9.c) Request to Waive Community Center Rental Fees-Sterner ,
Meeting Date: 2/21/2012
Agenda Item: .� �
City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Consider a request from Ms. Jennifer Sterner that the Council waive
Community Center rental fees for a benefit event to be held on March
31, 2012.
Deadline/Timeline: N/A
Background: • Ms. Sterner has reserved the Community Center for March 31 (the
Hall only, no kitchen use.) She made a deposit of$610. The
(non-resident) hall-rental rate is $475,plus $135 to cover the cost
of a city attendant required for events serving liquor. They expect
200-250 guests.
• She has requested that the city waive and refund the$475 rental
fee. The event is a benefit to raise funds for a kidney transplant
for her mother.
• The Community Center Rental policy does not provide for any
waiver or reduction in fees for this event. Fees are waived for
certain types of events for recognized community groups. There
are special rates for non-profit groups, funerals, and for residents.
This event is for a private party which, even though it has a
charitable goal, does not qualify for any of the special rates.
Recommendation: Staff recommends that the Council discuss the request. A
representative of the family is planning to attend the Council meeting.
Waiving the fee for this event could be considered a gift or a donation,
which the city is not allowed to make. You could change the policy
and expand the list of types of events and criteria for groups or people
eligible for discounts or waivers. Staff would expect this would
increase demand for use of the facilities,reduce revenues and increase
wear-and-tear and cleaning costs.
The City Attorney has also reviewed this request. His comments are
attached.
Attachments/ • Letter dated February 10, 2012 from Jennifer Sterner
Materials provided: • Community Senior Center Rental Policy(December 16, 2008)
Page 1 of 2
02/15/12
• E-mail dated February 14, 2012 from City Attorney Tom Miller
Contact(s): Jennifer Sterner, 651 592-7217
Prepared by: Anne Hurlburt, Administrator
(sterner comm ctr fees)
Page 2 of 2
02/15/12
� 02 '09%2012 08:57 PM 5/6
Scandia City Council
14727 209;h Street North
Scandia, MN 55073 ; � �,��"�r;—�"-- --
���„�.���� �
February 10, 2012 FEB 1 0 2012
i
, CITY OF SCF�NDiR
__�------.--.__ _.__
Scandia City Council,
This letter is a request to have the facility fee waved for the rental of the Scandia Community Center
on March 31, 2012. On this evening, our family will be hosting a benefit for our mother, Pat Sterner,
who is about to undergo a kidney transplant. Pat has Polycystic Kidney Disease (PKD� and the illness
has progressed to the point where a kidney transplant is necessary. PKD is a disease that en�arges a
person's kidneys, and produces multiple cysts that interfere with normai kidney functian. This
interference has led to the need fo�a transplant for Pat within the next three to six months.
Pat Sterner has supported the Scandia community in many ways during her life. Living just outside of
Scandia, not only does she consistently support local Scandia businesses; she atso spent nearly ten
years of her life serving with the Title I team at Scandia Elementary School. During and after the time
that her three children attended the school, Pat was a proud member of the support staff at Scandia
Elementary. Pat takes pride in the Scandia community and has always considered it her home.
�
IUndergoing a kidney transplant is an extraordinary expense; not only for the surgery itself, but also
for the life-long aftercare. It is estimated that a typical kidney transplant procedure can cost up to
$262,900 for the surgery and first year of aftercare. Furthermore, a kidney recipient will end up
needing approximately $18,000 in aftercare each year following the procedure year. Considering this
astronomical expense, we know that it is necessary as her family and community to support Pat
through this benefit to show her that we are here for her in every way.
With this in mind, we are hoping that you will consider waving the $475 facility rental fee for the
Scandia Cammunity Center on March 31, 2012 for Pat's benefit. This gesture would help us to
accomplish our goal of giving Pat the most support possible during this time of need.
Thank you for your consideration.
Sincerely,
_
;:�.:�..�..�:�.� ��4ti�:�l_.,
,
�
Jennifer Sterner
1132 Sunset Bay
Woodbury, MN 55125
651.592.7217
Jen.S#erner anlive.com
City of Scandia
Community Senior Center � �`�_
Rental Policy �-� ;� `�,, ��_
, �� �����
Adopted by the City Council ������ �„T���
December 16, 2008 ��•����
The City of Scandia makes the facilities at the Scandia Community Senior Center
available to a wide variety of organizations, community groups and residents. This
policy shall govern the priority for and fees for use of the facility. Any variation from this
policy shall require approval by the City Council.
Priority for Use: Public meetings and functions of the City of Scandia and its various
committees shall take priority over other uses of the facility. Community-wide events
such as Taco Daze shall also take precedence over other uses.
Rental/ Reservation Agreement: All users shall sign a rental/ reservation agreement.
A "Liquor Addendum" shall also be signed if any alcoholic beverages will be served at
the event.
Waiver of Rental Fees: Rental fees will be waived for use of the facility for the
following purposes and/or to the following groups at no charge:
• Meetings conducted or sponsored by the city or other units of local
government (such as Washington County, watershed districts, etc.)
