HomeMy WebLinkAbout04-24-2023 City Council PacketEXPANDED AGENDA
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Lyden
AYES: Cavegn, Lyden, Stoesz, Rafferty
ABSENT: Ruhland
CITY COUNCIL AGENDA
Monday, April 24, 2023
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz
City Administrator: Sarah Cotton
COUNCIL WORK SESSION, 6:00 P.M.
Community Room (not televised)
1.Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
➢Call to Order and Roll Call: Councilmembers Lyden, Stoesz, Cavegn and Mayor
Rafferty present. Councilmember Ruhland absent.
➢Pledge of Allegiance
➢Open Mike / Public Comment (in person or received in writing prior to meeting)
➢Setting the Agenda: Addition or deletion of agenda items
PRESENTATION
Oath of Police Service – Police Officer, Isaac Simon
PROCLAMATION
Arbor Day Proclamation
1.CONSENT AGENDA
A)Consider Approval of Expenditures for April 24, 2023 (Check No. 118446
through 118537) in the Amount of $289,863.50
B)Consider Approval of April 3, 2023 Work Session Minutes
C)Consider Approval of April 10, 2023 Council Work Session Minutes
D)Consider Approval of April 10, 2023 Council Meeting Minutes
1) Motion to: Approve Consent Agenda as presented
Council Agenda -2- April 24, 2023
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Cavegn
AYES: Lyden Cavegn, Stoesz, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Cavegn, Stoesz, Lyden, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Cavegn
AYES: Lyden, Cavegn, Stoesz, Rafferty
ABSENT: Ruhland
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider Resolution No. 23-34, Approving the 2023-2024 Labor Agreement with
AFSCME, Local No. 2454, Sarah Cotton
1) Motion to: Approve Resolution 23-34
B) Consider Resolution No. 23-35 and 23-36, Establishing the 2023 & 2024
Compensation Plans for Non-Union Employees, Sarah Cotton
1) Motion to: Approve Resolution 23-35 and Resolution 23-36
C) Consider Approval of Resolution No. 23-38, Opioid Settlements and Minnesota
Opioids State-Subdivision Memorandum of Agreement, Sarah Cotton
1) Motion to: Approve Resolution 23-38
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Approval of the Sale of Vehicle #605 Fire Division Grass #1, John
Swenson
1) Motion to: Approve the Sale of Vehicle #605 Fire Division Grass #1
Council Agenda -3-April 24, 2023
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Lyden
AYES: Cavegn, Lyden, Stoesz, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Cavegn, Stoesz, Lyden, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Cavegn
AYES: Lyden, Cavegn, Stoesz, Rafferty
ABSENT: Ruhland
B)Consider Approval of Lease Renewal for Allina Ambulance use of Fire Station
#1, John Swenson
1)Motion to: Approve Lease Renewal for Allina Ambulance use of Fire
Station #1:
5.PUBLIC SERVICES DEPARTMENT REPORT
No report
6.COMMUNITY DEVELOPMENT REPORT
A)Consider Approval of Resolution 23-37, Accepting Quotes and Awarding
Contract, 2023 Spring Boulevard Tree Planting, Andy Nelson
1) Motion to: Approve Resolution 23-37
7.UNFINISHED BUSINESS
None
8.NEW BUSINESS
None
Adjournment
A)Motion to Adjourn
Meeting Adjourned at 6:50 PM.
Council Agenda -4- April 24, 2023
Community Calendar – A Look Ahead
April 24, 2023 through May 8, 2023
Wednesday, April 26 6:30 pm, Council Chambers Environmental Board
Monday, May 1 6:00 pm, Community Room Council Work Session
Wednesday, May 3 6:30 pm, Council Chambers Park Board
Thursday, May 4 8:00 am, Community Room EDAC
Monday, May 8 5:30 pm, Council Chambers Local Board of Appeal
Monday, May 8 6:00 pm, Community Room Council Work Session
Monday, May 8 6:30 pm, Council Chambers City Council Meeting
Council Agenda -2-April 24, 2023
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Cavegn
AYES: Lyden Cavegn, Stoesz, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Cavegn
SECONDER: Stoesz
AYES: Cavegn, Stoesz, Lyden, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Stoesz
AYES: Lyden, Stoesz, Cavegn, Rafferty
ABSENT: Ruhland
RESULT: CARRIED [UNANIMOUS]
MOVER: Lyden
SECONDER: Cavegn
AYES: Lyden, Cavegn, Stoesz, Rafferty
ABSENT: Ruhland
2.FINANCE DEPARTMENT REPORT
No report
3.ADMINISTRATION DEPARTMENT REPORT
A)Consider Resolution No. 23-34, Approving the 2023-2024 Labor Agreement with
AFSCME, Local No. 2454, Sarah Cotton
1) Motion to: Approve Resolution 23-34
B)Consider Resolution No. 23-35 and 23-36, Establishing the 2023 & 2024
Compensation Plans for Non-Union Employees, Sarah Cotton
1) Motion to: Approve Resolution 23-35 and Resolution 23-36
C)Consider Approval of Resolution No. 23-38, Opioid Settlements and Minnesota
Opioids State-Subdivision Memorandum of Agreement, Sarah Cotton
1) Motion to: Approve Resolution 23-38
4.PUBLIC SAFETY DEPARTMENT REPORT
A)Consider Approval of the Sale of Vehicle #605 Fire Division Grass #1, John
Swenson
1)Motion to: Approve the Sale of Vehicle #605 Fire Division Grass #1
PROCLAMATION
ARBOR DAY - TREE CITY USA
WHEREAS, Arbor Day provides an opportunity to celebrate the importance of trees and forests to our economy, culture, history, and future of the state; and
WHEREAS, Trees are of great value as they provide clean air and water, shade and
energy savings, wildlife habitat, recreational opportunities, wood products, and jobs, while also capturing and storing carbon from the atmosphere, thereby offsetting greenhouse gas emissions; and
WHEREAS, Properly planting and caring for a diverse mix of trees makes community
forests more resilient by minimizing the impacts of diseases, insects, and other stressors and providing long-term community environmental benefits; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees now
supports resilient communities into the future.
NOW THEREFORE, I, Rob Rafferty, Mayor of the City of Lino Lakes, do hereby proclaim
Friday, April 28th, 2023 as Arbor Day in the City of Lino Lakes.
