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<br /> Public hearing was closed, there being no further testimony <br /> presented. . <br /> Sherm Flogstad, Finance Director, said it was true that some lots <br /> in the downtown area had signs indicating parking for customers <br /> and employees prior to the construction of the 10th and Oak <br /> buil di ng. By agreement of those property owners, all such signs <br /> were removed and those lots, including the Montgomery Ward lot, <br /> were opened to the public. At first there were charges made to <br /> park by the hour with the lots operated by Diamond Parking; later <br /> the City used the golden token system with the cooperation of the <br /> Downtown Businessmen.s Association. Still 1 ater, they were <br /> included in the free parking system. The one consistency was that <br /> all the lots were open to the general public and not operated as a <br /> service or convenience for customers of a particular business. <br /> Home Federal Savings and Loan has indicated their parking lot <br /> would be for certain officers or employees and for customers only. <br /> Other lots in the City which are used for customers only have been <br /> assessed and staff recommends this lot be so assessed. When there <br /> has been a change in use from public parking, then the property <br /> has been assessed. <br /> Mr. Lieuallen asked for clarification. Stan Long, City Attorney, said <br /> the Code provides if a parking lot is open for the general use of the <br /> public, then it is exempt from assessment. The Code also says if there <br /> is a change in that use, if it is no longer open to the general public, <br /> then the exemption is lost. If the business provides parking only for <br /> customers and employees, then it is considered to be benefited. It is - <br /> understood that Home Federal Savings and Loan is going to have customer <br /> and employee parking only, constituting a change in use. Mr. Quick <br /> was saying because of photographs taken in the late 1960.s showing signs <br /> allowing employee parking, and the property having been exempt, then <br /> Home Federal Savings should have the same exemption today. He said when <br /> the Overpark was completed, the signs were removed, and the Montgomery <br /> Ward lot was used for the general public. After the Overpark was com- <br /> pleted, the City leased the parking lot which was open to the general <br /> public. He said it was evident there was a change from the City use to <br /> that being proposed by Home Federal Savings and Loan. Ci ty Council <br /> should decide if there has been a change in use in what is being <br /> proposed; and whether what is being proposed is a general use public <br /> parking facility. If not, then the entire property should be assessed. <br /> Mr. Obie wondered under zoning requirements if there was any requirement <br /> the Federal Home Savings and Loan had to have a general parking lot. Mr. <br /> Saul replied in a C~3 District there is no such requirement. <br /> In response to a question by Mayor Keller, Mr. Quick replied Home <br /> Federal Savings and Loan bought the land in June 1976, and at that <br /> time assumed approximately $96,000 in Overpark assessment. Mayor <br /> Keller continued he would assume that when a piece of property is <br /> purchased, the purchasor would be aware of any assessments against <br /> the property. He wondered if there was any way the purchasor would <br /> not have known. Mr. Long replied as a lawyer, he would assume it <br /> would be noted on a title report, and most purchasors would inquire -, <br /> "' <br /> 11/28/77 - 12 <br /> ggt <br />