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CC_Minutes_2003_0203
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CC_Minutes_2003_0203
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Roseville City Council
Document Type
Council Minutes
Meeting Date
2/3/2003
Meeting Type
Regular
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<br />Neal <br />January 2003 <br />Page 2 <br /> <br />Statutes section 412.831. The Roseville Review, the St. Paul Pioneer Press, the Minneapolis Star- <br />Tribune, and the Sun Focus all submitted proposals. <br /> <br />we explained in our letter of December 31,2002, Minnesota Statutes section 331A.Ol <br />equates the term "legal newspaper" with the term "qualified newspaper." A "qualified newspaper" is <br />one that meets certain ternlS and conditions established by section 331 A.02. Typically, when a city <br />receives proposals from more than one qualified newspaper, a priority scheme is established by section <br />331 A.04. However, special legislation allows the City to deviate from this priority scheme by (1) <br />designating "the newspaper offering to publish the notices at the lowest cost," so long as (2) for one <br />year prior to designation, at least 25 percent of the newspaper's circulation was within the City linlits. <br />1997 Minn. Law Chap. 56, H.F. 356, ~ 2. <br /> <br />At its January 6, 2003, nleeting, the City Council reviewed the four newspapers' proposals. <br />The proposal of the Pioneer Press was the lowest in cost. A motion was made and passed to designate <br />the Pioneer Press as the City's legal newspaper for 2003. This nlotion was contingent upon the <br />Pioneer Press meeting the qualifications under Minnesota Statutes section 331 A.O 1. <br /> <br />On January 13, 2003, Mayor John Kysylyczyn received a letter fronl Lillie Suburban <br />Newspapers, the publisher of the Roseville Review. This letter offered to lower the price the Roseville <br />Review would charge from their initial proposal of $3 .69 per colunln inch to $2.85 per column inch. <br />The proposal of the St. Paul Pioneer Press was $3.00 per colunln inch. At the January 13 City Council <br />meeting, Mayor Kysylyczyn proposed that the designated legal newspaper be changed to the Roseville <br />Revi ew. <br /> <br />Based on the foregoing, you asked the following: <br /> <br />QUESTION <br /> <br />Once the City Council has accepted the proposal of a newspaper to serve as the City's <br />designated legal newspaper for a year, may the City Council change that designation? <br /> <br /> <br /> <br />We our discussion by noting that there is very little decisional authority addressing the <br />designation of legal ne\vspapers. However, in a 1962 opinion, the Minnesota Attorney General did <br />address whether a village could, by resolution, substitute a newspaper as its legal newspaper in the <br />middle of the year. Op. Att'y Gen. 471g, March 19, 1962. The Attonley General explained that <br />although section 412.831 requires the designation of an legal newspaper at the beginning of each year, <br />"it does not expressly forbid a change in such designation." While the statute creates an "implication <br />that such a designation stay in effect until the next annual designation," the Attonley General <br />concluded that in the absence of a contract with the legal newspaper, "a village retains the power to <br />change its designation of an official newspaper at times other than the first council meeting of each <br />year. " <br />
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