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<br />(4) Action by Council. Upon receipt of the recommendations of the Planning and Zoning <br />Commission, the Council shall consider the application and, after holding public hearings as it deems <br />desirable, shall approve or disapprove the application with changes of conditions, if any, as it may <br />deem appropriate. This may include the requirement for a development contract between the city and <br />the applicant; refusal of any of the changes or conditions shall constitute denial of the application by <br />the City Council. Failure of the applicant to notify the City Council of his or her acceptance or refusal <br />of the modifications to the preliminary plat constitute acceptance of these conditions. The City Council <br />shall approve or disapprove the plat within 120 days from the application by the subdivider unless the <br />city grants itself an automatic extension of time or the time period is otherwise extended by agreement. <br /> <br />(D) Final plat. <br /> <br />(1) Within 180 days from receiving the last required approval of the preliminary plat by the <br />City Council, the developer shall submit an application for final approval to the Administrator, as set <br />forth in these regulations. The application shall be accompanied by: <br /> <br />(a) One copy of the plat which is to be recorded; <br /> <br />(b) Ten prints of the plat for city record; <br /> <br />(c) A certified check or money order in an amount to cover the final fees; <br /> <br />(d) A certificate that all improvements required by these regulations and all other <br />applicable city ordinances have been installed in strict accordance with the standards of construction of <br />the city; or a guarantee that the improvements will subsequently be installed by the owner, in the form <br />of a bond that will cover the cost of improvements as estimated by the City Engineer or Council. <br />Failure to provide this data within the 90-day period shall render null and void the approval of the <br />preliminary plat. An extension of this time period may be granted by the City Council on request of <br />the developer; and <br /> <br />(e) Final plat will not be approved until developer gets approval from Rice Creek <br /> <br />Watershed. <br /> <br />(2) Action by Administrator. The Administrator shall send one copy of each of the final data <br />to the City Attorney for review. <br /> <br />(3) Action by Council. Upon receipt of the reports of the City Engineer and City Attorney, <br />the Council shall consider approval of the final plat. Following approval by the Council, the Mayor or <br />other authorized person shall endorse the plat and the Administrator shall return it to the applicant. If <br />the final plat is not in substantial compliance with the regulations and conditions set forth, the <br />Administrator shall return the final plat to the applicant with an attached statement identifying the areas <br />of noncompliance. The City Council shall approve or disapprove the plat within 60 days of staff <br />reports. <br /> <br />32 <br />