2.4 ERMU 12-12-2023Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO:
FROM:
ERMU Commission
Tony Mauren — Governance & Communications Manager
MEETING DATE:
AGENDA ITEM NUMBER:
December 12, 2023
2.4
SUBJECT:
2024 Official Newspaper
ACTION REQUESTED:
• Designate Elk River Star News as the official newspaper for 2024.
• Approve alternative disseminations of bids via ERMU's official website.
BACKGROUND/DISCUSSION:
Minnesota Statutes Section 331A.04 requires the utility to annually designate a qualified
newspaper for the publication of legal notices. The newspaper must meet specific rules and
must be chosen based on their location.
The Star News meets those qualifications and is in the city so it must be chosen as the utilities'
official newspaper.
Looking forward, staff has researched the option to utilize ERMU's website for bid postings.
The constraints associated with publishing in the Star News include publishing deadlines and
costs to ultimately reach a limited audience as projects that are bid often draw companies
across the region and country. Campbell Knutson provided the following language for an
alternative dissemination of bids via ERMU's website.
Minnesota Statutes, Section 331A.03, subd. 3(a)-(b) allows for alternative dissemination
of bids, requests for proposals, and requests for information through the ERMU's official
website. The publication on the website must be "in substantially the some format and
for the same period of time as" a newspaper publication. Minn. Stat. § 331A.03, subd.
3(b). This means that if ERMU chooses to publish on their website, the publication must
look similar to the print version of the publication. Id.; see generally Minn. Stat. §
331A.05 (form of public notices).
Publishing on the website does not allow ERMU to abandon a newspaper publication
completely. See Minn. Stat. § 331A.03, subd. 3(a) and (c). For the first six months that
ERMU uses its website for publication, "it must continue to publish ... in the official
newspaper." Minn. Stat. § 331A.03, subd. 3(c). In addition, for those first six months
ERMU must note in the official newspaper where to find the website publication. Id. At
all times, including after the six-month transition period, ERMU must keep a description
Page Iof2
of all bids/requests and how they were published (via website and/or official newspaper)
in the regular meeting minutes of ERMU's commission meetings or in a separate
newspaper notice. Minn. Stat. § 331A.03, subd. 3(a).
With Commission approval, staff would like to begin the six-month transition period to posting
bids, requests for proposals, and requests for information on ERMU's official website.
Page 2of2
45