ORD 20-902 - Approving Change to the FWLE Project Development AgreementORDINANCE NO. 20-902
AN ORDINANCE of the City of Federal Way, Washington,
approving a change to the Federal Way Link Extension Project
Development Agreement between the City of Federal Way and Sound
Transit.
WHEREAS, The City of Federal Way ("City") is a non -charter optional municipal code
city incorporated under the laws of the State of Washington, with authority to enact laws and
enter into development and right-of-way agreements to promote the health, safety, and welfare of
its citizens; and
WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is a
governmental entity created pursuant to Chapters 81.104 and 81.112 RCW with all powers
necessary to implement a high capacity transit system within its boundaries in King, Pierce, and
Snohomish Counties; and
WHEREAS, the Growth Management Act encourages efficient multimodal
transportation facilities such as the Federal Way Link Extension that are coordinated with local
comprehensive plans, and requires the City to accommodate essential public facilities such as the
Link Light Rail Transit Project; and
WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and
Central Puget Sound voters approved financing for, regional transit system plans known as
Sound Move, ST2, and ST3; and
WHEREAS, on January 26, 2017, the Sound Transit Board defined and selected the
Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built
Ordinance No. 20-902 Page 1 of 8
between Angle Lake Station at South 200th Street and the Federal Way Transit Center in
Resolution 2017-02; and
WHEREAS, Sound Transit and the City have executed a Development Agreement
("Agreement") granting the project land use approval as a Class I Essential Public Facility under
FWRC 19.105.020, adopted by the City by Ordinance 19-869 and Sound Transit through Motion
M2019-65 and effective on July 25, 2019; and
WHEREAS, in the Agreement the Parties considered and agreed to select modifications
and clarifications of City development regulations and identified specific justifications and
mitigation measures for these decisions; and
WHEREAS, in the Agreement a code modification was made to not require retail or
other active uses on the ground floor of the parking garage identified as a required element of the
Project in exchange for Sound Transit to install fiber optic conduit for the benefit -of the City
along an identified corridor; and
WHEREAS, as design for the project continued it became apparent to both Parties that
the agreed upon pathway for the fiber optic was not feasible. An alternate pathway using City -
owned right-of-way has been identified and Sound Transit agrees to provide a fee in -lieu to
cover the estimated cost of the construction of fiber optic conduit along an alternate pathway;
and
WHEREAS, nothing in the proposed change to the Agreement negatively impacts the
original basis for approving the Federal Way Link Extension; and
WHEREAS, this change to the Agreement is to be executed between the Parties in
accordance with FWRC 19.85.200 and Section 25.8 of the Agreement; and
Ordinance No. 20-902 Page 2 of 8
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered this change to the Agreement on November 2, 2020, and forwarded a
recommendation of approval to City Council; and
WHEREAS, a properly noticed public hearing was held on November 17, 2020, for the
purpose of obtaining input from interested parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council of Federal way makes the
following findings of fact and conclusions with respect to the proposed Agreement, attached as
Exhibit A.
(a) The recitals listed above are adopted as findings of fact and conclusions.
(b) The City Council adopts the facts and conclusions contained in the staff report,
which is incorporated by this reference.
(c) The proposed change to the Agreement is compatible with and has no negative
impact upon adjacent land uses, as detailed in the staff report.
(d) The construction cost estimate on which the change to the Agreement is based
adequately considers impacts on community facilities, including utilities and roads.
(e) The proposed change to the Agreement provides an equal potential benefit to the
community as the original Agreement.
(f) The proposed change to the Agreement does not have any detrimental effect on
any aspect to the City's Comprehensive Plan as the essential public facility siting review
and approval shall implement the Comprehensive Plan's long-range planning goals and
Ordinance No. 20-902 Page 3 of 8
policies for high-capacity transit and transit -orientated development in the City Center, as
detailed in the staff report.
Section 2. Council Approval. The City Council approves the change to the Development
Agreement with Sound Transit, attached as Exhibit A to this ordinance, and authorizes the
Mayor to execute the agreement.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
[Signature page follows]
Ordinance No. 20-902 Page 4 of 8
PASSED by the City Council of the City of Federal Way this 1st day of December, 2020.
CITY OF FEDERAL WAY:
ATTEST:
gTtJHANIE COURTNE , C C, CITY CLERK
APPROVED AS TO FORM:
2NKCL,�
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
00,
EAELL,O.
11/11/2020
12/01/2020
12/04/2020
12/09/2020
90-902
Ordinance No. 20-902 Page 5 of 8
ORD. 20-902/Exhibit A
TO: City of Federal Way
FROM: Sound Transit
SOUNDTIRANSIT
SUBJECT: City of Federal Way Development Agreement —Alteration #FWLE-01 (Sections 8.2.E
and 8.11)
Sound Transit and the City of Federal Way agree to alter certain terms of the Federal Way Link
Extension Project Development Agreement (GA -0015-18; AG 19-117) between Sound Transit
and the City of Federal Way, pursuant to Section 25.8 of the Development Agreement and
FWRC 19.85.200 as outlined in this document.
