Continuously serving Kosciusko County since 1854
WINONA LAKE - More than 50 people crowded into council chambers Tuesday to discuss the future of a parcel of land adjacent to property owned by Jim and Lisa LeMasters. Since 1958, the Winona Lake Lions Club building has occupied the space on the northeasternmost point of the residentially zoned island.
Councilman John Boal reviewed the history of the town's relationship with the Lions Club building and the pending lawsuit.
Town council minutes from 1958 and 1959 indicate the building was intended to be built on "Camp Kosciusko" property. Building west of the "laguna," as the canal was called, on the north end of Canal Street was never approved. Mention was made of a lease agreement with the town, but no such document was ever produced for signatures, according to the minutes. Turning the building over to the town for use as a public structure also was discussed at one point.
The LeMasters own several combined parcels on the island. The easternmost parcel is identified as 006-070-166. The parcel occupied by the Boy Scout cabin is 006-070-166.LL (LL stands for leased land.)
The LeMasters asked the town to vacate the right of way in 1998 and the council voted against the vacation. A public right of way is to be used for the purpose of transportation.
According to the history, in 2001, Jim LeMasters approached council members after a meeting asking what would be done with the Lions Club building. At a meeting with the Lions Club representatives, they were offered free use of the community building and/or land where they could build or move the present building. The Lions Club representatives asked for $75,000 for the building and $8,000 for the seawall.
In June 2002, the Lions Club sent a letter to the town with more proposals.
In November 2002, the town offered the club a 10-year lease for free use of the community center during club and Boy and Girl Scout meetings.
When the club didn't reply to the lease offer, the town asked that the club remove the building within 60 days.
In July the Lions Club filed a suit against the town and the LeMasters. During mediation proceedings, the town again extended free use of the community building for 10 years and indicated it wanted to retain a 10-foot right of way along the canal as an extension of the proposed greenway trail.
Town attorney Jim Walmer said the town is obliged to follow the terms of the mediation or wind up back in court.
Agreements between the Lions Club and the LeMasters were not discussed Tuesday. The case is still pending. Nineteen citizens spoke during the special meeting, many seeking answers to property issues and others expressing their opinions regarding the future of the parcel.
Anita Thomas, 210 Esplanade, who presented petitions during the council's last meeting, talked about the "value of the point to the community." She would like to see a small park there and said the taxpayers are not in favor of a vacation.
Jerry Nelson, of 1012 Court Circle, also suggested the people on the island would like a park or greenway area. He said the town is giving the LeMasters 54 feet of valuable lakefront property when the area is vacated.
He suggested the area be blacktopped to accommodate off-street parking for boat rentals. Another solution Nelson suggested was to institute a condemnation suit to determine ownership and value of the property so the town could use it to the benefit of all the residents.
Jan Nelson, also of 1012 Court Circle, asked the councilmen to consider the kind of precedent they are setting by "giving" the property to the adjacent property owners.
Councilman Jerry Clevenger reminded her that at one time the easement for Esplanade ran to the edge of the lake and the town vacated much of the lakefront for adjacent property owners' private use.
Town building commissioner Dick Leaf, 104 E. 12th St., asked what kind of park people had in mind and who would pay for the landscaping and maintenance of the area. He asked if people were award of the level of vandalism in the current park.
Nelson resumed the floor, saying he didn't know the LeMasters. Jim LeMasters, sitting directly in front of Nelson, held up his hand to identify himself.
Nelson suggested the trees LeMasters planted on the westernmost area of his property were put there with a "mean spirit" because they block the view of the lake. He then suggested LeMasters would build an unattractive structure on the property.
Clevenger advised Nelson against personal attacks and asked Nelson to sit down.
Leaf advised everyone that an unattractive building would not be built.
Town attorney Jim Walmer explained that this lot actually extends to the middle of the canal and the LeMasters would have private use of it except the town has a right of way over it. The Lions Club building is considered adverse possession of a public way.
"The right of way actually belongs to the state for public transportation. The state has given municipalities the power to vacate the right of way," Walmer said.
Bill Volkers, 1010 Court Circle, just wanted to see "plain" grass growing there.
Retha Hicks, town clerk, said she owned property on Court Circle that had a lovely view of the lake. Hicks and her husband intended to retire to the island until the property owners across the street requested and were granted a vacation. The lake view was replaced by a garage view.
Hicks said she wrote a letter to the council to remonstrate the vacation and urged her neighbors to attend meetings.
Theresa Smith and Chris Volkers spoke about the beauty of the island and how there are fewer and fewer places to see the lake.
Several people said they wish they could have had input on the town's mediation.
Clevenger said the lawsuit was "front page" news (Times-Union, Aug. 13, 2003) and that the council holds meetings twice a month.
"There is an item called floor topics when anyone can speak. No one voiced their opinion on the lawsuit or property," he said.
"I assure you where I live on the east end of town, my neighbors would not consider coming to a park on the island. I'd hope you'd think I base my opinions on what's best for the community."
Winona Lake Town Council members are: Jerry Clevenger, David Delp, Rolly Ortega, John Boal and Jeff Carroll.
