On the agenda: North Oaks meeting — License Plate reader (Mar 25)

CITY OF NORTH OAKS
Regular City Council Meeting City Council Meeting
Wednesday, March 25, 2026
6:00 PM, City Council Chambers are at 100 Village Center Drive, Room 150, North Oaks, MN
55127

MEETING AGENDA

Remote Access - One or more members of the City Council may attend the meeting via interactive technology
and others will participate in person in Council Chambers (Community Room, 100 Village Center Drive,
Suite 150, North Oaks, MN) during the meeting. Members of the public are welcome to attend. Any person
wishing to monitor the meeting electronically from a remote location may do so by calling the following
Zoom meeting videoconference number: 1-312-626-6799, Webinar ID: 816 4282 2523 or by joining the
meeting via the following link: https://us02web.zoom.us/j/81642822523

1.

Call to Order

2.

Roll Call

3.

Pledge of Allegiance

4.

Citizen Comments - Members of the public are invited to make comments to the Council during the public
comments section. Up to four minutes shall be allowed for each speaker. No action will be taken by the
Council on items raised during the public comment period unless the item appears as an agenda item for
action.

5.

Approval of Agenda

6.

Consent Agenda - These are items that are considered routine and can be acted upon with one vote.

6a.

Approval of Licenses:
Arborist: Balsam Tree & Shrub Care LLC; Premium Tree Protection LLC; Red Leaf Tree Care
Mechanical: Blue Ox; Hoffman Refrigeration & Heating; Joel Smith Heating & Air Conditioning; Modern
Heating & Air; S & R Appliance Repair; United States Mechanical Inc.

6b.

Approval of City Council Meeting Minutes of February 26th, 2026.
2.26.2026 Council minutes Draft.pdf
2.26.2026 Public Comments to be added to Minutes.pdf

6c.

Approval City Financials

City Council March 25, 2026

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EFTs: 1212e - 1218e, and 1220e-1225e
Checks: 16136 - 16184
March 2026 Check Register.pdf
March Financial Charts 2026.pdf
March 2026 Financial Budget Actuals.pdf
6d.

Approval of 1 Day liquor license for Summerfest

6e.

Approval of Variance for 11 Creekside Lane
2026-03-25_CC_Staff Packet_11 Creekside VAR.pdf

7.

Petitions, Requests & Communications - Deputy Craig Lydon Report

8.

Unfinished Business

8a.

Discussion and possible action on Supplemental Utilities Agreement with North Oaks Company
Supplemental Water and Sanitary Sewer Infrastructure Agreement - NOC and NO (1.21.2026)- 197593569v14 Updated JPA_NOC signature.pdf
Memo to Council re Water and Sewer Agreements 3.23.2026.pdf

8b.

Discussion and possible action on 2-party Joint Powers Agreement with White Bear Township
JOINT POWERS AGREEMENT Dated 2.20.2026 FINAL.pdf

8c.

Discussion and possible action on Three-Party Joint Powers Agreement with Lino Lakes and White Bear
Township.
3 Party JPA - Tracked Changes 3.11.2026 V2 - LP COMMENTS 3.13.2026.pdf

9. New Business
9a.

Presentation of water model by City Engineer

9b.

Discussion and possible action on amending City of North Oaks annual meeting calendar

10.

Council Member Reports

11.

City Administrator Reports

12.

City Attorney Reports

13.

Miscellaneous

13a. City Forester Report
February in Review.pdf
13b. Deputy Lydon Safety Report
FEB 2026 Report.pdf

14.

Adjournment - The next meeting of the City Council is Thursday, April 9th, 2026.

City Council March 25, 2026

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North Oaks City Council
Meeting Minutes
North Oaks City Council Chambers
February 26, 2026
1. CALL TO ORDER
Councilor Wolter called the meeting to order at 4:07 p.m.
2. ROLL CALL
Present: Mayor Krista Wolter, Councilors Grover Sayre, Mark Azman, Andrew Gaspard, Sara
Shah
Staff Present: Administrator Kevin Kress, Attorney Bridget Nason, City Planner Kendra Lindahl
(remote) and City Engineer Jupe Hale
Others Present: NineNorth Videographer Damen Price
A quorum was declared present.
3. PLEDGE OF ALLEGIANCE
Mayor Wolter led the Council in the Pledge of Allegiance.
4. CITIZEN COMMENTS
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Kress noted that the City Councilors were forwarded written comments from Ilya
Berchenko and the City Administrator on LPR, some for and against which have been
shared with Council.

MOTION by Shah, seconded by Azman, to accept the electronically submitted public
comments to City Staff and Councilors regarding the continuation of the automated license
plate reader program, into the official public record.
Motion carried unanimously.
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Joe and Linda Jesmer, 59-year residents, nothing profound on the License Plate reader.
Finds it as an added measure of crime enforcement in our community, feels the costs are
modest, and that there are cameras are everywhere, grocery, banks, gas. Finds it an extra
level of security in these modern times, finds it money well spent and does not see a
downside. They are heartily in favor of renewing the program.
Peter Hairston, 14 Red Fox Road, read about license plate reader and prosecutions in the
presentation. He finds the effectiveness low, he feels before we go forward, he feels we
should see what cases have settled, if the LPR data as evidence is admissible in court, and
what is prosecutable. Feels if we can’t use LPR data they may be of limited value. He
didn’t see any data and criteria until this week and looking at the data, looks like there
has been an increase in crime over the past year since it has been reported. He feels that
statistic can be looked at the data either way. He wants to make sure the data stands up to
scrutiny. He would like to see continuing with the system as is and continue to collect
data. He feels currently there is still limited data and would like to see if admissible in
criminal trial.

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Minutes of the City Council Meeting

February 26, 2026

5. APPROVAL OF AGENDA
Motion by Gaspard, seconded by Shah, to approve the agenda as amended.
Motion approved unanimously.
6. CONSENT AGENDA
6. Consent Agenda - These are items that are considered routine and can be acted upon with
one vote.
6a. Licenses for Approval:
Arborist: Metro Tree and Crane
Mechanical Licenses for Approval: Binder Heating & Air; City Wide Mechanical, Inc.; Sedgwick
Heating; Woodland Way, Inc. DBA Woodland Stoves & Fireplaces
6b. Approval of 2.12.2026 City Council Minutes

MOTION by Azman, seconded by Gaspard, to approve the Consent agenda.
Motion carried unanimously.
7. UNFINISHED BUSINESS
7a. Consideration and possible action on 3-party Joint Powers Agreement between North Oaks,
White Bear Township and Lino Lakes
• Kress noted that an update was been sent to Councilors earlier in the day. Nothing new
on the 3-party agreement. Councilors did not have any questions on that content.
7b. Consideration and possible action on Two Party agreement between City and North Oaks
Company
• Mayor Wolter noted that a draft has been sent to Councilors for review on what has been
negotiated with White Bear Township. They are working on final approval and have been
working daily for several weeks.
• In order to get the agreement with White Bear township complete, the two-party
agreement with North Oaks Company needs to be finalized. She believes that the City is
very close to getting the 2-party signed off on.
• White Bear township originally asked the City to install 12 meter pits to monitor water
usage. The City engineer was able to get that down to 5 meter pits, which WBT has
agreed to.
• The City is asking for North Oaks Company (NOC) to pay for putting in the metering
pits, along with a fund to maintain them going forward.
• City is currently waiting on the North Oaks Company agreement to be finalized. Mayor
Wolter would like to propose Council approve the 2-party with White Bear Township
with contingency that we have a signed agreement with North Oaks Company and the
City.

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February 26, 2026

Sayre noted the tremendous progress made in negotiations between City and the
Company during this process. Wolter noted that attorneys at all Cities, Council and board
members, staff at all three City entities makes things very complicated.

MOTION by Sayre, seconded by Azman, to approve the Supplemental Water
Infrastructure Agreement between the North Oaks Company and City of North Oaks, and
authorize execution of the same, with the City in a form and with terms generally
consistent with the draft agreement dated February 25, 2026, subject to minor revisions as
approved by the Mayor, City Administrator, and City Attorney.
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Mayor Wolter mentioned the short window to get these agreements done so they can be
presented at all 3 City Ccouncil meetings.
Shah asked what reality is of moving forward quickly. Wolter noted that would move
forward with Company tomorrow.
Azman asked what is considered minor. Kress noted they are looking for reassurance
from City and WBT that this is moving forward. Minor considered verbiage could
include stormwater turnover to NOHOA. Significant changes could be number of meter
pits or monetary contributions. Kress noted that he feels the agreements are a good
compromise between all parties.
Attorney Nason clarified that the Two party with White Bear Township looks good as of
this morning, so they do not anticipate any significant changes. She will pass along the
final changes to Council with opportunity to review in a special Council meeting, if any
significant change has arisen.

Motion carried unanimously.
7c. Consideration and possible action on Two party Joint Powers Agreement between City of
North Oaks and White Bear Township
MOTION by Sayre, seconded by Shah, to approve the two-party JPA with White Bear
Township, and authorize execution of the same, contingent upon the North Oaks Company
executing a Supplemental Water Infrastructure Agreement with the City in a form and
with terms consistent with the draft agreement dated February 25, 2026, subject to minor
revisions as approved by the Mayor, City Administrator, and City Attorney.
Motion carried unanimously.

8. NEW BUSINESS
8a. Consideration and Possible approval of License Plate Reader Program
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Ilya Berchenko, 2 Island Road, is Chair of the Public Safety Task for and spearheading
the License Plate reader program over the past several year.

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Minutes of the City Council Meeting
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February 26, 2026

Sergeant Matt Marson from Ramsey County Sheriff’s Office (RCSO) also in attendance
to provide support and answer questions. Sergeant Marson currently works in records at
Ramsey County Patrol stations, with prior experience in intelligence unit and a patrol
officer. He is the RCSO administrator of use of the License plate reader program at
Ramsey County Sheriff’s office.
Berchenko reviewed the highlights of the LPR program.
o Program was approved by City and NOHOA in February 2024 and outlined 3 key
performance indicators as measure tools.
o In November – December 2024 – signed contract with Flock vendor for 17 ALPR
at 11 North Oaks entrances. Paid $40,375 with no installation fees. Signed
contracts with property owners such as NOHOA, Spring Farm, Hill Farm Condos,
Wilkinson, Charley Lake preserve to install the readers on their properties. The
final camera went live April 2024.
o ALPR Pilot data retention and access: all data belongs to and are retained solely
by City of North Oaks. Nobody in NOHOA/the City has access to the ALPR data.
Only Ramsey County Sheriff’s office has access. RCSO does not collaborate with
ICE and they do not have access to North Oaks ALPR systems or data. Only
RCSO leadership (sergeant and above), investigation units, and the North Oaks
dedicated Deputy have access to conduct a search. Every time a license plate
search is conducted a log is created. Retention time for data is 30 days unless
there is an active investigation.
o Key Performance Indicators (KPI) include:
▪ Number of vehicles interdicted due to LPR, number of cases solved using
ALPR data, and Property Crime Statistics
o Flock system takes a picture of the rear of the vehicle, analyzes and captures the
following details (even at night): license plate, state, vehicle type, make, model,
color. The image is of vehicles only – there is no facial recognition, or anything
tied to individuals.
o The system generates real-time alerts that are received by RCSO sworn staff and
intelligence unit. They come from National Crime Information Center (NCIC)
system. It alerts to revoked, suspended, criminal vehicular operation, protection
order, sex offenders, keeping our police safe, stolen vehicles, warrants, etc.
o North Oaks Deputy can also create an alert such as order of protection/domestic
violence. The live alerts come immediately to the RCSO phone and Deputy car.
The special investigations unit would receive alert and reach out to patrol or CAT
unit deputies for additional assistance as needed. Logs are generated for all
searches.
o A chart with typical monthly example was shown. There were 2,669 alerts that
were generated from August 11 – September 29, 2025 most from NCIC database,
1 North Oaks Custom alert, and 7 RCSO Custom alerts. The total number of
searches by RCSO was 319.
o Key KPI 1 highlights include a high speed chase, thefts from vehicles, and more.
o Key KPI 2 highlights of number of cases solved by using leads from Hodgson
arrest, thefts from vehicle, several in July
o KPI 3: property crime stats include: Theft from building, motor vehicle theft.
The raw clearance rate of these categories before LRP was 30%, it is now 70%

