HomeMy WebLinkAbout2023.10.10 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Tuesday, October 10, 2023
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City
Council Workshops are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (415) 655-0060 and use access code
307-404-066.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
3 - 30 (a) Presentation - Downtown Pasco Master Plan Implementation
Efforts
Agenda Report from Jacob Gonzalez, Director - Pdf
Presented by Jeff Arango and Lesley Bain from Framework
Consulting
31 - 75 (b) Resolution - Northwest Baseball Ventures I, LLC (Tri-City Dust
Devils) Lease Renewal at GESA Stadium
Agenda Report from Jesse Rice, Interim Director - Pdf
76 - 97 (c) Resolution - Change Order No. 4 for the East UGA Expansion
Sewer LID (LID 152) Phase 2 Project.
Agenda Report from Steve Worley, Public Works Director - Pdf
Page 1 of 171
98 - 118 (d) Ordinance - Amending PMC Sections 3.35.160 and 13.45.060 to
Amend Water Rights Acquisition Fee
Agenda Report from Steve Worley, Director - Pdf
119 - 168 (e) Ordinance - Amendment to Pasco Municipal Code Section
10.35.010 to Include Burns Road Speed Limit Change
Agenda Report from Steve Worley, Director - Pdf
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
8. ADJOURNMENT
9. ADDITIONAL NOTES
169 - 170 (a) Adopted 2020-2021 Council Goals (Reference Only)
2022-2023 Council Goals - English
2022-2023 Council Goals - Spanish
(b) REMINDERS
Monday, October 9th, 12:00 PM: Pasco Chamber of
Commerce Lunch Meeting, Pasco Red Lion, 2525 N. 20th
Ave, Pasco
Tuesday, October 10th, 6:00 PM: Old Fireman’s Pension
Board Meeting – City Hall Conference Room 1, Pasco City
Hall (MAYOR BLANCHE BARAJAS, Rep.)
Thursday, October 12th, 6:00 PM: Ben Franklin Transit
Board Meeting – Benton County Administration Building
(COUNCILMEMBER JOSEPH CAMPOS Rep.)
Monday, October 16th, 6:00 PM: LEOFF Disability Board –
City Hall Conference Room 1, Pasco City Hall (MAYOR
BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG
MALONEY, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
Page 2 of 171
business day's notice to the City Clerk to ensure availability.)
Page 3 of 171
AGENDA REPORT
FOR: City Council October 5, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 10/10/23
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Presentation - Downtown Pasco Master Plan Implementation Efforts
I. REFERENCE(S):
Presented by Jeff Arango and Lesley Bain from Framework Consulting
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
In mid-2021, the City of Pasco's Community and Economic Development
Department partnered with Framework Consulting to create Downtown Pasco's
first stakeholders and members, businesses, Plan. Master Community
participated in shaping the draft, which underwent public review during open
house events.
The Master Plan highlights Pasco's assets and outlines a vision, goals, and
specific strategies for downtown improvement. These range from street design
and public safety to business diversity and investment. The plan is part of
Pasco's broader efforts to prioritize Downtown development and was designed
to graphics encourage to and illustrations featuring public-friendly, be
engagement.
Community channels various through including was input collected local
events, workshops, and online surveys. The plan's framework, shaped by
community feedback and best practices, outlines short-term and long-term
action items. Implementation kicked off in mid 2023 with the adoption of a
Page 3 of 170
mural ordinance and will include projects like parking management and
downtown redevelopment.
The plan stresses the importance of collaboration between the City and
community partners for successful implementation, offering a roadmap for a
revitalized and vibrant Downtown Pasco.
V. DISCUSSION:
Framework will review the attached presentation discussing progress and
direction of the Downtown Master Plan Implementation efforts.
Page 4 of 170
Paint PascoDowntown Public Space CodeCity Council Presentation October 10, 2023Page 5 of 170
PURPOSE + INTENT◎To expand and promote opportunities for the use and activation of public space in Downtown Pasco.◎Ensure that Downtown Pasco provides a fun, safe, and engaging experience for all.◎To provide a clear, concise, and user-friendly process for reviewand approval of applications for the use of public space by the community, private businesses, property owners, event managers, and others. ◎To ensure that public spaces are used in a manner that is safe and inviting for all.◎To implement the community vision for Downtown Pascoexpressed in the adopted Master Plan.Page 6 of 170
PAINT PASCO - WORK SO FAR◎Updates to sign code to allow for murals◎Public mural funding approved◎Paint Pasco website◎Design for permanent Street Cafe outside of Pasco Specialty Kitchen◎Lewis Street design◎Clark Street bike lane design◎Lighting planPage 7 of 170
DOWNTOWN PUBLIC SPACE CODE◎Street + Public Space Use Permits○Cafe Seating + parklets○Mobile vending◎Business Licenses○Mobile vending■Food Trucks■Food Carts◎Events○Street closure○Use a park or public space◎Zoning○Food Halls○Food Truck Courts○Plaza Frontage○Relationships with public spacePage 8 of 170
PARKLETS, STREET CAFÈS, + SIDEWALK CAFÈS◎Relatively low-impact interventions that make use of excess parking spots and wide sidewalks◎Temporary or semi-permanent designs that add beauty and can reflect the unique character of the businesses who create themPage 9 of 170
STREET + SIDEWALK CAFÈS - DEFINITIONSPARKLET: The use of one or more on-street parking spaces by the city as a public space amenity.STREET CAFE: The use of one of more on-street parking spaces by an adjacent restaurant, cafe, or bar.SIDEWALK CAFE: The use of the sidewalk by an adjacent restaurant, cafe, or bar to provide additional seating to customers.Page 10 of 170
EXISTING CODE: SIDEWALK SEATING5.50.050Any food establishment licensed under this chapter and located within the C-2 zone (Central Business District) may, upon application and receiving a permit therefor, provide sidewalk seating for its customers adjacent to the licensed place of business; provided, however, the food establishment must have interior seating and the outside seating shall not exceed 25 percent of interior seats, and the outside seating shall not reduce usable sidewalk width to less than six feet. Such application shall include a drawing of the proposed sidewalk location which includes the location of the seating, the width of the sidewalk and the width of the sidewalk that will be obstructed by the outside seating. In addition the application shall include identification of the food establishment by reference to its regular Pasco business license number, assurance that the area will be kept clean, the times of day during which the outside seating will be utilized and the period of the year for which the outside seating is requested. The City Clerk shall review each such application with the City Planner and if in their opinion the public interest would not be unduly restricted or subject to unreasonable or unnecessary risk of harm or injury, the Clerk shall notify the applicant that a permit therefor will be granted, subject to the payment of an annual permit fee as set forth in Chapter 3.35 PMC and the filing of a satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. Subject to such filing a permit will be issued. [Ord. 3560 § 27, 2002; Ord. 2539 § 18, 1985; Code 1970 § 5.28.125.]◎Update section to include Parklets, Street Cafes and Sidewalk Cafes◎Outline design review requirements for each type◎Create a supplementary, graphic guidePage 11 of 170
STREET + SIDEWALK CAFÈS - ELIGIBILITY◎Businesses with frontages on sidewalks of 12 ft wide or greater eligible for sidewalk cafes◎Businesses with frontages on sidewalks less than 12 ft wide eligible for street cafePage 12 of 170
SIDEWALK CAFÈS - GUIDELINES◎Allows restaurants to offer table service on the sidewalk adjacent to their building◎If alcohol is served, 42” fence or sidewalk markers must be installed to demarcate area◎Must leave at least 6’ wide pedestrian zonePage 13 of 170
SIDEWALK CAFÈS - APPLICATIONInitial Application◎Online applicationform○Indicate whether alcohol will be sold◎Site planthat shows location and dimensions of proposed sidewalk cafe, proposed layout including seating, fence, heat lamps, etc., and dimension of adjacent pedestrian walkway○Simple, can be hand drawn◎3+ photos of surrounding areaPermit◎Proof of liability insurancenaming City of Pasco as an additional insured in the amount of $1,000,000◎Fee of approx. $500 secures 2 year permitunder pilot program◎Sidewalk cafe markersissuedPage 14 of 170
STREET CAFÈS - GUIDELINES◎Allows restaurants to offer table service in converted parking spaces◎Allowed year round (no storage requirements)○Roofs/covers, water misters, and heat lamps (with approval from Fire Marshall) can help with seasonality◎Planters, movable seating, built in seating, and lighting are permitted/encouragedPage 15 of 170
STREET CAFÈS - GUIDELINES◎20’ minimum length (one parking space)◎4’ buffers from adjacent parking spaces◎Length not to extend past building frontage◎Requires 30” fence on all the 3 sides not adjacent to sidewalk (42” if alcohol is being consumed)◎Street-grade cafes shall include ADA ramp◎Parallel and angled parking spots are eligiblePage 16 of 170
STREET CAFÈS - APPLICATIONInitial ApplicationDesign Review◎Online applicationform○# of parking spaces cafe will use○Whether alcohol will be sold◎Site planthat shows location of proposed street cafe, locations of existing street fixtures (bus shelters, tree pits, etc.) and proposed layout○Simple, can be hand drawn◎3+ photos of surrounding areaPermitConstruction documents including:◎Location and context plan◎Detailed site plan and elevation drawings◎Construction details◎Accessibility plan◎Proof of liability insurancenaming City of Pasco as an additional insured in the amount of $1,000,000◎Fee of approx. $500 secures 2 year permitunder pilot program, which covers parking fees, if any◎Street Cafe signsissued for displayPage 17 of 170
STREET + SIDEWALK CAFES - CONSIDERATIONS◎Noticing requirements○May be beneficial when Street Cafe will take up more than 2 parking spots◎City could offer pre-approved site plans and details to aid applicants◎Connection/collaboration with local makers and designers◎Wheelstops and/or flexible bollardsPage 18 of 170
Mobile Vending◎Many successful public spaces include “itinerant vendors”◎A way to showcase local foods and support small businesses without a brick and mortar location◎Should be considered an asset rather than a source of competition with Downtown businessesPage 19 of 170
MOBILE VENDORS - DEFINITIONS5.75.020: Definitions.“Itinerant vendor” shall mean any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering goods, wares, food or merchandise of any kind or description, who conducts such a business outside of a permanent structure affixed to real property. A person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer.“Mobile vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon public streets, sidewalks, alleys, or other public ways of the City.“Stationary vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon privately or publicly owned property, but not on a public street, sidewalk, alley or public way of the City. [Ord. 3560 §11, 2002; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.020.]◎Update definitions to support the goals of the Downtown Plan◎Support more fixed locations for mobile vending in Downtown such as Peanuts Park◎Reduce restrictions and barriers to mobile vending◎Supports efforts of the PSK to expand food trucks and mobile vending in Pasco Page 20 of 170
5.75.100 MOBILE VENDOR STANDARDS(1) Geographical Restrictions. No mobile vendor shall sell or vend from his or her vehicle or conveyance:(a) Within 400 feet of any public or private school grounds during the hours of regular school session, classes, or school-related events in said public or private school, except when authorized by said school; or(b) Within 300 feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business; or(c) Within 300 feet of any restaurant, cafe, or eating establishment which is open for business; or(f) Within any one block for more than one hour in any four-hour period; except this shall not apply in those situations where the mobile vendor is serving organized and sanctioned community-sponsored ball games at public parks and schools provided there is no City-approved concession in the park or at the school.(9) All mobile vendors shall conclude daily business activities at sunset. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.110.]⭗Restrictions related to distance from other restaurants/ businesses may be unnecessary⭗4 hour time limit should be lifted⭗Allowing vending at night to activate streets and promote feelings of safety and activity downtown Page 21 of 170
STATIONARY VENDORS - APPLICATION5.75.040: Application.(3) Each license application for a stationary vendor shall be accompanied with the following information to establish compliance with PMC 5.75.090 and other applicable code provisions:a)A notarized written authorization from the business owner to conduct the applicant’s business at the place so noted on the application.b)A statement explaining the method of trash and litter disposal being proposed by the vendor.c)A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information:i)The portion of the property to be occupied by the business;ii)The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area;iii)The location of driveways providing ingress and egress to the property;iv)The location of existing buildings and structures located on the property, noting the use of each building or structure so identified. [Ord. 4372 § 24, 2017; Ord. 2826 §1, 1991; Code 1970 § 5.10A.040.]◎Current online application points to state licensing process, whereas Mobile Vendors have a Pasco‐specific application◎Potential to highlight available locations via an online map◎Simplify application requirements and streamline the review processPage 22 of 170
9.100.130 COMMERCIAL ACTIVITY (PARKS)It is unlawful to sell refreshments or merchandise or service, or conduct commercial solicitations in any park, without the permission of the Director, or without a concession contract with the City. Violation of any of the provisions of this section constitutes a Class 2 civil infraction. [Ord. 4494 § 4, 2020; Ord. 3616 § 1, 2003; Code 1970 § 9.48.120.]◎Encourage vending in parks by setting up a permit process rather than requiring concession contracts◎Goal of activating public spaces, showcasing local foods and productsPage 23 of 170
EVENTSGoal of expanding the possibilities and removing unnecessary barriers, while maintaining safety◎Street closures◎Temporary sales events◎Use of public parks◎Public dancePage 24 of 170
5.35.180 STREET AND INTERSECTION CLOSURES(1) Each application for a special events permit which includes a request for a closure (or partial closure) of a street or intersection shall include the following:(d) Traffic Control Plan and Devices. The applicant shall provide a plan and such barricades, traffic cones or signs, in conformance with the most current version of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State of Washington and approved by the City Engineer, as are necessary to accomplish the proposed closure. The City does not provide or lend traffic control equipment except for City-sponsored events and closures.◎Update code for clarity ‐What types of events are encouraged? What is the purpose of offering street and intersection closure permits?◎Create diagrams that explain current MUTCD and/or offer sample Traffic Control PlansPage 25 of 170
5.35.060 TEMPORARY SPECIAL SALES EVENT(1) In addition to the application stated in PMC 5.35.050, the applicant for temporary special sales events shall include:(a) A list of the total number of vendors participating at the temporary special sales event for which the permit is sought. The list shall include the vendor’s name, address and business phone number, together with a general description of the goods and/or services offered by each vendor.(2) Each permit issued under this section shall be limited to the number of days approved for operation of the temporary special sales event for which the permit is issued. No permit shall be effective for more than 10 consecutive calendar days. [Ord. 3524 § 4, 2001; Code 1970 § 5.25.035.]◎May want to limit sales to existing Downtown businesses or to non‐profit organizations◎Requirement of complete list of vendors for event prior to receiving a permit is a potential barrierPage 26 of 170
9.100.060 USE OF PARK PROPERTY-PERMITPermits for the use of parkproperty may be issued by the Director of Administrative and Community Services for hours beyond the closing time set forth in this chapter on such terms and conditions as the Director may determine appropriate to accommodate organized recreation activities otherwise permitted on parkproperty that cannot be fully accommodated during regular hours. [Ord. 3616 § 1, 2003; Ord. 3052 § 2, 1994; Ord. 1326 § 2, 1968; Code 1970 § 9.48.046.]◎Current code lacks clear provisions for events held in parks◎Establish the community priorities and clarify the review and approval processPage 27 of 170
5.35.090 PUBLIC DANCEAny public dance, other than those conducted on the premises of a dance hall, and in addition to the application provided in PMC 5.35.050, shall:(1) Identify the date and time of the conduct of the public dance. A permit shall be required for each date and time the public dance is to be conducted and shall only be good for the place, date and time specified in the permit.(2) A security plan identifying the method and qualification for providing one security officer for each 100 persons upon the premises.(3) Description of other licensed food, beverage, or services provided on the premises.(4) A statement identifying the individual liable for the collection and payment of the City admission tax.(5) The City shall perform a criminal history check in accordance with PMC 5.65.050 for all applicants seeking a permit under this chapter. [Ord. 4022, 2011; Ord. 3524 § 4, 2001; Code 1970 § 5.25.050.]◎Requirement of criminal background check is prohibitive and specific to this usePage 28 of 170
◎Community identified lighting and safety as concerns during engagement◎Night walk audits planned with community◎Topics○Safety○Aesthetics○Art○Palette of fixtures○Wayfinding○ActivationLIGHTING PLANPage 29 of 170
STREET + SIDEWALK CAFÈS - CODE PRECEDENTS◎City of Seattle◎City of Langley◎City of MinneapolisPage 30 of 170
AGENDA REPORT
FOR: City Council September 13, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 10/10/23
FROM: Jesse Rice, Interim Director
Administrative & Community Services
SUBJECT: Resolution - Northwest Baseball Ventures I, LLC (Tri-City Dust Devils)
Lease Renewal at GESA Stadium
I. REFERENCE(S):
Resolution
Draft Lease
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Revenue: First year $35,734.34, with annual increase during lease term
IV. HISTORY AND FACTS BRIEF:
Beginning in 2008, the current agreement between the City of Pasco and NW
Baseball Ventures I, LLC (ownership entity for the Tri-City Dust Devils Baseball
Team) was established and outlines lease perimeters for GESA Stadium. This
agreement was subsequently amended and extended to December 31, 2022.
Both parties have identified a need to modernize the complete lease
agreement; however, both the COVID-19 Pandemic, along with a change in
both league and affiliation has delayed the time each party will need to discuss
a new agreement.
At the May 16, 2022 meeting, Council approved Resolution No. 4184 extending
the lease through a fourth (4th) amendment to the lease through December
2023. It is agreed, based on the Force Majeure option outlined in Section 17.16
of the lease, to extend the lease, through a fourth (4th) amendment, for an
additional year, ending on December 31, 2023.
Page 31 of 170
Council discussed this item at the August 28, 2023 Workshop meeting and
asked staff for additional details related to the annual lease payment and if the
amount was sufficient to cover related City support and operating costs.
V. DISCUSSION:
Per request of the Council, staff researched three areas of financial impact
related to the lease and overall Tri-City Dust Devil Baseball Team Franchise in
Pasco.
First was a comparison of the annual staff effort and related costs including
management, maintenance, and repair of the facility, rent reduction based on
improvements (weight room) made to the facility directly by the team, and the
proposed annual lease payment. Based on discussions with staff and a review of
services provided over the last five years, the related costs to support the
stadium have not exceeded the proposed annual lease payment including any
rent reduction for approved improvements.
Second, staff reviewed economic impact data provided by an independent
consultant regarding regional fiscal impact from the Tri-City Dust Devil Baseball
Team, which included these areas:
1. Impact from Game Spectators – $5.3M in direct community spending, 80
FTEs, and a fiscal impact of $480,000. An increase to the 66 home game
season is included in this estimation.
2. Impact from Team Operations – $1.7M in direct community spending, 26
FTEs, and a fiscal impact of $578,000. Team operations metrics were not
adjusted to reflect the impact of the increase in the number of home
games.
3. Impact from Visiting Players - $355K in direct community spending, 5
FTEs, and a fiscal impact of $42,000.
4. Impacts from Indirect and/or Induced Spending - as a byproduct of Dust
Devil activity with a fiscal impact of $5.1M.
The total estimated impact of direct and indirect/induced spending is $12.4M.
Considering the related sales tax benefit to our state, county, and city, the tax
revenues are estimated at $796K. Job creation impact is estimated at 111 FTEs.
Last, was related to the expenditures on current and future stadium
improvements, which Major League Baseball requires completion by 2025 to
maintain the Tri-City Dust Devil Baseball Team Franchise in Pasco. The City is
currently investing $1.9M to add player enhancement features including locker
rooms, cafeteria, manager and umpire office space to be completed by Spring
2024. The City also received a no-match Public Facility Improvement Fund
Grant from Washington State for $3.0M for additional improvements required by
Major League Baseball. These improvements include:
Page 32 of 170
Female locker room
24/7 video surveillance
Hitting tunnels (batting cage) expanded and covered
Outfield sod replacement
New padded outfield wall
Dugout bench expanded
Outfield batters eye expanded
Foul poles increased height
Field lighting upgrades
Based on these areas staff have determined that annual lease payment covers
current related costs, investments in stadium improvements have been matched
and exceeded by a State grant, and the Tri-City Dust Devil Baseball Team
Franchise provides both a unique opportunity to the Tri-Cities community and a
major fiscal impact to Pasco and the region.
Staff seeks additional Council comments regarding the proposed draft lease
agreement and approval to enter into the lease agreement via the attached draft
Resolution.
Previous Discussion
City Northwest from representatives with its completed staff negotiations
Baseball Ventures I, LLC, and the draft lease agreement is attached for Council
review. The draft lease agreement includes updated language to meet the
alignment with Major League Baseball's requirement for Professional Development
League licensing of Northwest Baseball Ventures I LLC's, Tri-Cities Dust Devils.
The lease agreement includes an initial term of 10 years, with one 10-year
renewal the Rent annual following includes option. lease initial The term
payments due to the City.
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
1/1/29 to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32 $39,082.13
1/1/33 to 12/31/33 $39,472.95
Page 33 of 170
The lease terms also include Additional Rent be paid to the City for each Lease
Year (beginning with the Lease Year commencing January 1, 2024) of five
percent (5%) of all base ticket revenues associated with the use and operation of
the Premises by Tenant, in excess of $900,000.
Staff seeks Council's comments regarding the proposed draft lease agreement.
Upon Council approval staff seeks permission to enter into the lease agreement
via the attached Resolution.
Page 34 of 170
Resolution – 2024 GESA Stadium Lease - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A 10-YEAR LEASE
BETWEEN NORTHWEST BASEBALL VENTURES I, LLC AND THE CITY
OF PASCO FOR GESA STADIUM.
WHEREAS, the City of Pasco (City) entered into a Lease with Northwest Baseball
Ventures I, LLC, at GESA Stadium, the “Premises,” dated January 1, 2008, and terminating the
term of the Lease to December 31, 2017; and
WHEREAS, a first amendment was executed to the Premises Lease on June 2, 2008,
amending certain terms of the Lease Agreement; and
WHEREAS, a second amendment to the Premises Lease was executed on January 22,
2015, amending the annual rent fees; and
WHEREAS, a third amendment to the Premises Lease was executed on December 22,
2016, extending the Lease term for another five years to expire on December 31, 2022; and
WHEREAS, a fourth amendment was approved by Resolution No. 4184 to extend the
Lease through December 31, 2023; and
WHEREAS, the City and the Northwest Baseball Ventures I, LLC staff have completed
negotiations on a new 10-year Lease, with one 10-year Lease extension option.
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into a lease with
Northwest Baseball Ventures I, LLC for GESA Stadium.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions of
the new GESA Stadium Lease between Northwest Baseball Ventures I, LLC and the City of Pasco;
a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Lease on behalf of the City of Pasco; and to
make minor substantive changes necessary to execute the Lease.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 35 of 170
Resolution – 2024 GESA Stadium Lease - 2
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law, on this ___ day of _____________, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 36 of 170
-1-
MLB Comments 7/19/23
Formatted: Tab stops: Not at 3.25"
BASEBALL STADIUM LEASE
THIS BASEBALL STADIUM LEASE ("Lease") is made and entered into this _____ of
____________, 2023, by and between the CITY OF PASCO, a Washington municipal corporation
("City''), and NORTHWEST BASEBALL VENTURES I LLC, a Washington limited liability
company (the "Tenant").
RECITALS:
City owns certain real property in Franklin County, Washington, legally described in Exhibit A
attached hereto (the "Property"), upon which City has constructed a baseball stadium and related
improvements (the "Baseball Stadium"). Tenant desires to lease from City, and City agrees to
lease to Tenant, the Property and Baseball Stadium (collectively the "Premises") on the terms and
conditions set forth herein. This Lease is intended to supersede and replace in its entirety that
certain Baseball Stadium Lease entered into by City and Tenant dated January 14, 2008 (the "2008
Lease") and subsequent amendments thereto. By executing this Lease, City and Tenant agree that
the 2008 Lease shall be terminated effective _____________.
NOW, THEREFORE, City and Tenant hereby agree:
I. BALLPARK LEASE AND CONSTRUCTION GUIDELINES
City leases to Tenant and Tenant leases from City, in accordance with the terms hereof, the
Premises (including the Baseball Stadium located thereon).
A. Tenant acknowledges that the City is a public entity and is subject to the Public
Records Act, RCW 42.56, and further, that the terms of this agreement are
subordinate to those provisions and confidential information given to the City is
potentially subject to disclosure upon request. The City will make its best efforts
to avoid unnecessary disclosure but will fully comply with the provisions of RCW
42.56 or other laws as applicable, and further, will attempt to provide enough
advance notice to MLB PDL and Tenant of a request for public records related to
this Lease so as to allow an opportunity for MLB PDL and the Tenant to seek a
protective order. The City will not be liable for any damages to MLB PDL and
the Tenant as a result of the City’s reasonable efforts to comply with RCW 42.56
or other applicable laws.
B. Any contrary provisions contained herein notwithstanding:
a. This Lease and any rights granted to City or Tenant
hereunder shall in all respects be subordinate to the PDL
Rules and Regulations, as long as Tenant is party to the Tri
City Dust Devils PDL License Agreement that is in effect.
Page 37 of 170
-2-
MLB Comments 7/19/23
Formatted: Tab stops: Not at 3.25"
The issuance, entering into, amendment or implementation
of any of the PDL Rules and Regulations shall be at no cost
or liability to any MLB PDL Entity or to any individual or
entity related thereto, or to City. The territory within which
City is granted rights under this Lease is limited to, and
nothing herein shall be construed as conferring on City rights
in areas outside of, the PDL Club Marketing Territory (as
defined in the Tri City Dust Devils PDL License
Agreement). No rights, exclusivities or obligations
involving the Internet or any interactive or on-line media (as
defined in the applicable PDL Rules and Regulations) are
conferred by this Lease, except as are specifically approved
in writing by MLB PDL.
b. City agrees that if the date upon which any termination or
suspension of this Lease falls during the regular season or
postseason, the effective date of such termination or
suspension shall be the first day of the month following the
final home game of such season, and, in no event, shall City
terminate or suspend Tenant’s rights under this Lease during
any regular season or postseason.
c. If, at any time prior to the expiration of the term of this
Lease, this Lease is terminated by City for any reason (and
any legal action challenging the right of City to terminate
this Lease and seeking specific performance has either been
(i) finally adjudicated by a court of competent jurisdiction as
evidenced by a final non- appealable order or (ii) settled,
withdrawn or otherwise concluded, in either case solely with
respect to the request for specific performance) and the Tri
City Dust Devils PDL License Agreement has been
terminated, City agrees to offer to assign this Lease to any
replacement PDL Club identified by MLB PDL to the extent
that such PDL Club is reasonably acceptable to City. To the
extent that this Lease is not so assigned, City agrees to meet
promptly with MLB PDL to work together to ascertain
whether a replacement PDL Club can be identified, and if
such a PDL Club is so identified, City shall offer to lease the
Premises to such PDL Club.
d. As long as Tenant is party to the Tri City Dust Devils PDL
License Agreement that is in effect, MLB PDL is an
intended third party beneficiary of the provisions of this
Section I and each other provision in this Lease that prohibits
action without first obtaining PDL Approval and, in addition
to its right to waive or enforce the provisions of this Section
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I, MLB PDL shall be entitled and have the right to waive or
enforce such other provisions that prohibit action without
first obtaining PDL Approval directly against any party
hereto (or their successors and permitted assigns) to the
extent that any such other provision is for the explicit benefit
of MLB PDL or any other MLB PDL Entity.
e. Neither MLB PDL nor any other MLB PDL Entity shall
have any liability whatsoever to any Person for actions
taken pursuant to this Section I (other than for fraudulent
acts or willful misconduct with respect to this Section I by
MLB PDL), and City hereby releases MLB PDL and each
other MLB PDL Entity from any and all claims arising out
of or in connection with any such actions. Nothing
contained in this Lease shall create any duty on behalf of
MLB PDL or any other MLB PDL Entity to any other
Person.
