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HomeMy Public PortalAbout1992_02_11TOWN COUNCIL MEETING MINUTES OF FEBRUARY ll, 1992 A regular meeting of the Leesburg Town Council was held on February 11, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Donald A. Kimball. SALUTE TO THE FLAG was led by Director of Finance Paul E. York ROLL CALL Councilmembers present Georgia W. Bange James E. Clem Christine M. Forester Donald A. Kimball William F. Webb Mayor Robert E. Scylla Absent Claxton E. Lovin Staff members present Town Manager Steven C. Brown Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Planner Gene Arner Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Ms. Bange, .the regular meeting minutes of January 28, 1992 were approved as written. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin PROCLAMATION MOTION On motion of Mrs. Forester, seconded by Mr. Clem, the following proclamation was proposed and unanimously adopted. VOCATIONAL EDUCATION WEEK February 9-15, 1992 WHEREAS, the Congress of the United States and the Commonwealth of Virginia have identified and recognized the necessity of vocational education; and WHEREAS, vocational education offers students the opportunity to gain the competitive edge, giving them a lifetime of personal satisfaction and occupational growth and productivity; and WHEREAS, vocational education stimulates the growth and vitality of Leesburg's business and industry and those of the entire nation by providing a skilled work force; and WHEREAS, a strong vocational education program, planned and implemented by trained vocational educators, is vital to the future economic development of our community and the well-being of our citizens; and WHEREAS, the town government encourages vocational education by partially sponsoring a home building project in Potomac Crossing, a classroom of the future. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Town Council of the Town of Leesburg hereby proclaim February 9-15, 1992, as Vocational Education Week and urges all citizens of Minutes of February 11, 1992 this community to visit and become familiar with the services offered by our local vocational education program for the benefit of the town and each citizen. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin PETITIONERS Mayor Sevila and Mr. John Tolbert, Chairman of the Environmental Advisory Commission, presented certificates to the winners of the Christmas Decoration award. The winners are: the McDonald residence, the Marshall residence, Janney Street, the Antenucci residence, Jocks Exxon and The Norris House. Mr. Martin Lovett, a resident of $01 Rust Drive, N.E., addressed the Council with regard to the proposed fire substation. He stated that the Exeter site is becoming a "rough" issue. He urged the Council to make a stand on this issue now and not forward it to another committee. The Council needs to make a decision now on the Exeter site. The Exeter site should not even be discussed. It is in a residential district with recreational facilities nearby the site. The fire company should look elsewhere for a new site. With the Exeter site still lingering, the fire company will continue to look at it and try to get it. Mr. Michael Tringale, Executive Director of Leeshurg Renaissance, addressed the Council announcing the Leesburg International Music Festival event scheduled for February 20, 21 and 22. Tickets are $15.00 per person or $40.00 for the entire series. This event will be a great promotion for the Town of Leesburg. Mrs. Mildred Herbough, a resident of 908 Marshall Drive, N.E., addressed the Council with regard to the proposed fire substation. "The news broadcast on Channel 9 Sunday evening was very slanted. I believe that a decision on the Exeter site had been rendered. I question if the town and/or county condoned the calling of a tv station and inviting them to do this story. I question the use of the taxpayers dollars and contributions to run fire apparatus around the town so that it could be used as a backdrop for a news story. What did that cost? If this was not condoned then corrective type action should be taken against the people that instituted it. In a private organization corrective action would be grounds for termination. I respect Mayor Sevila's decision to step down as Mayor but I have great concerns of what the future holds for this community. This ugly issue could rear its ugly head yet again as early as July or August. I am concerned if the principal of the Leesburg Elementary School, the School Board or the residents of Carrvale and Exeter will then be heard." Mr. Brian Balthrop, a resident of the Carrvale Subdivision, addressed the Council. He stated that he recently received information that there is potential for this Council to identify an alternative site that would satisfy both the needs of the fire company and the citizens. We believe there is a need for a fire station, we just think that the Plaza Street site is the wrong site. COUNCILMEMBER COMMENTS Mr. Webb stated that he and Ms. Bange were present at Saturday's Listening Session. Mr. Alton Echols was present and expressed his concern with the economic turnaround for Leesburg. The