City Council Workshop
Regular MeetingOakdale, MN · September 13, 2022
Minutes
WORKSHOP MINUTES
OAKDALE CITY COUNCIL
September 13,2022
The City Council held a workshop on Tuesday, September 13, 2022 at Oakdale City Hall, 1584
Hadley Avenue North, Oakdale, Minnesota. The meeting began at 5:30 PM.
Present: Mayor Paul Reinke
Council Members: Jake Ingebrigtson
Susan Olson
Colleen Swedberg
Kevin Zabel
City Staff Members: Christina Volkers, City Administrator
Katie Robinson, Deputy City Clerk
Jason Zimmerman, Finance Director
Nick Newton, Police Chief
Kevin Wold, Fire Chief
Andrew Gitzlaff, Community Development Director
Jim Romanik, Public Works Manager
Luke McClanahan, City Planner
Loren Cota, Forestry/Env. Services Superintendent
Other: Nick Kantola, Tree Board
Andy Morcomb, Guest (Council Candidate)
Dallas Pierson, Tree Board
Marge Sagstetter, Tree Board
Prior to any presentations and/or discussion, Mayor Reinke reminded the Council, staff and guests
these workshop meetings are for information gathering, question clarifying, and no decision making
will be made as a Council body.
Mayor Reinke began by thanking everyone from the Police Department, Fire Department, Public
Works Department, Washington County Sheriff Department, Washington County Library, Fed-Ex,
Tennis and all the companies/vendors who coordinated and participated in the Touch a Truck event.
TREE BOARD INTERVIEW – MICHAEL BENDER
Mayor Reinke welcome Michael Bender to the meeting and thanked him for attending and explained
the process is just to have a conversation about him and his interest in the Tree Board.
Mr. Bender has been a resident of Oakdale for 38 years. His experience includes working for Park
Nursey for 27 years, Bailey Nurseries for 19 years and retired from there five years ago.
Council Member Zabel asked Mr. Bender to explain one of his answers in the interview questions
regarding “Why do you want to serve on the Tree Board”. Mr. Bender’s answer was ‘disagreement
with how buckthorn is dealt with’. Mr. Bender went on to state that it is not really a disagreement,
WORKSHOP MINUTES
SEPTEMBER 13, 2022
PAGE TWO
but something he wanted to bring to attention because at the last Tree Board that best time to do
buckthorn removal is the fall because they are the last things that lose their leaves and they are
easy to spot. However, he said they are full of berries, so when they are drag them across the
ground, the berries seed that ground.
Council Member Ingebrigtson mentioned he feels Mr. Bender certainly seems qualified for the Tree
Board.
Mr. Bender explained that when he applied for the Tree Board he was hoping that all of the
experience he has had with his work history would be helpful on the Board.
Mayor Reinke explained that all of the commissions have a council liaison and he is the liaison for
the Tree Board and he believes the sentiment here is positive and looks forward to getting to know
Mr. Bender. He also stated at the next Council meeting the official approval would be done.
DISCUSSION OF TREE BOARD VACANCY
Mayor Reinke asked Council for any other comments in regard to the interview of Michael Bender.
All council members are in favor of Mr. Bender.
HOM FURNITURE BREWPUB
City Planner Luke McClanahan began his presentation by stating this is an opportunity for an
informal discussion and getting feedback from the Council on the HOM furniture’s proposed
development.
Mayor Reinke noted that these workshops are not a formal action body, but rather a chance to talk,
interact and provide personal comments and thoughts then bring the request forward to the Council
or Planning Commission for official action.
Mr. McClanahan explained the location of the site is on the west side of Helmo Avenue North with
two access points via private drive that connects to Helmo Avenue North and 10th Street North. The
use proposed is a brewery and restaurant sharing the same space and is located in the southeast
portion of the HOM Furniture building. The C2 zoning district allows for Taverns and Restaurants.
