Sale of Bloomington police station: City officials look to smooth over objections based on century-old deed

Some wheels that were set in motion by Bloomington’s city council just about a year ago foresaw the sale of the current police station at 3rd and Lincoln streets.

But there are some major political and legal wrinkles that will need to be ironed out to make that sale possible.

On the political side, it’s not clear if there will be a five-vote majority on the city council, which would still be needed to support the sale of the police station.

On the legal side of things, there’s a century-old clause in a deed that is connected to a land conveyance to the adjacent park that is now called The Waldron, Hill and Buskirk Park.

Political hurdles for sale of police building

The council’s action in the first week of December last year put the basic financial backing in place for several public safety projects related to police and fire facilities. The council’s 8–1 vote to issue $29.5 million worth of bonds in the first week of December last year meant some of those projects could move ahead without further council action.

Those included the renovation of the the fire department’s Station 1,  which has been out of service since the Kirkwood Avenue flood of June 2021.  On Friday this week, the groundbreaking on the renovation took place. That put some construction fencing in place around the perimeter of the site, for a project that is expected to take about a year to complete.

But Bloomington mayor John Hamilton’s plan, which was supported by the council’s decision to issue the bonds, also called for moving police operations from the 3rd Street building into the Showers West portion of the city hall building. At the time, the city of Bloomington did not yet own that portion of the Showers building.

Despite its greenlight for issuing the bonds to support the purchase of the building, the city council delayed its decision on the purchase of the other part of the Showers city hall building until the end of January this year.

On Monday (Dec. 4), the city council has a noon work session scheduled to discuss the Showers renovation construction plans, which are currently out for bid.  Bids are due by Dec. 11.

At that work session, the Hamilton administration will also be looking to allay some council concerns that linger from the 5–4 split vote to purchase Showers West. Some of those concerns are related to the sale of the police station building.

At the council’s most recent meeting, Dave Rollo, who voted against the purchase of Showers West, expressed some frustration about getting information about the appraisals that have been done for the police station. The most recent appraisal obtained by the city was done by First Appraisal Group, Inc. The city paid $4,000 to First Appraisal for that work on July 21.

Responding to an emailed question from The B Square, deputy mayor Larry Allen indicated that the appraised value for the police station property could be forthcoming at the Dec. 4 noon work session. He wrote: “We have not announced the appraisal prices because potential offers are still in play. I anticipate sharing the amounts from the appraisals with Council and the public on Monday.”

Offers on the police station, for which the city has set a minimum of $3.2 million, are due by Dec. 12.

Legal hurdles to sale of police building

The land where the current police station stands was conveyed to the city 100 years ago, by members of the families after whom the park is named: The Waldron, Hill and Buskirk Park. They placed a condition on the land transfer.

The Jan. 3, 1923 document  that conveyed the real estate to the city state states (emphasis added in bold):

It is agreed by and between the parties hereto that the principal consideration for the deed is that the above and foregoing described real estate shall be used exclusively for a Free Public Park, for the use of the Citizens of Bloomington, Indiana; and that the same shall be named and maintained under the name of The Waldron, Hill and Buskirk Park. And it is further provided that 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.

Philip C. Hill is a descendant of the Hill family. In a hand-delivered letter dated on Tuesday this past week (Nov. 28), Hill laid out his legal position on the planned sale of the police station building.

From Hill’s letter:

We believe the real estate deed to the City contains what is commonly known as a “Reversion Clause” which requires the real estate to revert to the ownership of original donors or their heirs, if no longer used for City purposes. Please be advised that we intend to enforce the Reversion Clause in the event the City sells the real estate or in any manner attempts to convert it to private use. The intent of the donors should be honored and the public should have the benefit of the donation.

Deputy mayor Larry Allen, who until this summer worked in the city’s legal department as an assistant city attorney, responded a B Square question about the legal issue by writing, “[W]e were aware of the terms of the original donation/sale of the land and based upon our research last year concluded that we are able to sell the headquarters parcels and adjacent parking lot, which have not been used as a park for more than 50 years.”

Allen continued, “The potential sale would not encroach upon the park or alter its status. We have made significant investments in the park and will continue to do so long into the future.”

Allen also expressed the city’s regard for the families. He wrote: “We also continue to honor the gift the Hills made to the City along with the Buskirk and Waldron families. They have been generous, supportive patrons of our community.”

Allen wrapped up by indicating the city has already spoken with Hill and is looking to continue the conversation: “We have spoken with Philip Hill and Nat Hill IV and anticipate meeting with them both to continue our dialogue.”

The history of the park, its naming, and the police station at its current location is a little bit tangled. Aerial images from 1949  and 1961 show how the park extends to include the corner at 3rd and Lincoln streets.

But the police station building was constructed to stand on the corner in an area that was considered to be a part of the park.

A June 17, 1963 editorial in the Herald-Telephone, as Bloomington’s local newspaper was known at the time, praised the decision to build a new police station at the corner of 3rd and Lincoln streets. The op-ed starts off like this: “Commendation certainly is due those who had a hand in selecting Third Street Park as the site for the new City Police Administration Building.”

The police department did not move into the building immediately after it was built. Instead, it was city hall administration that moved into the building. It was not until 1998, after city hall moved into the Showers building, that the police department moved into the building, which had been constructed for it three and a half decades earlier.

In the 1963 editorial, the reference to Third Street Park was standard for that era.

Bloomington apparently did not make good on the naming clause of the 1923 document until 2011, under Bloomington mayor Mark Kruzan’s administration. Based on H-T newspapers coverage at the time, Bloomington resident Evelyn Powers discovered the deed and brought it to Kruzan’s attention. The mayor was skeptical, based on the newspaper accounts, but it all checked out.

So in April of 2011,  the city hosted a renaming ceremony that was attended by Hill family descendant Nat V. Hill Nat U. Hill, who is quoted in the H-T’s coverage saying, “Call this park what you will as long as you maintain the belief that it should remain a free public park.”

The failure of the city to follow through on the 1923 deed was chalked up by the H-T to the record keeping of the parks board at the time. A short op-ed from April 8, 2011 includes this description: “But apparently city officials back then fumbled the name in parks board minutes and the Third Street Park emerged by default, to stand for more than 80 years.”

But the fact of the 1923 deed’s existence was publicly known almost a decade before the renaming ceremony. The H-T published a front page article on Dec. 8, 2003 about the history of the Third Street Park. The article jumps to a page that includes a timeline for the park. One of the points on the timeline reads:

1923: Major portion of the park land was donated by Hill-Buskirk-Waldron family, to be named and maintained under the name of “Waldron, Hill and Buskirk” Park. Henry Gentry led 50 volunteers into property to clean it up.

The city council’s Dec. 4 work session starts at noon in the McCloskey Room of city hall.