II. DEFINED TERMS.
“Club” means the professional baseball club currently known as the Tri City Dust Devils.
“Commissioner” means the Commissioner of Baseball as elected under the Major League
Constitution or, in the absence of a Commissioner, any Person or body succeeding to the powers
and duties of the Commissioner pursuant to the Major League Constitution.
“Major League Baseball” or “MLB” means, depending on the context, any or all of (a) the Office
of the Commissioner of Baseball, each other MLB PDL Entity and/or all boards and committees
thereof and/or (b) the Major League Clubs acting collectively.
“Major League Baseball Club” or “Major League Club” means any professional baseball club that
is entitled to the benefits, and bound by the terms, of the Major League Constitution.
“Major League Constitution” means the Major League Constitution adopted by the Major League
Clubs as the same may be amended, supplemented or otherwise modified from time to time in the
manner provided therein and all replacement or successor agreements that may in the future be
entered into by the Major League Clubs.
“MLB PDL” means, depending on the context, any or all of (i) MLB Professional Development
Leagues, LLC, a Delaware limited liability company, and/or (ii) the boards, committees and
subcommittees related thereto.
“MLB PDL Entity” means each of MLB PDL, the Office of the Commissioner of Baseball, MLB
Advanced Media, L.P. and/or any of their respective present or future affiliates, assigns or
successors.
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“PDL Approval” means, any approval, consent or no-objection letter required to be obtained from
MLB PDL or any other MLB PDL Entity pursuant to the PDL Rules and Regulations.
“PDL Club” means a professional baseball club participating in the Professional Development
League System pursuant to a player development license agreement between the owner of such
club and MLB PDL pursuant to which such owner has been granted the right to participate in the
Professional Development League System.
"PDL Facility Standards” means the facility standards required by MLB PDL with respect to the
condition, design, maintenance, operation and upkeep of the Baseball Stadium’s physical facilities
(including the playing field) as set forth in the PDL Rules and Regulations and as may be amended or
modified from time to time.
“PDL Governance Agreement” means that certain Professional Development Leagues
Governance Agreement, effective as of February 12, 2021 by and between MLB PDL and each
Club, as may be amended, modified, supplemented or restated from time to time.
“PDL Governing Documents” means the following documents as in effect from time to time and
any amendments, supplements or other modifications thereto and all replacement or successor
documents thereto that may in the future be entered into: (i) the Major League Constitution, (ii)
the Major League Rules (and all attachments thereto), (iii) the PDL Operating Guidelines, (iv) the
PDL Governance Agreement and (v) the PDL License Agreements.
“PDL License Agreement” means each player development license agreement entered into
between a PDL Club and MLB PDL pursuant to which such PDL Club has been granted the right
to participate in the Professional Development League System, including, without limitation, the
Tri City Dust Devils PDL License Agreement.
“PDL Rules and Regulations” means (i) the PDL Governing Documents, (ii) any present or future
agreements or arrangements entered into by, or on behalf of, MLB PDL or any other MLB PDL
Entity or the Major League Clubs acting collectively that are specifically related to or generally
applicable to the Professional Development League System or the PDL Clubs, including, without
limitation, agreements or arrangements entered into pursuant to the PDL Governing Documents,
and (iii) the present and future mandates, rules, regulations, policies, practices, bulletins, by-laws,
directives or guidelines issued or adopted by, or on behalf of, the Commissioner, MLB PDL or
any other MLB PDL Entity as in effect from time to time that are specifically related to or generally
applicable to the Professional Development League System or one or more of the PDL Clubs.
“Professional Development League System” means a system of professional baseball leagues
comprised of professional baseball clubs that compete at different levels and serve to assist with
the development of players for Major League Baseball Clubs.
“Tri City Dust Devils PDL License Agreement” means that certain player development license
agreement entered into between Tri-City Dust Devils and MLB PDL pursuant to which the Club
has been granted the right to participate in the Professional Development League System.
III. USES
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A Uses.
1. Use. Subject to Section III.A.3, Tenant shall have the exclusive and
unrestricted right to use and operate the Premises for any baseball or non-
baseball events that Tenant sponsors or that Tenant allows third parties to
sponsor. Tenant shall operate the Premises in a sound and professional
manner. The Premises shall be a public facility, and the seating, parking,
concession stands, restroom facilities, and other specified areas thereof shall
be open to the public, subject to reasonable admission fees and other
reasonable restrictions. Notwithstanding the foregoing, Tenant may not use
the Premises, or permit any other person or entity to use the Premises, for
any improper, immoral or unlawful purpose, for a use or purpose
inconsistent with applicable zoning or the primary use of the Premises for
professional baseball purposes, or for any use that would constitute a public
or private nuisance or would make void or voidable any insurance then in
force with respect to the Premises. Tenant also may not use the Premises,
or permit any other person to use the Premises, for flea markets, bazaars, or
similar events for the sale of used or second-hand items.
2. Baseball Equipment. This Lease includes the right of Tenant to use at the
Premises the baseball equipment identified in Exhibit B attached hereto (the
“Equipment"). City makes no warranty or representation concerning the
condition of such Equipment. Tenant agrees to maintain such Equipment in
good working condition (reasonable wear and tear excepted) and to replace
items of Equipment as reasonably necessary. Upon the expiration of the
Term (as defined below) of this Lease all items of Equipment, including
replacements thereof, shall belong to City, provided that with respect to
replacements that are less than two (2) years old as of the date of expiration
of the Lease, such replacements shall become the property of the City only
if the City reimburses Tenant for the unamortized cost incurred by Tenant
to purchase such replacements, based upon an amortization period of the
lesser of sixty (60) months or the useful life of such replacements.
3. Other Uses. Subject to the scheduling provisions set forth in this Lease and
the PDL Rules and Regulations, City shall have the right to use the Premises
for up to five (5) community events sponsored by City (each a "Community
Event") per calendar year during the Term, including a 4th of July fireworks
display. Each day of a multi-day Community Event shall count as one
Community Event. Tenant shall, subject to the PDL Rules and Regulations,
allow community baseball events and baseball events sponsored by local
colleges and universities to take place in the Baseball Stadium at the lowest
reasonable rental rate possible, and subject to the availability of the
Baseball Stadium. Such baseball events shall not be deemed Community
Events. Non-baseball events sponsored by Tenant or by third parties and
Community Events shall, collectively, be "Other Events." Tenant shall
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operate the Baseball Stadium during Community Events and City shall
reimburse Tenant for Tenant's reasonable actual out-of-pocket cost of
operating the Baseball Stadium during such events, including utility costs.
B. Exclusive Rights. Tenant shall have the exclusive right during the Term to do the
following:
1. To use the Premises (including the locker rooms) for professional baseball
purposes and to conduct Other Events permitted by this Lease;
2. To allow third party sponsors to use the Premises to conduct Other Events
permitted by this Lease;
3. To use the baseball team office located within the Premises.
4. To use the storage facilities dedicated to the baseball team and its equipment;
5. To solicit advertisement to be located on the interior walls of the Baseball
Stadium, including without limitation, those to be located on the scoreboard,
and to solicit advertisements to be located on that portion of the exterior walls
of the Baseball Stadium, other than above the concourse area, without City’s
prior consent. Advertisements that occur inside or on the exterior walls of
the Stadium may not include or connote adult content, firearms or tobacco.
City may place signage within the Baseball Stadium announcing upcoming
City functions and events with Tenant’s prior consent, which consent shall
not be unreasonably withheld.
6. To direct all aspects of the operation, management and control of the
Premises, except as expressly set forth in this Lease;
7. To sell food, drink and souvenir concessions (collectively "Concessions")
to patrons of the Premises during baseball games or Other Events, subject
to the provisions contained in Section IX below, and to retain all revenues
therefrom; and
8. To use the press box area during baseball games, and during all Other
Events sponsored by Tenant or third parties taking place within the Baseball
Stadium. Public address equipment provided by Tenant shall be available
for the use by City for Community Events, provided such public address
equipment is operated by an employee or designee of Tenant or an
employee or designee of City trained to use such equipment and approved
by Tenant (such approval not to be unreasonably withheld). If the public
address equipment is operated by an employee or designee of Tenant for a
Community Event, City shall reimburse Tenant for the reasonable actual
costs to make such employee or designee available to operate such
equipment.
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C. Scheduling. On or before September 1st of each calendar year, beginning
September 1, 2023 City shall deliver to Tenant a schedule of the soccer tournaments
to be held during the next calendar year in the playing fields adjacent to the Baseball
Stadium. Tenant shall use its best efforts to prevent the Northwest League (the
"Northwest League") from scheduling a Minor League Baseball game in the
Baseball Stadium on a date that a soccer tournament will be held in the playing
fields adjacent to the Baseball Stadium. If a Minor League Baseball game is
scheduled in the Baseball Stadium on the date of a soccer tournament, Tenant shall
schedule such baseball game as a night game. To the extent that the Northwest
League schedule for the next calendar year has not already been set, Tenant shall
request that MLB PDL not schedule Tenant home games on a date that a soccer
tournament will be held in the playing fields adjacent to the Baseball Stadium. If a
Minor League Baseball game is scheduled on the date of a soccer tournament,
Tenant will request that such baseball game be a night game. City shall submit a
request to Tenant to use the Baseball Stadium for a Community Event at least thirty
(30) days before the proposed date of the Community Event, Tenant shall make
reasonable efforts to accommodate City's scheduling requests for Community
Events. Tenant shall also make reasonable efforts to accommodate other soccer
tournaments in the playing fields adjacent to the Baseball Stadium (in addition to
those designated under the first sentence of this Section) if requested by City.
In addition to the foregoing, Tenant shall request that MLB PDL not schedule a
baseball Minor League Baseball game at the Baseball Stadiumor Other Event on
the 4th of July. To the extent that no Minor League Baseball game is scheduled at
the Baseball Stadium on the 4th of July, , and the Baseball Stadium shall be
reserved for the City's 4th of July fireworks display and no Other Event shall be
scheduled by Tenant on such date. To the extent that a Minor League Baseball
game is scheduled at the Baseball Stadium on the 4th of July, Tenant shall request
that such baseball game be a day game.
IV. TERM.
A. Term. The term of this Lease shall commence on ___________ (the "Effective
Date"), and shall expire on December 31, 2033, unless extended pursuant to
Section IV.B below (the "Initial Term").
B. Extension Option. Tenant shall have one (1) option to extend the Initial Term for
ten (10) years, subject to the terms provided herein (the "Extension Term"). The
Extension Term together with the Initial Term are referred collectively as the
"Term".
1. If, at the time of exercise, Tenant has performed all Tenant's covenants and
is not in default under any of the terms of the Lease beyond any applicable
cure period, then Tenant, on giving written notice to City not earlier than
twenty-four (24) months, and not later than eighteen (18) months prior to
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the last day of the Initial Term of the Lease, shall have the right to extend
the Initial Term of the Lease for an additional term of ten (10) years upon
the same terms and conditions as contained in the Lease, except for the Rent.
The Extension Term shall commence on the day immediately succeeding
the last day of the Initial Term of the Lease and shall end at midnight on the
day immediately preceding the tenth anniversary of the first day of the
extended term unless sooner terminated in accordance with the provisions
of the Lease. The Rent during the Extension Term shall be mutually agreed
upon between City and Tenant no later than twelve (12) months prior to the
last day of the Initial Term of the Lease. If City and Tenant have not
mutually agreed on the Rent at least twelve (12) months prior to the last day
of the Initial Term, then the exercise of the extension option shall be deemed
to be ineffective, and this Lease shall automatically terminate on the last
day of the Initial Term.
V. RENT, ADDITIONAL PAYMENTS.
A. Rent. Tenant agrees to pay annual rent in the following amounts ("Rent"):
Period Annual Rent Annual Rent
From the Effective Date to 12/31/23 $35,734.35
1/1/24 to 12/31/24 $36,091.69
1/1/25 to 12/31/25 $36,452.61
1/1/26 to 12/31/26 $36,817.14
1/1/27 to 12/31/27 $37,185.31
1/1/28 to 12/31/28 $37,557.16
l/1/29 to 12/31/29 $37,932.73
1/1/30 to 12/31/30 $38,312.06
1/1/31 to 12/31/31 $38,695.18
1/1/32 to 12/31/32
1/1/33 to 12/31/33
$39,082.13
$39,472.95
Rent shall be paid to City at 525 North 3rd Avenue, Pasco, Washington 99301,
Attention: City Treasurer ("City's Address"). Tenant shall pay Rent in a lump sum
annually on or before June 15 of each calendar year during the Term. Tenant shall
pay a late service charge on all past due rent at the rate of five percent (5%) per
month, but in no event higher than the legal limit. The Rent specified in this Section
V.A includes the leasehold excise tax which is payable in accordance with Chapter
82.29A RCW (the Leasehold Tax"). Tenant shall pay the Rent to City, and City
will forward to the State of Washington as required by law that portion of the Rent
which is allocable to the Leasehold Tax.
If City raises the admission tax on tickets to view events in the Baseball Stadium
above two and one-half percent (2.5%), the Rent set forth above shall be reduced
on a dollar-for-dollar basis for each year the dollar amount of admission taxes
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collected by Tenant for such year in excess of 2.5% of the price of each ticket sold.
In the event Tenant has already paid Rent, City shall refund to Tenant a portion of
the Rent overpaid as a result of the application of this provision.
B. Additional Rent.
1. Tenant shall pay City as additional rent ("Additional Rent") for each Lease
Year (beginning with the Lease Year commencing January 1, 2024) five
percent (5%) of all base ticket revenues associated with the use and
operation of the Premises by Tenant, in excess of $900,000. "Base ticket
revenues" shall mean the base ticket revenues for all paid tickets to attend
and/or view events sponsored by Tenant. Base ticket revenues shall be the
actual revenues generated by all ticket sales, exclusive of (i) revenues to pay
admission taxes; (ii) trade and complementary tickets; and (iii) the MLB
ticket tax as set forth in Schedule 2 attached heretothe Annual Fee, as
defined in the Tri City Dust Devils PDL License Agreement. The sum of
(i), (ii), and (iii) under this Section IV(B)(1) shall not exceed 10% of base
ticket revenues hereunder. If Tenant packages tickets with other goods
and/or services (e.g., hot dogs, soft drinks, etc.), base ticket revenues shall
be calculated only on that portion of revenues reasonably allocated to the
tickets to view the event, which will in no case be less than fifty percent
(50%) of the face value of the ticket. If Tenant sells tickets at a discount
from their face value, base ticket revenues shall be calculated from the
discounted price of such tickets. Ticket revenues based on season or
advanced ticket sales shall be deemed "collected" by Tenant for purposes
of determining Additional Rent on the respective dates that events covered
by such tickets actually occur. No Additional Rent shall be payable for
Community Events or "free" events if Tenant is merely reimbursed its
reasonable costs to make the Premises available for such event. For
purposes of calculating Additional Rent, a Lease Year shall be the 12-month
period from January 1 to the next December 31.
2. With respect to Other Events at the Premises sponsored by a third party,
Tenant shall pay City as Additional Rent ten percent (10%) of the net
sublease/license fees paid to Tenant by the third party to use the Baseball
Stadium for such Other Event. Net sublease/license fees shall be the
sublease/license fees paid to the Tenant with respect to such Other Event,
less the reasonable and actual costs and expenses incurred by Tenant with
respect to such Other Event.
3. On or before November 1, of each year, Tenant shall remit to City a
summary events reconciliation statement for the year to date and including
the entire baseball season. The reconciliation statement shall set forth ticket
sales for all events sponsored by Tenant and net sublease/license fees paid
to Tenant by third parties during such year to date. If as a result of such
statement Additional Rent is due, such Additional Rent shall be paid
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simultaneously with the delivery of such statement. If Tenant or a third-
party sponsors Other Events in such year after the effective date of the
reconciliation statement, then within ten (10) days after such Other Event,
Tenant shall remit to City a reconciliation statement for such Other Event
and pay any Additional Rent (if any) due as a result of such Other Event.
4. Tenant shall maintain documentation and records verifying the ticket sales
for each event held within the Baseball Stadium sponsored by Tenant and
net sublease/license fees for each event held within the Baseball Stadium
sponsored by a third party for a period of two (2) years after the date of such
event. Upon written request by City, Tenant shall make such documentation
reasonably available for an audit by City, or its duly authorized
representatives, to verify the accuracy of the Additional Payments remitted
by Tenant.
5. If the Additional Rent is included in contract rent for purposes of calculating
the Leasehold Tax, City shall pay such Leasehold Tax, including all
applicable penalties and interest thereon, from the Additional Rent remitted
by Tenant and the Additional Rent shall be deemed to have been reduced
by the amount of such Leasehold Tax.
6. Tenant shall include in all written agreements with third parties that sponsor
Other Events, the right of City to audit such third parties' records regarding
payment of sublease/license fees.
VI. UTILITIES.
A. Utilities.
1. Utility Charges. Tenant shall pay or cause to be paid when due, and shall
indemnify, protect and hold harmless City and the Premises from all charges
for public or private utility services to the Premises during the Term,
including without limiting the generality of the foregoing, all charges for
heat, light, electricity, potable water, gas, telephone service, garbage
collection and sewer and drainage service. Notwithstanding the foregoing,
the City shall provide un-metered irrigation water to Tenant at no cost to
Tenant.
2. Interruptions of Utility Services. City shall not be liable to Tenant in
damages or otherwise (i) if any utility shall become unavailable from any
entity (including City) supplying or distributing such utility, or (ii) for any
interruption in any utility service (including, without limitation, any
heating, air-conditioning or sprinkler) caused by the making of any
necessary repairs or improvements or by any cause, and the same shall not
constitute a termination of this Lease or an eviction of Tenant. If any utility
service, used at the Premises and for which City is responsible, shall be
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interrupted, City shall restore such utility service as soon as practical.
VII. CONDITION OF PREMISES; IMPROVEMENTS.
A. Current Condition. Tenant agrees to accept the Premises and Baseball Stadium in
its current "as is, where is" condition. Tenant acknowledges the opportunity prior
to its execution of this Lease to conduct a thorough inspection of the Premises.
B. Air Conditioning. The air conditioning, previously installed by Tenant in the
"home team" clubhouse/locker room, is part of the Premises, and during the Term
shall be maintained by Tenant at Tenant's cost. Upon expiration or earlier
termination of this Lease, the air conditioning equipment shall become the property
of City, without additional cost or expense to City.
C. City and Tenant agree to work together with the understanding that the Baseball
Stadium become MLB compliantcompliant with all the PDL Facility Standards by
April 2025March 2024.
D. Tenant will invest up to at least $330,000 for the construction of a new climate-
controlled weight room at the Baseball Stadium. The building will become the
property of City. The City will issue Tenant a $16,500 credit against the base rent
for each year of the Initial Term of Lease in Tenant’s efforts of with respect to
making the Baseball Stadium MLB compliantbringing the Baseball Stadium into
compliance with the PDL Facility Standards.
E. If there are any additional improvements (not otherwise contemplated in Subsection
VII.D above) required to bring the Baseball Stadium into compliance with the PDL
Facility Standards, the City will issue Tenant a yearly rent credit equal to fifty (50)
percent of the invoice cost of the improvement(s) and: 1) to be amortized over the
remaining term of this Lease (excluding the partial year of the improvement); and
2) not to exceed $10,000 per year in total rent credits under this Subsection VII.E.
The improvement(s) will become property of City. By way of example, if an
improvement is required under this Subsection VII.E at an invoice cost of $96,000,
and there are 6 years remaining on this Lease (excluding the partial year of the
improvement), the City will issue Tenant a rent credit equal to $8,000 per year for
the remainder of this Lease calculated as follows: [$96,000 X 50% = $48,000;
$48,000/6 years = $8,000 rent credit per year]. If there are subsequent additional
improvements needed under this Subsection VII.E costing $48,000 (with 4 years
remaining on this Lease), the City will issue Tenant a total rent credit of $10,000
per year for the remaining 4 years of this Lease because the annual rent credit under
this Subsection VII.E is capped at $10,000 per year.
VIII. REPAIRS AND MAINTENANCE.
A. City Obligation. City shall, at its own cost and expense, maintain and repair all
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structural portions of the Premises in a good and safe condition during the Term,
reasonable wear and tear excepted, promptly after City is made aware of the need
for such structural maintenance and/or repair. Structural portions of the Premises
shall include, without limitation, all sidewalks and the roof, structural walls,
structural members (including structural elements of the light poles, scoreboard
and outfield fence), floor slabs and foundation of the Baseball Stadium and
plumbing and electrical repairs that require alteration of floor slabs, foundations,
roof or exterior walls. If governmental laws, rules, regulation or ordinances
("Applicable Laws") change such that the Premises no longer complies with
Applicable Laws and can no longer be used for its intended purposes without repair
or improvements, the City shall have the first option to alter or repair the Premises
to bring it into compliance with Applicable Laws. If City does not bring the
Premises into compliance with Applicable Laws within a reasonable period of time,
Tenant shall have the right, but not the obligation, to make the alterations or repairs
necessary to bring the Premises into compliance with Applicable Laws. If neither
City nor Tenant elect to bring the Premises into compliance with Applicable Laws,
Tenant may terminate this Lease in its sole discretion. The foregoing shall only
apply to changes required to be made to the Premises in order to comply with
Applicable Laws so that the Premises can continue to be used for its intended
purposes and does not apply under circumstances where the Premises becomes a
nonconforming structure, but for which changes are not required for the continued
use of the Premises.
B. Tenant Obligations.
1. Tenant shall be responsible, at its own cost and expense, for the routine
maintenance and upkeep and routine nonstructural repairs of the Premises
during the Term, including interior walls, ceilings, doors, windows, light
fixtures, switches, wiring and plumbing not the responsibility of City under
Section VIII.A above, and heating and air conditioning systems and
equipment. Tenant shall also be responsible for the cost of cleaning the
Premises and the cost of cleaning supplies and other routine supplies
required to operate the Premises, all in accordance with customary
standards for similar facilities and prudent maintenance practices.
2. Notwithstanding the foregoing, City shall be responsible for all routine
maintenance and repair of the Premises required by or arising from use of
the Premises for Community Events. City shall fulfill its maintenance
and repair obligations under this Section VIII.B immediately after use of
the Premises for Community Events.
3. Tenant shall also be responsible for garbage disposal and other cleaning of
the Premises and Parking Areas (as defined below) following each game or
Other Event sponsored by Tenant or a third party, and for payment of all
expenses of staff and services for each game or Other Event sponsored by
Tenant or a third party, including without limitation parking attendants,
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security officers, ticket salespeople and attendants, ushers, and, if
applicable, medical personnel and vehicles. Tenant shall also be responsible
for maintaining the baseball team office and locker rooms while Tenant is
entitled to the exclusive use thereof. Tenant will permit no waste, damage
or injury to the Premises. At the expiration or sooner termination of this
Lease, Tenant will quit and surrender the Premises in a neat and clean
condition (reasonable wear and tear excepted) and will deliver up all keys
belonging to the Premises to City, or City's agent. Should Tenant fail to
tender possession of the Premises to City as provided herein, City shall have
the right to perform the work necessary to put the Premises in a neat and
clean condition (reasonable wear and tear excepted), at Tenant's expense,
and Tenant agrees to reimburse City for the costs to do so.
4. Tenant shall not damage or deface the Premises, nor shall Tenant allow its
guests and invitees to damage or deface the Premises. Tenant and Tenant's
guests and invitees shall not do anything which may injure the buildings or
other improvements or be a nuisance or menace. All deliveries of supplies
and material to the Premises shall be made at such hours and in accordance
with such rules as City may reasonably prescribe. Tenant will not permit an
accumulation of boxes, waste, or other refuse matter. Trash and garbage
shall be stored, until disposed, within areas designated by City for such
purposes.
5. In addition, Tenant agrees as follows:
(i) Care of Plumbing Facilities. Plumbing facilities shall not be used for
any other purpose than that for which they were constructed.
(ii) Cleaning of Kitchens. Tenant shall have the Concessions ventilation
equipment cleaned at least every six (6) months, and Tenant upon request
shall provide City with evidence that the work has been done for the most
recent period.
(iii) Odors. Tenant shall not permit the emission of offensive odors from
the Premises or allow permeation through interior or exterior walls.
(iv) Tenant To Pay For Violation. The expense of any breakage,
stoppage or damage resulting from a violation of this Section VIII.B shall
be borne by Tenant.
(v) City May Demand Repairs. If City reasonably deems necessary any
repairs required to be made by Tenant, it may demand that Tenant make the
same forthwith, and if Tenant refuses or neglects to commence such repairs
and complete the same with reasonable dispatch, City may make or cause
such repairs to be made and Tenant agrees, forthwith, on demand, to pay to
City the cost thereof with interest at the maximum rate permitted by law at
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the time City incurs said cost of repairs.
C. Plumbing System Winterization. Notwithstanding the other provisions of this
Lease, the City shall be responsible for the work associated with draining and
winterizing the plumbing system of the Premises each year (either using a third
party plumber or using City staff based upon protocols established by plumbing
professionals). City will make all reasonable efforts to provide irrigation water as
soon as possible at the beginning of each year.
D. Baseball Field/Grass Maintenance.
1. Tenant shall be responsible at its sole cost and expense for the year-round
maintenance, upkeep, repair and care of the baseball field and the other
grass areas of the Baseball Stadium, including the preparation and
maintenance of the playing field before, during and after each game or Other
Event sponsored by Tenant. Such upkeep and maintenance shall include
fertilizing, mowing, aeration, irrigation and all other matters associated with
the maintenance of the playing field and other grass areas. All such upkeep
and maintenance shall be in accordance with the standards and
specifications attached hereto as Exhibit E, or otherwise directed by City.
