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Public Hearing Minutes of 10-19-70 Page -6- <br />Mr. Timothy asked where this drainage was to enter current drainage ditches. <br />Mr. Packer said it will probably enter at the northwest comer of property and <br />this is purpose of having retention basins. <br />Mr. Timothy asked would that not be somewhere near your present entrance to <br />Wellesley? Mr. Packer said no - it is considerably north of the present entrance. <br />Mr. Timothy asked how can it get into that drainage ditch. Mr. Packer showed <br />Mr. Timothy ditch in reference. Mr. Timothy said that ditch will not take an <br />increase flow of water. Showed two pictures to Council, stating ditches are <br />abused - half filled with dirt, boots, etc. He stated water cannot get into <br />Westlake unless he has 2 ft. of water. He further stated this runs thraugh <br />private property and is not a county ditch. Said ditch was a disgrace and <br />requested Council to take a close look before any decision is made on this. <br />Mr. Karhan was asked for clarification by Mr. West as to whether ditch is on <br />private property and whether we cannot maintain it. <br />Mr. Karhan said it is a county ditch and it runs through Mr. Timothy's Iot <br />and it is a county ditch. Mr. West asked if it is Iisted as a county ditch <br />on the map. Mr. Karhan said no - there are no such things actually as county <br />ditches because when North 0lmsted became a city these were turned over to the <br />City, but it is originally a county ditch. <br />Mr. West commented that it was originally a county ditch and, therefore, according <br />to the law as long as there is drainage in whatever form you cannot stop it or <br />block it or interfere with it, but by the same token, you can take through that <br />ditch what would he considered as normal drainage off any property that surrounds <br />it, is that correct? Mr. Karhan answered yes. <br />Mr. Timothy asked Mr. Karhan to show any record where this is a county ditch. <br />Discussed same in great detail; also stated there is no record in County <br />Engineer's office other than the fact the drawings show a ditch. He said ditch <br />was put in during the depression on W.P.A. work as a cheap ditch to drain off <br />the area which the developers wish to build on. <br />Mayor Christman said there are many ditches that provide the drainage throughout <br />the City that you will not find any county record of. These ditches were dug <br />years ago where they are part of the improved natural water courses that once <br />drained the area. However, the right of a person to go into that cannot be denied <br />him. If it is draining there now it still has a right to drain there. What we <br />are forgetting is that with retention which can be designed into this you can <br />keep the rate of run off just the same as it is now. Stated there are pZaces along <br />Lorain Rd. that do have retention designed into them that are working just as they <br />were designed. <br />Mr. Timothy asked the Mayor if they can have this and enlarge ditches, increase <br />the flow of water, and he cannot block it at his property and stop the flow of <br />water. Mayor Christman said this is a)rrect. <br />Mr. Timothy asked why the City does not take steps with Westlake to see that run <br />off from that area goes where it is supposed to go. <br />Mayor Christman explained the Area Wide Study and named communities involved. Feels <br />that great headway has been made in that a joint study will be made.