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HomeMy WebLinkAbout07/07/2026 08.A... Distributed at the MeetingDRAFT Six -Year Transportation improvement Progra From -2032 0 Concerns • The trolley is riot transportationIt is a seasonal tourist attraction.Why exaggerate its function? Trolley is not eligible for Transportation Benefit District and Transportation Improvement Plan and may not be eligible for the Transportation Alternative Program YVCOG grant. • The trolley was told in February 2026 to secure funding for design and construction of trolley facilities within 18 months. Where is the money? City staff was told to remove trolley design from 6th Avenue Roadway project untie the trolley secured all design and construction funding. Why is design still in TIP? City staff told Council that including the trolley in the eth Avenue Roadway would make funding the project difficult, according to staff conversations at a Wenatchee conference re infrastructure. Why should local, state, or federal taxpayers pay S7-10 rt ittion dollars on a tourist attraction? The trolley already runs on Pine Street The city has yet to document ownership or easements of ale the trolley tracks, including the Selah line. When willthis be done? When will SEPA be completed on all. the trolley projects requested bathe trolley" Who will pay the SEPA costs? Local businesses have expressed concerns about how the trolley tracks negatively pact their businesses. Why do we care more about a seasonal tourist attraction than businesses? Again, Pine Street tracks shouldbe sufficient. The WA State Dept of Archeology and Historic Preservation is reviewing the 1893 National Register nomination for the Yakima Valley Electric Interurban Railroad. Recorrmendations T. Page 4. Remove "including trottey provisions" frorr third box, second rowCorrect oral. Funds', "Total Funds", and Totals". Each should be S10,000,000. 2. Page 14, Replace `Trolley" with "Transportation" in reference to Bridge in third box, second row. Bridge is a shared use public facility. it is not for the exclusive use of the trolley. State and federal funds were received and spent by the city to make this a shared use bridge. . Include mutt -modal and ADA access on the Neches River Transportation Bridge. 4. Provide b written documentation for ownership and access to subject lands and the bridge: Distributed at %fleeting: 7' ltem# July 7, 2026 DRAT Six -Year Transportation improve ent Prograrrr. From 2027 - 2032 Critical lrifarmation -See References Section for Detail A. Trolleys are NOT Transportation, They : are a;Tourist Attraction 8. Trolleys are NOT Eligible for Gas Tax Revenue C. Trails, Such as the Wm. O. Douglas Trail are Eligible for Gas Tax . Trolley SPA incomplete, must be completed. E. Trolley is Not Regionally Significant . Trolley is not I'nterm+dal G. $6.7 Million Better Spent on other TIP projects H. What is the WA State Historic Capital Grants application ford l Requested Notice About Trolley Not Provided J.Significant Concerns Not Addressed K. Who Owns the Neches River Transportation Bridge and the 6th Avenue Properties? b. YVCOG Transportation Alternatives Grant -Eligibility Questionable # RCW Definition of Transportation Improvement N. Petition for Removal of Properties from National Historic Register O. Draft ft ST1P, pages 4 and 14 References A. Trolleys are NOT Tranpertatin, They are a Tourist Attraction A seasonal, non-ADA-accessible tourist trolley that operates on summer weekends and holidays does not provide continuous or functional mobility and therefore does not qualify as'transportation" or "public transorfat+ n" for purposes of inclusion in the State Transportation Improvement Program (STIP). Federal and state planning statutes emphasize mobility, continuity, accessibility, and performance outcomes. Because the service is seasonal, non -accessible, and oriented toward tourism and sightseeing rather than mobility, it fails the statutory and regulatory definitions of transportation, is excluded under RCW 81.104.015(4), and would divert limited transportation funds from projects that advance essential, year-round mobility goals. ee Attorney James Carmody tetter of September 15, 2025to SeptemberI; 2025 to Vicki Baker, City Manager; Bill Preston, Community Development Director; and Sara Watkins, City Attorney re "use of the City's electric railway system as a tourist attraction running between the City and Selah Washington." "In a lawsuit against the City of Yakima and the trolley association, the court ruled that Yakima's trolleys' are not a railroad but instead a tourist attraction and tp;I/apps fj77ac ov�� � 1 t 1 � tc=O&repo7C tty :4 rely 7 2026 DRAT e Transportation l provernen Program From 2027-2032 street car:tine is not ,railr ad. State tai it atso`says streetcars like the teys are not a "raitraad'," and are not "Public portation."2 Under