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ORD 20-902ORDINANCE 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