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1 -5- The meeting was recessed at 9 :05 P..M. and reconvened_ at 9 :15 P.M.. - to consider the Craig Morris landscaping and fencing agreement. compliance as .related. to the Letter of Credit which expires May .l , 1982 . • Mr. Berg addressed the City ' s options related to Craig Morris ' non- complLance .withthe conditions. of the: Letter of Credit issued when his development -.of- the property at 3909 Silver Lake Road was permitted under the Hedlund PUD,. as was indicated .in his April 16th memorandum. He showe& pictures he had taken of the fence which Mr. Morris has begun to construct'.and all agreed-this- was.- not the "metal.. slatted chain link fence" stipulated by the Council whenit granted an. extension of the Letter of Credit .November -24 , 1981. The letter from Mr. Morris indicating his willingness to provide. such a .fence before May lst, was read aloud and ' the site plan for. the landscaping viewed to ascertain whether the plantings are being provided as agreed .to. by Mr. Morris when the PUD was approved. Kenneth Lee who is constructing a home directly - behind the Morris shop on Penrod,. was- present and reported Mr-. Morris is building a "makeshift fence of: two by fours which won' t last two- years" . Mr. Lee added that he has been unsuccessful in his efforts to get Mr. Morris to share in the -costs of providing a suitable fence or to trim the dying oak tree which is on the property. .line.. He also said his property has been graded- so a new fence can. be erected any time now. Mr. Jones sees Mr. Morris as. a "very uncooperative person" , as evidenced by his absence .for.. the discussion, and the fact that he has completely ignored the City ' s request to cycle his lighting- to conform to his shop hours of business. He and Mr. Peterson are in- agreement that since Mr. Morris will not .deal with the City on a face to face basis , there appears to be no. alternative to revoking the Letter of Credit and using the proceeds to construct an adequate fence as required by the PUD.- Mr. Jones requested staff to verify the revocation procedure before April 30th. Motion by Mr. Bjorklund and seconded -by Mrs . Makowske to recommend Council denial of any further extensions of the Letter of Credit issued to assure landscaping- conformance at 3909 Silver Lake Road and to cash 'in the Letter of Credit if the terms are not met April 30 , 1982 , finding that: (1) the City has .already granted Mr. Morris con- cessions based on weather, general economic conditions and his own personal financial status as well as extensive departures from the PUD requirements for landscaping; (2) Mr. Morris has clearly failed to live .up to his agreement to provide .landscaping and fencing which were conditions -for extension.-.of the Letter of Credit set by the Council when it granted the extension November 24 , 1981; and (3) Mr.. Morris is clearly in substantial- and significant non-conformance with his letter of agreement to provide shr-ubbery,, and fencing as shown onthe proposed site plan for the development of this site. Motion carried unanimously. Keith Grewe , 1001 Orchard Avenue, appeared .to discuss the tanning salon he proposes to operate next. to the Bowl-a-Mat on the lower level of • the Apache. Plaza .Shopping Center. He is an unemployed truck driver, he told the Commission -:members, and has already invested $16 ,000 in the Tan Me, Inc. franchise which the City Attorney has indicated does not fit into .any existing category of permitted uses in the City