Concerns raised about park restrictions

CELINA - City council members on Monday night expressed concern about the restrictions Bryson Trust officials have proposed for a new park along Lake Shore Drive.

Mayor Jeff Hazel said trust officers ultimately will have a significant say in what goes into the park because of their commitment to pay 90 percent of the $2.94 million purchase with funds designated for a very specific purpose.

The Bryson Park District, named in honor of trust founder Ed Bryson, is planned for 8 acres of land in the city's possession.

Before city officials can design a new park, they must agree with Bryson Trust Fund officers about allowable land use and amenities. That agreement is expected by late summer or early fall, Hazel said.

Attorney Molli Schleucher, who works with First Financial Bank officers representing the Bryson trust, attended the meeting to address questions. She was accompanied by fund trustee Carolyn Pancake and Mercer County Assistant Prosector Andy Hinders. Hinders came on behalf of probate court judge Mary Pat Zitter, who reviews and approves or denies requests for park-related capital projects.
Schluecher briefly outlined the proposed restrictions before engaging council members in an hourlong discussion that was at times tense, culminating with council president Jason King's strongly worded opinion that citizens should have the largest voice in how the park is developed.
Any restrictions are intended to comply legally with the trust's intent and are "narrowly tailored towards children and the park atmosphere," Schluecher said. The deed negotiations include Hazel and city safety service director Tom Hitchcock.

"The trust is actually pretty narrow in regard to what it allows," Schluecher said. "Mr. Bryson wanted it to be for parks ... establishing the swimming pool and children in general."

The restrictions will govern allowable park improvements, she said. Not all of the land is under the trust's control, notably the hot water hole and parking lot. That's where the Harley Jones Memorial Amphitheater likely will be constructed with state capital budget funding.

Any proposed improvements not listed in the agreement must be approved by the probate court, Schluecher noted.

"If such actions are taken without prior court order, the person or persons or entity responsible shall be subject to a civil citation of contempt and be held personably responsible for all expenses, costs (and other actions) to return it to the original condition," she said.

Furthermore, the land must remain a park district and bear Bryson's name. The view of the lake must remain unobstructed. All concrete slabs, streets, curbs and roads from the former mobile court must be removed and replaced with grass.

Councilman Mike Sovinski questioned the reason why the city must remove all the pavement.

"We should be able to have the ability to leave it there in place if we decide that it can be used for purposes of the trust without having to go to the courts," Sovinski said.

Hitchcock replied the city intends to remove all pavement.

"I'm not sure we want to design a whole park layout for drainage based off one stretch of asphalt that's not in good condition to begin with," he said.

Councilman Jeff Larmore said the city needs to hire a park designer.

"I don't see this thing being kind of phased in over 20 years. I kind of see this getting developed pretty quick, I would hope, because it's in the gateway of the community," he said.

Schleucher said she doesn't oppose bringing in a professional designer, noting the restrictions only outline allowable uses.

"It's not mandating any of these things be there. Nowhere in here does it say that you have to put three playgrounds or you have to put a low-rim basketball court," she said.

The trust documents were very specific - establish a swimming pool and give kids a place to go, Schleucher replied.

"Purchasing a park is a little bit different, and that's where we are having to go to the court and ask for that variation from the trust," she said.

Hinders said the development will require the judge to expand the trust beyond its original terms and determine any conditions on the plan.

Questions arose about the creation of a park map. The map was initially drawn as part of an America's Best Communities competition application, Hazel said.

"It's more of a placement issue rather than what we're putting in it," Schleucher said.

Councilman Eric Clausen asked if a final concept would be made public.

"We would certainly bring it back. I think that's obviously the prudent thing to do," Hazel said. "This is a very, very large purchase. It still does have to comply to the terms of the will. It's not just a trust. There's a will that backs up the trust."

Council can't look at this as having gotten a "a free piece of ground, let's go do what we want," Hazel said. "It can't be that way. Not today and not down the road."

Councilman June Scott spoke of a past master plan for the Lake Shore Drive area that was rejected by voters more than a decade ago.

"That was a major, major issue and still is in this community, so we've got to be careful on our approach to all that and make sure that ... the majority is on board with this," he said.

Hazel said the master plan would have required the purchase of several properties, but the city already controls the 8 acres in question with the trust's financial backing.

Sovinski said officials should focus on the restrictions not a subjective park map. Park design should be left to a professional, he recommended.

The map is just a guideline, Schleucher said.

"It still has to go back in front of the court even if we didn't have a map, we just had restrictions," she said. Schleucher noted very strict restrictions are in place, including a court-ordered approval of any modification, construction or revision.

"That's what we've always done, Molli, right?" Larmore asked.

"Being that it's such a large expenditure for the trust we're going to have to dot those I's, cross the T's a little bit more than what we have," she said.

The worst thing the city could do is design the park piecemeal, Hitchcock said, calling for a solid plan.

Trust officials are not trying to create such a scenario, Schleucher said.

"If what council's looking for is the quick, easy, you know, 1-2-3, these are the restrictions, I think that this property and the amount of time it's going to take and the amount of money that's going to be invested in it, there will be some very specific restrictions that will be coming straight out of the trust into that," Schleucher said.

King said he originally totally agreed with the trustees' proposal to city officials. The city doesn't want to sell the property, commercially develop it or obstruct the lake view, he said.

"We're all in agreement on those main things, and I think that's where we've got to draw the line," King said. "To me it started getting very narrow, too narrow: words like 'shall,' 'restrictions,' 'controlled.' And to me the park is for the people of Celina and we represent the people of Celina."

Celina residents, he continued, should have the biggest voice in what goes on in the park that is deeded to the city.

"Even though the Bryson Trust generously gave the money, the people need to be heard on what goes on in our parks. And that's my biggest concern," King said.