Bothell council authorizes eminent domain option for Bothell Way project, votes to sign federal grant amendment amid legal uncertainty

Headline: Bothell council authorizes eminent domain option for Bothell Way project, votes to sign federal grant amendment amid legal uncertainty

Lede: The Bothell City Council voted unanimously on Sept. 16 to approve an ordinance authorizing the city to acquire property by eminent domain if necessary for the Bothell Way Northeast Multimodal Improvements Project and later approved a resolution authorizing the city manager to execute a first amended and restated federal grant agreement on terms staff recommended while pursuing legal challenges; the grant votes passed 6–1.

Nut graf: Council members and staff said the multimodal project — intended to widen Bothell Way, add sidewalks, a two‑way bike lane and stormwater and utility work — is central to the city’s transportation and growth plans and to planned bus‑rapid‑transit service. Residents and business owners urged the council to minimize impacts to landscaping, access and parking during acquisition and construction. Staff and outside counsel told the council the city must balance the public‑use imperative for right‑of‑way with property owners’ rights and the legal uncertainty created by recently proposed federal grant language.

Body: City Manager Kyle Stannert told the council the ordinance before them would “allow the city to utilize condemnation if absolutely necessary” but emphasized that the action would be a tool used only after negotiated acquisition efforts, outreach and appraisals. Capital projects engineer Robert McCadden described the corridor project as extending from Reader Way to NE 240th Street, currently at about 60% design, and said project elements include widening travel lanes, sidewalks on both sides, a two‑way bike lane on the east side of the roadway, controlled access with U‑turns at select locations, and associated utility and stormwater improvements.

Staff said right‑of‑way negotiations began in 2024, with appraisals and offers underway; construction is scheduled to begin in 2027. McCadden said the team had taken measures to minimize acquisitions — for example, providing one two‑way bike lane rather than two separate one‑way lanes, narrowing vehicular lanes and reducing planter strip width in selected locations.

Several people spoke during public comment and the project discussion. Landowner Michael Hughes said he had been told his property would be condemned and asked how property owners would be compensated. Mary Farley, whose family said it has lived on the property for 72 years, told the council she had receipts documenting $18,532.85 in damage from prior construction and an appraisal of landscaping at $94,873, which she summed as a loss of $113,405.85; she asked the city to provide written assurances about restoration and business support. Scott Sousat, a co‑owner of a long‑established downtown business, said the city’s driveway and parking changes could threaten his business and asked for scheduling coordination during construction.

Councilors asked detailed questions about easements, temporary construction access and how appraisals account for lost uses. Council member Zorns asked whether drainage easements would severely limit owners’ ability to landscape, and project staff said appraisers and subsequent offers would take such restrictions into account. Staff and counsel repeatedly said temporary construction easements are used to perform work and would generally be restored to as good a condition as practicable after construction.

City attorney and outside counsel described the legal process: if negotiations fail the city may file condemnation cases in superior court, but it must first show the property is necessary for a public use; a judge or jury would then determine just compensation. As attorney Kim Pratt put it: “we have to show to the court that this project is a public use and that the properties are necessary. … And then if there had to be a trial, it would be on what is just compensation to pay these owners for the property rights that the city needs for the Bothell Way multimodal project.”

The council voted 7–0 to approve the ordinance authorizing acquisition by eminent domain “if needed.” Council members stressed condemnation is a last resort and urged staff to continue negotiating and to work personally with owners on offers, alternatives and mitigation.

A separate, later agenda item addressed the project’s federal funding. Staff said the project holds a $19 million RAISE (Rebuilding American Infrastructure with Sustainability and Equity) grant awarded in fiscal 2022 and $10.5 million in Washington State Department of Transportation Surface Transportation Block Grant (STBG) funds for right‑of‑way. State budget timing and amendments prompted WSDOT and federal officials to require a signed amendment from the city before federal funds could be obligated. Stannert said proposed federal language in the amendment referenced executive‑branch directives whose legal applicability to sub‑recipients created “legal uncertainty.” He said staff had engaged the city’s federal delegation, the Governor’s and Attorney General’s offices, WSDOT and the Federal Highway Administration while researching legal options.

Council then considered four staff‑presented options: (1) sign the amendment and pursue litigation options to clarify federal requirements (staff recommendation); (2) sign without pursuing litigation; (3) refuse to sign and try to preserve state STBG funds alone; or (4) delay to a special meeting to gather more information. After discussion the council approved a resolution authorizing the city manager to execute the amended and restated RAISE grant agreement and directing staff to explore litigation options; the vote was 6–1 with Deputy Mayor O’Connor (identified in the record as O'Cabra/O'Connor variations) dissenting.

