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REGULAR MEETING April 9, 2018
<br /> Bob Palmer, Common Council Attorney with offices on the 4th floor of the County-City Building,
<br /> South Bend, IN, stated, The criteria for considering this rezoning request will be displayed on the
<br /> screens throughout the remainder of this hearing.
<br /> Councilmember Oliver Davis asked,Where would the public safety standpoint fall under for these
<br /> criteria?
<br /> Mr. Palmer replied, Interpretation relies within your discretion. There is no legal definition of
<br /> public safety and how it affects your decision is within your discretion.
<br /> Councilmember Jo M. Broden asked, Could Ms. Smith address the Area Plan Commission vote
<br /> and how it transpired?
<br /> Ms. Smith replied, We had eight(8)members present at the meeting. There was a motion made to
<br /> send favorably and it failed to carry on a seven (7) to one (1) vote. There was a motion made to
<br /> send unfavorable and I believe it failed to receive a second. Ultimately, there was a motion made
<br /> to send with no recommendation which passed eight(8) zero (0).
<br /> Councilmember Regina Williams-Preston asked, Does this fall within the plan?
<br /> Ms. Smith replied,The property in question is located in the Bendix Node as identified in the West
<br /> Side Main Streets Plan. It is part of the Bendix Mixed-Use Node.
<br /> Richard Nussbaum, Attorney with offices located at 210 S. Michigan Street, South Bend, IN,
<br /> served as the petitioner for this bill. Mr. Nussbaum stated, You heard a great deal from me at the
<br /> Committee meeting this afternoon and after consultation with your Attorney, Mr. Palmer, I'm
<br /> convinced that what I said to you and the materials I provided are part of the record. For purposes
<br /> of this public hearing, I am not going to repeat what I said so that we can move things along more
<br /> quickly. I yield the rest of my time to Jenny Hunsberger. We have attempted to limit the number
<br /> of people who actually speak in favor.
<br /> Jenny Hunsberger, 360 N. Notre Dame Avenue, South Bend, IN, stated, I serve as Vice President
<br /> of Women's Care Center. President Scott and members of the Council, thank you all for the
<br /> incredible amount of time, effort and thoughtful consideration you have put into this rezoning
<br /> petition. So many of you took the time to come to the Care Center and see what we do and we
<br /> deeply appreciate that. Tonight, I am asking you to vote in favor of our petition to rezone 3527
<br /> Lincoln Way West as OB, Office Buffer. I want to make three (3) points for your consideration.
<br /> One (1), Women's Care Center is neither political nor activist. Two (2), Women's Care Center
<br /> provides women choice. And three (3), Women's Care Center provides a depth and reach of
<br /> services to women, children and families in South Bend that is critically needed on the West Side.
<br /> To the first point,we are not political and we are not activists. Women's Care Center has not taken
<br /> a position on the presence of the proposed abortion clinic in town. I received many calls from
<br /> media outlets regarding the clinics presence and we did not comment. The letters you received
<br /> regarding the proposed abortion clinic were neither from us nor endorsed by us.Further,as a matter
<br /> of policy, we do not allow protesting or any appearance of protesting on our properties. To
<br /> demonstrate our commitment to this policy to the City of South Bend, we will, in writing, forfeit
<br /> our first amendment right to free speech by not allowing protestors on our property. We happily
<br /> give up this right because protesting is contrary to our model of care and not good for our clients.
<br /> We project fourteen hundred(1,400)will walk through our doors at 3527 Lincoln Way West next
<br /> ygar. We provide them an environment that welcomes them home. I don't want them walking
<br /> through protest lines at Women's Care Center any more than I want women walking through
<br /> protest lines at my home. To the second point, we exist to provide women a choice. Some have
<br /> asked why this location and why now. For over thirty-three (33) years, we have opened locations
<br /> where the need is greatest. We go where we are highly visible to women and easily accessible. We
<br /> know that women who find themselves at an abortion clinic are making a decision. Our guiding
<br /> principle is to offer each woman a concrete and practical opportunity to choose life without
<br /> judgment. Our work is not to restrict choice,rather, it is to expand choice. We do this by providing
<br /> knowledgeable, comprehensive, skilled and sustained care and education, all in an environment of
<br /> welcome, safety and peace. Simply stated, no woman should feel like she has to have an abortion
<br /> because she hasn't been blessed with the resources, support or opportunities that others have. 3527
<br /> Lincoln Way West gives these women a real choice. To the third point, we provide a depth and
<br /> reach of services to women, children and families in South Bend that is critically needed at this
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