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Home My WebLink About2011-400-05/09/2011Doc ID: 004495630003 Type: GEN Kind: RESOLUTION Recorded: 06/16/2011 at 03:09:17 PM Fee Amt: $19.00 Page i of 3 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2011-00023729 -Prepa-re-d Q- (,_V x_rn 4 o - L,Ait eD-1� loci - C" f�q C__ lE=r RESOLUTION NO. 2011-400 A RESOLUTION DECLARING A MORATORIUM FOR A PERIOD OF 180 DAYS FOR NEW ALCOHOL-RELATED DRINKING AND RETAIL ESTABLISHMENTS (INCLUDING TRANSFERS) IN THE PROPOSED BROADWAY, EAST FOURTH STREET, CHURCH ROW, AND LOGAN AVENUE OVERLAY DISTRICTS IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, the City of Waterloo is, and has been, in the process of reviewing portions of the City of Waterloo Zoning Ordinance No. 2479 as it pertains to the regulation of new alcohol-related drinking and retail establishments and license transfers for such establishments, and WHEREAS, during the pendency of such review, a moratorium should be applied to the areas described in Exhibit "A" attached hereto, and WHEREAS, the moratorium should be applied in the described areas to the following uses: Any premises or use that will be required by Iowa law to have a license or permit for the sale or dispensing of alcoholic beverages for on -premises or off -premises consumption, except that the moratorium should not apply to any such premises or use for which a complete application (i.e., all necessary conditions, including but not limited to all paperwork, fees, and inspection, have been fulfilled for submittal of the application to Council for approval of a license) for a new license or transfer of a license was submitted for approval before the effective date of the moratorium, and WHEREAS, the City Council of the City of Waterloo believes that a moratorium should be declared for a period of 180 days, until said amendments have been presented to, and adopted by, the City Council of the City of Waterloo. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that a moratorium is hereby declared for a period of 180 days on approval of alcohol licenses for any and all new or transferred alcohol-related drinking and retail establishments in each proposed overlay areas described in Exhibit "A" attached hereto. PASSED AND ADOPTED this 9th day of May, 2011. Ernes 0. Clark, Mayor ATTEST: C dol Fai or Deputy Cit Clerk P Y Y 7ia$�D __ 3 Exhibit "A" Broadway Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of W. Parker Street and Fairview Avenue; thence South along the centerline of Fairview Avenue and an extension of the centerline of Fairview Avenue to its intersection with the Northeasterly line of the Cedar River; thence Southeasterly along the Northeasterly line of the Cedar River to its intersection with the centerline of E. Third Street; thence Northeasterly along the centerline of E. Third Street to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of Lincoln Street; thence Northwesterly and Northerly along the centerline of Lincoln Street to its intersection with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street to its intersection with the centerline of Columbia Street; thence North along the centerline of Columbia Street to its intersection with the centerline of the Canadian and National Railroad; thence Northwesterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of Ackermant Street; thence North along the centerline of Ackermant Street to its intersection with the centerline of W. Parker Street; thence West along the centerline of W. Parker Street to its intersection with the centerline of Fairview Avenue and the Point of Beginning. Logan Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Mullan Avenue; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of the former Illinois Central Railroad Beltline (abandoned); thence Northerly along the centerline of the former Illinois Central Railroad Beltline (abandoned) to its intersection with the centerline of the Canadian and National Railroad (formerly Illinois Central Railroad); thence Southeasterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence Southerly and Southwesterly along the centerline of E. Mullan Avenue to its intersection with the centerline of Franklin Street and the Point of Beginning. E Fourth Street Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Second Street; thence Northeasterly along the centerline of E Second Street to its intersection with the centerline of Walnut Street; thence Northwesterly along the centerline of Walnut Street to its intersection with the centerline of Pine Street; thence East along the centerline of Pine Street to its intersection with the centerline of Iowa Street; thence North along the centerline of Iowa Street to its intersection with the centerline of Dane Street; thence West along the centerline of Dane Street to its intersection with the Centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence North along the centerline of E. Mullan Avenue to its intersection with the centerline of the Webster Street right-of-way; thence East along the centerline of the Webster Street right-of-way and the centerline of Webster Street to its intersection with the centerline of Ankeny Street; thence North along the centerline of Ankeny Street to its intersection with the centerline of Ricker Street; thence East along the centerline of Ricker Street to its intersection with the centerline of Page 1 of 2 M Linn Street; thence South along the centerline of Linn Street to its intersection with a line drawn between the Southeasterly corner of Lot 4, Block 7, Hammond and Hopkins Addition and the Southwesterly corner of Lot 7, Block 6, Hammond and Hopkins Addition; thence Westerly in a straight line to the intersection of the centerlines of E. Fourth Street and Dane Street; thence South along the centerline of E. Fourth Street to its intersection with the centerline of Walnut Street; thence Southeasterly along the centerline of Walnut Street to its intersection with the centerline of the Union Pacific Railroad; thence Southwesterly along the centerline of the Union Pacific Railroad to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of E. Second Street and the Point of Beginning. Church Row Neighborhood Overlay District — Legal Description Beginning at the intersection of the centerlines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of South Street to its intersection with the centerline of Washington Street; thence Southeasterly along the centerline of Washington Street to its intersection with the centerline of W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with the centerline of Randolph Street; thence Southwesterly in a straight line to the intersection of the centerlines of W. Sixth Street and Wellington Street; thence continuing Southwesterly along the centerline of W. Sixth Street to its first intersection with Grant Avenue; thence continuing Southwesterly along the centerline of W. Sixth Street to its second intersection with Grant Avenue; thence Northwesterly along the centerline of Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along the centerline of Allen Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Baltimore Street; thence Southeasterly and Southerly along the centerline of Baltimore Street to its intersection with the centerline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Bayard Street; thence South along the centerline of Bayard Street to its intersection with the centerline of Williston Avenue; thence West along the centerline of Williston Avenue to its intersection with the centerline of Kimball Avenue; thence North along the centerline of Kimball Avenue to its intersection with the centerline of Reber Avenue; thence East along the centerline of Reber Avenue to its intersection with the centerline of Sullivan Avenue; thence North along the centerline of Sullivan Avenue to its intersection with the centerline of W. Second Street; thence Northeasterly along the centerline of W. Second Street to its intersection with the centerline of South Street; thence Northwesterly along the centerline of South Street to its intersection with the centerline of W. Mullan Avenue and the Point of Beginning. Page 2 of 2