2023-04-04 City Council Agenda Packet CITY COUNCIL AGENDA
MENDOTA HEIGHTS CITY HALL - COUNCIL CHAMBERS
Tuesday, April 4, 2023
7:00 p.m.
1.Call to Order
2.Roll Call
3.Pledge of Allegiance
4.Adopt Agenda
5.Consent Agenda
a.Approve City Council Meeting Minutes March 21, 2023
b.Approve City Council Work Session Minutes March 21, 2023
c.Approve Installation of Spill Control for Bulk Oil Storage at Public Works
d.Approve Resolution 2023-18 Authorizing Continued Participation in the Dakota
County Drug Task Force
e.Approve Hiring of Fire Marshal
f.Approve Massage License
g.Approve January and February 2023 Treasurer’s Reports
h.Acknowledge February 2023 Fire Synopsis
i.Approve Claims List
6.Public Comment Period (for items not on the agenda)
7.Presentations/Recognitions
a.Wyland National Mayor’s Challenge for Water Conservation
8.Public Hearings
Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity
to address the Council on items which are not on the agenda. All are welcome to speak.
Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations
which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda.
Public comments may not be used to air personal attacks, to make political endorsements, or for political
campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that
presentation.
Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up
to the issues raised or occasionally called on to respond.
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9. New Business
a. Resolution 2023-19 Participation in National Opioid Second Settlement
10. Community Announcements
11. Council Comments
12. Adjourn
Alternative formats or auxiliary aids are available to individuals with disabilities upon
request. Please contact city hall at 651-452-1850 or by emailing
cityhall@mendotaheightsmn.gov
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
DRAFT Minutes of the Regular Meeting
Held Tuesday, March 21, 2023
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights,
Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, Mazzitello, and
Miller, were also present.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda.
Councilor Lorberbaum seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Mazzitello moved approval of the consent calendar as presented, with Councilor Lorberbaum
pulling item F.
a.Approval of March 7, 2023 City Council Minutes
b. Acknowledge February 14, 2023 Parks and Recreation Commission Meeting Minutes
c.Acknowledge January 18, 2023 Airport Relations Commission Meeting Minutes
d. Acknowledge February 8, 2023 Natural Resources Commission Meeting Minutes
e.Approve Out of Metro Area Travel Request for City Administrator and Assistant City
Administrator
f.Approve Resolution 2023-17 Consenting to the Amendments to the City’s Multifamily Housing
Revenue Refunding Bonds, Series 2013 (Lexington Heights Apartments Project) and Authorizing
Execution of Documents Related Thereto
g.Approve the Hiring of a Parks and Recreation Intern
h. Acknowledge January 2023 Fire Synopsis
i.Approval of Claims List
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March 21, 2023 Mendota Heights City Council Page 2 of 8
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
F) APPROVE RESOLUTION 2023-17 CONSENTING TO THE AMENDMENTS TO THE CITY’S
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 2013 (LEXINGTON
HEIGHTS APARTMENT PROJECT) AND AUTHORIZING EXECUTION OF DOCUMENTS
RELATED THERETO
Councilor Lorberbaum stated that due to her employment she will need to recuse herself from this item.
Councilor Paper asked for a quick explanation on this item.
Finance Director Kristen Schabacker stated that the City issued conduit debt for the Lexington Heights
Apartment Complex in 2013. She stated that these documents will approve a different mechanism to
calculate the interest rate as the current method will cease existence in June.
Councilor Paper moved to approve RESOLUTION 2023-17 CONSENTING TO THE AMENDMENTS
TO THE CITY’S MULTIFAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 2013
(LEXINGTON HEIGHTS APARTMENT PROJECT) AND AUTHORIZING EXECUTION OF
DOCUMENTS RELATED THERETO.
Councilor Mazzitello seconded the motion.
Ayes: 4
Nays: 0
Councilor Lorberbaum rejoined the Council.
PUBLIC COMMENTS
No one from the public wished to be heard.
PRESENTATIONS
A) POLICE DEPARTMENT MISSION STATEMENT
Police Officer Peter Renteria reviewed the department’s current mission statement and the issues that he
found with it, explaining the process that he followed to solicit input from the members of the department
to create a new mission statement. He then presented the new mission statement.
Councilor Miller commented that it was well done.
Councilor Paper asked the percentage of response for the survey.
Officer Renteria replied that no everyone replied but some members also provided input in person or
through a department meeting.
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Councilor Lorberbaum thanked Officer Renteria for taking initiative to improve something he felt needed
improvement.
Mayor Levine agreed that it was great to see that Officer Renteria took the things he learned in training
and implemented them to make something better.
B) PARKS, RECREATION, AND PAR 3 ANNUAL REPORT 2022
Parks and Recreation Manager Meredith Lawrence presented the 2022 Year in Review for parks and
recreation as well as the Par 3 Annual Report.
Councilor Miller appreciated the thorough presentation.
Councilor Paper asked if the City has a women’s softball league.
Parks and Recreation Manager Meredith Lawrence replied that there is not as registration numbers for the
women’s league continued to dwindle. She noted that slot was opened for other field users.
Councilor Lorberbaum thanked the parks and recreation staff for being creative, getting people involved,
and generating revenue.
Councilor Mazzitello echoed the appreciation and commented that it is great to see the participation and
interest in these programs. He commended parks and recreation staff for those efforts. He referenced the
chart for field and facility use and confirmed that information to be for reserved usage. He asked if there
is way to track the use of pickleball courts.
Parks and Recreation Manager Meredith Lawrence replied that pickleball open play is not tracked.
Mayor Levine commented that three members of the Council previously served on the Parks and
Recreation Commission and recognized the growth of events and programing in 2022 while staffing has
not increased. She commented that the community is participating in large numbers for these new events.
She acknowledged that the legacy events are occurring in each season, which rounds out the free
programing opportunities for the public. She thanked staff for the amazing efforts. She commented that
it has been great to watch the growth and success of the Par 3 as well.
C) INTERSTATE VALLEY CREEK STABILIZATION AND VOLUME REDUCTION STUDY
Joe Barton, Lower Mississippi River Watershed Management Organization (LMRWMO) introduced
himself and provided background on the LMRWMO. He provided a presentation on the Interstate Valley
Creek (IVC) Stabilization and Volume Reduction Study including potential projects and grant funding
opportunities. He noted that partnerships between the WMO, its member cities, and the County could
also assist in funding potential projects.
Councilor Paper asked for clarification on bank erosion mentioned.
Public Works Director Ryan Ruzek provided more specific location information.
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Mayor Levine stated that it was her understanding that as the City works with the County on the trail, that
would include a certain amount of vegetation on either side of the trail. She asked if that would include
the water issues.
Public Works Director Ryan Ruzek replied that it would not. He stated that the County would provide 90
percent funding for implementing natural resources within 100 feet of a County greenway trail. He stated
that would not include stabilization or other projects identified in the report.
Mayor Levine commented that the City recently completed a large volume reduction/stabilization project
in Valley Park and would think that would provide benefit to this area.
Public Works Director Ryan Ruzek clarified that was a stabilization project and did not include volume
reduction. He stated that this report looks to use natural methods for stabilization rather than rip rap
armoring. He confirmed that work only stabilized that area and would not have impact downstream.
Mayor Levine asked what the desired action would be.
Mr. Barton stated that his intention was to introduce the Council to this information and advise them of
potential collaboration efforts in the future with the trail project.
Public Works Director Ryan Ruzek replied that he has been including $100,000 in the City’s CIP for these
purposes to ensure that the City could provide matching funds should grant funds be received.
Councilor Miller stated that he would be in favor of marrying these two projects as it would seem that it
would make sense to coordinate efforts rather than trying to complete this project after the new trail is in
place. He asked if this would be similar to the Trout Unlimited project that was completed.
Mr. Barton replied that Trout Unlimited would focus more on habitat restoration. He explained that this
would use more natural methods of stabilization which in turn would provide habitat.
Councilor Mazzitello applauded the effort. He stated that volume reduction is an excellent approach as
that would also reduce erosion. He referenced the matching funds and asked the method used to determine
who would contribute to the matching funds.
Mr. Barton provided details on the JPA which forms the calculations and determines the cost-share
between communities. He noted that typically the agreement is developed informally between the city
engineers and then solidified in a formal document.
Councilor Lorberbaum thanked Mr. Barton for the presentation which was very informative. She asked
who would do the work.
Mr. Barton replied that the WMO can assist in drafting grant applications or hiring a consultant to draft
the applications and grant administration.
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Public Works Director Ryan Ruzek commented that plans would be developed that would be
competitively bid for a project.
Mayor Levine commented that it seems there are great opportunities and this would seem to be good
timing to coordinate these projects with the trail project. She stated that she would like to see them work
together as it would make sense to address the water issue prior to the new trail. She confirmed the support
of the Council in applying for grants.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) VALLEY VIEW HEIGHTS PLAYGROUND RECOMMENDATION
Parks and Recreation Manager Meredith Lawrence explained that the Council was being asked to approve
a proposal from Flagship Recreation (Landscape Structures) for the replacement of the playground at
Valley View Heights Parks.
