20070518Brewer rebuttal.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(i;V,ms btlaw. com
Attorney for City of Eagle, Idaho
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION OF
UNITED WATER IDAHO INC. TO AMEND AND)
REVISE CERTIFICATE OF CONVENIENCEAND NECESSITY NO. 143.
CASE NO. UWI-O6-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
REBUTT AL TESTIMONY OF VERN BREWER
VERN BREWER, Di-Reb - Page 1
CITY OF EAGLE - 1019.42
Please state your name.
My name is Vern Brewer.
Have you previously submitted testimony in this matter?
Yes.
Have you reviewed the testimony of Wayne Forrey and Scott Rhead?
Yes.
What comments do you have in response to Mr. Forrey s testimony?
Mr. Forrey states that I informed him in February, 2006 that it would be at least
two (2) years before the City could provide water service to Kastera
development. At the time of that meeting, February, 2006, I was responding to
Mr. Forrey s questions based on the current status of several items and my
understanding of his development time line. I indicated to him that it could be up
to two (2) years because there were some pending matters that were still being
undertaken. In fact, several of these matters were completed in 2006 as described
in my September 26, 2006 letter to Mayor Merrill. City of Eagle Exhibit 206.
So there is no misunderstanding, as stated in my initial testimony, the City can
serve Kastera immediately. The problem with Kastera s proposed development
from a service perspective is that Kastera has never provided any details of its
development, including its timing and plan for development.
As Mr. Forrey indicates, approximately 140 acres of the development is in the
City s Area ofImpact. The City has an ordinance in place that requires
developments that are annexed into the City to provide water for the development.
This ordinance is attached as Exhibit 207. Kastera has also not, to my knowledge
VERN BREWER, Di-Reb - Page 2
CITY OF EAGLE - 1019.42
explained what it intends to do with this parcel which is within the City s Area
ofImpact to which the City s Comprehensive Plan is applicable. See City of
Eagle Exhibit 208.
Mr. Forrey states that Kastera withdrew its application for annexation, in part
because of the City s "inability to provide service . Ifthat was the main reason
for withdrawing the application, it was a mistake because the City can provide
servIces.
Do you have any reply to the testimony of Scott Rhead?
Yes. Mr. Rhead testifies that service to Kastera would require extension of a 12"
main line from facilities on Floating Feather Road. Previously, United Water had
said it was going to extend a 16" main. United Water should clarify what size
line would be proposed. The size of line that would be used should be clarified.
If it is a 16" main extension, the expected cost of $600 000.00 would be
underestimated. Also, the City s main line extension to the Kastera property
would be less than United Water s 2.25 mile extension.
Mr. Rhead also states that depending on the eventual design of the development
additional facilities such as a booster station and storage reservoir will be
required. That is likely correct. However, again, Kastera s failure to provide any
detail about its "eventual design" precludes any determination of what might be
required. However, the City will have a storage reservoir in place within six (6)
months.
VERN BREWER, Di-Reb - Page 3
CITY OF EAGLE - 1019.42
Dated this 11 'l:ra y of May, 2007.
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Vem Brewer
SUBSCRIBED AND SWORN to before me this
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of May, 2007.
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VERN BREWER, Di-Reb - Page 4
CITY OF EAGLE - 1019.
CERTIFICATE OF SERVICE
I hereby certify that on this ~ofMay, 2007 I served a true and correct copy of the
foregoing document via the method indicated below to:
Dean 1. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
Gregory P. Wyatt
United Water Idaho, Inc.
PO Box 190420
Boise, ID 83719
Tom C. Morris
Kastera LLC
15711 Highway 55
Boise, ID 83714
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
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VERN BREWER, Di-Reb - Page 5
CITY OF EAGLE - 1019.42
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HOLLADAY E"GINEERING CO.
ENGINEERS. CONSULTANTS
32 N. Main. P.O. Box 235
Payette, ID 83661
[phone] . Fax # [phone]
September 22, 2006
839 E. Winding Creek Dr., Suite 101
Eagle , ID 83616
[phone] . Fax # [phone]
Nancy Merrill, Mayor
City of Eagle
O. Box 1520
Eagle, ill 83616
RE:Kastera Water Service (Revised)
Ref. No. EG052806
Dear Mayor Merrill:
An issue has been made oftinring for expansion of the City's water service system to a
Kastera property by Mr. Forrey and other Kastera representatives. It has been stated that
I represented that the City could not serve the Kastera property northeast of Eagle Road
for two years. That representation is partially correct but it is instructive to examine the
date and context of that statement.
Bill VaugharI, I, and others, including Mr. Forrey, met on February 23 2006 to discuss
the possibility of annexation and municipal water service to the Kastera property lying
partially inside the Eagle Area of Impact and partially outside the Area of Impact north of
Homer Road. At the time of our meeting several outstanding issues remained
unresolved, including:
The City's Water Master Plan had been approved by the Department
Environmental Quality on December 20, 2005 but the City had not yet
developed and passed a budget for implementation.
