20070509Merrill direct.pdf

Bruce M. Smith, ISB # 3425
Susan E. Buxton, ISB # 4041
MOORE SMITH BUXTON & TURCKE, CHARTERED
Attorneys at Law
950 West Bannock Street, Suite 520
Boise, Idaho 83702
Telephone: [phone]
Facsimile: [phone]
bms((l),msbtlaw.com
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Attorney for City of Eagle, Idaho
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCE
AND NECESSITY NO. 143.
CASE NO. UWI-O6-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DIRECT TESTIMONY OF MAYOR NANCY MERRILL
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 1 of 5
Please state your name and identify your position with the City of Eagle.
Response:My name is Nancy Merrill, and I am the Mayor of the City of Eagle.
Are you familiar with the location of the proposed Trailhead development?
Response:Yes, I am. The Trailhead development is located at the northern edge of the City
limits. Some of the area is within the City s Area oflmpact as approved by Ada
County and some is in the county.
Is it the City of Eagle s intent and desire to provide municipal water service to the
Trailhead Community development?
Response:Yes, the City for some time has been aware of the pending development of this
property and has had extensive discussions with the owners and developers from
some time about annexation and service. Because of this and its proximity to the
City, its partial location within the City's impact area, its consideration in the City
Comprehensive Plan, and its inclusion in the City s Master Water Plan, the City has
been preparing to serve this area and include it within the City.
In addition to providing water to Trailhead, are there other issues and planning
efforts that involve the Trailhead Community development and the City?
Response:
Sa.
Response:
Yes, because Trailhead is partially within the City's Area oflmpact and is
generally surrounded by other developments that will be included in the City,
Trailhead will, in effect, be part of the City of Eagle. It will use City amenities, its
traffic will affect the City and its citizens, and its homeowners will use the
amenities that the City offers. Furthermore, because properties within the City of
Eagle have traditionally higher values, it will be able to use that circumstance to its
benefit. Homebuyers in Trailhead will be able to take advantage of the benefits of
the City without paying for them. As shown at Exhibit 201 , it is surrounded by
properties in some phase of being included within the City. Trailhead should be
part of the City of Eagle.
When you refer to the City s planning efforts, can you describe in general terms what
you mean?
As with any local governmental body, the City of Eagle develops a Comprehensive
Plan pursuant to Idaho Code. This plan deals with features such as planning and
zoning matters, transportation, and City services. In effect, the Comprehensive
Plan and associated documents detail how the City is to look and feel, how it is to
grow, and how it will provide for its citizens.
The City of Eagle takes this obligation very seriously. That is why the City of
Eagle is one of the most desirable places to live in the Treasure Valley. We care
about the City of Eagle and believe the results of that caring and attention reflects
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 2 of 5
the importance that people who live there place on maintaining the core values and
concepts that make Eagle what it is today. These planning efforts include items
such as providing City services, including water. We would like to think we would
have the support of the Public Utilities Commission in helping the City develop
according to its planning efforts. A copy of portions of the City s Comprehensive
Plan addressing water is attached as Exhibit 202.
Sb.Has this planning process included the land which is being developed as the
Trailhead development?
Response:Yes, it has. Trailhead, for all practical purposes , will be located in the City of
Eagle. How it is developed will have a significant influence on the City. We hope
and intend to see that it is developed consistent with the City's Comprehensive
Plan.
Sc.Did United Water participate or comment on development of the City
Comprehensive Plan?
Response:, not that I am aware of, although the City did notify United Water that it was
developing its plan.
Is the City capable of providing water service to the Trailhead Community
development?
Response:Yes, it is. The City is committed to working with the developer to incorporate this
development into the City. Even though Eagle understands that the developer
intends to file an application with the county, the City of Eagle will participate in
that proceeding. It will likely recommend that the county disallow the application
and direct the developer to file a request for annexation with the City and use City
water services.
Why would the City take that position?
Response:
Response:
Trailhead will, for all practical purposes, be in the City. Ifnot developed consistent
with the City's Comprehensive Plan, it could have significant detrimental effects
on the City. It would disrupt the City's planning process and would negatively
affect the City s development, roads, and open spaces.
What is the City s policy on how water is to be provided to new developments
within the City?
The City believes that new developments should provide their own water in order
not to impose burdens and costs on existing customers. Since the City does not
seek to generate profits from its water system, the City believes it can provide
water to its citizens less expensively than a for-profit entity such as United Water.
We believe water customers would appreciate that.
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 3 of 5
Dated this !L. day of May, 2007.
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 4 of 5
CERTIFICATE OF SERVICE
I hereby certify that on this ,~day of May, 2007 I served a true and correct copy of the foregoing
document via the method indirated below to:
Dean 1. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
'i--) u.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Gregory P. Wyatt
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
(--) u.S. Mail, Postage Prepaid (Through Counsel)
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
Tom C. Morris
Kastera LLC
15711 Highway 55
Boise, ID 83714
0 u.S. Mail, Postage Prepaid
() Hand Delivered
( ) Overnight Mail
( ) Facsimile
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
( ) U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
() u.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
DIRECT TESTIMONY OF MAYOR NANCY MERRILL - Page 5 of 5