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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