Tenant shall also be responsible at its sole cost and expense for all fertilizer
and other supplies required for the upkeep and maintenance of the playing
field and other grass areas of the Baseball Stadium.
2. If Tenant fails to maintain the playing field and the other grass areas of
the Baseball Stadium as herein required, City shall have the right to do
so, at Tenant's expense, and Tenant agrees to reimburse City for the
costs to do so.
3. Tenant shall also have the exclusive right to use a portion of the
maintenance facility just beyond the left field outfield fence of the
Baseball Stadium for the storage of maintenance equipment and other
uses associated with the maintenance of the baseball field and other grass
areas of the Baseball Stadium.
IX. CONCESSIONS.
A. Concessions. Except as otherwise set forth herein, Tenant shall have the
exclusive right, during baseball games and Other Events held in the Baseball
Stadium, subject to the provisions set forth below, to sell Concessions in the
Premises and in the Parking Areas (as defined below) and to retain all revenues
therefrom. Such right may be exercised by Tenant directly or through a
sublicensee.
1. Concession Equipment. Tenant shall supply at its own expense and in
its sole discretion all equipment, fixtures and supplies, and all staff and
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other persons required or necessary to provide Concessions to patrons
of the Premises.
2. Tenant to Use Adequate Electrical Equipment. If Tenant supplies any
concessions electrical equipment that overloads the electrical lines in the
Premises, Tenant shall at its own expense (but only with the prior
consent of City) make whatever changes are necessary to meet the
electrical requirements consistent with the requirements of the insurance
underwriters and governmental authorities having jurisdiction.
3. Liquor License. City shall not object to or interfere with the efforts of
Tenant or its sublicensee to secure a permit to sell alcoholic beverages
as one of the Concessions sold inside the Baseball Stadium.
B. Concession Services. Tenant or its sublicensee shall operate and supply
Concessions and concession services during baseball games and Other Events
sponsored by Tenant or third parties on such terms and conditions as Tenant
deems appropriate. Tenant shall also provide concession services for Other
Events not sponsored by Tenant (including Community Events) at levels and
with staffing as reasonably necessary to provide appropriate concession service
given the nature of the event and the expected attendance.
If Concessions are not provided by Tenant at appropriate levels for Community
Events or Other Events not sponsored by Tenant, then City may permit another
entity to sell Concessions from portable concession stands brought into the
Premises for such purposes. Any costs incurred or revenues received by City
under this Section IX(B) shall belong to City.
X. PARKING.
A. Generally. Adjacent to the Premises is an area for vehicle parking containing
approximately 1000 parking spaces and depicted on the map attached hereto
as Exhibit F (the "Parking Area") City hereby grants Tenant a non-exclusive
license to use the Parking Area on the terms set forth below.
1. Throughout the Term of this Lease, (i) Tenant shall have the exclusive
right to control, use and operate the Parking Area for baseball games and
Other Events sponsored by Tenant or third parties at the Premises and
(ii) City shall have the exclusive right to control, use and operate the
Parking Area for Community Events and for soccer tournaments played
at the adjacent playfields. Tenant shall be entitled to retain all parking
revenue generated during periods when Tenant controls and operates the
Parking Area, and City shall be entitled to retain all parking revenues
generated during periods when City controls and operates the Parking
Area. Tenant shall provide parking attendants to operate the Parking
Area for baseball games and Other Events sponsored by Tenant and City
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shall provide parking attendants to operate the Parking Area for
Community Events and for events at the adjacent playfields. Tenant
shall be responsible at its sole cost to clean the Parking Area after
baseball games and Other Events sponsored by Tenant. City shall be
responsible, at its sole cost, to clean the Parking Area after Community
Events and soccer tournament held at the adjacent playfields.
2. If an evening night Minor League Baseballbaseball game is scheduled
on the same date as a soccer tournament: (i) Tenant and City shall work
together to accommodate each other’s needs for use of the Parking Area,
including an agreement on when control of the Parking Area will change
from City to Tenant; and (ii) Tenant shall honor the parking privileges
of soccer tournament spectators that have paid City to use the Parking
Area. During such times, Tenant and City shall cooperate in good faith
to manage the Parking Area so that Tenant receives all parking revenue
associated with the baseball game and City receives all parking revenues
associated with the soccer tournament being conducted at the adjacent
playfields, and with Tenant providing the parking attendants to operate
the Parking Area immediately prior to and during title baseball game.
XI. ESTOPPEL. Within fifteen (15) days of presentation, Tenant shall execute,
acknowledge, and deliver to City, at no expense to City, any estoppel certificate
requested by City, certifying in writing, if such shall be true, that Tenant shall be in
occupancy, that this Lease is in full force and effect, specifying the dates to which the
rent and other charges shall have been paid, and stating that there have been no defaults
by City and such other representations as may be requested by a lender, mortgagee or
beneficiary.
XII. TENANT ALTERATIONS. Except as provided above in Section VII.C, Tenant shall
not make any material alterations, additions, or improvements in the Premises
(including any alterations that affect structural portions of the Premises, or any
electrical, plumbing or similar system) without first obtaining City's written consent
(which may be withheld in its reasonable discretion). All such alterations, additions
and improvements shall be at the cost and expense of Tenant, and shall become the
property of City and shall remain in and be surrendered with the Premises as a part
hereof at the termination of this Lease, without disturbance, molestation, or injury
except for any improvements that City may elect to require Tenant to remove.
Notwithstanding the foregoing, Tenant may remove concessions equipment and
similar fixtures from the Premises if Tenant originally paid the cost to acquire and
install such equipment and/or fixtures and if Tenant fully repairs all damage caused by
the removal of such equipment and/or fixtures. If Tenant shall perform work with the
consent of City, as aforesaid, Tenant agrees to comply with all laws, ordinances,
rules and regulations of the appropriate city or county, and any other authorized public
authority. Tenant further agrees to hold City harmless from damage, loss or cost arising
out of the said work.
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XIII. INSURANCE.
A. Tenant Insurance.
1. Tenant, at its sole expense, shall place and maintain in effect throughout the
term of this Lease the following insurance (collectively, the "Insurance"):
(i) Commercial general liability insurance with limits of not less than
$2,000,000 each occurrence and $5,000,000 in the aggregate, written on
Insurance Services Office (ISO) occurrence form CG 00 01, insuring
against all liability arising out of and in connection with Tenant's use and
occupancy of the Premises and with Tenant's exercise of its rights granted
under this Lease, including premises and contractual liability and naming
City and its employees, officers and agents as additional insureds using ISO
Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a
substitute endorsement providing equivalent coverage, and (ii) in the event
Tenant or its sublicensee offers alcoholic beverages in or around the
Premises, "Dram Shop" and/or "Innkeeper's Liability" insurance against
claims or liabilities arising directly or indirectly to persons or property on
account of the sale or dispensing of beer, wine or other alcoholic beverages,
with a combined single limit coverage of $2,000,000 bodily injury and
property damage liability, or in greater amounts if required by law, in form
and substance reasonably acceptable to City, and naming City and its
employees, officers and agents as additional insureds, and (iii) worker's
compensation and employer's liability insurance covering employees at the
Premises employed by Tenant (to the extent required, and in the amounts
required by applicable laws).
2. Certificates of such coverage and endorsements, in form satisfactory to
City, shall be furnished to City and each shall provide that said coverage
will not be changed or cancelled without forty-five (45) days written notice
to City. The limits of coverage described above shall be increased from
time to time as reasonably requested by City and to the extent consistent
with prudent risk management practices and insurance standards for similar
facilities. Tenant's insurance coverage shall be primary as respects City.
Any insurance, self-insurance or insurance pool coverage maintained by
City shall be excess of Tenant's insurance and shall not contribute with it.
All insurance shall be placed with insurers with a current A. M. Best rating
of not less than A:VII.
3. In the event the Insurance required under this section is not maintained, or
if an Event of Default occurs, City shall have the right (but not the
obligation) to place and maintain the Insurance required to be placed and
maintained by Tenant hereunder. Tenant agrees, on demand, to pay to City
the amounts expended therefor with interest at the maximum rate permitted
by law from the time City incurs said costs of Insurance.
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4. In the event Tenant fails to place and maintain the Insurance required
hereunder, City shall have the right (but not the obligation) to require the
immediate cessation of the sale of alcoholic beverages at the Premises.
B. City Insurance. City shall purchase and maintain during the term of this Lease
all-risk property insurance covering the Premises and the Baseball Stadium, for
their full replacement cost without coinsurance provisions.
C. Waiver of Subrogation. Tenant and City hereby release and discharge each
other from all claims, losses and liabilities arising from or caused by any hazard
covered by property insurance on or in connection with the Premises and
Baseball Stadium. This release shall apply only to the extent that such claim,
loss or liability is covered by insurance.
XIV. DAMAGE OR DESTRUCTION. If the Premises or Baseball Stadium are damaged
by fire or other casualty under circumstances where the cost to repair does not exceed
$500,000 and the loss is covered by insurance maintained by City, the damage shall
be repaired by City, and until such repairs are completed, rent shall be abated in
proportion to the portion of the Premises which is unusable by Tenant in the conduct
of its business (but there shall be no abatement of rent by reason of any portion of the
Premises being unusable for a period equal to three (3) days or less).
If the costs to repair such damage exceeds $500,000, or the loss is not covered by
insurance maintained by City, City at its option may elect to repair the Premises, in
which event rent shall be abated as provided above. City shall make such election
whether or not to rebuild within thirty (30) days of such damage.
If City does not elect to make such repairs, or if it reasonably appears that such repairs
cannot be made within one hundred eighty (180) days of the date of such damage, then
either party may, by written notice to the other within forty-five (45) days of the date
of damage, terminate this Lease.
If the Baseball Stadium or a material portion thereof becomes unavailable on a temporary
basis by reason of either partial destruction or repair or restoration, or for any other reason,
then the Tenant may make arrangements for any previously scheduled home baseball game
or Other Event to be held at another venue during such time that the Baseball Stadium is
under repair. The City shall utilize commercially reasonable efforts to assist the Club in
locating a temporary facility in which the Club may play home baseball games, and
otherwise conduct previously scheduled Other Events.
XV. NAMING RIGHTS. During the Term of this Lease, Tenant shall have the right to offer
to sell and to sell the right to name the Baseball Stadium to third parties and to retain
all revenues therefrom, subject to the provisions below. City shall have the right to
approve the name and the form of any naming rights agreement, which approval shall
not be unreasonably withheld or delayed. In the absence of a naming rights agreement,
the Baseball Stadium shall continue to be named "Pasco Stadium." Tenant may not
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name the Baseball Stadium after Tenant. The name of the Baseball Stadium may not
connote or be affiliated with adult content, firearms or tobacco. Upon expiration of or
earlier termination of this Lease, any naming rights agreement shall also terminate and
no longer be in force or effect.
For every professional baseball season (April March through September) (the
"Season") that a naming rights agreement exists, Tenant shall spend a minimum
average of $5,000 on capital improvements to the Baseball Stadium. Capital
improvements under this Section XV are exclusive of all other improvements in this
Lease Agreement.
Tenant may spend such sums on capital improvements at one time and from time to
time while a naming rights agreement exists, provided that Tenant spends at least
$25,000 on capital improvements during the first five years of any naming rights
agreement. By way of example, Tenant may spend $5,000 each Season, may spend
$10,000 every two Seasons, may spend $4,000 the first Season, nothing the second
Season and $11,000 the third Season, or may spend $25,000 in a single year (and
applied over a five Season period), provided that Tenant spends an average of $5,000
for each Season and at least $25,000 during the first five Season period. If at the end
of the term of a naming rights agreement, Tenant has not spent the required amounts
on capital improvements, Tenant shall pay to City a naming rights termination fee
equal to 150% of such shortfall.
On or before February 1 of each year, Tenant shall provide City with an accounting of
the costs expended in the prior calendar year by Tenant on capital improvements to the
Baseball Stadium. At the request of City, Tenant shall provide to City with copies of
invoices and other information to substantiate the amounts so spent.
Tenant must obtain prior City approval to any capital improvements undertaken by
Tenant under this Section XV such approval not to be unreasonably withheld and shall
be granted if such capital improvement is necessary for the Baseball Stadium to remain
compliant with the PDL Facility Standards. Capital improvements funded by Tenant
under this Section XV shall not include any capital improvements installed by Tenant
under any other provision of this Lease.
XVI. DEFAULTS; REMEDIES
A. Defaults: Remedies.
1. Events of Default. The occurrence of any one or more of the following
events shall constitute a material default and breach of this Lease by
Tenant (an "Event of Default"):
(i) The failure by Tenant to make any payment of Rent by the tenth
(10th) day after such amount is due;
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(ii) The failure by Tenant to make any other payment required to be
made by Tenant hereunder (other than a payment specified in subsection
(i) above), including, without limitation, Additional Rent, utility
payments, insurance premiums or other charges, within five (5) days
after receiving written notice from City of such failure to pay;
(iii) The failure by Tenant to observe or perform or the violation of
any of the other covenants, conditions or provisions of this Lease to be
observed or performed by Tenant, where such failure shall continue for
a period of twenty (20) days after Tenant's receipt of written notice of
default or violation from City; provided, however, that if the nature of
Tenant's obligation is such that more than twenty (20) days are required
for performance, then Tenant shall not be in default if Tenant
commences performance within such 20-day period and thereafter
diligently prosecutes the same to completion and in any event completes
such performance within ninety (90) days of Tenant's receipt of such
written notice; or
(iv) The failure by Tenant to use the Premises for professional
baseball purposes as a franchisee of the Northwest LeaguePDL Club.
2. Subject to Section I.B, Uupon an Event of Default, then, without
prejudice to any other remedies which City might have, City may, at its
election, declare this Lease forfeited and the Lease term ended, and re-
enter the Premises, with or without process of law, and remove all
persons or chattels therefrom.
B. Removal of Property.
1. In the event of any re-entry or taking possession of the Premises for default,
City shall have the right, but not the obligation, to remove from the Premises
all personal property of Tenant located therein, and may store the same in
any place selected by City, including but not limited to a public warehouse,
at the expense and risk of the owners thereof, with the right to sell such
stored property, without notice to Tenant, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale to be applied
first to the cost of such sale, second to the payment of the charges for the
storage, if any, and third to the payment of any other sums of money which
may then be due from Tenant to City under any of the terms hereof, the
balance if any without interest to be paid to Tenant.
2. Tenant hereby waives all claims for damages that may be caused by City's
re-entering and taking possession of the Premises or removing and storing
the property of Tenant as provided in this Lease, and will hold City harmless
from loss, costs or damages occasioned City thereby. No such reentry shall
be considered or construed to be a forcible entry.
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C. City May Relet. In such case of re-entry, City may, subject to Section I.B, relet the
Premises upon such terms as it sees fit, for a term which may expire either before
or after the expiration date of this Lease, and to such persons or entities as it desires,
including without limitation another professional baseball league.
D. Tenant Still Liable for Rent. City shall not be liable for damages by reason of such
re-entry. Notwithstanding any such re-entry by City, the liability of Tenant for the
Rent provided for herein shall not be extinguished for the balance of the Lease
Term. Tenant agrees to pay to City any deficiency arising from a re-entry and re-
letting of the Premises at a lesser rent, and Tenant shall pay such deficiencies each
month as the amount thereof is ascertained by City.
E. Tenant to Pay Cost of Reletting. Upon reletting Tenant shall be immediately liable
to pay to City the cost and expense of reletting and of such repairs as may be
incurred by City in readying the Premises for reletting.
F. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive, but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
G. Default by City. City shall not be in default unless City fails to perform obligations
required of City within twenty (20) days after written notice by Tenant to City,
provided, however, that if the nature of City's obligation is such that more than
twenty (20) days are required for performance then City shall not be in default if
City commences performance within such 20-day period and thereafter diligently
prosecutes the same to completion. If City fails to cure any such default within the
allotted time, Tenant may cure such default itself and offset the cost thereof against
Rent payable hereunder.
XVII. HAZARDOUS SUBSTANCES.
A. Hazardous Substances.
1. Tenant shall not dispose of or otherwise allow the release of any
hazardous waste or materials in, on or under the Premises, or any
adjacent property, or in any improvements placed on the Premises, in
violation of applicable law. Tenant represents and warrants to City that
Tenant's intended use of the Premises does not involve the use,
production, disposal or bringing on to the Premises of any hazardous
waste or materials in violation of applicable law. As used herein, the
term "hazardous waste or materials" includes any substance, waste or
material defined or designated as hazardous, toxic or dangerous (or any
similar term) by any federal, state or local statute, regulation, rule or
ordinance now or hereafter in effect. Tenant shall promptly comply with
all statutes, regulations and ordinances, and with all orders, decrees or
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judgments of governmental authorities or courts having jurisdiction,
relating to the use, collection, treatment, disposal, storage, control,
removal or cleanup of hazardous waste or materials, in, on or under the
Premises or any adjacent property, or incorporated in any
improvements, at Tenant's expense.
2. After notice to Tenant and a reasonable opportunity for Tenant to effect
such compliance, City may, but is not obligated to, enter upon the
Premises and take such actions and incur such costs and expenses to
effect such compliance as it deems advisable to protect its interest in the
Premises; provided, however that City shall not be obligated to give
Tenant notice and the opportunity to effect such compliance if (i) such
delay might result in material adverse harm to City or the Premises, (ii)
Tenant has already had actual knowledge of the situation and a
reasonable opportunity to effect such compliance, or (iii) an emergency
exists. Whether or not Tenant has actual knowledge of the release of
hazardous waste or materials on the Premises or any adjacent property
as the result of Tenant's use of the Premises, Tenant shall reimburse City
for the full amount of all costs and expenses incurred by City in
connection with such compliance activities, and such obligation shall
continue even after the termination of this Lease. Tenant shall notify
City immediately of any release of any hazardous waste or materials on
the Premises.
3. Notwithstanding the foregoing, Tenant shall not be responsible for any
cleanup, liabilities, claims, damages, costs and expenses of any kind or
nature that arise or result from any contamination of the Premises or
surrounding property by hazardous waste or materials, except for such
contamination that is caused by Tenant or its employees or agents. If
Tenant cannot operate the Baseball Stadium because of contamination
of the Premises or surrounding property by hazardous waste or materials
not caused by Tenant or its employees or agents, Tenant shall have the
right to terminate this Lease without further liability hereunder.
XVIII. OTHER PROVISIONS.
A. Surrender of Premises. At the expiration of the term of this Lease, or at the
earlier termination of this lease, Tenant shall surrender the Premises in good
condition, reasonable wear and tear excepted.
B. Intentionally Deleted.
C. Liens and Solvency. Tenant shall keep the Premises free from any liens arising
out of any work performed, materials furnished or obligations incurred by
Tenant and hold City harmless therefrom including all costs and attorney's fees.
In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt,
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or if a receiver, assignee or other liquidating officer is appointed for the
business of Tenant, then City may, subject to Section I.B, cancel this Lease at
City's option and Tenant shall nevertheless be liable for any further losses or
damages sustained by City so caused by Tenant.
D. Assignment. Tenant shall have the right to assign this Lease or let or sublet the
whole or part of the Premises with the written consent of City, which consent
may not be unreasonably withheld. Notwithstanding the foregoing, City shall
consent to any assignment or sublease of this Lease by Tenant: (a) to any entity
controlled by Tenant that owns the Team; and (b) to any purchaser of the Team
that (i) has been approved by the Major League BaseballMLB PDL, and (ii)
holds a franchise to operate such team by the Northwest League, (or a successor
league), and (iii) has retained a management team with prior experience
managing a professional sports team to operate such team. Any purported
assignment or sublet shall be of no effect if not consented to by City. Any
assignment or sublet of this Lease shall not extinguish or diminish the liability
of Tenant hereunder.
E. Non-Waiver. The failure of either party to insist upon strict performance of
any of the covenants and agreements of this Lease, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a
waiver or relinquishment of any such, or any other covenants or agreements,
but the same shall be and remain in full force and effect.
F. Costs and Attorney's Fees. All costs and expenses, including attorneys' fees at
trial and on appeal in a reasonable amount, incurred by City or by Tenant in
enforcing the obligations of Tenant or City under this Lease, shall be paid by
the defaulting party to the prevailing party upon demand. The venue of any
legal action brought under the terms of this Lease shall be in the county in which
the Premises are situated.
G. Transfer by City. If City shall assign its interest under this Lease or transfer its
interest in the Premises, such transferee shall be required to assume all
obligations of City under this Lease, City shall be relieved of any obligation
accruing hereunder after such assignment or transfer, and such transferee shall
thereafter be deemed to be City hereunder.
H. Heirs and Successor. Subject to the provisions hereof pertaining to assignment
and subletting, the covenants and agreements of this Lease shall be binding
upon the heirs, legal representatives, successors and assigns of any or all of the
parties hereto.
I. Holdover. If Tenant shall, with the written consent of City, holdover after the
expiration of this Lease, such tenancy shall be on a month-to-month tenancy,
which tenancy may be terminated by either party upon twenty (20) days’ notice
to the other party. During such tenancy Tenant agrees to pay to City the same
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rental as provided herein, unless a different rent is agreed upon, and to be bound
by all of the applicable terms and conditions of this Lease.
J. Mutual Release and Waiver. To the extent a loss is covered by insurance in
force, City and Tenant hereby mutually release each other from liability and
waive all right of recovery against each other for any loss from perils insured
against under their respective fire or other insurance policies, including any
causes of loss forms attached thereto; provided, that this agreement shall be
inapplicable if it would have the effect of invalidating any insurance coverage
of City or Tenant
K. Notices. All notices under this Lease shall be in writing and shall be deemed to
have been duly given if personally delivered, sent by confirmed electronic,
overnight courier services or registered or certified mail, postage prepaid, and
shall be deemed given upon delivery if personally delivered, upon the earlier of
actual receipt or one day after it is sent, if sent by overnight courier or confirmed
electronic, or three days after it is sent by registered or certified mail. All
notices or other communications shall be made as follows:
If to City: City of Pasco
Attn: City Manager
525 North 3rd Avenue
Pasco, WA 99301
Facsimile No.: (509) 545-3403
(include e-mail address and do you want a
copy to be sent to Legal ?)
And
Kerr Ferguson, PLLC
Attn: Eric Ferguson
7025 Grandridge Blvd. Ste. A
Kennewick, WA 99336-7724
(e-mail: eferguson@kerrlawgroup.net)
If to Tenant: Northwest Baseball Ventures I, LLC
Attn: President
6200 Burden Blvd.
Pasco, WA 99301
Facsimile No.: (509) 547-9570
(include e-mail address?)
L. Compliance with Laws. All operations or act1v1ties upon, or any use or
occupancy of the Baseball Stadium and Premises, or any portion thereof, by
Tenant or any person claiming through Tenant shall be in all material respects
in compliance with all state, federal and local laws, ordinances, rules,
regulations, permits, standards, and requirements.
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M. Indemnification.
1. Tenant agrees to and shall indemnify, defend and hold City, City's
successors and assigns, and the, officers, employees, agents and
contractors of City, harmless from and against any and all claims
(including without limitation third parry claims for death, personal
injury or real or personal property damage), actions, administrative
proceedings (including both formal and informal proceedings),
judgments, damages, punitive damages, penalties, fines, costs, liabilities
(including sums paid in settlements of claims), interest or losses,
including reasonable attorneys' and paralegals' fees and expenses
(including any such fees and expenses incurred in enforcing this
Agreement or collecting any sums due hereunder), consultant fees, and
expert fees, together with all other costs and expenses of any kind or
nature that arise directly or indirectly from or in connection with (i)
Tenant's use, occupation and/or control of the Premises during events
other than Community Events, and including without limitation any
injury or claim of injury to person or property, of any nature and
howsoever caused, (ii) from any breach of the terms of this Lease, or
(iii) any violation of any governmental or insurance requirements by
Tenant, its sublessees, assignees, invitees, agents, employees,
contractors, or licensees, provided that such indemnity shall not extend
to matters that may arise out of the gross negligence or willful acts of
City or City's agents, employees or contractors.
2. City agrees to and shall indemnify, defend and hold Tenant, each MLB
PDL Entity, and their respective Tenant's successors and assigns, and
the directors, officers, shareholders, employees, agents and
contractors of Tenant and each MLB PDL Entity, harmless from and against
any and all claims (including without limitation third party claims for death,
personal injury or real or personal property damage), actions, administrative
proceedings (including both formal and informal proceedings), judgments,
damages, punitive damages, penalties, fines, costs, liabilities (including
sums paid in settlements of claims), interest or losses, including reasonable
attorneys' and paralegals' fees and expenses (including any such fees and
expenses incurred in enforcing this Agreement or collecting any sums due
hereunder), consultant fees, and expert fees, together with all other costs
and expenses of any kind or nature that arise directly or indirectly from or
in connection with (i) City's use, occupation and/or control of the Premises
during a Community Event, and including without limitation any injury or
claim of injury to person or property, of any nature and howsoever caused,
(ii) from any City’s breach of the terms of this Lease, or (iii) any acts arising
from the gross negligence or willful misconduct of City, provided that such
indemnity shall not extend to matters that may arise out of the gross
negligence or willful acts of Tenant or Tenant's agents, employees or
Page 61 of 170
-26-
MLB Comments 7/19/23
Formatted: Tab stops: Not at 3.25"
contractors.
N. Time is of the Essence of this Lease. Time is of the essence in the performance of
all obligations of Tenant and City under this Lease.
O. City Approvals. City shall, from time to time, designate one or more people who
are authorized on behalf of City to give consents or approvals required of City
hereunder. Such designation shall remain effective until such time as City notifies
Tenant in writing of a new designee or designees. At the outset, City's designee
shall be Adam Lincoln, City Manager.
P. Force Majeure. Notwithstanding anything in this Lease to the contrary, each party's
obligations to perform under this Lease shall be excused to the extent that such
performance is prevented, delayed or rendered impracticable by events beyond that
party's reasonable control, provided such party shall have exercised all reasonable
efforts to avoid such events. Such events shall include, without limitation,
inclement weather, acts of God, strikes, civil commotion, riot, war and any other
cause whether similar or dissimilar to those enumerated that is reasonably beyond
the control of the party obligated to perform. Force Majeure shall not include
financial inability to perform (regardless of the cause) and shall not apply to
defaults arising out of the loss by Tenant of its franchise to operate a professional
baseball team with the Northwest League.
Q. Amendments. Notwithstanding anything herein to the contrary, this Lease may not
be amended, supplemented or otherwise modified without the prior receipt of all
necessary PDL Approvals.
R. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one
and the same instrument. This Lease or any counterpart may be executed and
delivered by electronic transmission with an executed hard copy to follow.
IN WITNESS WHEREOF, City and Tenant have executed this Lease the day and
year first above written.
CITY OF PASCO NORTHWEST BASEBALL VENTURES I, LLC, a
Washington Limited Liability Company
By: _________________________ By: _________________________
Adam Lincoln, City Manager
EXHIBITS AND SCHEDULE:
Exhibit A Legal Description of Property
Exhibit B List of Included Equipment
Page 62 of 170
-27-
MLB Comments 7/19/23
Formatted: Tab stops: Not at 3.25"
Exhibit C Concourse Exterior Wall Advertising Area
Exhibit D Intentionally Blank
Exhibit E Field Maintenance Standards
Exhibit F Parking Area
Schedule 1 Intentionally Blank
Schedule 2 MLB Tax Schedule
Page 63 of 170
EXHIBIT A
Exhibit A
Legal Description Pasco Baseball Stadium (without Parking Lot)
The South 700 feet of the North 1850 feet of the West 550 feet of the East 1043± feet of the
northwest comer of Section 15, Township 9 North, Range 29 East W.M. Franklin County,
Washington.
Page 64 of 170
EXHIBIT B
Exhibit B
Baseball Equipment
Batting Cage: Full cover batting cage with minimum dimensions of 18' wide, 14' deep and
9' high. It is recommended that the cage be portable and made of aluminum
frame to provide maximum maintainability.
Field Screens: Pitching Screen:
Double Play Screen:
First Base Screen:
Shag Protector Screen:
Thigh x 8' wide with 4' x 4' notch in upper corner.
7' high x 14' wide with hinged wings.
7' high x 8' wide.
7' high x 8' wide.
Page 65 of 170
EXHIBIT C
Exhibit C
Concourse Advertising Area
West Side
East Side
Page 66 of 170
EXHIBIT D
Exhibit D
Intentionally Blank
Page 67 of 170
EXHIBIT E
Exhibit E
Tri-Cities Baseball Stadium Maintenance Standards
PROGRAM FREQUENCY DETAIL
Fertilizing
April – October
Application of complete NPK fertilizer with trace
minerals at 7lbs per 1,000 sq. ft. monthly in April, June,
July and August. Equivalent to ESN 18-3-15. In October
equivalent to 20-2-15 at 7 lbs per 1,000 sq. ft. Apply quick
release fertilizer at rate of 7 lbs. per 1,000 sq. ft. in front
of pitchers mound or any other worn areas.
Aerification May – October Monthly in May, June, July and October.
Flag all irrigation heads prior to aerification. Do not
aerify clay areas.
Mowing March – October March – April mow at 2” height. Two weeks prior to team
practice mow at 1-1/2” and maintain until October. Mow
playing field minimum of every other day and all other
areas twice per week.
Edging May – September Edge all base paths and infield perimeter twice per month.
Irrigation March – October Irrigate as needed but no less than 4 times per week for 1
hr. Immediately repair system as needed.
Chemical
Applications
March – November Identify turf problems and correct immediately. Apply
fungicide 1st week of November. Apply penetrating agent
or other chemicals as needed.
Game Day
Field Preparation
May – September 1. Drag and water infield as needed.
2. Wash loose dirt back into grass at dirt infield grass
transition areas.
3. Cover area in front of pitchers mound during practice
and pre-game warm up.
4. Drag and clean all red rock warning track areas.
5. Line infield as per baseball standards.
6. Paint outfield out-of-play lines weekly or as needed.
Miscellaneous Year Round 1. Apply a minimum of 2 tons soil conditioner to the top
1” of all infield clay areas.
2. Repair safety net and wall pads as necessary.
3. Overseed all areas at the rate of 25 lbs. per acre. Seed
mixture to be approved by City based on turf analysis.
4. Spray fence lines with herbicide twice a year or as
needed.
Page 68 of 170
EXHIBIT F
Exhibit F
Parking Area
-z-z:::=.-...oc=,======::-)• , -IIIIMIN &\-O.
I
... ..
.....
PARKING LOT
Page 69 of 170
SCHEDULE 1
SCHEDULE 1
Intentionally Blank
Page 70 of 170
SCHEDULE 2
SCHEDULE2
MLB TAX SCHEDULE
• Current – 2030 8.5%
Page 71 of 170
Pasco City Council Meeting
October 10, 2023Page 72 of 170
Key Terms
Renews Existing Lease Northwest Baseball Ventures I, LLC
(Tri-City Dust Devils) which expires December 31, 2023.
Adds contract language to meet alignment with Major
League Baseball requirements for licensing of the Tri-Cities
Dust Devils.
Initial term of 10 years, with one 10-year renewal option.
Annual initial rent payment of $35,734.35, with annual
increase over life of term. Page 73 of 170
Financial Impact
Annual rent covers expenses related to City management and
maintenance of the facility.
Combined estimated regional fiscal impact of:
Spending -$12.4M
Tax Revenue -$796K
Creation of 111 FTE jobs
City is investing $1.9M this year in MLB required stadium
upgrades and received a no-match $3M State grant for additional
required stadium upgrades in fall 2024. Page 74 of 170
GESA Stadium Lease Renewal
Questions??Page 75 of 170
AGENDA REPORT
FOR: City Council October 4, 2023
TO: Adam R. Lincoln, City Manager City Council Workshop
Meeting: 10/10/23
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: Resolution - Change Order No. 4 for the East UGA Expansion Sewer
LID (LID 152) Phase 2 Project.
I. REFERENCE(S):
Draft Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Original Contract Amount $998,953.00
Previously Approved Change Order Nos. 1-3 $68,929.35
Change Order No. 4 $480,349.67
New Agreement Total $1,548,302.02
This change order is a 48% increase to the total construction contract for this
Phase 2 project. However, the project was divided into four phases for and
Phase 2 was the smallest cost. When compared with all four phases, this
change order represents an increase of 3.9% of the total $12.2 million
construction contract cost.
The adopted budget for the project is sufficient to accommodate this change
order.
Total adopted project budget is $22.4 million, as follows:
2021-2022 Adopted Biennial Budget allocated to this project: $5 million
2023-2024 Adopted Biennial Budget allocated to this project: $17.4 million
However, the total project cost is estimated at $17 million.
Page 76 of 170
IV. HISTORY AND FACTS BRIEF:
On May 23, 2022, Council Approved Ordinance No. 4592 which formed LID
No. 152 ordering the sanitary sewer and lift station improvements within the
Urban Growth Area Expansion East of Road 68.
To allow the project to move forward expeditiously into construction, the scope
of work was broken into four phases, each of them packaged into a set of bid
documents and treated as an individual construction contract.
Phase 1 includes six bore trench crossings and casings to be installed.
Three of them are underneath BNSF railroad, two underneath N Glade
Road, and one underneath N Railroad Ave. (In Construction)
Phase 2 includes installing gravity sewer from the North end of the UGA
east to N Glade Rd then running South along N Glade Rd to the future
lift station. (In Construction). The proposed change order relates to
this phase.
Phase 3 includes a Lift station at the corner of N Glade rd. and Burns rd.
extended, as well as a set of force mains for the connection of the
proposed system to the existing gravity collection system along Foster
Wells Rd and Capital Ave, and Foster Wells Rd and Industrial Way. (To
Begin Construction in November)
Phase 4 accounts for the remainder of the gravity sewer trunk mains
serving the properties to the west of the lift station (west of North Glade
Road). (In Construction)
Below is a Change Order Summary for East UGA Expansion Sewer LID
Project, Phase 2:
Change Order 1 – Sales Tax Increase from 8.7% to 8.9%
($1,838.00): This change order accounts for the increase of Sales tax
from 8.7% to 8.9% that began January 1st, 2023.
Change Order 2 – Cost Increase due to delay of Project
($61,390.22): This project was delayed due to extended right-of-way
acquisition and permanent parcel, station the for negotiations lift
temporary easements. This C.O. addresses cost contractor and their
subcontractors' cost to revise schedules and storage of materials.
Change Order 3 – Relocate Guy Wire for future ease of access
($5,701.13): for This change order addresses improved access
maintenance at manhole, by relocating the electrical guy wire five feet
away from the installed manhole.
Change Order 4 – Two additional Bores for sewer laterals
($480,349.67): This proposed change order includes the installation of
two laterals utilizing boring across Glade Road. The need to install
laterals is a result of negotiations for the acquisition of a parcel for the
Page 77 of 170
construction of the lift station and acquisition of permanent and
temporary easements for the project.
V. DISCUSSION:
Staff recommends approval of Change Order No. 4 for the addition of two
laterals across Glade Road via boring.
Page 78 of 170
Resolution - East UGA LID No. 152 CO No. 4 - 1
Version 09.01.23
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER
NO. 4 TO THE CONSTRUCTION CONTRACT WITH TAPANI, INC. FOR
THE EAST UGA EXPANSION SEWER LID (LID 152) PHASE 2 PROJECT..
WHEREAS, the City of Pasco (City) and Tapani, Inc. entered into a Construction contract
on January 24, 2023, for construction of the East Urban Growth Area (UGA) Expansion Sewer LID
No. 152 (LID) Phase 2 Project; and
WHEREAS, this project involves routing gravity sewer from the North end of the UGA
east to N Glade Rd then running South along N Glade Rd to the future lift station; and
WHEREAS, the City and Tapani, Inc. executed Change Order No. 1 through Change
Order No. 3 to address tax changes from bid amount, delays, and movement of utility for future
ease of access; and
WHEREAS, previously approved Change Order Nos. 1 - 3 were authorized under the
authority provided to the City Manager and the Public Works Director; and
WHEREAS, proposed Change Order No. 4 involves the addition of twolaterals across
Glade road via boring, for a total of $480,419.67; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to approve Change
Order No. 4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions
of the Change Order No. 4 between the City of Pasco and Tapani, Inc. as attached hereto and
incorporated herein as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to execute said Change Order No. 4 on behalf of the City of Pasco.
Page 79 of 170
Resolution - East UGA LID No. 152 CO No. 4 - 2
Version 09.01.23
PASSED by the City Council of the City of Pasco, Washington, on this 16th day of October,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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AGENDA REPORT
FOR: City Council October 3, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 10/10/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance - Amending PMC Sections 3.35.160 and 13.45.060 to Amend
Water Rights Acquisition Fee
I. REFERENCE(S):
Draft Ordinance
Water Rights Market Analysis
Water Rights Fee Update 2023
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Thr proposed fee amendment will increase revenues to the water rights fund
allowing the City to purchase water rights at current market rates to help
provide sufficient water for future development.
IV. HISTORY AND FACTS BRIEF:
For the City to serve its residents and businesses with enough municipally
treated water, the City must have an appropriate amount of water rights that
allow the withdrawal of large amounts of water from the Columbia River.
Currently the City has approximately 18,883 acre-feet of the Department of
Ecology (Ecology) approved water rights. In 2022, the City used approximately
15,873 acre-feet of water to serve its potable water customers. An acre-foot of
water is equal to one acre of land covered by one foot of water or 325,851
gallons.
It is important for the City to ensure there is a sufficient amount of water rights
available to serve new and future developments. This is done through the
transfer of water rights from land owners to the City as development occurs. If
a developer does not have water rights to transfer to the City, a Water Rights
Page 98 of 170
Acquisition Fee is paid. The monies collected through this fee are then used to
purchase more water rights.
The purchase of water rights to support future development is becoming
increasingly more difficult as landowners recognize the increased market value
of water rights. The market for water rights acquisition has increased
significantly over the past several years such that the value of water rights far
exceeds the City’s current Water Rights Acquisition Fee of $1,725.00 per acre-
foot.
This increase in value of water rights has resulted in developments within the
city choosing to pay the current Water Rights Acquisition Fee of $1,725.00 per
acre-foot and then selling their water rights to others for a higher amount based
on the current market value.
Staff is also aware that some property owners are transferring their water rights
to properties outside the City, paying the current Water Rights Acquisition Fee
of $1,725.00 per acre-foot, and requesting water service from the City.
It has also become increasingly more difficult for the City to acquire water
rights due to the City’s lack of sufficient funds collected from the current Water
Rights Acquisition Fee and property owners are showing more interest in
leasing water rights through long-term contracts rather than selling the water
rights outright. The lease approach puts cities like Pasco in a position of
owning nothing after making 20 years of lease payments, which does not seem
to be a prudent course of action.
V. DISCUSSION:
In September 2022, the City contracted with Darryll Olson of Pacific Northwest
Project to evaluate the water rights market and provide a recommendation to
the City regarding the fair market value of water right purchases. That market
analysis estimated the current water rights value to be $4,150.00 per acre-foot.
This is a 140.6% increase over the current Water Rights Acquisition Fee.
It is in the City’s best interest for developers to transfer available water rights to
the City and discourage payment of the Water Rights Acquisition Fee.
Therefore, staff recommends the proposed Water Rights Acquisition Fee
include a 50% surcharge. This will allow for future increases in market value
and encourage transfer of water rights to the City.
The Pasco Municipal Code (PMC) Section 13.45.060 requires, as a condition
of extending water beyond the city limit to serve new development, water rights
must be transferred to the City in a quantity sufficient to serve the new
development. It is in the City’s interest to require the transfer of available water
Page 99 of 170
rights to the City for the provision of City water for all new developments; those
within and beyond the city limit and for commercial as well as residential.
Staff desires to have a discussion with Council on the proposed changes to the
Water Rights Acquisition Fee and the applicability of this fee to developments
both within and beyond city limits.
Page 100 of 170
Ordinance – Amending PMC 3.35.160 & 13.45.060 - 1
Version 09.01.23
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE PASCO MUNICIPAL CODE SECTION 3.35.160 WATER
UTILITY ADJUSTING THE WATER RIGHTS ACQUISITION FEE AND
SECTION 13.45.060 ASSIGNMENT OF WATER RIGHTS–EXTENSION OF
CITY WATER SERVICES BEYOND CITY LIMITS.
WHEREAS, recent water rate studies and fees of utility systems are generally conducted
on periodic intervals to ensure they provide adequate revenue for the utilities, and to ensure rates,
charges, and fees are, and continue to be, in conformance with state law; and
WHEREAS, the purchase of water rights by the City of Pasco (City) to support future
development is becoming increasingly more difficult as landowners recognize the increased
market value of water rights; and
WHEREAS, the market for water rights acquisition has increased significantly over the
past several years such that the value of water rights far exceeds the City’s current Water Rights
Acquisition Fee of $1,725.00 per acre-foot; and
WHEREAS, the increase in value of water rights has resulted in developments within the
city choosing to pay the current Water Rights Acquisition Fee of $1,725.00 per acre-foot and
selling their water rights for a higher amount based on the current market value; and
WHEREAS, staff is also aware that some owners of property within the city are
transferring their water rights to properties outside the city and then paying the current Water
Rights Acquisition Fee of $1,725.00 per acre-foot; and
WHEREAS, it is increasingly more difficult for the City to acquire water rights at the
current market price as landowners recognize the increased market value of water rights and the
City’s lack of sufficient funds collected from the current Water Rights Acquisition Fee; and
WHEREAS, owners of water rights are showing more interest in leasing water rights
through long-term contracts rather than selling the water rights, which would put cities like Pasco
in a position of owning nothing after making 20 years of lease payments; and
WHEREAS, in September 2022, the City contracted with Darryll Olson of Pacific
Northwest Project to evaluate the water rights market and provide a recommendation to the City
regarding the fair market value of water right purchases; and
WHEREAS, in October 2022 Pacific Northwest Project provided the City with the results
of their market analysis and estimated a current water rights value of $4,150.00 per acre-foot, a
140.6% increase over the current Water Rights Acquisition Fee; and
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Ordinance – Amending PMC 3.35.160 & 13.45.060 - 2
Version 09.01.23
WHEREAS, it is in the City’s best interest to discourage payment of the Water Rights
Acquisition Fee and instead have developers transfer available water rights to the City to help
serve new development in Pasco; and
WHEREAS, to ensure the City’s ability to purchase water rights in the future to adequately
serve new developments, the proposed Water Rights Acquisition Fee includes a 50% surcharge to
account for future increases in market value and encourage the transfer of water rights to the City
rather than payment of the Water Rights Acquisition Fee; and
WHEREAS, the PMC Section 13.45.060 “Assignment of Water Rights – Extension of
City Water Services beyond City Limits” requires, as a condition of extending water beyond the
city limit to serve new development, water rights must be transferred to the City; and
WHEREAS, it is in the City’s interest to require the transfer of available water rights to
the City for all new development both within and beyond the city limit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. All water rights acquisition fees shall be subject to an adjustment. PMC
Section 3.35.160 is hereby amended and shall read as follows:
3.35.160 Water utility effective January 1, 2022.
Fee/Charge Reference
2021 2022 2023 2024 2025 2026
Inside city:
Consumption – per 100
cubic feet:
Residential/commercial $0.88 $0.94 $1.00 $1.07 $1.12 $1.18 13.20.050
Bulk – per 1,000
gallons
$1.45 $1.54 $1.64 $1.75 $1.84 $1.93 13.20.080
Residential – single-
family base fees:
3/4 and 5/8 inch – per
month
$20.55 $21.89 $23.31 $24.83 $26.07 $27.37 13.20.020
1 inch – per month $30.81 $32.82 $34.95 $37.22 $39.08 $41.03 13.20.020
Senior reduced/low income:
3/4 and 5/8 inch – per
month
$6.83 $7.27 $7.74 $8.24 $8.65 $9.08 3.65.150
1 inch – per month $10.30 $10.97 $11.68 $12.44 $13.06 $13.71 3.65.150
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Ordinance – Amending PMC 3.35.160 & 13.45.060 - 3
Version 09.01.23
Fee/Charge Reference
2021 2022 2023 2024 2025 2026
Commercial – base
fees:
3/4 inch – per month $28.97 $30.85 $32.86 $35.00 $36.75 $38.59 13.20.030
1 inch – per month $42.37 $45.12 $48.05 $51.17 $53.73 $56.42 13.20.030
1-1/2 inch – per month $81.60 $86.90 $92.55 $98.57 $103.50 $108.68 13.20.030
2 inch – per month $130.86 $139.37 $148.43 $158.08 $165.98 $174.28 13.20.030
3 inch – per month $178.74 $190.36 $202.73 $215.91 $226.71 $238.05 13.20.030
4 inch – per month $257.54 $274.28 $292.11 $311.10 $326.66 $342.99 13.20.030
6 inch – per month $402.01 $428.14 $455.97 $485.61 $509.89 $535.38 13.20.030
8 inch – per month $557.10 $593.31 $631.88 $672.95 $706.60 $741.93 13.20.030
Fee/Charge Reference
Outside City; effective 11/1/02:
Consumption – per 100 cubic feet:
Residential/commercial 90% surcharge 13.20.090
Bulk – per 1,000 gallons 90% surcharge 13.20.090
Residential – single-family base fees:
3/4 and 5/8 inch – per month 90% surcharge 13.20.090
1 inch – per month 90% surcharge 13.20.090
Senior reduced/low income 90% surcharge 13.20.090
Commercial – base fees:
All sizes 90% surcharge 13.20.090
Fee/Charge Reference
Fire hydrants:
Meter rental:
Refundable deposit
Not to exceed
110% of Cost, as
determined by the
Director of
13.20.080
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Ordinance – Amending PMC 3.35.160 & 13.45.060 - 4
Version 09.01.23
Fee/Charge Reference
2021 2022 2023 2024 2025 2026
Finance
Nonrefundable removal fee $30.00 13.20.080
Monthly base rental fee $62.00
Late payment and not returning
meter after 48 hrs. (per day)
$50.00
Hydrant rental – outside corporate
limits, per year
$20.00 13.20.070
Charges for water meters and services:
Meter and service costs equal to
average cost to City based on prior
year
13.45.010
Move meter for owner Cost + 15% 13.30.060
Change meter size Cost + 15% 13.30.050
Water system capital expansion/replacement charges
Inside City limits:
3/4-inch meter $360.00 13.25.010
1-inch meter $601.00 13.25.010
1-1/2-inch meter $1,198 13.25.010
2-inch meter $1,918 13.25.010
3-inch meter $3,599 13.25.010
4-inch meter $5,999 13.25.010
6-inch meter $11,995 13.25.010
8-inch meter $19,192 13.25.010
10-inch meter $27,591 13.25.010
Outside City limits:
3/4 – 10-inch meter 90% surcharge 13.25.020
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Ordinance – Amending PMC 3.35.160 & 13.45.060 - 5
Version 09.01.23
Fee/Charge Reference
2021 2022 2023 2024 2025 2026
Front footage (per foot):
Residential:
In and out City limits $20.00 13.45.020
Commercial:
In and out City limits $25.00 13.45.020
Square Footage (per sq. ft.):
Residential:
In and out City limits $0.0388 13.45.020
Commercial:
In and out City limits $0.0426 13.45.020
Water rights acquisition fee – per
acre foot
$1,725.00$6,225.00 13.45.060(2)
21.05.120(2)
Base water rights acquisition fee –
per residential unit
($1,725.00$6,225.00 per acre foot x
potable use factor .30)
$517.50$1,867.50 13.15.030(1)
Potable water irrigation fee (no
irrigation water available)
Equal to 50% of
the area of the lot
or parcel to be
served expressed
in acres or portion
of acres x 3.5-acre
feet of water x
$1,725.00$6,225.00
(per acre foot)
13.15.030(1)
Water rights transfer fee $1,000.00 13.15.030(5)
[Ord. 4561 § 1, 2021; Ord. 4406 § 2, 2018; Ord. 4252, 2015; Ord. 4160, 2014; Ord. 4139,
2014; Ord. 3961, 2010; Ord. 3827, 2007; Ord. 3693 § 1, 2004; Ord. 3655, 2004; Ord. 3610,
2003; Ord. 3575, 2002; Ord. 3553, 2002; Ord. 3543, 2002; Code 1970 § 3.07.160.]
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Ordinance – Amending PMC 3.35.160 & 13.45.060 - 6
Version 09.01.23
Section 2. The water rights acquisition fee shall be applicable to all developments,
both within and beyond the City Limits. The PMC Section 13.45.060 is hereby amended and shall
read as follows:
13.45.060 Assignment of water rights – Extension of City water
services within and beyond City limits.
(1) As a condition for the extension of a City water main provision of City
water service within or beyond the City limits as a primary source of City water for
potable or irrigation uses within a residential subdivision or other development, any
property owner or developer of such property shall assign and transfer to the City
any certificate, permit or claim to a water rights for the withdrawal of ground or
surface waters, or such other water rights as may be appurtenant to such property,
including exempt well water rights in the quantity and manner set forth in PMC
13.15.030.
(2) In the event there are no water rights represented either by perfected
application, certificate, permit or right for withdrawal appurtenant to the real
property benefited in subsection (1) of this section, the property owner or developer
shall pay to the City, in lieu thereof, a water rights acquisition fee as established in
the City Fee Summary Ordinance, Chapter 3.35 PMC.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 5. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Page 106 of 170
Ordinance – Amending PMC 3.35.160 & 13.45.060 - 7
Version 09.01.23
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 107 of 170
Markets for Water
City of Pasco,WA,Request for Proposals
The City of Pasco,WA,is reviewing potential water right lease purchases for future municipal
development.The City will accept proposals from credible water right holders that meet the long-
tenn water right lease quali?cations and conditionsstipulatedbelow.
Terms and Conditions:
The City’s RFP conditions are non-negotiable,with a ?xed price-point,lease terms,and
Valuation components:
Proposals will be considered for incremental water “blocks”of 500 acre-ft,up to 2,000
acre-ft.The City will require initial delivery by January 1,2024.
The water right lessee must be able to demonstrate secure water right ownership upon RFP
response.No other ownership conditions are acceptable.
The lease term will be for twenty years.The lease(s)will be nonrevocable;and can only
be terminated prior to twenty-years by written consent from the Pasco City Manager or
Public Works Director.
The leases will provide an annual payment of $3 10/acre—ft./yearfor the lease term,with no
escalators applied.This is a capital equivalent of about $4,150/acre-PL,based on the City’s
?nancial discount rate.Full capital payment would be considered for water right
ownership (title)transfers to the City (separate from a lease agreement).
Regulatory/Transfer Requirements:
Potential water rights for lease must have direct hydraulic continuity with the McNary
Pool,Columbia River.
The water rights for potential change/transfer must comply with RCW 90.03.380.It is the
responsibility of the lessee to con?rm such with proposal submission.
For potential lease agreements,the City will initially provide a letter of intent,while
completing ?irther due diligence.The City will prepare a purchase and sale agreement for
an accepted proposal.
The City will conduct water right change/transfers through the Franklin County Water
Conservancy Board,for either prior Ecology Trust actions with Ecology or new transfers.
Proposal Contact/Administration:
The City’s agent for proposal review and oversight is Darryll Olsen,Ph.D.,Paci?c Northwest
Project,and he may be contacted at 509-783-1623.Succinct written proposals may be sent to
DOlsenEcon(a;aol.com at any time.This RFP action will terminate on December 1,2022.
Proposals that do not comply with the RFP provisions will be rejected.The City has sole discretion
for acceptance of potential lease/purchase offerings.
2|Page
Page 108 of 170
Pasco City Council Meeting
October 9, 2023
Water Right Acquisition Fee AdjustmentPage 109 of 170
Water Rights
Potable Water
◦Source: Columbia River
◦Available withdrawal: 18,883 acre-feet/yr.
◦Ecology leased water: 10,000 acre-feet/yr.
◦$35/acre-ft = $350,000/yr. (2020)
◦2022 Usage: 15,873 acre-feet Page 110 of 170
Water Rights Acquisition
PMC 13.45.160 –Water & Sewers
◦Extending water beyond the city limit
PMC 21.05.120 -Subdivision Regulations
◦Assignment of water rights for
subdivision of landPage 111 of 170
Water Rights Acquisition
PMC 3.35.160 –Revenue and Finance
◦In-lieu Fees: $1,725/acre-foot
◦Irrigation: 50% of site @ 3 ½ acre-feet/year
per acre
◦Potable Water: 0.3 acre-feet/residential unit
◦Transfer Fee (Ecology)Page 112 of 170
Water Rights Acquisition
What is Missing?