Councilor Lorberbaum referenced the cost of $82,000 and received confirmation that does not include the
cost of additional swings. She asked if there is an estimate on what those swings could cost.
Parks and Recreation Manager Meredith Lawrence replied that they would need more container space and
mulch as well as the swings and estimated about $7,500 as the cost.
Councilor Paper asked if they are looking at one or two shade structures.
Parks and Recreation Manager Meredith Lawrence replied that there would be one main covered canopy
over the larger equipment section and a smaller shade structure over the younger equipment.
Councilor Paper asked for the reason on the teal color.
Parks and Recreation Manager Meredith Lawrence replied that the price is the same regardless of color.
She stated that there were three residents in attendance at the Commission meeting that are neighbors to
the park and the Commission solicited their input on the colors. She noted that the Council could choose
a different color scheme.
Councilor Paper stated that he likes more vibrant colors but was concerned with teal. He stated that if the
residents chose that color, he could support that. He referenced the benches inside the container and asked
the benefit in placing them in the container rather than outside the edge.
Parks and Recreation Manager Meredith Lawrence replied that there is benefit for maintenance as staff
does not need to mow around them. She stated that it also increases safety as parents are more easily
accessible to small children.
Councilor Paper asked if the swivel feature replaces the spring riders.
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Parks and Recreation Manager Meredith Lawrence noted that some proposals included the spring riders
while this proposal did not. She noted that the vendor stated that the swivel has been a popular feature
which is why it was included. She noted that there are spring riders in other park locations in the
community.
Councilor Paper asked if the swivel could be moved to include more swings.
Parks and Recreation Manager Meredith Lawrence replied that she did ask that question of the vendor but
was told that it would not provide much additional space but could be enough to add swings if the space
is limited.
Councilor Paper asked if all the swings shown require the same fall zone.
Parks and Recreation Manager Meredith Lawrence explained that the fall zone is determined by how high
the swing is and since the swings are the same height, the same fall zone would be required. She stated
that the hope would be to replace the belt swing in the middle with a bucket swing and then add an
additional bay with two belt swings.
Mayor Levine asked if the double swing could be removed and replaced to support two belt swings, and
the belt swing in the other bay could then be replaced with a bucket swing.
Parks and Recreation Manager Meredith Lawrence replied that could be done but the concern would be
that residents voted for this and part of that vote could have been based on certain features. She asked
that the green swing not be removed as it provides ADA access.
Mayor Levine commented that she thinks the bucket swing is an important feature and should be a priority
over the parent/child swing. She stated that she would also like to remain within budget.
Parks and Recreation Manager Meredith Lawrence noted that $75,000 was budgeted from the city’s fund
balance and noted that about 25 percent of the project could be funded through special parks fund.
Mayor Levine commented that they are still taxpayer dollars and wants to be responsible.
Councilor Lorberbaum asked who does this work.
Parks and Recreation Manager Meredith Lawrence replied that the installation is included in the cost from
the vendor. She stated that the vendor must complete installation to ensure the proper standards are met.
Councilor Mazzitello moved to approve THE BID ALTERNATE PROPOSAL THAT INCLUDES
SHADE FROM FLAGSHIP RECREATION (LANDSCAPE STRUCTURES) WITH A NOT TO
EXCEED AMOUNT OF $82,332.74 AND FURTHER INSTRUCTION TO STAFF TO WORK WITH
FLAGSHIP RECREATION FOR THE POTENTIAL TO ADD TWO ADDITIONAL SWINGS, ONE
OF WHICH IS A TODDLER SWING.
Further discussion: Councilor Paper stated that he feels strongly against the teal color.
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Councilor Mazzitello stated that he intentionally did not include the color palette in his motion so it could
be altered.
Mayor Levine commented that she did not believe the color should be a Council discussion and should be
deferred to the Parks and Recreation Commission.
Parks and Recreation Manager Meredith Lawrence noted that sending it back to the commission would
cause a project delay as the color will need to be known in order to begin assembly. She provided details
on the color scheme at Marie Park. She stated that another color palette was shown in the base bid from
the vendor, which would be another option.
Councilor Paper stated that he prefers primary colors as they stand the test of time.
Councilor Mazzitello stated that the base bid color scheme is predominantly yellow while the alternate
has a lot more teal. He asked if Councilor Paper would support the base bid colors if the teal were changed
to royal blue.
Councilor Paper stated that he could support that and explained that he just does not want to see teal as
the main color.
Mayor Levine stated that she also prefers the color scheme in the base bid, changing the teal to royal blue.
Councilor Miller stated that he would support the colors chosen by the users. He stated that he would also
agree with the colors shown in the base bid.
Parks and Recreation Manager Meredith Lawrence noted that the residents voted on the base bid option.
Councilor Lorberbaum stated that at the Parks and Recreation Commission she heard the statement that
they wanted vibrant colors, which would still be in agreement with the base bid color scheme.
Mayor Levine confirmed consensus of the Council to choose the base bid colors changing teal to royal
blue.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
City Administrator Cheryl Jacobson announced updates and upcoming events and activities.
COUNCIL COMMENTS
Councilor Paper wished all the spring school teams luck.
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March 21, 2023 Mendota Heights City Council Page 8 of 8
Councilor Lorberbaum welcomed the new Park and Recreation Intern. She thanked the residents that
attended the Chips with the Council event, noting that she appreciated the conversation and looked forward
to more. She noted an article about the struggle to recruit volunteer firefighters and the workforce
challenges across the market. She appreciated the firefighters in the community and recognized the
increasing cost of equipment for the department and training. She stated that applications are currently
open for the Mendota Heights Fire Department.
Councilor Miller echoed the comments that the Fire Department is hiring and noted that applicants do not
need skill, just a willingness to help. He recognized that people have less time to volunteer but noted that
emergencies do not take days off. He encouraged those interested to apply.
Councilor Mazzitello thanked the City Administrator for her update on the legislative process and how
the City stays involved. He stated that if there is any bill that would take away local control, he would
voice opposition. He stated that during the past few weeks there have been challenging snow events and
the public works team continues to do an excellent job, even with equipment failures. He noted that
because of the action of public works staff the failures were able to be fixed in house in a matter of days
and at a lower cost.
Mayor Levine commented that residents can also donate to the Fire Relief Association. She stated that
parks and recreation continues to be a great amenity in the community and the report was a great showcase.
ADJOURN
Councilor Mazzitello moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Mayor Levine adjourned the meeting at 8:57 p.m.
____________________________________
Stephanie B. Levine
ATTEST: Mayor
_______________________________
Christine Lusian
City Clerk
City Council | Tuesday, April 4, 2023 | Page 8 of 79
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
DRAFT Minutes of the City Council Work Session
Tuesday, March 21, 2023
CALL TO ORDER
Mayor Levine called the work session to order at 5:00 p.m. Councilmembers Lorberbaum,
Mazzitello, Miller, and Paper were present.
Staff in attendance included City Administrator Cheryl Jacobson, Police Chief Kelly McCarthy,
Public Works Director Ryan Ruzek, Assistant City Administrator Kelly Torkelson, Finance
Director Kristen Schabacker, Park and Recreation Manager Meredith Lawrence, and City Clerk
Christine Lusian.
EVENT PROPOSAL - PAR 3 BOND PAYOFF
Parks and Recreation Manager Lawrence presented an event plan to celebrate final payment of
general obligation bonds for the acquisition and improvement of the Mendota Heights Par 3 golf
course.
Councilor Miller joined at 5:10 p.m.
The plan includes food, decorations, activities, giveaways, and ceremony with an estimated
budget of $1,200. Weather might make May 6 the better date over April 22 and the event will
run 9-10:30 a.m.
Guest Robin Ehrlich co-chair of the referendum committee brought yard signs from the 2007
referendum and a framed ballot.
STRATEGIC PRIORITIES
City Administrator Jacobson provided an overview of city council’s 2021-2022 strategic
priorities and the city’s vision and mission as a starting point for suggesting council priorities for
2023-2024. Jacobson noted that council members were asked to bring up to three strategies or
goals for each priority area. Additionally, she encouraged the group to suggest changes to
priority categories to better fit proposed goals.
Councilor Mazzitello began by suggesting a goal to reinvigorate the city’s code enforcement
program and creating a dashboard or tracking measure to report on code enforcement activities.
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Councilor Lorberbaum suggested adding technology for hearing assistance and sign language
interpreters in order to respond to the needs of the hearing impaired.
Councilor Paper recommended continuing to add content to the city’s new website and for staff
to investigate the implementation of propane vehicles or other alternative fuel powered vehicles.