The City had petitioned the District Court for Judicial Confirmation to allow
the City of proceed with a $2.59 million water project including a one-million
gallon reservoir, well, arId trunk line extensions but had no indication of
approval.
The City had two financing options for the $2.59 million water exparIsion
project but had no firm offers on financing.
The City had received approval of the amended plans and specifications for
Eagle Well No.3 (aka Brookwood Well) from DEQ on December 19 2005
but had not resolved a schedule for construction.
Source-City's Response to Exhibit No. 206
Production-Attachment 2 Case No. UWI-06-Bates 000096-000098 Vern Brewer, City of Eagle
WATER. WASTEWATER . SOLID WASTE. PUBLIC UTILITIES . STRUCTURES . PLANNING. STUDIES
Mayor Merrill
September 22, 2006
Page 2
The City had not received development plans for Thompson Acres which
plans provide an important link for the trunk line connection.
The City of Eagle had not been approached by any party owning lands above
Homer Road to request being included in a planning area. The Council had
asked that the focus of the initial Water Master Plan be the area lying south of
Homer Road between Linder Road and Hwy. 16 as well as the remainder of
properties lying outside any Certificated Areas as identified by the Public
Utilities Commission.
The City had not held meetings with the property owners of Triple Ridge
Place to determine if they would be willing to annex into the City in exchange
for fire protection provided by a trunk line extension up Trinity Lane.
At that meeting the question oftiming of City water service to the Kastera property was
raised. I represented that the City was very interested in working with Kastera to pursue
water service to their property. After explaining the status of the water planning and
acknowledging the uncertainty oftiming for agency approvals, I indicated that it could be
up to two years before service could be extended. Since that meeting the following
approvals have been received and planning changes have occurred.
The City developed and adopted a budget and capital improvement for
implementation of the Water Master PIan.
The City received approval of the Judicial Confirmation on April 7, 2006.
The City applied for and received approval of a Drinking Water State Revolving
Loan on July 21 2006. Design is proceeding and the schedule for completion of
the water reservoir is October, 2007.
In accordance with Brookwood Well Plans and Specifications, a well driller has
been selected, a contract awarded and the well should be completed by May,
2007.
The City received application for annexation and development of Thompson
Acres and has approved the Preliminary Plat.
The City has had numerous inquiries about the expansion of water service to areas
lying north of Homer Road and is in the process ofreviewing master planning
documents to consolidate various planning efforts into a cohesive master plan for
updating and amending its Water Master Plan.
The City has met with the property owners of Triple Ridge and is in the process of
working out the details for annexation.
Mayor Merrill
September 22, 2006
Page 3
With the foregoing approvals and continuing work effort, it appears that the initial
estimate oftime was correct. The City appears capable of providing service to the
Kastera property well within the two year window as stated in that initial meeting.
Sincerely,
HOLLADAY ENGINEERING CO.
Vemon E. Brewer, Project Manager
23: DONATION OF WATER SYSTEMS TO THE CITY:Page 1 of 2
23: DONATION OF WATER SYSTEMS TO THE CITY:
ADesign Standards: All newly constructed water systems shall be designed according to the
city construction and design standards as it pertains to water systems.
Water Systems Shall Be Dedicated To The City: All newly constructed domestic drinking
water systems, constructed after the enactment of this chapter within the water service
area , must be dedicated to the city, at the city s option , after the city inspects such system
for compliance with the construction and design standards. Included in the public
dedication of the water system , the water system owner must also provide a reasonable
right of way and easement to allow for maintenance and service of the water system. (Ord.
202, 5-26-1992)
Conditions Of Annexation And/Or Approval Of New Development: As a condition of
annexation into the city and/or as a condition of approval of new development within the
city, the landowner and/or developer shall:
1. Secure suitable surface water rights adequate to satisfy all irrigation , aesthetic, amenity,
or recreation needs of the proposed development and/or property proposed to be annexed.
Said water rights must be valid, existing water rights recognized by the Idaho department of
water resources (the "department"). If any transfer, amendment or other proceedings are
required under Idaho Code or department rule or regulation for the city s use of such water
the owner and/or developer shall be solely responsible for the city s costs of completing the
same and the city s costs of obtaining all necessary approvals from the department as a
condition of annexation and/or development, including costs associated with mitigation;
2. Secure suitable ground water rights adequate to satisfy all ground water needs of the
proposed development and/or property proposed to be annexed and transfer or assign said
water rights to the city for inclusion into the city s municipal water supply system. Said water
rights must be valid , existing water rights permitted or licensed by the department. If any
transfer, amendment or other proceedings are required under Idaho Code or department
rule or regulation for the city s use of such water, the owner and/or developer shall be
solely responsible for the city s costs of completing the same and the city s costs of
obtaining all necessary permits and approvals from the department as a condition of
annexation and/or development, including costs of mitigation;
3. Pay for the city s costs of construction of municipal supply well(s) necessary to meet the
demands of the proposed annexed property and/or new development. The city engineer
shall determine the necessary location , number, and capacity of well(s) based upon the
proposed development or other improvements. Said wells shall be constructed to city
standards. The owner and/or developer shall be solely responsible for the city s costs of
obtaining all necessary permits and approvals for such wells as a condition of annexation
and/or development, including the costs of any required mitigation. The design and
construction of municipal supply wells shall be reviewed and inspected by the city engineer;
a. At the option of the city, demands arising from more than one development may be
served by a single well or centralized well with the costs thereof apportioned to the
participating developments in proportion to their water demands.