Cable Commission and current cable company is very well satisfied with the recently adopted cable ordinance. Mr. Clem stated that he had the opportunity to cut the ribbon and re-open the Rink on Saturday. This is a good alternative for the children as well as another business back into the community. He urged everyone to visit the new library. Mr. Kimball had no comment. Mrs. Forester responded to the petitioners, tonight, stating that she agrees with them. "This Council voted against the Plaza Street site. The majority of the Council said that it was an inappropriate site after months of exhaustive study looking at the fire department's issue, the citizen's issues and looking at all aspects. It is time that this Council slammed the door on that site and move forward to find a better site. Until this Council reiterates the fact that it did vote and did take a stand on that site and we have to move forward we are not going to make progress." Mrs. Forester asked that Mr. Brown put on the Planning and Zoning Committee agenda for February 18, a discussion of the process - how we move forward from the Plaza Street site and look at alternatives. "I don't believe that the town staff, nor the Town Council has had the opportunity to fully explore the options." "I heard some very disturbing comments about how the ad hoc fire station committee was run and slanted by some of the criteria that were set by some of the committee members themselves. Not the criteria that were set by the members of this Council. The members of this Council gave that committee wide open agenda. We said look at the northeast quadrant and find another site. Yet when that committee went to work they found that they were limited in scope Minutes of February 11, 1992 because of a resolution that was passed by some of the members of that committee." It is time that this Council take a leadership on this idea, find an alternative site. There are alternatives. We heard from Mr. Brown tonight on an innovative idea. We have a creative staff, citizens and a fire department. If we could all work together we will find an alternative and we could have found one long ago if the vote that we took on the Plaza Street site was taken as a final vote." Ms. Bange stated that she has asked Mr. Brown to look into the feaSibility of selling the proffered land on Plaza Street so that the money can be used to buy another piece of property. She congratulated the vocational educators of Loudoun County. As a former vocational educator, Ms. Bange stated that it is very important that we teach the students how to make a living with what they have to work with to make a good life. The Parks and Recreation Commission is working hard to meet the budget crunch and to keep the park moving forward. There will be some public forums, in March and April, to allow the citizens the oppo~cunity to come in and express their ideas about the park. She encouraged everyone to visit Ida Lee Park. MAYOR'S REPORT Mayor Sevila stated that the William F. and Margaret Rust Library was dedicated on Saturday. It is a magnificent facility located next to Ida Lee Park. He encouraged everyone to visit the library. Mayor Sevila announced the engagement of Clerk of Council Barbara Markland and Bill Messinger. MANAGER'S REPORT Mr. Brown stated that Arbor Day is scheduled for April 11 and encouraged everyone to come out to Ida Lee Park. Charles Mumaw, one of the town's staff engineers, recently received his professional engineering designation. Police Officer Vicki Gambrell is the proud mother of a baby girl, born on January 26. LEGISLATION 10. Mr. Brown briefly summarized the proposed ordinance. MOTION On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and unanimously adopted. 91-0-6 - ORDINANCE - AMENDING CHAPTER 6 OF THE TOWN CODE REGARDING PRECINCTS AND VOTING PLACES WHEREAS, boundaries of three WHEREAS, and WHEREAS, of Supervisors; and the Loudoun County Board of Supervisors on June 4, 1991, amended the of the four existing precincts within the Town of Leesburg; and the Board also created two new precincts which include territory within the town; the proposed amendment is consistent with the aforementioned action of the Board WHEREAS, it is in the public interest to designate the same polling places for town elections as the County of Loudoun has designated for county, state and national elections; and WHEREAS, the town has provided public notice of the proposed changes pursuant to Section 24.1-39 of the Code of Virginia, as amended: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 6, Elections, of the Town Code is hereby amended to read as follows: Sec. 6-1. Precincts. There shall be feur six voting precincts in the municipality as follows: (a) Precinct Number 5 501, West Leesburg. Beginning at the westernmost junction of State Route 7 and the western corporate limit of the Minutes of February 11, 1992 thence thence thence thence Circle; thence Town of Leesburg; thence north and east along the corporate limit of the Town of Leesburg to its junction with U.S. Business RoUte 15, also known as North King Street; thence south along U.S. Business Route 15, also known as North King Street, crossing