A proposal to rezone a portion of East Second Street for a condominium development is going back to the drawing board.
Rather than take public testimony on the zoning change Sept. 5, the Superior City Council will consider referring the plan back to the plan commission.
Councilor Tom Bridge will ask for the referral. He was one of four councilors who voted July 24 to refer the zoning change from the plan commission to the city council. Without his vote, the matter could not have considered.
Zoe Tempelis, owner of the Stockade Motel, plans to sell his property to Ideal Homes of Superior and Barnum for development of a 14-unit condominium project. Bridge owns a 16 percent stake in the realty company assisting with the sale of Tempelis' land. Bridge said he wants to avoid any appearance the zoning change was handled inappropriately. He plans to abstain from any further decision-making on the issue.
After a review of the city's ethics ordinances, there didn't appear to be any reason for Bridge to withhold his original vote, said City Attorney Frog Prell. However, a later review of state law concerning ethics swayed Prell's opinion, which he forwarded to Bridge.
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"It seems to me -- and Frog says it's not -- that we've got an ordinance that is in conflict with what the state says," Bridge said. "The benefit to the whole company is less than $1,000. If you look at that and you look at the city codes, everything looked fine because I'll never get a nickel out of it personally, but the company will."
After learning state law was more stringent than city ordinances, Bridge said he decided to ask councilors to send the issue back to the plan commission rather than just abstaining from the vote when the issue comes before the council. Bridge plans to refrain from any decision-making on the issue if it goes back to the plan commission and when the council decides whether or not to rezone the property..
"He's decided to take the conservative approach," Prell said. "I agree with his approach."
Shelley Nelson covers Superior and Douglas County. Call 394-4411, ext. 134.