Jacobson stated that a prior discussion was to update the city’s fleet management policy to
incorporate electric vehicles and that staff in that update could add the suggested research.
Mayor Levine raised the question about public safety priorities and whether the council should
have a priority area which focuses specifically on public safety. The group noted that police
department building improvements would be a significant goal for 2023-2024.
Councilor Paper added cellular and broadband coverage, specifically referring to small cell
technology and the desire to continue to focus on supporting resident and worker mobility as a
priority.
Councilor Mazzitello added instituting utility franchise fees as a means to fund city programs
such as natural resources. City Administrator Jacobson suggested adding the investigation of
new and alternative revenue sources for programs as a goal.
The group discussed the addition of a new priority area titled “fiscal management” which may
include the goal of investigating the implementation of utility franchise fees, a hotel and lodging
tax, and charitable gambling.
Councilor Mazzitello suggested an educational service for residents to understand how city
government works, like a civics academy or similar.
Mayor Levine suggested redevelopment as a new priority and the group discussed potential goals
of completing a business survey, general economic development and business attraction and
retention programs and incentives that would create or support a vibrant business community.
Councilor Miller asked about Tax Increment Financing and business incentives, and
recommended looking into what other cities are doing to bring business in and evaluate whether
similar programs or incentives would work for the city. City Administrator Jacobson noted that
the city is competing against cities like Eagan which have more “tools in their toolboxes” to
attract new business to their city.
The group discussed changing or adding a priority area focusing on connection and engagement,
which would focus on the city’s relationships, continuous improvement and trust.
City Administrator Jacobson noted that an overarching theme has been sustainability; impacting
several areas of city operations and that a possible new priority area might be titled sustainability
and stewardship of natural resources.
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Miller excused himself 6:30 p.m.
The group discussed the suggestion of implementing a citywide curbside organics collection
program and the benefits and challenges of being a leading city in this area. Park and Recreation
Manager Meredith Lawrence noted that if implemented, the city would be the first in Dakota
County to do so. Mayor Levine noted that she wants every resident in the city to be able to
participate in organics recycling as part of waste collection.
Councilor Lorberbaum suggested the topic of speed as a goal. Staff asked for clarification on the
goal recommendation and discussed safety as a potential broader goal topic.
City Administrator Jacobson concluded the session by summarizing the next steps in the priority
setting process.
ADJOURNMENT
Mayor Levine adjourned the meeting at 6:43 p.m.
____________________________________
Stephanie B. Levine, Mayor
ATTEST:
_______________________________
Christine Lusian, City Clerk
City Council | Tuesday, April 4, 2023 | Page 11 of 79
Request for City Council Action
DATE: April 4, 2023
TO: Mayor, City Council, and City Administrator
FROM: John Boland, Public Works Superintendent
SUBJECT: Approval of Spill Control for Bulk Oil Storage in Mechanics Parts Room
INTRODUCTION
Due to spill control compliance Public Works is required to have spill control measures for the
bulk storage of oil drums.
BACKGROUND
Staff received two quotes to saw cut the floor under the oil storage area in the mechanics parts
room and install a trench drain under the drums that will lead to a poly storage drum underground
to contain oil in case of a spill.
The two quotes received were:
Kirchner: $7,500.00
JWS: $8,125.00
BUDGET IMPACT
In the 2023 CIP, the budget included $10,000 for this spill control project. The price came in
$2,500.00 under budget.
RECOMENDATION
Staff recommends that the Mendota Heights City Council award the project to Kirchner for their
low bid of $7,500.00.
ACTION REQUIRED
If Council concurs with the staff recommendation, they should pass a motion to award the project
to Kirchner for their low bid of $7,500.00. This action requires a simple majority vote.
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Request for City Council Action
DATE: April 4, 2023
TO: Mayor, City Council, and City Administrator
FROM: Kelly McCarthy, Chief of Police & Emergency Manager
SUBJECT: Resolution No. 2023-18 Continued Participation in the Dakota County
Drug Task Force
INTRODUCTION
The Council is asked to authorize the City’s continued participation in the Dakota County Drug
Task Force.
BACKGROUND
The Dakota County Drug Task Force investigates illegal drug activity and assists in the
prosecution of all levels of offenders. The current joint powers agreement (JPA) the Mendota
Heights Police Department has with the task force is up for renewal in 2023.
Currently, the Mendota Heights Police Department does not have an officer assigned to the task
force, due to staffing levels and experience needed. The task force is primarily funded through
grant funds and participating agency contributions. The resources that the department has
access to through this JPA are instrumental to the investigations and prosecutions of drug
offenders. The new JPA is valid until December 31, 2027.
Attachments: Joint Power Agreement (with all signature pages removed except Mendota
Heights)
BUDGET IMPACT
Expenses pertaining to the Dakota County Drug Task Force are included in the Police
Department’s budget.
RECOMMENDATION
If the City Council concurs, it should, by motion, approve Resolution No. 2023-18 FORMALLY
AUTHORIZING CONTINUED PARTICIPATION IN A JOINT POWERS AGREEMENT
(JPA)WITH THE “DAKOTA COUNTY DRUG TASK FORCE” and authorize the Mayor to
execute necessary agreements.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2023-18
FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT
(JPA) WITH THE “DAKOTA COUNTY DRUG TASK FORCE.”
WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 471.59
“Joint Exercise of Powers”; and
WHEREAS, this requires the governing bodies of the agency enter into an agreement;
and
WHEREAS, the agreement must address certain items including, but not limited to,
liability, purpose of the agreement, disbursement of funds, termination of the agreement, services
performed by others, board membership; and
WHEREAS, the City wishes to provide the highest level of service to its citizens; and
WHEREAS, the City Council of the City of Mendota Heights has duly considered this
matter and wish to have access to all of the skills, expertise and resources available to them and
our neighbors related to illegal drug investigations.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City
of Mendota Heights has by RESOLUTION 2023-18 FORMALLY AUTHORIZIED
PARTICIPATION IN A JOINT POWERS AGREEMENT WITH THE “DAKOTA COUNTY
DRUG TASK FORCE.”
Adopted by the City Council of the City of Mendota Heights this 4th day of April, 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
ATTEST:
_________________________
Christine Lusian, City Clerk
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Request for City Council Action
DATE: April 4, 2023
TO: Mayor and City Council
FROM: Kelly Torkelson, Assistant City Administrator
Cheryl Jacobson, City Administrator
Dave Dreelan, Fire Chief
SUBJECT: Approve Hiring of Fire Marshal
INTRODUCTION
The City Council is asked to approve the hiring of Joseph King as Fire Marshal.
BACKGROUND
The Fire Marshal position is a part time position for 20 hours a week. This position is supervised by the
Community Development Director with technical supervision by the Fire Chief. This position is
responsible for inspections and investigation services relating to fire, building, house and related codes,
policies and ordinance.
Staff are recommending the hiring of Joseph King as the Fire Marshal with a pay rate of $36.39 based
on the results of a background check and psychological assessment. Joseph King has worked for the
City of Mendota Heights in the past as a paid-on-call firefighter from 2018-2020. Currently, he is
working as a full-time firefighter for the City of Eagan Fire Department. He brings experience as an
EMT, firefighter, and fire inspection to the role.
BUDGET IMPACT
This position is a pay grade 10 on the city’s compensation scale and is budgeted within the 2023 city
budget. Staff are also recommending that Joseph King be granted 1-week (20 hours) of vacation bank
at the start of his employment with the city.
RECOMMENDATION
Staff recommends the City Council approve the hiring of Joseph King as Fire Marshal at a rate of
$36.39 and to grant one week (20-hours) of paid vacation to start his employment.
ACTION REQUIRED
If City Council concurs, it should, by motion, approve the hiring of Joseph King as Fire Marshal at a
rate of $36.39 and to grant one week (20-hours) of paid vacation to start his employment.
5eCity Council | Tuesday, April 4, 2023 | Page 23 of 79
Request for City Council Action
DATE: April 4, 2023
TO: Mayor, City Council, and City Administrator
FROM: Christine Lusian, City Clerk
SUBJECT: Massage Therapist License
INTRODUCTION
City Council is asked to approve a new massage therapist license.
BACKGROUND
Massage therapist applicant, Abbie Fletcher, has completed application requirements, paid the
associated license fees, and secured employment at licensed massage therapist with Green Lotus.
RECOMMENDATION
City staff recommends City Council approve a massage therapist license for Abbie Fletcher
effective through June 30, 2023.
ACTION REQUIRED
If City Council concurs, it should, by motion, approve the massage therapist license for Abbie
Fletcher.
5fCity Council | Tuesday, April 4, 2023 | Page 24 of 79
CITY OF MEN DOT A HEIGHTS
TREASURER'S REPORT JANUARY 2023 �
Deerwood Bank
Checking Account .03%
Collateral -Bonds
Gov't. Guar.
