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5 Safety Improv to Highway 101 5 - CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA - DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION COMMUNICATING A DESIRE FOR SAFETY IMPROVEMENTS TO STATE HIGHWAY 101 BETWEEN WEST 78m STREET AND TOWNLINE ROAD WHEREAS, the City ofChanhassen working in conjunction with the City of Eden Prairie, Carver County, Hennepin County and the State Department of Transportation has sought for an extended period oftime a resolution to the turn back proposal propered by the State Department of Transportation; and WHEREAS, these extensive negotiations have resulted in an impasse; and WHEREAS, the parties involved in the discussion have been unable to reach an agreement as to the improvements to be made to State Highway 101; and WHEREAS, the State Department of Transportation communicated, in a letter dated September 12, 2000 to Representative Tom Workman, its desire to resume jurisdiction and maintenance of this segment of Hwy. 101; and WHEREAS, State Highway 101 remains in need of several minor safety improvements; and WHEREAS, the State Department of Transportation is entrusted with ensuring the safety of motorists and pedestrians alike on its highway system; THEREFORE, BE IT RESOLVED by the City of Chanhassen that it communicate its strong desire to the Minnesota Department of Transportation for the installation of traffic signals at Valley View Road and Pleasant View Road intersections of Highway 101, minor shouldering improvements up and down the length of Highway 101, and a resurfacing of Highway 101 nom West 78th Street to Townline Road. Passed and adopted by the Chanhassen City Council this day of ,2000. ATTEST: Nancy K. Mancino, Mayor Scott A. Botcher, City Manager YES NO ABSENT g:\admin\resol\hwy I 0 I improve.doc (a) By perpetrator. Any person applying graffiti on public or private property has the duty to remove the graffiti within 24 hours after notice by the city or private owner of the property involved. This removal must be done in a manner prescribed by the city manager, chief of police, city engineer or their designees. Any person applying graffiti is responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal will constitute an additional violation of this article. Where graffiti is applied by a person underl8 years old, the parents or legal guardian will also be responsible for such removal or for the payment for the removal. Section 13-41. Removal of Graffiti. PASSED AND ADOPTED this _ day of of the City ofChanhassen. , 2000 by the City Council (b) By property owner or city. If graffiti is not removed by the perpetrator according to paragraph 1, the city may order that the graffiti be removed by the property owner or any person who may be in possession or who has the right to possess such property, pursuant to the nuisance abatement procedure in city code section 13-4. If the property owner or responsible party fails to remove offending graffiti within the time specified by the city, the city may commence abatement and cost recovery proceedings for the graffiti removal in accordance with city code section 13-4. Section 2. This ordinance shall be effective immediately upon its passage and publication. CITY OF CHANHASSEN By: Nancy K. Mancino, Mayor ATTEST: By: Scott A. Botcher, ClerklManager (Published in the Chanhassen Villager on , 2000.) 89560 3 Oct-IS-OO 03:16P Latus Realty P.OI /-¡ /' '- , vlotkq October 18, 2000 TO: Scott Botcher BY FAX 937-5739 FROM: VemelJe Clayton RE: Proposed <n-affiti Ordinance Thanks for dropping in at the meeting this morning. While we did not discuss the proposed ordinance nom the perspective of passing an actual resolution at this time, the general consensus seemed to be that it is a worthwhile pursuit and we have forwarded the document to the Governmental Affairs Committee. Since we had a brief discussion with you regarding a 24 hour period for owners to remove the graffiti--l note that the 24 hours relates to the perpetrators, not to the building owners, so it would seem that the concerns we discussed are mute. Presumably the City would take into consideration the extent of the graffiti, when setting its time limits for owners so that in the event the damage were sufficiently severe so as to warrant submitting an insurance claim, time for that process would be permitted I do have one observation as to the language and requirements of Section 13-41 (a). The proposed language deals only with "removal" of the graffiti. It occurs to me that, for example, if the graffiti were in the fonn of an "etching", removal may not be possible. Thus, it would seem there should be a provision requiring the "perps" to repair or replace damaged materials as well.