Council and staff repeatedly told the public that signing the amendment would not immediately result in condemnation; rather, staff said signing keeps already‑awarded federal funds available and preserves the match that enables related state funds, while the city pursues negotiations and, if necessary, legal work. Stannert warned the council the federal award carries a Sept. 30 administrative timing constraint for signature.

Ending: The council framed the actions as preserving the project’s funding and timeline while continuing to emphasize negotiation and mitigation for affected owners. Staff said they will return with negotiation offers, updated appraisals, proposed possession‑and‑use agreements where appropriate and continued outreach to property owners. Several council members urged residents and businesses to continue contacting staff and attending project meetings as design and right‑of‑way work proceed.

Speakers:[{"name":"Mason Thompson","role_title":"Mayor","affiliation_type":"government","affiliation_name":"City of Bothell","first_reference":{"timecode":"00:00:39","transcript_line_range":[2,2]}},{"name":"Kyle Stannert","role_title":"City Manager","affiliation_type":"government","affiliation_name":"City of Bothell","first_reference":{"timecode":"00:26:03","transcript_line_range":[157,157]}},{"name":"Robert McCadden","role_title":"Capital Project Engineer","affiliation_type":"government","affiliation_name":"City of Bothell Public Works","first_reference":{"timecode":"00:28:48","transcript_line_range":[172,172]}},{"name":"Erin Lenhart","role_title":"Public Works Director","affiliation_type":"government","affiliation_name":"City of Bothell","first_reference":{"timecode":"00:26:03","transcript_line_range":[157,157]}},{"name":"Kim Pratt","role_title":"Attorney","affiliation_type":"business","affiliation_name":"Madrona Law","first_reference":{"timecode":"00:35:31","transcript_line_range":[213,213]}},{"name":"Michael Hughes","role_title":"Resident / landowner","affiliation_type":"citizen","affiliation_name":"","first_reference":{"timecode":"00:14:23","transcript_line_range":[38,40]}},{"name":"Mary Farley","role_title":"Resident / property owner","affiliation_type":"citizen","affiliation_name":"","first_reference":{"timecode":"00:15:39","transcript_line_range":[41,44]}},{"name":"Scott Sousat","role_title":"Business owner","affiliation_type":"business","affiliation_name":"Bought The Furniture (co‑owner)","first_reference":{"timecode":"00:18:31","transcript_line_range":[52,55]}},{"name":"Council member Dodd","role_title":"Council member","affiliation_type":"government","affiliation_name":"Bothell City Council","first_reference":{"timecode":"00:28:21","transcript_line_range":[168,168]}},{"name":"Council member Zorns","role_title":"Council member","affiliation_type":"government","affiliation_name":"Bothell City Council","first_reference":{"timecode":"00:36:34","transcript_line_range":[219,219]}},{"name":"Council member Kurt","role_title":"Council member","affiliation_type":"government","affiliation_name":"Bothell City Council","first_reference":{"timecode":"00:35:33","transcript_line_range":[171,171]}},{"name":"Council member Manky","role_title":"Council member","affiliation_type":"government","affiliation_name":"Bothell City Council","first_reference":{"timecode":"00:36:16","transcript_line_range":[223,223]}},{"name":"Deputy Mayor O'Connor","role_title":"Deputy Mayor","affiliation_type":"government","affiliation_name":"Bothell City Council","first_reference":{"timecode":"00:00:51","transcript_line_range":[7,7]}}],"authorities":[{"type":"grant","name":"RAISE grant (Rebuilding American Infrastructure with Sustainability and Equity) – FY2022 award","referenced_by":["Bothell staff","city manager","finance director"]},{"type":"grant","name":"Surface Transportation Block Grant (STBG) – WSDOT right‑of‑way allocation","referenced_by":["city manager","public works"]},{"type":"statute","name":"Uniform Relocation Assistance and Real Property Acquisition Policies Act ("Uniform Act")","referenced_by":["public works","city manager"]},{"type":"statute","name":"Washington state eminent domain law (state statute)","referenced_by":["city attorney","city manager"]}],"actions":[{"kind":"motion","identifiers":{},"motion":"Approve an ordinance authorizing the acquisition by eminent domain, if needed, of property necessary for the Bothell Way Northeast multimodal improvements project.","mover":"Council member Dodd","second":"Council member Kurt","vote_record":[{"member":"Council member Zorns","vote":"yes"},{"member":"Mayor Mason Thompson","vote":"yes"},{"member":"Council member Alderks","vote":"yes"},{"member":"Council member Kurt","vote":"yes"},{"member":"Council member Manky","vote":"yes"},{"member":"Council member Dodd","vote":"yes"},{"member":"Deputy Mayor O'Connor","vote":"yes"}],"tally":{"yes":7,"no":0,"abstain":0},"legal_threshold":{"met":true,"notes":"Council approved ordinance authorizing eminent domain; actual condemnation requires subsequent legal steps; just compensation determined by court/jury if contested."