To enable the production of alcohol and outdoor live music events on the site, the applicant will
need to obtain a Conditional Use Permit (CUP).
Council Member Zabel stated he believed that there is already an ordinance that talks about alcohol
production. Other Council members stated that the ordinance Council Member Zabel is referring to
is for distilleries. City Administrator Volkers replied that she will work with legal to have that
ordinance updated to include breweries.
Community Development Director Andy Gitzlaff clarified that the code lays out special uses that are
prohibited and permitted and it gives council the authority to approve other uses that are consistent
with the district through a special use permit. The council prefers an ordinance change as that was
requested a while ago.
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SEPTEMBER 13, 2022
PAGE THREE
Mr. Gitzlaff also stated the Community Development Department has used conditional use permits
as a vehicle with conditions around it and this could be the same situation to avoid a code
amendment.
Mr. McClanahan stated in terms of building code, there are certain considerations the developer
will have to keep in mind, such as; a sprinkler system, sufficient exits for the restaurant and brewery,
and that staff would need more detail on the outdoor seating and events. Also, there is an existing
hydrant, water line and drainage and utility easement in the proposed outdoor patio. The parking
requirements should be able to be met but a final employee count will be needed to determine that.
Mr. McClanahan mentioned as part of the Site Plan application, a traffic study will need to be
provided by the applicant to ensure issues with traffic will be mitigated. It is the City’s expectation
that the applicant should contribute towards the costs for improvements to the intersection of
Helmo Avenue North and the private drive to improve pedestrian safety and access to the site. He
also pointed out that the applicant will need to obtain the proper licensing to produce and sell
alcohol on site through the State of Minnesota and the City, respectively.
HOM Furniture, Gabberts, Dock86, Real Estate Director John Pierce began his presentation to
council by reviewing a little more detail of the request. He stated the proposed plan will be about
10,000 sq. ft. and will eventually house the brewery, restaurant, kitchen, and event space. The
outdoor/patio area will also be a 10,000 sq. ft. space. He and his colleagues did research on local
breweries in neighboring towns to see what works and what does not. Many of the businesses they
visited are moving toward outdoor entertainment, stating most of their revenue comes from the
summer months.
Mr. Pierce shared that the idea is to have an outdoor concert series, of course abiding by noise
restrictions as a residential community is nearby. However, if the outdoor music is not an option,
they are okay with that as well. He then presented a rough draft of the layout of the indoor and
outdoor space via a PowerPoint presentation. He stated that as an owner we want to build it
ourselves and will choose the brewer and the restaurateur. The plan once they complete their
idea/concept is to meet with an architect to get drawings and use those as a selling tool when
searching for the brewer and restauranteur. The look and feel of the space will be geared toward
high-class, orderly, inviting, open free flowing with garage doors and picnic tables.
Mr. Pierce then asked the group what they like and / or what they don’t like about the concept.
Mayor Reinke thanked Mr. Pierce for his time and told him it is a great concept and it seems like he
is hitting the most popular and effective attributes to open such a business. He continued to say
the only thing he is worried about is the music aspect while being respectful to the resident’s
northeast of the area. Overall, he likes the concept.
Council Member Olson asked Mr. Pierce if there is a separate entrance apart from the furniture
store. He responded yes, and those will be finalized when the designs are complete. She then
asked about the entrance from 10th Street North. City Administrator Volkers replied that the City
has HOM Furniture support keeping that open while the city and legal is working through this with
MnDOT.
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SEPTEMBER 13, 2022
PAGE FOUR
Council Member Zabel stated he likes the concept and thinks it’s a perfect use for that space. As
far as the noise, he stated he is not sure our code adheres to ongoing outdoor amplified music so
the City may need to figure out a mechanism so the developer would not have to come in and apply
for some type of permit every time they have an event. He then asked Mr. Pierce if there anything
he has seen in the code that might be helpful if it was adjusted to which Mr. Pierce replied not at
this point, but the parking requirement for the furniture store remains an issue.
