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08-6496 Lifting Driveway Permit Moratorium1 RESOLUTION NUMBER 08-6496 A RESOLUTION LIFTING THE MORATORIUM ON THE CONSTRUCTION OR INSTALLATION OR THE GRANTING OF ANY PERMITS FOR CONSTRUCTION OR INSTALLATION OF ANY DRIVEWAY CROSSINGS, CULVERTS, OR OTHER w IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED WITHIN THE CONFINES OF THE NORTH OHIO OVERPASS PROJECT AND ON PACIFIC AVENUE N WEST TO FRONT STREET. WHEREAS, during the few days prior to May 2, 2005, the efforts of an owner of property abutting Pacific Avenue to install driveway culverts without city permits in locations affecting construction of the North Ohio Street Overpass Project (the "Project') heightened awareness of the potential conflict between construction of the Project and new driveway construction in public right-of-way within the confines of the Project; WHEREAS, at its regular meeting on May 2, 2005, the governing body approved a motion imposing a moratorium on the construction or installation and the granting of any permits for construction or installation of any driveway crossings, culverts, or other improvements within the public right-of-way located within the confines of the North Ohio Overpass Project and on Pacific Avenue west to Front Street and stating the reasons therefore; and WHEREAS, the City Engineer advises that construction of the Project and the reconfiguration of affected public streets within the confines of the Project have been completed (with the exception of repairs to be made to the west bridge parapet) and in use for a sufficient period of time that the resulting traffic volumes and traffic patterns appear to be established such that: (a) New driveway permit applications can be analyzed in terms of appropriate public safety considerations based upon actual traffic volumes and traffic patterns; (b) Private construction activity in the public right-of-way within the confines of the Project will no longer potentially result in unanticipated cost to the public; and (c) Private construction activity in the public right-of-way is no longer at risk of removal and economic loss to private parties as a result of required removal in order to complete the Project. SO, NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. The Governing Body of hereby lifts the May 2, 2005 moratorium on the construction or installation and the granting of any permits for construction or installation of any driveway crossings, culverts, or other improvements within the public right-of-way located within the confines of the North Ohio Overpass Project and on Pacific Avenue west to Front Street. Section 2. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 25`h day of February, 11: {SEAL) ATTEST: Lieu Ann Elsey, CMC, ity Clerk AayorAlan E. Jilka,