Section 8.2.E of the Development Agreement describes the provision of conduit for fiber optic
systems as follows:
"FWRC Section 19.115.050, 19.115.090 and 19.225.060 — Above Grade Park
Structures. The City will grant a modification to Sound Transit for the requirement that
above grade parking structures shall include active uses, such as retail, offices or other
commercial uses at ground level. In lieu of this requirement, Sound Transit shall comply
with all other FWRC 19.115 Community Design Guidelines, and shall provide an equal or
greater benefit to the City by providing conduit for fiber optic systems feeding security
cameras and other applications. The City will grant Sound Transit access to this data
feed, which will, in turn, provide a benefit to Sound Transit. Exhibit E provides a
depiction of where fiber optic conduit will be installed by Sound Transit's Design -Build
Contractor. The locations for conduit installation depicted in Exhibit E are all within the
construction limits defined for the Project. Sound Transit will not install conduit outside
of the construction limits defined, nor acquire additional property rights to facilitate
such installation. For those areas depicted in Exhibit E that are within WSDOT rights-of-
way, the City agrees to secure all approvals and rights from WSDOT for installation prior
to Sound Transit undertaking the work to install conduit. The Design -Build Contractor
will provide and install the conduit and fiber optic cable in the conduit, based on City
specifications, which are included in Exhibit E. Upon acceptance by the City, all conduit
installed by Sound Transit's Design -Build Contractor shall be transferred to the City and
will be the responsibility of the City to maintain, along with all fiber optic cable placed in
the conduit by the City. Principles and additional guidance for the placement of conduit
is further discussed in Section 8.10."
Section 8.11 describes City Conduit Installation as follows:
"City Conduit Installation. Sound Transit will direct their Design -Build Contractor to
install conduit and fiber optic improvements parallel to the guideway from S 272nd St to
the Federal Way Transit Center. Conduit and fiber optic improvements will be designed
per Section 3.8 of the City's Public Works Development Standards. The conduit
between S 272'd St and S 320th St shall be populated with a 144 count single -mode fiber
Ordinance No. 20-902 Page 6 of 8
ORD. 20-902/Exhibit A
T SouNDTRANs r
cable with termination and access locations. The conduit installation will include risers
that connect to City right-of-way at grade level at the following street crossings. S 272nd
St; Military Rd S at Star Lake Rd; S 288th St; S 304th St; Military Rd S crossing under
Interstate 5; 28th Ave S; S 317th St at 23rd Ave S and 28"' Ave S; and at 23rd Ave S / S
320th St. Upon acceptance by the City, all conduit and fiber optic cable installed by
Sound Transit's Design -Build Contractor shall be transferred to the City and will be the
responsibility of the City to maintain. Exhibit E depicts these locations generally agreed
upon for City conduit installation.
The following principles are proposed to guide the placement by ST of conduit for fiber
optic systems feeding security cameras and other applications in the City of Federal
Way.
1. City conduit must be placed outside of the FWLE Transitway area.
2. If outside City right-of-way, and to the extent that additional property rights are
required to enable placement of City conduit, the City shall be responsible for
securing all necessary rights and/or permits.
3. For the portion of the alignment adjacent to the WSDOT right-of-way, the
conduit will be located east of the FWLE alignment in the WSDOT right-of-way
and the City shall secure needed property rights from WSDOT.
4. For the portion of the LRT alignment south of the roundabout at 317th St, the
conduit will be located in City right-of-way.
5. Access points will be located in City right-of-way or within WSDOT right-of-way
where the City secures property rights.
6. Sound Transit will not install City conduit outside of the construction limits
currently defined for the Project.
7. To the extent any additional environmental review, permitting, or mitigation
may be required to facilitate placement of City conduit, the City shall be
responsible for such costs."
Implementing Section 8.11 in a manner consistent with access and maintenance requirements
under the City's Development Standards and Sound Transit's guideway access standards was
found to be infeasible. As such, Sound Transit will satisfy the provision of conduit as described
in Section 8.2.E through a lump sum payment. Section 8.2.E is amended to read as follows:
"FWRC Section 19.115.050, 19.115.090 and. 19.2.25.060 — Above Grade Parkin
Structures. The City will grant a modification to Sound Transit for the requirement that
above grade parking structures shall include active uses, such as retail, offices or other
commercial uses at ground level. In lieu of this requirement, Sound Transit shall comply
with all other FWRC 19.115 Community Design Guidelines, and shall provide an equal or
greater benefit to the City by providing through lump sum in -lieu payment in the
amount of $2,647,985.00 for the provision of conduit for fiber optic systems feeding
Ordinance No. 20-902 Page 7 of 8
ORD. 20-902/Exhibit A
SOUNDTRANS►T
security cameras and other applications to be installed by the City outside of the FWLE
Transitway area. The City will be responsible for any additional property rights
acquisition, environmental review, permitting, or mitigation that may be required to
facilitate placement of City conduit, and the City shall be responsible for such costs. The
City will grant Sound Transit access to this data feed, which will, in turn, provide a
benefit to Sound Transit. In the event Sound Transit proposes to connect to the data
feed, it will be subject to City review and approval; however, Sound Transit will be
responsible for all permitting and costs, including the provision of required cable or
other equipment."
Section 8.11 and Exhibit E are hereby deleted from the Agreement.
Sound Transit shall make payment of the above referenced amount to the City of Federal Way no
later than 60 days after this Alteration No. 1 is executed
All other terms and provisions of the FWLE Development Agreement are not modified by this
alteration and shall remain in full force and effect.
Each of -the parties has executed this Alteration No. 1 by its authorized representative.
CENTRAL PUGET SOUND REGIONAL THE CITY OF FEDERAL WAY
TRANSIT AUTHORITY (SOUND TRANSIT)
In
Ron Lewis
Executive Director
Date:
APPROVED AS TO FORM:
0
Amy Pearsall, Senior Legal Counsel
By:
Jim Ferrell
Mayor
Date:
Authorized by Ordinance No.
APPROVED AS TO FORM:
By:
Ryan Call, City Attorney
Ordinance No. 20-902 Page 8 of 8