20070514Merrill amended 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~msbt1aw.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-O7-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
DIRECT TESTIMONY OF MAYOR NANCY MERRILL
MAYOR NANCY MERRILL, Di - Page 1
CITY OF EAGLE - 1019.
Please state your name and identify your position with the City of Eagle.
My name is Nancy Merrill, and I am the Mayor ofthe City of Eagle.
Are you familiar with the location of the proposed Lanewood development?
Yes, I am. Lanewood is immediately west of Linder Road and is adjacent to the
Eagle City limits and within the City's Area of Impact as approved by Ada
County.
Is it the City of Eagle s intent and desire to provide municipal water service
to the Lanewood development?
Yes, the City for some time has been aware of the pending development of this
property. Because of its proximity to the City, its location within the City
impact area, its inclusion in the City's 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 Lanewood, are there other issues and
planning efforts that involve the Lanewood development and the City?
Yes, because Lanewood is adjacent to the City limits and is generally surrounded
by other developments that will be included in the City, Lanewood 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.
MAYOR NANCY MERRILL, Di - Page 2
CITY OF EAGLE - 1019.49
Homebuyers in Lanewood will be able to take advantage ofthe benefits of the
City without paying for them. As shown at Exhibit 201 , Lanewood is surrounded
by properties in some phase of being included within the City. Lanewood 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 ofthe 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
the importance that people who live here 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'
Comprehensive Plan addressing water is attached as Exhibit 202.
MAYOR NANCY MERRILL, Di - Page 3
CITY OF EAGLE - 1019.
Has this planning process included the land which is being developed as the
Lanewood development?
Yes, it has. Lanewood will be located in the midst of the City of Eagle. How
Lanewood 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.
Did United Water participate or comment on development of the City'
Comprehensive Plan?
, 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 Lanewood development?
Yes, it is. The City is committed to working with the developer to incorporate
this development into the City. Even though the developer has filed an
application with the county, the City of Eagle will participate in that proceeding.
It will recommend that the county disallow the application and direct the
developer to file a request for annexation with the City and include using City
water.
Why would the City take that position?
Lanewood will, for all practical aspects, be in the City. If not 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
MAYOR NANCY MERRILL, Di - Page 4
CITY OF EAGLE - 1019.49
would negatively affect the City's water system development, roads, and open
spaces in its western area.
The developer of Lanewood has stated that the City will not have a
completed well and other facilities ready by time it has approval to
commence construction. Do you believe that to be true?
, I do not. According to the City staff, the City has already constructed a well
and a mainline is being constructed now. This line will go to the southern
boundary of Lanewood. The county approval process will likely take longer
complete than will the extension of the mainline to Lanewood. By the time
Lanewood completes the county approval process and is ready to utilize water
the City's system will be ready.
What is the City's policy on how water is to be provided to new developments
within the City?
A. 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.
MAYOR NANCY MERRILL, Di - Page 5
CITY OF EAGLE - 1019.
Do you know the basis for Mr. Ramon Yorganson s statements that the
review process for his development will be shorter because United Water can
independently lift sanitary restrictions to start construction but the City
cannot do the same thing?
, I do not know the basis for this statement, but Mr. Yorganson is incorrect.
The City can also lift the restrictions. I fumly believe that Mr. Yorganson
project, if developed according to the City's Comprehensive Plan, can be
approved faster than through the county process. The City will certainly seek to
work with him to do that. With his cooperation, I believe that can be done. If Mr.
Yorgason is concerned about cost and certainty, given the location of his
development, I believe the City provides a superior alternative to development
than does the county. As Mayor, I am committed to helping him develop in a way
that brings value to his project and new citizens to Eagle. I believe that the
homeowners, who are ultimately the customers, will appreciate the lower costs
and services that the City can provide. City Hall and my office are a ten-minute
ride from the Lanewood development. Ifthe customer has a problem, they can
come see me or any of the City staff. I believe it is in the public interest for the
City to serve these homebuyers, not United Water.
MAYOR NANCY MERRILL, Di - Page 6
CITY OF EAGLE - 1019.
Dated this day of May, 2007.
SUBSCRIBED AND SWORN to before me this 11- day of May, 2007.
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MAYOR NANCY MERRILL, Di - Page 7
CITY OF EAGLE - 1019.
CERTIFICATE OF SERVICE
I hereby certify that on this --.lL day of May, 2007 I served a true and correct
copy of the foregoing document via the method indicated below to:
Dean J. 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
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
Robert B. Bums
Moffatt Thomas Barrett Rock &
Fields, Chtd.
101 S. Capitol Blvd., 10th Floor
PO Box 829
Boise, ID 83701
(W.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
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tf'U.S. Mail, Postage Prepaid (Through Counsel)
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(tj-U.S. Mail, Postage Prepaid
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() Facsimile
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G-YU.S. Mail, Postage Prepaid
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J. Ramon Yorgason (~.S. Mail, Postage Prepaid (Through Counsel)
President, Capital Development, Inc. ( ) Hand Delivered
6200 N. Meeker Place ( ) Overnight Mail
Boise, ID 83713 ( ) Facsimile
MAYOR NANCY MERRILL, Di - Page 8
CITY OF EAGLE - 1019.49