Dated the 24rd day of April, 2023
_______________________________
Rob Rafferty, Mayor
__________________________________ Attest: Jolleen Chaika, City Clerk
+
Expenditures
April 24, 2023
Check #118446 to #118537
$289,863.50
Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting April 24, 2023 Transfer In/(Out)
4/4/2023 H.S.A. Employer Contribution (6,041.51)
4/11/2023 H.S.A. Employer Contribution (83.33)
4/12/2023 Transfer from FRB Money Market 100,000.00
4/14/2023 Payroll #08 (189,801.41)
4/14/2023 Payroll #08 Federal Deposit (53,690.51)
4/14/2023 Payroll #08 PERA (54,492.27)
4/14/2023 Payroll #08 State (11,567.13)
4/14/2023 Payroll #08 Child Support (856.06)
4/14/2023 Payroll #08 H.S.A. Bank Pretax (2,601.19)
4/14/2023 Payroll #08 TASC Pretax (1,346.75)
4/14/2023 Payroll #08 Mission Sq 457 Def. Comp #301596 (2,570.00)
4/14/2023 Payroll #08 Missin Sq Roth IRA #706155 (825.00)
4/14/2023 Payroll #08 MSRS HCSP #98946-01 (4,930.26)
4/14/2023 Payroll #08 MSRS Def. Comp #98945-01 (3,526.00)
4/14/2023 Payroll #08 MSRS Roth IRA #98945-01 (705.00)
4/17/2023 Building Permit Surcharge (3,212.51)
4/19/2023 Payroll ACH Return Chaika 795.00
4/20/2023 Payroll ACH Resent Chaika (795.00)
4/20/2023 Sales & Use Tax (5,238.00)
CITY COUNCIL WORK SESSION DRAFT
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LINO LAKES CITY COUNCIL 1 WORK SESSION 2
MINUTES 3 4 DATE : April 3, 2023 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 8:44 p.m. 7
MEMBERS PRESENT : Councilmembers Stoesz, Lyden, Ruhland, Cavegn, 8 Mayor Rafferty 9 MEMBERS ABSENT : None. 10
Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; 11 Community Development Director Michael Grochala; Rookery Building Maintenance Mike 12
Rowe; City Planner Katie Larsen; Environmental Coordinator Andrew Nelson; Public Services 13
Director Rick DeGardner; City Clerk Jolleen Chaika; Deputy Director of Fire Dan L’Allier; 14 Public Works Superintendent Justin Williams. 15 16 1. Sale of Grass #1 17
Deputy Director of Fire L’Allier gave a summary of the written staff report noting this is in 18
regards to a 1994 Chevy S10 received in 2015 or 2016. The truck has served the City well, has 19 low miles, and has lasted 30 years. He noted with the addition of the Utility Task Vehicle (UTV) 20 received through donation, there is not a lot of need for the Chevy S10 truck. He suggested 21 leaving the equipment on the truck and selling to another municipality or fire department. 22
23
Administrator Cotton clarified that, statutorily, the City must sell the truck at public auction 24 rather than private sale. The Councilmembers discussed the value of the truck in 2015 versus the 25 value today and the logistics of stripping the equipment off the truck or leaving the equipment 26 as-is. Mayor Rafferty is open to the idea of selling the vehicle but would like to start at a higher 27
range of $15,000 or so and then come down from there. Council directed Public Safety to move 28
forward with the sale of Grass #1 with a starting sale price of $15,000. 29 30 2. Watermark PUD Concept Plan-Amendment #4 31 City Planner Larsen reviewed a PowerPoint presentation, noting that Lennar is proposing 32
amendment #4 to the overall land-use plan for Watermark; that the Planning and Zoning Board 33
reviewed this proposed amendment in March and indicated support for Concept A as presented 34 in the staff report and that Lennar is generally in favor of the same. She introduced Lennar 35 representative Josh Metzer and shared that Lennar is looking at changes due to the housing 36 market demand such as different housing products and lot sizes and that there will not be 37
changes to architectural design standards or total housing units. Lennar is currently requesting 38
the City Council’s feedback. 39 40 Council discussed concerns related to townhomes versus single family homes as well as a noted 41 preference for the original concept which is currently in place. 42
43
Mr. Metzer clarified for Council that the market is not supporting villas right now and that if the 44 original plan is maintained with 161 villas, there could be issues with selling the properties. Mr. 45
CITY COUNCIL WORK SESSION DRAFT
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Metzer said they are putting hundreds of thousands of dollars in trying to make this change 46 because they do not think the original plan will work. 47
48
Further discussion was held on the market, various housing types versus villas, lot sizes, and 49 prices per unit, and Council’s preference for elimination of the townhomes in exchange for 50 single family homes on 50-60 foot lots in place of the proposed 12-14 acres of green space in 51 Concepts A and B. 52
53
City Planner Larsen summarized the discussion noting the townhomes do not have traction, 54 however the layout of the development will look and feel the same with single-family homes. 55 There would be support to incorporate 50, 55, and 60 foot lots. 56 57
Council provided direction for Mr. Metzer and Lennar Homes to visit a plan with 50, 55, and 60 58
foot lots for single family homes. 59 60 3. Environmental Board Annual Work Plan 61 Environmental Coordinator Andy Nelson presented the Enviromental Board Annual Work Plan 62
and the list of initiatives on current environmental issues, including: Forestry, natural resources, 63
water, and solid waste management. He requested direction from Council on acceptance or 64 modification to the work plan for 2023. 65 66 Mayor Rafferty asked about the yearly program on the island. Environmental Coordinator 67
Nelson replied there are two lists and the work plan before the Council relates to current issues 68
the City is facing this year; the second list, where the island is contained, is an ongoing task list. 69 70 Councilmember Stoesz commented on the importance of the Environmental Board’s role and 71 staff’s role. He also asked that natural resources be highlighted as item number one in the 72
document. Environmental Coordinator Nelson noted they are planning to review the landscape 73
ordinance with the Board and he noted some of the items on the list are clearly stated in the 74 duties of the Board. 75 76 Council stated acceptance of the report as presented. 77
78 4. Rookery Ductwork Cleaning 79 Mike Rowe, Rookery Building Maintenance Director, gave an overview of the written Staff 80 report and noted the Rookery was constructed in 2007 and based on information reviewed and 81 comments from the bids accepted, the ductwork has never been cleaned. He noted two quotes 82
were obtained and proposed engaging KMS Air Duct Cleaning to clean all ductwork, exhaust 83
fans, and exhaust ductwork at the Rookery for $15,211.75. He noted this cleaning should be 84 done every two to four years and shared about routine filter changing and ongoing maintenance 85 in the building. 86 87
Mayor Rafferty commented the health and wellbeing of everyone is important; Council agreed to 88
move forward with the cleaning of the ductwork. 89 90 5. Balancing Air Handlers in the Civic Complex 91
CITY COUNCIL WORK SESSION DRAFT
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Public Works Superintendent Justin Williams gave a summary of the written staff report noting 92 the Civic Complex and modifications over the years have caused air handlers to be out of 93
balance. He requested Council approval of the quote from NAC in the amount of $21,950.00 to 94
balance the four air handlers at the Civic Complex. The funding source is the Building and 95 Facilities Fund; Administrator Cotton provided background on the fund and noted the primary 96 source of revenue is from cell towers on the City’s water towers; the City collects a lease 97 payment, which goes into the fund to improve buildings over the years. 98
99