state taw, the Yakima Trolley` is NOT "Pudic Transportation: and the Yakima Trolley is NOT a "Transportation lmprov rnerrt" Under CityOrdinance, Trottey tracks are NOT "Transportation Infrastructure" and do NOT alleviate congestion. B. Trolleys are NOT Eligible for Gas Tax Revenue 1. Per the Summary Explanation "This. plan must include all transportation project 'f©r which state gas tax revenue or federal revenue will be used. 3 .. RCW 7. o.0 _ Gas tax revenue can only be spent for highway purposes: The gas tax is one of the revenue sources subject to Article li, Section 40 of the Washington Constitution (more commonly known as the l8th Amendment, hereafter Amendment 18) This provision requires subject taxes and fees to be spent "exclusively for highway purposes." . ; The 18th Arnendrnent & defines `highway purpose s°` as including: (a) The necessary operating, engineering and legal expenses connected with the administration of public highways, county roads and city streets; (b) The construction, reconstruction, maintenance, repair, and betterment of public highways, county roads, bridges and city streets; including the cost and expense of l l acquisition of rights -of -way, (2) installing, maintaining and operating traffic signs and signal lights, (3) policing by the state of public highways, (4) operation of movable span bridges, (5) operation of ferries which are a part of any public highway, county road, or city street,... C. Traits, Such as the Wn. 0. Douglas Trail are Eligible for'Ga Tax RCW 47.30.030 fiQW 7, .0 0- FacilFacilities f`ar nonmotori ed tra ffic-Expenditure f` available funds. Where an existing highway severs, or where the riht-of-ww y of an existing highway accommodates a trail for pedestrians, equestrians, or bicyclists or where the separation of motor vehicle ;traffic from pedestrians, equestrians, or bicyclists will materially increase the motor vehicle safety, the provision of facilities for pedestrians, equestrians, or bicyclists' which are a part of a comprehensive trail plan adopted by federal, state, or local governmental authority having jurisdiction over the trail is hereby authorized. The department of transportation, or the fee, e.g rC'' w , 5 010(12 nd 11C1N 81.104,01 (4}. I up bkr a t tt 4 fLPdt uty 7, 2026 DRAFT Six -Year Transportation lmprov ment Program From 2027 - 2032 county or city having jurisdiction over the highway, road, or street, or facility is further authorized to expend reasonable amounts out of the funds made available to them, according to the provisions of RCW 46h8.090, as necessary for the planning, accommodation, establishment, and maintenance of such facilities. D. Trolley SEPA Incomplete, Must be Completed The December 3, 2025 letter from attorney Carmody to Mr. Trevor Martin, re Environmental Review for Trolley Operation and Maintenance Agreement-� a PA 01 -2g provides relevant information. The December ember 18, 2025 letter from Attorney Carmody to Mr. Bill Preston, P.E, re SERA Determination of Nonsignficance SERA #104-25 provides relevant information. E. Trolleys are Not Regionally Significant l . Per Summary Statement t The STIP contains federally funded projects plus state and local projects that are regionally significant" 2. "A regionally significant transportation project in Washington State is defined as a project that has substantial importance in terms of its impact on the regional transportation system, including improvements to highways, transit systems,. and multimodal facilities that enhance mobility and accessibility." F. Trolleys Are not Intcrrmodal i Per Summary Statement: «projects for the inter -modal transportation network in. the State of Washington." 2. "lnt rmo ial transportation in Washington State involves the movement of goods using two or more different modes of transport within a single journey." 6 G. $6.7 Million Better Spent on other TIP Projects . Community Development estimated the construction costs of including the trolley in the roadway would be , `00,00 .' 2. Other TIP projects, some on the list for years, are a much higher ppriority than YVT, a tourist attraction operating a few days a few months of the year. Project. Browne Avenue sidewalks -4 a �µ 4a o 7Q 4 Current Estimate 12 ,000 2017 Es 6,000 Qr Qn± ctc tb; July 7, 2026 D1AFT Six -Year 2. Fair Avenue side wali Transp rrkation lmpr+ ve From 2027 - 2032 st St Washington int/Sec rat Program ,60,660 2,87,500 670000' $2,000,000 H. hat is the WA State Historic Capital. Grants app[i ation for YVT 1.; 795,200 cash match from the City? Funding source and budget not identified in application. 