Council Member Olson brought up the topic of the noise and the concern for the neighboring Animal
Emergency and Referral Center. She stated the live music could be stressful for any boarded and/or
sick animals there. Mr. Pierce reiterated that the live music idea is not a definite, but he did already
have a conversation with the CFO of animal hospital and she had no issue with the overall concept
plan.
Council Member Swedberg mentioned it may depend on the type of music that is played and Mr.
Pierce replied it would be acoustical and not a whole band.
Mayor Reinke asked Mr. Pierce about timing of the plan. Mr. Pierce replied if everything is a “go”,
then the goal is to have the project completed within a year. Mayor Reinke then asked if Council
had any other questions. The group all said it’s a great plan and are generally supportive.
PROPOSED NEW POLICY MIS-022 – TEMPORARY USAGE OF CITY-OWNED REAL PROPERTY
Community Development Director Andy Gitzlaff began his presentation stated that this is the second
time he had brought this to the group for discussion, the first-time being August 23, 2022. During
the first meeting the direction was to bring back a draft policy for potential consideration and
research on how other cities handle temporary use of city owned property.
Mr. Gitzlaff continued by covering some highlights of the draft policy. Some of the highlights are;
the definition of temporary is ‘not’ permanent and less than two years, the city would need to recoup
the cost of any administration fees for usage permits, and no lease fees are identified. He states
that staff recommends a charged lease fee for any use that does not provide any public benefit or
is longer than two years. Examples of public benefit may include but no limited to; uses that avoid
wear and tear on city roads, reduce construction to neighboring property or support a public
construction project. Also, the applicant/requester must demonstrate the public benefit and the
Economic Development Authority (EDA) or City Council will approve the overall agreement,
depending on the site (i.e. if EDA owns land they approve).
Another highlight Mr. Gitzlaff pointed out is that the policy would include language for usage of
property for construction materials and trailers, which would be up to 180 days / 6 months, which
is the typical permitted process with the ability to get an extension if needed. Council Member Zabel
asked Mr. Gitzlaff why six months is the determining factor. Mr. Gitzlaff explained that a
construction season is typically six months and that timeframe was per the guidance of the city’s
building official.
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SEPTEMBER 13, 2022
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Mr. Gitzlaff continued with the policy highlights saying if an application came in under this
agreement, staff would review based on the criteria and if it did not meet the criteria, the City
Administrator would have the ability to say no. If it does meet the criteria it will have to go through
Council or EDA for approval as noted prior.
Mayor Reinke stated it seems like a pretty complete policy and asked the other Council Members if
they had any questions.
Council Member Olson as if an applicant is required to clean up any mess/debris they may leave in
the road traveling to and from a construction site. Mr. Gitzlaff replied no, however with any
construction project there are road restrictions that need to be complied with.
Public Works Manager Jim Romanik mentioned that every applicant for a construction project needs
to have a Stormwater Pollution Prevention Plan (SWPPP) plan as part of their project outline which
would cover clean-up of roadways.
Mayor Reinke asked that the information be added to the draft policy.
Council Member Zabel asked if this policy would prevent the use of city land for ‘for’ profit sales,
such as selling of goods?
City Administrator Volkers stated the selling of goods would not be allowed and that should be
added to the draft policy. She then asked the group if they are in support of the policy, to which all
agreed.
COUNCIL TOPICS
Council Member Zabel shared that all of our city commissions allow for student participation in a
non-voting capacity, however, there is not a process to interview them and asked if a process should
be outlined and followed. After a brief discussion the group agreed that having the staff liaison
speak with the interested student would suffice as an interview process.
City Administrator Volkers said that she thinks it would be beneficial to solicit for this type of
participation by students in the local schools.