Superintendent Williams responded to a question from Councilmember Stoesz about quotes and 100 clarified that NAC has the market on this work so no additional quotes were obtained. 101 102 Council approved the quote from NAC. 103
104
105 6. 2023 Public Works Truck Purchase 106 Public Works Superintendent Justin Williams reviewed his written staff report and noted that the 107 adopted 2022 budget included $65,000 to purchase a Ford F-350 with dump box for the Parks 108
Department maintenance position that was created; due to cost increases, the purchase of this 109
truck was set aside. He stated the adopted 2023 budget included $87,000 to replace Unit #214 110 and Public Works has proposed using a portion of the unspent 2022 allocated funds to offset the 111 2023 purchase which is currently projected at $94,958. 112 113
Mayor Rafferty inquired of the forgone work truck for the parks position. Superintendent 114
Williams stated with the significant, unanticipated cost issues, the City can forgo the truck 115 purchase for the foreseeable future as it is the responsible thing to do. 116 117 Superintendent Williams responded to an inquiry from Councilmember Ruhland regarding using 118
the aforementioned S10 from Public Safety. Superintendent Williams noted that he does not 119
think that sized truck would be very useful in the fleet as they could not put a substantial plow on 120 it. 121 122 Council and Administrator Cotton voiced appreciation for Superintendent Williams’ work in 123
reviewing the fleet integrity and determining what is really needed for the fleet to meet public 124
needs. Administrator Cotton stated Superintendent Williams is being very conservative in his 125 fiscal approach in funding this equipment while getting creative to meet the City’s needs. 126 127 Council expressed support for the purchase of the 2023 fleet truck with funds from 2022 to cover 128
any offset costs. 129 130 7. Public Works Building Design Process 131 Community Development Director Michael Grochala reviewed his staff report noting the 132 existing Public Works building was built in 1971 and over the past 10 years, the City has been 133
evaluating the construction of a new building. The five-year financial plan, included the 134
possibility of constructing the building in 2026 with $350,000 allocated from the Building and 135 Facilities fund for design expenses in 2023. He requested City Council direction regarding the 136 preferred process for selection of an architectural services for design. 137
CITY COUNCIL WORK SESSION DRAFT
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138 Mayor Rafferty asked Finance Director Hannah Lynch to share how the building and design 139
process fall in line with the five-year plan. Finance Director Lynch discussed multiple funding 140
sources assumed in the five-year plan for the Public Works facility which would ensure the cash 141 flow supports the debt service on this facility. Mayor Rafferty noted everything the City is trying 142 to do is to protect their interest rate. Finance Director. Finance Director Lynch confirmed. 143 144
Further discussion was held on the site of a new Public Works building. 145
146 Councilmember Stoesz spoke about the water/sewer issue at the current location and asked if the 147 architect will help in site selection. Mr. Grochala did not anticipate any new site selection as the 148 previous round focused back on utilizing the existing Public Works site and extending 149
sewer/water or outside facilities. 150
151 Councilmember Ruhland asked if there is opportunity for County leasing of space for storage of 152 plows or extra equipment. Director Grochala noted it is something the City can explore and 153 incorporate into the design process. 154
155
Councilmember Lyden inquired of the anticipated price point. Finance Director Lynch stated that 156 many assumptions were built in to the five-year plan and explained the cost is anticipated at 157 approximately $11,200,000 between multiple funding sources; she further noted that would have 158 no tax impact though if costs come in higher the City may need to explore what tax levy would 159
need to support this debt service. 160 161 Mayor Rafferty stated he would like to see this project move forward but noted concerns with the 162 site. Director Grochala spoke about the evaluation of two sites, noting the City is somewhat 163 limited due to space and location. 164
165
Mayor Rafferty would like to work with land the City currently owns. 166 167 Councilmember Stoesz commented he would appreciate creative thinking and perhaps consider 168 utilization of space in the the administrative building rather than creating a new site, as that 169
would be the best use of taxpayer money. 170
171 Mayor Rafferty thinks a public works facility is a standalone facility and those that work in the 172 facility must be able to move in and out. He does not see that public work fits in at the City Hall 173 location. He noted the importance of public works telling the architects what they need rather 174
than the other way around. 175
176 Administrator Cotton explained the RFP (Request for Proposal) process noting the City could 177 put that out and receive bids from different architectural firm. 178 179
Mayor Rafferty would like to move forward with finding 3-4 architectural firms and going 180
through an interview process with those that have experience with public works. Director 181 Grochala replied Staff can come back with some firms they would like to bring in and rough out 182 the scope of services. 183
CITY COUNCIL WORK SESSION DRAFT
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184 8. Housing Maintenance Assistance Program - Community Development Director Grochala 185
gave a summary of the written Staff report noting in 2004 the City received $225,000 from the 186
Metropolitan Council Local Housing Incentives Account (LHIA) to assist with development of 187 work force housing in the Legacy at Woods Edge development. The funding was provided to the 188 developer in the form of a no-interest loan for construction of the Lakewood Apartment building. 189 It was intended to be forgiven but part of their financing required it be paid back; when the 190
facility was sold in 2022 the loan was repaid in full so the City received $225,000 back. Under 191
the terms of the LHIA agreement, the City can return the money to Metropolitan Council, or use 192 the grant funds on a “revolving” basis to implement projects that would help the City meet its 193 affordable and life-cycle housing goals, which is what Staff is recommending. He stated the 194 proposal is similar to Blaine’s Front Door program that aims to enhance curb appeal of a home, 195
and would be a low interest loan with funding up to 85% of project cost to a maximum of 196
$10,000. The revolving loan would continue to benefit the community. 197 198 Councilmember Lyden thinks it is a fabulous idea and asks that the interest rate is as low as 199 possible. 200
201
Councilmember Stoesz asked if it would simplify things to pick one product, such as a driveway, 202 to be an incentive. Mr. Grochala thinks a driveway is part of curb appeal and is important. He 203 noted it could be an option but does not know whether the City should only focus on one option. 204 He shared about criteria for the loan including assessed value of the home and homes that are 205
over 30 years old. 206
207 Councilmember Ruhland has 20 years of experience in working with down payment assistance 208 programs and would love to consult on this in the future. He asked if the program is only for 209 owner-occupied homes? Director Grochala replied the Economic Development Advisory 210
Committee (EDAC) was specific about owner-occupied, single-family homes. 211
212 The Council discussed EDAC’s role and Councilmember Ruhland working with them on the 213 matter. 214 215