},"outcome":"approved","notes":"Council stated condemnation is a last resort; staff to pursue negotiations and appraisal-based offers first."},{"kind":"motion","identifiers":{},"motion":"Approve a resolution authorizing the city manager to execute the first amended and restated grant agreement for the Bothell Way Northeast multimodal improvements project and direct staff to explore litigation options to clarify federal requirements.","mover":"Council member Aldrichs","second":"Council member Dodd","vote_record":[{"member":"Council member Zorns","vote":"yes"},{"member":"Mayor Mason Thompson","vote":"yes"},{"member":"Council member Alderks","vote":"yes"},{"member":"Council member Kurt","vote":"yes"},{"member":"Council member Manky","vote":"yes"},{"member":"Council member Dodd","vote":"yes"},{"member":"Deputy Mayor O'Connor","vote":"no"}],"tally":{"yes":6,"no":1,"abstain":0},"legal_threshold":{"met":null,"notes":"Resolution directs signature of federal grant amendment; legal threshold for use of amendment depends on federal interpretation and possible litigation."},"outcome":"approved","notes":"Staff recommendation passed; staff to continue negotiations and pursue legal options where appropriate."}],"discussion_decision":{"discussion_points":["Project at 60% design; construction scheduled for 2027.","Staff has held outreach since 2022; right‑of‑way negotiations began in 2024.","Property owners raised concerns about landscaping loss, access, parking and property damage.","Federal RAISE grant amendment includes language creating legal uncertainty; staff engaged delegation and state AG for options."],"directions":["Staff to continue negotiations with property owners, provide appraisal-based offers and consider possession-and-use agreements to avoid condemnation.","City manager authorized to sign RAISE grant amendment; staff directed to pursue litigation options to clarify legal uncertainty and to continue coordination with WSDOT and federal officials."],"decisions":["Council approved ordinance authorizing eminent domain (7–0).","Council approved resolution authorizing execution of the amended RAISE grant and pursuing litigation options (6–1)."]},"clarifying_details":[{"category":"documented damages","detail":"Mary Farley reported $18,532.85 in documented damage from prior construction; landscaping appraised at $94,873; she summed a $113,405.85 loss","value":113405.85,"units":"USD","approximate":false,"source_speaker":"Mary Farley"},{"category":"project_design","detail":"Project at 60% design; construction scheduled to begin in 2027","source_speaker":"Robert McCadden"},{"category":"right_of_way_contacts","detail":"Staff reported contact with approximately 65 of 69 affected property owners for introduction, appraisal and offer meetings","source_speaker":"Robert McCadden"},{"category":"federal_funding_timing","detail":"Federal grant execution needed by Sept. 30 to maintain obligation status; state STBG funds contingent on federal award","source_speaker":"Kyle Stannert"}],"proper_names":[{"name":"Bothell Way Northeast Multimodal Improvements Project","type":"other"},{"name":"Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant","type":"grant"},{"name":"Surface Transportation Block Grant (STBG)","type":"grant"},{"name":"Madrona Law","type":"business"},{"name":"Muckleshoot Tribe","type":"other"}],"community_relevance":{"geographies":["Bothell Way corridor","Downtown Bothell","NE 240th Street to Reader Way"],"funding_sources":["RAISE grant (federal)","WSDOT STBG (state)","City of Bothell funds"],"impact_groups":["single‑family homeowners","commercial property owners","commuters","bus transit riders"]},"meeting_context":{"engagement_level":{"speakers_count":13,"duration_minutes":120,"items_count":2},"implementation_risk":"high","history":[{"date":"2023-06","note":"Similar condemnation discussion occurred for Meridian & NE 240th roundabout; staff used negotiations to avoid condemnation in past projects."}]},"searchable_tags":["Bothell Way","eminent domain","RAISE grant","right-of-way","property acquisition","WSDOT","transportation"],"provenance":{"transcript_segments":[{"block_id":"block_1556.37","local_start":0,"local_end":165,"evidence_excerpt":"I like when we can facilitate connection among neighbors here too. So I'm glad I'm glad we were all enjoying the break. Next up is agenda bill 25 1 6 2, property acquisition for Bothell Way Multimodal. City manager.","tc_start":"00:25:56","tc_end":"00:26:12","reason_code":"topicintro"},{"block_id":"block_6710.4697","local_start":0,"local_end":76,"evidence_excerpt":"Passes 6 1 with, deputy mayor deputy mayor Okabra dissenting.","tc_start":"01:51:50","tc_end":"01:51:56","reason_code":"topicfinish"}]},"salience":{"overall":0.95,