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February 26, 2026

clearance rate of crimes closed with a suspect arrest or currently active and
known.
The pilot period has ended and contract renewal is now on agenda for
consideration. LPR program is deemed successful by both RCSO and North Oaks
Public Safety Task force, and propose to extend existing contract for 3 years.
Propose to expand to cover all North Oaks entrances, which would expand from
11 entrances and 17 ALPR’s, to 18 entrances and 26 ALPR.
NOHOA board met the week of February 18th and does not object to the City of
North Oaks renewal of contract and expansion of project. Board vote was 8-0.
New entrances include: Preserve Trail, Creekside, Sherwood Trail, Rapp Farm,
Monarch Way, Pondview Trail entrance, Deer Hills entrance.
Berchenko noted that recent court cases have shown that LPR data is up held for
Law enforcement since it is only recording license plate.
He stated that our Flock data has never been breached. Flock consistency reviews
their protocols to ensure data security on their side.
Councilor Sayre noted that it does help solve crimes and find and catch the
perpetrator. Sergeant Mattson notes that it is very useful in solving crime, but is
not the only defined item. Permissions are extremely limited, and tracking is
specific. Sergeant Mattson stated it is a great tool and has help catch bad people in
the community. There is a lot of oversight and welcome questions to ease
comfort. There is a lot of strict oversight. LPR has helped them tie together
multiple cases from other community. Mattson stated they are seeing it grow in
neighboring cities. Having stolen cars, KOPS alerts from other cities help keep
our communities safe.
Azman asked if Federal agencies could have a warrant request and we would give
that to them. Sergeant Mattson and Berchenko has confirmed we do NOT sell
data to ICE. Ramsey County Sheriff’s office would need to reach out proactively
to other agencies based on the NCIS hits.
It was noted that RCSO policy states that cameras be placed on a public road.
Berchenko noted that City Council does not meet again until March 24th and
Flock must be notified 30 days before end of April contract. He noted that all
contracts to place readers on the private parties also must be renewed prior to the
April deadline.
Gaspard noted he spent a day riding with Deputy Lydon and was able to see how
LPR is used live in action. He noted they allow deputies to grab onto vehicle and
could help in extreme cases. He noted the Community is most concerned about
data sharing and he feels comfortable with the presentation and the data controls
which are in place.

Motion by Azman, seconded by Gaspard, to:
1. The Council hereby CONDITIONALLY APPROVES a contract with Flock Safety for
a 5-year ALPR pilot project, and authorizes execution of the Contract and all such
other necessary related documents by the Mayor, City Administrator and other
necessary staff and consultants subject to all of the following conditions: a) Any
revisions required by the City Attorney shall be made to the contract before it is
executed. b) The contract with Flock Safety shall include the existing pilot ALPR

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locations and new proposed entrances for a total of 26 total cameras, contingent upon
City securing the necessary written permission from the property owners or applicable
easement holder for the ALPR locations for the placement of the ALPRs as part of the
project, and clarification of RCSO policy regarding placement of cameras adjacent to
public property.
2. The City Attorney is authorized to prepare license agreements or other written
instruments between the City and the property owners or applicable easement holders,
including NOHOA, for the placement of the ALPRs and mounting poles for the duration of
the ALPR Project, and the Mayor and City Administrator are authorized to execute such
agreements.
3. 3. Staff and the City Attorney are directed and authorized to take such other actions
as may be necessary to effectuate the intent of this Resolution to move forward with the
ALPR Project.
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Azman in favor of expanding to all the proposed locations.
Wolter noted in favor of 5-year contract.
Gaspard leans to 3 years but could go either way.
Berchenko noted the rate would extend for the duration of the contract, and emphasized
the Flock maintenance and service has been good.

MOTION carried unanimously.
8b. Discuss 2026 Strategic Priorities for the City of North Oaks
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Kress noted his current list of priority activities include: Pleasant Lake, Railroads, Water,
Sewer, Joint Powers Agreements, Operation Clearview with NOHOA, Ordinance
recodification, potential City office agreements.
Wolter noted her priorities include Pleasant Lake quality. Kress recapped the status of
Pleasant Lake Community meeting on 2.24.2026. They are working on Memorandum of
Understandings with VLAWMO, and working with North Company, St. Paul Regional
Water Authority, Barr Engineering, NOHOA and more. Shah noted investigative phase
will end in April, and Barr will make list of additional information that he needs to get in
the summer. After this collection period, Barr will respond with an implementation plan
and look at who the key players are at that time, and build implementation plan and
timeline.
Kress noted did one recodification to bring all current policies together. They are starting
work with Chapter 1 to review all the code to bring up to date with State rules, etc. This
is an ongoing project with goal of developing 1 single searchable PDF for all North Oaks
Code.
Operation Clearview is currently being reviewed by the NOHOA Safe Roads committee
and will be brought to the City. Kress noted that NOHOA has the authority under deeds
to ensure clear roadsides and take action to clear if need be, since they own easements.
The City must go through a nuisance process which takes longer. Would like to see
NOHOA take the lead on it. Bill Long from NOHOA stated that it is focusing on

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February 26, 2026

intersections and they would appreciate the City support from a City from a safety
perspective. Typically, would be within the easement which can do this. NOHOA and
City being a united front will help get this done.
Kress noted the quiet railroad project could take longer than originally planned, but City
staff will look at it after the Joint powers agreements are settled.
Shah noted there are quite a few complex topics on the City radar including the Master
Infrastructure Plan /Study and wonder if the Planning Commission can assist with some
of these topics. Perhaps researching other communities that have moved from septic to
sewer, or working with Engineer to preview some items before it comes to Council.
Kress noted that Council can direct the Planning Commission to work on a few items that
staff may not have time to do. Kress to brainstorm during City Staff meeting.
Sayre provided update on City Hall Office analysis. The commercial real estate broker
and staff have been through multiple options including taking on current spaces, building
a new location, taking over an existing space and remodel, possibility of owning current
building, and keeping our current location. He noted an opportunity has come up to
occupy a nearby dermatology location.
o Sayre would like to research what it would look like for an eminent domain
proceeding with the current building.
o Wolter noted that the current building is in a prime location as the corner of the
City, and would like to ensure options to own that building are explored.

Motion by Shah, seconded by Azman, to direct City Attorney office to work with Mayor,
Councilor Sayre, City Administrator to outline what an eminent domain process would
look like, and report back information and next steps.
Motion carried unanimously by roll call vote.

9. COUNCIL MEMBER REPORTS
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Azman nothing further.
Shah nothing further.
Gaspard nothing futher.
Planning Commissioner Loegering noted the Planning Commission could be useful in
addressing land use and septic and how it relates to the Comprehensive Plan and
ramifications. Getting things fully discussed, on the record and giving more support could
be helpful to make it more effectual and get community input.
Sayre noted the North Oaks Foundation may not be able to invest dollars in NOHOA
properties as originally thought. They are looking at solutions and perhaps a change in
foundation structure.
Gaspard noted the Cable commission has a change in law, which means the Commission
can now take licensing fees and provide additional services as a means of revenue.

10. CITY ADMINISTRATOR REPORTS
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Administrator Kress nothing further to report.

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11. CITY ATTORNEY REPORTS
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Attorney Nason stated the Minnesota State legislative session has begun. There are
zoning and cannabis changes are on the docket and she will continue to share information
that could impact the City. Councilors are asked to bring any concerns to her related to
legislative matters.

12. MISCELLANEOUS
13. ADJOURNMENT
The next regular meeting of the City Council will be March 26, 2026.
MOTION by Gaspard seconded by Azman, to adjourn meeting at 6:12 p.m. Motion carried
unanimously.

____________________________
Kevin Kress, City Administrator

_____________________________
Krista Wolter, Mayor

Date approved___________

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PLANNING REPORT

TO:

North Oaks City Council

FROM:

Kendra Lindahl and John Uphoff, City Planner
Kevin Kress, City Administrator
Bridget McCauley Nason, City Attorney
Jupe Hale, City Engineer

DATE:

March 25, 2026

RE:

Setback Variance at 11 Creekside Lane (city file 26-002)

Date Application Submitted

December 19, 2025

Date Application Determined Complete:

January 16, 2026

Planning Commission Meeting Date:

February 26, 2026

City Council Meeting Date:

March 25, 2026

120-day Review Date:

May 16, 2026

REQUEST
Rich Riemersma from Zawadski Homes, on behalf of the homeowners, Shane and Jessica Slominski, has
requested approval of a variance to allow a 6-foot setback for a swimming pool and a 17-foot setback for pool
equipment where a minimum of 30 feet is required from the west property line. The applicant has stated that
the swimming pool is a specialized therapy pool for use by the homeowners’ children, who have been
diagnosed with cerebral palsy.
PLANNING COMMISSION REVIEW
On February 26, the Planning Commission voted 7-0 to recommend approval of the variance application. Shane
and Jessica Slominski were present to speak on this item.

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BACKGROUND

Zoning and Land Use
This 0.98-acre property is guided Low Density residential and is
zoned Residential Single Family – Medium Density (RSM).
This site is currently developed with a single-family home with
attached garage. There is a wetland on the north side of the
property.

Figure 1 - Subject Parcel

In 2023, Slominski’s applied for a variance from the Floor Area
Ratio (FAR) maximum to allow for construction of an elevator. Resolution No. 1477 was approved by the City
Council on February 9, 2023, granting a reasonable accommodation under the Americans with Disabilities Act
(ADA) to allow the installation of the elevator.
In August 2025, the applicant submitted plans to the North Oaks Home Owners’ Association (NOHOA) for
review by the Architectural Supervisory Committee (ASC). The plans submitted to NOHOA at that time showed
the swimming pool located on the north side of the house. NOHOA advised the applicant that the ASC was
likely to deny the project because the proposed location of the swimming pool was within 30 feet of the
wetland located on the north side of the property. The updated plans will require ASC approval.
PLANNING ANALYSIS
Private swimming pools are an allowed accessory use in the
residential zoning districts. Chapter 150.058 of the City
Code establishes standards for swimming pools and spas.
Specifically:

1. Requires pools to be in the rear or side yard
Meets this requirement.

2. Requires pools to be at least 30 feet of any lot line
and at least 10 feet from any principal structure or
accessory buildings except accessory buildings
without frost footings
Does not meet this requirement.
Figure 2- Site Survey

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3. Requires that mechanical equipment be a minimum of 30 feet from any lot line
Does not meet this requirement.

