Warsaw City Council, citing a concern for the greater public good, denied a recommendation to vacate the city's right-of-way of a portion of Widaman Street Monday.

"The basic question tonight is whether the public right-of-way provides public access to the lake," said City Planner Jeff Noffsinger in explaining Ordinance 98-11-1.

The ordinance would have vacated a 31-foot right-of-way from Brubaker Street to Pike Lake, with one-half of the right-of-way going to the adjoining property owners Lewis P. Dobbins and David Essig.

"Our purpose for seeking the vacation is to be able to expand our lot so that we can meet the city's requirement for lot width for the purpose of building a retirement home on the lot," Essig said.

Essig's lot, which lies to the north of the right-of-way, is currently 45 feet. The city requires a 20-foot setback.

Kermit Collins, 1619 Widaman, said he lives across the street from the property in question and has helped maintain the right-of-way for most of the 30 years he has lived in the Lakeside Park Addition. If the vacation is approved, he said, it would not only hinder his access to Pike Lake, but also would have an adverse effect on his property value and those of his neighbors.

"I've lived at that corner (Brubaker and Widaman) for more than 30 years. I even kept my boat there for many years," he said. "I've even taken care of the property - mowed it and raked the leaves.

"I don't think it's fair to the people who live around there if they don't have access to the lake," Collins said. "I've consulted with several realtors and they've told me my property would lose $10,000 of its value if I don't have access to the lake."

The council agreed with those opposed to the vacation request, denying the request 6-0, with Mac Silveus abstaining.

In other business, the council referred to city attorney Mike Valentine a plan by the Parks Department to increase park rental fees for large events, such as concerts in Central Park, sponsored by private groups. A proposed fee of $1,000 was adopted by the park board at its Oct. 27 meeting.

"The park board asked that we study the rental fee structure for Central Park and Central Park Plaza last summer," said Park Superintendent Jon Garber. "A committee was formed, and they made a recommendation for the new rental fee. They accepted the recommendation in October."

The new fee structure calls for a $1,000 rental fee for any event with attendance of 500 or more. In addition, the event sponsors would also be responsible for providing their own security.

"I have my reservations about asking private, nonprofit groups to pay $1,000 to use the park," said councilman Jerry Patterson. "After all, we regularly waive the building permit fee for these kinds of organizations, and that's only $75. Now we're asking them to pay $1,000 if they want to use the park?"

The council referred the question of the new rental fee structure to Valentine to determine if the new fee structure required a city ordinance before it can be collected. [[In-content Ad]]