9. 2024-2028 Street Reconstruction Plan Process - Community Development Director 216
Grochala gave a summary of the written Staff Report, reviewing the City’s pavement 217 management plan and noted every three years the City tries to do a street reconstruction project. 218 In order to do street reconstruction bonds the City must put a five-year plan together, hold a 219 public hearing, and it is subject to a reverse referendum project. He reviewed streets included in 220
the 2024 plan as well as the 2027 plan, 221
222 Councilmember Stoesz asked about Anoka County’s plan to improve the intersection by North 223 Road and Sunset with the high school congestion. Director Grochala noted Anoka County is 224 currently doing a corridor management study and once they get those results they will probably 225
start programming for improvements along the corridor. 226
227 Mayor Rafferty noted Lakeview is problematic and noted Public Works is doing a lot to meet the 228 needs of the public over there. He appreciates Staff’s efforts. 229
CITY COUNCIL WORK SESSION DRAFT
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230 Director Grochala noted staff will start the process of drawing up the five-year reconstruction 231
plan. 232 233 10. Council Updates on Boards/Commissions, City Council 234 235 Administrator Cotton inquired if Council was open to a joint meeting with the Planning and 236
Zoning Board and City Council on April 12, 2023. Council agreed and will attend a joint 237
meeting on April 12, 2023 at 6:00 PM in the Community Room at City Hall. 238 239 The work session was adjourned at 8:44 p.m. 240 241
These minutes were considered, corrected and approved at the regular Council meeting held on 242
April 24, 2023. 243 244 245 246
247
Jolleen Chaika, City Clerk Rob Rafferty, Mayor 248 249
CITY COUNCIL WORK SESSION DRAFT
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LINO LAKES CITY COUNCIL 1 WORK SESSION 2
MINUTES 3 4 DATE : April 10, 2023 5 TIME STARTED : 6:00 p.m. 6 TIME ENDED : 6:14 p.m. 7
MEMBERS PRESENT : Councilmember Stoesz, Lyden, Ruhland, Cavegn, 8 Mayor Rafferty 9 MEMBERS ABSENT : None. 10
Staff members present: City Administrator Sarah Cotton; Public Services Director Rick 11 DeGardner; Community Development Director Michael Grochala; City Engineer Diane Hankee; 12
Director of Public Safety John Swenson; City Clerk Jolleen Chaika. 13
1. Review Regular Agenda 14 15 Regular Agenda – 16 17
Item 3A, Consider Appointment of Custodial Worker 18
Public Services Director Rick DeGardner noted the intent is to have two people working 20 and 19 25 hours per week. He shared about the substantial savings of $36,000 in 2024 by going this 20 route after equipment purchases versus the previous expenditure to pay for contract services. He 21 confirmed for council that these part-time positions are not eligible for medical benefits. 22
23 Item 6A, Pheasant Run Reconstruction Project 24 City Engineer Diane Hankee noted eight bids were received on the project with the low bid 25 coming from A-1 Excavating at approximately $886,000. Mayor Rafferty asked if the City has 26 worked with A-1 in the past. Ms. Hankee confirmed, noting A-1 is currently working on the 27
Watermark project. 28
29 Councilmember Cavegn asked of the budget for this project. Engineer Hankee replied the 30 engineer’s budget estimate was over $900,000 and the overall budget, with soft costs and 31 contingency, was $1,200,000. 32
33
Councilmember Stoesz asked of the $65,000 designated for WSB and the hourly rate. Engineer 34 Hankee noted it varies due to multiple staff involved but most of the cost is for on-site 35 inspections and daily review of the contractor’s work as well as resident communication. 36 37
Item 6B, Consider Approval of Resolution 23-33, Lowering the School Zone Speed Limit 38 on Elm Street 39 City Engineer Hankee explained that the city was contacted by ISD 12 with a request to evaluate 40 evaluating the current school zone speed limit on Elm Street. In review of this request, the City 41 found that the speed limit zone was set higher than it could be and that current state statute 42
allows the City to lower the speed limit. Mayor Rafferty clarified it is during school hours only 43
and Engineer Hankee further clarified that it is when children are present including drop-off and 44
CITY COUNCIL WORK SESSION DRAFT
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pickup times as well as during recess. The Council discussed school speed zones throughout the 45 city and noted traffic circles have helped with the flow of traffic into and out of schools. 46
47
The work session was adjourned at 6:14 p.m. 48 49 These minutes were considered, corrected and approved at the regular Council meeting held on 50 April 24, 2023. 51
52
53 54 55 Jolleen Chaika, City Clerk Rob Rafferty, Mayor 56
COUNCIL MINUTES DRAFT
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1 LINO LAKES CITY COUNCIL 2
REGULAR MEETING 3 MINUTES 4 5 6 DATE : April 10, 2023 7
TIME STARTED : 6:30 p.m. 8 TIME ENDED : 6:48 p.m. 9 MEMBERS PRESENT : Councilmember Stoesz, Lyden, Ruhland, Cavegn, 10 Mayor Rafferty 11 MEMBERS ABSENT : None. 12
Staff members present: City Administrator Sarah Cotton; Public Services Director Rick 13
DeGardner; Community Development Director Michael Grochala; City Engineer Diane Hankee; 14 Director of Public Safety John Swenson; City Clerk Jolleen Chaika. 15 16 PUBLIC COMMENT 17
There were no public comments. 18 19 SETTING THE AGENDA 20 The agenda was approved as presented. 21 22
SPECIAL PRESENTATION 23
Oath of Police Service: Police Officer Zach Beddow 24 25 Public Safety Director Swenson asked for a moment of silence for officers Emily Breidenbach and 26 Hunter Scheel who were killed during a traffic stop in Wisconsin. After the moment of silence, Mr. 27
Swenson noted he is honored to introduce Officer Beddow to the community and shared the 28
officer’s history and background. 29 30 Mayor Rafferty led Officer Zach Beddow in the Oath of Police Service. 31 32
CONSENT AGENDA 33
Councilmember Ruhland moved to approve the Consent Agenda, Items 1A through 1C as 34 presented. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 35 36 ITEM ACTION 37
Consideration of Expenditures: 38
A) Consider Approval of Expenditures for April 10, 2023 39 (Check No. 118353 through 118445) in the Amount of 40 $445,239.45 Approved 41 B) Consider Approval of March 27, 2023 Work Session Minutes Approved 42
C) Consider Approval of March 27,, 2023 Council Minutes Approved 43 44 FINANCE DEPARTMENT REPORT 45 There was no report. 46 47
48
COUNCIL MINUTES DRAFT
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ADMINISTRATION DEPARTMENT REPORT 49 3A) Consider Appointment of Custodial Worker 50
Public Services Director DeGardner gave a summary of the written Staff Report noting Staff has 51
completed the recruitment process, provided a conditional offer, and is recommending approval of 52 Alana Petrucci for the part-time position. The hourly rate is $23/hour. 53 54 Councilmember Ruhland moved to approve the appointment of Alana Petrucci as recommended. 55
Councilmember Lyden seconded the motion. Motion carried on a voice vote with five (5) ayes and 56
zero (0) nays. 57 58 PUBLIC SAFETY DEPARTMENT REPORT 59 There was no report from the Public Safety Department. 60
61 PUBLIC SERVICES DEPARTMENT REPORT 62 There was no report from the Public Services Department. 63 64 COMMUNITY DEVELOPMENT REPORT 65
6A) Pheasant Run Reconstruction Project 66
City Engineer Hankee gave a summary of the written Staff Report noting the project includes a 67 cul-de-sac reconstruction with sewer and water and an upgrade to a segment of storm sewer. 68 Eight (8) bids were received with the low bidder being A-1 Excavating in the amount of 69 $886,886, less than the engineer’s estimate of $936,000 and less than the overall budget 70