4. Requires any swimming pool or appurtenances to be a minimum of 10 feet from any portion of a
sewage disposal line or sewage treatment system
Meets this requirement.

5. Requires any water supply line for a swimming pool be at least 15 feet to any portion of the sewage
treatment system
Meets this requirement.

6. Requires a safety fence of at least 5 feet in height that must completely enclose the pool.
Meets this requirement.
The applicants’ plans comply with the above standards except for the requirement that the swimming pool and
mechanical equipment be a minimum of 30 feet from the property line. The pool is located six feet from the
west property line, and the mechanical equipment is located 17 feet from the west property line.
The plans show the proposed swimming pool and pool equipment to be constructed in the rear yard located
west of the existing house with a 5-foot fence enclosing the pool area and a solid wall along the west property
line and to the north of the pool area. Sewer and water lines are located on the east side of the house and
therefore no portion of the swimming pool or appurtenances are located less than 10 feet to any portion of a
sewage disposal line or sewage treatment system, nor is any water supply line for the swimming pool less than
15 feet to any portion of a sewage treatment system.
Section 151.050(F) states that no building or structure except fences, screening, planting strips and landscaping
shall be located within 30 feet of lot lines. City Code defines “Structure” as anything that is built, constructed or
erected, whether temporary or permanent, in, on or above the land. However, Section 151.034 of the City Code
allows solid walls as part of the landscaping. The solid wall shown on the applicants’ plans along the west
property line is permitted if it does not exceed 48 inches above adjacent ground grades.
The City Engineer reviewed the plans and found finished grades and improvements acceptable in relation to the
surrounding grades and found the calculations for changes to impervious areas accurate and acceptable.

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Variance Standards
The applicant is requesting a variance to allow the swimming pool to be six feet from the west property line and
the mechanical equipment to be 17 feet from the west property line where 30 feet is required. Section 151.078
of the Zoning Code requires that the following criteria be considered, and a variance only be granted when it is
demonstrated that the following standards have all been met:

(1)(a) Their strict enforcement would cause practical difficulties because of circumstances unique to the
individual land under consideration, and the variances shall be granted only when it is demonstrated that
the actions will be in keeping with the spirit and intent of this chapter.
The location of the wetland on this existing lot of record does not allow for another location for a new
swimming pool and alternatives on this site create a practical difficulty if the City believes that not having a
swimming pool on site creates a practical difficulty for this family. The location initially considered by the
applicant (north of the home) would likely encroach on the wetlands on this site.

b) PRACTICAL DIFFICULTIES means the land in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to
the land in question which were not created by the land owner, and the variance, if granted, will not alter
the essential character of the locality.
The site has two street frontages, which restricts the location to either the west or north side of the home.
The location of a wetland north of the home does not allow for another location for a new swimming pool.
The site conditions are circumstances unique to the land in question and are not created by the landowner.
Approving the variance will result in the construction of a new swimming pool. It would not alter the
essential character of the locality.

(c) Economic considerations alone shall not constitute an undue hardship if reasonable use for the land
exists under the terms of this chapter.
The requested variance is to construct a swimming pool for therapeutic purposes at an existing home. The
variance is not based on economic considerations alone.

(d) A variance may not be granted for any use that is not permitted under this chapter for land in the zone
where the affected person’s land is located.
The variance would allow a new swimming pool. It would not allow a use that is not permitted by City
Code.

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(2) Subject to the above, a variance may be granted only in the event that all of the following circumstances
exist:
(a) Unique circumstances apply to the which do not generally apply to other land in the same zone or
vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the
land have no control;
The circumstances of this site do not apply to other properties in same zone and are the result of the lot
size and existing conditions on this lot. The corner lot has limited options for placement of the pool, and the
options are further limited by the location of the wetland to the north.

(b) The proposed uses is reasonable;
The proposed use is reasonable. It will allow construction of a swimming pool, which is a permitted
accessory use.

(c) That the unique circumstances do not result from the actions of the applicant;
The circumstances do not result from the action of the applicant. The applicant was advised by NOHOA ASC
that the initial proposed location for the swimming pool was not acceptable due to the proximity of the
wetlands on the north side of the property. The corner lot and wetland location limit options for the pool.

(d) That granting the variance requested will not confer on the applicant any special privilege that is denied
by this chapter to other lands, structures, or buildings in the same district;
Granting the variance will not confer upon the applicant any special privilege. It will simply allow them to
construct a swimming pool.

(e) That the Variance requested is the minimum variance which would alleviate the practical difficulties;
If the City finds that not having the swimming pool, hot tub and expanded patio would be a practical
difficulty for this family, the variance is the minimum action needed to alleviate the practical difficulties on
site.

(f) The proposed variance will not impair an adequate supply of light and air to adjacent land, or
substantially increase the congestion of the roads and streets, or increase the danger of fire, or endanger
the public safety, or substantially diminish or impair property values within the neighborhood; and

41

The proposed variance will not impair an adequate supply of light and air to adjacent land or substantially
increase the congestion of the roads and streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the neighborhood.

(g) At no time after the land became nonconforming was the property under common ownership with
contiguous land, the combination of which could have been used to reduce or avoid the nonconformity of
the land.
At no time after the land became nonconforming was the property under common ownership with contiguous land,
the combination of which could have been used to reduce or avoid the nonconformity of the land.
The City Engineer has reviewed the request, and those comments are attached to this report.

Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:

Location Map
Applicant’s narrative dated December 18, 2025
Existing Conditions Survey dated January 12, 2026
Site Plan dated January 12, 2026
Landscape Plan dated February 18, 2026
Email dated January 14, 2026, showing fence details
Resolution

ACTION
Move to approve the resolution approving the setback variance at 11 Creekside Lane, as recommended by the
Planning Commission.

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Glacial Boulder
Wall

Existing Valve Box Re-Located
onto Property

Modular Block Retaining Walls

14" Concrete Coping to Separate
Pool from Vegetation

5' Alumi-Guard Fence

New Sod
2383 Pilot Knob Rd
Mendota Heights, MN 55120

336.730
N 23°40'09" W

BW / 813
TW / 815

BW / 814

TW / 815

P

TW / 815

P

Planting Bed
815

P

Planting Bed
BW / 815.5

BW / 816.5

19'-8 3/4"

TW / 819
P

815
TW / 819

TW / 819

816

PAD / 812

3' Tall Freestanding Hot Tub Set on
Concrete Pad at 812

8x12
Hot Tub

16' X 30'
Aquatic
Therapy Pool

BW / 815

P

BW / 818

TW / 820

Phone: 651-203-3000
Fax: 651-455-1734
SouthviewDesign.com

BW / 812

Planting Bed

14'-0"

TW / 815

BW / 812

P

3' Tall Core Filled Concrete Block Wall

BW / 820

BW / 820

Pre-Cast Concrete Steps

TW / 820

Planting Bed

TW / 823

TW / 823

815

P

819

Planting Bed, Typ.
Varieties TBD

TW / 823

NO.

Date

Revision Notes

Techo Bloc 2'X2' Industria Paver
Proposed Roof
Extension

BW / 815

P

Planting Bed
TW / 823

823

TW / 815

BW / 812

Replace Existing Walls

TW / 823

New Sod

BW / 815

Planting Bed

P

Issue Notes

BW / 819
TW / 823

TW / 823

Date

815
820

BW / 822

NO.

G

823.8

TW / 818

Planting Bed

TW / 823

P

BW / 818

4' Fence Gate

C E

New Steps by Builder
(In Same Location as
Existing)
Pool Equipment Screened by Plantings
BW / 813

P

P

P

P

P

33
P

P

P

W
2" 0
4'4 9
°0 9.8
6

11 Creekside Lane
North Oaks, MN 55126

P

New Paver Walkway - 2X2 Industria Paver

Landscape Plan

Jessica Slominski

P

TW / 814

P

P

Wet Land
Designer:

Taylor Wald

Design Associate:

Rikka Wangsnes

Measure Team:

SH
CB

Measure Input:

CB

Print Date:2026-02-18
File Name:
2025-08-20_Slominski_Option 2.vwx

R
UL
HA

1

42
°31
'55
"E

D
OA

A=
N

R=

84
.9

This drawing contains proprietary
information which belongs to
Southview Design Inc. Any
unauthorized duplication or use is
strictly prohibited.
Released By:__________________
Date Released:____/____/________

Sheet
2 of 5
Scale:
1/8" = 1'-0"

40

Landscape Plan
Scale: 1/8" = 1'-0"
8

0

8

16

S 19°31'14" E
48.550

A=N 75°3
5'06" E
R=488.0
00

51

From:
To:
Cc:
Subject:
Date:
Attachments:

Rich Riemersma
Kendra Lindahl, AICP; Kevin Kress ([email protected]); John Uphoff; Jupe Hale; Lauren Kavan; Deb Breen; Jessica Slominski
Shane Slominski; Jessica Slominski; Rich Riemersma; Nick Zawadski
FW: 11 Creekside project
Wednesday, January 14, 2026 11:34:27 AM
image002.png

Hello Kendra,
Below are selections for the landscaping and fence. The fence is AlumiGuard, style Escot 3. Matte Black and will be
5’-0” tall to meet the city requirements. Please let us know if you need anything else.
Thank you,
RichFrom: Taylor Wald <[email protected]>
Sent: Monday, August 18, 2025 11:52 AM
To: Rich Riemersma <[email protected]>; vicki vanwiele <[email protected]>
Cc: Nick Zawadski <[email protected]>; Jessica Slominski <[email protected]>; Andrew Brown
<[email protected]>
Subject: RE: 11 Creekside project
Hi Rich,
Hot Tub I’m not sure, Jessica and Shane would be buying that directly and I don’t think one is selected yet.
There have not been any final selections on materials yet, but here’s what we’ve been working with for now:
Hideaway Titan Cover Louvre Pergola in Textured Black: https://hideawayscreen.com/pages/titancover-louvredpergola
Existing rear patio: 960 Sq ft. Proposed rear patio: 660 Sq ft
Techo Bloc 2’X2’ Industria Paver in Greyed Nickel, these pavers will match the pool deck: https://www.techobloc.com/shop/pavers/industria-150x150-hd-smooth-greyed-nickel?parent=96f1da93-0f80-4f3d-8b54c35c359c7697
AlumiGuard Ascot 3 Fence in Matte Black: http://dev.alumi-guard.com/residential-flat-top/

Techo Bloc Blu 60 Pavers in Greyed Nickel: https://www.techo-bloc.com/shop/slabs/blu-60-mm-hd-slab-smoothgreyed-nickel?parent=94731547-cc22-4385-a895-08d9e2879240
This paver is a 3-piece pattern comprised of 13” X 6.5”, 13” X 13”, and 13” X 19.5”

52

I hope this helps, if any other questions please let me know. Thank you!

Taylor Wald | Landscape Designer
Office: 651-203-3002 | Mobile: 651-900-1851

Protect your investment with professional landscape care.

