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LAKE ELMO CITY COUNCIL MINUTES AUGUST 7, 1990 PAGE 3 by the Engineer. Bohrer has not seen a design, but the applicant had stated on the phone he would provide for the drainage by installing a catch basin and a storm sewer that would drain the intersection of his driveway on 30th Street and pipe the water southerly onto a low area on the applicant's own property, and (4) Elevations need to be verified and the need for a driveway culvert at 30th Street shall be determined by the Engineer. Councilman Williams voiced his concern that any drainage system would become frozen and not operate as intended. Any fill put in will increase the amount of spreading of water that normally collects there and eventually spill over into the neighbor's property and threaten their septic system. Williams asked this concern be addressed by the City Engineer. M/S/P Graves/Williams - to postpone consideration until the applicant has provided the City Engineer with the design for a private storm sewer for his approval and the engineer will determine the need for a driveway culvert at 30th street. (Motion carried 4-0). B. Joseph Kiesling: Shoreland Permit & Variance 9359 Jane Road, North M/S/P Dunn/Graves - to bring back for Council consideration the Shoreland Permit and Variance request of Joseph Kiesling. (Motion carried 4-0). At the July 21, 1990 meeting, the Council, on a 2-1 vote, approved the variance request by Mr. Kiesling. Since then the City received a letter from the DNR, dated August 7, 1.990, stating, based on their review of the City's decision on the deck variance, they are appealing the Council's decision under Section 301.060.C.2-Appeals of the City of Lake Elmo Municipal Code based on reasons stated in correspondence to the City and DNR Permit #88-6068. The City Attorney noted the DNR has control of the shorela.nd district and the local governing body is the enforcing agent to the Minnesota Department of Natural Resources. The Council does not have the authority to overrule the DNR, (State Statute takes precedence over our City Code). Therefore, Attorney Knaak stated, since there was a misunderstanding by the Council on DNR's authority, he suggested the Council rescind the variance previously granted. M/S/P Williams/Graves - to rescind the variance previously granted by the Council to Joseph Kiesling for construction of a walkway based on findings stated in July 17, 1990 City Council Minutes with the addition to No. 7: The DNR has statutory authority to prohibit this variance from being granted. (Motion carried 4-0). C. Letter from Tim Mandel The City received a letter from Tim Mandel, 2479 Lisbon Avenue, making a formal complaint based on his observations that the home at 2461 isuQroetesoi iueddule Te Ta airaasoaab}enq Ave comp s o de n ig or oo�a e n ivi ua