20060719City of Eagle supplemental to UWI 3.pdf

ORIGINAL
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: (208) 331.,1800
Facsimile: [phone]
Attorney for City of Eagle, Idaho
RECEIVED
2006 JUL 19 PH 3: 38
IDAJ.iQ PUBLiCUTILITIES COMMISSION
BEFORE THE IDAHO PUBLIC UTILIES 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-06-
CITY OF EAGLE'S FIRST
SUPPLEMENT AL RESPONSE TO
UNITED WATER IDAHO INc.'
FIRST PRODUCTION REQUEST
COMES NOW the City of Eagle, Idaho, by and through its attorney of record, Bruce M.
Smith, and submits its First Supplemental Response to First Production Request of United Water
Idaho Inc. to the City of Eagle, Idaho. Pursuant to Commission Rule of Procedure, the
documents were prepared by Counsel and Vern Brewer and the record holder is Sharon
Bergmann, City Clerk, P.O. Box 1520, Eagle, ID 83616 [phone].
As a general response, the City objects to any request which seeks information protected
CITY OF EAGLE'S FIRST SUPPLEMENTAL RESPONSE TO UNITED WATER IDAHO, INc.'
FIRST PRODUCTION REQUEST - 1
by the attorney work product doctrine, attorney/client privilege, including information
produced or generated pursuant to the Executive Session meeting by the City.
REQUEST NO.: In the City Letter Comments dated and filed herein on May 31 2006
reference is made to development of a "Memorandum of Understanding" between the City and
the developer. Please provide copies of all drafts of said Memorandum and the executed version
if one exists. If there are neither drafts nor final versions of said Memorandum, please provide
all correspondence to and from the developer regarding preparation of such memorandum.
RESPONSE TO REQUEST NO.: The City received a copy of the Memorandum of
Understanding on July 14, 2006, a copy of which is attached hereto.
DATED at Boise, Idaho, this
L!I-
day of July, 2006.
MOORE SMITH BUXTON & TURCKE
CHARTERED
By:
Attorney for City of Eagle, Idaho
CITY OF EAGLE'S FIRST SUPPLEMENTAL RESPONSE TO UNITED WATER IDAHO, INc.'
FIRST PRODUCTION REQUEST - 2
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS -.!..5 DAY OF JULY, 2006 SERVED THE
FOREGOING RESPONSE TO THE CITY OF EAGLE'S FIRST SUPPLEMENTAL
RESPONSE TO UNITED WATER IDAHO, INC.S FIRST PRODUCTION REQUEST IN
CASE NO. UWI-06-, BY MAILING A COpy THEREOF, POSTAGE PREPAID, TO THE
FOLLOWING:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
( ) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
~)
Facsimile
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
1') U.S. Mail, Postage Prepaid
( )
Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ID 83720-0074
(---.) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
M. Smith
Attorney for City of Eagle, Idaho
CITY OF EAGLE'S FIRST SUPPLEMENTAL RESPONSE TO UNITED WATER IDAHO, INC.
FIRST PRODUCTION REQUEST - 3
JUI, lj. LVVb L:j,nVI l\aSlera NO. bq I j r.
(Draft ft.1 Submitted to the City of Eagle on July 13, 2006)
Trailhead Planned Community Addition to the City
Eagle, Idaho
RECEIVED & FILED
CITY OF EAGLE:MEMORANDUM OF UNDERSTANDING
between
THE CITY OF EAGLE, IDAHO
and
KASTERA, LLC
JUl 1 4 2006
File:
Route to:
1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to
establish a framework for urban community development planning and tIming of
development improvements on Kastera s 660 acre Trailhead property and other
Kastera properties which are located in the Eagle foothills In close proximity to
the City of Eagle, Idaho. It is in each party's interest to coordinate planning and
development efforts and to accomplish a more effective integrated community
development program.
2. AUTHORIlY AND OWNERSHIP OF LAND: Both the City of Eagle and Kastera,
LLC has the authority to enter into pre-annexation agreements, development
agreements, contracts and MOUs. Kastera, LLC has several affiliated companies
that own and control large land holdings within the area north of Eagle, Idaho.
Kastera has the authority to commit these affiliated companies to this MOU.
3. MUTUAL BENEFIT: All parties to this MOU agree that it is to their mutual
interest and benefit to work cooperatively as planning and development proceeds
on the 660 acre Trailhead property and other Kastera properties. All parties also
agree it is to their mutual benefit to work cooperatively to construct municipal
water system improvements to serve the 660 acre Trailhead property and other
Kastera properties in the Eagle Foothills.