53

CITY OF NORTH OAKS
RAMSEY COUNTY, MINNESOTA
RESOLUTION NO. _______
RESOLUTION GRANTING A SETBACK VARIANCE TO ALLOW
CONSTRUCTION OF A SWIMMING POOL AT 11 CREEKSIDE LANE
WHEREAS, the City of North Oaks (City) has received an application for a
variance to allow a 6-foot setback from the west property line for a new swimming pool
and a 17-foot setback from the west property line for mechanical equipment at 11
Creekside Lane North Oaks, Ramsey County, Minnesota, legally described on the attached
EXHIBIT A; and
WHEREAS, the variance would allow the construction of a swimming pool at 11
Creekside Lane; and
WHEREAS, the swimming pool is located 6 feet from the west property line where
a setback of 30 feet is required; and
WHEREAS, the mechanical equipment is located 17 feet from the west property
line where a setback of 30 feet is required; and
WHEREAS, a public hearing concerning the Application was held before the
North Oaks Planning Commission in accordance with Minnesota Statutes, Section
462.357, subd. 3, on February 26, 2026, after which hearing the Planning Commission
voted unanimously to recommend approval of the variance to the City Council.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH OAKS that a variance to allow a 6-foot setback from the west property line
for a new swimming pool and a 17-foot setback for the mechanical equipment is approved
subject to the following findings and conditions:
1. The swimming pool, including the mechanical equipment, shall be installed as
shown on the survey dated January 12, 2026.
2. The variance standards in Section 151.078 of the Zoning Code have been met,
and a practical difficulty exists as follows:
a. Strict enforcement would cause practical difficulties because the
location of the wetland on this existing lot of record does not allow for
another location for a new swimming pool and the site has two street
frontages, which restricts the location to either the west or north side of
the home.

54

b. The variance is to construct a swimming pool for therapeutic purposes
at an existing home. The variance is not based on economic
considerations alone.
c. The variance would allow a new swimming pool. It would not allow a
use that is not permitted by City Code.
d. The circumstances of this site do not apply to other properties in same
zone and are the result of the lot size and existing conditions on this lot.
The corner lot has limited options for placement of the pool, and the
options are further limited by the location of the wetland to the north.
e. The proposed use is reasonable. It will allow construction of a
swimming pool, which is a permitted accessory use.
f. The circumstances do not result from the action of the applicant. The
applicant was advised by NOHOA ASC that the initial proposed
location for the swimming pool was not acceptable due to the proximity
of the wetlands on the north side of the property. The corner lot and
wetland location limit options for the swimming pool.
g. Granting the variance will not confer upon the applicant any special
privilege. It will simply allow them to construct a swimming pool.
h. The variance is the minimum action needed to alleviate the practical
difficulties on site.
i. The variance will not impair an adequate supply of light and air to
adjacent land, or substantially increase the congestion of the roads and
streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the
neighborhood.
j. At no time after the land became nonconforming was the property under
common ownership with contiguous land, the combination of which
could have been used to reduce or avoid the nonconformity of the land.
3. The applicant must apply for a building permit and receive approval prior to
beginning construction of the swimming pool.
4. Construction of the swimming pool must be completed within 365 days of the
approval.

2
55

BE IT FURTHER RESOLVED that the City Clerk, Deputy City Clerk, or City Attorney
are hereby authorized and directed to record a certified copy of this Resolution with the
Ramsey County Registrar of Titles.

Adopted by the City Council of the City of North Oaks this 25th day of March 2026.

By: ________________________________
Krista Wolter
Its:
Mayor
Attested:

By: ________________________________
Kevin Kress
Its:
City Administrator/City Clerk

3
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Real property located in Ramsey County, Minnesota legally described as follows:
Lot 8, Block 1 Creekside Addition To North Oaks, Ramsey County, Minnesota.

PID: 123023220028

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Bridget M. Nason
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9245 telephone
(612) 337-9310 fax
email: [email protected]

MEMORANDUM

TO:

Mayor and Members of the North Oaks City Council

FROM:

Bridget M. Nason, City Attorney

DATE:

March 23, 2026

RE:
Water and Sanitary Sewer Related Agreements
______________________________________________________________________________
BACKGROUND
City representatives have been actively negotiating three different water and sanitary sewer related
agreements, namely:
1. Joint Powers Agreement Between the Town of White Bear and the City of North Oaks for
Water and Sewer (the “2-Party JPA”)
2. Joint Powers Agreement Between the Town Of White Bear, City of North Oaks, and the
City of Lino Lakes (the “3-Party JPA”)
3. Supplemental Water and Sanitary Sewer Infrastructure Agreement Between the City of
North Oaks and the North Oaks Company (the “Supplemental Infrastructure Agreement”)
The primary purpose of the 2-Party JPA is to finalize the terms by which White Bear Township
will continue to provide water and sanitary sewer service to the properties on the eastern side of
North Oaks currently served by White Bear Township water and sewer. The primary purpose of
the Supplemental Infrastructure Agreement is to provide for the construction of the five water
meters and water meter pits required to be constructed per the terms of the 2-Party JPA and to
further establish a plan for the transfer of the existing water and sanitary sewer facilities owed by
the North Oaks Company to the City. The primary purpose of the 3-Party JPA is to establish the
terms for provision of water and sanitary sewer services by White Bear Township to the Wilkinson
Waters Development in Lino Lakes, which will involve the use of North Oaks sanitary sewer and
water infrastructure.
It is important to note that the City has secured key contributions from the North Oaks Company
(Company) which will enable the necessary water meters and meter pits to be installed as required
by White Bear Township for continued water service. Specifically, the Company has now agreed

90

to install all five of the required meters and meter pits at its sole expense (capped), and to make a
financial contribution to the City of $100,000 to be used for sanitary sewer and water related
expenses.
The Council previously provided conditional approval of earlier drafts of the 2-Party JPA and the
Supplemental Infrastructure Agreement. Following additional negotiations, the terms of those two
agreements have been finalized, and both are ready for final approval by the Council. The 3-Party
JPA is still in the process of being finalized. However, key provisions impacting North Oaks have
been agreed upon, and as such the Council is asked to approve the 3-Party JPA, subject to revisions
approved by the City Administrator and City Attorney.
REQUESTED COUNCIL ACTION
The Council is asked to consider the following motions:
1. Motion to approve the Supplemental Water and Sanitary Sewer Infrastructure Agreement
with the North Oaks Company
2. Motion to approve the 2-Party JPA with White Bear Township
3. Motion to approve the 3-Party JPA with White Bear Township and Lino Lakes, subject to
revisions approved by the City Administrator and City Attorney

2
91

Last Revised 2.20.2026

JOINT POWERS AGREEMENT
BETWEEN
THE TOWN OF WHITE BEAR AND
CITY OF NORTH OAKS FOR WATER AND SEWER
This Joint Powers Agreement (Agreement) is made to be effective the day and year set forth
below between White Bear Township, a statutory township under the laws of the State of Minnesota
(Town) and the City of North Oaks, a municipal corporation under the laws of the State of
Minnesota (City).
RECITALS
WHEREAS, on November 1, 1999 the Town and City entered into a Master Joint Powers
Agreement (Existing Agreement) under which the Town agreed to provide the City with certain
water and sanitary sewer services, and;
WHEREAS, pursuant to the terms of Section 8 of the Existing Agreement, the Town
exercised its right to terminate the Existing Agreement due to its concern about the ability to provide
ongoing water and sanitary sewer services to the City, and subsequent to the Notice of Termination,
both the Town and City have been meeting on a regular basis for the purpose of negotiating an
alternative agreement for providing water service and sanitary sewer service to residents of the City,
and;
WHEREAS, the Town, subject to the terms of this Agreement, agrees to continue to provide
those residents of the City, which the Town currently serves or has agreed in writing to serve, with
water and sanitary sewer services.
PURPOSE
Minnesota Statutes § 471.59 provide that two or more governmental units, by agreement
entered through action of their governing bodies, may jointly, or cooperatively, exercise any power,
to the contracting parties or any similar powers including those which are the same except for the
territorial limits within which they are exercised.
AGREEMENT
Now, therefore, in consideration of the foregoing recitals, and mutual undertakings, set forth
herein, the Town and City agree as follows:
I.

Definitions.

For the purposes of this Agreement, the terms used herein are defined as follows:
A. City Sewer System. All components of the sanitary sewer pipes located in the City that
connect properties located within the City, whether publicly or privately owned. to the
Town Sewer System and to the 6901 MCES Interceptor Line MH 9. City Sewer System
also includes the sanitary sewer main located in Lino Lakes that serves the Rapp Farm
1
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Last Revised 2.20.2026

Development. The City Sewer System does not include service laterals that connect
directly to structures or individual properties to collect sanitary sewer waste from the
structure/property.
B. Town Sewer System. The Centerville Trunk Line and all sanitary sewer pipes that
convey sewage from the Town and connect directly into the MCES Interceptor.
C. City Water System. All components of the water system that provide water to the City
under this Agreement, whether publicly or privately owned, that are located or
constructed in the City, including all water mains, lateral lines, valves, hydrants, and,
upon installation, the large capacity water meters and meter pits. The City Water System
shall include the existing lateral line located in both North Oaks and Lino Lakes that
provides water to City residents in the Rapp Farm development. The City Water System
does not include service laterals that connect directly to structures or individual
properties to provide water directly to the structure/property.
D. Town Water System. All components of the water system that provide water to the City
under this Agreement that are located in the Town or otherwise not part of the City Water
System.
II.

Town Duties and Responsibilities

A. Water to be Provided to Certain North Oaks Properties. The Town agrees to provide
potable water to certain properties located within the City of North Oaks as detailed herein.
The Town agrees that the water provided to the properties in the City will be charged to the
City at a rate equal to one hundred twenty-five percent (125%) of the then-current Tier 1
residential water rate adopted by the Town and charged to its residents for Tier 1 residential
water usage.
The Town shall only be required to provide water to those properties and users located
within the boundaries of the service area shown on the map attached hereto as Exhibit A
(Exhibit A). Service areas are designated as areas to be provided with water, sewer, or both
sewer and water. At the present time the number of residences on properties presently
located within the service area shown on Exhibit A or approved for future construction in
the service area is more than 462; in addition, Exhibit A shows water and sewer service
provided to certain areas considered to be commercial under the East Oaks PDA, as
amended, which includes certain senior living buildings, office spaces, and all other
residences and structures located within the identified service area.
In no event shall the City extend its City Water System in a manner that would utilize water
provided by the Town to properties located outside the boundaries or properties shown on
Exhibit A unless the Town agrees in writing to expand the service area to be served by the
Town.
B. Sanitary Sewer to be Provided to Certain North Oaks Properties. The Town agrees to
provide sanitary sewer waste collection to certain properties located within the City of North
2
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Last Revised 2.20.2026

Oaks as detailed herein. The Town agrees that sanitary sewer services provided to the
properties in North Oaks will be charged to the City at the same rates charged by the Town
to its residents and businesses for sanitary sewer service as shown in the Town’s fee
schedule, as amended; additionally, all required MCES fees attributable to City usage shall
be charged to and paid by City users as apportioned by the Metropolitan Council.
The Town agrees to continue to provide sanitary sewer service to those properties within
the City that are shown on Exhibit A and are connected, or approved for connection, either
directly or through the City Sewer System, to the Town Sewer System. The Town agrees to
allow the existing connections from North Oaks as well as future connections from
properties as shown on Exhibit A to the Town Sewer System and to convey sanitary sewage
to the existing Metropolitan Council regional interceptor.
III.