Investments
Saving Cert 7/27/2020@ 1.50% Cherokee
FHLMC 0.32% 11/24/23
Federal Farm Credit Bank Bond 0.31% 11/30/23
FHLB 1.35% 2/11/25
FHLB 0.35% 10/14/25
FHLB 0.50% 2/25/26
FHLB 0.50% 3/16/26
FHLB 0.65% 6/30/26
FHLB .75% 8/26/26
Bank Hapoalim BM NY 4.85% 05/21/24
Eaglemark Savings Bank .20% 4/28/23
BMW Bank America 0.40% 9/26/23
Webbank 0.55% 11/29/23
Bank United .45% 4/15/24
UBS Bank USA 0.35% 6/24/24
Texas Exchange Bank 0.50% 7/9/24
Toyota Financial Savings Bank .55% 8/5/24
Webbank 1.00% 12/30/24
JP Morgan 1.10% 1/31/25
Morgan Stanley Private Bank 0.40% 3/20/25
Ally Bank 2.60% 4/14/26
Sallie Mae Bank 1.00% 7/8/26
Goldman Sachs Bank 1.05% 9/22/26
State Bank of India 1.10% 9/28/26
Discover Bank 3.35% 7/12/27
Capital One 3.40% 8/17/27
Capital One USA 3.40% 8/17/27
Fidelity Institutional Government Portfolio (Piper)
FHLB 4.08% 4/27/23
Gov't. Securities Fund 28% Sold 6/4
MMkt Fd (WF)
TOTAL FUNDS AVAILABLE 1/31/2023
Funds Available 1/1/2023
Rates
January
Money Market
Bank
5 Yr. Tr.
10 Yr. Tr.
0.03%
3.63%
3.52%
BALANCE
$234,033.90
Cost
$14,064.33
$225,000.00
$490,000.00
$490,000.00
$500,000.00
$340,000.00
$505,000.00
$300,000.00
$250,000.00
$225,000.00
$245,000.00
$245,000.00
$110,000.00
$245,000.00
$245,000.00
$247,000.00
$245,000.00
$135,000.00
$245,000.00
$245,000.00
$245,000.00
$144,000.00
$160,000.00
$245,000.00
$235,000.00
$245,000.00
$245,000.00
$11,519,177.10
$750,000.00
$433,187.00
$20,882.98
$20,022,345.31
$22,312,897.70
COLLATERAL
$3,240,000.00
$200,000.00
PV
$14,064.33
$216,771.75
$471,737.70
$461,310.50
$458,645.00
$306,360.40
$458,509.70
$271,884.00
$225,577.50
$225,321.75
$242,474.05
$238,372.75
$106,322.70
$232,691.20
$230,510.70
$232,498.63
$230,253.45
$125,971.20
$228,403.70
$225,527.40
$230,287.75
$127,562.40
$141,075.20
$216,312.95
$223,294.65
$233,053.80
$233,053.80
$11,519,177.10
$748,942.50
5gCity Council | Tuesday, April 4, 2023 | Page 25 of 79
City Council | Tuesday, April 4, 2023 | Page 26 of 79
CITY OF MENDOTA HEIGHTS
TREASURER'S REPORT FEBRUARY 2023
BALANCE COLLATERAL
Deerwood Bank
Checking Account .03%$179,616.84
Collateral - Bonds $3,240,000.00
Gov't. Guar. $200,000.00
Investments Cost PV
Saving Cert 7/27/2020 @ 1.50% Cherokee $14,064.33 $14,064.33
FHLMC 0.32% 11/24/23 $225,000.00 $216,882.00
Federal Farm Credit Bank Bond 0.31% 11/30/23 $490,000.00 $471,914.10
FHLB 1.35% 2/11/25 $490,000.00 $456,047.90
FHLB 0.40% 10/14/25 $500,000.00 $451,675.00
FHLB 0.60% 2/25/26 $340,000.00 $300,770.80
FHLB 0.50% 3/16/26 $505,000.00 $450,672.10
FHLB 0.65% 6/30/26 $300,000.00 $266,445.00
FHLB .75% 8/26/26 $250,000.00 $220,772.50
Bank Hapoalim BM NY 4.85% 05/21/24 $225,000.00 $224,356.50
Eaglemark Savings Bank .20% 4/28/23 $245,000.00 $243,309.50
BMW Bank America 0.40% 9/26/23 $245,000.00 $238,803.95
Webbank 0.55% 11/29/23 $110,000.00 $106,434.90
Bank United .45% 4/15/24 $245,000.00 $232,588.30
UBS Bank USA 0.35% 6/24/24 $245,000.00 $230,268.15
Texas Exchange Bank 0.50% 7/9/24 $247,000.00 $232,187.41
Toyota Financial Savings Bank .55% 8/5/24 $245,000.00 $229,802.65
Webbank 1.00% 12/30/24 $135,000.00 $125,513.55
JP Morgan 1.10% 1/31/25 $245,000.00 $227,480.05
Morgan Stanley Private Bank 0.40% 3/20/25 $245,000.00 $224,682.15
Ally Bank 2.60% 4/14/26 $245,000.00 $229,322.45
Sallie Mae Bank 1.00% 7/8/26 $144,000.00 $127,211.04
Goldman Sachs Bank 1.05% 9/22/26 $160,000.00 $140,737.60
State Bank of India 1.10% 9/28/26 $245,000.00 $215,793.55
Discover Bank 3.35% 7/12/27 $235,000.00 $222,582.60
Capital One 3.40% 8/17/27 $245,000.00 $232,282.05
Capital One USA 3.40% 8/17/27 $245,000.00 $232,282.05
Fidelity Institutional Government Portfolio (Piper) $11,033,020.08 $11,033,020.08
FHLB 4.08% 4/27/23 $750,000.00 $748,935.00
Gov't. Securities Fund 28% Sold 6/4 $433,187.00
MMkt Fd (WF)$37,259.21
TOTAL FUNDS AVAILABLE 2/28/2023 $19,498,147.46
Funds Available 1/1/2023 $22,312,897.70
Rates Money Market
February Bank 0.03%
5 Yr. Tr. 4.18%
10 Yr. Tr. 3.92%
City Council | Tuesday, April 4, 2023 | Page 27 of 79
TD Ameritrade Account Equipment Certificate Bond Proceeds
Cash $654,791.43
Total for TD Ameritrade Account $654,791.43
City Council | Tuesday, April 4, 2023 | Page 28 of 79
Request for City Council Action
MEETING DATE: April 4, 2023
TO: Mayor, City Council, and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: February 2023 Fire Synopsis
COMMENT:
Total Fire Calls for February 2023: 28
Types of calls:
Fires: 1 February found the department paged to a fire in an oven where a pizza box was put in
the oven and caught fire.
Medical/Extrication: 9 One call in February was for a vehicle accident with injuries. The
additional eight calls were medical in nature. As always, limited information is given out
regarding medical calls.
Hazardous Situations: 4 Two of the fire calls were paged out for the smell of gas. One was
in an apartment building where gas was detected on the third floor and a gas odor was also
outside a very large commercial warehouse on Pilot Knob Road. Xcel was called for both
incidents. On the second incident, Xcel suspected a possible broken gas line on the roof. The
department also responded to a vehicle accident that contained leaking gas. The last of the
hazardous calls was for a power line issue.
False Alarms/System Malfunctions: 5 False alarms were coded as - two system
malfunctions and three calls were coded as unintentional alarm trips.
Good Intent: 1 For February, there was one call for the smell of gas outside but no gas was
detected in the interior of the building.
Dispatched and Cancelled En route: 3 The MHFD had only one call in February that was
cancelled en route.
Mendota Heights 19 call(s)
Lilydale 0 call(s)
Mendota 1 call(s)
Sunfish Lake 3 call(s)
Other 5 call(s)
Total Calls: 28 call(s)
City Council | Tuesday, April 4, 2023 | Page 29 of 79
5h
Mutual/Auto-Aid Other: 5 February had the MHFD responding and participating at a
structure fire in Eagan. There were four calls to West St Paul.
February Trainings
February 8 18:30 Vector Solutions Mandatory Training Offering 1 of 3
This training was dedicated to introducing firefighters to Vector Solutions and training them on
how to utilize its many features for the fire service.
February 9 07:00 Vector Solutions Mandatory Training Offering 2 of 3
This training was dedicated to introducing firefighters to Vector Solutions and training them on
how to utilize its many features for the fire service.
February 15 18:30 Ice Rescue
This drill was held at Rogers Lake and involves victim/rescue scenarios and allows firefighters to
practice skills that minimize rescuer risk while allowing for fast and efficient victim access.
February 20 18:30 Vector Solutions Mandatory Training Offering 3 of 3
This training was dedicated to introducing firefighters to Vector Solutions and training them on
how to utilize its many features for the fire service.
February 21 07:00 Ice Rescue
This drill was held at Rogers Lake and involves victim/rescue scenarios and allows firefighters to
practice skills that minimize rescuer risk while allowing for fast and efficient victim access.