Irrigation & Water Rights Transfers for:
◦Commercial Developments
◦Large Industrial Users: Food processors
◦Schools
◦Water Usage (versus water line extension)
◦Current Market Rate: $4,150/acre-footPage 113 of 170
Water Rights Acquisition
Developers Appear to Prefer
◦Pay In-Lieu Fee:
◦Existing Rights Transferred to other
properties
◦Sell Water Rights at Market Rate
◦Existing Rights Banked for later Transfer
or SalePage 114 of 170
Water Rights Acquisition
Water Rights Lease RFP
◦$310/acre-foot per year
◦No Escalators
◦Capital Equivalent of $4,150/acre-foot
◦20-Year Term
◦3 Respondents: ~4,000 acre-feet available
◦Annual Payment: $1,240,000.00Page 115 of 170
Water Rights Acquisition
Proposed PMC Changes
◦Water Usage vs. Water Line Extension
◦Within and beyond City Limits
◦Market Rate + 50% Surcharge
◦Encourage Transfers vs. In-Lieu Fee
◦Account for future value increasesPage 116 of 170
Water Rights Acquisition
Page 117 of 170
Pasco City Council Meeting
March 4, 2019Page 118 of 170
AGENDA REPORT
FOR: City Council June 15, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 10/10/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Ordinance - Amendment to Pasco Municipal Code Section 10.35.010 to
Include Burns Road Speed Limit Change
I. REFERENCE(S):
Draft Ordinance
Vicinity Map
Memo
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
The cost of reducing the speed limit on Burns Road would be minimal. The City
would need to purchase and install new speed limit signs.
IV. HISTORY AND FACTS BRIEF:
Burns Road west of Broadmoor Boulevard was previously maintained by
Franklin County (County) and recently annexed into the City of Pasco. The
posted speed limit along Burns Road, which was implemented by the County, is
50 miles per hour (mph).
In addition to the recent annexation, there are also new residential developments
along the segment of Burns Road west of Broadmoor Boulevard.
Staff evaluated the situation and recommended a speed study be completed to
assess if a reduced speed would provide more safety to drivers and pedestrians.
V. DISCUSSION:
Page 119 of 170
The City engaged the services of CivTech, a firm that specializes in traffic
engineering, analysis, and design. CivTech conducted a speed study of Burns
Road west of Broadmoor Blvd and the results of that study concluded the
following:
• No segments of Burns Road are within the tolerance levels of the posted
speed limit. Most of the 10-mph pace speeds do not include the 85th
percentile speeds, nor do they include the speed limit. All average speeds
are lower than the speed limit, with the highest average speed being 43
mph, 7 mph slower than the posted speed limit.
• residential the access to Burns Road traffic of majority The uses
neighborhoods along the roadway, with very few vehicles continuing west
along Burns Road past Kohler Road. Along Burns, there are currently 7
accesses to residential neighborhoods, 4 to the north of Burns Road and
3 to the south.
• The majority of the Principal Arterials within the city have a posted speed
limit between 25 and 35 mph. The roads directly surrounding Burns Road
east of Broadmoor Boulevard have a speed limit of 35 mph.
• The segment of Burns Road west of Broadmoor Boulevard is a two-lane
roadway with one lane of travel in each direction. Burns Road does not
have any sidewalk, curb, or gutter features, and there is no on-street
parking available for the entirety of the roadway segment.
• Based on the average speed along Burns Road, the number of vehicles
using Burns Road to access the residential developments, and speed limit
of surrounding Principal Arterial roadways in the Future 2038 Street
Functional Classification System Map, the appropriate speed limit for
Burns Road, west of Broadmoor Boulevard, is 35 mph.
Based on the Burns Road Speed Study, staff recommends amending the Pasco
Municipal Code (PMC) Section 10.35.030 to show a reduced speed limit on
Burns Road west of Broadmoor Boulevard from 50 mph to 35 mph.
This proposal would be consistent with Council’s traffic calming goals and would
help to reduce speeding and improve safety on Burns Road.
Page 120 of 170
Ordinance – Amending PMC 10.35.030 - 1
Version 09.01.23
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 10.35.030 “SPEED
LIMITS IN CERTAIN ZONES,” TO ESTABLISH A NEW SPEED LIMIT ON
BURNS ROAD WEST OF BROADMOOR BLVD.
WHEREAS, Burns Road west of Road 100 was annexed into the City of Pasco (City)
boundary on June 15, 2015, (Sharma Short Plat) & January 3, 2017, (Barker Ranch up to Archer
Estates Ph 2); and
WHEREAS, with the significant amount of residential development on both sides of Burns
Road the current posted speed of 50 miles per hour (MPH) no longer provides reasonable and safe
conditions; and
WHEREAS, A 35 MPH speed limit is recommended for this new section of roadway
based on a speed study prepared by a licensed Traffic Engineer; and
WHEREAS, the speed study considered roadway geometrics; Average Daily Traffic
counts, 85th percentile speeds, and vehicle counts; crash history; capacity/volume data; and
access/intersection density and spacing considerations, as compared with standard industry and
City guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amending PMC Section 10.35.030 “Speed Limits in Certain Zones,” is
hereby amended and shall read as follows:
10.35.030 Speed limits in certain zones.
It is determined upon the basis of an engineering and traffic investigation
that the speed permitted by state law upon the following streets is less than is
necessary for safe operation of vehicles thereon, by reason of the designation and
sign posting of the streets as arterial highways and/or by reason of widely spaced
intersections, and it is declared that the speed limit shall be as hereinafter set forth
on those streets or parts of streets designated in this section at the times specified
when signs are erected giving notice thereof:
45 MPH.
E. “A” Street (S. Cedar Avenue to SR-12);
Harris Road (W. Court Street to Broadmoor Boulevard);
W. Lewis Street (N. 20th Avenue to N. 28th Avenue);
N. 4th (north line Section 19 to City limits – Glade North);
N. Oregon Street (Hillsboro to north City limits);
Road 68 (Sandifur Parkway north to north City limits);
Page 121 of 170
Ordinance – Amending PMC 10.35.030 - 2
Version 09.01.23
Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford
Street);
Road 100 (Chelan Drive to FCID Canal);
Capital Avenue (Hillsboro Street to Foster Wells Road).
40 MPH.
S. 10th Avenue (Ainsworth Avenue to south City limits on the Intercity
Bridge);
Heritage Boulevard (SR-12 to “A” Street);
W. Court Street (Road 48 to Road 100);
E. Lewis Street (N. Cedar Avenue to SR-12);
Argent Road (N. 20th Avenue west to Road 36);
Argent Road (Road 44 west to Road 52);
W. Ainsworth Avenue (10th Avenue to Oregon Avenue);
N. Oregon Avenue (E. Ainsworth Street to SR-12);
Burden Boulevard (Road 36 to Road 60);
Road 36 (Argent Road to Burden Boulevard).
35 MPH.
W. “A” Street (N. 20th Avenue to S. Wehe Avenue);
E. “A” Street (S. Wehe Avenue to S. Cedar Avenue);
E. Ainsworth Street (Oregon Avenue to Sacajawea Park Road);
Argent Road (Road 68 west to Road 84);
Broadmoor Boulevard (Bedford Street to north City limits);
W. Court Street (Road 36 to Road 48);
W. Lewis Street (N.12th Avenue to N. 20th Avenue);
N. 4th Avenue (E. Court Street to SR-12);
N. 4th Avenue (SR-12 to north line Section 19);
S. 4th Avenue (W. “A” Street to W. Ainsworth Street);
W. Sylvester Street (N. 20th Avenue to Road 60);
Sandifur Parkway (Road 44 to Broadmoor Boulevard);
Commercial Avenue (Kartchner to Kahlotus Highway);
Industrial Way (Kartchner to Foster Wells Road);
Foster Wells Road (SR-395 to N. Oregon Avenue);
Sacajawea Park Road (SR-12 to E. Ainsworth Street);
Burden Boulevard (Road 60 to Road 76);
Road 100 (W. Court Street to Chelan Drive);
Road 60 (W. Sylvester Street to W. Court Street);
Road 68 (200 feet north of Valley View Pl to Sandifur Parkway);
Road 52 (Burden Blvd. to Sandifur Parkway);
Road 60 (Burden Blvd. to Sandifur Parkway);
Argent Road (From 20th Avenue to the east);
Madison Avenue (Road 44 to Burden Blvd.);
Road 44 (Argent to Madison Avenue);
Chapel Hill Blvd. (FCID Canal right-of-way to Churchill Downs Lane).
Burns Road (Broadmoor Blvd to Shoreline Road)
Page 122 of 170
Ordinance – Amending PMC 10.35.030 - 3
Version 09.01.23
30 MPH.
S. 10th Avenue (W. Ainsworth Avenue to W. Sylvester Street);
N. 20th (W. “A” Street to airport terminal);
W. “A” Street (N. 20th Avenue to Road 28);
W. Clark Street (W. 5th Avenue to N. 18th Avenue);
W. Court Street (N. 1st Avenue west to Road 36);
W. Court Street (Road 100 to Harris Road);
E. Lewis Street (N. Beech Avenue to N. Cedar Avenue);
28th Avenue (W. “A” Street to W. Lewis Street);
W. Sylvester Street (N. 20th Avenue to N. 7th Avenue);
Road 34 (W. Sylvester Street to W. Court Street);
Road 84 (Chapel Hill Blvd. to Argent Road);
Clemente Lane (Burden Blvd. to Wrigley Drive);
Wrigley Drive (Road 76 to Clemente Drive).
[Ord. 4488 § 1, 2020; Ord. 4151, 2014; Ord. 4045, 2012; Ord. 4025, 2011; Ord.
4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 § 1, 2005; Ord. 3716 § 1,
2005; Ord. 3630 § 1, 2003; Ord. 3395 § 1, 1999; Ord. 3293 § 1, 1998; Ord. 3292
§ 1, 1998; Ord. 3217 § 1, 1997; Ord. 2891 § 1, 1992; Ord. 2818 § 1-4, 1991; Ord.
2795 § 1-5, 1990; Ord. 2644 § 1, 1987; Ord. 2536 § 1, 1985; Ord. 2493 § 1, 1984;
Ord. 2486 § 1, 1984; Ord. 2165 § 1, 1980; Ord. 1979 § 1, 1978; Ord. 1793 § 1,
1976; Ord. 1578 § 1, 1973; Ord. 1475 § 1, 1971; Code 1970 § 10.24.040; Code
1954 § 8-14.12.]
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validi ty or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Page 123 of 170
Ordinance – Amending PMC 10.35.030 - 4
Version 09.01.23
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
202_.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 124 of 170
35MPH Road 100 EXHIBIT A Page 125 of 170
SPEED LIMIT MEMORANDUM
CivTech Inc. • 14720 East 20th Avenue • Spokane Valley, WA 99037
Phone: 602.290.3016 • Fax: 480.659.0566
October 2, 2023
Mr. Steve Worley, PE
Public Works Director
City of Pasco
525 North 3rd Avenue
Pasco, Washington 99301
RE: SPEED LIMIT MEMORANDUM FOR BURNS ROAD WEST OF BROADMOOR BOULEVARD – PASCO,
WASHINGTON
Dear Mr. Worley:
Thank you for retaining CivTech to provide this speed limit analysis for Burns Road west of Broadmoor
Boulevard in the City of Pasco, Washington. This segment of roadway, previously maintained by
Franklin County, was recently annexed by the City of Pasco. The posted speed limit along Burns
Road, which was implemented by the County, is 50 miles per hour (mph). In addition to the recent
annexation, there are also new residential developments along the segment of Burns Road west of
Broadmoor Boulevard.
The purpose of this memorandum is to document the existing (2023) traffic conditions along Burns
Road, west of Broadmoor Boulevard, and evaluate the speed data along the roadway segment to
determine if the current posted speed limit is appropriate based on the Manual on Uniform Traffic
Control Devices (MUTCD) 2009 criteria.
PARAMETERS USED TO SET AND EVALUATE SPEED LIMIT AND DATA
The majority of motorists drive at a speed that they consider reasonable and safe for existing
conditions. Posted limits that are set higher or lower than those dictated by roadway and traffic
conditions are ignored by the majority of motorists. Realistic speed limits help preserve uniformity of
speed. Uniformity of speed is valuable for a number of reasons:
It maintains consistency in traffic gaps for crossing traffic;
It enables pedestrians to more accurately judge the speed of traffic for crossings; and,
It reduces the possibility of conflict between faster and slower drivers.
Establishing roadway speeds is generally based on the principle of setting speeds as near as
practicable to the speed that 85% of the drivers consider to be reasonable and prudent, i.e., the 85th
percentile speed. The 85th percentile speed correlates to the first standard deviation above the mean;
statistically the first standard deviation is the average speed of motorists above the mean speed.
First, however, an engineering and traffic investigation shall show roadway conditions to be
satisfactory for that speed. Speed limits thus established encourage voluntary compliance because
they appear reasonable to the majority of motorists.
While the roadway design speed has been cited by some transportation professionals as a basis for
limiting the maximum speed limit, the determination of design and realistic speed zones are two
Page 126 of 170
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 2
separate and distinct activities that should not be combined to establish speed zones that are
unreasonable to motorists. The design speed is selected to establish roadway design criteria such as
width, alignment, and profile. Once the roadway is constructed, the driver operates at a speed they
determine is reasonably safe and prudent, usually represented by the 85th percentile speed. The
engineering and traffic investigation evaluates the operating conditions on the roadway and reviews
the roadway characteristics and speeds that motorists consider reasonable.
To achieve a comfortable operating speed, a specific location may justify a speed that is lower than
the lawful posted speed for a given section of roadway, such as an isolated horizontal curve on an
otherwise straight section. Such locations may be treated by the application of special warning signs
such as Curve and Turn signs with supplemental advisory speed plates.
EXISTING DATA
SPEED DATA: CivTech engaged All Traffic Data Services, Inc. (ATD) to conduct speed counts at four
(4) segments identified below along Burns Road. The 24-hour speed counts were conducted over a
3-day span, from Tuesday July 18, 2023 until Thursday July 20, 2023. The posted speed limit along
Burns Road is 50 mph. Table 1 provides the results of the speed counts for Burns Road between
Kohler Road and Broadmoor Boulevard at the following locations:
Burns Road west of Kohler Road Burns Road west of Dent Road
Burns Road west of Road 108 Burns Road west of Broadmoor Boulevard
Table 1 – Speed Data Summary
In general, it is ideal to have the 50th percentile, the 85th percentile, the average, and the posted
Intersection Direction
Speeds (mph)
Posted Average 50th
%tile
10 mph
Pace
85th
%tile
Burns Road west of
Kohler Road
EB 50 31 34 31-40 44
WB 50 35 36 31-40 44
Burns Road west of Dent
Road
EB 50 41 44 41-50 52
WB 50 43 46 46-55 53
Burns Road west of Road
108
EB 50 24 14 6-15 49
WB 50 40 44 46-55 52
Burns Road west of
Broadmoor Boulevard
EB 50 40 40 36-45 45
WB 50 41 41 36-45 47
Page 127 of 170
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 3
speeds to be within the 10-mph pace speed. It is also ideal to have the 85th percentile speed be
within 5-mph of the posted speed limit.
The results of the speed data summarized in Table 1 indicate that no segments of Burns Road are
within the tolerance levels of the posted speed limit. The majority of the 10-mph pace speeds do not
include the 85th percentile speeds, nor do they include the speed limit. All average speeds are lower
than the speed limit, with the highest average speed being 43 mph, 7 mph slower than the posted
speed limit. Speed data on Burns Road west of Dent Road and west of Road 108 seem to align closely
with the current posted speed limit of 50 mph. It should be noted that site development construction
activity was occurring during the speed data collection which resulted in slower speeds in the
eastbound direction west of Road 108.
The 85th percentile speeds for the study segments range from 44 mph to 53 mph. The average speeds
for the study segments range from 31 mph to 43 mph and the 50th percentile speeds range from 34
mph to 46 mph. The speed data collected suggests that the posted speed limit could be reduced and
still be adhered to by the majority of traffic.
The City of Pasco Comprehensive Plan, August 2020, Future 2038 Street Functional Classification
System Map shows Burns Road as Principal Arterial. Other Principal Arterials within Pasco have speed
limits ranging from 25 mph to 45 mph. 4th Avenue has a speed limit of 25 mph; Court Street and 20th
Avenue have a speed limit of 30 mph; Burns Road (East of Broadmoor Boulevard), Broadmoor
Boulevard, Road 68, and Road 100 have a speed limit of 35 mph; Oregon Avenue, Ainsworth Street,
and 10th Avenue have a speed limit of 40 mph; Lewis Street has a speed limit of 45 mph. It should
be noted that Oregon Avenue, Ainsworth Street, and 10th Avenue are a part of Washington State
Highway 397 (WA-397).
The majority of the Principal Arterials within the city have a posted speed limit between 25 and 35
mph. The roads directly surrounding Burns Road east of Broadmoor Boulevard have a speed limit of
35 mph.
Table 2 documents the traffic volumes collected as part of the study.
Page 128 of 170
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 4
Table 2 –Traffic Volume Counts Summary
Intersection Direction Date 24-Hour
Volume
AM Peak
Hour
Volume
PM Peak
Hour
Volume
Kohler Road & Burns
Road
EB
7/18/2023 202 17 11
7/19/2023 237 23 24
7/20/2023 233 21 24
WB
7/18/2023 157 21 15
7/19/2023 202 15 19
7/20/2023 192 15 22
Dent Road & Burns Road
EB
7/18/2023 1805 138 153
7/19/2023 1773 133 126
7/20/2023 1652 152 112
WB
7/18/2023 1725 121 184
7/19/2023 1652 106 164
7/20/2023 1668 103 168
Road 108 & Burns Road
EB
7/18/2023 2316 173 158
7/19/2023 2149 170 141
7/20/2023 2188 165 139
WB
7/18/2023 2346 174 251
7/19/2023 2093 137 236
7/20/2023 2253 169 198
Broadmoor Boulevard &
Burns Road
EB
7/18/2023 2790 199 208
7/19/2023 2628 199 212
7/20/2023 2614 183 188
WB
7/18/2023 2726 187 272
7/19/2023 2582 172 252
7/20/2023 2592 161 232
The results of the traffic volume counts summarized in Table 2 indicate that the majority of traffic
uses Burns Road to access the residential neighborhoods along the roadway, with very few vehicles
continuing west along Burns Road past Kohler Road. Along Burns, there are currently 7 accesses to
residential neighborhoods, 4 to the north of Burns Road and 3 to the south.
OTHER CONSIDERATION
ROADSIDE FEATURES
The segment of Burns Road west of Broadmoor Boulevard is a two-lane roadway with one lane of
travel in each direction. Along the entirety of the segment, the westbound lane has a minimum of a
5-foot shoulder. Along the frontage of the residential developments, the fence line has a minimum
setback of 20 feet. The eastbound lane has a minimum 5-foot shoulder, and a minimum setback of
6-feet. West of Kohler Road, there are no striped shoulders. Burns Road does not have any sidewalk,
curb or gutter features, and there is no on-street parking available for the entirety of the roadway
segment. A multi-use pathway does exist on the south side of Burns Road between Road 119 and
Road 122. It is anticipated that the pathway will continue to be built and expand to the east and west
as residential development continues to occur.
Page 129 of 170
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 5
Burns Road is currently classified as a collector roadway and will continue to function as a collector
roadway with the continuation of the adjacent residential development. There are limited direct
access points to Burns Road by residential units. Most of the connections to Burns Road are via
residential local roadways. The future classification of Burns Road is expected to be a principal arterial
based on the Future 2038 Street Functional Classification System map in the City of Pasco
Comprehensive Plan.
SIGHT DISTANCE
Google Earth images reveal that sight distance may be jeopardized by the addition of fences along
residential developments. In addition, the grading between Dent Road and Road 119 poses a sight
distance hazard for vehicles turning left off of Dent Road. Many of the new developments include
residential walls separating the residential units and creating a border between the residential
development and Burns Road. Sight distance from each residential local roadway should be
maximized as much as possible.
ADJACENT ROADWAY SPEED LIMITS
Burns Road to the east of Broadmoor Boulevard has a similar function to the study segment and is
posted with a 35-mph speed limit. Burns Road east of Broadmoor Boulevard is currently a collector
roadway and is expected to also be converted to a principal arterial in the future as the City continues
to expand and as development continues to occur in the region.
Broadmoor Boulevard south of Burns Road is currently a collector roadway and is expected to also
be converted to a principal arterial in the future as the City continues to expand and as development
continues to occur in the region. The posted speed limit on Broadmoor Boulevard south of Burns
Road is 35 mph.
Dent Road, north of Burns Road, is classified as a collector roadway and is expected to continue to
serve as such into the future. The posted speed limit on Dent Road north of Burns Road is 35 mph.
Kohler Road, north of Burns Road, serves as a local roadway with a posted speed limit of 35 mph.
Road 119 and Road 122 are newly constructed residential roadways and do not have a posted speed
limit. Given the characteristics of both roadways, with direct and closely spaced driveways, it is
expected that both will have a posted speed limit of 25 mph.
RECOMMENDATIONS
The 50-mph posted speed limit along Burns Road, west of Broadmoor Boulevard, implemented by
the County, is no longer representative of the current development occurring along Burns Road, is
too high based on the connecting roadways to Burns Road, and is too high based on the speed data
collected and analyzed. The recent development of residential neighborhoods along the segment of
roadway, the possible sight distance restrictions, and the average speed on the roadway showing
that vehicles typically drive 10-mph slower than the current posted speed, prove that the posted
speed limit on Burns Road should be lowered. Based on the average speed along Burns Road, the
amount of vehicles using Burns Road to access the residential developments, and speed limit of
Page 130 of 170
Speed Limit Memorandum
Burns Road – Pasco, Washington
Page 6
surrounding roadways, the appropriate speed limit for Burns Road, west of Broadmoor Boulevard, is
35 mph.
CONCLUSIONS
From the above, the following can be concluded:
No segments of Burns Road are within the tolerance levels of the posted speed limit. The majority
of the 10-mph pace speeds do not include the 85th percentile speeds, nor do they include the
speed limit. All average speeds are lower than the speed limit, with the highest average speed
being 43 mph, 7 mph slower than the posted speed limit. Five of the roadway segments also
experience an 85th percentile speed lower than the speed limit. This indicates that the posted
speed limit is too high for the majority of drivers along the roadway segment.
The majority of traffic uses Burns Road to access the residential neighborhoods along the
roadway, with very few vehicles continuing west along Burns Road past Kohler Road. Along Burns,
there are currently 7 accesses to residential neighborhoods, 4 to the north of Burns Road and 3
to the south.
The majority of the Principal Arterials within the city have a posted speed limit between 25 and
35 mph. The roads directly surrounding Burns Road east of Broadmoor Boulevard have a speed
limit of 35 mph.
The segment of Burns Road west of Broadmoor Boulevard is a two-lane roadway with one lane
of travel in each direction. Burns Road does not have any sidewalk, curb, or gutter features, and
there is no on-street parking available for the entirety of the roadway segment.
Based on the average speed along Burns Road, the amount of vehicles using Burns Road to
access the residential developments, and speed limit of surrounding Principal Arterial roadways
in the Future 2038 Street Functional Classification System Map, the appropriate speed limit for
Burns Road, west of Broadmoor Boulevard, is 35 mph.
Thank you for allowing CivTech to assist you on this project. Please contact me with any questions
you may have on this Traffic Statement.
