Aktuelle Stellungnahme der Vertrauenspersonen zum Gemeinderatsbeschluß gegen das Bürgerbegehren

13.3.2019 Regina Groß, Pressesprecherin der Bürgerinitiative „Wehräcker“

Die Bürger der BI und die Vertrauenspersonen des Bürgerbegehrens sind maßlos enttäuscht und auch verärgert über das intransparente Vorgehen und den politisch fragwürdigen Umgang mit dem Willen von mehr als 700 Bürgern der Gemeinde Abstatt. Es herrscht völliges Unterständnis über die Ablehnung der Zulässigkeit, wie in der Gemeinderatsitzung vom 12.3.2019 beschlossen. Es wurden zwei Ablehnungsgründe aufgeführt:

In der Beschlussvorlage zur Gemeinderatssitzung am 12.3.2019 wird die Meinung vertreten, das am 14.1.2019 eingereichte Bürgerbegehren sei „nicht zulässig …, da der Aufstellungsbeschluss bereits am 22. Januar 2019 in der Gemeinderatssitzung gefasst und anschließend bekanntgemacht wurde“, damit sei das Bürgerbegehren „überholt und kann nicht mehr Gegenstand eines Bürgerentscheids sei“.
Für Nichtjuristen, aber mit gesundem Menschenverstand
ausgestatteten Bürgern muss diese Begründung wie
pure Ironie erscheinen.

Herr Dr. Wunder Landesvorsitzender von „Mehr Demokratie e.V. „ Landesverband Baden-Württemberg teilte dem Bürgermeister und allen Gemeinderäten am Vortag der Gemeinderatsitzung in seiner rechtlichten Stellungnahme dazu mit: „Diese Position ist eindeutig und ohne jeden Zweifel rechtsirrtümlich. Das Bürgerbegehren ist nicht „überholt“ und „unzulässig“ allein dadurch, dass der Gemeinderat nach seiner Einreichung einen Beschluss gefasst hat, der der Zielrichtung des Bürgerbegehrens widerspricht.
Eine solche Position hätte bei einer rechtlichen Auseinandersetzung keinerlei Chance.
Vielmehr verhält es sich so, dass der Vollzug des am 22.1.2019 gefassten Gemeinderatsbeschlusses (Einleitung eines Verfahrens zur Aufstellung eines Bebauungsplans) ab dem 14.3.2019 durch das eingereichte Bürgerbegehren gehemmt und gesetzlich untersagt ist. Das Bürgerbegehren hat selbstverständlich weiterhin Bestand. Andernfalls könnte jedes beliebige Bürgerbegehren sehr leicht ausgehebelt werden, indem der Gemeinderat nach dessen Einreichung, aber vor Eintritt der Sperrwirkung, etwas dem Entgegenstehendes beschließt.

In der Vorlage zur Gemeinderatssitzung am 12.3.2019 wird weiterhin die Meinung vertreten, das Bürgerbegehren sei im Übrigen auch deshalb unzulässig, weil es keinen Kostendeckungsvorschlag enthalte „zu Kosten, die bereits im Vorfeld des
Aufstellungsbeschlusses entstanden waren“. Dazu teilte Dr. Wunder mit: „Auch diese Position ist eindeutig rechtsirrtümlich, weil ein Bürgerbegehren lediglich zu jenen Kosten einen Deckungsvorschlag zu erbringen hat, die durch die Zielrichtung des Bürgerbegehrens neu entstehen, aber selbstverständlich nicht über bereits in der Vergangenheit entstandene Kosten, da diese durch den geltenden Gemeindehaushalt schon gedeckt sind. Auch dies ist in der ständigen Rechtsprechung zu Bürgerbegehren völlig eindeutig. Die Bürger der Bürgerinitiative und auch die Vertrauenspersonen des Bürgerbegehrens hatten mehrfach den Eindruck, dass sowohl Bürgermeister als auch die Gemeinderäte sich schwer taten mit einer direkten Bürgerbeteiligung im Rahmen eines Bürgerbegehrens, denn ein absichtlich unkooperatives Verhalten würde man nicht unterstellen wollen.
Zum Beispiel hätte der Entscheid über die Zulässigkeit unserer Meinung nach unverzüglich nach der öffentlichen Anhörung am 19.2.erfolgen können, nicht erst am 12.3.2019 und nicht ohne Erwiderungsmöglichkeit der Vertrauenspersonen auf die Rechtauffassung der Gemeinde.
Darüber hinaus wurden die Vertrauenspersonen nicht über mögliche Probleme und Fragen bezüglich der Zulässigkeit durch die Gemeinde informiert, obwohl der Bürgermeister dieses mit der Einreichungsbestätigung am 14.1. durch seine Unterschrift bestätigt hatte.
Es gab keine Bereitschaft zu und keine Interesse an einem konstruktiven Dialog, weder von Bürgermeister, noch von den Gemeinderäten. Selbst von der geplanten Ablehnung der Zulässigkeit wurden die Vertrauenspersonen im Vorfeld nicht informiert, geschweige denn, dass die Ablehnungsgründe erläutert worden wären. Die Vertrauenspersonen und die anwesenden Bürgern sollten in der Gemeinderatsitzung wohl „überrascht“ werden.
Die neueste Aussagen des Gemeinderates, man wolle jetzt das Baugebiet „Wehräcker II“ ruhen lassen, verstehen wir lediglich als einen weiteren Schachzug.
Denn, der Aufstellungsbeschluss auf Basis von § 13 b ist gefasst worden und gültig. Die Tatsache, dass man jetzt nicht mit der Bebauung beginnt hat nichts mit langfristiger Planung zu tun, sondern ist aufgrund der gültigen Pachtverträge vor 2020 gar nicht möglich.
Dass jetzt aufgrund des Bürgerbegehrens der Gemeinderat das Gebiet Wehräcker II in einen erweiterten Flächennutzungsplan aufnehmen und innerhalb einer langfristigen Planung entwickeln möchte, Bürgermeister Zenth sprach von einem Planungszeitraum von ca. 20 Jahren, sehen wir als Schutzbehauptung. Wir von der BI sind der Meinung, wenn diese Absicht wirklich bestehen würde, hätte der Gemeinderat dem Bürgerbegehren stattgegeben. Damit wäre für die Abstatter Bürger die Situation eindeutig gewesen, nämlich keine Bebauung des Gebietes auf Basis von § 13 b , dem sogenannten beschleunigten Verfahren, gegen das sich das Bürgerbegehren wendet.
Die Vertrauenspersonen des Bürgerbegehrens vermuten, dass mit diesem Vorgehen des Gemeinderates und des Bürgermeisters lediglich eine zeitliche Verzögerung des Bürgerentscheides auf eine Zeit nach den anstehenden Gemeinderats- und Bürgermeisterwahlen erreicht werden soll. Denn nun muss der Weg des Widerspruchs gegangen werden, um den Bürgern zu Ihrem Recht zu verhelfen, nämlich das Recht auf Bürgerbegehren und Bürgerentscheid.

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Author: Dr. Michael Groß

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