Council Member Swedberg asked if the city tracks when businesses close. City Administrator
Volkers replied no, business closings are not tracked. Council Member Swedberg also brought up
the topic of scheduling meetings with each commission with council, if the council thinks this is
beneficial and if anyone is aware whether or not commission members are interested in such
meetings. City Administrator Volkers shared that she is getting mixed feedback from commissions
on the topic. After further discussion, the group decided to not schedule any meetings at this time,
but to offer an appreciation business dinner with them.
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SEPTEMBER 13, 2022
PAGE SIX
Council Member Olson brought up that some of the public is not aware that they do not need a
license for their dog anymore because on the website the dog park FAQ it says they need a license.
City Administrator Volkers replied that will be corrected.
Mayor Reinke briefly brought up the Special Use Funds and the Police Department and Public Works
Departments projects the city has coming up. City Administrator Volkers stated that will be a future
discussion when further information is available.
City Administrator Volkers shared her concerns with council in regard to vehicle replacement. She
explained that there is a lengthy lag time when ordering/receiving vehicles. The current wait time is
up to 18 months (after you order it). However, she shared knowledge of a Ford vendor that has
some vehicles on hand that can be ordered now at the 2022 rate and paid for in 2023. She asked
for permission to order four vehicles that are slated to be purchased in 2023 because if we wait,
not only does it push out the arrival time, but the contracted price will change to the 2023 rates.
The group agreed to move forward with the ordering of the vehicles.
Mayor Reinke shared a resident’s concern with traffic on Greenway coming from Tartan High School.
No action was discussion, he just wanted to make it known there is concern at this point.
ADJOURNMENT
The workshop was adjourned at 6:41pm.
Respectfully submitted,
Katie Robinson
Deputy City Clerk
Agenda
AGENDA
City Council Workshop
Workshop
September 13, 2022
HADLEY CONFERENCE ROOM
5:00 PM Touch A Truck – Council Participation with Community
5:30 PM Tree Board Interview Candidate: Michael Bender
5:40 PM Discussion of Tree Board Vacancy
5:45 PM Hom Furniture Brewpub
6:15 PM Proposed New Policy MIS-022 - Temporary Usage of City-Owned Real Property
6:40 PM Council Topics
6:55 PM Recess for Regular Meeting
COUNCIL MEMORANDUM
To: Honorable Mayor and City Council
From: Forestry Superintendent, Loren Cota
Date: September 13th 2022
Subject: Tree Board Interview Candidate: Michael Bender
BACKGROUND
At the September 13, 2022 work session, the City Council will interview a resident interested in serving
on the Tree Board. The Tree Board has one vacancy. Forestry/Environmental Services Division
Superintendent and staff liaison to the Tree Board, Loren Cota has already interviewed the candidate.
Application and staff interview feedback materials will be provided to the City Council separately.
Interview Schedule:
5:30 PM Michael Bender
COUNCIL MEMORANDUM
To: Honorable Mayor and City Council
From: Luke McClanahan, City Planner
Date: September 13, 2022
Subject: Hom Furniture Brewpub
BACKGROUND
HOM Furniture is proposing to build-out the available tenant space located on the southeast corner of
their furniture store at 1188 Helmo Avenue North. HOM Furniture would perform the buildout
themselves and secure two tenants to fit into their planned use for the space. The two tenants being
sought include a brewery and a restaurant. Market research has been completed by the applicant and
potential tenants have already been contacted. (See attached case studies provided by Senior
Community Development Specialist Jamie Scheffer for examples of this use in other communities in
Minnesota.)
The buildout would include expanding into the existing parking lot to accommodate outdoor space for
live outdoor music events (with a moveable stage) and games such as curling. It will utilize
approximately 10,500 square feet of interior space of the existing HOM Furniture building and 10,000
square feet for outdoor/patio space. Access to this site will be via private drive that connects to Helmo
Avenue North and 10th Street North.
