Community And Economic Development Committee Meeting 09/13/2023 – Will Vote On Bird Safe Glass Resolution

The Community and Economic Development Committee is meeting 09/13/2023 at 6:30PM.

The one item on the agenda is Resolution 6-R-23 which would add bird safe glass requirements to the Appleton City Municipal Code and require all city windows that meet the size requirements to be retrofitted with bird-friendly glass or alternatives by 2025. The resolution includes the text of the City of Madison bird safe glass ordinance.

The Madison ordinance being used as a foundation for Appleton’s resolution has been the subject of legal challenges and both City Attorney Christopher Behrens and Mayor Woodford have recommended that the resolution be held until after the legal questions have been settled.

Legal issues aside, there are outstanding questions as to what the impact of the resolution would be on the City of Appleton. City staff and the resolution authors have been unable to provide any estimates for the number of birds who die annually as a result of striking windows in the City of Appleton. Alderperson Vered Meltzer (District 2) did however note “the primary author of the resolution has witnessed it happen, and so have some of my constituents. It’s a traumatizing experience that leaves them with guilt, sadness, and the desire to keep it from happening again.”

The authors and city staff also don’t know what the cost of retrofitting city windows would be. Alderperson Alex Schultz (District 9) indicated, “Cost could range anywhere from several thousand to several tens of thousands.” It does, however, look like Alderperson Katie Van Zeeland (District 5) who is not a coauthor of the resolution, has been researching low-cost stickers that could be placed on city windows.

The resolution’s authors do not seem to clearly understand what the economic impact of the changes would be and how it would affect how development in the city or the cost of housing, particularly low-income housing. When asked “Will this proposed ordinance impact the way developers view building something in Appleton? Will it make the city appear more friendly to new development or less so?” Alderperson Meltzer responded, “We are hoping that it will educate developers about a tool that will help to make their buildings more attractive to residents and businesses. Seeing a bird fly into a window is a traumatizing experience that can lead someone to avoid visiting a business again. When residents consider housing options that are many floors up, knowing that the glass is bird-safe is an added value that will help them to feel environmentally responsible,” and Alderperson Schultz answered, “I would hope the overall impact would be positive.”

The Associated Builders and Contractors of Wisconsin has sued the city of Madison over its ordinance because they believe it “is the first step toward a confusing patchwork of local red tape and higher building costs for builders, contractors, developers, and property owners,” and their lawyers have stated, “It violates the settled expectations of builders, contractors, developers, and property owners. It imposes “additional or more restrictive” standards for glass and violates Wisconsin’s uniform building code. Additionally, the ordinance would hinder the creation of good-paying jobs, raise housing costs and commercial rents, and drive investments away from the City of Madison.”

The resolution’s authors have indicated that they are considering potential amendments, but have not, thus far, publicly expressed interest in waiting until after the legal issues are resolved to move forward with the resolution.

View full meeting details here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1111431&GUID=91CB51C6-3737-4B14-A7DC-84E3ECAF1A14

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