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HomeMy Public PortalAbout1994.04.22 Memo- American LegionMcCALL CITY TREASURER James Henderson MEMORANDUM DATE: April 22, 1994 TO: Council FROM: City Treasurer RE: City of McCall's Agreement with the American Legion 1. I have reviewed the agreement between the City of McCall and McCall Post No. 119, American Legion, Incorporated. This agreement was executed February 14, 1972 and modified on April 25, 1972. The modification simply permitted the City to demolish the American Legion building and is not germane to this discussion. 2. The essentials of the agreement are as follows: a. The American Legion's Obligation. The American Legion was to convey land, which I understand to be the current location of the City Library, to the City. b. The City's Obligation. The City's Obligations are as follows: (1) In the building being constructed at that time and in any replacement building, the City was to provide a private storage facility of 238 square feet, capable of being locked, with a ceiling of average height, a 36 inch door and adjacent to the meeting room described below. (2) In the same building to provide "... a meeting place for business and social purposes for the Lgion (sic) and its Auxiliary upon one regularly scheduled meeting night per month for each group and such other times as will not interfere with City business; said meeting place shall contain at least 800 square feet in area and be of sufficient ceiling height to accommodate standard Legion staffed flags;" (3) "In connection with the meeting place, to provide a facility for the making of coffee and preparation of light refreshments together with a sink with hot and cold running water, for the use of the Legion and its Auxiliary." (4) The above provisions are "in perpetuity." 3. The transfer of the land and the 238 square foot storage room are not in dispute. Measurement of the "meeting place" reveals that: 216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638-1065 • Tel. (208) 634-7142 • Fax: (208) 634-3038 a. The dimensions of the main room are 18' 2" by 39' 10" which equates to approximately 720 square feet. If the City was presumed to be in compliance with the agreement prior to the installation of the bench, then additional areas must have been "counted." b. The entrance area contains approximately 88 square feet. The bathrooms and hallway add another 100 square feet. c. This brings to total area to 908 square feet. The bench reduces the usable space by about 50 square feet. The question of whether or not the City is, or has been, in compliance with the agreement tums on whether or not the bathrooms and entrance area count towards the City's obligation. 4. The agreement is silent with respect to furniture and bathroom facilities. Other groups using the room generally use the room as they find it, arranging fumiture to meet their own needs. 5. Federal Grant Information. The building was constructed using a $400,000 local public works grant (L.P.W. GRANT NO. 07-51-23083) from Department of Commerce, Economic Development Administration (EDA). The only condition of the grant was to construct a City Hall/Police Building. According to the project audit conducted by Ernest J. Cheney & Co., CPA, on January 10, 1980, the City complied with all compliance matters. There may be an issue with the use of federal grant funds to construct a building, a significant portion of which is given over for the exclusive use of a private organization (referring to the 238 square foot storage area). 6. Conclusions. 1. That the 1972 agreement granted Post 119, American Legion Incorporated a property interest in the City Hall Building. 2. That the City is currently providing the agreed upon square footage, even if the judge's bench is left in place. 3. That the City has complied with all aspects of L.P.W. GRANT NO. 07-51- 23083 in that it constructed the required building, with the possible exception that the use of public funds to construct a facility for the exclusive use of a private organization is questionable. 7. Recommendations. 1. That the staff meet with Mr. Miller of Post No. 119 to clarify the Post's needs with regard to the furniture, scheduling, etc., and attempt to work out something reasonable. 2. That the above information be communicated to Mr. Miller.