City Obligations
A. Billing and Payment.
The Town will bill the City directly for all water and sewer charges and costs under
this Agreement.
The City, at its sole expense, shall be responsible for creating and maintaining a
billing system to bill each user of the City Water System supplied with water from
the Town for water use. The Town shall have no responsibility to bill or collect any
outstanding invoices due from users or properties served by water provided by the
Town.
The City, at its sole expense, shall be responsible for creating and maintaining a
billing system to bill each user of the City Sanitary System within the City boundary.
The Town shall have no responsibility to bill or collect any outstanding invoices due
from users or properties within the City boundary.
Nothing herein shall prevent the City from charging users within the City additional
fees for water and sanitary sewer connection or service that the City may retain to
pay for capital improvements, repair and maintenance costs, or any other use,
availability, or connection charges authorized by statute or the City Code with
respect to the City Water System and City Sewer System.
B. City Water System Maintenance Requirements.
The City shall be responsible for ensuring proper maintenance of the City Water
System. The City shall maintain, or cause to be maintained, the City Water System
in good working order in accordance with the American Waterworks Association
standards for water systems. The City shall report to the Town’s public works
director any defects which occur in the City Water System. The City shall have an

3
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Last Revised 2.20.2026

on-call employee or contractor available on a 24-hour basis for City Water System
repairs.
The Town’s Public Works Director, at the Director’s reasonable discretion, shall
have the authority to designate any defect in the City Water System as requiring
emergency repair if the defect will have a significant impact on the use of the Town
Water System by Town residents, or, if the defect will result in an unmonitored use
of Town Water System. An unmonitored use of the Town Water System shall be
defined as a main water break. In the event of an emergency, repair procedures shall
occur as soon as reasonably possible, and nothing herein shall prevent the Town
from taking reasonable and appropriate steps to protect the security of the Town
Water System and the health, safety, and welfare of Town residents. All repairs and
maintenance of the City Water System shall be completed in a reasonable time at the
expense of the City or a third party other than the Town. All repairs, replacements,
and improvements of the Town Water System shall be the responsibility of the Town
and completed at the sole cost of the Town.
If a watermain break requires that other unmetered valves be opened to supply water
during the emergency or repair the following protocol shall be followed:
1. City shall notify the Town Public Works Department on-call staff at 651-7559828 of the watermain break and emergency and desire to open other unmetered
valves (N1-N5, C1-C4, S1-S3).
2. Town Public Works Department shall be afforded the opportunity to meet with
City personnel on-site to open the unmetered valves together as detailed in
paragraph 4 below.
3. During the timeframe of the open unmetered valves, water will not be metered.
Calculation of water use shall be completed by counting the number of units
supplied water during that timeframe and multiplying by the number of hours at
a rate of 15 gallons per hour.
4. If unmetered valves are opened for fire or other emergency, water shall be
measured as shown in Paragraph III(B)(3) above and at 550 gallons per minute
for each hydrant used during the emergency. Town Public Works must be
notified on hydrant use during the emergency and advised regarding the minutes
of use and operation.
5. Once the unmetered valves are ready to be closed, City shall notify the Town
Public Works on call staff and meet on-site to close the unmetered valves and
agree on the number of hours the unmetered valves were open. Regardless of the
emergency or repair, the Town Public Works director or their designee shall be
notified and must be afforded the opportunity to be on-site for any opening or
closing of any unmetered valves at N1-N5, C1-C4, or S1-S3. The Town agrees
to make the Town Public Works Director or their designee available for
4
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Last Revised 2.20.2026

unmetered valve openings or shutoffs within four (4) hours of the City’s request.
If the Town Public Works Director or their designee is unavailable to meet for
the unmetered valve opening or closing, the City may open or close the
unmetered valve without the Town Public Works Director or their designee
present; in such instance, the City will provide photos or videos to the Town
documenting the opening or closing of unmetered valve. The Town may waive
the requirement to be present for any unmetered valve opening or closing in
writing, including via e-mail or text message.
6. The Town and City will regularly review all unmetered valves together.
In the event the waterlines or appurtenances in the City Water System require
modification or replacement, the City, at its sole expense, shall be responsible for
preparing plans and specifications for said modifications or replacements which
plans or specifications shall be provided to the Town Public Works Director prior to
the start of construction. All costs of construction shall be the sole responsibility of
the City or a third party other than the Town.
Both the City and the Town agree to provide notice to the other party’s public works
director via email and/or voicemail prior to commencing any work on each party’s
Water System or Sewer System if such work could impact water or sewer service
provided to either party’s residents served by its Water System or Sewer System.
Such notice shall be provided to the other party’s Director of Public Works via email
and/or phone call and shall be provided with sufficient time for the other party to
take such actions as may be necessary to assess and respond to any impact to its
residents. The City hereby grants the Town a license and permission to make
whatever repairs the Town deems necessary to the City Water System in the event
of an emergency, to the extent that the City has the right to grant this permission, in
light of the private nature of the City’s roads and the existing City Water System.
C. Compliance with Settlement Agreement Terms.
The Town has informed the City that it is subject to the terms of a settlement
agreement reached in the case entitled White Bear Lake Restoration Association ex.
rel. State of Minnesota vs. Minnesota Department of Natural Resources,
Commissioner of the Minnesota Department of Natural Resources Ramsey County
District Court File No. 62-CV-13-2414, which the parties understand may be
modified in the future. The City hereby agrees to adopt the necessary ordinances
enforcing all terms and conditions of the settlement agreement, as it may be
modified, on those users served by water provided by the Town through the City
Water System.
The Town shall monitor water usage by users located within the City under this
Agreement, and in the event said City water usage exceeds the per capita limit set
forth for the Town in the settlement agreement, the Town shall notify the City of said
exceedance, and the City shall take reasonable actions relative to the settlement
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Last Revised 2.20.2026

agreement necessary to cure said exceedance. The Town reserves the right to adjust
the water flow at each of the large capacity water meters, once installed, to bring the
water usage of water users located within the City of North Oaks and supplied by
the City Water System into conformance with the terms of the per capita water usage
in the settlement agreement. Before adjusting said water flow, the Town shall
provide the City with written notice thirty (30) days prior to the Town taking steps
to limit the water flow to the City. Customers served by water from the Town on the
City Water System shall be treated in the same manner as residents of the Town
served by Town water with respect to any limitations on water service or usage. The
City shall provide reasonably available information regarding the number of City
residents residing in properties served by water from the Town for the purpose of
calculating the per capita water usage of City residents served by water provided by
the Town for purposes of determining compliance by the City with the terms of this
Section C.
D. City Sanitary Sewer System Maintenance Requirements.
The City shall be responsible for the maintenance of the City Sanitary Sewer System
at its sole expense, and shall, or shall cause a third party, to maintain the City
Sanitary Sewer System in good working order in accordance with the Town’s
minimum maintenance standards policy for sanitary sewer lines. The Town Sanitary
Sewer System shall be owned and maintained by the Town at the Town’s sole
expense.
The City shall report to the Town’s public works director any defects which occur
in the City Sewer System. The City shall have an on-call contractor or employee
available on a 24-hour basis for City Sewer System repairs. The Town’s Public
Works Director, at the Director’s reasonable discretion, shall have the authority to
designate any defect in the City Sewer System which will have a significant impact
on the use of the Town’s sanitary sewer system by Town’s residents. In the event of
an emergency, repair procedures shall be taken as soon as reasonably possible, and
nothing herein shall prevent the Town from taking appropriate steps to protect the
security of the Town’s systems and the health, safety, and welfare of Town residents.
This shall include but not be limited to the Town making those repairs it deems
necessary to the City Sewer System. It is hereby understood that the City hereby
grants the Town a license and permission to make whatever repairs the Town deems
necessary pursuant to this paragraph D, to the extent the City has the right to grant
this permission, in light of the private nature of the City’s roads and private nature
of the existing City Sewer System. All repairs and maintenance to the City Sewer
System, whether performed by the City, City’s contractor, third parties, or the Town,
shall be completed in a reasonable time at the expense of the City or a third party
other than the Town.
In the event any component of the City Sanitary Sewer System requires modification
or replacement, the City, at its sole expense, shall be responsible for preparing plans
and specifications for said modifications or replacements, which plans or
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specifications shall be provided to the Town public works director in writing prior
to start of construction. All costs of construction, including preparation of plans,
shall be the sole responsibility of the City or a third party other than the Town.
E. Installation of Water Meters and Alternative Water Main.
The Town and the City agree that the City shall take certain additional steps to ensure
accurate metering of water provided by the Town to the City. These additional steps
are described below and depicted on the attached Exhibit B.
1. Installation of Large Capacity Water Meters. On or before December 31, 2026,
at its sole expense, the City shall construct or cause a third party to construct
four (4) meter pits and install four (4) large capacity water meters in the general
locations designated as N2, N4, C1 and S1 on the attached Exhibit B. Upon
completion of installation and acceptance of operability, City will close existing
gate valves at locations N1, N3, N5, C2, S2 and S3. Once accomplished, all
water provided by the Town to the City will be metered, with the exception of
the connection points designated as C3/C4 (limited to one multi-family building
on a master meter until the new trunk line or meter pit are installed; then up to
two multi-family buildings). Until such time as the new trunk line or meter pit
and large capacity meter are installed pursuant to Section 2 below, for water
provided through C3/C4, the City will provide usage rates taken from the one
master meter installed at that connection point as well as documented and
estimated flushing activities.
Following installation, ownership and maintenance of the large capacity water
meters shall be the responsibility of the City. Maintenance shall be completed in
accordance with the manufacturer’s maintenance specifications. The City shall
provide calibration information and related information regarding its
maintenance of the water meters upon request of the Town and at a minimum of
twice per year (March and August). Town is hereby granted access to the water
meters and may periodically inspect them as desired and will notify the City
when the Town wishes to access the meters.
The large capacity meters shall be read by City personnel by the last working
day of each calendar quarter of each year for the purpose of determining water
use. The City shall then report said water usage to the Town within seven (7)
working days from the date the reading was recorded. Individual residential or
master meters shall also be read by City personnel, and all readings will be
supplied to the Town on the same schedule as the large capacity meters. A
quarterly statement for the total water use charge for all City water users served
by water from the Town as calculated by the Town finance department shall be
mailed to the City within fifteen calendar days after the end of each calendar
quarter. Statements shall be due and payable on or before the first day of the
second month following the billing period described in the statement.