Sincerely,
CivTech
Sean Messner, PE
Senior Project Manager
Attachments (2)
A. Speed Count Data
B. Future 2038 Street Classification Map
"Z:\Civtech\Projects\22-0310-WA City of Pasco Traffic Engineering Services On-Call, Pasco\Submittals\1st Submittal\Drafts\Speed Limit Memo V1_0.docx" "
Page 131 of 170
Page 1
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 0 0 0 0 0 2 0 0 0 0 0 0 2 40-49 2
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 0 0 0 0 2 0 0 0 0 0 2 45-54 2
06:00 0 0 0 0 1 1 0 1 0 0 0 0 0 0 3 29-38 2
07:00 1 0 1 0 2 4 0 0 0 0 0 0 0 0 8 31-40 6
08:00 4 0 0 1 3 1 0 0 0 1 0 0 0 0 10 31-40 4
09:00 4 0 0 0 1 0 3 2 1 1 0 0 0 0 12 41-50 5
10:00 5 0 0 1 4 4 3 0 0 0 0 0 0 0 17 31-40 8
11:00 4 0 0 0 0 3 4 3 0 0 0 0 0 0 14 36-45 7
12 PM 1 0 0 1 3 2 4 2 0 0 0 0 0 0 13 41-50 6
13:00 0 0 0 0 5 2 2 1 0 0 0 0 0 0 10 31-40 7
14:00 6 0 0 2 2 3 2 0 0 0 0 0 0 0 15 36-45 5
15:00 3 0 0 1 0 6 1 1 0 0 0 0 0 0 12 34-43 7
16:00 7 0 0 1 2 0 2 3 1 0 0 0 0 0 16 41-50 5
17:00 7 0 1 1 0 3 5 3 0 1 0 0 0 0 21 36-45 8
18:00 2 0 0 0 2 3 3 2 0 0 0 0 0 0 12 36-45 6
19:00 1 0 0 0 0 0 4 0 1 0 0 0 0 0 6 41-50 4
20:00 5 0 0 0 2 2 1 3 0 1 0 0 0 1 15 31-40 4
21:00 2 0 0 0 3 2 0 0 0 2 0 1 0 0 10 31-40 5
22:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
23:00 0 0 0 0 0 0 1 1 0 0 0 0 0 0 2 39-48 2
Total 52 0 2 9 30 37 35 24 5 6 0 1 0 1 202
Percent 25.7%0.0%1.0%4.5%14.9%18.3%17.3%11.9%2.5%3.0%0.0%0.5%0.0%0.5%
AM Peak 10:00 07:00 08:00 10:00 07:00 11:00 11:00 05:00 08:00 10:00
Vol.5 1 1 4 4 4 3 2 1 17
PM Peak 16:00 17:00 14:00 13:00 15:00 17:00 16:00 16:00 21:00 21:00 20:00 17:00
Vol.7 1 2 5 6 5 3 1 2 1 1 21 Page 132 of 170
Page 2
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 34-43 1
01:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
06:00 1 0 1 0 0 2 1 0 0 0 0 0 0 0 5 36-45 3
07:00 0 1 0 2 0 1 3 1 0 0 0 0 0 0 8 41-50 4
08:00 0 0 0 0 3 7 2 2 2 1 0 0 0 0 17 31-40 10
09:00 4 0 0 2 7 1 0 0 0 0 0 0 0 0 14 26-35 9
10:00 9 0 1 0 7 5 1 0 0 0 0 0 0 0 23 31-40 12
11:00 2 0 0 1 4 3 1 1 0 0 0 0 0 0 12 30-39 7
12 PM 5 0 0 0 4 3 1 3 1 0 0 0 0 0 17 31-40 7
13:00 6 0 0 2 3 7 2 3 1 0 0 0 0 0 24 31-40 10
14:00 9 0 0 1 3 2 3 2 0 0 0 0 0 0 20 6-15 6
15:00 7 0 0 1 1 5 2 0 0 0 0 0 0 0 16 36-45 7
16:00 6 0 0 1 2 4 2 1 1 0 0 0 0 0 17 36-45 6
17:00 5 0 0 0 3 2 1 0 0 0 0 0 0 0 11 31-40 5
18:00 1 0 0 0 0 4 3 0 0 0 0 0 0 0 8 36-45 7
19:00 1 0 0 1 0 3 3 1 1 1 0 0 0 0 11 36-45 6
20:00 1 0 0 2 4 2 5 1 0 0 0 0 0 0 15 36-45 7
21:00 2 0 0 2 0 3 2 2 0 0 0 0 0 0 11 36-45 5
22:00 0 0 1 0 1 2 1 0 1 0 0 0 0 0 6 36-45 3
23:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
Total 59 1 3 15 42 57 34 17 7 2 0 0 0 0 237
Percent 24.9%0.4%1.3%6.3%17.7%24.1%14.3%7.2%3.0%0.8%0.0%0.0%0.0%0.0%
AM Peak 10:00 07:00 06:00 07:00 09:00 08:00 07:00 08:00 08:00 08:00 10:00
Vol.9 1 1 2 7 7 3 2 2 1 23
PM Peak 14:00 22:00 13:00 12:00 13:00 20:00 12:00 12:00 19:00 13:00
Vol.9 1 2 4 7 5 3 1 1 24 Page 133 of 170
Page 3
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 1 0 0 0 0 1 1 0 0 0 0 0 0 0 3 34-43 2
06:00 1 0 1 0 1 1 1 0 0 0 0 0 0 0 5 36-45 2
07:00 1 1 0 0 3 2 1 1 0 0 0 0 0 0 9 31-40 5
08:00 3 0 0 1 4 2 3 0 0 0 0 0 0 1 14 29-38 6
09:00 1 0 1 1 3 2 1 3 0 0 0 0 0 0 12 29-38 5
10:00 6 0 0 0 2 3 2 2 0 0 0 0 0 0 15 36-45 5
11:00 9 0 1 1 4 1 4 0 1 0 0 0 0 0 21 6-15 6
12 PM 7 0 0 2 3 1 0 2 1 0 0 0 0 0 16 26-35 5
13:00 12 0 0 1 3 4 4 0 0 0 0 0 0 0 24 36-45 8
14:00 4 0 0 1 1 3 2 1 0 0 0 0 0 0 12 36-45 5
15:00 8 0 0 1 4 3 2 0 2 0 0 0 0 0 20 30-39 7
16:00 4 0 0 1 1 3 5 1 0 0 0 0 0 0 15 36-45 8
17:00 4 0 0 0 2 4 4 3 1 0 0 0 0 0 18 35-44 8
18:00 2 0 0 3 0 1 2 1 1 0 1 0 0 0 11 41-50 3
19:00 4 0 0 1 1 0 3 1 2 1 0 0 0 0 13 41-50 4
20:00 2 0 0 0 3 2 3 0 0 0 0 0 0 0 10 30-39 5
21:00 2 0 0 0 1 1 1 3 1 0 0 0 0 0 9 46-55 4
22:00 0 0 0 1 1 0 0 0 0 0 0 0 0 0 2 24-33 2
23:00 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 30-39 2
Total 71 1 3 14 39 36 39 18 9 1 1 0 0 1 233
Percent 30.5%0.4%1.3%6.0%16.7%15.5%16.7%7.7%3.9%0.4%0.4%0.0%0.0%0.4%
AM Peak 11:00 07:00 06:00 08:00 08:00 10:00 11:00 09:00 11:00 08:00 11:00
Vol.9 1 1 1 4 3 4 3 1 1 21
PM Peak 13:00 18:00 15:00 13:00 16:00 17:00 15:00 19:00 18:00 13:00
Vol.12 3 4 4 5 3 2 1 1 24
Total 182 2 8 38 111 130 108 59 21 9 1 1 0 2 672
Percent 27.1%0.3%1.2%5.7%16.5%19.3%16.1%8.8%3.1%1.3%0.1%0.1%0.0%0.3%
15th Percentile : 8 MPH
50th Percentile : 34 MPH
85th Percentile : 44 MPH
95th Percentile : 49 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 241
Percent in Pace : 35.9%
Number of Vehicles > 50 MPH : 34
Percent of Vehicles > 50 MPH : 5.1%
Mean Speed(Average) : 31 MPHPage 134 of 170
Page 4
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
01:00 0 0 0 0 0 0 2 0 0 0 0 0 0 0 2 35-44 2
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 0 2 1 0 0 0 0 0 0 0 3 34-43 3
06:00 1 1 2 0 1 3 1 0 0 0 0 0 0 0 9 36-45 4
07:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
08:00 0 1 0 3 1 3 2 0 0 0 0 0 0 0 10 36-45 5
09:00 2 1 0 1 4 0 2 1 0 0 0 0 0 0 11 26-35 5
10:00 1 0 0 0 2 1 1 1 0 0 0 0 0 0 6 31-40 3
11:00 0 0 0 1 1 3 1 3 0 0 0 0 0 0 9 41-50 4
12 PM 0 0 0 2 2 5 5 1 0 0 0 0 0 0 15 36-45 10
13:00 3 0 0 1 3 3 1 0 0 0 0 0 0 0 11 30-39 6
14:00 4 0 1 3 0 1 1 2 0 0 0 0 0 0 12 21-30 4
15:00 1 0 0 1 3 2 3 0 0 0 0 0 0 0 10 29-38 5
16:00 1 0 0 1 0 5 1 3 2 0 0 0 0 0 13 34-43 6
17:00 1 0 0 0 1 3 4 0 1 0 0 0 0 0 10 36-45 7
18:00 0 0 0 0 2 3 1 2 1 0 0 0 0 0 9 31-40 5
19:00 0 0 0 0 0 0 2 5 0 0 0 0 0 0 7 41-50 7
20:00 0 0 0 1 2 2 1 0 0 0 0 0 0 0 6 31-40 4
21:00 0 0 0 1 0 2 3 0 0 0 0 0 0 0 6 36-45 5
22:00 0 0 0 0 0 3 1 0 0 0 0 0 0 0 4 34-43 4
23:00 0 0 0 0 0 1 1 0 0 0 0 0 0 0 2 34-43 2
Total 14 3 3 16 23 42 34 18 4 0 0 0 0 0 157
Percent 8.9%1.9%1.9%10.2%14.6%26.8%21.7%11.5%2.5%0.0%0.0%0.0%0.0%0.0%
AM Peak 09:00 06:00 06:00 08:00 09:00 06:00 01:00 11:00 09:00
Vol.2 1 2 3 4 3 2 3 11
PM Peak 14:00 14:00 14:00 13:00 12:00 12:00 19:00 16:00 12:00
Vol.4 1 3 3 5 5 5 2 15 Page 135 of 170
Page 5
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 *1
05:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
06:00 1 2 1 0 2 4 0 1 1 0 0 0 0 0 12 31-40 6
07:00 1 1 0 1 2 2 2 1 0 0 0 0 0 0 10 36-45 4
08:00 0 0 0 3 3 1 1 1 0 0 0 0 0 0 9 26-35 6
09:00 1 0 2 2 7 2 1 0 0 0 0 0 0 0 15 31-40 9
10:00 1 0 0 6 2 5 1 0 0 0 0 0 0 0 15 26-35 8
11:00 0 0 0 1 3 1 2 5 0 0 0 0 0 0 12 41-50 7
12 PM 0 0 0 1 3 4 4 2 0 0 0 0 0 0 14 36-45 8
13:00 0 0 0 2 5 5 3 1 0 1 0 0 0 0 17 31-40 10
14:00 2 0 0 1 3 1 4 3 0 0 0 0 0 0 14 40-49 7
15:00 1 0 0 0 4 2 2 0 1 0 0 0 0 0 10 31-40 6
16:00 2 0 1 1 4 6 3 2 0 0 0 0 0 0 19 31-40 10
17:00 0 0 0 2 2 1 1 0 0 0 0 0 0 0 6 26-35 4
18:00 1 0 0 0 2 1 4 1 0 0 0 0 0 0 9 35-44 5
19:00 2 0 0 0 1 2 3 2 0 0 0 0 0 0 10 41-50 5
20:00 2 0 0 3 1 6 2 1 0 0 0 0 0 0 15 36-45 8
21:00 0 0 1 0 3 2 3 2 0 0 0 0 0 0 11 41-50 5
22:00 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 30-39 2
23:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
Total 15 3 5 23 47 48 36 22 2 1 0 0 0 0 202
Percent 7.4%1.5%2.5%11.4%23.3%23.8%17.8%10.9%1.0%0.5%0.0%0.0%0.0%0.0%
AM Peak 04:00 06:00 09:00 10:00 09:00 10:00 07:00 11:00 06:00 09:00
Vol.1 2 2 6 7 5 2 5 1 15
PM Peak 14:00 16:00 20:00 13:00 16:00 12:00 14:00 15:00 13:00 16:00
Vol.2 1 3 5 6 4 3 1 1 19 Page 136 of 170
Page 6
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
01:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 0 0 0 0 1 0 1 1 0 0 0 0 0 0 3 39-48 2
06:00 3 0 1 0 1 0 2 0 0 0 1 0 0 0 8 41-50 2
07:00 0 0 0 1 1 2 0 1 0 0 0 0 0 0 5 31-40 3
08:00 1 0 1 1 2 1 1 0 0 0 0 0 0 0 7 31-40 3
09:00 0 0 0 2 7 2 1 0 0 1 0 0 0 0 13 31-40 9
10:00 3 0 0 0 4 3 3 1 0 0 0 0 0 0 14 31-40 7
11:00 1 0 2 1 6 3 2 0 0 0 0 0 0 0 15 30-39 9
12 PM 1 0 0 2 4 5 7 2 0 1 0 0 0 0 22 36-45 12
13:00 2 0 0 2 3 3 2 1 0 0 0 0 0 0 13 31-40 6
14:00 3 0 0 1 4 5 1 1 0 0 0 0 0 0 15 31-40 9
15:00 2 0 0 2 4 2 5 1 0 0 0 0 0 0 16 36-45 7
16:00 3 0 0 1 1 1 0 1 1 0 0 0 0 0 8 46-55 2
17:00 2 0 0 3 4 2 1 0 1 0 0 0 0 0 13 26-35 7
18:00 1 0 0 0 1 2 3 2 2 0 0 0 0 0 11 41-50 5
19:00 0 0 0 1 5 6 2 0 0 0 0 0 0 0 14 31-40 11
20:00 0 0 0 0 3 2 2 0 1 0 0 0 0 0 8 31-40 5
21:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
22:00 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 29-38 1
23:00 0 0 0 0 2 0 1 0 0 0 0 0 0 0 3 25-34 2
Total 22 0 4 17 54 42 34 11 5 2 1 0 0 0 192
Percent 11.5%0.0%2.1%8.9%28.1%21.9%17.7%5.7%2.6%1.0%0.5%0.0%0.0%0.0%
AM Peak 06:00 11:00 09:00 09:00 10:00 10:00 05:00 09:00 06:00 11:00
Vol.3 2 2 7 3 3 1 1 1 15
PM Peak 14:00 17:00 19:00 19:00 12:00 12:00 18:00 12:00 12:00
Vol.3 3 5 6 7 2 2 1 22
Total 51 6 12 56 124 132 104 51 11 3 1 0 0 0 551
Percent 9.3%1.1%2.2%10.2%22.5%24.0%18.9%9.3%2.0%0.5%0.2%0.0%0.0%0.0%
15th Percentile : 26 MPH
50th Percentile : 36 MPH
85th Percentile : 44 MPH
95th Percentile : 48 MPH
Stats 10 MPH Pace Speed : 31-40 MPH
Number in Pace : 256
Percent in Pace : 46.5%
Number of Vehicles > 50 MPH : 15
Percent of Vehicles > 50 MPH : 2.7%
Mean Speed(Average) : 35 MPHPage 137 of 170
Page 1
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 2 1 3
01:00 0 2 2
02:00 1 0 1
03:00 0 0 0
04:00 0 0 0
05:00 2 3 5
06:00 3 9 12
07:00 8 1 9
08:00 10 10 20
09:00 12 11 23
10:00 17 6 23
11:00 14 9 23
12:00 PM 13 15 28
01:00 10 11 21
02:00 15 12 27
03:00 12 10 22
04:00 16 13 29
05:00 21 10 31
06:00 12 9 21
07:00 6 7 13
08:00 15 6 21
09:00 10 6 16
10:00 1 4 5
11:00 2 2 4
Total 202 157 359
Percent 56.3%43.7%
AM Peak -10:00 09:00 ------09:00
Vol.-17 11 ------23
PM Peak -17:00 12:00 ------17:00
Vol.-21 15 ------31Page 138 of 170
Page 2
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 1 0 1
01:00 1 0 1
02:00 0 0 0
03:00 0 0 0
04:00 0 1 1
05:00 0 1 1
06:00 5 12 17
07:00 8 10 18
08:00 17 9 26
09:00 14 15 29
10:00 23 15 38
11:00 12 12 24
12:00 PM 17 14 31
01:00 24 17 41
02:00 20 14 34
03:00 16 10 26
04:00 17 19 36
05:00 11 6 17
06:00 8 9 17
07:00 11 10 21
08:00 15 15 30
09:00 11 11 22
10:00 6 2 8
11:00 0 0 0
Total 237 202 439
Percent 54.0%46.0%
AM Peak -10:00 09:00 ------10:00
Vol.-23 15 ------38
PM Peak -13:00 16:00 ------13:00
Vol.-24 19 ------41Page 139 of 170
Page 3
Site Code: 1
BURNS RD W.O KOHLER RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 1 1 2
01:00 0 1 1
02:00 1 0 1
03:00 0 0 0
04:00 0 0 0
05:00 3 3 6
06:00 5 8 13
07:00 9 5 14
08:00 14 7 21
09:00 12 13 25
10:00 15 14 29
11:00 21 15 36
12:00 PM 16 22 38
01:00 24 13 37
02:00 12 15 27
03:00 20 16 36
04:00 15 8 23
05:00 18 13 31
06:00 11 11 22
07:00 13 14 27
08:00 10 8 18
09:00 9 1 10
10:00 2 1 3
11:00 2 3 5
Total 233 192 425
Percent 54.8%45.2%
AM Peak -11:00 11:00 ------11:00
Vol.-21 15 ------36
PM Peak -13:00 12:00 ------12:00
Vol.-24 22 ------38
Grand Total 672 551 1223
Percent 54.9%45.1%
ADT ADT 408 AADT 408Page 140 of 170
Page 1
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 1 9 0 0 1 2 4 0 1 1 0 0 19 21-30 10
01:00 4 0 1 0 0 0 0 0 0 0 0 0 0 0 5 1-10 3
02:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
03:00 0 0 2 0 0 0 0 1 4 1 0 1 1 0 10 49-58 5
04:00 0 0 0 0 2 3 6 5 7 1 1 0 0 0 25 44-53 12
05:00 0 0 0 0 1 4 7 19 16 10 1 1 1 0 60 46-55 35
06:00 1 0 0 1 0 5 11 26 30 14 4 0 1 0 93 46-55 56
07:00 5 0 1 0 2 14 21 36 27 11 0 0 0 0 117 46-55 63
08:00 21 1 6 4 5 11 26 31 16 12 3 2 0 0 138 41-50 57
09:00 2 1 0 3 7 20 24 18 18 4 3 0 0 0 100 36-45 44
10:00 4 0 0 2 5 15 22 27 10 7 1 0 0 0 93 41-50 49
11:00 18 1 1 1 6 14 27 22 18 4 0 0 0 0 112 41-50 49
12 PM 21 0 3 2 13 21 31 19 14 8 0 1 0 0 133 36-45 52
13:00 16 0 1 8 7 16 13 16 14 5 1 0 0 1 98 44-53 30
14:00 19 1 1 0 10 19 19 24 14 7 1 0 0 0 115 41-50 43
15:00 3 0 0 6 11 24 16 28 16 2 2 2 0 0 110 46-55 44
16:00 17 0 2 4 12 14 18 19 19 4 1 0 0 0 110 44-53 38
17:00 50 0 0 0 3 20 20 26 24 9 1 0 0 0 153 46-55 50
18:00 15 0 0 4 6 9 20 24 15 7 2 1 0 0 103 41-50 44
19:00 10 0 0 1 1 9 10 13 11 3 0 0 0 0 58 46-55 24
20:00 14 0 0 1 6 8 11 13 10 1 1 0 0 0 65 41-50 24
21:00 8 0 0 1 2 9 11 8 4 0 0 1 0 0 44 36-45 20
22:00 10 0 0 1 2 3 6 5 1 0 0 0 0 0 28 40-49 11
23:00 9 0 0 1 0 1 2 2 0 0 0 0 0 0 15 6-15 6
Total 247 4 19 49 102 239 322 384 292 110 23 10 3 1 1805
Percent 13.7%0.2%1.1%2.7%5.7%13.2%17.8%21.3%16.2%6.1%1.3%0.6%0.2%0.1%
AM Peak 08:00 08:00 08:00 00:00 09:00 09:00 11:00 07:00 06:00 06:00 06:00 08:00 03:00 08:00
Vol.21 1 6 9 7 20 27 36 30 14 4 2 1 138
PM Peak 17:00 14:00 12:00 13:00 12:00 15:00 12:00 15:00 17:00 17:00 15:00 15:00 13:00 17:00
Vol.50 1 3 8 13 24 31 28 24 9 2 2 1 153 Page 141 of 170
Page 2
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 1 1 1 0 1 0 1 0 0 0 0 5 31-40 2
01:00 1 0 0 0 0 1 0 1 2 0 0 0 0 0 5 45-54 3
02:00 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 *1
03:00 1 0 0 1 0 1 1 1 1 3 1 0 0 0 10 56-65 4
04:00 1 0 0 0 2 1 5 5 6 5 0 0 0 0 25 44-53 11
05:00 2 0 0 1 0 5 8 9 22 5 2 0 0 0 54 46-55 31
06:00 13 2 0 1 0 6 11 20 19 11 6 1 0 0 90 46-55 39
07:00 6 0 0 0 5 9 21 40 26 11 2 0 0 0 120 46-55 66
08:00 13 0 3 0 3 16 25 37 26 9 1 0 0 0 133 46-55 63
09:00 16 3 1 4 6 24 22 22 18 2 4 0 0 0 122 36-45 46
10:00 17 1 1 4 9 22 22 29 17 3 0 0 0 0 125 41-50 51
11:00 15 0 0 1 7 21 25 26 14 7 3 0 0 0 119 41-50 51
12 PM 15 0 2 1 11 21 22 17 15 5 0 0 0 0 109 36-45 43
13:00 27 0 0 2 8 19 21 26 12 4 1 0 0 0 120 41-50 47
14:00 16 0 1 5 5 15 20 14 13 5 1 2 0 0 97 36-45 35
15:00 17 0 1 1 8 19 30 22 17 4 2 0 0 0 121 41-50 52
16:00 24 0 0 3 8 16 15 24 31 4 1 0 0 0 126 46-55 55
17:00 29 0 0 1 3 13 15 27 20 5 2 0 0 0 115 46-55 47
18:00 11 0 0 3 3 5 17 12 5 2 0 0 0 0 58 41-50 29
19:00 8 0 0 0 7 4 14 18 14 5 2 0 0 0 72 42-51 32
20:00 6 0 0 2 5 13 14 6 7 2 0 0 0 1 56 36-45 27
21:00 14 0 0 1 3 11 17 4 2 4 1 0 0 0 57 36-45 28
22:00 2 0 0 0 4 7 7 2 2 0 0 0 1 0 25 36-45 14
23:00 1 0 0 0 4 0 1 1 0 1 0 0 0 0 8 31-40 4
Total 256 6 9 32 102 250 333 364 289 98 29 3 1 1 1773
Percent 14.4%0.3%0.5%1.8%5.8%14.1%18.8%20.5%16.3%5.5%1.6%0.2%0.1%0.1%
AM Peak 10:00 09:00 08:00 09:00 10:00 09:00 08:00 07:00 07:00 06:00 06:00 06:00 08:00
Vol.17 3 3 4 9 24 25 40 26 11 6 1 133
PM Peak 17:00 12:00 14:00 12:00 12:00 15:00 17:00 16:00 12:00 15:00 14:00 22:00 20:00 16:00
Vol.29 2 5 11 21 30 27 31 5 2 2 1 1 126 Page 142 of 170
Page 3
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 1 0 0 0 1 2 1 0 1 0 0 0 0 0 6 36-45 3
01:00 0 0 0 0 0 0 0 1 1 1 0 0 0 0 3 44-53 2
02:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
03:00 1 0 1 0 0 0 0 1 4 3 0 1 0 0 11 50-59 7
04:00 0 0 0 0 1 2 2 11 7 0 1 1 0 0 25 46-55 18
05:00 1 0 0 1 1 4 10 13 23 6 1 0 0 0 60 46-55 36
06:00 0 0 0 0 1 2 11 33 24 6 1 1 0 1 80 46-55 57
07:00 31 0 2 2 4 14 32 36 24 5 1 0 0 1 152 41-50 68
08:00 11 0 2 3 6 14 18 25 37 6 2 1 0 0 125 46-55 62
09:00 12 0 1 1 8 12 22 30 15 3 1 0 0 0 105 41-50 52
10:00 4 0 2 1 5 17 28 23 17 1 1 0 0 0 99 41-50 51
11:00 4 0 0 4 6 18 24 20 20 8 1 0 0 0 105 41-50 44
12 PM 10 0 0 1 14 13 19 21 17 3 0 0 0 0 98 41-50 40
13:00 7 0 0 0 11 11 28 23 16 6 1 1 0 0 104 41-50 51
14:00 2 1 0 3 8 15 28 18 12 7 2 0 0 0 96 41-50 46
15:00 8 0 1 2 15 8 20 21 19 8 0 0 0 0 102 41-50 41
16:00 5 0 1 7 4 16 22 24 17 4 0 0 0 0 100 41-50 46
17:00 4 0 0 1 7 15 29 33 20 2 1 0 0 0 112 41-50 62
18:00 2 0 0 1 10 8 17 21 21 8 0 0 0 0 88 46-55 42
19:00 1 0 0 0 0 8 17 8 4 1 0 0 1 0 40 41-50 25
20:00 2 0 0 0 5 11 11 15 7 1 0 0 1 0 53 41-50 26
21:00 12 0 0 2 4 11 11 10 3 1 0 0 0 0 54 36-45 22
22:00 6 0 0 1 2 2 3 3 1 0 0 0 0 0 18 39-48 6
23:00 1 0 0 0 1 3 3 5 1 1 0 0 0 0 15 41-50 8
Total 125 1 10 31 114 206 356 395 311 81 13 5 2 2 1652
Percent 7.6%0.1%0.6%1.9%6.9%12.5%21.5%23.9%18.8%4.9%0.8%0.3%0.1%0.1%
AM Peak 07:00 07:00 11:00 09:00 11:00 07:00 07:00 08:00 11:00 08:00 03:00 06:00 07:00
Vol.31 2 4 8 18 32 36 37 8 2 1 1 152
PM Peak 21:00 14:00 15:00 16:00 15:00 16:00 17:00 17:00 18:00 15:00 14:00 13:00 19:00 17:00
Vol.12 1 1 7 15 16 29 33 21 8 2 1 1 112
Total 628 11 38 112 318 695 1011 1143 892 289 65 18 6 4 5230
Percent 12.0%0.2%0.7%2.1%6.1%13.3%19.3%21.9%17.1%5.5%1.2%0.3%0.1%0.1%
15th Percentile : 29 MPH
50th Percentile : 44 MPH
85th Percentile : 52 MPH
95th Percentile : 57 MPH
Stats 10 MPH Pace Speed : 41-50 MPH
Number in Pace : 2154
Percent in Pace : 41.2%
Number of Vehicles > 50 MPH : 1274
Percent of Vehicles > 50 MPH : 24.4%
Mean Speed(Average) : 41 MPHPage 143 of 170
Page 4
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 3 0 0 1 0 3 2 1 1 1 1 0 0 0 13 36-45 5
01:00 1 0 0 0 0 0 0 3 1 1 0 0 0 0 6 46-55 4
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 54-63 1
04:00 1 0 0 1 0 1 0 0 1 1 0 0 0 0 5 51-60 2
