Vacate - portion of an East_West Alley South of Mishawaka Ave running East from 20th St of 21st St

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1 , •. MEMBERS OF THE COMMON COUNCIL November 1 , 1990 Page -2- Scott Perry 918 South 21st Street Brady August 930 South 20th Street Greg Burkowski 915 South 21st Street Rosemary Majeski 914 South 21st Street Robert Proudfitt 2002 Mishawaka Avenue Sheldon Maxey 921 South 21st Street Bradley Richards 922 South 21st Street Janice Richards 922 South 21st Street Mr. Sheldon Maxey, 921 South 21st Street , Mr. Bradley Richards , 922 21st Street, Mr. Robert Furlong, 914 South 21st Street, Petitioners , were present and spoke in favor of the vacation. Additionally, letters in support of the vacation were submitted by Mr. & Mrs . Charles Whetstone, 925 South 21st Street and Mrs . Lucille Quirk, 926 South 21st Street, South Bend, Indiana. Mr. Owen Morgan, representing Indiana Michigan Power Company, was present and spoke against the proposed vacation. Also, Mr. & Mrs . Joseph Janowski, 923 South Ironwood Drive, as well as their daughter Mrs . Judy Stabinik, 16555 Gerald Street, Granger, Indiana and Mrs . Shirley Hughes , 946 South Ironwood, spoke against the vacation. Mrs . Janowski submitted to the Board a Petition opposing the vacation signed by sixteen (16) residents . Additionally, the legal sufficiency of the Vacation Petition as filed has been raised. Board Attorney Jenny Pitts Manier informed the Board that pursuant to I .C. 36-7-3-12 , Petitioners requesting the closing of an alley must own or are interested in any lots or parts of lots and want to vacate all or part of the public way in or contiguous to those lots or parts of lots . As it appears that property owners at 923 and 925 South 21st Street have not signed the Vacation Petition and are against the closing of the alley abutting their property and none of the Petitioners have an interest in those properties , it is questioned whether the Petition meets legal requirements . A copy of the minutes of the Public Hearing, as well as the letters of support submitted and the Petition in opposition are attached. Also being submitted to you are the unfavorable recommendations which the Board of Public Works received from the Area Plan Commission and the Fire Department as well as the favorable recommendations submitted by the Department of Economic Development and the Department of Public Works .