including soft costs and contingencies at $1,200,000. WSB and Associates has submitted a 71
proposal for construction services for $64,900. 72 73 i) Consider Approval of Resolution No. 23-22, Accepting Bids, Awarding a Construction 74 Contract 75
76
Councilmember Cavegn moved to approve Resolution No. 23-22 as presented. 77 Councilmember Ruhland seconded the motion. Motion carried on a voice vote with five (5) 78 ayes and zero (0) nays. 79 80
ii) Consider Approval of Resolution No. 23-23, Approving Construction Services 81 Contract with WSB & Associates 82 83 Councilmember Cavegn moved to approve Resolution No. 23-23 as presented. 84 Councilmember Ruhland seconded the motion. Motion carried on a voice vote with five (5) 85
ayes and zero (0) nays. 86 87 88 6B) Consider Approval of Resolution 23-33, Lowering the School Zone Speed Limit 89 on Elm Street 90
91
City Engineer Hankee provided a summary of her staff report, noting the City was contacted 92 by a representative of ISD 12 about an existing school zone of 30 mph from Snow Owl to 93 Lake Drive. As part of MNDOT traffic regulations and Statute, the City is allowed to lower 94 that speed limit to 20 mph. Staff recommended the change from 30 mph to 20 mph when 95
children are present including ingress, egress, and at recess time. 96 97
COUNCIL MINUTES DRAFT
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Councilmember Lyden moved to approve Resolution No. 23-33 as presented. Councilmember 98 Stoesz seconded the motion. Motion carried on a voice vote with five (5) ayes and zero (0) 99
nays. 100
101 UNFINISHED BUSINESS 102 There was no Unfinished Business. 103 104
NEW BUSINESS 105
Prior to adjournment, at 6:42 PM, Mayor Rafferty recognized Mr. Jeff Johnson, 6965 Sunrise Drive, 106 for public comment. Mr. Johnson inquired about a reference to a $100,000 water project that he 107 read about in the Quad Press and asked what the spending was about and said that six months prior 108 the City was working to get rid of the water in the area but now seem to be looking at keeping it. He 109
inquired if the two projects are going hand-in-hand. 110
111 Mayor Rafferty noted generally public comment is to make comments and the City may not have 112 information at the time of comment. 113 114
Community Development Director Grochala provided clarification that the money referenced by 115
Mr. Johnson is a grant from the State, and was not City dollars. He noted the City is doing a study 116 on Lakeview for stormwater collecting due to flooding in the area. The grant dollars have to do with 117 drinking water and reducing reliance on pumping from aquifers. 118 119
Mr. Johnson shared he has a well and wonders if the water flows away and there is too much 120
coming out of the aquifers, will they run out of water. 121 122 Mayor Rafferty noted this is a continued effort at conservation and that is what the City is trying to 123 do. 124
125 COMMUNITY EVENTS 126 There were no events announced. 127 128 COMMUNITY CALENDAR 129
130
Community Calendar – A Look Ahead 131 April 12, 2023 through April 24, 2023 132 Wednesday, April 12 6:00 pm, Community Room Joint CCP, P&Z Work Session 133 Monday, April 24 6:00 pm, Council Chambers Council Work Session 134 Monday, April 24 6:30 pm, Council Chambers City Council Meeting 135
136 ADJOURN 137 138 There being no further business, Councilmember Ruhland moved to adjourn at 6:48 p.m. 139
Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 140 141 Following adjournment of the regular meeting, the Council reconvened in a Special Closed Meeting 142 to discuss offers for the purchase of real property. 143 144
145 146
COUNCIL MINUTES DRAFT
4
147 148
These minutes were considered and approved at the regular Council Meeting on April 24, 2023. 149
150 151 152 Jolleen Chaika, City Clerk Rob Rafferty, Mayor 153
CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: April 24, 2023
TOPIC: 2023-2024 Labor Agreement with AFSCME, Local No. 2454
VOTE REQUIRED: 3/5
INTRODUCTION The City Council is being asked to consider Resolution 23-34, Approving the 2023-2024 Labor Agreement between the City of Lino Lakes and AFSCME, Local No. 2454.
BACKGROUND A tentative agreement has been reached for a two-year contract with AFSCME, Local No. 2454. The tentative agreement was reached after four meetings and the union members voted in favor of the following terms:
1. WAGES/CLASSIFICATIONS: a) 3% general wage increase, plus 0.75% market adjustment effective January 1, 2023 b) 3% general wage increase, plus 0.75% market adjustment effective January 1,
2024
c) Wage Grid will reflect a “Minimum Rate” of pay vs a “Starting Rate” of pay d) The following job titles will be added to the Wage Grade/Grid: Communications Specialist, Activity Center Coordinator, and Aquatics Supervisor
2. INSURANCE:
Article 16.1 (Health Insurance and H.S.A.) revised to read:
a) Effective January 1, 2023, Employer will contribute $588.64 toward the monthly single premium and $1,212.98 toward the monthly family premium. b) Effective January 1, 2024, Employer will contribute 100% of the base single plan
and $1,212.98 plus 50% of the 2024 premium increase toward the family plan.
c) The Employer’s contributions toward the Health Savings Account and the cash option for waiving coverage remain the same. 3. HOLIDAYS: Article 6.1 was revised to remove unnecessary language. Article 6.1 will
read “Employees shall be eligible for holiday pay provided they are on paid status on the
day before and the day after the holiday. 4. MISCELLANEOUS LEAVES: Create an independent article for Funeral Leave and Jury Duty (contract clean-up item).
5. UNIFORMS: Article 18.2 revised to include the requirement of an itemized receipt for
all reimbursements. 6. PERSONAL TIME-OFF (PTO): Create and new article for PTO and cross reference Section 6.18 of the City of Lino Lakes Personnel Policy (Included as an Appendix to the
Collective Bargaining Agreement (CBA)). All AFSCME Employees hired after on or
after January 1, 2021 will have PTO as covered by Section 6.18 of the City of Lino Lakes Personnel Policy. In the previous CBA, PTO was provided through a MOU. 7. M.O.U REGARDING JUNETEENTH: The Union and City have agreed to meet and
confer regarding the Juneteenth Holiday and the impact of recent and proposed state
legislation. RECOMMENDATION
Staff recommends approval of Resolution No. 23-34, Approving the 2023-2024 Labor
Agreement between the City of Lino Lakes and AFSCME, Local No. 2454. ATTACHMENTS Resolution No. 23-34
CITY OF LINO LAKES RESOLUTION NO. 23-34
APPROVING THE 2023-2024 LABOR AGREEMENT BETWEEN THE CITY OF LINO LAKES AND AFSCME, LOCAL NO. 2454 WHEREAS, the City of Lino Lakes and the American Federation of State, County, and
Municipal Employees, Local No. 2454, have reached an agreement for 2023-2024;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes approve the terms of the labor agreement, as follows:
1. WAGES/CLASSIFICATIONS: a) 3% general wage increase, plus 0.75% market adjustment effective January 1, 2023 b) 3% general wage increase, plus 0.75% market adjustment effective January 1, 2024 c) Wage Grid will reflect a “Minimum Rate” of pay vs a “Starting Rate” of pay
d) The following job titles will be added to the Wage Grade/Grid: Communications
Specialist, Activity Center Coordinator, and Aquatics Supervisor 2. INSURANCE: Article 16.1 (Health Insurance and H.S.A.) revised to read:
a) Effective January 1, 2023, Employer will contribute $588.64 toward the monthly
single premium and $1,212.98 toward the monthly family premium.
b) Effective January 1, 2024, Employer will contribute 100% of the base single plan and $1,212.98 plus 50% of the 2024 premium increase toward the family plan. c) The Employer’s contributions toward the Health Savings Account and the cash
option for waiving coverage remain the same.
