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In order that the City may. avoid. having to put in the improvements at a cost which may exceed the $3 ,200 proceeds of the Irrevocable Letter • of Credit if it is withdrawn by the City, Mr. Berg had suggested a six months extension of the Letter of Credit maturity date. This would allow the improvements to be more easily installed in the spring. Mr. Bowerman said he could not .favor such an extension since neither Mr. Morris. nor Mr. Hedlund had formally requested. such an extension and, indeed, may intend to forfeit the $3 ,200 if the costs exceed that figure. Mr. Enrooth wanted a resolution of the questions regarding the City ' s responsibilities if the Letter of Credit is drawn upon by the City before an extension recommendation is made. Mr. Sopcinski agreed it would not be prudent to act until such questions were answered and concurred with Mr. Bowerman that an extension in this case might set a dangerous precedent for permitting developers to ignore the pro- visions of a PUD. He saw this as an opportunity for demonstrating the seriousness of the City 's intentions of enforcing the agreements into which it enters . Motion by Mr. Bjorklund and seconded by Mr.. Bowerman to recommend that the. Council or the Manager be prepared to present in a timely manner, prior to 2 :00 P.M. , November 30 , 1981 , a demand draft on the Irrevocable Letter of Credit issued in favor of the City of St. Anthony by Craig & Company/Hedlund, in the event the agreed to landscaping and fencing is not completed or nearly completed, before November 30 , 1981, and to request staff or the City Attorney be directed to explore the City ' s responsibilities regarding the installations if such a • draft .is .drawn. The Commission recommendation- is based upon the apparent lack of work to date on theshrubbery or fence installations and other improvements agreed. ta by Mr. Morris as well as the fact that the developers of this property have to date failed to present an acceptable reason for the delay in- performance. It is further recommended by the Commission that the proceeds of said Letter of Credit be placed with an interest bearing escrow account to be used for- the improvements next spring, Motion carried unanimously. The Commission members requested that a copy of the motion be sent to all parties concerned. Mr. Berg. included - in the agenda packet a copy of the letter from the Clark Oil. and Refining Corporation explaining the delay in processing the purchase agreement with Duane Fisher for the sale of the firrh.',s station property at 3301 Stinson Boulevard. The Commission had recommended the property be rezoned from C-commercial to R-2 , double family residence, and .had given Mr. Fisher 100 days to consummate the purchase when he reported he had not obtained ownership of the pro- perty. Mr. Sopcinski noted the Council had not taken exception to the 100 day deadline and it was the consensus of the Commission that at the end of that period Mr. Fisher should appear before the Commission to reactivate his rezoning request. Mr. Jones said he would be glad • to vote for the rezoning if the legalities are resolved because he sees Mr. Fisher's proposal as a: good use for this property.