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Council authorizes condemnation process to advance SR 99/South 370th roundabout after property owner objects
Summary
Council advanced an ordinance to authorize condemnation for right-of-way needed at SR 99 and S 370th Street roundabout; property owner Frank Clark argued the city's appraisal undervalues his parcel; council voted 6–1 to forward the ordinance to second reading.
The Federal Way City Council on Sept. 16 voted 6–1 to move forward with a condemnation ordinance that would allow the city to acquire small parcels of right-of-way needed for the State Route 99 at South 370th Street roundabout and access‑management improvements. The measure advances the acquisition to a second reading and potential enactment on Oct. 7.
Why it matters: the project requires permanent right-of-way from three parcels to construct a roundabout and related access-management features. The city says repeated good‑faith offers have not led to negotiated easement purchases; the condemnation ordinance begins a statutory process to secure property if negotiations fail.
What happened at the meeting - Presentation: City engineer John Cole told the council that offers had been made to three property owners and that certified mail and legal notices had been published; staff asked the council to authorize condemnation if negotiations remain unsuccessful. - Property owner comment: Frank Clark, who owns property at 215 South 370th Street, addressed the council and said the city appraisal—prepared under standard appraisal practices—estimated the property at about $300,000 while he said he had been under contract in December for $700,000 and had recently received an $800,000 offer. Clark said his parcel includes seven warehouses and commercial uses and that he believed the appraisal did not reflect the property’s current value or its commercial use. - City response: Staff and the city attorney explained the appraisal relied on current zoning and “highest and best use” under appraisal standards; staff said Clark has the right to obtain a separate appraisal and that the city must follow the statutory process. City staff told the council the appraisal was prepared by a third party in accordance with appraisal standards and that the owner had not submitted a counter-appraisal.
Council vote and procedure - Action: Council President moved to forward the proposed condemnation ordinance to the Oct. 7 council meeting for second reading and potential enactment; the council adopted that motion. - Roll‑call outcome: the clerk recorded a 6–1 vote to move legislation forward; Councilmember McDaniel cast the lone “no” vote. - Legal safeguards: City attorney and outside counsel explained the condemnation authorization is the legal mechanism to begin acquisition while staff will continue to negotiate; if the matter proceeds to court a judge will determine fair‑market value if a settlement is not reached.
What the owner said on the record - Frank Clark described prior family investments to raise the property level, claimed multiple commercial improvements on site and contested the appraiser’s residential valuation. He said he had already commissioned an appraisal to be submitted to city staff.
Next steps - Staff said they will continue to negotiate with property owners alongside the statutory condemnation process. The ordinance will return for a second reading at the Oct. 7 council meeting. If no negotiated settlement is reached, the city attorney would pursue condemnation proceedings in the manner provided by law; any final award would be subject to judicial review.
Speakers - John Cole, Project Engineer (government) - Frank Clark, Property Owner (citizen) - EJ (city attorney in discussion; referenced as legal counsel) (government)
Authorities [{
