11/28/1977 Meeting - Laserfiche WebLink

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Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved and . given final passage. Roll call vote. All Council members present voting aye, the bill was declared passed and numbered 18086. A short recess was taken. II-A-I C. 1Uth and Overpark Assessments Manager noted the item came before Council because of a change in use. Home Federal Savings and Loan bought property originally owned by Montgomery Ward. It had not been previously assessed when owned by Montgomery Ward as free parking was allowed. Now Home Federal Savings and Loan will provide parking for customers and employees. Staff has recommended assessment be levied as a change in use has occurred. . Public hearing was ~pened. Dean Quick, 130 West 1st Street, Albany, attorney representing Home Federal Savings and Loan, reviewed for Council his previous remarks and number of documents submitted. He disagreed with the statement that there has been a change in use. He contended there had not been a change in use as compared to the use Montgomery Ward made of the parking lot at the time it was exempt from the assessment. He contended signs were in evidence showing the parking lot was for use by Montgomery Ward customers and employees only. He reviewed the past ten years of history of the assessments for this particular piece of property, including two suits which were filed regarding the e Overpark district. He noted for Council the original assessment on in the property was $186,518, later reduced to $101,000. He noted that an appeal on the suits filed, the Oregon State Supreme Court both affirmed and reversed some parts of the suit on the basis that certain procedural errors had occurred, noting these centered on this parti- cular piece of corner property. He reviewed the various ordinances passed from 1966 through 1972 at which time the Downtown Development District was set up for the free parking program. He said subse- quently, the parking area of this particular piece of property was leased to the City of Eugene. In January of 1977, a letter from Home Federal Savings was sent to the City that construction was beginning and the lease to the City would be terminated in February, 1977. He again alluded to the pictures taken in 1966 of signs showing the parking was for Montgomery Ward employees and customers, and yet the property was exempt. He said from 1966 to 1972, that was the status of the parking--for the use of Montgomery Ward customers. He con- tended Home Federal Savings and Loan intends to use the parking space for customers and employees in the same manner. He cited Section 4.475(d) which says only upon a subsequent change of use can an assessment be made. He contended no change in use of the property could be shown, and therefore, the property should be granted an exemption. The use of the property by Home Federal Savings and Loan at this time will be no different in any respect than the use made by Montgomery Ward when the exemption was granted. Therefore, he con- ~ tended the City could not make an assessment unless a change in use had been proven. 11/28/77 - 11 88/