By COLE REIF
Great Bend Post
At the July 15 meeting, the Great Bend Planning Commission’s recommendation to pass an ordinance, approving a zoning request at 1013 Hubbard Street, was presented to the Great Bend City Council. The council voted 4-2 in favor of passing the ordinance, switching the real estate from R-3 (multi-family) to C-2 (general commercial). Jesus Carbajal plans to build a shop on the property that would store equipment and material inside.
RELATED STORY: Great Bend council approves rezoning property on Hubbard
Kansas statutes state that no ordinance is valid unless it receives the vote of the majority of the members elect, which the Great Bend council has eight members. At the July meeting, City Attorney Allen Glendenning mistakenly stated there was an exception for zoning ordinances, thus allowing the rezoning to falsely pass.
The matter was revisited at Monday’s meeting to clear up confusion on the invalid rezoning ordinance.
"I met with Mr. Carbajal and his wife personally and explained the situation to them," said Glendenning. "They understand this, but as you recall on these zoning ordinances you have three options. You can vote to override the recommendation of the Planning Commission, which takes six votes because it has to be a two-thirds majority. You can vote to adopt it which takes five votes. If either of those fail, it goes back to the Planning Commission."
The city council voted 6-1 to reconsider the matter and pass the ordinance.