statute for the publication of solicitations for bids, requests for information and requests for proposals Dated this 12th day of January, 2015. Jessica Stockamp, Mayor Attest: Tami Loff, City Clerk