Aspen City Council delayed a likely final vote on theredevelopment of the Bidwell Building on Monday night because e-mails receivedby council members about the project have yet to be shared with the public.
About 10 minutes into the developers' presentation layingout changes to building access for the would-be affordable housing residents,Councilman Jack Johnson asked why a number of e-mails sent by citizens aboutthe project were not included in the council's packet for the meeting. Since heplanned on basing later comments on some points expressed in those e-mails,Johnson said the meeting shouldn't continue until the e-mails could be enteredinto the public record and made available for inspection to the project'sdevelopers.
Other council members agreed with Johnson's reasoning.Mayor Mick Ireland said it would not be fair to the public or the developers ifthe substance of e-mails that might have affected council members' thinking wasnot known. The Bidwell Building was added to the City Council agenda for May27.
Jody Edwards, an attorney representing Mark Bidwell andthe Bert Bidwell Investment Corp., which is proposing the redevelopment, saidthe applicants would waive their right to review the e-mails if the councilwould go forward that evening. His appeal was shot down by City Attorney JohnWorcester.
"The public has a right to see those e-mails and Idon't think the public can waive that right," Worcester said.
After the meeting, Councilman Steve Skadron said councilmembers had received about six e-mails, all in opposition to the project. Henoted that the volume of e-mails on the Bidwell project is lower than whatcouncil members received in regard to the Wienerstube, Cooper Street Pier andLodge at Aspen Mountain projects, all of which were denied by the council,which found them out of compliance with the Aspen Area Community Plan. Councilmembers have noted that when e-mails are sent in regard to a proposed project,they tend to be in opposition.
Bidwell is proposing to raze the existing12,000-square-foot, two-story building at the corner of Galena Street andCooper Avenue, replacing it with a 28,000-square-foot, three-story structurecontaining retail and office space, affordable housing and three free-marketcondos. The Bidwell Building is home to the Kemo Sabe store and a sunkencourtyard, which is seen by some as valuable open space and by others as afailed retail location that can't retain a tenant. The proposed project wouldbe built lot line to lot line.
The Bidwell redevelopment is the last application to beconsidered under the development-inducing "infill codes" enactedunder former Mayor Helen Klanderud's council administration, which raised floorarea and height limits in the commercial core earlier this decade. The councilhas since rolled back some of the infill provisions, lowering allowable heightsand requiring more affordable housing.
The issue with the e-mails is an example of atechnological growing pain, Johnson said after the meeting.
"I think what we're dealing with is new technologythat has yet to be adequately acknowledged," Johnson said.
There currently is no official procedure for e-mailsreceived by council members to be entered into the record. Any e-mail sent tocouncil members at their city e-mail address is considered public record ande-mail printouts are often included in council packets. Johnson said in thepast he had forwarded any e-mail he received to the City Clerk's office, butlately, his e-mail volume has been up while his computer usage has gone down.Thus, Johnson's forwarding has ceased.
City Attorney Worcester said concerns over electroniccommunication to public officials is nothing new, but it is becoming a biggerissue. The city needs to develop a clear system to make sure the e-mails areavailable to the public, Worcester said.
If people are taking advantage of a new technology, thecity must adapt, Johnson said.
"Even if it means more meetings, the public processhas to be followed," Johnson said.
curtis@aspendailynews.com
