Community And Economic Development Committee Meeting 08/09/2023 – Will Take Up Bird Safe Glass Resolution, Mayor And City Attorney Both Recommend Waiting Until Legal Issues On Madison Ordinance Are Resolved

The Community and Economic Development Committee is meeting 08/09/2023 at 6:30PM.

They have one action item on the agenda which is Resolution 6-R-23, the Bird Safe Glass resolution. As outlined last week, this resolution has issues regarding legality and unknown financial and economic impact.

In his memo regarding the resolution, Mayor Woodford indicates that if the resolution is approved, in order to bring city buildings into alignment with the resolution, “provision will need to be made for external consultation as well as, eventually, mitigation of existing conditions in municipal buildings.” That consultant would cost a minimum of $25,000.

Mayor Woodford also indicates that although Council rules encourage members “to work with staff before introducing Resolutions in order to ensure that Resolutions are well-researched and ready for debate,” this particular resolution “was drafted and submitted despite feedback on pending litigation and potential problems with the example legislation cited. Whether the intent of Rule 4 was met in this case is a matter for the Council to decide, however, it is evident that the legislative process was initiated without regard for the counsel provided by staff.”

Mayor Woodford finishes his memo by stating, “Our recommendation is to, at a minimum, hold this item until the legality of the legislation is settled.”

City Attorney Christopher Behrens also submitted a memo laying out some of the legal issues currently at play with the Madison ordinance on which Resolution 6-R-23 was based. “One challenge is that imposing glass requirements such as these is not statutorily permissible. Cities are prohibited from adopting a local-specific commercial building code, unless it is in strict conformity with the statewide code. Wis. Stat. 101.02(7r)(a). […] The argument is that a local bird-safe glass requirement is additional to, and more restrictive than, the state-wide code contrary to the strict conformity standard.”

“Another challenge relates to whether the bird-safe glass ordinance is part of the zoning code as opposed to a building code. Madison frames its bird-safe glass ordinance as a zoning code which would avoid strict conformity requirements of local building regulations. […] [T]he argument is that calling the bird-safe glass ordinance a zoning ordinance doesn’t make it so and therefore, it’s a building regulation subject to strict conformity.”

Attorney Behrens also finishes his memo with a recommendation “to pause any action on this matter until the courts (the Court of Appeals and Supreme Court assuming the matter is further appealed) have weighed in on whether such regulations are legally permissible.”

The committee will also, as an information item, receive the mid-year 2023 Budget Report for the Community and Economic Development Department.

View full meeting details here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1107158&GUID=6160F606-C9F9-4B39-AA19-76E1C413A4B6