The City of Bloomington’s plans to sell the police station on Third Street may have hit a roadblock, as a descendant of the original owners says the sale would breach the terms of a property deed.
Philip C. Hill, a descendant of Nat U. Hill and Bess V. Hill and a retired Bloomington attorney, said if the land sold to the city in 1923 is not kept in public use, ownership must revert to the original owners’ heirs.
Mayor John Hamilton has said the building will be sold for private use and possibly transformed into housing.
Hill wrote a letter to Hamilton Tuesday urging him to reconsider the current plans.
“It’s a violation of the deed, and it’s certainly a violation of the spirit and the intent of the deed,” Hill said in an interview with WFIU/WTIU News. “It’s a shame that the city is willing to disregard the terms of the gift my family made, and It’s a shame that the city would deny the public the right to use that property.”
Hill’s ancestors and several other families sold the land to the city with the purpose of establishing a city park, later known as Third Street Park. The city renamed it the Waldron, Hill and Buskirk Park in 2011.
Hill wrote if the city moves forward with its plans, he intends to enforce a reversion clause, which indicates ownership of the property will revert to the original owners or their heirs if certain conditions are not met.
Hill said he was not aware of the city’s plans until recently.
The deed states, “(The property) shall be used exclusively for a free public park, for the use of the citizens of Bloomington, Indiana … should the grantee herein, or any other body that shall hereafter assume their duties, fail to maintain said park as above described and for the use and purpose mentioned, the said real estate herein described shall revert to the grantors herein, their administrators, executors, heirs and assigns.”
Angela Van Rooy, a spokesperson for Hamilton’s office, said the city reviewed the issue last year and determined it can sell the property for private use.
“The plan is, yes, to move forward with this,” Van Rooy said. “We’ve been working on this for a long time and hope to get it accomplished before (Hamilton) leaves office, but we will see.”
Van Rooy also said Hamilton has reached out to Hill and his brother, and that communication is ongoing.
“Mayor Hamilton has expressed his gratitude to the Hill family and their ancestors for not only this piece of property — the Waldron, Hill and Buskirk Park — but also, the Parks Department has worked with them in many different settings,” she said. “They’ve been very generous to the City of Bloomington. We continue to thank them for that generosity.”
Hill described his latest conversation with Hamilton as cordial and said they will speak again next week. Neither he nor Hamilton have changed their positions, however.
“That real estate should be used for the public, not for private apartments or whatever may go in there,” Hill said. “It is our hope that will be the resolution without any legal proceeding.”
The west part of city hall is commonly referred to as Showers West because city hall used to be a Showers Brothers factory building.
The plan depends on the sale of the current police station for more than $3 million. However, Van Rooy said the city is confident it can come up with the money for the project.
“As with any bond project, costs are reevaluated as time goes on,” Van Rooy said. “You have projections in the beginning (but) those don’t always pan out, and things get adjusted. Because the bond is actually encompassing four projects that have been identified previously, it’s entirely possible that something may not be able to be done with the amount of money that has been allocated.”
The Showers West project has garnered backlash from the local police union and some city council members, who are concerned about its safety, feasibility and cost.
Earlier this month, Mayor-elect Kerry Thomson wrote a letter to Hamilton asking him to not make strategic decisions that will have an impact past the end of 2023. Thomson said the letter was prompted by the Showers West project.
Council member Susan Sandberg, who has long opposed the plan, said she was surprised by this development.
“This was just clear incompetence to not even recognize that there was a deed restriction,” Sandberg said. “Generally, in the last year of a term, you’re gentle. You’re calm. You’re not trying to rock the boat … that has been the opposite of this administration.”
The council must approve the sale of the police station for it to move forward. It is set to vote on a resolution Dec. 13, according to Council Attorney Stephen Lucas.
If the council does not approve or reject the sale, it could postpone voting to another meeting; in which case, it would be the incoming city council’s responsibility. It could also come back later through a different resolution, depending on how the city proceeds.
“I’m sighing some relief,” Sandberg said. “I think it’s dead for 2023. It appears to me it will be taken up by the new council.”
The council is scheduled to discuss the Showers West project again Dec. 4.
Bids for Showers West and the police station are due Dec. 11 and Dec. 12, respectively.