4. FRAMEWORK FOR URBAN COMMUNITY DEVELOPMENT BY THE CITY
EAGLE:
City of Eagle Actions
A. The City of Eagle desires to annex the 660 acre Trailhead property and
other Kastera properties into the City of Eagle in order to facilitate
community development and expand water service to properties within
the foothills area. Therefore, the City of Eagle will provide an annexation
path for immediate annexation of the 660 acre Trailhead property which
will lead to further annexation of additional Kastera properties. The City
.." OJ' LVVV L.J-JIIYI I\cI ~ l era No. 6413 P. 3
of Eagle will annex the 660 acre Trailhead property and additional Kastera
properties on or before September lOt 2006
B. Upon annexation, the City of Eagle will zone the 660 acre Trailhead
property and additional Kastera properties as Mixed Use with a maximum
gross density limitation of two residential dwelling units per gross acre.
C. The City of Eagle will take necessary actions to permit, approve andauthorize construction of the water system improvements to commence
on or before July 4,2007 in order to provide municipal water service to
the 660 acre Trailhead property and additional Kastera properties. This
water service shall be sufficient to allow community development on the
660 acre Trailhead property and additional Kastera properties at a
maximum gross density of two residential dwelling units per gross acre
plus other related and supportive community development land uses
functionally related to the Trailhead Planned Community and additional
Kastera properties.
D. The City of Eagle will accept and process PUD and platting applicationsfrom !(astern LLC to commence community development actions on the
660 acre Trailhead property and additional Kastera properties allowing
construction of community development knprovements to begin no later
than July 4,2007.
E. The City of Eagle will authorize a late-comers agreement for Kastera
LLC to recover applicable up-front water system improvement costs and
related utility Improvement costs. The location" sizing and capacity of the
utility system improvements shall be mutually agreeable to both parties.
F. The City of Eagle will not impose a moratorium on development or
take actions to delay community development of the Kastera properties
that are annexed into the City of Eagle.
G. The City of Eagle will recognize that the municipal ordinances In affect
at the time of annexation shall apply to and govern the community
development actions on the Kastera properties that have been annexed
into the City of Eagle.
-."'J' LVVV L..J.JII""CI ~ ~ t I No. 6413 P. 4
5. FRAMEWORK FOR URBAN COMMUNIlY DEVELOPMENT BY KASTERAr LLC:
Kastera. bb.C Acpons
A. Kasterar LLC will apply for annexation into the City of Eagle on orbefore July 31, 2006.
B. Kastera, LLC will provide funding to the City of Eagle to pay a fair
share of the municipal water system cost to serve the 660 acre
Trailhead property and additional Kastera properties. The fair sharecontribution will be determined by a subsequent analysis andagreement. Funding will be available to meet the July 4, 2007construction start date for water mains to serve the Trailhead property
and additional Kastera properties. Kastera will provide sufficient up-
front funding to allow the City of Eagle to finalize water system
expansion plans in order to meet the July 4, 2007 construction start
date for water mains to serve the Trailhead property and additional
Kastera properties. The location, sizing and capacity of the utility
system improvements shall be mutually agreeable to both parties.
C. Kastera, LLC will work cooperatively with the City of Eagle to develop
master planned communities that will set an example of outstanding
foothills development in a public-private partnership.
D. Kastera, LLC will limit the overall residential density to two dwelling
units per gross acre.
E. Kastera, LLC will utilize the Mixed Use zoning to achieve flexible
clustered development, open space preservation, provision of regional
and community facilities, provision of regional and community selVices
plus community development themes and designs that are acceptable
to the City of Eagle and Kasterar LlC.
F. Upon annexation, Kastera, LLC will submit a letter to the Idaho Public
Utilities Commission (PUC) requesting water service from The City of
Eagle. Between the time of signing of this MOU and the time of
annexation, Kastera, LlC will reimburse the Oty of Eagle for applicablelegal fees related to the PUC coordination efforts.
G. The amount of funding that Kastera allocated to United Water
Company for water system improvements shall be reallocated to the
City of Eagle for water system improvements.
6. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: ThisMOU instrument in no way restricts the parties from participating in similar
--'Y ~'JV""",." ", I ..No. b41j ~. J
activities with other public or private agencies, organizations, and indiViduals.Modifications of this MQU shall be made by mutual consent of the parties, by theissuance of a written modification, signed and dated by all parties, prior to any
changes being performed.
7. TERM OF THIS MEMORANDUM OF UNDERSTANDING AND TERMINATION:
It is the intent of this MOU to be the catalyst that stimulates additional bindingagreements such as a pre-annexation agreement or a development agreement.
As such, any Party, in writing may tenninate their participation in this MQU inwhole, or in part, at any time before the date of annexation which shall also bethe expiration date of this MOU.
8. BOTH PARTIES UNDERSTAND THAT: Additional documents, contracts, andagreements will have to be negotiated and signed in order to implement this
MOU.
9. IN WITNESS TREREOF, The parties hereto have executed this Agreement as
of the date written below:
Honorable Nancy C. Merrill, Mayor Date
Sharon K. Bergmann, Eagle City Clerk Date
Kastera.. Y:.t
Var Reeve Date
Wayne S. Forrey Date