05-14-29 Council Minutes - Laserfiche WebLink

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REGULAR MEETING MU 14, 2018 Care Center, and the Whole Women's Health Clinic have a right to offices within the Bendix Commercial Node. Councilmember Jo M. Broden went on, To those concerned that this petition will create conflict zones, safety or enforcement issues, or share the opinion of the Mayor that groups diametrically opposed should not be granted permission to set up offices next to one (1) another, I urge you to look at the commitments which the petitioner has made. I believe there are seven (7) total and I would like for those to be entered into the record, please, specific to tonight's testimony. Council President Tim Scott replied, We already know those and they are already entered into the record. The proposed written commitments offered by the petitioner of Bill No. 05-18 are outlined in Attached Exhibit "A" ("Real Estate') located in the flatfile of Bill No. 05-18 that can be found in the City Clerk's Office. Councilmember Jo M. Broden continued, But I would like to actually have them entered into the record,thank you. These commitments evidence a responsiveness to the concerns expressed in the public debate. And let me go back. Why are the commitments important to mention? They were barely mentioned in the veto message to us as a community. They were not even mentioned in the media coverage. So they are important because they talk about control and a willingness to control anytime a protest happens on this petitioner's parcel of land. Let me continue. Councilmember Jo M. Broden went on, These commitments evidence a responsiveness to the concerns expressed in and throughout the public debate. I would like to expressly thank Councilmembers Gavin Ferlic and Regina Williams-Preston. They were instrumental in crafting these. Many of you have been on the Council far longer than I, but I am rather certain no other petitioner has gone to such great lengths to commit,through various measures,to ensure peaceful coexistence in the area planned that they can control. Essentially,they are controlling one hundred percent(100%) of their parcel. Two (2),no other petitioner has gone to such great lengths to work to enlighten others who might think it productive to protest or shame woman seeking healthcare services that, by right, are hers to seek. No other petitioner has made a commitment to work to establish communication channels to address issues that might arise with the neighbors or neighborhood. No other petitioner but this petitioner has agreed that if there are issues and they are at fault, they will bear the cost of that enforcement. Councilmember Jo M. Broden continued, Let me be clear. We do not, nor does the Mayor, have the power, by this zoning decision, to affect the protests that might occur anywhere along the public right of way or anywhere along that street. But by approving this petition and by voting to override the veto,the commitments,which the petitioner has agreed to, and which are enforceable by this Council, by the neighbors and the Area Plan Commission staff, can eliminate protests or harassment on the parcel owned by the Women's Care Center. Let me also be clear. If the rezoning is not granted, any subsequent residential property owner could stage protests three hundred and sixty-five (365) days of the year. This is not a threat. It could happen day one (1)that the neighbor clinic opens. This is not new information. This was brought to light in the public record and it was relative to the questions about the purchase. It was in response to questions about the purchase of the property itself. We were told in the public record that the purchase itself was a blocking mechanism to block out others who are more ardent and who are more confrontational. Councilmember Jo M. Broden went on, A veto override is a vote in favor of public discourse and the public process. The Chief Executive's reliance on statistics from an unknown source which was not evidenced in the public record, nor debated in this public venue before this Council, the reliance on that information and that data to veto an affirmative, albeit close, decision by this Council on a rezoning ignores what was in the public record. There is deep value in sitting here listening to people as they stand before us, state their name, provide their address and make their argument or offer us insight. In this particular case,the public record,as I stated earlier, spans from January 8t",2018 to today.And within that public record, critical facts missed in the veto statement are the innumerable times that the Women's Care Center stated that they don't contribute violence, they don't support violence,they don't allow harassment, and also refute any other claims related to that. It is not fair to tag this petitioner with problems that others create. 6