February 27 06:00 EMS C (Option 1)
This drill was the third portion of a firefighter’s bi-annual EMR medical refresher. The training
is presented by MHealth and included the Mendota Heights Police Department as well.
City Council | Tuesday, April 4, 2023 | Page 30 of 79
Number of Calls 28 59
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $0
Structure - Contract Areas $0
Cooking Fire - confined 1 $0
Vehicle - MH $0
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire
OVERPRESSURE RUPTURE $0 $0 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 7
Vehicle accident w/injuries 1
Extrication ALL FIRES, ALL AREAS (MONTH)$0
Medical, other 1
HAZARDOUS SITUATION $0
Spills/Leaks 3
Carbon Monoxide Incident $0
Power line down 1
Arcing, shorting $0
Hazardous, Other
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency
Service Call, other
GOOD INTENT
Good Intent
Dispatched & Cancelled 3 Current To Date Last Year
Smoke Scare 19 43 41
HazMat release investigation 1 0 1 1
Good Intent, Other 1 2 1
FALSE ALARMS 3 4 2
False Alarm 5 9 6
Malfunction 2
Unintentional 3 Total:28 59 51
False Alarm, other
MUTUAL AID 5 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 28 Inspections
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 347.5 770.5 681
Meetings 111 148 66.5 Meetings
Training 386 676 750.75
Special Activity 61 74 51 Administration
Fire Marshal 0 85
Plan Review/Training
TOTALS 905.5 1668.5 1634.25 TOTAL:0
Total Calls for Year
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
FEBRUARY 2023 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
City Council | Tuesday, April 4, 2023 | Page 31 of 79
,� CITY OF ,m :I MENDDT A HEIGHTS
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone I 651.452.8940 fax
www.m endota-heights.com
-
MEETING DATE:
TO:
FROM:
SUBJECT:
BACKGROUND
Significant Claims
Xcel Energy -Utilities
Request for City Council Action April 4, 2023 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director \t'I Mi'V Claims List Summary 'f'' -Barr Engineering -Park Place/Rogers Lake Pond Improvements
By the Yard -Par 3 Patio Furniture
CES Imaging -Plotter -Engineering
Compass Minerals -Street Salt
Fire Equipment Specialties -Turnout Gear -Fire
Gertens Greenhouse-Fertilizer-Parks
Mansfield Oil -Fuel
Northfield Solar -Utilities
Schneider Co -Par 3 Clubhouse Carpet
US Bank -Monthly Purchases
Wingfoot Commercial -Tires -Police
Manual Checks Total
System Checks Total
Total for the list of claims for the April 4, 2023 City Council meeting
RECOMMENDATION
$ 19,742.73
$ 5,477.96
$ 8,195.06
$ 8,610.00
$ 18,274.62
$ 22,296.00
$ 6,474.75
$ 10,560.15
$ 7,250.97
$ 4,195.00
$ 4,661.95
$ 4,858.16
$ 23,298.37
. $ 174,977.20
$ 198,275.57
Staff recommends that the Mendota Heights City Council approve the list of claims for April 4, 2023.
5iCity Council | Tuesday, April 4, 2023 | Page 32 of 79
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Request for City Council Action
DATE: April 4, 2023
TO: Mayor, City Council and City Administrator
FROM: Kelly Torkelson, Assistant City Administrator
SUBJECT: Wyland National Mayor’s Challenge for Water Conservation
INTRODUCTION
The Wyland National Mayor’s Challenge for Water Conservation, presented by the Wyland Foundation,
with support from the U.S. Environmental Protection Agency WaterSense, National League of Cities,
The Toro Company, and Zenni Optical addresses the growing importance of educating consumers about
the many ways water is used.
BACKGROUND
The annual Wyland National Mayor’s Challenge for Water Conservation is a friendly non-profit
competition between cities across the country. The campaign actively promotes civic participation and
action around water conservation, efficiency, and the sustainability of our nation’s water-based
ecosystems, with thousands of dollars in eco-friendly prizes for participating residents and local charities.
This year’s Mayor’s Challenge for Water Conservation takes place April 1-April 30.
Mendota Heights will be participating in this friendly competition again this year, along with other cities
in the population category of 5,000-29,000. The City encourages residents to make a series of online
pledges at mywaterpledge.com to use water more efficiently, reduce pollution and save energy.
BUDGET IMPACT
None
RECOMMENDATION
Staff will present information on the 2023 campaign.
ACTION REQUIRED
Information only. No Council action is required.
7aCity Council | Tuesday, April 4, 2023 | Page 43 of 79
Request for City Council Action
DATE: April 4, 2023
TO: Mayor and City Council
FROM: Cheryl Jacobson, City Administrator
Kelly McCarthy, Police Chief
SUBJECT: Opioid Settlement Participation—Second Round
INTRODUCTION
The State of Minnesota has signed onto five new national opioid settlements worth $20.4 billion
with major opioid manufacturers Teva Pharmaceuticals and Allergan, and three of the nation’s
largest retail pharmacy chains — Walmart, CVS, and Walgreens. All Minnesota cities and
counties are asked to participate in the second round of settlements in order for the state to receive
more than $235 million over 15 years.
BACKGROUND
In December, 2021, the City Council adopted Resolution 2021-101 approving a Memorandum of
Agreement between the State of Minnesota and local governments authorizing participation in a
first round of national opioid settlements.
The Minnesota Memorandum of Agreement (MN MOA) governs how Minnesota distributes
settlement funds from two national settlements with opioid distributors McKesson, Cardinal
Health, and AmerisourceBergen and opioid manufacturer Johnson & Johnson.
The MN MOA directs that 75 percent of the funds go to local governments including all counties
and cities that have populations over 30,000, have filed lawsuits against the settling defendants, or
have public health departments; and 25 percent to the State for distribution by the Opioid Epidemic
Response Advisory Council.
Dakota County cities that received a direct allocation of settlement funds include: Apple Valley,
Burnsville, Eagan, Inver Grove Heights and Lakeville. Given the city’s population, Mendota
Heights was not eligible for a direct allocation. However, by signing on to the settlements the
city’s allocation went to Dakota County. Overall, Dakota County as a whole is expected to receive
more than $13.5 million in first round settlement funds. Direct allocation amounts are as follows:
9aCity Council | Tuesday, April 4, 2023 | Page 44 of 79
• Dakota County: $9,814,545.38
• Apple Valley: $663,999.35
• Burnsville: $1,140,115.28
• Eagan: $812,111.60
• Inver Grove Heights: $486,962.71
• Lakeville: $626,575.18
Under the MN MOA, all of the settlement funds must be used to remediate the opioid crisis,
including treatment, prevention, and recovery services.
Dakota County is the lead agency in determining how the county’s allocation, which includes the
funds contributed by the city’s participation, will be spent. Dakota County staff have held a
number of meetings to solicit input on the use of funds. Most recently, the Dakota County Board
of Commissioners discussed the use of funds at a County Board workshop on March 28. The
County Board did not make any recommendations or decisions on how its funds would be used.
Attachments: Amended Minnesota Opioids State-Subdivision Memorandum of Agreement
Resolution 2021-101
BUDGET IMPACT
None.
RECOMMENDATION
To maximize the dollars that Minnesota receives, cities and counties are being asked to join in the
second round of settlements. The Attorney General’s Office has prepared an Amended
Memorandum of Agreement to extend its terms to cover these new and any future settlements.
In order for the City of Mendota Heights to participate, a resolution authorizing the execution of
an amended version of the previous Memorandum of Agreement must be approved. The deadline
to participate is April 18, 2023.
ACTION REQUESTED
If the City Council concurs, it should, by motion, adopt Resolution 2023-19, AUTHORIZING
THE CITY OF MENDOTA HEIGHTS STAFF TO EXECUTE ALL NECESSARY
DOCUMENTS TO ENSURE PARTICIPATION IN THE MULTISTATE
SETTLEMENTS RELATING TO OPIOID SUPPLY CHAIN PARTICIPANTS, AND IN
THE MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF
AGREEMENT.
City Council | Tuesday, April 4, 2023 | Page 45 of 79
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-19
AUTHORIZING THE CITY OF MENDOTA HEIGHTS STAFF TO EXECUTE ALL
NECESSARY DOCUMENTS TO ENSURE PARTICIPATION IN THE MULTISTATE
SETTLEMENTS RELATING TO OPIOID SUPPLY CHAIN PARTICIPANTS, AND IN
THE MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF
AGREEMENT
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are
engaged in nationwide civil litigation against opioid supply chain participants related to the opioid
crisis; and
WHEREAS, the Minnesota Attorney General has signed on to multistate settlement
agreements with several opioid supply chain participants, but those settlement agreements are still
subject to sign-on by local governments and final agreement by the companies and approval by
the courts; and
WHEREAS, there is a deadline of April 18, 2023, for a sufficient threshold of Minnesota
cities and counties to sign on to the above-referenced multistate settlement agreements, and failure
to timely sign on may diminish the amount of funds received by not only that city or county but
by all Minnesota cities and counties from the settlement funds; and
WHEREAS, representatives of Minnesota’s local governments, the Office of the Attorney
General, and the State of Minnesota have reached agreement on the intrastate allocation of these
settlement funds between the State, and the counties and cities, as well as the permissible uses of
these funds, which will be memorialized in the Minnesota Opioids State-Subdivision
Memorandum of Agreement, as amended (the “State-Subdivision Agreement”); and
WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments
and the State to work collaboratively on a unified vision to deliver a robust abatement and
remediation plan to address the opioid crisis in Minnesota.
