City could decide next move on FishPass
May 8—TRAVERSE CITY — Decision time on how to proceed after a Traverse City resident successfully sued to hold up construction of FishPass could be coming soon.
City commissioners on Monday will meet in closed session with City Attorney Lauren Trible-Laucht to discuss the suit. She said in an email it's possible city leaders could take action after the closed session but that's unknown until they talk first.
Thirteenth Circuit Court Judge Thomas Power ruled Union Street Dam is on parkland and that the fish-sorting channel proposed as part of a nearly $20 million replacement of the dam isn't parkland use, rejecting Trible-Laucht's arguments to the contrary. That decision, should it withstand a higher court's scrutiny, would mean the city charter wouldn't allow FishPass to move forward without city voters' say-so.
Appealing to the Michigan Court of Appeals is only one option, as is putting the question to a referendum, as plaintiff Rick Buckhalter asked for. He repeated that request after Power's April 29 ruling and said Friday city voters should have a say over parkland, whether it's formally dedicated as a park or not.
Mayor Jim Carruthers and commissioners Tim Werner and Brian McGillivary all separately said they want to hear from Trible-Laucht before they can decide which move the city should make. But none of the three were interested in abandoning the project.
"The only option that's not on the table for me is walking away," McGillivary said.
What was envisioned as a capstone to the Boardman River Restoration Project would replace a dam that dates to the 1860s (with some maintenance done in the 1950s) as previously reported. It's been a lightning rod for debate, both about the proposal to overhaul Union Street Dam Park and about concerns that letting fish upstream in what's also known as the Ottaway River would harm the prized trout fisheries there.
The dam needs help, and it's surrounded by a park that's deteriorated as well, McGillivary said. Without FishPass and the federal funds behind it, it's likely the city would have to repair or replace the dam at a sizeable cost to the city — and its taxpayers.
Fixing or replacing the Union Street Dam has been the plan all along, although there's been some debate over how urgently the old earthen dam needs fixing. Water can be seen seeping out of parts, although project skeptics have frequently pointed to a 2008 study listing repairs and upgrades.
That study is more than a decade old, Carruthers said, and he believes the dam needs attention soon.
"This is an opportunity to do so at little general fund cost," he said.
McGillivary said he would be surprised if commissioners took action Monday, given the freshness of Power's ruling — the commissioner had not yet seen a final order as of Friday.
Nor did Werner anticipate any action as of Friday, he said.
"I've been supportive of the project all along, and I hope to see it completed at some point in the not too distant future," he said. "But I don't know the legal ramifications of choosing one path versus the other, as well as the practical ramifications of the funding partners and how long they will wait."
Marc Gaden, communications director for FishPass lead agency Great Lakes Fishery Commission, said in an email the GLFC is still weighing its options. He previously said the grant funding isn't in immediate jeopardy.