3. HOLIDAYS: Article 6.1 was revised to remove unnecessary language. Article 6.1 will read “Employees shall be eligible for holiday pay provided they are on paid status on the day before and the day after the holiday.
4. MISCELLANEOUS LEAVES: Create an independent article for Funeral Leave and Jury Duty (contract clean-up item). 5. UNIFORMS: Article 18.2 revised to include the requirement of an itemized receipt for all
reimbursements.
6. PERSONAL TIME-OFF (PTO): Create and new article for PTO and cross reference Section 6.18 of the City of Lino Lakes Personnel Policy (Included as an Appendix to the Collective Bargaining Agreement (CBA)). All AFSCME Employees hired after on or after
January 1, 2021 will have PTO as covered by Section 6.18 of the City of Lino Lakes
Personnel Policy. In the previous CBA, PTO was provided through a MOU. 7. M.O.U REGARDING JUNETEENTH: The Union and City have agreed to meet and confer regarding the Juneteenth Holiday and the impact of recent and proposed state
legislation.
Adopted by the Council of the City of Lino Lakes this 24th day of April 2023. The motion for the adoption of the foregoing resolution was introduced by Council Member _____________and was duly seconded by Council Member ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Rob Rafferty, Mayor ATTEST:
_____________________________________
Jolleen Chaika, City Clerk
CITY COUNCIL
AGENDA ITEM 3B
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: April 24, 2023
TOPIC: 2023 & 2024 Non-Union Compensation Plans
VOTE REQUIRED: 3/5 INTRODUCTION
The City Council is being asked to consider Resolution No. 23-35 and 23-36, Establishing the
2023 and 2024 Compensation Plans for Non-Union Employees. BACKGROUND
Section 207.04 of the Code of Ordinances requires the City Administrator to establish and maintain
a compensation plan for all positions in the City, which is to be reviewed and approved by the City Council.
The 2023 compensation plan includes a 3% general wage increase plus a .75% market adjustment,
which would be retroactive to January 1, 2023.
The 2024 compensation plan includes a 3% general wage increase plus a .75% market adjustment, which would be effective January 1, 2024.
The salary adjustments are consistent with the LELS (Local 260), LELS (Local 299), AFL-CIO (Local 49) union contracts that were previously considered and approved by the Council, as well as the AFSCME (Local 2454) contract that is being considered for approval by the Council at the April 24th meeting.
The 2023 adopted budget includes resources sufficient to cover the 3% wage adjustment plus a .75%
market adjustment. RECOMMENDATION
Approve Resolution No. 23-35 and 23-36, Establishing the 2023 and 2024 Compensation Plans for
Non-Union Employees effective January 1, 2023 and January 1, 2024, respectively. ATTACHMENTS Resolution No. 23-35 Resolution No. 23-36
CITY OF LINO LAKES
RESOLUTION NO. 23-35 ESTABLISHING THE 2023 COMPENSATION PLAN FOR NON-UNION EMPLOYEES
WHEREAS, Section 207.04 of the Code of Ordinances requires the City Administrator to
establish and maintain a compensation plan for all positions in the City, which is to be reviewed and approved by the City Council; and WHEREAS, this plan is in compliance with Minnesota Statutes Chapter 471, which is referred
to as the Pay Equity Law; and
WHEREAS, the compensation plan includes a 3% general wage increase plus a .75% market adjustment, effective January 1, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that
the following salary schedule be adopted:
Position Grade Starting Rate Step-1 Step-2 Step-3 Step-4 Step-5 Step-6 Step-7 Step-8 Step-9
Firefighter (PT) 110 $19.36 $19.89 $20.44 $21.00 $21.58 $22.17 $22.78
Bldg. Custodial Maint. Worker (FT) 130 $23.88 $24.54 $25.21 $25.90 $26.62 $27.35 $28.09
HR Assistant 150 $28.81 $29.61 $30.42 $31.26 $32.12 $33.00 $33.90
Bldg. Maint. Custodial Supervisor 170 $35.04 $36.00 $36.99 $38.01 $39.05 $40.13 $41.22
City Clerk 180 $38.03 $39.08 $40.15 $41.26 $42.39 $43.56 $44.74
Fire Insp./Fire Lt. Activity Center Mngr. 190 $38.88 $39.85 $40.85 $41.88 $42.93 $44.01 $45.11 $46.24 $47.40 $48.60
HR and Comm. Mngr. PW Superintendent 210 $45.21 $46.35 $47.51 $48.70 $49.92 $51.18 $52.46 $53.78 $55.13 $56.51
Public Safety Captain 220 $47.94 $49.15 $50.38 $51.65 $52.94 $54.27 $55.63 $57.03 $58.46 $59.93
Dep. Public Safety Dir. 230 $51.02 $52.31 $53.62 $54.96 $56.34 $57.76 $59.21 $60.69 $62.22 $63.78
Finance Director 240 $53.80 $55.15 $56.54 $57.96 $59.41 $60.90 $62.43 $64.00 $65.60 $67.25
Public Serv. Director Comm. Dev. Director 250 $56.67 $58.09 $59.55 $61.04 $62.57 $64.14 $65.75 $67.40 $69.10 $70.83
Public Safety Director 260 $59.70 $61.20 $62.74 $64.31 $65.93 $67.58 $69.28 $71.02 $72.80 $74.63
City Administrator 280 $65.95 $67.61 $69.30 $71.04 $72.83 $74.65 $76.53 $78.45 $80.42 $82.44
Adopted by the City Council of the City of Lino Lakes this 24th day of April, 2023. The motion for the adoption of the foregoing resolution was introduced by Councilmember _______________and was duly seconded by Councilmember ________________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________________ Rob Rafferty, Mayor
ATTEST:
________________________ Jolleen Chaika, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 23-36 ESTABLISHING THE 2024 COMPENSATION PLAN FOR NON-UNION EMPLOYEES
WHEREAS, Section 207.04 of the Code of Ordinances requires the City Administrator to
establish and maintain a compensation plan for all positions in the City, which is to be reviewed and approved by the City Council; and WHEREAS, this plan is in compliance with Minnesota Statutes Chapter 471, which is referred
to as the Pay Equity Law; and
WHEREAS, the compensation plan includes a 3% general wage increase plus a .75% market adjustment, effective January 1, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that
the following salary schedule be adopted:
Position Grade Starting Rate Step-1 Step-2 Step-3 Step-4 Step-5 Step-6 Step-7 Step-8 Step-9
Firefighter (PT) 110 $20.09 $20.64 $21.21 $21.79 $22.39 $23.01 $23.63
Bldg. Custodial Maint. Worker (FT) 130 $24.78 $25.46 $26.16 $26.88 $27.62 $28.37 $29.15
HR Assistant 150 $29.89 $30.72 $31.56 $32.43 $33.32 $34.24 $35.17
Bldg. Maint. Custodial Supervisor 170 $36.35 $37.35 $38.38 $39.43 $40.52 $41.63 $42.76
City Clerk 180 $39.46 $40.54 $41.66 $42.80 $43.98 $45.19 $46.42
Fire Insp./Fire Lt. Activity Center Mngr. 190 $40.33 $41.35 $42.38 $43.45 $44.54 $45.66 $46.80 $47.98 $49.18 $50.42
HR and Comm. Mngr. PW Superintendent 210 $46.91 $48.08 $49.29 $50.53 $51.80 $53.10 $54.43 $55.79 $57.20 $58.63
Public Safety Captain 220 $49.74 $50.99 $52.27 $53.58 $54.93 $56.31 $57.72 $59.17 $60.65 $62.18
Dep. Public Safety Dir. 230 $52.94 $54.27 $55.63 $57.03 $58.46 $59.92 $61.43 $62.97 $64.55 $66.17
Finance Director 240 $55.82 $57.22 $58.66 $60.13 $61.64 $63.19 $64.77 $66.40 $68.06 $69.77
Public Serv. Director Comm. Dev. Director 250 $58.79 $60.27 $61.78 $63.33 $64.92 $66.55 $68.22 $69.93 $71.69 $73.49
Public Safety Director 260 $61.94 $63.50 $65.09 $66.72 $68.40 $70.12 $71.88 $73.68 $75.53 $77.43
City Administrator 280 $68.42 $70.14 $71.90 $73.71 $75.56 $77.45 $79.40 $81.39 $83.43 $85.53