NOW, THEREFORE, BE IT RESOLVED, the City of Mendota Heights supports and
agrees to the State-Subdivision Agreement; and
BE IT FURTHER RESOLVED, the City of Mendota Heights supports and opts in to all
future multistate settlement agreements with opioid supply chain participants; and
BE IT FURTHER RESOLVED, the City of Mendota Heights authorizes city staff to
execute all necessary documents to ensure Mendota Heights’ participation in the multistate
City Council | Tuesday, April 4, 2023 | Page 46 of 79
settlement agreements, including the Participation Agreement and accompanying Release, and in
the State-Subdivision Agreement.
Passed by the City Council of Mendota Heights Minnesota this fourth day of April, 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
ATTEST:
Christine Lusian, City Clerk
City Council | Tuesday, April 4, 2023 | Page 47 of 79
1
AMENDED MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF
AGREEMENT
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage
caused by their misconduct;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be available
from the aforementioned litigation will likely be insufficient to fully abate the public health crisis
caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, the investigations and litigation with several companies have resulted in National
Settlement Agreements with those companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will
be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the
distribution and use of settlement amounts;
WHEREAS, this Amended Memorandum of Agreement is intended to facilitate compliance by
the State and by the Local Governments with the terms of the National Settlement Agreements and
is intended to serve as a State-Subdivision Agreement under the National Settlement Agreements;
WHEREAS, this Amended Memorandum of Agreement is also intended to serve as a State-
Subdivision Agreement under resolutions of claims concerning alleged misconduct in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in
bankruptcy court that provide for payments (including payments through a trust) to both the State
and Minnesota counties and cities and allow for the allocation between a state and its political
subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Amended Memorandum of Agreement is intended to serve under
the Bankruptcy Resolutions concerning Purdue Pharma, Mallinckrodt, and Endo as a qualifying
Statewide Abatement Agreement.
City Council | Tuesday, April 4, 2023 | Page 48 of 79
2
I. Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to
abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with
the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved
Uses” shall include the reasonable administrative expenses associated with overseeing and
administering Opioid Settlement Funds. Reimbursement by the State or Local
Governments for past expenses are not Approved Uses.
“Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean any Opioid Supply Chain Participants that have filed for
federal bankruptcy protection, including, but not limited to, Purdue Pharma L.P.,
Mallinckrodt plc, and Endo International plc.
“Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by
the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and
municipalities and allow for the allocation between the state and its political subdivisions
to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local Governments,
or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the
municipality.
“Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s)
on or before December 3, 2021, as defined in Section VI.B below.
“Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all Minnesota political subdivisions within the geographic
boundaries of the state of Minnesota.
“MDL Matter” means the matter captioned In re National Prescription Opiate Litigation,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
City Council | Tuesday, April 4, 2023 | Page 49 of 79
3
“Memorandum of Agreement” or “MOA” means this agreement, the Amended Minnesota
Opioids State-Subdivision Memorandum of Agreement.
“National Settlement Agreements” means a national opioid settlement agreement with the
Parties and one or more Opioid Supply Chain Participants concerning alleged misconduct
in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic,
which includes structural or payment provisions requiring or anticipating the participation
of both the State and its political subdivisions in the national opioid settlement agreement
and allows for the allocation of Opioid Settlement Funds between the State and its political
subdivisions to be set through a state-specific agreement.
“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement
Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are
temporarily held before being expended on opioid remediation strategies.
“Opioid Supply Chain Participants” means entities that engage in, have engaged in, or have
provided consultation services regarding the manufacture, marketing, promotion,
distribution, or dispensing of an opioid analgesic, including, but not limited to, Janssen,
AmerisourceBergen, Cardinal Health, McKesson, Teva Pharmaceuticals, Allergan plc,
CVS Health Corporation, Walgreens Boots Alliance, Inc., and Walmart Inc. “Opioid
Supply Chain Participants” also means all subsidiaries, affiliates, officers, directors,
employees, or agents of such entities.
“Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a political subdivision within the geographic
boundaries of the State of Minnesota that has signed this Memorandum of Agreement and
has executed a release of claims by signing on to the National Settlement Agreements. For
the avoidance of doubt, a Local Government must sign this MOA to become a
“Participating Local Government.”
“Region” is defined in Section II.H below.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison.
“State Abatement Fund” is defined in Section II.B below.
II. Allocation of Settlement Proceeds
A. Method of distribution. Pursuant to the National Settlement Agreements and any
Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State
and directly to Participating Local Governments in such proportions and for such uses as
set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of
City Council | Tuesday, April 4, 2023 | Page 50 of 79
4
the State or any Participating Local Government unless and until such time as each
distribution is made.
B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement
funds established by Participating Local Governments (“Local Abatement Funds”). This
initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.
C. Statutory change.
1. The Parties agree to work together in good faith to propose and lobby for legislation
in the 2022 Minnesota legislative session to modify the distribution of the State’s
Opiate Epidemic Response Fund under Minnesota Statutes section 256.043,
subd. 3(d), so that “50 percent of the remaining amount” is no longer appropriated
to county social services, as related to Opioid Settlement Funds that are ultimately
placed into the Minnesota Opiate Epidemic Response Fund (“Legislative
Modification”).1 Such efforts include, but are not limited to, providing testimony
and letters in support of the Legislative Modification.
2. It is the intent of the Parties that the Legislative Modification would affect only the
county share under section 256.043, subd. 3(d), and would not impact the provision
of funds to tribal social service agencies. Further, it is the intent of the Parties that
the Legislative Modification would relate only to disposition of Opioid Settlement
Funds and is not predicated on a change to the distribution of the Board of
Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund.
D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting
Workgroup to recommend draft legislation to achieve this Legislative Modification. The
Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the
Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney
General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office,
and Minnesota tribal representatives. The Workgroup will host meetings with Members of
the Minnesota House of Representatives and Minnesota Senate who have been involved in
this matter to assist in crafting a bill draft.
E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure
that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
Bankruptcy Resolutions are not actually distributed to the Parties until on or after August
1, 2022, in order to allow the Parties to pursue legislative change that would take effect
1 It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in
Exhibit A.
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before the Opioid Settlement Funds are received by the Parties. Such steps may include,
but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification
described above, if that date is prior to August 1, 2022.
F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described
above does not take effect by August 1, 2022, the allocation between the Parties set forth
in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund,
and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential
amendment of this MOA if such legislation does not timely go into effect in accordance
with this paragraph.
G. Effect of later statutory change. If the Legislative Modification described above takes
effect after August 1, 2022, the allocation between the Parties will be modified as follows:
(i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds.
H. Effect of partial statutory change. If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less
than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties
per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then
the allocation set forth in Section II.B will be modified to ensure Participating Local
Governments receive 75% of the Opioid Settlement Funds.
I. Participating Local Governments receiving payments. The proportions set forth in
Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all
Minnesota cities that (a) have a population of more than 30,000, based on the United States
Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed
an established health care or treatment infrastructure (e.g., health department or similar
agency), or (c) have initiated litigation against AmerisourceBergen, Cardinal Health,
McKesson, or Janssen as of December 3, 2021.
J. Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set
forth in Exhibit B, attached hereto and incorporated herein by reference, which is based
upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not
change based on population changes during the term of the MOA. However, to the extent
required by the terms of the National Settlement Agreements, the proportions set forth in
Exhibit B must be adjusted: (i) to provide no payment from the National Settlement
Agreements to any listed county or municipality that does not participate in the National
2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed
and their shares were proportionally reallocated amongst the remaining subdivisions.
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Settlement Agreements; and (ii) to provide a reduced payment from the National
Settlement Agreements to any listed county or city that signs on to the National Settlement
Agreements after the Initial Participation Date.
K. Redistribution in certain situations. In the event a Participating Local Government merges,
dissolves, or ceases to exist, the allocation percentage for that Participating Local
Government shall be redistributed equitably based on the composition of the successor
Local Government. In the event an allocation to a Local Government cannot be paid to the
Local Government, such unpaid allocations will be allocated to Local Abatement Funds
and be distributed in such proportions as set forth in Exhibit B.
