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259 <br />SPECIAL COUNCIL MEETING <br />January 23, 1986 <br />Page Four <br />repairing the ditch on a cost sharing basis, but could not see <br />paying the entire cost. Mr. Rudd said the County is on record <br />saying they would share in some of the costs of this project. He <br />would like an estimate of the repair cost and then determine who <br />will pay what. <br />Mr. Weidenbacker was not sure that returning the ditch to its or- <br />iginal cross section and profile would provide the needed drainage. <br />Mr. Toddie said that the ideal situation may not be accomplished, <br />but can do the best with what there is to work with and this will <br />relieve the problem and perhaps solve it completely. <br />Mr. Cardinal asked Mr. Weidenbacker to determine the cost of clean- <br />ing out Ditch #22 to Main Street, then work with Mr. Toddie and Mr. <br />Rudd to determine if the ditch will need to be enlarged, dug deeper <br />or whatever is adequate to do what is needed for drainage in this <br />area. Mr. Rudd said they would have to look at the grade of the <br />ditch and capacity and may end up with a combination of Ditch #22, <br />ponding areas and some restrictive culverts and even the road side <br />ditches may bave to hold back water for a few hours. This will de- <br />termine if just cleaning out the ditch will solve the problem. He <br />suggested solving the problem on paper first than argue about the <br />costs. <br />Mr. Marier noted the plug in the ditch near Carl Street and felt it <br />should be removed immediately. Mr. Murray said it is illegal to <br />obstruct a County Ditch. This is a misdemeanor. It was determined <br />that if the plug was removed no land would be adversely affected. <br />However, the landowner who put the plug in place (sod field owner) <br />would be quite irrate. Mr. Rudd said that Mr. Weidenbacker should <br />get a profile on this private part of the ditch with the plug to <br />determine the effect when the plug is removed and then make a de- <br />cision on what to do with the plug. <br />Mr. Bohjanen asked that Mr. Toddie and Mr. Rudd work with Mr. Wei - <br />denbacker and determine an estimate to clean the original Ditch #22 <br />to its original cross section and profile from Carl Street to Main <br />Street and have this information to the Council on Monday, February <br />10, 1986. Mrs. Anderson is to notify the landowners that a survey <br />team will be entering their property to make the survey of the <br />orgiinal Ditch #22. <br />Mr. Marier asked for clarification of the RCWD responsibility for <br />ditch cleaning. It was explained that the jurisdiction of County <br />ditches is vested in the Watershed District Board and they have a <br />right to levy and accept a petition for improvement or repair. <br />RCWD is a hearing body, they determine the facts in each case. Pe- <br />titioners or opponents are other parties. The statute states the <br />RCWD maintains and repairs the County ditches. It also denotes <br />where the money's to be obtained for this. Its an empowering stat- <br />ute. The money is to come from property that is benefited. Public <br />