Location Map – Hom Furniture Brewpub
1
The property is zoned C2 – Community Commercial. Per the City’s 2040 Comprehensive Plan, this area
is guided for Commercial use. This area predominantly consists of commercial properties. However, there
are residential townhomes located approximately 600 feet to the east of this site, which are located in
the Oakcrest Village 2nd Addition subdivision.
PROCESS
Staff has identified two approvals necessary in order for the site to be developed as proposed.
1. Site Plan
2. Conditional Use Permit
The Conditional Use Permit would be required for the proposed outdoor music events.
STAFF ANALYSIS
In August 2022, the applicant obtained informal feedback on the proposed concept plan from the City’s
Development Review Committee. The following are staff’s preliminary comments on the proposed use.
Design and Building Considerations. The restaurant/brewery portion of the building would need to
provide, at a minimum, two exits for fire safety. A sprinkler system would be required for the structure.
The applicant will need to provide details on the outdoor seating arrangement (including outdoor
events) and an exit plan for the fenced-in patio area. With the proposed mezzanine area (i.e.,
intermediate floor/platform), there will be a limited occupancy load. Furthermore, development will
need to comply with Chapter 25 Zoning, Article 18 General Building Requirements.
Infrastructure. There is an existing hydrant and associated water line located in the proposed
outdoor/patio area. The developer will need to be mindful of this infrastructure when making
improvements to the site. There is a drainage and utility easement on a portion of the proposed
outdoor/patio area, which is currently utilized for parking.
The applicant anticipates that the outdoor/patio area will occupy approximately 30 existing parking
spaces – on the east side of the Hom Furniture building. Parking requirements for restaurants and
taverns include “One space for each three (3) seats plus one for each two employees.” (Sec. 25-
161(e)(18)). The City’s zoning ordinance (Sec. 25-161(f)) allows for joint use of parking facilities when
the following conditions have been met.
a) The building or use for which application is being made to utilize the off-street parking facilities
provided by another building or use shall be located within 300 feet of such parking facilities.
b) The applicant shall show that there is no substantial conflict in the operating hours of two
buildings or uses for which joint use of off-street parking facilities is proposed.
c) A properly drawn, legal instrument, executed by the parties concerned for joint use of off-street
parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be
filed with the City Clerk and recorded with the Register of Deeds, Washington County.
Parking requirements would likely be met, as the conditions listed above could be satisfied. However,
the final parking count would need to be confirmed once the occupancy and employee counts have
been finalized.
As part of the Site Plan application, a traffic study will need to be provided to ensure issues with traffic
will be mitigated. Also, it is the City’s expectation that the applicant should contribute towards the costs
for improvements to the intersection of Helmo Avenue North and the private drive to improve
pedestrian safety and access to the site.
2
Zoning. The C2 zoning district allows for Taverns and Restaurants. To enable the outdoor live music
events on the site, the applicant will need to obtain a Conditional Use Permit (CUP). The CUP would
allow the City Council to place certain parameters on the events, such as hours of operation and
number of events per month.
In addition, the applicant will need to obtain the proper licensing to produce and sell alcohol on site,
through the State of Minnesota and the City, respectively.
COUNCIL DIRECTION REQUESTED
Prior to the applicant submitting any formal applications to proceed with the project, the City Council
should give informal feedback and direction to the applicant on the appropriateness of the concept
plan/use and set expectations on the responsibilities of the applicant for the design and construction of
the proposed development and how potential impacts will be mitigated.
Attachments
Applicant’s Concept Plan and Photos from Similar Venues
Brewpub Case Studies
3
HOM Furniture – East Tenant Space - 1188 Helmo Ave N, Oakdale MN
- The yellow rectangle shows the East Tenant Space we’re proposing to add this Brewpub to.
- Roughly 10,500 SF of interior space and 10,000 SF of outdoor/patio space.
• The Back of House will have the restaurant bar equipment taking up roughly 1,200 SF and the remaining 1,200 SF for BOH will be
used as a events/rental space when larger groups come in.
