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<br /> . <br />Dean Quick, attorney, 130 West 1st Street, Albany, spoke in opposition <br />on behalf of the Home Federal Savings and Loan. He said the parcel <br />was, at the time of the overpark assessment, held in trust. Montgo- - <br />mery Ward leased the property and had established a number of parking <br />spaces at the time. He said the entire area had been assessed at <br />$186,000, but an appeal ,to the City Council. resulted in a reduced <br />assessment to $101,000. The reason for the reduction was that parking <br />spaces had been included on the Montgomery. Ward property. He noted <br />there were; al so a number of other areas in the assessment di stri ct <br />which had recetyed exemptions. On this basis, the appeal was made to <br />the City Council that the trust was not receiving the same treatment <br />as other pieces of property in the area. He said it was particularly <br />important what use was being made at the time of the assessment. <br />He said the Code indicates that once there is a change in use in <br />exempt properties, then the City could proceed. Montgomery Ward had <br />used the property has a parking lot and it was leased to the City for <br />a parking facility. Home Federal purchased the property in the <br />summer of 1976. There had been no change in assessment at that time. <br />He said it included one-quarter of a block of which 14,000 square <br />feet were fully assessed and 11,800 feet were exempt because of the <br />use as a parking facility. When Home Federal Savings and Loan began <br />building, it assumed assessments of $96,000 in liens existing against <br />the 14,000 square feet. He said it was his company's position that <br />there had been no change of use from the time the 11,800 square feet <br />had been exempted until the present time. He introduced several <br />exhibits: 1) A drawing showing the 27 parking spaces which will be <br />i ncorporated i~n the faci 1 i ty. He cited City Code Section 7.475 which <br />stated any real property on which there is located an off-street . <br />parking facility operated as a profit-making venture for use of the <br />general public, as distinguished from a parking lot owned or leased <br />and operated primarily as a service and convenience for customers of a <br />particular busi ness, shall not be deemed benefited by the proposed <br />off-street parking facility improvement. He contended that definition <br />had already been interpreted by the Council in 1966-67. He cited <br />Quackenbush's, other businesses, and Montgomery Ward's parking lots <br />were off-street facilities for general use of the public. The re- <br />mainder of the exhibits entered were: 2) map showing the parcels; <br />3) property descriptions; 4) a series of pictures of various parking <br />lots at the time exemption status was given; and 5) a number of <br />pictures of the Montgomery Ward parking lot as it existed at that <br />time. The Home Federal Savings and Loan will have 27 parking spaces <br />designated in the same manner as Montgomery Wards, including parking <br />for customers of the Home Federal Savings and Loan. He said the <br />statutes authorize a new assessment only if there has been a change <br />of use in parking. He contended there had not been, and never would <br />be a change with Federal Home Savings and Loan. <br /> 10/24/77--2 e. <br /> l'lLf <br />