L. City may direct payments to county. Any city allocated a share may elect to have its full
share or a portion of its full share of current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that county
or counties are Participating Local Governments[s]. If a city is located in more than one
county, the city’s funds will be directed based on the MDL Matter’s Opioid Negotiation
Class Model.
III. Special Revenue Fund
A. Creation of special revenue fund. Every Participating Local Government receiving Opioid
Settlement Funds through direct distribution shall create a separate special revenue fund,
as described below, that is designated for the receipt and expenditure of Opioid Settlement
Funds.
B. Procedures for special revenue fund. Funds in this special revenue fund shall not be
commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets, unless
the loan or pledge is for an Approved Use. Participating Local Governments may not
assign to another entity their rights to receive payments of Opioid Settlement Funds or their
responsibilities for funding decisions, except as provided in Section II.L.
C. Process for drawing from special revenue funds.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body
includes in its budget or passes a separate resolution authorizing the expenditure of
a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures
of opioid settlement funds; (ii) state the specific strategy or strategies the county or
city intends to fund, using the item letter and/or number in Exhibit A to identify
each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time.
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D. Local government grantmaking. Participating Local Governments may make contracts
with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E. Interest earned on special revenue fund. The funds in the special revenue fund may be
invested, consistent with the investment limitations for local governments, and may be
placed in an interest-bearing bank account. Any interest earned on the special revenue
funds must be used in a way that is consistent with this MOA.
IV. Opioid Remediation Activities
A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized
only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of this
MOA, unless execution of the National Settlement Agreements requires a later date.
Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees
arising from the enforcement of legal claims related to the opioid epidemic, except for the
portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and
cost funds established in the National Settlement Agreements, as well as the Backstop Fund
described in Section VI.
B. Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead
agency and Chief Strategist to identify, collaborate, and respond to local issues as Local
Governments decide how to leverage and disburse Opioid Settlement Funds. In their role
as Chief Strategist, public health departments will convene multi-sector meetings and lead
efforts that build upon local efforts like Community Health Assessments and Community
Health Improvement Plans, while fostering community focused and collaborative
evidence-informed approaches that prevent and address addiction across the areas of public
health, human services, and public safety. Chief Strategists should consult with
municipalities located within their county in the development of any Community Health
Assessment, and are encouraged to collaborate with law enforcement agencies in the
county where appropriate.
C. Administrative expenses. Reasonable administrative costs for the State or Local
Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or
Bankruptcy Resolution, whichever is less.
D. Regions. Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments may
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choose to create a Region or utilize an existing Region under a joint exercise of powers
under Minn. Stat. § 471.59.
E. Consultation and partnerships.
1. Each county receiving Opioid Settlement Funds must consult annually with the
municipalities in the county regarding future use of the settlement funds in the
county, including by holding an annual meeting with all municipalities in the
county in order to receive input as to proposed uses of the Opioid Settlement Funds
and to encourage collaboration between Local Governments both within and
beyond the county. These meetings shall be open to the public.
2. Participating Local Governments within the same County Area have a duty to
regularly consult with each other to coordinate spending priorities.
3. Participating Local Governments can form partnerships at the local level whereby
Participating Local Governments dedicate a portion of their Opioid Settlement
Funds to support city- or community-based work with local stakeholders and
partners within the Approved Uses.
F. Collaboration. The State and Participating Local Governments must collaborate to
promote effective use of Opioid Settlement Funds, including through the sharing of
expertise, training, and technical assistance. They will also coordinate with trusted
partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V. Reporting and Compliance
A. Construction of reporting and compliance provisions. Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on Distribution
and Allocation of Opioid Settlement Funds.
B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup
that includes representatives of the Attorney General’s Office, state stakeholders, and city
and county representatives, who will meet on a regular basis to develop reporting and
compliance recommendations. The Reporting Workgroup must produce a set of reporting
and compliance measures by June 1, 2022. Such reporting and compliance measures will
be effective once approved by representatives of the Attorney General’s Office, the
Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota
Cities that are on the Workgroup.
C. Application of Reporting Addendum and State Law. The requirements of the Reporting
and Compliance Addendum agreed to by the Minnesota Governor’s Office, the Minnesota
Attorney General’s Office, the Association of Minnesota Counties, the League of
Minnesota Cities, and members of the Minnesota Opioid Epidemic Response Advisory
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Council, as well as the requirements of Minnesota Statutes section 256.042,
subdivision 5(d), apply to Local Governments receiving Opioid Settlement Funds under
National Settlement Agreements and Bankruptcy Resolutions within the scope of this
MOA.
VI. Backstop Fund
A. National Attorney Fee Fund. When the National Settlement Agreements provide for the
payment of all or a portion of the attorney fees and costs owed by Litigating Local
Governments to private attorneys specifically retained to file suit in the opioid litigation
(“National Attorney Fee Fund”), the Parties acknowledge that the National Settlement
Agreements may provide for a portion of the attorney fees of Litigating Local
Governments.
B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys (“Counsel”) for Local Governments that filed
opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By
order 3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements
at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund
or from any state backstop fund for attorney fees, but private attorneys for local
governments must waive their contingent fee agreements to receive payment from the
National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be
designed to incentivize private attorneys to waive their right to enforce contingent fee
agreements and instead apply to the National Attorney Fee Fund, with the goals of
achieving greater subdivision participation and higher ultimate payouts to both states and
local governments. Accordingly, in order to seek payment from the Backstop Fund,
Counsel must agree to waive their contingency fee agreements relating to these National
Settlement Agreements and first apply to the National Attorney Fee Fund.
C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the
State Abatement Fund and 75% directly to Local Abatement Funds, and will not include
payments resulting from the Purdue, Mallinckrodt, or Endo Bankruptcies. In the event that
the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund
will be funded by 8.75% of the share of each payment made to the Local Abatement Funds
from the National Settlement Agreements (annual or otherwise), based upon the modified
allocation of 40% directly to the State Abatement Fund and 60% directly to the Local
Abatement Funds, and will not include payments resulting from the Purdue, Mallinckrodt,
or Endo Bankruptcies. In the event that the allocation is modified pursuant to Section II.G.
or Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund
and 75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7%
of the share of each payment made to the Local Abatement Funds from the National
3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio
August 6, 2021).
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Settlement Agreements (annual or otherwise), and will not include payments resulting from
the Purdue, Mallinckrodt, or Endo Bankruptcies.
D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency
Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local
Governments’ share of funds from the National Settlement Agreements. To avoid doubt,
in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement
Agreements’ Contingency Fee Fund.
E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment
from the Backstop Fund in the event that funds received by Counsel from the National
Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that
would be due to Counsel under any contingency fee agreement with a Litigating Local
Government based on any recovery Litigating Local Governments receive from the
National Settlement Agreements. Before seeking any payment from the Backstop Fund,
private attorneys must certify that they first sought fees from the National Settlement
Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the
maximum fees payments awarded to them. Nothing in this Section, or in the terms of this
Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect
to fees that may be recovered under a contingency fee agreement or otherwise from other
past or future settlements, verdicts, or recoveries related to the opioid litigation.
F. Special Master. A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be
selected jointly by the Minnesota Attorney General and the Hennepin County Attorney,
and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug;
or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special master
from the above-listed individuals. If none of the above-listed individuals is available to
serve as the successor special master, then the Minnesota Attorney General and the
Hennepin County Attorney will jointly select a successor special master from a list of
individuals that is agreed upon between the Minnesota Attorney General, the Hennepin
County Attorney, and Counsel.
G. Special Master Determinations. The special master will determine the amount and timing
of any payment to Counsel from the Backstop Fund. The special master shall make one
determination regarding payment of attorney fees to Counsel, which will apply through the
term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be
received by the private attorney’s firm from the National Settlement Agreements’
Contingency Fee Fund relating to Litigating Local Governments; the contingency fee
contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating
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Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal
issues involved in the opioid litigation; work done to directly benefit the Local
Governments within the State of Minnesota; and the principles set forth in the Minnesota
Rules of Professional Conduct, including the reasonable and contingency fee principles of
Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial
fee application about the total amount of fees that Counsel have received or will receive
from the National Attorney Fee Fund related to the Litigating Local Governments.
H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also
provide written submissions to the special master, which may include declarations from
counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product,
proprietary or confidential information, including but not limited to detailed billing or
lodestar records. To the extent that counsel rely upon written submissions to support their
application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
any payment from the Backstop Funds shall be transparent, public, final, and not
appealable.
I. Distribution of Any Excess Funds. To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master
shall distribute any excess amount to Participating Local Governments according to the
percentages set forth in Exhibit B.
J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation
Settlement Agreements’ payments; or (b) until all Counsel for Litigating Local
Governments have either (i) received payments equal to the Backstop Fund Payment Cap
above or (ii) received the full amount determined by the special master; whichever occurs
first.
