Landowners condemn sewer vote

By Jennifer Langston

Herald Writer

The Snohomish City Council has voted to condemn land to build a sewer line, but landowners say it will be a costly fight.

Cynthia and Richard Cook, whose family has owned land on 80th Street SE for four decades, have 10 acres on which hawks, bald eagles, deer and coyotes roam. The city wants to permanently own a strip of land 740 feet long and 30 feet wide through their property. It also seeks a temporary easement to dig a 3,000-square-foot detention pond to catch runoff during construction.

"Everyone who comes to our neighborhood says they can’t believe what a little oasis this is just two blocks out of town," Cynthia Cook said. "I understand that they can do these things, but they will pay for it."

The majority of landowners along the proposed sewer trunk line west of the city — who have no interest in hooking into city sewer lines or being annexed into the city — have refused to allow engineers to come on their properties and finish design work.

Council members Susan Palmer and Chris Lundvall voted against condemnation at a recent city council meeting, arguing that they aren’t convinced hurting private property owners is necessary.

Lundvall said the city isn’t even sure how it will pay for the $9 million sewer extension. It’s applying for a state loan to fund much of the construction.

The council member said in tough economic times it is unwise to burden ratepayers with that large expense on a less-than-certain chance the city can pay it back.

"I don’t think it’s right to do things that are damaging to our neighbors until they are necessary," Lundvall said. "I certainly wouldn’t want my orchard getting ripped up."

But others argued the sewer extension has been on the books for decades, the city has already chosen a route, and it is time to move forward.

Council members also argued that extending city sewer service is critical to managing growth responsibly and fostering economic development in the Bickford Avenue corridor.

The first phase of the sewer extension would be constructed in the Cemetery Creek watershed west of Highway 9.

Those who voted to begin condemnation proceedings were Mayor Cameron Bailey and council members Liz Loomis, Kurt Meacham and Doug Thorndike. But several said they were conflicted about forcibly taking someone’s land.

"It will benefit our entire community," Meacham said. "But unfortunately a few people are going to be negatively affected, and that’s what I struggle with."

Several landowners facing condemnation said they are planning legal action against the city. Owners of only seven out of 18 parcels have given the city permission to access their land.

They don’t want the disruption of a massive construction project, the city gaining control of their property or development that a sewer line will bring.

"I’m sure everyone’s going to be fighting it. Nobody’s for it," said Alice Romanick, who lives on Ludwig Road and faces having a 600-foot-long strip of land through her cow pasture condemned.

City attorney Grant Weed told the council that beginning condemnation proceedings would serve two purposes — to gain rights of entry and to permanently acquire the land it needs.

The next step is to appraise the properties, since the city will pay the difference in value before and after the sewer line is built. If the landowners don’t agree to those terms, the city will ask a court to condemn the property.

Loomis said she was concerned about the vote. She believes in private property rights, but she also supports the state’s Growth Management Act.

The neighborhood where the sewer line would go is outside the Snohomish city limits but within its urban growth boundary. That means dense, urban development will go there in the future.

Loomis said the act channels growth in order to protect open spaces, habitat and environmental benefits — broad goals that landowners in the neighborhood along Cemetery Creek generally support.

"I believe in that and think it’s an important act to follow," she said. "But I’ll be supporting this action with a heavy heart."

You can call Herald Writer Jennifer Langston at 425-339-3452

or send e-mail to langston@heraldnet.com.

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