HomeMy WebLinkAboutord2021-005• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2021-075
File ID: AB2021-075 Version: 1 Status: Adopted
File Created: 01/20/2021 Entered by:
Department: File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 02/09/2021
Agenda Date: 02/09/2021 Enactment #: ORD 2021-005
Primary Contact Email: BElenbaa@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance authorizing the closure of a portion of 4th Street in Custer, Washington, related to
COVID-19 economic relief
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This proposed ordinance would temporarily close a portion of 4th Street in Custer, Washington, to
allow Tony's Tavern to establish an outdoor seating area to be utilized until one week (seven days) after
the last state or local mandate is lifted that limits the business to less than 100 percent capacity for
indoor services.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
01/26/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan
Nay: 0
Absent: 0
02/09/2021 Council ADOPTED
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 211012021
Agenda Bill Master Report Continued (AB2021-075)
Attachments: Proposed Ordinance
Whatcom County Page 2 Printed on 211012021
1 PROPOSED BY: ELENBAAS, BUCHANAN
2 INTRODUCTION DATE: JANUARY 26, 2021
3
4 ORDINANCE NO. 2021-005
5
6 AUTHORIZING CLOSURE OF A PORTION OF 4T" STREET IN CUSTER, WASHINGTON,
7 RELATED TO COVID-19 ECONOMIC RELIEF
8
9 WHEREAS, the Governor has issued many emergency proclamations and mandates
10 to stop the spread of the COVID-19 virus; and
11
12 WHEREAS, the County Executive has issued a Proclamation of Emergency to stop
13 the spread of the COVID-19 virus; and
14
15 WHEREAS, these mandates have effectively closed many businesses, while not
16 defined as essential, are essential to the families they support; and
17
18 WHEREAS, restaurants, bars, and taverns have been able to serve customers as
19 long as they can provide outdoor seating; and
20
21 WHEREAS, some restaurants are not able to accommodate the outdoor space
22 needed without using the public right of way or public road; and
23
24 WHEREAS, Whatcom County's financial resources are limited; and
25
26 WHEREAS, business assistance can come in the form of non -monetary solutions;
27 and
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29 WHEREAS, Chapter 12,06.010 of the Whatcom County Code, by referring to
30 Chapter 46.44,080 of the Revised Code of Washington, requires that each temporary road
31 closure or restriction be authorized by the County Council through ordinance; and
32
33 WHEREAS, the Whatcom County Council is authorized to close the road according to
34 the provisions of RCW 36.32.120 Section 2; and
35
36 WHEREAS, Tony's Tavern in Custer, Washington, has requested the County
37 temporarily close a section of road in order to facilitate their ability to run their
38 multigenerational family owned business; and
39
40 WHEREAS, Tony's Tavern will set up weather appropriate outdoor seating in the
41 section of roadway being closed to operate their business.
42
43 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
44 Public Works Department is hereby directed, subject to further consideration for re-
45 establishing access for adjoining property owners and the public, to close the section of 41n
46 Street that is adjacent to Tony's Tavern with the southern boundary being the intersection
47 of 4t" and Main and extending to the end of Tony's Tavern's property line as the northern
48 boundary or less.
49
50 BE IT FURTHER ORDAINED that the duration of closure will conclude one week
51 (seven days) after the last state or local mandate has been lifted that limits Tony's business
52 to less than 100 percent capacity for indoor services.
53
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BE IT FURTHER ORDAINED that as a condition of road closure, Tony's Tavern will
install proper signs and barriers approved by Whatcom County Public Works at the approved
locations, allowing pedestrian and non -motorized vehicles access along said portions of
closed roads.
BE IT FINALLY ORDAINED that, if available, signage and barriers may be provided
by Whatcom County Public Works at no cost.
ADOPTED this 9th day of February , 2021.
C U IV/
Dirt Brown-Da�is',�-11Q,►'k of,ih_e Council
> •' r
APPROVED AS TO AM:
lij
Approved via email by Karen Frakes/lb
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WYASHINGTON
Bad-#uchanan, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Sidh , County Executive
Approved
Date Signed
( ) Denied
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