05:00 0 0 0 0 0 3 2 1 1 1 0 0 0 0 8 36-45 5
06:00 1 0 0 0 6 11 10 5 7 3 0 0 0 0 43 36-45 21
07:00 3 2 0 1 2 6 17 11 11 3 0 0 0 0 56 41-50 28
08:00 10 7 3 2 2 11 20 14 5 3 0 1 0 0 78 41-50 34
09:00 1 0 0 1 4 14 16 19 11 4 1 0 0 0 71 41-50 35
10:00 5 0 0 2 6 15 18 24 21 2 0 0 0 0 93 46-55 45
11:00 19 0 6 1 6 11 22 26 23 6 1 0 0 0 121 46-55 49
12 PM 15 0 1 3 10 8 31 33 24 7 0 0 0 0 132 41-50 64
13:00 6 0 0 0 4 9 12 46 14 4 0 0 0 0 95 45-54 60
14:00 17 0 0 2 6 8 11 25 21 7 3 0 0 1 101 46-55 46
15:00 4 0 0 0 6 6 17 37 41 10 0 0 0 0 121 46-55 78
16:00 12 0 0 0 5 7 33 44 33 6 0 1 0 1 142 46-55 77
17:00 16 0 0 0 6 7 27 57 56 14 1 0 0 0 184 46-55 113
18:00 6 0 0 1 1 4 19 35 44 12 3 0 0 0 125 46-55 79
19:00 12 3 3 0 1 3 7 27 21 15 2 0 0 0 94 46-55 48
20:00 17 2 6 0 1 6 17 18 13 6 1 0 0 0 87 41-50 35
21:00 21 2 1 0 5 4 10 32 16 4 1 0 0 1 97 46-55 48
22:00 3 0 0 0 0 1 3 7 10 4 2 1 0 0 31 46-55 17
23:00 3 0 0 1 0 1 1 8 6 1 0 0 0 0 21 46-55 14
Total 176 16 20 16 71 139 295 473 381 115 17 3 0 3 1725
Percent 10.2%0.9%1.2%0.9%4.1%8.1%17.1%27.4%22.1%6.7%1.0%0.2%0.0%0.2%
AM Peak 11:00 08:00 11:00 08:00 06:00 10:00 11:00 11:00 11:00 11:00 00:00 08:00 11:00
Vol.19 7 6 2 6 15 22 26 23 6 1 1 121
PM Peak 21:00 19:00 20:00 12:00 12:00 13:00 16:00 17:00 17:00 19:00 14:00 16:00 14:00 17:00
Vol.21 3 6 3 10 9 33 57 56 15 3 1 1 184 Page 144 of 170
Page 5
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 2 1 0 0 0 0 0 0 3 39-48 3
01:00 1 0 0 0 0 0 1 0 1 0 0 0 0 0 3 *1
02:00 0 0 0 0 0 0 1 0 0 0 0 0 0 0 1 34-43 1
03:00 0 0 0 0 1 0 0 0 2 0 0 0 0 0 3 45-54 2
04:00 1 0 0 2 0 3 0 2 1 0 1 0 0 0 10 46-55 3
05:00 1 0 2 0 0 1 2 0 0 1 0 0 0 0 7 36-45 3
06:00 6 0 0 0 1 3 3 11 5 2 1 0 0 0 32 45-54 16
07:00 12 1 0 0 4 13 13 9 6 0 1 0 0 0 59 36-45 26
08:00 15 3 1 1 4 11 22 20 4 1 0 0 0 0 82 41-50 42
09:00 17 0 0 1 7 17 15 10 12 1 0 0 0 0 80 36-45 32
10:00 15 0 0 1 7 12 17 26 10 2 1 0 0 0 91 41-50 43
11:00 5 0 0 2 4 11 32 30 18 4 0 0 0 0 106 41-50 62
12 PM 13 0 1 1 3 12 26 39 13 4 0 0 0 0 112 41-50 65
13:00 20 0 0 2 10 16 28 29 12 1 1 1 0 0 120 41-50 57
14:00 8 0 0 1 2 13 11 35 18 4 1 1 0 0 94 46-55 53
15:00 6 0 0 0 1 5 22 38 40 9 2 0 0 0 123 46-55 78
16:00 15 0 0 0 4 11 13 34 38 10 1 0 0 0 126 46-55 72
17:00 15 0 0 0 3 5 9 44 66 18 4 0 0 0 164 46-55 110
18:00 8 0 0 0 0 4 9 27 31 9 1 1 0 0 90 46-55 58
19:00 7 0 0 0 2 4 13 20 34 12 3 0 0 1 96 46-55 54
20:00 22 9 2 0 4 9 12 28 23 6 2 0 0 0 117 46-55 51
21:00 24 4 4 1 2 6 11 24 16 5 0 0 0 0 97 46-55 40
22:00 10 1 0 1 0 0 2 6 2 3 1 0 0 0 26 41-50 8
23:00 0 0 0 0 1 2 1 2 2 1 1 0 0 0 10 46-55 4
Total 221 18 10 13 60 158 265 435 354 93 21 3 0 1 1652
Percent 13.4%1.1%0.6%0.8%3.6%9.6%16.0%26.3%21.4%5.6%1.3%0.2%0.0%0.1%
AM Peak 09:00 08:00 05:00 04:00 09:00 09:00 11:00 11:00 11:00 11:00 04:00 11:00
Vol.17 3 2 2 7 17 32 30 18 4 1 106
PM Peak 21:00 20:00 21:00 13:00 13:00 13:00 13:00 17:00 17:00 17:00 17:00 13:00 19:00 17:00
Vol.24 9 4 2 10 16 28 44 66 18 4 1 1 164 Page 145 of 170
Page 6
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 0 0 4 0 2 0 0 0 0 7 41-50 4
01:00 0 0 0 0 0 1 0 0 3 0 0 0 0 0 4 46-55 3
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 1 0 0 0 0 0 1 0 1 0 3 24-33 1
04:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
05:00 1 0 0 0 0 0 3 2 2 2 0 0 0 0 10 41-50 5
06:00 8 0 0 2 8 8 7 11 9 2 0 0 0 0 55 45-54 20
07:00 20 0 0 1 10 9 9 9 6 2 0 0 0 0 66 31-40 19
08:00 9 4 2 2 3 9 10 13 13 3 1 0 0 0 69 46-55 26
09:00 6 0 0 3 3 11 24 21 11 1 1 0 0 1 82 41-50 45
10:00 4 0 0 0 6 12 30 25 20 5 1 0 0 0 103 41-50 55
11:00 4 0 0 1 3 8 26 31 15 4 0 0 0 0 92 41-50 57
12 PM 8 0 0 0 3 10 30 38 29 12 0 0 0 0 130 41-50 68
13:00 3 0 0 0 3 14 26 31 27 5 3 0 0 1 113 46-55 58
14:00 8 0 0 2 2 9 20 26 17 5 1 1 0 0 91 41-50 46
15:00 9 0 1 3 3 15 25 23 29 16 0 1 0 1 126 46-55 52
16:00 4 0 0 0 2 7 22 41 37 12 4 0 0 1 130 46-55 78
17:00 4 0 0 0 0 11 9 53 66 22 3 0 0 0 168 46-55 119
18:00 5 0 0 1 2 4 16 30 32 13 5 0 0 0 108 46-55 62
19:00 0 0 0 2 6 7 11 22 22 14 4 0 0 0 88 46-55 44
20:00 17 1 2 0 2 5 10 28 23 4 1 0 0 1 94 46-55 51
21:00 21 4 2 1 4 5 14 15 8 4 0 0 0 0 78 41-50 29
22:00 4 0 0 0 0 2 6 6 6 3 0 0 0 0 27 41-50 12
23:00 3 0 0 0 0 2 3 5 7 3 0 0 1 0 24 46-55 12
Total 138 9 7 18 62 149 301 434 382 134 25 2 2 5 1668
Percent 8.3%0.5%0.4%1.1%3.7%8.9%18.0%26.0%22.9%8.0%1.5%0.1%0.1%0.3%
AM Peak 07:00 08:00 08:00 09:00 07:00 10:00 10:00 11:00 10:00 10:00 03:00 03:00 09:00 10:00
Vol.20 4 2 3 10 12 30 31 20 5 1 1 1 103
PM Peak 21:00 21:00 20:00 15:00 19:00 15:00 12:00 17:00 17:00 17:00 18:00 14:00 23:00 13:00 17:00
Vol.21 4 2 3 6 15 30 53 66 22 5 1 1 1 168
Total 535 43 37 47 193 446 861 1342 1117 342 63 8 2 9 5045
Percent 10.6%0.9%0.7%0.9%3.8%8.8%17.1%26.6%22.1%6.8%1.2%0.2%0.0%0.2%
15th Percentile : 32 MPH
50th Percentile : 46 MPH
85th Percentile : 53 MPH
95th Percentile : 57 MPH
Stats 10 MPH Pace Speed : 46-55 MPH
Number in Pace : 2459
Percent in Pace : 48.7%
Number of Vehicles > 50 MPH : 1541
Percent of Vehicles > 50 MPH : 30.5%
Mean Speed(Average) : 43 MPHPage 146 of 170
Page 1
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 19 13 32
01:00 5 6 11
02:00 1 0 1
03:00 10 1 11
04:00 25 5 30
05:00 60 8 68
06:00 93 43 136
07:00 117 56 173
08:00 138 78 216
09:00 100 71 171
10:00 93 93 186
11:00 112 121 233
12:00 PM 133 132 265
01:00 98 95 193
02:00 115 101 216
03:00 110 121 231
04:00 110 142 252
05:00 153 184 337
06:00 103 125 228
07:00 58 94 152
08:00 65 87 152
09:00 44 97 141
10:00 28 31 59
11:00 15 21 36
Total 1805 1725 3530
Percent 51.1%48.9%
AM Peak -08:00 11:00 ------11:00
Vol.-138 121 ------233
PM Peak -17:00 17:00 ------17:00
Vol.-153 184 ------337Page 147 of 170
Page 2
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 5 3 8
01:00 5 3 8
02:00 1 1 2
03:00 10 3 13
04:00 25 10 35
05:00 54 7 61
06:00 90 32 122
07:00 120 59 179
08:00 133 82 215
09:00 122 80 202
10:00 125 91 216
11:00 119 106 225
12:00 PM 109 112 221
01:00 120 120 240
02:00 97 94 191
03:00 121 123 244
04:00 126 126 252
05:00 115 164 279
06:00 58 90 148
07:00 72 96 168
08:00 56 117 173
09:00 57 97 154
10:00 25 26 51
11:00 8 10 18
Total 1773 1652 3425
Percent 51.8%48.2%
AM Peak -08:00 11:00 ------11:00
Vol.-133 106 ------225
PM Peak -16:00 17:00 ------17:00
Vol.-126 164 ------279Page 148 of 170
Page 3
Site Code: 2
BURNS RD W.O DENT RD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 6 7 13
01:00 3 4 7
02:00 1 0 1
03:00 11 3 14
04:00 25 0 25
05:00 60 10 70
06:00 80 55 135
07:00 152 66 218
08:00 125 69 194
09:00 105 82 187
10:00 99 103 202
11:00 105 92 197
12:00 PM 98 130 228
01:00 104 113 217
02:00 96 91 187
03:00 102 126 228
04:00 100 130 230
05:00 112 168 280
06:00 88 108 196
07:00 40 88 128
08:00 53 94 147
09:00 54 78 132
10:00 18 27 45
11:00 15 24 39
Total 1652 1668 3320
Percent 49.8%50.2%
AM Peak -07:00 10:00 ------07:00
Vol.-152 103 ------218
PM Peak -17:00 17:00 ------17:00
Vol.-112 168 ------280
Grand Total 5230 5045 10275
Percent 50.9%49.1%
ADT ADT 3,425 AADT 3,425Page 149 of 170
Page 1
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 8 1 0 0 0 5 0 2 0 0 0 0 0 0 16 36-45 5
01:00 0 0 0 0 0 1 2 0 0 0 0 0 0 0 3 35-44 3
02:00 0 0 0 0 0 0 1 1 4 2 2 1 1 0 12 51-60 6
03:00 0 0 0 0 0 0 7 9 17 2 1 0 0 0 36 46-55 26
04:00 0 0 0 0 0 0 2 22 39 20 4 0 0 0 87 46-55 61
05:00 1 0 0 1 7 6 19 39 38 18 7 0 1 0 137 46-55 77
06:00 5 2 13 24 40 41 29 14 5 0 0 0 0 0 173 31-40 81
07:00 6 0 3 22 35 48 29 20 5 1 1 0 0 0 170 31-40 83
08:00 6 3 4 26 44 22 21 10 1 0 0 0 0 0 137 26-35 70
09:00 27 0 2 23 35 26 18 7 2 1 0 0 0 0 141 31-40 61
10:00 64 0 3 6 10 30 20 13 4 2 0 0 0 0 152 36-45 50
11:00 104 0 0 0 1 10 18 13 6 2 1 0 0 0 155 6-15 69
12 PM 111 0 0 0 0 6 8 6 6 2 0 0 0 0 139 6-15 74
13:00 108 0 0 0 2 2 6 3 5 2 0 0 0 0 128 1-10 72
14:00 132 0 0 0 0 2 7 7 7 1 0 0 0 0 156 6-15 88
15:00 111 0 0 0 0 1 7 5 9 4 0 0 0 0 137 1-10 74
16:00 130 0 0 0 0 1 7 5 12 2 1 0 0 0 158 1-10 87
17:00 82 0 0 0 1 3 5 11 16 6 1 0 0 0 125 1-10 55
18:00 57 0 0 0 0 0 4 8 11 3 1 0 0 0 84 6-15 38
19:00 19 0 0 0 1 3 9 21 19 3 0 0 0 0 75 46-55 40
20:00 6 0 0 0 0 3 6 24 10 3 0 0 0 0 52 46-55 34
21:00 0 0 0 0 1 1 2 12 8 2 0 0 0 0 26 46-55 20
22:00 0 0 0 0 1 0 2 5 2 1 0 0 0 0 11 46-55 7
23:00 1 0 0 0 1 0 1 1 2 0 0 0 0 0 6 44-53 3
Total 978 6 25 102 179 211 230 258 228 77 19 1 2 0 2316
Percent 42.2%0.3%1.1%4.4%7.7%9.1%9.9%11.1%9.8%3.3%0.8%0.0%0.1%0.0%
AM Peak 11:00 08:00 06:00 08:00 08:00 07:00 06:00 05:00 04:00 04:00 05:00 02:00 02:00 06:00
Vol.104 3 13 26 44 48 29 39 39 20 7 1 1 173
PM Peak 14:00 13:00 12:00 19:00 20:00 19:00 17:00 16:00 16:00
Vol.132 2 6 9 24 19 6 1 158 Page 150 of 170
Page 2
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 1 0 0 0 0 0 1 0 3 0 0 0 0 0 5 45-54 3
01:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
02:00 0 0 0 0 0 0 2 1 4 1 3 1 0 0 12 45-54 5
03:00 0 0 0 0 0 1 3 10 13 7 4 0 0 0 38 46-55 23
04:00 0 1 1 0 2 1 7 18 32 13 4 1 0 0 80 46-55 50
05:00 18 21 30 28 10 7 5 2 0 0 0 0 0 0 121 21-30 58
06:00 28 32 47 37 19 2 1 0 0 0 0 0 0 0 166 21-30 84
07:00 71 12 39 19 9 2 0 0 0 0 0 0 0 0 152 21-30 58
08:00 85 5 23 16 8 2 0 0 0 0 0 0 0 0 139 1-10 57
09:00 149 3 10 5 3 0 0 0 0 0 0 0 0 0 170 6-15 99
10:00 110 1 6 7 2 0 0 0 0 0 0 0 0 0 126 6-15 73
11:00 144 0 1 4 1 0 0 0 0 0 0 0 0 0 150 6-15 96
12 PM 95 1 3 1 4 4 2 2 2 1 0 0 0 0 115 6-15 63
13:00 114 0 0 1 0 1 1 2 1 1 0 0 0 0 121 6-15 76
14:00 109 0 0 0 2 2 2 0 3 1 0 0 0 0 119 1-10 73
15:00 133 0 0 0 1 2 1 1 1 1 1 0 0 0 141 1-10 89
16:00 126 0 0 0 0 0 4 2 6 3 0 0 0 0 141 1-10 84
17:00 69 0 0 0 0 1 4 2 3 2 0 0 0 0 81 1-10 46
18:00 60 0 0 0 0 2 1 11 15 4 0 0 0 0 93 1-10 40
19:00 30 0 0 0 1 5 8 11 10 0 1 0 0 0 66 46-55 21
20:00 18 0 0 0 0 2 16 14 7 4 1 0 0 0 62 41-50 30
21:00 4 0 0 0 1 0 12 11 3 2 0 0 0 0 33 41-50 23
22:00 1 0 0 0 0 3 3 1 2 0 0 0 0 0 10 36-45 6
23:00 0 0 0 0 0 0 1 3 3 0 0 0 0 0 7 46-55 6
Total 1365 76 160 118 64 37 74 91 108 40 14 2 0 0 2149
Percent 63.5%3.5%7.4%5.5%3.0%1.7%3.4%4.2%5.0%1.9%0.7%0.1%0.0%0.0%
AM Peak 09:00 06:00 06:00 06:00 06:00 05:00 04:00 04:00 04:00 04:00 03:00 02:00 09:00
Vol.149 32 47 37 19 7 7 18 32 13 4 1 170
PM Peak 15:00 12:00 12:00 12:00 12:00 19:00 20:00 20:00 18:00 18:00 15:00 15:00
Vol.133 1 3 1 4 5 16 14 15 4 1 141 Page 151 of 170
Page 3
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 0 1 0 0 1 3 0 0 0 0 5 51-60 4
01:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
02:00 0 0 0 0 0 1 3 0 6 1 1 0 1 1 14 51-60 7
03:00 0 0 0 0 2 0 1 13 17 7 1 0 0 0 41 46-55 30
04:00 1 0 0 0 0 1 4 21 36 17 3 0 0 0 83 46-55 57
05:00 2 0 0 0 0 1 11 33 50 18 3 3 0 0 121 46-55 83
06:00 1 0 0 1 0 7 23 49 61 19 4 0 0 0 165 46-55 110
07:00 11 0 0 2 4 10 27 48 41 14 3 2 0 0 162 46-55 89
08:00 52 0 0 3 7 7 16 19 22 7 1 0 0 0 134 46-55 41
09:00 55 0 0 1 4 12 22 20 11 2 0 1 0 0 128 41-50 42
10:00 98 0 0 1 1 8 13 17 8 5 1 0 0 0 152 6-15 65
11:00 133 0 0 0 3 3 4 4 1 0 0 0 0 0 148 1-10 89
12 PM 126 0 0 0 1 0 1 3 1 0 0 0 0 0 132 6-15 84
13:00 120 0 0 0 0 0 2 3 2 1 0 0 0 0 128 6-15 80
14:00 116 0 0 0 0 0 1 0 2 1 0 0 0 0 120 6-15 77
15:00 123 0 0 0 1 2 0 2 2 0 0 0 0 0 130 6-15 82
16:00 122 0 0 0 0 0 2 1 3 2 0 0 0 0 130 6-15 81
17:00 126 0 0 0 0 1 3 1 5 3 0 0 0 0 139 1-10 84
18:00 57 0 0 0 0 1 3 5 3 2 0 0 0 0 71 6-15 38
19:00 35 0 0 0 0 1 6 12 15 3 1 0 0 0 73 46-55 27
20:00 19 0 0 0 1 5 11 20 11 0 0 0 0 0 67 46-55 31
21:00 9 0 0 0 0 3 4 4 4 0 0 0 0 0 24 46-55 8
22:00 2 0 0 0 1 0 3 7 2 0 1 0 0 0 16 41-50 10
23:00 1 0 0 0 0 2 0 0 0 1 0 0 0 0 4 30-39 2
Total 1209 0 0 8 26 66 160 282 304 106 19 6 1 1 2188
Percent 55.3%0.0%0.0%0.4%1.2%3.0%7.3%12.9%13.9%4.8%0.9%0.3%0.0%0.0%
AM Peak 11:00 08:00 08:00 09:00 07:00 06:00 06:00 06:00 06:00 05:00 02:00 02:00 06:00
Vol.133 3 7 12 27 49 61 19 4 3 1 1 165
PM Peak 12:00 12:00 20:00 20:00 20:00 19:00 17:00 19:00 17:00
Vol.126 1 5 11 20 15 3 1 139
Total 3552 82 185 228 269 314 464 631 640 223 52 9 3 1 6653
Percent 53.4%1.2%2.8%3.4%4.0%4.7%7.0%9.5%9.6%3.4%0.8%0.1%0.0%0.0%
15th Percentile : 4 MPH
50th Percentile : 14 MPH
85th Percentile : 49 MPH
95th Percentile : 54 MPH
Stats 10 MPH Pace Speed : 6-15 MPH
Number in Pace : 2368
Percent in Pace : 35.6%
Number of Vehicles > 50 MPH : 928
Percent of Vehicles > 50 MPH : 13.9%
Mean Speed(Average) : 24 MPHPage 152 of 170
Page 4
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 1 0 0 0 2 1 1 0 1 0 0 0 6 41-50 3
01:00 0 0 0 0 1 0 0 2 1 0 0 0 0 0 4 44-53 3
02:00 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 54-63 1
03:00 0 0 0 1 0 0 2 0 1 1 0 0 0 0 5 51-60 2
04:00 0 0 0 0 0 0 2 4 3 0 0 0 0 0 9 44-53 7
05:00 3 0 0 1 7 10 10 14 4 5 0 0 0 0 54 41-50 24
06:00 4 1 3 6 7 19 18 14 8 0 0 0 0 0 80 36-45 37
07:00 2 0 0 4 5 29 29 20 4 2 0 0 0 0 95 36-45 58
08:00 2 0 1 15 31 30 16 8 1 0 0 0 0 0 104 31-40 61
09:00 17 1 0 8 37 37 23 17 2 2 0 0 0 0 144 31-40 74
10:00 20 0 0 9 23 40 39 31 10 2 0 0 0 0 174 36-45 79
11:00 20 0 0 2 10 21 31 48 34 7 0 0 0 0 173 46-55 82
12 PM 15 0 0 4 9 14 41 36 18 7 0 0 0 1 145 41-50 77
13:00 23 0 0 1 10 14 25 41 26 6 1 0 0 0 147 46-55 67
14:00 26 0 0 0 1 9 31 57 39 5 1 0 0 0 169 46-55 96
15:00 24 0 0 1 1 6 36 66 53 12 3 1 0 0 203 46-55 119
16:00 38 0 0 0 2 6 41 66 79 15 4 0 0 0 251 46-55 145
17:00 13 0 0 0 0 3 18 54 60 24 2 0 0 0 174 46-55 114
18:00 15 0 0 0 0 1 9 36 41 19 4 0 0 0 125 46-55 77
19:00 6 0 0 0 0 6 18 39 21 13 5 0 0 0 108 46-55 60
20:00 2 0 0 1 2 5 17 25 31 9 2 1 0 0 95 46-55 56
21:00 1 0 0 0 0 2 8 11 14 5 3 0 0 0 44 46-55 25
22:00 0 0 0 0 0 1 4 12 9 2 0 2 0 0 30 46-55 21
23:00 0 0 0 0 0 2 0 3 0 0 0 0 0 1 6 46-55 3
Total 231 2 5 53 146 255 420 605 460 136 27 4 0 2 2346
Percent 9.8%0.1%0.2%2.3%6.2%10.9%17.9%25.8%19.6%5.8%1.2%0.2%0.0%0.1%
AM Peak 10:00 06:00 06:00 08:00 09:00 10:00 10:00 11:00 11:00 11:00 00:00 10:00
Vol.20 1 3 15 37 40 39 48 34 7 1 174
PM Peak 16:00 12:00 13:00 12:00 12:00 15:00 16:00 17:00 19:00 22:00 12:00 16:00
Vol.38 4 10 14 41 66 79 24 5 2 1 251 Page 153 of 170
Page 5
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 0 0 2 1 0 0 0 0 0 3 44-53 3
01:00 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 39-48 1
02:00 0 0 0 0 1 0 0 0 2 1 0 0 0 0 4 49-58 3
03:00 0 0 0 0 0 2 0 4 1 0 0 0 0 0 7 44-53 5
04:00 0 1 1 0 0 4 1 0 0 1 0 0 0 0 8 34-43 5
05:00 1 0 4 6 9 12 5 2 2 1 0 0 0 0 42 31-40 21
06:00 13 0 19 36 7 2 0 0 0 0 0 0 0 0 77 21-30 55
07:00 21 1 12 38 23 5 0 0 0 0 0 0 0 0 100 26-35 61
08:00 17 0 5 44 34 6 0 0 0 0 0 0 0 0 106 26-35 78
09:00 23 0 7 22 29 8 1 1 0 0 0 0 0 0 91 26-35 51
10:00 31 1 3 33 38 7 1 0 0 0 0 0 0 0 114 26-35 71
11:00 36 1 0 32 48 16 2 1 0 1 0 0 0 0 137 26-35 80
12 PM 28 0 0 7 24 34 19 7 1 1 1 0 0 0 122 31-40 58
13:00 24 0 0 0 11 23 23 28 14 4 0 0 0 0 127 41-50 51
14:00 33 0 0 0 8 20 36 33 26 3 0 0 0 0 159 41-50 69
15:00 35 0 0 0 1 6 29 58 47 13 1 0 0 0 190 46-55 105
16:00 49 0 0 0 2 1 29 60 72 21 1 1 0 0 236 46-55 132
17:00 21 0 0 1 0 0 22 41 37 27 1 0 1 0 151 46-55 78
18:00 17 0 0 1 4 3 15 42 46 11 2 0 0 0 141 46-55 88
19:00 4 0 0 0 1 8 31 45 31 10 3 1 0 0 134 41-50 76
20:00 7 0 0 2 2 10 16 24 20 5 0 0 0 0 86 46-55 44
21:00 0 0 0 0 0 4 7 13 5 4 1 0 0 1 35 41-50 20
22:00 0 0 0 0 1 0 1 3 7 0 0 0 1 0 13 46-55 10
23:00 0 0 0 0 1 0 1 3 2 1 0 0 1 0 9 46-55 5
Total 360 4 51 222 244 171 239 368 314 104 10 2 3 1 2093
Percent 17.2%0.2%2.4%10.6%11.7%8.2%11.4%17.6%15.0%5.0%0.5%0.1%0.1%0.0%
AM Peak 11:00 04:00 06:00 08:00 11:00 11:00 05:00 03:00 02:00 02:00 11:00
Vol.36 1 19 44 48 16 5 4 2 1 137
PM Peak 16:00 12:00 12:00 12:00 14:00 16:00 16:00 17:00 19:00 16:00 17:00 21:00 16:00
Vol.49 7 24 34 36 60 72 27 3 1 1 1 236 Page 154 of 170
Page 6
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 1 0 3 1 1 0 0 0 0 7 46-55 4
01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
02:00 0 0 0 0 1 0 0 0 1 0 0 0 0 0 2 24-33 1
03:00 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 64-73 1
04:00 0 0 0 0 0 2 1 4 3 1 0 0 0 0 11 45-54 7
05:00 2 0 1 3 6 7 14 20 2 1 0 0 0 0 56 41-50 34
06:00 4 0 0 3 5 22 13 15 7 2 0 0 0 0 71 36-45 35
07:00 10 0 0 2 9 23 18 24 13 2 0 0 0 0 101 39-48 42
08:00 21 0 0 4 8 28 30 21 8 2 0 0 0 0 122 36-45 58
09:00 22 0 0 1 12 25 36 24 10 2 1 2 0 1 136 36-45 61
10:00 27 2 0 2 5 20 33 24 22 4 2 0 0 0 141 41-50 57
11:00 33 0 0 1 8 24 37 42 16 6 1 0 0 1 169 41-50 79
12 PM 32 0 0 1 9 19 41 29 23 10 1 0 0 0 165 41-50 70
13:00 32 0 0 0 2 13 18 36 21 11 1 0 0 0 134 46-55 57
14:00 36 0 1 0 1 6 27 47 40 15 0 2 0 0 175 46-55 87
15:00 30 0 0 0 8 17 37 57 34 13 2 0 0 0 198 41-50 94