K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State
Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any
Litigating Local Government’s attorney fees and expenses. Any funds that the State
receives from the National Settlement Agreements as attorney fees and costs or in lieu of
attorney fees and costs, including the Additional Restitution Amounts, will be treated as
State Abatement Funds.
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VII. General Terms
A. Scope of agreement.
1. This MOA applies to the National Settlement Agreements and the Bankruptcy
Resolutions.4
2. This MOA will also apply to future National Settlement Agreements and
Bankruptcy Resolutions with Opioid Supply Chain Participants that include
structural or payment provisions requiring or anticipating the participation of both
the State and its political subdivisions, and allows for the allocation between the
State and its political subdivisions to be set through a state-specific agreement.
3. The Parties acknowledge that this MOA does not excuse any requirements placed
upon them by the terms of the National Settlement Agreements or any Bankruptcy
Resolution, except to the extent those terms allow for a State-Subdivision
Agreement to do so.
B. When MOA takes effect.
1. This MOA shall become effective at the time a sufficient number of Local
Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide Abatement
Agreement under any Bankruptcy Resolution. If this MOA does not thereby
qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this
MOA will have no effect.
2. The Parties may conditionally agree to sign on to the MOA through a letter of intent,
resolution, or similar written statement, declaration, or pronouncement declaring
their intent to sign on to the MOA if the threshold for Party participation in a
specific Settlement is achieved.
C. Dispute resolution.
1. If any Party believes another Party has violated the terms of this MOA, the alleging
Party may seek to enforce the terms of this MOA in Ramsey County District Court,
provided the alleging Party first provides notice to the alleged offending Party of
the alleged violation and a reasonable opportunity to cure the alleged violation.
2. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds has violated any
4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal
Health, McKesson, Janssen, Teva Pharmaceuticals, Allergan plc, CVS Health Corporation,
Walgreens Boots Alliance, Inc., and Walmart Inc., and Bankruptcy Resolutions involving Purdue
Pharma L.P., Mallinckrodt plc, and Endo International plc.
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applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters.
3. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal authorities.
D. Amendments. The Parties agree to make such amendments as necessary to implement the
intent of this MOA.
E. Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to
interpretation or enforcement, is governed by the laws of the State of Minnesota. Any
action related to the provisions of this MOA must be adjudicated by the Ramsey County
District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision.
F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge
and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims as provided in the National Settlement Agreements to
receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge and
agree that based on the terms of the National Settlement Agreements, a Participating Local
Government may receive funds through this MOA only after complying with all
requirements set forth in the National Settlement Agreements to release its claims. This
MOA is not a promise from any Party that any National Settlement Agreements or
Bankruptcy Resolution will be finalized or executed.
G. When MOA is no longer in effect. This MOA is effective until one year after the last date
on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this
MOA will not be deemed to be a waiver of any right or any future rights.
I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein.
J. Signing and execution. This MOA may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement. This MOA
may be executed by facsimile or electronic copy in any image format. Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA
have been performed and that the person signing for such Party has been authorized to
execute the MOA in an official capacity that binds the Party.
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This Amended Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
this ___day of ____________, ______ by:
____________________________________________
Name and Title: _______________________________
On behalf of: _________________________________
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EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not
limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not
exclusive, and fund recipients shall have flexibility to modify their abatement approach as
needed and as new uses are discovered.
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs 5 or strategies that may include, but are not limited to, those that:6
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder
(“MOUD”)7 approved by the U.S. Food and Drug Administration, including by
making capital expenditures to purchase, rehabilitate, or expand facilities that
offer treatment.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric
support, and other treatment and recovery support services.
5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs. Rather,
recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions.
6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a
preference for new or existing programs.
7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-
Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication
for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the
term MOUD is not intended to and shall in no way limit abatement programs or strategies now or
into the future as new strategies and terminology evolve.
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4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for people
with OUD and any co-occurring SUD/MH conditions, including but not limited to
medical detox, referral to treatment, or connections to other services or supports.
8. Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, licensed mental
health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
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14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
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10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”)
programs to reduce the transition from use to disorders, including SBIRT services
to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MOUD, recovery
case management or support services.
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7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
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2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
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E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-
occurring SUD/MH conditions, and the needs of their families, including babies with
neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal
population—or individuals who could become pregnant—who have OUD and
any co-occurring SUD/MH conditions, and other measures to educate and provide
support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for
NOWS babies; expand services for better continuum of care with infant-caregiver
dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5. Provide training to health care providers who work with the perinatal population
and caregivers on best practices for compliance with federal requirements that
children born with NOWS get referred to appropriate services and receive a plan
of safe care.
6. Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
8. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
9. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
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being removed from the home and/or placed in foster care due to custodial opioid
use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
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G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
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workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
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12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Law enforcement expenditures related to the opioid epidemic.
2. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
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4. Provide resources to staff government oversight and management of opioid
abatement programs.
5. Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at
the state, regional, local, nonprofit, and community level to maximize collective
impact.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
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7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M. POST-MORTEM
1. Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2. Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.
3. Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4. Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.
5. Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6. Indigent burial for unclaimed remains resulting from overdose deaths.
7. Navigation-to-care services for individuals with opioid use disorder who are
encountered by the medical examiner’s office as either family and/or social
network members of decedents dying of opioid overdose.
8. Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
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1
EXHIBIT B
Local Abatement Funds Allocation
Subdivision Allocation Percentage
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY 5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY 0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city 0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city 0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY 0.3325325415732%
Burnsville city 0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY 0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY 0.6021779472345%
Duluth city 1.1502115379896%
Eagan city 0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY 0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY 0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
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Subdivision Allocation Percentage
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY 0.3099019273452%
HUBBARD COUNTY 0.4582368775192%
Inver Grove Heights city 0.2193400520297%
ISANTI COUNTY 0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS COUNTY 0.1123105027592%
Lakeville city 0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city 0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY 0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY 0.1562005111775%
NORMAN COUNTY 0.1087596675165%
North St. Paul city 0.0575844069340%
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
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Subdivision Allocation Percentage
PIPESTONE COUNTY 0.1535154503112%
Plymouth city 0.1762541472591%
POLK COUNTY 0.8654291473909%
POPE COUNTY 0.1870129873102%
Proctor city 0.0214374127881%
RAMSEY COUNTY 7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY 0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY 1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
St. Cloud city 0.7330089009029%
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY 2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY 0.1439474275223%
SWIFT COUNTY 0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY 0.0903964133868%
WABASHA COUNTY 0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY 0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY 0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city 0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,MINNESOTA
RESOLUTION 2021-101
RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA)
BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND
AUTHORIZING PARTICIPATION IN NATIONAL OPIOID ,SETTLEMENTS
WHEREAS,the State of Minnesota, Minnesota counties and cities, and their people,
have been harmed by misconduct committed by certain entities that engage in the manufacture,
marketing, promotion, distribution, or dispensing of opioids; and
WHEREAS,the State of Minnesota and numerous Minnesota cities and counties joined
with thousands of local governments across the country to file lawsuits against opioid
manufacturer and pharmaceutical distribution companies and hold those companies accountable
for their misconduct; and
WHEREAS,representatives of local Minnesota governments,the League of Minnesota
Cities,the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the
State of Minnesota, and the Minnesota Attorney General's Office have negotiated and prepared a
Memorandum of Agreement(MOA) to provide for the equitable distribution of proceeds to the
State of Minnesota and to individual local governments from recent settlements in the national
opioid litigation; and
WHEREAS,by signing onto the MOA,the state and local governments maximize
Minnesota's share of opioid settlement funds, demonstrate solidarity in response to the opioid
epidemic, and ensure needed resources reach the most impacted communities; and
WHEREAS, it is in the best interests of the State of Minnesota and the residents of the
City of Mendota Heights, and the County of Dakota County,that the City participate in the
national opioid litigation settlements.
NOW,THEREFORE,be it resolved by the City Council of the City of Mendota
Heights Minnesota:
1. Participation in the opioid litigation settlements promotes the public health,
safety, and welfare of the residents of the City of Mendota Heights.
2. The City of Mendota Heights supports and opts-in to the national opioid litigation
settlements with the Distributors McKesson, Cardinal Health, and Amerisource
Bergen, and with the Manufacturer Johnson& Johnson.
3.The Memorandum of Agreement (MOA) between the State of Minnesota and
Local Governments relating to the distribution of settlement funds is hereby
approved by the City of Mendota Heights.
City Council | Tuesday, April 4, 2023 | Page 78 of 79
4.City Staff is hereby authorized to take such measures as necessary to sign the
MOA and otherwise participate in the national opioid settlements, including
executing the Participation Agreement and accompanying Release.
Adopted by the City Council of the City of Mendota Heights this 21" day of December, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stepp ie Levine,Mayor
ATTEST:
Lorri Smith, City Clerk
Res 2021-101 page 2
City Council | Tuesday, April 4, 2023 | Page 79 of 79