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File #: 060537    Version:
Type: Ordinance Status: Placed On File
File created: 9/6/2006 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 10/23/2007
Effective date:    
Title: A substitute ordinance relating to zoning regulations for payday loan agencies and other short-term loan establishments.
Sponsors: ALD. BOHL, ALD. MURPHY
Indexes: BANKS AND LENDING INSTITUTIONS, ZONING
Attachments: 1. Proposed Substitute A, 2. Proposed Substitute B, 3. Legislative Reference Bureau memo dated 11/20/06 and attachments, 4. Zoning Code Technical Committee letter dated 12/19/06, 5. City Plan Commission Letter.pdf, 6. Cover letter and various attachments from FF&SI Attorneys at Law, 7. Letter from GMAR Realtors dated 6/14/07, 8. Letter from City Attorney requesting more time dated 6/15/07, 9. Letter from City Attorney to refer file back to Committee dated 7/9/07, 10. Letter from Lincoln Village dated 6/29/07, 11. Legislative Reference Bureau Memo on Installment Loan Businesses, 12. Exhibit 1, 13. Exhibit 2, 14. Exhibit 3, 15. Exhibit 4, 16. Exhibit 5, 17. Exhibit 6, 18. Exhibit 7, 19. City Plan Commission Notice Published on May 18 and May 25, 2007.PDF, 20. City Plan Commission Notice Published on 11-3-06 and 11-10-06.PDF
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/23/20071 COMMON COUNCIL PLACED ON FILEPass13:0 Action details Meeting details Not available
10/11/20071 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PLACING ON FILEPass5:0 Action details Meeting details Not available
7/9/20071 CITY ATTORNEY DISAPPROVED   Action details Meeting details Not available
6/19/20071 COMMON COUNCIL NOT RETURNED BY CITY ATTORNEY   Action details Meeting details Not available
6/12/20071 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/12/20070 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: This item was taken up out of order at 11:05 A.M. Individuals present: Vanessa Koster - City Plan Commission Ald. Jim Bohl Proposed Sub. C accepted. Ald. Hamilton moves to make the Woodstock Institute report of October 2006 (Exhibit 1), the ShortTerm Financial postcard (Exhibit 2) and the packet with the article titled, "This is a wolf in sheep's clothing" (Exhibit 3) part of the record. Prevailed. 5-0 Ald. Bauman moves to make the e-mail from Bev Gardner dated 6/11/07, the e-mail from James Hiller dated 6/5/07 and the letter from Bruce and Carol Bamber part of the record (Exhibit 4). Prevailed. 5-0 Stuart Mukamal - Assistant City Attorney Supporters: Marne Stuck - Greater Milwaukee Association of Realtors Barry Givens - President of the Sherman Park Community Association Jim Koneazny - editor of the Sherman Park paper and member of the Sherman Park Board Stephanie Harling - director of Havenwoods Economic Development Corp. and Bayview residents Former Milwaukee County Supervisor Robert Krug Calvin MacIntyre - 3637 N. 77th St. - President of Capitol West Neighborhood Assocation Opponents: Att. Brian Randall - Fiebert, Finerty and St. John Josh Kalkbrenner - 3649 Grand Oaks, Gurnee IL - Regional Manager for Americash (formerly named ShortTerm Financial) Ald. Bauman moves that 3 pictures provided by Att. Randall be made part of the record (Exhbit 5). Prevailed. 4-0 (Ald. Hamilton excused) Ald. Murphy moves to make the legal opinion of May 7, 2003 (Exhibit 6) and the legal opinion of September 28, 2006 (Exhibit 7) part of the record. Prevailed. 5-0
Pass5:0 Action details Meeting details Not available
6/12/20070 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: This item was taken up out of order at 11:05 A.M. Individuals present: Vanessa Koster - City Plan Commission Ald. Jim Bohl Proposed Sub. C accepted. Ald. Hamilton moves to make the Woodstock Institute report of October 2006 (Exhibit 1), the ShortTerm Financial postcard (Exhibit 2) and the packet with the article titled, "This is a wolf in sheep's clothing" (Exhibit 3) part of the record. Prevailed. 5-0 Ald. Bauman moves to make the e-mail from Bev Gardner dated 6/11/07, the e-mail from James Hiller dated 6/5/07 and the letter from Bruce and Carol Bamber part of the record (Exhibit 4). Prevailed. 5-0 Stuart Mukamal - Assistant City Attorney Supporters: Marne Stuck - Greater Milwaukee Association of Realtors Barry Givens - President of the Sherman park Community Association Jim Koneazny - editor of the Sherman Park paper and member of the Sherman Park Board Stephanie Harling - director of Havenwoods Economic Development Corp. and Bayview residents Former Milwaukee County Supervisor Robert Krug Calvin MacIntyre - 3637 N. 77th St. - President of Capitol West Neighborhood Assocation Opponents: Att. Brian Randall - Fiebert, Finerty and St. John Josh Kalkbrenner -3649 Grand Oaks, Gurnee IL - Regional Manager for Americash (formerly named ShortTerm Financial) Ald. Bauman moves that 3 pictures provided by Att. Randall be made part of the record (Exhbit 5). Prevailed. 4-0 (Ald. Hamilton excused) Ald. Murphy moves to make the legal opinion of May 7, 2003 (Exhibit 6) and the legal opinion of September 28, 2006 (Exhibit 7) part of the record. Prevailed. 5-0
Pass5:0 Action details Meeting details Not available
6/5/20070 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/5/20070 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/5/20070 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
6/4/20070 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/18/20070 CITY CLERK PUBLISHED