4. Any well construction or development of ground water resources shall be prohibited
Exhibit No. 207
Case No. UWI-06-
Vern Brewer, City of Eagle
http://www.sterlingcodifiers.comlID/Eagle/0800500000002 3 000 .htm 5/1712007
23: DONATION OF WATER SYSTEMS TO THE CITY:Page 2 of 2
within the city s municipal water service area except as may be set forth in a development
agreement or by a special purpose permit issued by the building official and approved by
the city council.
5. The requirements for obtaining surface water rights for irrigation , aesthetic , amenity, or
recreation needs may be waived if the city determines that the landowner and/or developer
is entitled to a waiver under subsection 9~9C20f this code and that the landowner
and/or developer cannot secure surface water rights by appropriation or transfer to the
proposed development and/or property proposed to be annexed.
6. Nothing in this subsection shall require the transfer or assignment of a water right
represented by shares of stock in a canal company. (Ord. 530 10-18-2005)
http://www.sterlingcodifiers.com/ID/Eagle/08005 000000023000 .htm 5/17/2007
ORDIN~CE NO. 623
AN ORDINANCE AMENDING ADA COUNTY CODE TITLE 9, CHAPTER 2, SECTION 2
AND 3 PROVIDING FOR THE ADOPTION OF AN AMENDED CITY OF EAGLE
COMPREHENSIVE PLAN AS ADOPTED BY THE CITY OF EAGLE ON SEPTEMBER 14
2004.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY
IDAHO THAT TITLE 9, CHAPTER 2, SECTION 9-3 OF THE ADA COUNTY CODE BE
AMENDED AS FOLLOWS WITH THE TEXT OF THE FOOTNOTES IDENTIFIED
HEREIN REMAINING UNCHANGED:
Section 1: Ada County Code Sections 9-1 is amended as follows:
1: AREA OF CITY IMPACT BOUNDARY:
A. Eagle Area Of City Impact And Urban Service Planning Area Boundary Map:
1. The Eagle area of city impact and urban service planning area are the areas designated on
the Eagle area of city impact and urban service planning area boundary map, fully
incorporated by reference, copies of which are available for inspection at the Ac;ia County
development services department.
2. Amendments to the map are as follows:
a. Ordinance 199, May 25, 1989.
b. Ordinance 309, June 25, 1996.
c. Ordinance 355, March 25 , 1998.
d. Ordinance 367, December 2 1998.
e. Ordinance 539 , April 28, 2004.
f. Ordinance 602, December 28 2005.
g. Ordinance 623. June 28. 2006.
B. Division By Boundary Line: In case a property under single ownership is divided by the
boundary line of the Eagle area of city impact, if such line divides such property so that one or
both of the parts has a depth of three hundred feet (300') or less, such part may be included in the
jurisdiction within which the remainder and larger portion of the property is located.
Section 2: Ada County Code Section 9-3 is amended as follows:
ORDINANCE NO. 623 - PAGE I
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Exhibit No. 208
Case No. UWI-06-
Vern Brewer, City of Eagle
3: APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Eagle comprehensive plan, as amended by the city of Eagle February 16, 2001 , by
resolution 04 01September 14, 2005 by Resolution 04-, shall apply within the Eagle area of
city impact.
B. Applications for subdivision development in the Eagle area of city impact shall be evaluated
for conformance to the design and improvement standards contained in the Eagle city code, title
, chapter 3, and in chapter 4, sections 9-1 through 9-12.
C. All subdivision plats situated within the area of city impact shall be submitted to the city of
Eagle for their recommendation.
D. The Ada County zoning ordinance shall be used to implement this chapter.
E. Ada County shall use the following standard in calculating density of residential development:
the total number of dwelling units within a proposed development, divided by the total land area.
Fractional amounts greater than those designated on the Eagle comprehensive plan land use map
will not be allowed except where the Eagle comprehensive plan details a fractional density and
then the density shall not exceed the number described in the Eagle comprehensive plan.
Floodway areas and land used for public uses such as schools or public service facilities will not
be included in the total land area calculation.
ADOPTED this 28th day of June, 2006.
Board of Ada County Commissioners
By:
Rick Yzaguirre, Chainnan
By:
Judy M. Peavey-Derr, Commissioner
By:
Fred Tilman, Commissioner
ATTEST:
J. David Navarro, Ada County Clerk
PUBLISHED: July 13 2006
ORDINANCE NO. 623 - PAGE 2
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