• This render will give you an idea of the outdoor space we want to make; which will use up 30 parking spaces; still leaving us plenty
of adequate parking spaces for our property under City Code/Ordinance.
• Our goal is to make this a very popular desitnation within the City by bringing in both Local and Regional customers alike.
• The brewpub will employee 22-25 people on the brewery side and an additional
25-35 people on the restaurant side for a total of 50-60 people.
• We plan to make update the sites Bike/Walking access and make it easier for the
surrounding businesses and residences to gain access to the brewpub; public
safety is one of our top priorities.
• Our main goal is to drive additional customers to the City of Oakdale as this will
drive additional business to us as co-tenants.
Forgotten Star
Surly Brewing Co.
Baldamar
BREWPUB CASE STUDIES
1) 3rd Act Craft Brewery
4120 Radio Drive, Woodbury, MN 55129
All inclusive- Brewery, “Pub Food” served
in Taproom, Outdoor Area
www.3rdactbrew.com
Located in commercial zone
Boasts ample parking on website- see images
Taproom has a grill and brick fired items
Also serves Northern Soda Root Beer
Hours: 4pm-9pm M-Th, 2pm-10pm F, 12pm-10pm Sa, 12pm-9pm Sun (not open for weekday
lunch)
Board games, pull tabs, turf/lawn games, fire
pits, heaters, two taps outside in nice weather
Growlers to go
Industrial vibe inside
Surrounding uses: Speedway, Child Care Center
Across highways: vacant, single-family residential
Events: Fundraisers, Private Parties
No live music or DJ’s
Photos obtained from www.3rdactbrew.com
BREWPUB CASE STUDIES
Google Map Screenshot
BREWPUB CASE STUDIES
Google Map Screenshot
BREWPUB CASE STUDIES
2) Forgotten Star Brewing
Co.
38 Northern Stacks Drive, Fridley, MN
55421
Brewery with Taproom, Food Trucks on
Schedule, Outdoor Area
www.forgottenstarbrewing.com
Located in Historic “Northern Stacks”
building (previously Northern Pump
Company) in Industrial Zone
Parking- see images
Food trucks regularly scheduled Photos obtained from www.forgottenstarbrewing.com
Industrial vibe inside
Surrounding uses- Industrial and Railroad
Hours 12pm-10pm M-Th, 12pm-11pm F-Sa, 12pm-9pm Sun
Assuming lunch crowd drawn from surrounding industrial employers
Many events: open mic nights, fundraisers, live music, Oktoberfest with VIP table
reservations, curling in winter
P
BREWPUB CASE STUDIES
Google Maps Screenshot
BREWPUB CASE STUDIES
Google Maps Screenshot
BREWPUB CASE STUDIES
3) The Tipsy Steer & Invictus
Brewing
2025 105th Ave NE, Blaine, MN 55449
Two businesses- Brewery, Restaurant with Brews
on Tap, Outdoor Space
www.tipsysteer.com/invictus-brewing/
Located in Industrial Zone
Parking- see images
Industrial vibe inside mixed with Western
Surrounding uses- Industrial
Hours: 4pm-10pm M-Th, 11am-11pm F-Sa, 11am-9pm Sun
o Restaurant serves pizza only in some instances later in the evening until last call
Banquet and private dining options available Sun-Th
Images obtained from www.tipsysteer.com and tripadviser.com
BREWPUB CASE STUDIES
Google Maps Screenshot
BREWPUB CASE STUDIES
Google Maps Screenshot
COUNCIL MEMORANDUM
To: Honorable Mayor and City Council
From: Jamie Scheffer, Senior Community Development Specialist
Date: September 13, 2022
Subject: Proposed New Policy MIS-022 - Temporary Usage of City-Owned Real Property
BACKGROUND
Council directed staff to reach out to peer communities to better understand practices for temporary
usage of City-owned land by private parties, including if fees or a lease is required and how the fee or
lease is calculated. In response, staff reached out to neighboring communities and networks to gather
examples, which were discussed at the August 23, 2022 Council Workshop. Council then directed staff
to draft a Policy, which is attached for review.
