Loading...
HomeMy WebLinkAboutA001 - Council Action form dated January 13, 2004 ITEM # DATE January 13, 2004 COUNCIL ACTION FORM SUBJECT: Adopt Ordinances to Govern Ada Hayden Heritage Park (AHHP) BACKGROUND: It is anticipated that Ada Hayden Heritage Park will open in the spring of 2004. Existing park rules and regulations that govern the Ames park system will also apply to this site (Attachment A). However, one unique park feature at this site, 130 acres of water, dictates that additional rules and ordinances be adopted to assure that water quality and the fisheries component are not only maintained but enhanced in the years to come. Prior to establishing fishing regulations to govern this resource a survey of the fisheries was completed last year. The information and data derived from the survey was used to establish the recommended rules and regulations for this site. The Iowa Department of Natural Resources, in conjunction with Iowa State University, completed the Fishery Survey. The goals of the survey where to: 1. Determine what species were present, 2. Assess age-growth of the fish; and 3. