ORD 33444 - Necessity of appropriating (�
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City of Omaha
P.J.Morgan,Mayor
Omaha/Douglas Civic Center
1819 Famam Street,Suite 804
Omaha,Nebraska 68183-0804
(402)444-5115
Telefax(402)444-5125
Honorable President
Herbert M.Fitle
City Attorney •
• and Members of the City Council, •
Transmitted herewith is an Ordinance, submitted at the request of
Councilmember Frank Christensen, declaring the necessity of
appropriating and acquiring certain private property for the
purpose of acquiring Peony Park for use as a public park.
This Ordinance provides that the City negotiate with the property
owners for said property, and that the property which cannot be
obtained by negotiations be condemned.
Payment for all costs incurred for the land necessary for the
• proposed park shall be paid from the 1995 and 1996 Capital
Improvement Program, as well as other possible funding sources,
in order to provide up to $3.3 million for the purchase of this
property. The exact 1995 funding sources are dependent upon the
City Council's 1995 Budget decisions, which are to be made on or
about August 30, 1994.
Respec fully submitted,
Mi hael A. Goldberg
Assistant City Attorney
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ORDINANCE NO. 33 T qq
AN ORDINANCE declaring the necessity of appropriating, for use of the City of
Omaha, the necessary lands for the purpose of acquiring Peony Park for
use as a public park; providing that the City negotiate with the property
owners for land acquisition; providing that as to each specified parcel
which cannot be obtained by negotiation, condemnation proceedings be
undertaken and completed; and, providing for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That it is proper and necessary and it is hereby declared
proper and necessary to appropriate certain lands for the purpose of acquiring
Peony Park for use as a public park. Said property and lands necessary for
such purposes are described as follows:
See the attached Exhibit "A" plat drawing showing area of property to
be acquired for park purposes.
Section 2. That the Parks, Recreation and Public Property Department of
the City of Omaha be, and it hereby is, authorized, empowered, and directed to
negotiate, through either employees of the City of Omaha or through persons
employed therefor or through any combination thereof, with the owners of the
above-described properties for the acquisition of said properties by the City
of Omaha for aforesaid purposes and said Department shall report on said
negotiations to this Council. Upon failure to agree by negotiations with the
owners of any of the above-described properties for the acquisition thereof by
the City of Omaha, the Parks, Recreation and Public Property Department is
authorized, empowered, and directed, together with the Law Department of the
City of Omaha, to proceed forthwith to acquire any such property, not obtained
by negotiation, for the City of Omaha for the aforesaid purposes by
ORDINANCE NO. 3 3 g4/5
PAGE -2-
condemnation proceedings in accordance with the Laws of the State of Nebraska
under the power of eminent domain. Any notices in the name of the City of
Omaha required to be given the owners or other persons having any interest in
and to any of the above described real estate may be given by either the
Parks, Recreation and Public Property Department or the Law Department of the
City of Omaha. The Parks, Recreation and Public Property Department will be
responsible for recording of all deeds, easements or other acquisition
documents resulting from the exercise of the authority granted under this
Ordinance in the Register of Deeds Office in the appropriate county.
Section 3. That this Ordinance shall take effect and be in force fifteen
(15) days from and after its passage.
INTRODUCED BY COUNCILMEMBER
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APPROVED BY:
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0 0 HE CITY OF OMAHA DATE �‘PASSED JAN 10 199�S / i . i ,,e--,.-s r - ZO / „8,0 � �ii �j Az
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ATTEST: � ,,� /
`JAN 24 1995 /l`5' . �� -
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PROV 4PDON: ,/ /
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PEONY PARK ACQUISITION .. .•..
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ORlGINAL ,
REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO.
cp co
TO: HERBERT M. FILE, CITY ATTORNEY DATE ASSIGNED c-,
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DATE: August 11, 1994 ASSIGNED TO a c., .t3
ri:, iv t-t-1
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DATE ANSWERED w rrl
REQUEST BEI MADE BY: On Behalf of Councilmember Frank Christensen
Warren Weav ., ouncil Staff Assistant 6298
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT.
Council Agenda of August 23, 1994
DATE:
REQUEST FOR: Ordinance of Necessity to Purchase Peony Park
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
Councilmember Frank Christensen requests an Ordinance of Necessity be
written and placed on the City Council agenda for August 23, 1994. The
ordinance will be for the purchase of property commonly referred to as Peony
Park, a parcel of approximately 28 acres located at 8100 Cass Street, legal
description attached .
Also, attached are the documents forwarded to Councilmember Christensen by
the Law Department in response to a previous request in July of 1994.
Council Staff is available to answer any questions.
INFORMATION ATTACHED : YES X NO NONE AVAILABLE
wk
c: Councilmembers, `city Clerk, Parks Director, Planning Director,
Walt Peffer, Council Staff
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F'ARC 2920 0002 01
FB 53 STATUS 2 CLASS C
EXEMPT 0 EXEMPT TYPE TAX DISTRICT 6600 SID F— C
PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE
ADDRESS 08100 CASS ST OMA 68114
OWNER INFORMATION {
NAME PEONY PARK INC DATE OF LAST CHANGE 09-13-19 7 8
+ 8100 CASS ST DEED BOOK PAGE
ADDR HOMESTEAD DELETE _ t.
CITY OMAHA ST NE ZIP 68114 NON NUMERIC ZIP CODE
CURRENT VALUE HOMESTEAD
YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE
1992 03-1 1-1992 307200 1223000 1530200 BP 2060
ADDITION NO. 60000 LOT HALF • BLOCK HALF (_:
LANDS SECT 14 TOWN 15 ' RANGE 12
LEGAL DESCRIPTION . LEGAL DESCRIPTION
1 —EX PT FOR CRIB: WIDENING & ST— IRR ' 2 PT E OF W DODGE ADD & SW OF PAP I O : c,
3 CRK W 1/2 SW 1/4 & IRR PT SW PAP'IO 4 CRK SE 1/4 SW 1/4
5 6
7 8 (
CODE BOOK PAGE DATE KEY SUB TB
SPLIT/COMB/LEGAL
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ALL CM'3
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ANZALDO�'
CHRISTENSEN_�
INTER-OFFICE COMMUNICATION COUNCIL
KONECK�`
LO `'—`-
Law Department TAKECHI
TERRY
ANDE,RSEN.�,_��
STAFF �
July 13, 1994 CORNETT _
LOBBY1ST�`
JUL 141994
TO: Councilmember Frank Christensen TIME : 1
FR: Jo A. Cave . ssistant City Attorney
SUBJECT: Logbook Request No. 299-94 Peony Park Purchase Resolution
As per your request enclosed you will find a draft of a cover letter and resolution expressing the
intent of the City Council to acquire the parcel of real property commonly known as Peony Park
for public park purposes. I have not had it prepared in final form pending your review of it and
the following comments.
Section 4.06 of the Omaha.Home Rule Charter states:
The board(Park and Recreation Board) shall have power and shall be required to: ...
(6)Advise the Council on the sale,exchange, lease,transfer, or acceptance of any real
estate or buildings for parks and recreational purposes. ...
Section 7.06 of such Charter provides:
No ...resolution which deals with the acquisition,... of any ... ground, open space, ...
shall be adopted by the Council unless and until such ... resolution shall first have
been referred to the Planning Department and a report rendered thereon regarding
conformity of the matter involved to the master plan. ...
Based upon this language I would recommend that the proposed resolution not be introduced until
the requirements of Sections 4.06 and 7.06 are met.
Additionally, I have attached a copy of the policy statement issued in late April signed by City
Council President Anzaldo and Vice President Terry along with Mayor Morgan regarding the City's
desire to refrain from interference in the Cass Street Partnership's proposed project. The passage of
the proposed resolution may violate that policy statement in that the project could be undermined
once the City expresses its desire to acquire the property.
pc: Warren Weaver V
DRAFT
Honorable President and Members of the City Council,
The purpose of the attached resolution, prepared at the request of Councilmember Frank
Christensen, is to express the intent of the City Council to acquire Peony Park as public park
property to be used for a public swimming facility and recreational greenspace. Peony Park has a
long history of providing the citizens of the City with leisure opportunities and should be
preserved for the enjoyment of future generations of Omahans.
Respectfully submitted,
Jo A. Cavel
Assistant City Attorney
•
DRAFT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Whereas, a parcel of real property, consisting of approximately 28 acres and located at
8100 Cass Street, has been the site of an amusement park and recreation area commonly known
as Peony Park since 1919; and,
Whereas, Peony Park has over the years consisted of amenities such as an amusement
park, ballroom, outdoor amphitheater, swimming pool,picnic grounds and green space and has
been enjoyed by the citizens of Omaha; and,
Whereas, in 1994 the owners of Peony Park announced that they were no longer able to
operate the amusement park and intended to sell the real property and fixtures thereon; and,
Whereas, the Peter Kiewit Foundation has offered the City a gift in the amount of$3.3
million dollars to acquire Peony Park and a loan in the amount of$4 million dollars to operate
the facility contingent upon the raising of an additional $2 million dollars in private funds; and,
Whereas, a citizen's group calling themselves "Save Peony Park" has been organized to
raise such monies in order to take advantage of such offer; and,
Whereas, the City has expressed its intent to remain neutral in such fundraising endeavors
due to the announcement by a private entity of a purchase agreement and development plan for
the Peony Park site to include apartments and commercial office and retail space and due to the
legal prohibitions against the involvement of city officials in fundraising efforts; and,
Whereas, the Master Plan shows this segment of the City is in need of green space and
park property; and,
Whereas, Peony Park provides leisure and recreational activities for the young people of
Omaha; and,
Whereas, Peony Park's historical significance as a recreational area and cultural gathering
point for the citizens of Omaha should be preserved; and,
Whereas, immediate action is necessary to acquire this property before its ownership is
transferred and the property becomes unavailable; and,
Whereas acquisition of this property as public park property to be used as a swimming
facility with open space and other appropriate park amenities is in the best interests of the
citizens of the City of Omaha.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the City Council of the City of Omaha hereby expresses its desire to acquire the
parcel of real property, located at 8100 Cass Street and commonly known as Peony Park, for
public park purposes and to operate thereon park facilities, including a swimming facility and
green space in order to preserve the recreational opportunities enjoyed by thousands of Omahans
over the past nine decades.
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
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INTER-OFFICE COMMUNICATION
LAW DEPARTMENT
28 April 1994
TO: RODRIGO LOPEZ, Chairman, Planning Board, and
MEMBERS OF THE PLANNING BOARD OF THE CITY OF OMAHA •
FROM:
Herbert M. Fitle, City Attorney
RE: POLICY STATEMENT -- PEONY PARK
Enclosed please find copy of the Policy Statement regarding the above-mentioned subject signed by
Mayor Morgan, City Council President Subby Anzaldo and City Council Vice-President Lee Terry.
It provides that the City conduct"business as usual"with regard to the Peony Park project without regard
to the Peter Kiewit Foundation's offer to the City.
For your information.
H M F:p:Hmf/Bds.
cc: P.J. Morgan, Mayor
Members of the City Council
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� NEWS RELEASE
/y
410 *
City of Omaha P. J. Morgan, Mayor
�O F o`,�
For Immediate Release Contact Person:
Monday, April 25, 1994 Vicki R. Meinhardt
1111-5286
(Omaha) On behalf of the citizens of Omaha, we thank the Peter Kiewit
Foundation for its generous offer to provide funds which may be used to ,
purchase Peony Park, dedicate the land as park property of the City of Omaha,
and provide a low interest loan to the City for site improvements.
However, the above-mentioned offer is contingent upon cash contributions of
the citizens of the City of Omaha in the amount of two million ($2,000,000.00)
dollars for the park improvement.
We have been advised by the City Law Department that the Mayor, City
Council and all other officers, agents, and employees of the City are prohibited,
by law, from soliciting any part of the above-mentioned two million dollars.
The Nebraska Supreme Court has applied this law to fund drives of this type.
Thus, all City officials cannot solicit persons to contribute to the Peony Park
Project. The City is automatically separated from any such fund drive.
We further recognize that we must continue to perform our duties as the
Mayor, City Council Members and all other City officials with fairness to all
parties who have an interest in Peony Park including the Cass Street Partnership.
This means that the Cass Street Partnership will be treated as any other developer
with a proposed project and its project will be judge without regard for the Peter
Kiewit Foundation's offer to the City.
•
As the Mayor has expressed for the record, several times in recent week, he
respects the fact that another entity has an option on the property and in no way
wishes to interfere with that venture.
-more-
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1819 Farnam Street, Suite 300 Omaha, Nebraska 68183-0300 Telefax(402)444-6059 (402)444-5000 L.?'recycled paper
Again we express our thanks to the Peter Kiewit Foundation, but we feel that
we should make our position clear to the Peter Kiewit foundation and all of the
citizens of the City of Omaha.
G iL V
MA O OF THEE OF OMAHA
/ f
PRESIDE OF CITY COUNCIL CE PRESIDENT CITY COUNCIL
-3 0-
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• - . •,• y
REQUEST TO LAW DEPARTMENT LAW DEPARTMENT USE ONLY
LOG BOOK NO. a2ei '-4i— &//ft.//c...
TO: HERBERT M. PITLE, CITY ATTORNEY DATE ASSIGNED 0 - c'- �� /
% I
DATE: July 8, 1994 '%. ,. , °, '< ASSIGNED TO (.�'U<<-
DATE ANSWERED
REQUEST B r MADE BY: On Behalf of Councilmember Frank Christensen
Warren Wear, Council Staff Assistant 6298
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPT.
July 13, 1994
DATE:
REQUEST FOR: Draft Resolution - Purchase of Peony Park
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
Councilmember Christensen requests a draft Resolution confirming City
Council support for the purchase of Peony Park as a City park. It is his
goal to purchase the entire Peony Park area, commonly "referred to as a
parcel of approximately 28 acres, located at -8100 Cass Street (see
Attachment 1 for legal description).
The purpose is to acquire the property for public park use and to provide a
public swimming facility. It is needed because of the deficiency of
recreational green space and park property in this section of the City. It is
needed as a method of providing leisure activities and opportunities of
recreation for Omaha youth. It is needed because the purchase of the
property by the City would preserve Peony Park's historical significance as
a recreational haven for Omaha citizens of all ages. And finally, the City
should purchase the property now while the property is still available and
alternative uses are still being debated.
Request to Law
July 8, 1994
Page Two
Councilmember Christensen requests a draft resolution be forwarded to
him, with a copy to Council Staff, on or before Wednesday, July 13, 1994.
It is Councilmember Christensen's intention to review the document with
the. possibility of placing it on the City Council's agenda for the July 19,
1994, meeting.
INFORMATION ATTACHED : YES X NO NONE AVAILABLE
wk
c: Councilmember Christensen, Council Staff
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