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22 <br />LA515\1\1066805.v2 <br />planning commission recommendation is not received within the required time, the <br />council may take action without the planning commission's report. <br />2. The council may grant or deny the application or table it in order to obtain <br />additional data necessary to make a reasonable decision. The council may require <br />that the applicant post a performance bond, letter of credit, or cash deposit in a <br />reasonable amount in order to ensure that applicant completes those improvements <br />which are required to be completed within 12 months of the date of the issuance of <br />the moving permit. <br />SECTION 15. The City Council of the City of Lake Elmo hereby ordains that Title 105, <br />Section 105.08.290 of the City’s Code of Ordinances is amended as follows (proposed language <br />is underlined, deleted language is shown with strikethrough): <br />105.08.290 Hearing <br />The council shall provide for a public hearing before granting a park permit. Notice of the hearing <br />shall be made by publication in the official city newspaper. Publication shall be made at least ten <br />days prior to the date of hearing. All property owners within 350 500 feet shall also be notified by <br />mail. <br />SECTION 16. The City Council of the City of Lake Elmo hereby ordains that Title 105, <br />Section 105.12.240 of the City’s Code of Ordinances is amended as follows (proposed language <br />is underlined, deleted language is shown with strikethrough): <br />105.12.240 Applications Review Process <br />1. Application form and fee. The following general provisions apply to all applications <br />required under this chapter: <br />1. Application form. <br />1. Application in writing. All applications for any site plan, conditional use <br />permit, zoning verification, variance, or for any other city approval required <br />by this chapter, or to amend this chapter, shall be made in writing on a form <br />provided by the city, to the director of planning. <br />2. Information required. Every application shall contain the legal description <br />of the property and a statement of the specific permit or action being sought. <br />In addition, every application shall include the submission requirements <br />listed in subsection (b)(1) of this section. Nothing in this section shall be <br />deemed to prevent the city from requesting additional information from the <br />applicant upon which to base a decision. <br />2. Fee. The application shall be accompanied by the required fee as established by <br />resolution of the city council. If a dispute arises over a specific fee imposed by the <br />city, the amount of the fee must be deposited and held in escrow, and the person <br />aggrieved by the fee may appeal to the district court, as provided by M.S.A. § <br />462.361 (judicial review), as it may be amended from time to time. The application <br />shall proceed as if the fee had been paid, pending a decision of the court. <br />2. Application requirements.