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lots. #15-3763/16-3860 December 8, 2016 Page 5 Based on the above discussion, it would appear there are three basic scenarios to consider for permanent use of Outlot A: Scenario 1. Both Lots 5 and 6 are allowed to use Outlot A as a permanent secondary access. Determine whether an upgrade of Outlot A to private road status is required; if so, this potentially requires changes to the plat of Kintyre Preserve. Scenario 2. Only one of the two new Lots is allowed to use Outlot A as a permanent secondary access. This requires establishment of covenants and perhaps other physical barriers to ensure compliance. Scenario 3. Neither of Lots 5 or 6 is allowed to use Outlot A as a permanent secondary access. If this is the case, then the driveway in Outlot A and the creek crossing should be eliminated and vegetation restored. Staff Recommendation Staff would recommend that temporary use of Outlot A be per the staff -recommended scenario described above. Staff recommends that Council review the various options for future (permanent) use of Tamarack Outlot A and make a decision on which to require. The Development Contract will be modified to reflect Council's action. Additional minor revisions to the Development Contract are anticipated. Staff recommends that the Council adopt the attached resolution, subject to the plat not being filed until such time that all required documents have been finalized. The final plat approval resolution is drafted such that filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. This includes the City having in hand the issued MCWD permits, Letter of Credit and escrow, signed Development Agreement, signed covenants, signed road maintenance agreement, etc. COUNCIL ACTION REQUESTED 1. Discussion and conclusion regarding the temporary and permanent future use of Outlot A, Tamarack Hill (the back driveway). 2. Motion to adopt the attached resolution entitled A Resolution Approving the Plat of Kintyre Preserve - File #15-3763/16-3860. 3. Motion to authorize Mayor and City Administrator to execute the Development Contract for Kintyre Preserve upon final approval by the City Attorney.