Minutes note: This file is being published 5-18-07 and 5-25-07 for a CPC Mtg. on 6-4-07 at 2:00 p.m.
   Action details Meeting details Not available
11/3/20060 CITY CLERK PUBLISHED

Minutes note: This file is being published on 11-3-06 and 11-10-06 for a CPC Mtg. on 11-20-06 at 2:20 p.m.
   Action details Meeting details Not available
9/7/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/7/20060 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/6/20060 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
060537
Version
Substitute 1
Reference

Sponsor
ALD. BOHL AND MURPHY
Title
A substitute ordinance relating to zoning regulations for payday loan agencies and other short-term loan establishments.
Sections
295-201-55 am
295-201-445 rp
295-201-552 cr
295-203-5-c am
295-203-5-f rc
295-403-2-a (table) am
295-503-1 (table) am
295-603-1 (table) am
295-603-3-0 am
295-603-3-a am
295-703-1 (table) am
295-703-3-0 am
295-703-3-a am
295-803-1 (table) am
295-803-3-0 am
295-803-3-a am
295-903-2-a (table) am
295-905-2-a (table) am
295-905-2-c-0 am
295-905-2-c-1 am
Analysis
This ordinance defines the term “short-term loan establishment” for zoning purposes. Specifically, a short-term loan establishment is defined as an establishment engaged in the business of providing personal loans of up to $1,000 that have terms of one year or less and are customarily repaid through wage assignments, post-dated checks or automatic checking account withdrawals. This term includes, but is not limited to, a payday loan establishment or installment loan establishment. Since the new term includes payday loan establishments, this ordinance also repeals the existing definition of “payday loan agency” and replaces that term with the new term throughout the zoning code.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-201-55 of the code is amended to read:

295-201. Definitions.

55. BANK OR OTHER FINANCIAL INSTITUTION means an establishment providing retail banking, credit and mortgage services. This term does not include a currency exchange, a [[payday loan agency]] >>short-term loan establishment<< or a title loan agency.

Part 2. Section 295-201-445 of the code is repealed:
(Note: The provision being repealed reads as follows:

445. PAYDAY LOAN AGENCY means an establishment providing loans to individuals in exchange for personal checks as collateral.)

Part 3. Section 295-201-552 of the code is created to read:

552....

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