16:00 39 0 0 1 2 5 20 50 54 15 4 0 0 0 190 46-55 104
17:00 24 0 0 0 1 5 18 45 60 25 3 0 0 0 181 46-55 105
18:00 17 0 0 1 3 3 14 44 24 15 2 2 0 0 125 46-55 68
19:00 11 0 0 0 1 7 15 40 36 7 1 0 0 1 119 46-55 76
20:00 1 0 0 0 3 5 19 26 17 2 1 0 1 0 75 41-50 45
21:00 0 0 0 0 0 1 8 12 12 2 0 0 0 0 35 46-55 24
22:00 1 0 0 0 1 1 1 12 8 1 1 0 0 1 27 46-55 20
23:00 0 0 0 0 0 1 0 2 8 1 0 0 0 0 12 46-55 10
Total 342 2 2 19 86 235 400 577 420 138 20 6 2 4 2253
Percent 15.2%0.1%0.1%0.8%3.8%10.4%17.8%25.6%18.6%6.1%0.9%0.3%0.1%0.2%
AM Peak 11:00 10:00 05:00 08:00 09:00 08:00 11:00 11:00 10:00 11:00 10:00 09:00 03:00 09:00 11:00
Vol.33 2 1 4 12 28 37 42 22 6 2 2 1 1 169
PM Peak 16:00 14:00 12:00 12:00 12:00 12:00 15:00 17:00 17:00 16:00 14:00 20:00 19:00 15:00
Vol.39 1 1 9 19 41 57 60 25 4 2 1 1 198
Total 933 8 58 294 476 661 1059 1550 1194 378 57 12 5 7 6692
Percent 13.9%0.1%0.9%4.4%7.1%9.9%15.8%23.2%17.8%5.6%0.9%0.2%0.1%0.1%
15th Percentile : 25 MPH
50th Percentile : 44 MPH
85th Percentile : 52 MPH
95th Percentile : 56 MPH
Stats 10 MPH Pace Speed : 46-55 MPH
Number in Pace : 2744
Percent in Pace : 41.0%
Number of Vehicles > 50 MPH : 1653
Percent of Vehicles > 50 MPH : 24.7%
Mean Speed(Average) : 40 MPHPage 155 of 170
Page 1
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 16 6 22
01:00 3 4 7
02:00 12 1 13
03:00 36 5 41
04:00 87 9 96
05:00 137 54 191
06:00 173 80 253
07:00 170 95 265
08:00 137 104 241
09:00 141 144 285
10:00 152 174 326
11:00 155 173 328
12:00 PM 139 145 284
01:00 128 147 275
02:00 156 169 325
03:00 137 203 340
04:00 158 251 409
05:00 125 174 299
06:00 84 125 209
07:00 75 108 183
08:00 52 95 147
09:00 26 44 70
10:00 11 30 41
11:00 6 6 12
Total 2316 2346 4662
Percent 49.7%50.3%
AM Peak -06:00 10:00 ------11:00
Vol.-173 174 ------328
PM Peak -16:00 16:00 ------16:00
Vol.-158 251 ------409Page 156 of 170
Page 2
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 5 3 8
01:00 1 1 2
02:00 12 4 16
03:00 38 7 45
04:00 80 8 88
05:00 121 42 163
06:00 166 77 243
07:00 152 100 252
08:00 139 106 245
09:00 170 91 261
10:00 126 114 240
11:00 150 137 287
12:00 PM 115 122 237
01:00 121 127 248
02:00 119 159 278
03:00 141 190 331
04:00 141 236 377
05:00 81 151 232
06:00 93 141 234
07:00 66 134 200
08:00 62 86 148
09:00 33 35 68
10:00 10 13 23
11:00 7 9 16
Total 2149 2093 4242
Percent 50.7%49.3%
AM Peak -09:00 11:00 ------11:00
Vol.-170 137 ------287
PM Peak -15:00 16:00 ------16:00
Vol.-141 236 ------377Page 157 of 170
Page 3
Site Code: 3
BURNS RD W.O RD 108
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 5 7 12
01:00 1 0 1
02:00 14 2 16
03:00 41 1 42
04:00 83 11 94
05:00 121 56 177
06:00 165 71 236
07:00 162 101 263
08:00 134 122 256
09:00 128 136 264
10:00 152 141 293
11:00 148 169 317
12:00 PM 132 165 297
01:00 128 134 262
02:00 120 175 295
03:00 130 198 328
04:00 130 190 320
05:00 139 181 320
06:00 71 125 196
07:00 73 119 192
08:00 67 75 142
09:00 24 35 59
10:00 16 27 43
11:00 4 12 16
Total 2188 2253 4441
Percent 49.3%50.7%
AM Peak -06:00 11:00 ------11:00
Vol.-165 169 ------317
PM Peak -17:00 15:00 ------15:00
Vol.-139 198 ------328
Grand Total 6653 6692 13345
Percent 49.9%50.1%
ADT ADT 4,448 AADT 4,448Page 158 of 170
Page 1
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 0 0 5 3 5 2 1 0 0 0 0 0 16 36-45 8
01:00 16 0 0 0 1 1 2 0 0 0 0 0 0 0 20 1-10 11
02:00 0 0 0 0 1 1 1 0 0 0 0 0 0 0 3 29-38 2
03:00 0 0 0 0 0 1 3 6 1 1 0 0 0 0 12 41-50 9
04:00 1 0 0 0 3 6 15 12 3 1 0 0 0 0 41 41-50 27
05:00 1 0 0 0 5 18 38 30 4 0 0 0 0 0 96 41-50 68
06:00 0 1 3 1 3 23 47 46 18 4 0 0 0 0 146 41-50 93
07:00 2 2 2 6 26 52 76 30 3 0 0 0 0 0 199 36-45 128
08:00 0 1 3 4 22 65 59 29 4 0 0 0 0 0 187 36-45 124
09:00 2 0 0 9 23 68 47 11 2 0 0 0 0 0 162 36-45 115
10:00 0 0 0 13 22 78 44 11 0 2 0 0 0 0 170 36-45 122
11:00 5 0 0 3 27 67 52 18 1 0 0 0 0 0 173 36-45 119
12 PM 15 6 5 9 32 61 57 20 3 0 0 0 0 0 208 36-45 118
13:00 3 0 1 0 15 50 68 20 3 0 0 0 0 0 160 36-45 118
14:00 0 3 1 4 28 50 55 17 2 0 0 0 0 0 160 36-45 105
15:00 7 0 0 10 37 61 58 24 2 0 0 0 0 0 199 36-45 119
16:00 5 0 2 9 32 60 55 23 3 0 0 0 0 0 189 36-45 115
17:00 3 0 1 1 19 85 71 13 4 1 0 0 0 0 198 36-45 156
18:00 1 0 0 7 15 42 64 33 2 0 0 0 0 0 164 36-45 106
19:00 0 0 0 0 2 29 45 19 6 0 0 0 0 0 101 36-45 74
20:00 2 0 0 2 8 20 33 17 1 1 0 0 0 0 84 36-45 53
21:00 1 0 0 0 7 18 19 8 3 1 1 0 0 0 58 36-45 37
22:00 1 0 0 0 6 7 12 5 1 0 0 0 0 0 32 36-45 19
23:00 0 0 0 0 2 1 5 4 0 0 0 0 0 0 12 41-50 9
Total 65 13 18 78 341 867 931 398 67 11 1 0 0 0 2790
Percent 2.3%0.5%0.6%2.8%12.2%31.1%33.4%14.3%2.4%0.4%0.0%0.0%0.0%0.0%
AM Peak 01:00 07:00 06:00 10:00 11:00 10:00 07:00 06:00 06:00 06:00 07:00
Vol.16 2 3 13 27 78 76 46 18 4 199
PM Peak 12:00 12:00 12:00 15:00 15:00 17:00 17:00 18:00 19:00 17:00 21:00 12:00
Vol.15 6 5 10 37 85 71 33 6 1 1 208 Page 159 of 170
Page 2
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 1 1 0 3 1 0 0 0 0 0 0 6 41-50 4
01:00 0 0 0 0 0 2 1 1 0 1 0 0 0 0 5 36-45 3
02:00 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 24-33 1
03:00 0 0 0 0 0 1 5 4 1 1 0 0 0 0 12 41-50 9
04:00 0 0 0 0 2 4 14 18 3 0 0 0 0 0 41 41-50 32
05:00 0 0 0 4 2 9 31 32 8 1 0 0 0 0 87 41-50 63
06:00 7 0 0 8 11 34 57 14 2 1 1 0 0 0 135 36-45 91
07:00 1 0 2 3 22 74 67 18 1 0 0 0 0 0 188 36-45 141
08:00 4 0 2 5 39 69 50 14 2 1 0 0 0 0 186 36-45 119
09:00 1 2 3 12 27 70 47 6 2 0 0 0 0 0 170 36-45 117
10:00 6 0 2 16 57 68 41 7 2 0 0 0 0 0 199 31-40 125
11:00 3 0 0 9 37 76 43 7 2 0 0 0 0 0 177 36-45 119
12 PM 1 0 0 3 39 74 36 6 0 0 0 0 0 0 159 31-40 113
13:00 4 1 1 6 23 60 40 11 3 0 0 0 0 0 149 36-45 100
14:00 3 0 0 6 18 55 49 14 4 0 0 0 0 0 149 36-45 104
15:00 6 0 0 4 20 59 66 22 1 0 0 0 0 0 178 36-45 125
16:00 8 0 0 4 21 79 63 32 4 1 0 0 0 0 212 36-45 142
17:00 2 0 0 0 10 37 68 42 6 0 0 0 0 0 165 41-50 110
18:00 0 0 0 2 6 25 44 27 4 1 0 0 0 0 109 40-49 71
19:00 1 0 0 0 5 28 44 19 4 0 0 0 0 0 101 36-45 72
20:00 2 0 0 2 8 24 26 10 3 0 0 0 0 0 75 36-45 50
21:00 1 0 0 2 11 18 29 9 4 0 0 0 0 0 74 36-45 47
22:00 0 0 0 1 3 14 13 1 2 0 1 0 0 0 35 36-45 27
23:00 0 0 0 0 3 5 5 2 0 0 0 0 0 0 15 36-45 10
Total 50 3 10 88 366 885 842 317 58 7 2 0 0 0 2628
Percent 1.9%0.1%0.4%3.3%13.9%33.7%32.0%12.1%2.2%0.3%0.1%0.0%0.0%0.0%
AM Peak 06:00 09:00 09:00 10:00 10:00 11:00 07:00 05:00 05:00 01:00 06:00 10:00
Vol.7 2 3 16 57 76 67 32 8 1 1 199
PM Peak 16:00 13:00 13:00 13:00 12:00 16:00 17:00 17:00 17:00 16:00 22:00 16:00
Vol.8 1 1 6 39 79 68 42 6 1 1 212 Page 160 of 170
Page 3
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
EB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 4 4 4 0 0 0 0 0 0 0 12 31-40 8
01:00 0 0 0 1 1 0 1 4 0 0 0 0 0 0 7 41-50 5
02:00 0 0 0 0 2 1 0 0 0 0 0 0 0 0 3 29-38 3
03:00 0 0 0 0 0 2 0 6 3 0 3 0 0 0 14 46-55 9
04:00 0 0 0 0 4 7 18 15 1 0 0 0 0 0 45 41-50 33
05:00 1 0 0 0 4 10 36 31 6 0 0 0 0 0 88 41-50 67
06:00 0 0 0 1 8 20 59 38 12 1 0 0 0 0 139 41-50 97
07:00 3 1 2 10 14 48 74 26 4 0 0 0 0 0 182 36-45 122
08:00 2 0 0 5 26 60 56 26 7 0 1 0 0 0 183 36-45 116
09:00 1 0 3 1 19 55 53 16 4 0 0 0 0 0 152 36-45 108
10:00 8 0 1 8 9 57 59 12 2 1 0 0 0 0 157 36-45 116
11:00 4 3 3 14 31 45 50 29 1 0 0 0 0 0 180 36-45 95
12 PM 3 0 0 6 38 59 56 24 2 0 0 0 0 0 188 36-45 115
13:00 1 0 0 2 18 49 69 15 1 4 0 0 0 0 159 36-45 118
14:00 2 0 0 2 22 61 44 21 5 1 0 0 0 0 158 36-45 105
15:00 2 0 0 1 16 55 60 31 4 0 0 0 0 0 169 36-45 115
16:00 1 0 0 5 14 58 63 18 3 1 0 0 0 0 163 36-45 121
17:00 1 4 2 7 20 44 62 30 5 1 0 0 0 0 176 36-45 106
18:00 2 1 2 2 9 49 61 34 0 0 0 0 0 0 160 36-45 110
19:00 1 0 0 0 7 23 28 16 6 2 0 0 0 0 83 36-45 51
20:00 0 0 0 0 1 17 37 20 2 0 0 0 0 0 77 41-50 57
21:00 1 0 0 1 9 32 21 9 0 0 0 0 0 0 73 36-45 53
22:00 0 0 0 2 4 6 7 8 0 0 0 0 0 0 27 41-50 15
23:00 0 0 0 1 5 5 5 2 1 0 0 0 0 0 19 31-40 10
Total 33 9 13 69 285 767 923 431 69 11 4 0 0 0 2614
Percent 1.3%0.3%0.5%2.6%10.9%29.3%35.3%16.5%2.6%0.4%0.2%0.0%0.0%0.0%
AM Peak 10:00 11:00 09:00 11:00 11:00 08:00 07:00 06:00 06:00 06:00 03:00 08:00
Vol.8 3 3 14 31 60 74 38 12 1 3 183
PM Peak 12:00 17:00 17:00 17:00 12:00 14:00 13:00 18:00 19:00 13:00 12:00
Vol.3 4 2 7 38 61 69 34 6 4 188
Total 148 25 41 235 992 2519 2696 1146 194 29 7 0 0 0 8032
Percent 1.8%0.3%0.5%2.9%12.4%31.4%33.6%14.3%2.4%0.4%0.1%0.0%0.0%0.0%
15th Percentile : 33 MPH
50th Percentile : 40 MPH
85th Percentile : 45 MPH
95th Percentile : 49 MPH
Stats 10 MPH Pace Speed : 36-45 MPH
Number in Pace : 5215
Percent in Pace : 64.9%
Number of Vehicles > 50 MPH : 230
Percent of Vehicles > 50 MPH : 2.9%
Mean Speed(Average) : 40 MPHPage 161 of 170
Page 4
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/18/23 0 0 1 5 0 3 2 1 1 0 0 0 0 0 13 21-30 6
01:00 1 0 0 0 1 1 3 2 0 1 0 0 0 0 9 41-50 5
02:00 0 0 0 0 2 0 2 0 0 0 0 0 0 0 4 25-34 2
03:00 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 44-53 1
04:00 0 0 0 0 1 3 0 3 0 0 0 0 0 0 7 31-40 4
05:00 0 0 0 0 3 18 17 5 1 1 0 0 0 0 45 36-45 35
06:00 2 0 5 2 11 27 25 16 5 1 0 0 0 0 94 36-45 52
07:00 3 0 0 2 17 35 32 16 5 0 0 0 0 0 110 36-45 67
08:00 2 0 0 2 9 39 46 11 5 2 1 0 0 0 117 36-45 85
09:00 2 0 0 0 13 56 39 13 1 1 0 0 0 0 125 36-45 95
10:00 6 0 0 1 13 65 55 20 5 1 0 1 0 1 168 36-45 120
11:00 4 0 0 5 13 53 78 26 5 1 0 2 0 0 187 36-45 131
12 PM 6 0 1 5 21 45 81 30 8 1 0 0 0 0 198 36-45 126
13:00 3 0 0 0 10 50 59 23 8 3 1 0 0 0 157 36-45 109
14:00 2 0 0 10 15 40 58 33 11 2 0 0 0 0 171 36-45 98
15:00 8 2 2 2 7 48 74 34 11 1 1 0 0 0 190 36-45 122
16:00 7 0 0 0 6 62 103 38 15 4 1 0 0 1 237 36-45 165
17:00 11 0 0 2 11 65 108 60 10 2 3 0 0 0 272 36-45 173
18:00 3 0 0 0 6 34 87 54 10 2 1 0 0 0 197 41-50 141
19:00 1 0 0 1 7 21 53 30 6 4 1 1 1 0 126 41-50 83
20:00 0 0 0 1 6 34 47 23 11 3 0 1 0 0 126 36-45 81
21:00 1 0 0 2 3 30 31 27 4 0 0 0 0 0 98 36-45 61
22:00 0 0 0 0 3 9 20 9 2 1 1 0 0 0 45 36-45 29
23:00 0 0 0 0 0 10 12 3 3 0 1 0 0 0 29 36-45 22
Total 62 2 9 40 178 748 1032 477 128 31 11 5 1 2 2726
Percent 2.3%0.1%0.3%1.5%6.5%27.4%37.9%17.5%4.7%1.1%0.4%0.2%0.0%0.1%
AM Peak 10:00 06:00 00:00 07:00 10:00 11:00 11:00 06:00 08:00 08:00 11:00 10:00 11:00
Vol.6 5 5 17 65 78 26 5 2 1 2 1 187
PM Peak 17:00 15:00 15:00 14:00 12:00 17:00 17:00 17:00 16:00 16:00 17:00 19:00 19:00 16:00 17:00
Vol.11 2 2 10 21 65 108 60 15 4 3 1 1 1 272 Page 162 of 170
Page 5
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/19/23 0 0 0 0 0 2 3 0 2 0 0 0 0 0 7 36-45 5
01:00 0 0 0 0 1 1 0 1 0 0 0 0 0 0 3 29-38 2
02:00 1 0 0 0 0 0 1 0 0 0 0 0 0 0 2 *1
03:00 0 0 0 0 0 1 2 1 0 0 0 0 0 0 4 35-44 3
04:00 0 0 0 0 3 1 4 2 0 0 0 0 0 0 10 41-50 6
05:00 0 0 0 0 5 13 8 3 1 0 0 0 0 0 30 36-45 21
06:00 5 0 0 3 10 27 19 12 7 1 0 0 0 0 84 36-45 46
07:00 4 0 1 5 10 33 33 12 1 0 0 0 0 0 99 36-45 66
08:00 7 0 0 5 10 57 39 10 1 0 1 0 0 0 130 36-45 96
09:00 1 0 0 1 13 42 42 19 5 1 0 0 0 0 124 36-45 84
10:00 5 0 0 5 15 32 47 19 5 2 1 0 0 0 131 36-45 79
11:00 2 0 1 2 9 55 65 28 10 0 0 0 0 0 172 36-45 120
12 PM 4 0 1 8 22 58 65 23 3 1 0 0 0 0 185 36-45 123
13:00 4 0 3 11 26 52 53 19 6 3 0 0 0 0 177 36-45 105
14:00 5 0 2 3 16 43 47 22 5 0 0 0 0 0 143 36-45 90
15:00 5 0 0 2 5 48 77 44 11 1 0 0 0 0 193 36-45 125
16:00 3 0 0 1 6 42 112 43 6 3 1 0 0 0 217 39-48 155
17:00 3 0 0 0 4 54 110 64 9 5 2 1 0 0 252 41-50 174
18:00 1 0 0 0 6 32 68 50 7 2 2 1 0 0 169 41-50 118
19:00 3 0 2 4 3 39 58 32 5 3 2 0 0 0 151 36-45 97
20:00 2 0 0 1 11 38 56 23 8 2 1 0 0 0 142 36-45 94
21:00 2 0 0 1 7 23 33 16 6 2 1 0 0 0 91 36-45 56
22:00 1 0 0 0 1 15 14 13 4 0 0 0 0 0 48 36-45 29
23:00 0 0 0 0 1 5 8 3 1 0 0 0 0 0 18 36-45 13
Total 58 0 10 52 184 713 964 459 103 26 11 2 0 0 2582
Percent 2.2%0.0%0.4%2.0%7.1%27.6%37.3%17.8%4.0%1.0%0.4%0.1%0.0%0.0%
AM Peak 08:00 07:00 07:00 10:00 08:00 11:00 11:00 11:00 10:00 08:00 11:00
Vol.7 1 5 15 57 65 28 10 2 1 172
PM Peak 14:00 13:00 13:00 13:00 12:00 16:00 17:00 15:00 17:00 17:00 17:00 17:00
Vol.5 3 11 26 58 112 64 11 5 2 1 252 Page 163 of 170
Page 6
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
WB
Start 1 16 21 26 31 36 41 46 51 56 61 66 71 76 Pace Number
Time 15 20 25 30 35 40 45 50 55 60 65 70 75 999 Total Speed in Pace
07/20/23 0 0 0 0 1 2 2 2 1 1 0 0 0 0 9 41-50 4
01:00 0 0 0 0 2 3 3 0 0 0 1 0 0 0 9 36-45 6
02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 **
03:00 0 0 0 0 0 1 0 1 1 0 0 0 0 0 3 44-53 2
04:00 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 19-28 1
05:00 1 0 0 0 3 11 15 8 0 0 0 0 0 0 38 36-45 26
06:00 3 0 2 10 10 23 31 13 4 1 0 0 0 0 97 36-45 54
07:00 5 0 1 11 22 29 29 7 2 0 0 0 0 0 106 36-45 58
08:00 3 0 0 5 14 31 26 19 2 0 0 0 0 0 100 36-45 57
09:00 1 0 0 3 17 42 49 16 4 0 0 0 1 0 133 36-45 91
10:00 4 0 2 7 17 45 51 21 9 0 1 1 0 0 158 36-45 96
11:00 2 0 0 5 16 51 50 25 8 4 0 0 0 0 161 36-45 101
12 PM 6 0 1 2 18 48 78 28 12 0 2 1 0 0 196 36-45 126
13:00 0 0 0 8 13 48 73 28 9 4 0 0 0 0 183 36-45 121
14:00 3 0 0 1 3 35 54 31 9 1 1 0 0 0 138 36-45 89
15:00 2 0 0 3 10 49 71 42 12 1 1 0 0 0 191 36-45 120
16:00 5 0 0 3 10 54 100 41 8 1 1 1 0 0 224 36-45 154
17:00 3 0 0 1 6 51 106 53 8 4 0 0 0 0 232 40-49 159
18:00 0 0 0 2 6 44 86 37 14 1 1 0 0 0 191 36-45 130
19:00 0 0 0 0 6 37 56 27 6 2 1 0 0 0 135 36-45 93
20:00 3 0 0 2 10 36 48 29 5 0 0 0 0 0 133 36-45 84
21:00 2 0 0 0 7 26 29 15 5 1 0 0 0 0 85 36-45 55
22:00 0 0 0 0 2 16 17 5 0 0 1 0 0 0 41 36-45 33
23:00 0 0 0 1 2 4 13 5 3 0 0 0 0 0 28 39-48 18
Total 43 0 6 65 195 686 987 453 122 21 10 3 1 0 2592
Percent 1.7%0.0%0.2%2.5%7.5%26.5%38.1%17.5%4.7%0.8%0.4%0.1%0.0%0.0%
AM Peak 07:00 06:00 07:00 07:00 11:00 10:00 11:00 10:00 11:00 01:00 10:00 09:00 11:00
Vol.5 2 11 22 51 51 25 9 4 1 1 1 161
PM Peak 12:00 12:00 13:00 12:00 16:00 17:00 17:00 18:00 13:00 12:00 12:00 17:00
Vol.6 1 8 18 54 106 53 14 4 2 1 232
Total 163 2 25 157 557 2147 2983 1389 353 78 32 10 2 2 7900
Percent 2.1%0.0%0.3%2.0%7.1%27.2%37.8%17.6%4.5%1.0%0.4%0.1%0.0%0.0%
15th Percentile : 35 MPH
50th Percentile : 41 MPH
85th Percentile : 47 MPH
95th Percentile : 51 MPH
Stats 10 MPH Pace Speed : 36-45 MPH
Number in Pace : 5130
Percent in Pace : 64.9%
Number of Vehicles > 50 MPH : 477
Percent of Vehicles > 50 MPH : 6.0%
Mean Speed(Average) : 41 MPHPage 164 of 170
Page 1
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 18-Jul-23
Time Tue EB WB Total
12:00 AM 16 13 29
01:00 20 9 29
02:00 3 4 7
03:00 12 1 13
04:00 41 7 48
05:00 96 45 141
06:00 146 94 240
07:00 199 110 309
08:00 187 117 304
09:00 162 125 287
10:00 170 168 338
11:00 173 187 360
12:00 PM 208 198 406
01:00 160 157 317
02:00 160 171 331
03:00 199 190 389
04:00 189 237 426
05:00 198 272 470
06:00 164 197 361
07:00 101 126 227
08:00 84 126 210
09:00 58 98 156
10:00 32 45 77
11:00 12 29 41
Total 2790 2726 5516
Percent 50.6%49.4%
AM Peak -07:00 11:00 ------11:00
Vol.-199 187 ------360
PM Peak -12:00 17:00 ------17:00
Vol.-208 272 ------470Page 165 of 170
Page 2
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 19-Jul-23
Time Wed EB WB Total
12:00 AM 6 7 13
01:00 5 3 8
02:00 1 2 3
03:00 12 4 16
04:00 41 10 51
05:00 87 30 117
06:00 135 84 219
07:00 188 99 287
08:00 186 130 316
09:00 170 124 294
10:00 199 131 330
11:00 177 172 349
12:00 PM 159 185 344
01:00 149 177 326
02:00 149 143 292
03:00 178 193 371
04:00 212 217 429
05:00 165 252 417
06:00 109 169 278
07:00 101 151 252
08:00 75 142 217
09:00 74 91 165
10:00 35 48 83
11:00 15 18 33
Total 2628 2582 5210
Percent 50.4%49.6%
AM Peak -10:00 11:00 ------11:00
Vol.-199 172 ------349
PM Peak -16:00 17:00 ------16:00
Vol.-212 252 ------429Page 166 of 170
Page 3
Site Code: 4
BURNS RD W.O BROADMOOR BLVD
All Traffic Data Services, Inc.
alltrafficdata.net
Start 20-Jul-23
Time Thu EB WB Total
12:00 AM 12 9 21
01:00 7 9 16
02:00 3 0 3
03:00 14 3 17
04:00 45 1 46
05:00 88 38 126
06:00 139 97 236
07:00 182 106 288
08:00 183 100 283
09:00 152 133 285
10:00 157 158 315
11:00 180 161 341
12:00 PM 188 196 384
01:00 159 183 342
02:00 158 138 296
03:00 169 191 360
04:00 163 224 387
05:00 176 232 408
06:00 160 191 351
07:00 83 135 218
08:00 77 133 210
09:00 73 85 158
10:00 27 41 68
11:00 19 28 47
Total 2614 2592 5206
Percent 50.2%49.8%
AM Peak -08:00 11:00 ------11:00
Vol.-183 161 ------341
PM Peak -12:00 17:00 ------17:00
Vol.-188 232 ------408
Grand Total 8032 7900 15932
Percent 50.4%49.6%
ADT ADT 5,311 AADT 5,311Page 167 of 170
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
Page 169 of 170
CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
Page 170 of 170