HomeMy WebLinkAboutITEM II-BCITY OF
AGENDA BILL APPROVAL FORM
* WASHINGTON
Agenda Subject: Date:
Right-of-Way Use Permit 10-03 February 24, 2010
Department: Attachments: Budget Impact: Public Works Permit Conditions and Map $ 0
Administrative Recommendation:
Public Works Committee Approve Right-of-Way Use Permit 10-03 for Traffic Count Consultants Inc.
Background Summary:
Traffic Count Consultants Inc (TC2) has applied for aRight-of-Way Use permit for a term of 3 years to allow them to place traffic counting equipment in the right-of-way so that they
may conduct studies and
gather traffic count data for their clients. The permit would allow TC2 to place equipment throughout the
entire City depending upon where their clients have asked them to perform counts and upon notification
to the City of those locations and dates that the equipment will be in place. The traffic counting is
performed utilizing a video counter located along the side of the roadway and does not require the use of
any tubes across the travel way.
This permit was previously reviewed by the Public Works Committee at the February 15, 2010 meeting
and additional condition and changes to the permit were required as follows:
1. The Term of the Right-of-Way Use permit shall be for one year.
2. Additional conditions to protect the privacy of persons whose faces and license plates may be
inadvertently captured by the video data collection and the prohibition of selling or distribution of that video data for illegal purposes is required.
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Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ®Building ®M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ®Fire ®Planning
❑ Park Board ®Public Works ❑ Legal ®Police
❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l
Tabled Until I I
Councilmember: Wa ner Staff: Dowd
Meetin Date: March 15, 2010 Item Number:
k t + •1~
Right-of-Way Use Permit # 10-03 Special Conditions
The special conditions of this ROW Use Permit are: 1) Applicants failure to comply with any special provisions/conditions of this permit will
be terms for immediate termination.
2) Applicant shall maintain current insurance naming the City as an additional insured
throughout the life of the permit and provide the City with proof that they are insured.
Proof of insurance shall be sent to City of Auburn, Amber Mund, Engineering Aide,
25 West Main Street, Auburn, WA 98001.
3) Applicant is to provide a signed and notarized Hold Harmless agreement.
4) Applicant shall notify the City 72-hours in advance of placing any traffic counting
equipment in the right-of-way of the locations and dates that equipment shall be in
place by e-mailing Amber Mund, Engineering Aide at amund(c~auburnwa.gov.
5) Equipment shall not be placed in the right-of-way at locations that will conflict with
vehicular roadway or pedestrian traffic.
6) TC2 video data recorders shall be programmed and positioned in such a manner as
to minimize the possibility of capturing and recording vehicle license plates and
occupants' faces.
TC2 video data that does contain discernible faces and/or license plates shall be
edited to obscure or otherwise blank out recognizable images of vehicle license
plates and occupants' faces.
8) TC2 shall not sell, distribute, or allow third parties to view any video data that
contains discernible vehicle license plates and/or occupants' faces, and shall take
steps to insure that such video data is not used for fraudulent, criminal or otherwise
unauthorized purposes.
9) Equipment shall be clearly labeled as to what they are and applicant or applicants staff shall carry proper identification and a copy of this permit with them at all times
while installing, removing, or maintaining traffic counting equipment in the right-of-
way.
10) Applicant shall immediately perform maintenance or remove equipment upon
notification from the City that equipment has been damaged or posses a hazard for
any reason the City deems necessary.
11) The City reserves the right to adjust the terms and conditions or revoke this Right-of-
Way Use Permit pending the following considerations:
a) Public complaints involving perceived issues impacting public use of the ROW affected by the permit.
b) Public comment or other community interest concerns.
c) Any emerging issue or change in use of the ROW that may impact the public
interest, as follows:
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• The remaining capacity of the rights-of-way to accommodate other uses if
the applicant's proposed use is granted.
• The effect, if any, on public health, safety, and welfare if the authorization
is granted.
• Such other factors as may demonstrate that the grant to use the rights-of-
waywill serve the community interest.
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