Adopted by the City Council of the City of Lino Lakes this 24th day of April, 2023. The motion for the adoption of the foregoing resolution was introduced by Councilmember _______________and was duly seconded by Councilmember ________________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________________ Rob Rafferty, Mayor
ATTEST:
________________________ Jolleen Chaika, City Clerk
CITY COUNCIL
AGENDA ITEM 3C
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: April 24, 2023
TOPIC: Opioid Settlements and Minnesota Opioids State-Subdivision Memorandum of Agreement VOTE REQUIRED: 3/5 INTRODUCTION
The City Council is being asked to consider Resolution No. 23-38, Authorizing City of Lino
Lakes Staff to Execute all Necessary Documents to Ensure City of Lino Lakes Participation in the
Multistate Settlements Relating to Opioid Supply Chain Participants, and in the Minnesota Opioids State-Subdivision Memorandum of Agreement. BACKGROUND 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. 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.
Settlements have been reached with opioid manufacturers Teva Pharmaceuticals and Allergan, and
retail pharmacy chains Walmart, CVS, and Walgreens. Awards are dependent on participation by both litigating and non-litigating local governments and could exceed $235 million over 15 years for Minnesota.
To maximize the money coming to Minnesota, all cities with populations over 10,000 are being
asked to sign on to these settlements. Under the MOA, abatement funds will be directed as follows:
• 75% will be paid directly to counties and certain cities/other municipalities that participate in
the settlement process (e.g., cities over 30,000 population and any city that has a public health department).
• 25% of the abatement funds will be paid directly to the state.
• Any city allocated a share may elect to have its full share or a portion of its full share
directed to the county or counties in which it is located.
• Each county must consult annually with cities in its jurisdiction regarding future use of settlement funds, including holding an annual public meeting to receive input on proposed uses and to encourage collaboration between local governments.
While the City of Lino Lakes will not directly receive any funds, the more communities that do sign on will result in a greater settlement award to communities across the state of Minnesota, including Anoka County.
RECOMMENDATION
Staff is recommending approval of Resolution No. 23-38. ATTACHMENTS Resolution No. 23-38 Minnesota Opioids State-Subdivision Memorandum of Agreement
CITY OF LINO LAKES RESOLUTION NO. 23-38
RESOLUTION AUTHORIZING CITY OF LINO LAKES STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO ENSURE CITY OF LINO LAKES 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 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, that the City of Lino Lakes supports and agrees to the State-Subdivision Agreement; and BE IT FURTHER RESOLVED, that the City of Lino Lakes supports and opts in to all
future multistate settlement agreements with opioid supply chain participants; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lino Lakes authorizes city staff to execute all necessary documents to ensure the City of Lino Lakes participation in the multistate settlement agreements, including the Participation Agreement and
accompanying Release, and in the State-Subdivision Agreement.
Adopted by the City Council of the City of Lino Lakes this 24th day of April, 2023.
The motion for the adoption of the foregoing resolution was introduced by Councilmember _______________and was duly seconded by Councilmember ________________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________ Rob Rafferty, Mayor ATTEST:
________________________ Jolleen Chaika, City Clerk
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.
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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.
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“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
DocuSign Envelope ID: 040056EC-0D41-4D98-9C65-E01AE876A6AB
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
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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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
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
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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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
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
order3 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
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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Funds from the National 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
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Litigating 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,
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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distribution, or administration of Opioid Settlement Funds has violated any
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
on /date_1_mn_agreement/ by Sarah Cotton:
Signature:/signer_1_mn_agreement/
Name:/name_1_mn_agreement/
Title:/title_1_mn_agreement/
Date:/date_1_mn_agreement/
On behalf of: Lino Lakes city
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PART ONE: TREATMENT
1
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.
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 programs5 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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3
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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PART TWO: PREVENTION
8
being removed from the home and/or placed in foster care due to custodial opioid
use.
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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PART THREE: OTHER STRATEGIES
11
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.
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).
7.Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
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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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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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2
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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3
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%
DocuSign Envelope ID: 040056EC-0D41-4D98-9C65-E01AE876A6AB
CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: April 24, 2023
TOPIC: Sale of Vehicle #605 Fire Division Grass #1
VOTE REQUIRED: 3/5
INTRODUCTION The Lino Lakes Public Safety Department is requesting Council approval for the sale of Fire Division Grass #1 (Vehicle #605) to the Scandia Valley Fire Department for $15,000.00.
BACKGROUND Fire Division Grass #1 (Vehicle #605) is a 1994 Chevrolet S-10 truck that is outfitted with wildland fire suppression equipment.
