Auberlich remained calm. If they were angry, renate haass, jutta heinlein and klaus christof (KIK) hardly noticed it on thursday evening. Nevertheless: the outcome of the kitzingen city council meeting was not at all to their taste.
Haass and heinlein, the initiators of the "yes, we can" citizens' petition for the protection of the right of first access to the marshall-heights, had collected 1480 valid citizen-signatures with the support of the municipal initiative kitzingen (KIK). Their goal: the city should preserve the housing in the former u.S. Housing estate as far as possible, therefore use its right of first refusal and later sublet the 700 housing units, whereby the new owners should have rough freedom of design. However, a referendum in the sense of the initiative will probably not be held.
40 spectators witnessed an emotionally charged meeting. In the end, it was clear that the citizens should have a say in the future of the former U.S. Housing estate "marshall heights be consulted – but not in the way the marshall-heights initiative wanted. Because: the slim majority of 15:14 city councilors judged the citizens' petition of the initiative to be inadmissible.
Haass, heinlein& co. There is still the option of taking legal action. Whether they will take this path is still open. Haass said yesterday on request: "we are waiting for the decision from the city and are very curious about its justification. Then we might consult administrative lawyers."
After nerve-racking hours, the council majority (18:11) gave the go-ahead for an emergency motion, which 14 council members from the CSU, SPD, odp, two etc. Council members and the independent 2. Mayor werner may had jointly put forward. They also want to consult the citizens, but – in contrast to haass and heinlein – do not want to exercise the right of first refusal at all, but rather participate in the public bidding process and acquire at most parts of the site themselves "for housing and non-storied commerce".
Legal counsel susanne schmoger had explained the legal situation in detail – also with regard to the citizens' petition of the haass-heinlein-KIK initiative. Although the councilor saw "certain weaknesses in the wording, but overall the citizens' petition is admissible.
Schmoger also stressed, however, that even a successful burgers' referendum "does not mean a decision to buy the flat" means. The citizen's petition is legally complete as soon as the federal agency for real estate tasks (bima) has received the kitzingen utilization concept regarding the marshall heights. In the following price negotiations, the city council was "completely free again".
What is the point of the request at all, asked the city's development officer thomas rank (CSU)?. It is "absurd", to consult the burghers, when in the end everything depends on the price.
Schmoger's answer was clear: a citizens' petition is a democratic element of our constitutional state; and this does not value the questions. He also did not distinguish between meaningful, clumsy or even blod questions.
"Yes, we can – go for broke
"There is a better way", stated andreas moser (CSU) and dr. Brigitte endres-paul (SPD) emphasized that she had great respect for the burgers who signed the petition, but that it was a "sensible development was only guaranteed by the urgent motion from the council ranks. The head of the SPD parliamentary group boldly proclaimed the motto of the KIK initiative: "yes, we can – go for broke!"
This brought jutta wallrapp (FBW-) into the fray; she objected vehemently. KIK boss klaus christof poked at old wounds: for years, the city council had failed to think independently about the development of the land, only KIK and the initiative had become active. Despite his words, it was clear after the 14:15 vote that the demand was off the table for the time being.
What now? "We want a sustainable development of housing in the entire city", stated jens pauluhn (odp). He recalled the city council's decision in early march, when a 19-9 majority voted against the right of first refusal and in favor of a city-contracted use of the marshall-heights apartments. This was exactly the aim of the urgent motion from the council ranks. "We want to involve the citizens in the decision-making process."
Thomas rank added: "we, the signatories, consider the goal of the citizens' petition to be correct, to initiate a development up there – but under no circumstances via the right of first refusal!" The latter would drive the price unnecessarily high.
Mayor siegfried muller (etc.) confirmed this: "whoever sets the rough preservation of the apartments as a goal from the outset can expect a much higher purchase price than in the case of partial use." It is important to include the results of the current housing analysis for the whole of kitzingen in the utilization concept and then "submit an offer like all other bidders".
Karl-heinz schmidt (etc.) sharply disagreed. Kitzingen will have no time for concepts, because bima will start the bidding process "as soon as possible" initiate. "By the time we get hungry, the others have already eaten the sausage", jutta wallrapp also warned.
Their sausage, however, was 18 rates wurscht. They voted for the council petition, eleven council members were against it. It is not yet clear when the citizens will be consulted. A petition initiated from within the council is not bound by the usual deadlines, explained councilwoman schmoger.
Renate haass will probably not give up without a fight. Although she kept her composure yesterday, she showed at least a little frustration: "citizen's petition, council petition: you can't communicate this to the people anymore." Haass: "the city is sinking into chaos."