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The Town hereby grants the City permission to install the meter pits and water
meters in the general area depicted on the attached Exhibit B and shall take such
other actions as may be required to provide the City with the legal right to install
the meter pits and water meters. To the extent that the meter pits and water meters
are located in Ramsey County right-of-way or on privately-owned property, the
City shall secure the written permission of the underlying fee owner or easement
holder for the City and its agents, including the Town, to access the meter pit
locations prior to installation of the same.
2. Installation of New Trunk Line. On or before December 31, 2027, the City shall
either:
a. Construct, or cause a third party to construct, at its sole expense, a new
trunk line and related water main appurtenances (including laterals, gate
valves, etc.) as generally depicted in Exhibit B, that will connect the area
currently served through C3/C4 to the area served through C1. Upon
completion of installation and acceptance of operability by the Town, the
City will close the gate valves at locations C3 and C4, and all water
serving this area will be metered through connection C1; or
b. Construct, or cause a third party to construct, at its sole expense, a new

meter pit and install a large capacity meter at location C3 and close the
gate valve at location C4. Upon completion of installation and
acceptance of operability by the Town, all water serving this area will be
metered through connections C1 and C3
c. Until this new trunk line is completed, the Town will bill the City for use
based off readings from the Master Meter for Hill Farm Condominiums
served by an unmetered valve until trunk line construction is completed.
3. Other Water or Sanitary System Improvements. Plans for work with the City
Systems shall be provided to the Town for any additional watermain looping,
additional meters, or other revisions to the Water or Sanitary Sewer System
served by the Town prior to work occurring. Amendments to the JPA may be
needed for new water or sanitary system improvements.
4. Expansion of City Water System (Additional Connections). There are capacity
limitations to the Town’s Water and Sanitary Sewer Systems and other water
usage restrictions as noted in paragraph III C. The Town reserves the right to
deny any new connections to these systems not included within the boundaries
shown on Exhibit A. If engineering study is needed to review the capacity of
the system for connections on property located within the City and outside of
the service areas shown on Exhibit A, the Town will hire a consultant for the
study and will bill the cost of the study to the City. It is recognized that the
Town has made a significant investment into its water and sanitary sewer
systems, including but not limited to wells, water treatment, lift stations, and
water or sanitary system distribution piping. Any new user served by this
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system must pay their fair share to access this system. If the City desires to add
additional users of the water or sanitary sewer systems served by the Town, the
following protocol shall be followed:

IV.

a.

City shall notify Town of the new development or new home wishing
to be served by the Town water or sanitary sewer system.

b.

City shall provide the Town with plans for the new home or
development.

c.

Town shall charge the standard connection charges as defined in the
Town Fee Schedule (then in effect) and issue a connection permit for
the work.

d.

Water service to the new development or new home shall not be
turned on until all connection fees have been paid.

Term and Termination
A. Commencement. This Agreement between the Town and City shall commence on
the date on which the last party to this Agreement executes the Agreement.
B. Termination. Either party shall have the right to terminate this Agreement without
cause upon delivery to the other party a written notice of termination. Said notice
shall be effective no earlier than two calendar years from the date set forth on the
written notice.
In the event either party alleges a breach of any term of this Agreement, said
allegation shall be placed in writing and the breaching party shall be given 30-days
to cure the breach, or if not reasonably curable within thirty (30) days, then within
such additionally reasonable time to effect the cure. If the breach is not cured within
that time, then in that event, the party who served the notice of breach shall have the
right to terminate this Agreement upon an additional 180 days’ notice to the other
party. Should a party disagree with the allegation of non-performance, the parties
agree to first mediate the matter; the 180 day termination timeframe shall be stayed
and shall not begin until after completion of mediation.
C. Amendments. No modification or amendment to this Agreement shall be effective
until such time as the proposed modification or amendment is approved by the Town
Board of the Town and the City Council of the City, including but not limited to
amendments related to required capital improvements to the City water system or
City sewer system.
D. Non-waiver. Any failure to raise a breach or non-performance of any term of this
Agreement at the time the breach or non-performance occurs shall not act as a waiver
of said breach or non-performance. The non-breaching party shall have the right to
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raise the breach or non-performance at any time in the future. All obligation of this
Agreement shall continue up to and include the date of termination by either party.
E. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute
one and the same document.
F. Notices. Any and all notices and demands by or from the Town or by and from the
City shall be in writing and shall be validly given or made if served either personally
or deposited in the United States Mail, and certified or registered, postage prepaid,
return receipt requested. If such notice be served personally, service shall be
conclusively deemed and made at the time of such personal service. The such notice
or demand be served by registered mail or certified mail in the manner herein
provided, with a copy of the notice sent via e-mail to the e-mail address shown on
the party’s website for its City Administrator/Town Administrator, and service shall
be conclusively deemed made 48-hours after the deposit thereof in the United States
Mail addressed to the party to whom such notice is to be given. Any notice or
demand to the Town should be addressed to Town Clerk, Town of White Bear, 1281
Hammond Road, White Bear, Minnesota 55110. Any notice or demand to the City
shall be addressed to City Administrator, City of North Oaks, 100 Village Center
Drive, Suite 230, North Oaks, Minnesota, 55127.
G. No Third Party Recourse. Third parties shall have no recourse against the Town or
City under this Agreement.
[The remainder of this document is intentionally left blank.]

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IN WITNESS WHEREOF, the parties have
caused this Agreement to be executed as the
day and year first written above.
WHITE BEAR TOWNSHIP
Dated: __________________________
By: _______________________________
Its: Board Chair
By: _______________________________
Its: Town Clerk

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CITY OF NORTH OAKS
Dated: __________________________
By: _______________________________
Its: Mayor
By: _______________________________
Its: City Administrator/City Clerk

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EXHIBIT A
MAP OF AREAS TO BE SERVED BY WATER, SEWER, OR WATER AND SEWER BY
THE TOWN

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EXHIBIT B
ADDITIONS TO THE EXISTING WATER SYSTEM

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JOINT POWERS AGREEMENT BETWEEN
THE TOWN OF WHITE BEAR,
CITY OF NORTH OAKS, AND THE CITY OF LINO LAKES
This Joint Powers Agreement Between the Town of White Bear, City of North Oaks, and
the City of Lino Lakes (“Agreement”) is made to be effective as of the date listed below between
the Town of White Bear, a statutory township under the laws of the State of Minnesota (“Town”)
and the City of North Oaks, a municipal corporation under the laws of the State of Minnesota
(“North Oaks”) and the City of Lino Lakes, a municipal corporation under the laws of the State of
Minnesota (“Lino Lakes”).
RECITALS
WHEREAS, a developer has proposed the construction of a new development located in
Lino Lakes which requires sanitary sewer and water service;
WHEREAS, the proposed development consists of approximately 70 acres located near
County Road J and Centerville Road, as depicted in Exhibit A, legally described Exhibit B, and
referred to as the “Wilkinson Waters Development” or the “Project Area”; This Project Area is
planned for _____ of single family residential units.
WHEREAS, the Project Area lies within Lino Lakes’ Sanitary Sewer District No. 4 and
water will eventually be provided by Lino Lakes to service the Project Area, though it presently
does not have water or sewer service available from Lino Lakes;
WHEREAS, the Town provides water to North Oaks through a connection point (“Town
Water Delivery Point”) located approximately 2000 feet south of the intersection of Centerville
Road and Wilkinson Lake Boulevard/Ash Street;
WHEREAS, North Oaks, in conjunction with the North Oaks Company, operates and
maintains a water system that has capacity to convey Town-provided water from the Town Water
Delivery Point to the Project Area through pipes, conduits, and other infrastructure identified
herein as the “North Oaks Water System”;
WHEREAS, the Town has a trunk sanitary sewer main (“Centerville Trunk Line”) which
is owned by and located within the Town, and North Oaks, in conjunction with the North Oaks
Company, operates and maintains existing sanitary sewer infrastructure that connects to the
Centerville Trunk Line and has capacity to serve the Project area through a lift station, pipes, and
other sewer infrastructure identified herein for the purposes of this Agreement as the “North Oaks
Sewer System”;
WHEREAS, the parties wish to enter into a joint powers agreement providing for the Town
to supply sanitary sewer services and water to the Project Area as outlined in this Agreement.

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PURPOSE
Minnesota Statutes Section 471.59 provides that two or more governmental units, by
agreement entered through action of their governing bodies, may jointly, or cooperatively, exercise
any power, to the contracting parties or any similar powers including those which are the same
except for the territorial limits within which they are exercised. Here, as outlined herein, the Town,
Lino Lakes, and North Oaks enter into this Agreement for the purpose of providing water and
sanitary sewer services to property located within Lino Lakes.
DEFINITIONS
For the purposes of this Agreement, the following terms shall have the following meanings:
1. Town Water Delivery Point. The connection point between the Town Water System and the
North Oaks Water System located approximately 2000 feet south of south of the
intersection of Centerville Road and Wilkinson Lake Boulevard/Ash Street as shown on
Exhibit C.
2. North Oaks Water System. The water system owned, operated, and maintained by the City
of North Oaks, in conjunction with the North Oaks Company, including all pipes and
related infrastructure, that provides water from the Town Delivery Point, through Lino
Lakes, and to properties located within the Rapp Farm Development.
3. North Oaks Sewer System. The sewer system owned, operated, and maintained by the City
of North Oaks, in conjunction with the North Oaks Company, including Lift Station # 8
and Lift Station # 9, pipes, and other sewer infrastructure, that provides sewer service from
the Centerville Trunk Line through Lino Lakes and to properties located within the Rapp
Farm Development.
4. Town Sewer System. The sanitary sewer system owned, operated, and maintained by the
Town including the Centerville Trunk Line.
5. Town Water System. The water system owned, operated, and maintained by the Town
starting at the Town Water Delivery Point.
6. Wilkinson Waters Sewer System. The sanitary sewer system owned by Lino Lakes that
provides sewer services to the Wilkinson Waters Development starting at its connection
point(s) with the North Oaks Sewer System.
7. Wilkinson Waters Water System. The water system owned by Lino Lakes that provides
water to the Wilkinson Waters Development starting at its connection point(s) with the
North Oaks Water System inside the large capacity water meters located in Lino Lakes,
including the large capacity water meters and meter pits.

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AGREEMENT
Now, therefore, in consideration of the foregoing recitals, and mutual undertakings set forth
herein, the Town, Lino Lakes, and North Oaks agree as follows:
I.

The Town Duties and Responsibilities: Provision of Water and Connection to
Sanitary Sewer System.
A. The Town will provide potable water to the Town Delivery Point which will then
be conveyed through the North Oaks Water System into the Wilkinson Waters
Water System and to the properties in the Project Area. All water provided to the
Project Area shall pass through large capacity water meters which will be installed
in Lino Lakes at the connection points between the North Oaks Water System and
the Wilkinson Waters Water System to measure all water that is provided to the
Project Area. The Town agrees that the water provided to the properties located in
the Project Area will be charged to Lino Lakes at a rate equal to one hundred
twenty-five percent (125%) of the then-current Tier 1 residential water rate adopted
by the Town and charged to its residents for Tier 1 residential water usage.
B. The Town agrees to maintain its water infrastructure located within the Town at its
sole expense.
C. The Town agrees that the properties located within the Project Area will be
connected to the Lino Lakes Sewer System, and that wastewater from those
properties will be conveyed to the Town Sewer System through the North Oaks
Sewer System before ultimately entering the Metropolitan Council’s regional
interceptor. The Town agrees to maintain the Town Sewer System. The Town agrees
to convey sanitary sewer waste from the Wilkinson Waters Development to the
Metropolitan Council regional interceptor through the Town Sewer System.
The Town agrees that sanitary sewer services provided by the Town to the
properties in the Project Area will be charged to Lino Lakes at the same rates
charged by the Town to its residents and businesses for sanitary sewer service as
shown in the Town’s fee schedule, as amended; additionally, all required MCES
fees attributable to Lino Lakes usage shall be charged to and paid by Lino Lakes as
apportioned by the Metropolitan Council based on the wastewater flow adjustment
methodology described in that Memorandum from Emma de Villla titled “Lino
Lakes Wilkinson Waters development and District 4 wastewater planning,” dated
1/28/2026.
D. The Town will bill Lino Lakes directly for all water and sewer charges and costs
under this Agreement. A quarterly statement for the total water use charge for all
Lino Lakes water users served by water from the Town as calculated by the Town
finance department shall be mailed to Lino Lakes within fifteen calendar days after
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the end of each calendar quarter. Statements shall be due and payable on or before
the first day of the second month following the billing period described in the
statement. The Town shall provide North Oaks with a copy of the quarterly
statement provided to Lino Lakes, and will adjust any quarterly water usage and
billing statements between the Town and North Oaks (as agreed under a separate
agreement for water/sewer service between the Town and North Oaks) to reflect a
deduction equal to the Lino Lakes usage.
E. In no event shall Lino Lakes extend water service or sanitary sewer service to
properties located within Lino Lakes but outside the Project Area in a manner that
would require connection to the Town Water System or Town Sanitary Sewer
System unless the Town and North Oaks agree in writing to the extension of such
services beyond the Project Area.
II.