POLICY HIGHLIGHTS
• Staff is defining temporary as non-permanent and less than two years.
• Staff is recommending recouping costs associated with administering usage agreements, but no
specific lease fees.
• Staff is recommending charging market rate lease fees for any agreement that does not provide
public benefit and/or is longer than two years with a commercial use, due to tax implications.
• Staff has drafted the policy giving the City Administrator the right to deny requests that do not
follow the policy to save staff and Council time and to streamline processes.
• Staff has limited time of usage for temporary storage of construction materials and trailers to
180 days unless an extension is granted to run parallel with the building permitting process after
consultation with the Building Official.
• Staff has included conditions considered best practices as discovered in previous peer
community research.
COUNCIL DIRECTION
Council should review the draft policy and discuss any changes prior to moving the policy forward for
Council approval.
Attachments
Peer Research
Proposed New Policy: MIS—022 Temporary Usage of City-Owned Real Property
PEER RESEARCH
For Temporary Usage of City-Owned Real Property August 2022
Council directed staff to reach out to peer communities to better understand practices for temporary
usage of City-owned land by private parties, including if fees or a lease is required and how the fee or
lease is calculated. In response, staff reached out to neighboring communities and networks to gather
examples.
15 government staff were contacted and provided examples from current or past positions with
local government entities
Several individuals/entities responded that they have allowed temporary usage of their city-
owned land with no fee. One of these individuals stated that this was because the contractor
was working on a highway project that the city was a part of.
Examples of fees charged
o Land leased for farmland- taxed for farming use- charged slightly more than taxes costed
o City park parking lot- leased to business for employee parking for 15 years- unexpectedly
hit with commercial tax rate “because this was a long-term lease for a for-profit entity”
o City buildings- leased to state of MN- maintained non-profit tax status- charged area
average combined with state average rate paid for leases
o City buildings- leasing to a non-profit (keeping non-profit tax status), and charging lower
average commercial rates due to low demand.
o City/Economic Development Authority property- used license agreements- charged a
minimal fee of $1 or less but used language to protect city (insurance and indemnity) and
the property (no storing of contaminants on site, site restoration)
Staff identified the following best practices.
If a lease is desired, potential tax implications from the parcel use becoming commercial in
nature, versus non-taxable government use would need to be further explored.
Continue to include insurance and indemnification language to protect the City.
Continue to protect the site with language about storing to original condition and collecting an
escrow. Consider adding language disallowing contaminants to be stored on site.
Continue to recoup staff and legal costs to prepare the temporary use agreement.
Standard Operating Policy
City of Oakdale
Policy Number: MIS-022
Pages: 3
Subject: Temporary Usage of City-Owned Real Property
Approved: September, 2022 Amended: N/A
1.0 Introduction
1.1 The purpose of this standard operating policy is to establish a consistent standard for entering into
a usage agreement related to City or Economic Development Authority (EDA) owned Real Property
(“City Property”). The City will consider allowing temporary usage of City Property when there is clear
public benefit.
1.2 This policy shall provide a process for staff to follow regarding entering into agreements for usage
of City Property. The policy shall provide an outline of information that staff is to discuss and
provide to those making requests, thereby streamlining City processes and reducing staff time
necessary to consider such requests. This policy shall also provide City staff, City Council and the
EDA with flexibility in applying the policy.
2.0 Definitions
“Real Property” means land and all things attached to it. Anything that is not real property is
personal property.
“City Administrator” means the Administrator at the City of Oakdale or their designee.
“Requestor” means a person requesting to enter into a usage agreement for use of City Property
with the City.
For the purpose of this policy “temporary” means non-permanent and generally two years or less.
“Fair Market Rent” means the rental income that the property would most likely command in the
open market.
