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HomeMy Public PortalAbout1992_11_03375 SPECIAL MEETING MINUTES OF THE LEESBURG TOWN COUNCIL NOVEMBER 3, 1992 A special meeting of the Leesburg Town Council was held on November 3, 1992, at 5:00 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. Notice having been delivered to all members of the Council prior thereto. The purpose of the special meeting was to discuss annexation and utility extension policies. The meeting was called to order by the Mayor. COUNCILMEMBERS PRESENT George F. Atwell Georgia W. Bange Ronald W. Blake Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Planning, Zoning and Development Michael Tompldus Director of Utilities Randolph W. Shoemaker Planner Gene Arner DISCUSSION Mr. Brown addressed the Council summarizing the work that has been done since the 1984 annexation. He stated that master plans have been prepared for the water and sewer systems. "No action of the Council is required at this time since the town is still under a moritorium for annexation through 1994." "We would like to know this Council's general direction as to how to pursue annexation and utility service extensions." Mr. Tompkins introduced Planner Gene Arner. Mr. Webb asked if the town really wants to consider additional annexation at this time or even in 5 to 10 years from now? Mayor Clem stated that this is only an informational meeting for the Council. Mr. Arner addressed the Council providing a comprehensive presentation of potential future annexation policies which are derived from state law and county policies. Ms. Umstattd asked if Harper Park falls within the Lee Business Center? Ms. Umstattd asked if the town will charge the county portion of Woodlea Manor the same amount of money for water and sewer then we would the town portion? Mr. Brown stated yes that is the policy. In summary Mr. Arner stated that state law supports annexation of land limits served by public utilities. County policy supports annexation of land served by public utilities, however, it does limit annexation to the urban growth areas. In the specific policies, utility extensions outside the municipal area of the town are forbidden until 1994 except for those specific areas mentioned or by mutual agreement. Mr. Trocino asked if there is a moritodum on petitions for city status? Ms. Welsh stated that there is presently legislation that will come up at the next legislative session pushing for a moritorium on transition to city status. She stated that it may be a moot point by 1994, in regards to city status as there may not be any more cities provided for in Virginia. Ms. Umstattd asked, as of right now, is there such a moritorium? Ms. Welsh answered, no. Mr. Brown pointed out that the previous town Council is on record having supported the current urban growth area. Ms. Wel~b explained that the county's policy, comprhcnsive plan, general plan is to concentrate growth within thc existing towns. Thc county is promoting with all thc towns that annexation agreements be developed between the towns and counties so that a coordinated development can exist. 376 Mr. Trocino stated that it is important as a policy for the town to explore a near-term future annexation rather then a far-term annexation. ~Vhen you investigate all five of those guidelines you will see that the intent of service - the government that is closest to the people serves it best. That has proven true for all of the annexations that I have been involved with." Mr. Trocino stated that his interest is for not only the current residents but also for future residents. ~Leesburg is not an island and if the town can provide the water and sewer as invisionedby the agreement better then the Sanitiation Authority can and provide municipal services at a higher quality then it is in the interest of the new and current residents for the town to strongly consider annexations. The Council needs to spend time and staff efforts and begin thinking in terms of a policy about annexation now. Ms. Umstattd stated that the town is not currently built out. She agreed with Mr. Trocino, in that, the town does owe a duty to it's current residents. She disagreed with owing a duty to some speculative future residents. She stated that there are developers who own land within the current town limits who need water and sewer. ~If we start sending it out of town the guys in town are not going to be able to get it unless we hit our citizens with another major water and sewer bill increase.~ She stated that she is interested in saving what the town has for the people in town. Mr. Webb stated that the town does not have any choice with regard to providing River Creekwith water and sewer and that this type of development would be an asset to the town. Ms. Umstattd stated that she is not aware of any contract stating that the town would have to provide water and sewer to River Creek. She stated that the town has the policies that basically say that ~yes that is within the town's urban growth area so at some point we will be sending water and sewer there, but what do we do about the folks in town who still need it? The town should come first the River Creeks should come second. Mr. Atwell stated that there are two purposes for annexation. One, is to capture tax base and another for planning purposes - to have some degree of control over what develops outside of the corporate limits of the existing town. He stated that he is more inclined, at this point, to lean in the direction of any thoughts of annexation for the planning purpose - having some control over development. He expressed concern if the town does not prepare itself to be in a position to move in one direction or another at the appropriate time. Part of the duty to those within the current limits of the town may be to be able to adequately control what is outside of the town. This Council has the authority to set the policy to establish the charges - user fees for those utilities that would be outside of the present corporate limits of the town. Mr. Atwell referred to Woodlea Manor and asked if the town would be able to enter into a boundary adjustment agreement to correct the situation. Ms. Welsh stated that a boundary line adjustment is available through the present court systems only to adjust the boundary line. There can be no agreements attached. No agreements in regards to sewer, zoning issues or conditions on the development of the property. Ms. Umstattd agreed on the basic premise that Leesburg should control it's future, wit is essential, if utilities are run out to developments like River Creek, to have conditions on the kind of development that can go in there. Mr. Trocino agreed with Ms. Umstattd, stating that in order to have control the town needs the planning control to enter into those agreements. Right now the town can recommend all it wants but the county may or may not agree with the town. Ms. Umstattd stated that if the town is not absolutely legally bound to provide water and sewer to River Creek before development within the town then the town has some bargaining power. ~If they want our water and sewer before we have provided enough for everything within the town then they should be required to meet fairly strict guidelines for their development. Mr. Atwell questioned the LAMP and urban growth area and what the difference in the decisions that the town may or may not make. Mr. Arner stated that the AADP's state that the town will not have any extensions of water and sewer outside the town's limits - which includes the urban growth area, until January 1994, unless agreed by the town and the county. The LAMP deals with referral for review. Mr. Brown suggested developing a work schedule because the town is approaching 1994. Ms. Welsh suggested the Council provide some guidance to the town staff on what the Council is interested in. Is the Council interested in pursuing an amendment to the present agreement or pursuing a totally different agreement? What type of annexation? Is the Council interested in the annexation whereby the Council renounces city status? Where you can take it in by ordinance any section at any time - that does not commit the Council to take in any certain areas at any certain time? There are different types of annexations and agreements that can be negotiated. There are also citizen annexations that can be initiated. -2- 377 Mr. Trocino expressed the importance of setting up a series of meetings to get into a mode where the Council can handle annexation. Mr. Brown suggested setting up a meeting around the first of January. Mr. Blake asked that staff provide the Council with all the pertinent information ahead of time to allow the Council to study it before the meeting. Ms. Welsh stated that a package with all current information will be prepared and provided to the Council. Mr. Atwell stated that the Council has a broad phylosophical decision on how large the Town of Leesburg should be. At some point this decision should be made. MOTION On motion of, and duly seconded, the meeting was adjourned. 0 Clerk of C~uncCil ~w James E. Clem, Mayor -3-