Lino Lakes Duties and Responsibilities.
A. Construction of Water and Sewer Facilities and Billing from the Town.
1. Lino Lakes, through the developer of the Wilkinson Waters Development,
shall construct large capacity water meters located within meter pits in the
Project Area at the locations shown on Exhibit C. Ownership, repair, and
maintenance of the water meters and meter pits identified on Exhibit C shall
be the responsibility of Lino Lakes. The large capacity meters shall be read
by Lino Lakes personnel by the last working day of each calendar quarter
of each year for the purpose of determining water use. Lino Lakes shall then
report said water usage to the Town within seven (7) working days from the
date the reading was recorded. A copy of this report shall be sent
simultaneously to North Oaks.
2. It is recognized that the Town has made a significant investment into its
water and sanitary sewer systems, including but not limited to wells, water
treatment, lift stations, and water or sanitary system distribution piping. Any
new user served by this system must pay their fair share to access this
system. Lino Lakes will collect from the property owners/developers of
property within the Project Area a per-unit hook-up fee at the time each
development is approved unit which is connected to the Town Water and
Sanitary Sewer System, which will be turned over to the Town. The hookup fees shall be established by the Town, and may be adjusted annually by
Town Board resolution and would include the following:
•
•
•
•

Utility Connection Charge per Unit – Sewer (2026 rate $9,950)
Utility Connection Charge per Unit – Water (2026 rate $9,950)
Town Sewer Availability Charge per Unit (2026 rate $600)
Town Water Availability Charge per Unit (2026 rate $2,440)

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The development must apply and receive a connection permits for each
development based each unit planned within the development from the
Town for the water and sewer connections. Water service to the new
development or new home shall not be turned on until all connection fees
have been paid.
Such fees shall be based upon the same rate charged for similar services
furnished by the Town for property lying with the Town. Said fee shall be
in addition to the Trunk Utility Connection fee established by Lino Lakes
and collected with each unit connection.
3. Lino Lakes shall be responsible for collecting the MCES Sewer Availability
Charges (SAC) fees from all properties prior to connection to the Wilkinson
Waters Sewer System. MCES SAC fees shall be paid directly to the
Metropolitan Council.
4. There are capacity limitations to the Town’s Water and Sanitary Sewer
Systems and other water usage restrictions as noted in Paragraph IV. The
Town reserves the right to deny any new connections to these systems not
included within the boundaries shown on Exhibit A. If engineering study is
needed to review the capacity of the system for connections on property
located within the City and outside of the service areas shown on Exhibit
A, the Town will hire a consultant for the study and will bill the cost of the
study to the City of Lino Lakes. It is anticipated that future development in
Lino Lakes outside of the Project Area, but within Lino Lakes Sewer
Subdistrict 4D, will occur, and that such future development will be
connected to the Town Sewer System through the North Oaks Sewer
System. As noted above, no such connection to the Town Sewer System
may occur unless both North Oaks and the Town agree in writing to such
connections. Lino Lakes and North Oaks agree that if such future
connections are approved, and if the estimated sewage flows from all
properties located in Lino Lakes exceeds 100,000 gallons a day, Lino Lakes
will install a new large MCES meter and lift station north of Waverly
Gardens (the “New Lino Lakes Lift Station”) at its sole cost and expense or
will pay for the necessary upgrades to Lift Station # 8 prior to such
connections being made. Lino Lakes and North Oaks agree to mutually
determine whether to upgrade Lift Station # 8 or proceed with installation
of the New Lino Lakes Lift Station. At the time of any such additional
connections, Lino Lakes will take over ownership and maintenance of Lift
Station # 9 if requested by North Oaks, and North Oaks shall have the
opportunity to direct sewage flows from Rapp Farm and the Waverly
Gardens area to the New Lino Lakes Lift Station, if constructed. The parties
agree that this Agreement will be updated at that time to reflect revised
maintenance obligations and cost share responsibilities between Lino Lakes
and North Oaks.

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B. Billing and Payment.
1. Lino Lakes, at its sole expense, shall be responsible for creating and
maintaining a billing system to bill each user within the Project Area for
water use. The Town shall have no responsibility to bill or collect any
outstanding invoices due from properties served by water provided by the
Town.
2. Lino Lakes, at its sole expense, shall be responsible for creating and
maintaining a billing system to bill each user within the Project Area for
sanitary sewer use. The Town shall have no responsibility to bill or collect
any outstanding invoices due from properties served by the Town Sewer
System.
3. Nothing herein shall prevent Lino Lakes from charging users within Lino
Lakes additional fees for water and sanitary sewer service that Lino Lakes
may retain to pay for capital improvements, repair and maintenance costs,
or any other use, availability, or connection charges authorized by statute
with respect to the Wilkinson Waters Water System and Wilkinson Waters
Sewer System.
C. Lino Lakes Maintenance Requirements for Wilkinson Waters Water and Sewer
Systems and Large Capacity Water Meters.
1. Lino Lakes shall be solely responsible for maintenance of the Wilkinson
Waters Sewer System and the Wilkinson Waters Water System, including
the large capacity water meters. Lino Lakes shall maintain the same in good
working order in accordance with the American Waterworks Association
standards for water systems and the Town’s minimum maintenance
standards for sanitary sewer lines. Lino Lakes shall report to the Town’s
public works director any malfunction, misread, miscalibration or other
defects in the large capacity water meters. Lino Lakes shall have an on-call
employee or contractor available on a 24-hour basis for Wilkinson Waters
Water System repairs. The Town’s Public Works Director, at the Director’s
reasonable discretion, shall have the authority to designate any defect in the
Wilkinson Waters Water System as requiring emergency repair if the defect
will have a significant impact on the use of the Town’s Water System by
town residents, or if the defect will result in an unmetered use of water from
the Town Water System. Lino Lakes shall complete maintenance of the large
capacity water meters in accordance with the manufacturers’ maintenance
specifications. Lino Lakes shall provide calibration information and related
information regarding maintenance of the meters upon request to the Town
or North Oaks, and at a minimum of once per year. If a meter is found to be
off by more than five percent (5%), Lino Lakes agrees to implement twice
a year calibration of such meter until there are two (2) consecutive readings
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where the meter is off by less than five percent (5%). North Oaks and the
Town are hereby granted access to the large capacity meters for inspection
purposes.
D. Lino Lakes Responsibility for Maintenance of and Proportionate Share of Costs for
North Oaks Water and Sewer Systems.
1. Notwithstanding the ownership and location of the North Oaks Sewer
System, Lino Lakes agrees to maintain that portion of the North Oaks Sewer
System, including the sanitary sewer force main and pipes, between Lift
Station # 8 (the Waverly Gardens Lift Station) and Lift Station # 9 (the Rapp
Farm Lift Station). Maintenance shall be provided as detailed on Exhibit D.
2. Notwithstanding the ownership and location of the North Oaks Water
System, Lino Lakes agrees to maintain that portion of the North Oaks Water
System located in Lino Lakes. Maintenance shall be provided as detailed on
Exhibit D.
3. In exchange for Lino Lakes’ maintenance of that portion of the North Oaks
Sanitary Sewer System and North Oaks Water System described above,
North Oaks agrees to maintain the North Oaks Sewer System from Lift
Station # 8 to the point of connection with the Town Sanitary Sewer System.
Maintenance shall be provided as detailed on Exhibit D.
4. In the event that repairs, replacements, upgrades, or other improvements
exceeding $2,000 (a “Capital Improvement”) are required to Lift Station #
8, that portion of the North Oaks Sanitary Sewer System from Lift Station
# 8 to the point of connection with the Wilkinson Waters Sanitary Sewer
System, or that portion of the North Oaks Water System from the Town
Water Delivery Point to either of the large capacity water meters located in
Lino Lakes serving the Wilkinson Waters Development, Lino Lakes and
North Oaks agree that each will be responsible for paying a proportionate
percentage of the costs of the Capital Improvements.
The “proportionate percentage” of any Capital Improvement expenses shall
be calculated based on the number of SAC units for each building or
structure connected to the North Oaks Sewer System. By way of example,
if the buildings or structures on properties located within North Oaks and
connected to the North Oaks Sewer System had a total of 60 SAC units
assigned to them, and the buildings or structures on properties located
within Lino Lakes and connected to the North Oaks Sewer System had a
total of 40 SAC units assigned to them, North Oaks would be responsible
for 60% of the Capital Improvement Expenses and Lino Lakes would be
responsible for 40% of the Capital Improvement Expenses.

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5. Lift Station # 8 has been studied and found to have sufficient capacity to
accept the anticipated sanitary sewer flows from the Wilkinson Waters
Development. If at any time it is determined that the lift station cannot in
fact handle the flow from the Wilkinson Waters Development, the lift station
shall be upgraded in order to handle the flow from the Wilkinson Waters
Development at the sole expense of Lino Lakes.
6. Except as identified above, the cost of any repairs, replacements, upgrades,
or improvements to the North Oaks Water System or the North Oaks Sewer
System shall be the sole responsibility of North Oaks.
III.

North Oaks Duties and Responsibilities.
A. North Oaks agrees that water from the Town will be provided to the properties
within the Project Area via the North Oaks Water System and that properties
located within the Project Area will be connected to the Town Sewer System
through the North Oaks Sewer System.
B. North Oaks and Lino Lakes agree to maintain the North Oaks Water and
Sanitary Sewer Systems as detailed herein and on Exhibit D.

IV.

Effect of Settlement Agreement.
The Town has informed Lino Lakes that it is subject to the terms of a settlement
agreement reached in the case entitled White Bear Lake Restoration Association ex. rel.
State of Minnesota vs. Minnesota Department of Natural Resources, Commissioner of
the Minnesota Department of Natural Resources, Ramsey County District Court File
No. 62-CV-13-2414. Lino Lakes hereby agrees to adopt the necessary ordinances
enforcing all terms and conditions of the settlement agreement as it relates to the Project
Area. The Town shall monitor water usage by the residents within the Project Area. In
the event said water usage exceeds the limit set forth in the settlement agreement, the
Town shall notify Lino Lakes of said violation and Lino Lakes shall take all actions
necessary to cure said violation. The Town reserves the right to adjust the water flow
at each of the large capacity water meters located in Lino Lakes to bring Lino Lakes
into conformance with the terms of the settlement agreement. Before adjusting said
water flow, the Town shall provide Lino Lakes with written notice 30 days prior to the
Town taking steps to limit the water flow to Lino Lakes. Lino Lakes shall provide
reasonably available public information regarding the number of Lino Lakes residents
residing in properties served by water from the Town for the purpose of calculating the
per capita water usage of Lino lakes residents served by water provided by the Town
for purposes of determining compliance by Lino Lakes with the terms of this Section.