The sale of Vehicle #605 was presented to Council at the April 3, 2023 Work Session. As
directed, staff listed Vehicle #605 for sale with a price of $15,000.00 on the following websites:
• Custom Fire Apparatus
• Fire Safety USA
• Minnesota Fire Chief’s Association
• Minnesota Firefighters FaceBook group
Staff received a full price offer of $15,000.00 from the Scandia Fire Department (3518 320th
Street, Cushing, MN 56443). RECOMMENDATION
Staff recommends Council approve the sale of Vehicle #605 to Scandia Valley Fire Department
for $15,000.00. ATTACHMENTS
Photo of Vehicle #605
CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: April 24, 2023
TOPIC: Approve Lease Renewal for Allina Ambulance use of Fire Station
#1 VOTE REQUIRED: 3/5
INTRODUCTION The City of Lino Lakes and Allina Ambulance entered into three year lease to use Fire Station #1 starting on June 1, 2020 and expiring on May 31, 2023.
BACKGROUND Allina Ambulance began providing ambulance service in the spring of 2020 and executed a lease to use Lino Lakes Fire Station #1 to house an ambulance and crew.
This arrangement to house an ambulance continues to serve our residents well with quick access to ambulance services when one is housed in our community. Staff has worked with Allina Ambulance to bring forward a lease renewal for another three years.
The only proposed changes to the lease agreement is the lease renewal through May 31, 2026 and
Exhibit A, which reflects the kitchen remodel that was complete at Fire Station #1. Allina Ambulance will continue to pay the City of Lino Lakes $700 per month as outlined in the lease renewal.
Attached to this staff report is the fully executed lease agreement that is set to expire on May 31,
2023 and renewal amendment 1 to the lease with updated Exhibit A. If approved the term of the lease will be extended for a period of three years, from June 1, 2023 to May 31, 2026.
RECOMMENDATION Staff recommends approval of lease renewal for Allina Ambulance use of Fire Station #1.
ATTACHMENTS Current Lease Agreement with Allina Ambulance Renewal Amendment 1
AMENDMENT 1 TO LEASE
THIS AMENDMENT 1 TO LEASE is made and entered into as of this _________________, by and
between City of Lino Lakes, a Minnesota municipal corporation ("Lessor"), and Allina Health System, a Minnesota nonprofit corporation ("Lessee") (collectively "Parties").
WITHNESSETH
WHEREAS, Parties have heretofore entered into a certain Lease dated June 1, 2020 (the “Lease”) relating to certain Leased Premises located at 7741 Lake Drive, Lino Lakes, MN on which Fire Station No. 1 is
located upon terms and conditions described in said Lease; and
WHEREAS, Landlord and Tenant desire to amend said Lease as described below:
NOW THEREFORE, in consideration of the rents reserved and of covenants and agreements herein set
forth, it is agreed that Lease be hereby amended as described below:
1. TERM OF LEASE: The Term of the Lease shall be extended for a period of three (3) years,
from June 1, 2023 to May 31, 2026 (the “Renewal Term”).
2. RENT: Lessee shall pay to Lessor Rent for the use of the Leased Premises in the amount of $700.00 per month. Rent shall be payable in advance on or before the first day of each and every
month of this Lease.
3. Exhibit A: Exhibit A in the Lease shall be deleted and replace with Exhibit A of this Amendment 1 to the Lease.
Except as hereinabove set forth, all terms, provisions, and covenants of Lease shall remain unchanged
and in full force and effect.
IN WITNESS WHEREOF, the parties have duly executed this Amendment 1 as of the day and year first
written above.
LANDLORD TENANT
CITY OF LINO LAKES ALLINA HEALTH SYSTEM By______________________________ By________________________________ Its______________________________ Its_________________________________
Date____________________________ Date_______________________________
2
Exhibit A
Lino Lakes Fire Station No. 1
7741 Lake Drive
Lino Lakes , MN 55014
CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Andy Nelson, Environmental Coordinator
MEETING DATE: April 24th, 2023
TOPIC: Resolution No. 23-37, Accepting Quotes and Awarding Contract,
2023 Spring Boulevard Tree Planting VOTE REQUIRED: 3/5
INTRODUCTION Staff is requesting authorization to accept quotes and award a contract for the 2023 Spring Boulevard Tree Planting.
BACKGROUND The City requires new boulevard trees to be planted in all new residential subdivisions in accordance with Chapter 1007.043 (17), the landscaping section of the Zoning Ordinance. Both
the Environmental Board and the City Council have also supported replacing boulevard trees that
die in order to maintain the many benefits that these trees provide to the community. The trees planted for new residential properties are purchased with developer funds collected as part of development agreements. The replacements for trees that die are purchased with City forestry funds.
Each spring, City staff coordinates these tree plantings to ensure that the trees and planting methods used meet City standards to ensure high quality plantings that will maximize the benefits provided by trees while minimizing long-term maintenance costs.
The 2023 spring boulevard tree planting includes the installation of 91 boulevard trees. 51 of
these trees will be installed on new residential lots, 40 will be replacements for trees that have died from emerald ash borer, other pests and pathogens, storm damage, or other structural problems that led to their removals.
CONTRACTOR CITY TREES DEVELOPER TREES TOTAL QUOTE
Midwest Landscapes $21,005.00 $26,308.00 $47,313.00
Margolis Company $22,200.00 $28,305.00 $50,505.00
Davey Tree Expert
Company
$34,085.06 $42,604.64 $76,689.70
RECOMMENDATION Staff recommends adoption of Resolution No. 23-37, accepting quotes and awarding a contract for boulevard tree planting in the amount of $47,313.00 to Midwest Landscapes.
ATTACHMENTS 1. Resolution No. 23-37
CITY OF LINO LAKES RESOLUTION NO. 23-37 RESOLUTION ACCEPTING QUOTES AND AWARDING A CONTRACT FOR 2023
SPRING BOULEVARD TREE PLANTING
WHEREAS, pursuant to a request for quotes for boulevard tree planting to take place in the spring of 2023, quotes were received and tabulated:
CONTRACTOR CITY TREES DEVELOPER TREES TOTAL QUOTE
Midwest Landscapes $21,005.00 $26,308.00 $47,313.00
Margolis Company $22,200.00 $28,305.00 $50,505.00 Davey Tree Expert Company $34,085.06 $42,604.64 $76,689.70
WHEREAS, it appears that Midwest Landscapes is the lowest responsible bidder; and WHEREAS, the funding for the project is from the General Fund Forestry Budget and boulevard tree funds collected as part of development agreements for residential subdivisions; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that
the Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Landscapes for boulevard tree plantings in the amount of $47,313.00. Adopted by the City Council of the City of Lino Lakes this ___ day of _______ 2023.
The motion for the adoption of the foregoing resolution was introduced by Councilmember and was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same: _______________________________
Rob Rafferty, Mayor ATTEST: ________________________
Jolleen Chaika, City Clerk