HomeMy WebLinkAbout2037RESOLUTION NO. 2037
A RESOLUTION of the City Council of the
City of Kent, Washington, that (1) declares any
effects of the S. 224th Street Corridor Project
("Project"), Phase III to Garrison Creek Park are
"de minimis" for purposes of federal law; and (2)
authorizes the Mayor and Parks Director to sign all
documents necessary to convey the City of Kent's
support for the Project and the determination that
any impacts of the Project to the Garrison Creek
Park are de minimis and will not adversely affect the
features, attributes, or activities of the Park.
RECITALS
A. The City is planning further improvements along the s. 224th
Street Corridor between 94th Place S, and 99th Avenue S ("Project"). The
Project is the third phase of improvements to this corridor and will widen the
existing street to three lanes; add shoulders, planter strips, a concrete
sidewalk; and add lighting.
B. Garrison Creek Park ("Park") is located within the Project limits
and a portion of the planned improvements will need to be installed a few
feet past the right-of-way limits and on the Park parcel. Specifically, the
Project will include the installation of a new sidewalk and planter strip on S.
218th Street at the north end of the Park ("Improvements"). Currently, no
sidewalk exists at this location.
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C. The City's Parks Department welcomes these Improvements
because they will provide sidewalks where none exist and as a result, will
enhance the community connection to the Park.
D, Because the Project is federally funded, ?flY impacts to public
parks must be "de minimis," defined as impacts that will "not adversely affect
the features, attributes, or activities" of the park. See 23 CFR 5 774.L7.
Before making a determination that impacts are "de minimis," the City must
first provide public notice and an opportunity for public review and comments
regarding the effected of the Project on the Park. See 23 CFR 5
774.5(b)(2)(i). Then, the City's Park Director must submit a letter to the
federal government (via the Washington Department of Transportation)
documenting support of the Project and the de minimis determination.
E. After providing timely notice, City Council held a public hearing
on April L9,2022, at a regularly scheduled city council meeting and invited
comments regarding the impacts of the Project to the Park, Staff also
presented information on the Project to the Parks and Human Services
Committee on April 7, 2022.
F. Having complied with the applicable procedural requirements,
the City Council has determined that any impacts of the Project to the Park
are de minimis. Certain Project improvements, including the construction of
new sidewalks, will directly benefit the Park. Accordingly, this resolution
authorizes the Mayor and Parks Director to take all steps and sign all
documents necessary to convey its determination to the federal government.
NOW THEREFORE, THE CIry COUNCIL OF THE CIry OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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RESOLUTION
SECTION 7, - Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and constitute the findings of
the Kent City Council on this matter,
SECTION 2. - De Minimis Impact Determination After giving timely
notice, a public hearing was held on April L9,2022, at a regular meeting of
the Kent City Council to evaluate the impacts to Garrison Creek Park ("Park")
from the S.224th Street Corridor Project, Phase III ("Project"), Having given
due consideration, the City Council determines that the Project is beneficial
to the City and any impacts from the Project will be "de minimis" and not
adversely affect the activities, features, or attributes of the Park,
SECTION 3. - Ratification and Authorization The City Council ratifies
all acts consistent with the authority of this resolution and prior to the
passage of this resolution, and authorizes the Mayor and the Parks Director
to take all acts necessary, and to sign all documents required to implement,
fulfill, and otherwise carry out the terms and intent of this resolution, subject
to final document terms and conditions as the City Attorney may determine
are appropriate and consistent with the authority granted herein.
SECTION 4, - Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 5. - Corrections by City Clerk Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
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resolution, including the correction of clerical errors; resolution, section, or
subsection numbering] or references to other local, state, or federal laws,
codes, rules, or regulations,
SECTION 6, - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
I
DANA RALPH, M R
ATTEST:
KIMBERLEY A.oTo, cIry
AP AS TO FORM:
ACTING CITY ATTORNEY
April L9,2022
Date Approved
April L9.2022
Date Adopted
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