V.

Miscellaneous Terms.

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A. Commencement. This Agreement between the Town, Lino Lakes, and North Oaks
shall commence on the date on which the last governing body approves the
Agreement.
B. Water Term. This Agreement shall have a term of ten years as it relates to the
provision of water by the Town to the Project Area (“Initial Water Term”), with an
option by Lino Lakes for two additional renewal terms of five years each (the
“Water Renewal Terms”). The Initial Water Term and Renewal Water Terms may
be collectively referred to as the “Water Term.” At any point prior to the expiration
of the Initial Water Term, Lino Lakes may provide written notice to the Town and
North Oaks that it is exercising its first option for a five-year Renewal Water Term.
Lino Lakes may exercise its second option for a five-year Renewal Water Term by
providing written notice to the Town and North Oaks at least one year prior to the
expiration of the first five-year Renewal Water Term.
C. Termination of Water Term. Following the Initial Water Term, any party shall have
the right to terminate this Agreement as it relates to the provision of water by the
Town to the Project Area without cause upon delivery to the other party a written
notice of termination. Said notice shall be effective three calendar years from the
date set forth on the written notice. This timeline may be waived by mutual
agreement of the parties.
In the event either party alleges lack of performance by the other party, said
allegation shall be placed in writing and the non-performing party shall be given
30-days to cure the non-performance. If non-performance is not cured within that
time, then in that event, the party who served the notice of non-performance shall
have the right to terminate this Agreement immediately.
Upon the termination or expiration of the Water Term, the Sanitary Sewer Term
shall remain in full force and effect as provided for herein.
D. Sanitary Sewer Term. This Agreement shall have a term of ninety-nine (99) years
as it relates to the provision of sanitary sewer services to the Project Area (“Sanitary
Sewer Term”). Upon the expiration of the Sanitary Sewer Term, the parties may
voluntarily enter into a renewal or extension by separate written agreement. The
Sanitary Sewer Term may only be terminated by mutual written agreement of the
parties.
E. Notice. Any and all notices and demands relating to this Agreement shall be in
writing and shall be validly given or made if served either personally or deposited
in the United States Mail, and certified or registered, postage prepaid, return receipt
requested. If such notice be served personally, service shall be conclusively deemed
and made at the time of such personal service. The such notice or demand be served
by registered mail or certified mail in the manner herein provided, and service shall
be conclusively deemed made 48-hours after the deposit thereof in the United States
Mail addressed to the party to whom such notice is to be given. Any notice or
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demand shall be addressed as follows, or to such other address as a party may
provide the other parties in writing:
To the Town: Town Clerk
Town of White Bear 1281 Hammond Road
White Bear Township, MN 55110
To North Oaks: City Clerk
City of North Oaks
100 Village Center Drive, Suite 150 North Oaks, MN 55127
To Lino Lakes: City Clerk
City of Lino Lakes
600 Town Center Parkway Lino Lakes, MN 55014
F. Amendments. No modification or amendment to this Agreement shall be effective
until such time as the proposed modification or amendment is approved by the
Town Board of the Town and the City Councils of Lino Lakes and North Oaks.
G. Non-waiver. Any failure to raise a breach or non-performance of any term of this
Agreement at the time the breach or non-performance occurs shall not act as a
waiver of said breach or non-performance. The non-breaching party shall have the
right to raise the breach or non-performance at any time in the future. All obligation
of this Agreement shall continue up to and include the date of termination by either
party.
H. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which taken together shall constitute
one and the same document.
I. No Impact on White Bear Township/North Oaks Joint Powers Agreement. The
Parties agree that the purpose of this Agreement is to outline the terms and
conditions related to providing water and sewer service to the properties located in
the Project Area. The Parties acknowledge that the Town provides water and sewer
service to North Oaks pursuant to a separate Joint Powers Agreement (the “Two
Party JPA”). Nothing in this Agreement is intended to modify or supersede any of
the terms of that Two Party JPA, with the exception of the North Oaks Water and
Sewer System cost and maintenance obligations imposed on Lino Lakes by this
Agreement and the requirements imposed on Lino Lakes related to the Wilkinson
Waters Water and Sewer Systems.
J. Termination of Existing Three-Party Joint Powers Agreement. The Town, Lino
Lakes, and North Oaks previously executed that Rapp Farm Master Joint Powers
Agreement Between the Town of White Bear, the City of Lino Lakes, and The City
of North Oaks, effective June 1, 2004 (the “Prior Three-Party Agreement”). The
Parties hereby agree that that Prior Three-Party Agreement shall be terminated
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effective as of the date this Agreement is executed by all Parties and becomes
effective.
K. No Third-Party Recourse. Third parties shall have no recourse against the Town, Lino
Lakes, or North Oaks under this Agreement.

[The remainder of this page is intentionally left blank.]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as the day and
year first written above.
TOWN OF WHITE BEAR
Dated: __________________________

By: _______________________________
Its: Board Chair
By: _______________________________
Its: Town Clerk
CITY OF NORTH OAKS

Dated: ______________________________

By: _______________________________
Its: Mayor
By: _______________________________
Its: City Clerk

CITY OF LINO LAKES
Dated: ___________________________

By: _______________________________
Its: Mayor
By: _______________________________
Its: City Clerk

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Exhibit A
Depiction of the Project Area

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Exhibit B
Legal Description of the Project Area
The East Half of the Southeast Quarter of the Southeast Quarter (E1/2 SE1/4 of SE 1/4) of
Section 34, Township 31, Range 22, East of St. Paul Water Works, Anoka County, Minnesota.
AND
That portion of Government Lot 5, Section 35, Township 31, Range 22 West, lying west of the
centerline of Centerville Road, Anoka County, Minnesota.
AND
Except the South 300 feet thereof, and except the North 170 feet of the South 470 feet of the East
210 feet thereof of the Southwest Quarter of the Southeast Quarter (SW1/4 of SE1/4) and Except
the South 470 feet of the Southwest Quarter of the Southeast Quarter of the Southeast Quarter
(SW1/4 of SE l/4 of SE 1/4): that part of the West three-quarters of the South half of the
Southeast one-quarter (W3/4 S1/2 SE1/4) Section 34, Township 31, Range 22 lying southeasterly
of the presently existing Water Department right-of-way (meaning thereby the right-of-way
easement for conduit purposes of the St. Paul Board of Water Commissioners), Anoka County,
Minnesota.
AND
The South Four Hundred Seventy (470) feet of the Southwest Quarter of Southeast Quarter of
Southeast Quarter (SW1/4 of SE1/4 of SE1/4) of Section Thirty-four (34), Township Thirty-one
(31) North, Range Twenty-two (22) West and also the South Four Hundred Seventy (470) feet of
the East Two Hundred Ten (210) feet of the Southwest Quarter of Southeast Quarter (SW1/4 of
SE1/4) of said Section Thirty-four (34): and also, except the East Two Hundred Ten (210) feet,
all that part of the South Three Hundred (300) feet of the Southwest Quarter of Southeast Quarter
(SW1/4 of SEl/4) of said Section Thirty-four (34) lying Easterly of St. Paul Water Works right of
way; and also all that part of the South Twenty-five (25) feet of the Southwest Quarter of
Southeast Quarter (SW1/4 of SE1/4) of said Section Thirty-four (34) lying Westerly of said right
of way; and also all that part of the South Twenty-five (25) feet of the Southeast Quarter of
Southwest Quarter (SE1/4 of SWl/4) of said Section Thirty-four (34) lying Easterly of the
County Road, Anoka County, Minnesota.

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Exhibit C
Depiction of the location of the water and sewer lines in Lino Lakes, North Oaks and White
Bear Township.

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Exhibit D
Annual Maintenance Schedule

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February Month in Review
February 2026

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Another round of association ash trees was marked around Pleasant and Deep Lake.
These trees are more on the private side of the trail. A total of 54 ash trees as well as an
additional 13 hazard trees were marked for removal.
We responded to homeowner calls with regards to tree concerns and provided tree care
advice at 64 West Pleasant Lake Rd.
All diseased oak trees from 2025 have been removed. This limits the potential overland
spread of oak wilt.
Inquired with the county about allowing the Association to be able to use the Sherwood
Rd site for tree debris disposal. Was informed that the site is already at capacity and
that Cities are no longer allowed to use the site, but that the county is looking for
solutions.
Approved tree care vendors to be added the arborist list.

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Ramsey County Sheriff’s Office
Public Safety Report: North Oaks
FEBRUARY 2026

Deputy Craig Lydon
651-755-8089 [email protected]
CALLS FOR SERVICE: 129
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44 MEDICAL CALLS
8 FIRE CALLS
5 TRAFFIC STOPS
o 4 ACCIDENTS

NOTABLE CALLS:
•

DRUNK DRIVER – 02/10/2026 (CN# 26-006-095) AT APPROXIMATELY 1431 HOURS
DEPUTIES WERE CALLED TO THE 60 BLOCK OF WEST PLESANT LAKE RD ON REPORT OF A
SINGLE VEHICLE ACCIDENT WITH AN UNRESPONSIVE DRIVER. DEPUTIES ARRIVED ON
SCENE AND WERE ABLE TO ROUSE THE DRIVER AND ASSITTED IN GETTING THEM AID
FROM FIRE AND PARAMEDICS. DEPUTIES OBTAINED A WARRANT FOR A BLOOD DRAW
TO DETERMINE IF THE DRIVER WAS IMPARIED AND HAS SUBMITTED THE CASE FOR
CHARGING. NO OTHER PARTIES WERE INVOLVED IN THE CRASH, DRIVER SUFFERED
MINOR INJURIES.

•

THEFT BY SWINDLE – 12/12/2026 (CN# 26-006419) AT APPROXIMATELY 1200 HOURS
DEPUTIES WERE DISPATCHED TO THE AREA OF THE 20 BLOCK OF BLUE JAY LANE ON
REPORT OF A THEFT BY SWINDLE. A DUMPSTER SERVICE CALLED TO REPORT THAT THEY
BELIEVED THE HOMEOWNER BOOKED A DUMPSTER THROUGH A THIRD PARTY FROM
FACEBOOK WHO TOOK PAYMENT AND THEN ORDERED A DUMPSTER WHICH THEY
NEVER INTENDED TO PAY FOR. THE HOMEOWNER WAS CONTACTED AND IT WAS
DETERMINED IT WAS IN FACT THE CASE. CONTACT WAS ARRANGED BETWEEN THE
HOMEONER AND DUMPSTER SERVICE TO FIND A REMEDY. A REPORT HAS BEEN
WRITTEN AND FORWARDED TO INVESTIGATIONS.

•

CRIMINAL DAMAGE TO PROPERTY – 02/26/2026 (CN# 26-008-732) AT APPROXIMATELY
1540 HOURS DEPUTIES WERE DISPATCHED TO 700 VILLAGE CENTER DR ON REPORT OF
CRIMINAL DAMAGE TO PROPERTY. A PASSERBY OBSERVED TWO JUVINILES SPRAY
PAINTING A BUSINESS SIGNE AT THE INTERSECTION, CALLED 911 AND PROVIDED A
DESCRIPTION AND STAYED IN THE AREA UNTIL DEPUTIES APPREHENDED THE JUVENILES

SAFTEY TIP(S) – SPRING IS HERE (FOR NOW) WATCH FOR INCREASED FOOT TRAFFIC AND KIDS!

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