2. Submitted by Mr. Bill Preston and Ms. Vicky Baker, after a YVT application was deemed ineligible. Requested Notice About Tro tey Not Provided No notice provided to Yakirns Taxpayers for Fiscal Reponsibilitydespite their request in the September 25, 2026letter from attorney James Carmody. "Please give advance notice to YTFR of any processes, meetings, decisions, determinations, or public comment opportunities under SEPA, NEPA, TBD, and Section 106 of the National Historic Preservation Act for all. trolley -related projects, inctudinig 6th Avenue, Neches River Bridge, BNSF diamond crossing, end other connected projects to rebuild or operate trolley -related facilities." 2. , As of 7/712026 at 9: 0 AM, no notice about this TIP hearing on Engineering page under Engineering Notices 8 Significant on rn Not Addressed 1. On February 17, 2026 City Council removed the trolley tracks frorrr the TBD 6th Avenue Roadway Project due to concerns that the trolley was not an eligible "'transport tion improvement" Why include it in the TIP? 2. Washington Fruit and P int mith letters advised the city about negative impacts to their businesses due to trolley. Yakama Nation advised the city about concerns duringthe SEPAproces. 4. City budget cuts generated public comments from Yakima residents strongly supporting fire protection, Harman Center, Franklin pool, public toilets in park, and other local services and amenities that have much more use than low volume trolley ridership. uty 7, 2026' DRAFT ix -Year Transportation Improvement Progra From 2027 - 2032 K. Who Owns the Neches River Transportation Bridge and the ; 6th Avenue Properties? The December ember 18, 2025 letter too i'ir. UJ. Preston, RE. re SEPA Determine rr of I onsignfioenc EPA #104-25 (file couldn't be found on line) stated: 1. 1985 Quit Clain Deed did not include land in Setah Gap owned by BNSF 2. ` 1985 Donation exctuded raitroad structures and fixtures. Congdon Orchard Decision:- Trolley is "not a railroad" but instead a "To ri i Attraction" and 1985 I C abandonment t triggered reversion of private railroad easements to undertying private land ornery. 4. No evidence of undertying landowner er consent to trotly operation . LM TAP — Eligibility Questionabte The Yakima Valley Conference of Governments (YVCOG) G) authorized Transportation Alternatives Program (TAP) funds for the City ofYakima, Yakima ValleyTrolley Bridge . Rehabilitation Project (CAR) on July 19, 2024. However, eligibility is questionable. See emelt below. Frolker, Seth To: Preston, Bill; Adolf, Alan Cc: i allevig,;Dana; i ashebeugh, Robert Subject: Re: [EXTERNAL] Re: Trolley Bridge Rehab TAP funding Date: Tuesday, January20, 2026 3:08:45 PM All, this is what I received from HQ regarding this project. Based on my understanding of the project and questions, I have the following comments. Historic Pr sery ition °R h b titatio n —The key on this depends on what's considered historic. Without trolley use, what's historic about the bridge itself? i would say the trolleys are what make the overatt WI system histooric. If the bridge no longer be used for trolleys, I'd say repair/rehab of the bridge is NOT eligible for TA as historic preervation/rehabilitation; Non -Motorized Facilities. If the bridge won't allow pedestrians (and I assume other non -motorized forms of transportation), then it'wvoutd NOT be TA eligible as a non -motorized transportation facility. Unless there's something I'm missing or misinter reting, this project is NOT eligible for TA. Beth Walker, ROE., SCFl Local Program Engineer, 50-480-25 5 uty 7, 2026 DRAFT Six -Year Tranport tion im rro erne t Program From 2027 - 2032 RCW 3 . 3.01 `Definitions (6)'Transportation improvement' means a project contained in the transportation pl f the state, a regional transportation planning organization, city, county, or eligible jurisdiction as identified ire RCW 36.73.020(2).A project may include investment in new or existing highways of statewide significance,'` principal arterials of regional significance, high capacity transportation, public transportation, and other transportation projects and programs of regional or stateside significance including transportation demand management. Projects may also include the operation, preservation, and maintenance `ofthese facilities or programsa NI. Petition for Removal of Properties from the National Historic Register Yaim Valley Transportation Company -- NFL Listing No. 84004012 Federal Register 601 Removing properties from the Nlational Register. a) Grounds for removing properties from the National Register are as follows: 11 )„moss or destruction of the qualities hieh caused the proper tie o be originally Heed, (2) Additional it form Lion :shows some properties do not<rneet the Nadonna Register o iteria; and l Prejudicial procedural and professional errors in the nomination and listing process affecting private property rights. July 7, 2026` O. STIP ©RAF` Six -Yea Transportation improve en Program From 2027 - 2032 Six Year' r nepor afion mpro ement Proms Prom 207o 2032 Six Year Tram portatlr n mpro ement Program From 2027 to 2032 0 5T Totl14 4 140.000 Tcttl. rsda 202