State Route 7, to the junction of U.S. Business Route 15, or South King Street, with Davis Avenue; thence west on Davis Avenue to its junction with Valley View Avenue; north on Valley View Avenue to its junction with Catoctin Circle; west on Catoctin Circle to its junction with Dry Mill Road; north on Dry Mill Road to its junction with the Town Branch; west along the Town Branch to its junction with the western extension of Catoctin north along Catoctin Circle to State Route 7; thence west on State Route 7 to the point of beginning at the westernmost junction of the western corporate limit of the Town of Leesburg and State Route 7. (b) Precinct Number 6 502, East Leesburg. Beginning at the junction of State Route 7, or Market Street, and U.S. Business Route 15, or King Street, in the center of Leesburg; thence n¢~h anti west ~eng th~ ~astern anti ~¢~h~rn ¢¢rperat¢ ?.'mit !;nes t9 the nc'~hc':nmest thence north along U.S. Business Route 15 (King Street) to the northern corporate limit; thence east along the corporate limit to the Route 15 Bypass; thence southeast along U.S. Route 15 Bypass to its ,junction with State Route ? (Market Street); thence west along State Route 7 (East Market Street) to its ,junction with Catoctin Circle; thence west along Catoctin Circle to its .junction with U.S. Business Route 15 (South King Street)~ thence north along U.S. Business Route 15 (South King Street) to the point of beginning at its junction with State Route 7 (Market Street). (c) Precinct Number 1-6 503, Dry Mill Du!!cc. thence thence thence thence thence thence King Street; Beginning at the westernmost junction of the western corporate boundary of the Town of Leesburg and State Route 7; thence east on State Route 7, which is West Market Street, to its junction with Catoctin Circle; south on Catoctin Circle to its junction with the Town Branch; east along the Town Branch to its junction with Dry Mill Road; south along Dry Mill Road to its junction with Catoctin Circle; east on Catoctin Circle to its junction with Valley View Avenue; south on Valley View Avenue to its junction with Davis Avenue; east on Davis Avenue to its junction with U.S. Business Route 15, also known as South CatocQn Circ!c; thence south alon~ U.S. Business goute 15 to iB juncQon ~th S~te goute 7 B~ass; thence west alon~ S~te Route 7 B~ass to S~te Route 7 Business and the point of the be~nnin~ at the junction of S~te Route 7 and the western co.orate limit of the Town of Leesburg. (d) Precinct Number 1-7 201, Simpson. Circle. +~ ....... + "~"- ~*~+~ ~"*~ ~ *~ ;+~ junction "~+~ =+~*~ ~"+~ 7/15 Be~nning at the junction of U.S. Route 15 and Catocfin Circle; thence east along Catoctin Circle to its junction ~th S~te Route 7; thence southeast along S~te Route 7 to i~ inte~ecfion ~th the eastern co.orate limit; thence south and west along the corporate limit to i~ intersection ~th U.S. Route 15; thence nogh along U.S. Route 15 to the point of the be~nning at U.S. Route 15 and Catoctin (e) Precinct Number 405, Greenwa¥. Beginning at the westernmost junction of State Route 7 and the western corporate limit; thence east on State Route 7 to its junction with Catoctin Circle~ thence south on Catoctin Circle to its junction with the Town Branch; Minutes of February 11, 1992 thence east along the Town Branch to its intersection with Dry Mill Road; thence south along D.ry Mill Road to its intersection with Catoctin Circle; thence east along Catoctin Circle to its intersection with Valley View Avenue~ thence south on Valley View Avenue to its intersection with Davis Avenue; thence east on Davis Avenue to its intersection with State Route 15~ thence south on State Route 15 to the southern corporate limit; thence west and north along the corporate limit to the point of beginning at the westernmost junction of State Route 7 and the western corporate limit. Precinct Number 406, Balls Bluff. Bypass Beginning at the junction of State Route 15 Bypass and the northern corporate limit; thence south along the Route 15 BYPass to its intersection with State Route 7; thence east along State Route 7 to the eastern corporate limit; thence north and west along the corporate limit to the point of beginning at the Route 15 and the northern corporate limit. Sec. 6-2. Voting places. The election of municipal officials and the voting place for such election in Precinct Number 5 501, West Leesburg, shall be at the Leesburg Volunteer Fire Department Building, 215 Loudoun Street, S.W.; the election of municipal officials and the voting place for such election in Precinct Number 6 502, East Leesburg, shall be at the Loudoun County Rescue Squad Building, 143 South Catoctin Circle; the election of municipal officials and the voting place for such election in Precinct Number ~ 503, Dry Mil! Du!!cs, shall be at the C. S. Monroe Vocational Technical Center, 715 Children's Center Road, S.W.; and the election of municipal officials and the voting place for such election in Precinct Number ~ 201, Simpson, shall be the J. Lupton Simpson Middle School, 18 Evergreen Mill Road, S.E.; the election of municipal officials and the voting place for such election in Precinct Number 405, Greenway, shall be the Westpark Hotel, 59 Clubhouse Drive, S.W.; and the election of municipal officials and the voting place for such election in Precinct Number 406, Balls Bluff, shall be the Shenandoah Square Office Building, 102 Heritage Way, N.E. Sec. 6-3. Central absentee voter election district. A central absentee voter election district (CAVED) for all town elections shall be located at the General Registrar's Office Building, 109 Harrison Street, N.E., Leesburg, Virginia. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be effective upon approval of the U.S. Department of Justice. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin lo. Planner Gene Arner briefly summarized the proposed ordinance. MOTION On motion of Mr. Webb, seconded by Mrs. Forester, the following ordinance was proposed and unanimously adopted. 91-0-7 - ORDINANCE - AMENDING SECTION 3H-9(2), SECTION 3I-7(2) AND SECTION 11A-7(3)b OF THE LEESBURG ZONING ORDINANCE REGARDING PROVISION OF ACTIVE RECREATION FACILITIES IN MULTI-FAMILY RESIDENTIAL DEVELOPMENTS WHEREAS, public necessity, general welfare, and good zoning practice require the evaluation of existing ordinances to ensure that they continue to address the needs of the community; and and WHEREAS, good zoning practice requires uniform regulation of similarly situated land uses; WHEREAS, on October 9, 1991 the Council initiated an amendment to the Leesburg Zoning Ordinance establishing development density as the basis for requiring active recreation facilities in multi-family and townhouse residential developments; and WHEREAS, the Planning Commission held a public hearing on November 7, 1991 and has made a recommendation to Council; and WHEREAS, Council held a public hearing on January 14, 1992; THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows: Minutes of February 11, 1992 SECTION I. Section 3H-9(2) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (2) For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities shall be commensurate with the anticipated needs of the residents. In mixed developments having both multi-family and single-family attached (townhouse) sections, density and any resulting active recreation facility requirements may be calculated separately for each respective dwelling category. Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. SECTION II. Section 3I-7(2) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (2) A minimum of thirty percent (30%) of the gross acreage of a site developed for multi- family residential use shall be maintained as open space. For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities provided shall be commensurate with the anticipated needs of the residents. ao Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. SECTION III. Section llA-7(3)b of the Leesburg Zoning Ordinance is hereby amended to read as follows: bo A minimum of thirty percent (30%) of the gross acreage of a site developed for multi- family residential use shall be maintained as open space. For developments with overall density exceeding eight (8) units per net acre, active recreation facilities such as playgrounds, tennis courts, swimming pools and clubhouses shall be provided at a rate of at least 250 square feet per dwelling unit. "Active recreation" is defined as activities that allow physical participation by an individual or group. The size, type, and number of facilities provided shall be commensurate with the anticipated needs of the residents. Construction of recreation facilities described in the development plan shall be in accordance with a schedule approved as part of the plan and shall be at a rate equivalent to or greater than the rate of construction of dwellings. At a minimum, a phasing plan must assure that major recreation facilities, such as pools, clubhouses, and tennis courts, are constructed prior to the completion of fifty percent (50%) of the total units. SECTION IV. Any new development in existing R-16 districts for which the Town Planning Commission has approved a preliminary or final development plan, or for which the Town Land Development Official has accepted for review a complete application for a preliminary development plan, shall be vested in the provisions of the R-16 district regulations that were in effect immediately prior to adoption of this ordinance. SECTION V. All prior ordinances in conflict herewith are hereby repealed. SECTION VI. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION VII. This ordinance shall be in effect upon its passage. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Minutes of February 11, 1992 10. (c) MOTION On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 92-15 - RESOLUTION - AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR SENIOR UNDERWRITER FOR WASTEWATER TREATMENT PLANT EXPANSION REVENUE BONDS WHEREAS, the Town of Leesburg is planning to upgrade and expand its wastewater treatment plant from 2.5 MGD to 4.85 MGD; and WHEREAS, in December, 1991, this Council awarded a contract to CH2M Hill for the final design of this project; and WHEREAS, the final design for this project is expected to be completed by October, 1992, with construction expected to begin as early as the first quarter of 1993; and WHEREAS, the town's financial advisor Scott & Stringfellow Investment Corporation, has recommended to the town that due to current financial market conditions, it is advisable to proceed with the issuance of the bonds to finance this project. THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to release the attached Request for Proposals to the investment banking firms listed for the purpose of selecting a senior managing underwriter for the wastewater treatment plant project revenue bonds. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin 10. (d) MOTION On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted. 92-16 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR CONSIDERATION OF THE TOWN OF LEESBURG DRAFT SOLID WASTE MANAGEMENT PLAN WHEREAS, as required by the Commonwealth of Virginia, the Town of Leesburg prepared and submitted a draft Solid Waste Management Plan to the Virginia Department of Waste Management in June, 1991; and WHEREAS, in December, 1991, the Town of Leesburg received review comments from the Virginia Department of Solid Waste Management. which require additional information and actions from the town; and WHEREAS, a public hearing on the plan and subsequent Town Council endorsement of the plan by resolution are required; and WHEREAS, public input is timely as the town's solid waste management contract with Grayson's Refuse Service expires on June 30, 1992; and WHEREAS, it is important that the bid and award of a new solid waste management contract be consistent with the Solid WAste Management Plan, and reflect the services desired by the town and required to meet state recycling guidelines: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the Town of Leesburg Draft Solid Waste Management Plan shall be published in the Loudoun Times-Mirror on February 19, 1992, and February 26, 1992, for public hearing on March 10, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin Minutes of February 11, 1992 10. (e), (f), (~), (h) MOTION On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed and unanimously adopted. 92-17 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM- 132 AND A TOWN PLAN AMENDMENT BY LEESBURG ASSOCIATES RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-132 and a Town Plan amendment by Leesburg Associates shall be published in the Loudoun Times Mirror on March 11, 1992 and March 18, 1992 for public hearing on March 24, 1992 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 92-18 - RESOLUTION - RECEIVING AND REFERRING TOWN PLAN AMENDMENT AND REZONING APPLICATION #ZM-134 HARPER PARK TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1-431 OF THE 1950 CODE OF VIRGINIA AS AMENDED WHEREAS, the Town of Leesburg has accepted from Leesburg Associates Limited Partnership a town plan amendment and rezoning application to rezone from R-E to PRN and PEC approximately 270 acres of land bounded generally by Fort Evans Road, the eastern Town boundary, Route 7 and the proposed Battlefield Parkway: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of Leesburg Associates Limited Partnership for a Town Plan amendment and rezoning of land to establish planned developments collectively styled "Harper Park" is hereby received and referred to the Planning Commission for a public hearing and recommendation to the Town Council in accordance with Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended. 92-19 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR STONEGATE, PHASE I, SECTION 1 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Stonegate, Phase I, Section 1. SECTION II. The extension of municipal water and sewer for Stonegate, Phase 1, Section 1 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The corporate surety bond in a form approved by the town attorney from the American Home Assurance Company in the amount of $1,322.000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Stonegate, Phase I, Section 1. 92-20 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR FOX CHASE SECTION II WHEREAS, Pulte Home Corporation, the developers of Fox Chase Section II, has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one-year time extension to complete the public improvements; and WHEREAS, the developer has provided a new letter of credit in the amount of $184,042.00 from C&S/Sovran Bank to guarantee the installation of the remaining public improvements and to replace the current letter of credit from First American Bank in the same amount; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $184,042.00 to guarantee installation of the remaining public improvements in Fox Chase Section II. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The new letter of credit from C&S/Sovran Bank in the amount of $184,042.00 in a form approved by the Town Attorney and a time extension of one-year for the installation of public improvements are hereby approved for Fox Chase Section II. Minutes of February 11, 1992 VOTE Aye: Councilmembers Bange, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: None Absent: Lovin On motion of, and duly seconded, the meeting was adjourned at 8:30 p.m. Robert E. Sevila, Mayor Town of Leesburg Clerk of Council