3.0 Usage
3.1 Uses Generally Allowed
Temporary usage of City Property (generally up to two years) will be considered when there is a
demonstrated public benefit. Examples of public benefit may include, but are not limited to, any use
that would avoid wear and tear on City roads, reduce disruptions for neighboring properties, support
a public construction project, or aid in remedying a code compliance issue.
3.1.1 Requestors must demonstrate public benefit.
3.1.2 Requestors must demonstrate that the site is the only reasonable option for the use and
that all other options have been researched.
3.1.3 Temporary usage will require City Council or EDA approval of a usage agreement.
1
3.1.4 Temporary storage of construction materials and trailers tied to a construction project
adjacent or in close proximity to the City Property will be allowed for up to 180 days.
Extensions may be approved by city staff for unforeseen circumstances.
3.2 Uses Generally Prohibited
3.2.1 Any use that serves no public benefit or purpose is not allowed.
3.2.2 Any use not directly adjacent or within close proximity to the primary use.
4.0 Approval Process
4.1 The City Administrator, with consultation of affected departments and City Attorney, may
recommend to the City Council or EDA the execution of a temporary usage agreement if the
conditions of this policy are met and the City Administrator determines that the agreement is in the
best interest of the City.
4.2 The following conditions and criteria will be considered by the City Administrator and City Attorney
when drafting the agreement.
4.2.1 Compatibility with neighboring uses and consistency with applicable land use regulations
including the Comprehensive Plan.
4.2.2 Experience and reputation of the Requestor in the proposed usage activities.
4.2.3 The residency, licensure, criminal background, tax status or similar qualifications of the
Requestor in the City of Oakdale and/or the State of Minnesota. The City Administrator may
require a background check or a reference list at their discretion.
4.2.4 The Requestor will be responsible for any legal fees associated with the preparation,
consideration and enforcement of the agreement including any background checks or other
required licenses and permits.
4.2.5 The highest and best use of the land will be considered, along with whether the duration of
the temporary usage could hinder future development of the property.
4.2.6 The City may consider leasing City Property that does not provide public benefit or purpose
and/or could occur in the private market. In such a case, the City will charge a leasing fee
at no less than fair market rent. Determination of rent shall take into consideration
appraisal or current/future taxes or tax assessed values, highest and best use of the land,
location, economic development objectives and existing or planned development on the
land or neighboring properties. The City will charge the Requestor any fees incurred by The
City in making this determination including, but not limited to realtor or legal fees. In this
case the City would include new conditions related to lease renewal, subleasing, and any
other conditions that the City Administrator deems appropriate to protect the City.
4.2.7 All uses and activities on City-owned real property available for lease are subject to all
applicable local, State, and Federal laws and regulations.
4.2.8 The City Administrator/EDA Director with the approval of City Council/EDA may issue a
request for proposals (RFP) to lease specific City Property if multiple inquiries are received
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for a parcel, or if the City Council or EDA intends to lease land for commercial for-profit
purposes based on an approved strategic or similar plan.
4.2.9 Any long-term lease of EDA owned property should comply with MN State Statutes related
to the Sale of EDA Property.
4.2.10 The City Administrator may request a property usage plan including exhibits, a schedule of
commencement and activities, a survey of the property, and/or a subdivision plat at the
sole expense of the Requestor.
4.2.11 The City Administrator may reject any and all proposals that are not in the best interest of
the City.
4.2.12 The City will collect a restoration escrow as part of any temporary usage or lease agreement
to cover the costs of site restoration in the event the Requestor fails to comply with site
restoration conditions by the required date in the approved agreement.
4.2.13 Any agreement the City enters into may contain additional conditions related to vegetation,
contaminants, safety, security, site access, Emergency Medical Services (EMS) access,
erosion control, litter, mowing, snow removal, property restoration, site cleanup,
ingress/egress, easement access, termination, indemnification, and liability insurance.
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