City OKs disputed annexation

The proposed annexation and zoning of a county island in the northwestern part of the city proved contentious when it came before the Yuma City Council Wednesday night for final approval.

"This is unlike a typical annexation," attorney Barry Olsen said of the area located north of 8th Street at the Avenue C-1/2 alignment that involves two property owners.

Usually the developer pays for infrastructure, he said. However, in this case, he said, "the city negotiated on a fast track" for an unusual agreement to put in the sewer line.

"There is a concern in the development community that someone is getting something for nothing," Olsen said.

The real issue, according to City Attorney Steve Moore, is that the developer of Citrus Springs on neighboring property said he shouldn't have to pay city development fees even though he signed a preannexation agreement in order to obtain city water and sewer for his project.

According to that agreement, Moore said, development fees would be paid to the city as homes are built in Citrus Springs for such city services as police and fire protection, roads, parks and other amenities. He said that revenue would more than offset the cost to the city of putting in the sewer line, which paves the way for the city to annex the Citrus Springs property as well in accordance with the preannexation agreement the subdivision's developer signed.

To date, Citrus Springs developer Bobby Kammann has paid the fees for three model homes, but has since sued the city for a refund despite having signed the preannexation agreement, Moore said.

There's also disagreement over the best location for the sewer line and what the cost would be. The city engineering staff said it would cost about $62,000.

Najeh Edais with Edais Engineering countered that the actual estimated cost would be about $388,000 because the route chosen by the city is not feasible.

"There's no development in the area e\xcept Citrus Springs and we haven't sold a house there in six months," Kammann said. "The city won't get paid back for years and years, maybe never. If you're looking for impact fees from Citrus Springs, it will be a long time coming."

Harvey Campbell, president of betteryuma.org, asked that the city look at the precedent it would be setting by paying for the sewer connection and to delay action until the city engineer returned from vacation.

In the end, however, the council unanimously approved the ordinance to annex the property in question as well as a portion of Citrus Springs. The ordinance was introduced at the council's last meeting to no public comment.


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Joyce Lobeck can be reached at jlobeck@yumasun.com or 539-6853.
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IN OTHER CITY BUSINESS

In other business, the Yuma City Council also:

• Approved a one-year extension of the lease with 1st Bank Yuma for property at the northeast corner of 4th Avenue and 16th Street. The city had purchased the property for future improvements to the intersection, but the project has been delayed.

• Approved the final plat for the second phase of the Tuscany Medical Plaza subdivision at the southwest corner of 21st Drive and 28th Street.

• Approved the final plat for the first phase of the 4th Avenue Properties Industrial Park subdivision at the northwest corner of 1st Avenue and 40th Street.

• Adopted the official canvass of the Nov. 4 election results pertaining to Proposition 400 that if approved would have allowed the city to proceed with plans for a multipurpose events center. The measure was defeated, with 11,471 "no" votes to 9,864 "yes" votes.

• Authorized a $74,000 settlement in the case of Castro vs. the city of Yuma. Castro was arrested on May 6, 2005, for attempted burglary and fatally shot himself with a palm-sized .25 caliber handgun while being transported in the back of a patrol car to the Yuma Police Department. His widow and three children filed a lawsuit, alleging negligence by the city because the arresting police officer failed to find the gun Castro had hidden on his person.