• Firemen's Ball
• Taco Daze community festival
• All Scandia Marine Lion's Club functions (in recognition of the in-kind services
provided and the contribution of the kitchen and equipment to the facility)
• Senior Citizen's Groups and Activities
• 4H Club, Boy/Girl Scout regular meetings, pinewood derby & Eagle Scout
ceremonies (not requiring kitchen use)
• Meetings of homeowner/ resident associations, special interest clubs (car
club, horse and carriage, pony club, etc.) and similar community groups (not
requiring kitchen use or serving alcohol)
Special Rates for Community Groups: Special rates are established for non-profit
groups (such as churches, schools, scouts and other charitable and/or service
organizations) serving Scandia, as follows:
• Events for small groups (less than 150 guests): $150.00
• Events for large groups: $300.00
• Duck Soup Players: $100.00 per night
1
Special Rates for Funerals: The rental rate for funerals, including use of the hall and
kitchen, shall be $100.00 for residents and $150.00 for non-residents.
All Other Users: Unless a reduced or special rate has been established, all other
users of the facility shall be charged a rental fee as follows:
Room Rental: Resident Non-Resident
Hall $200 $475
Hall, Set-Up Day Prior to Event $100 $150
Heritage Room $75 $100
Kitchen Use: $300 $300
Resident Rates: Resident rates are available to residents of the City of Scandia only.
Residency will be verified at the time the rental agreement is signed.
Reservations: Reservations may be made up to one year in advance. All rental fees
are due when the facility is reserved. Rental fees are payable by cash or check to the
City of Scandia.
Cancellations: Rental fees are fully refundable if a written cancellation is received 60
days in advance of the event. Refunds will be issued if a written cancellation is received
from 30 to 59 days prior to the event, if the facility is booked for another event for the
time reserved. No refunds will be issued if the reservation is cancelled less than 30
days prior to the event
Cleaning/ Damage Deposits: Users of the facility are responsible for cleaning up the
facility and restoring the tables and chairs and any other equipment used to their
original location and condition. Cleaning and damage deposits must be made in cash
prior to picking up the key for the event. Cash deposits will be refunded in full upon
return of the key, less any amount for cleaning required exceeding one hour, at the rate
of$50.00 per hour, or for any damage to furnishings or equipment. Cash deposits
required shall be as follows:
• Community events and other non-profit groups: $100.00
• All others utilizing kitchen: $300.00
Waiver of Cleaning/ Damage Deposits: Cash deposits shall be waived for groups
and events qualifying for waiver of rental fees. However, if the facility is not cleaned
properly they will be charged for the necessary cleaning, and in the future will be
charged a deposit.
Kitchen Use: Small functions serving only coffee or light refreshments not requiring
use of the major kitchen appliances (stove/ovens/ dishwasher) may utilize the kitchen
for their events without an extra charge for kitchen use. All use of the kitchen facilities
must be in accordance with the requirements of the licensing authority (Washington
County.)
2
City Attendant: At any event where alcohol will be served, an attendant provided by
the City must be on duty at all times. Users shall pay an additional $135 fee for this
service. The attendant is authorized to ask anyone who is obviously intoxicated or
behaving in a disorderly manner to leave the premises. The attendant will assist with
maintenance or facility needs during the event, and provide direction and assist with
clean-up after the event.
3
Anne Hurlburt
From: Tom Miller[Tom@millerstevens.com]
Sent: Tuesday, February 14, 2012 2:09 PM
To: Anne Hurlburt
Subject: Sterner Rental Fee Waiver Request
Hi Anne,
As you requested, 1 reviewed Agenda Report regarding the request for a waiver of the City's community center rentaf
and attendant fees by Jennifer Sterner. The request for the waiver relates to a fund raising benefit to be held by the
Sterner family on March 31, 2012 for their mother Pat Sterner. Pat Sterner is suffering from a serious kidney disease
and is in need of a kidney transplant. The benefit is intended to raise funds for this purpose and in order to maximize
the funds available to assist Pat Sterner,the family has requested that the City waive the$475 fee to rent the
Community Center and provide an attendant for this event.
While the application for the rental of the Center was not attached to the Agenda Report, I assume that there is no
official non-profit entity sponsoring this event. This is important since,while the City Policy doesn't waive the fees for
non-profit groups, it does provide for a fee reduction for such groups. In any event,the City's Community Senior Center
Rental Policy("Polic�') provides for the waiver of these fees in seven identified situations. Since the event in question
does not fit into any of these situations,the automatic waiver of fees is not available. However,the Policy itself provides
that the Council may approve additional variations from the Policy.
The question then becomes whether or not the Council can and should grant the requested waiver. As to the issue of
the City's legal ability to waive the fees, I believe the only legal issue to doing so is the one you raised in the Report
relating to the City being prohibited from making gifts of pub�ic funds for an unauthorized purpose. I have taken the
position that the waiver of fees is in general an improper gift. Therefore, subject to the fotlowing paragraph, it is my
opinion that the City must deny this request.
If the City Council wishes to eliminate the fee in this case, I believe there are two ways of doing so:
1. The Council could revise the Policy so as to add this type of event as a situation where no rental fee is required.
In doing so,you are correct in pointing out that the Council must consider the ramifications of such a change in
terms of increased use, lost revenues etc.since the exception will apply to any other similar situations; or
2. The Council and the family could enter into some type of contract whereby the family provides some service to
the City in exchange for the fee amount. Perhaps a park cleanup or something similar would be attractive to the
Council. This option presents its own set of issues such as documentation and enforcement of the contract and
the precedent set by taking such action at this time.
I hope this is of some assistance in presenting this matter to the Council for discussion and resolution. If not, please
don't hesitate to contact me.
Thank you.
Very truly yours,
MILLER & STEVENS, P.A.
/s/ Thomas F. Miller
Thomas F. Miller
Miller& Stevens, P.A.
1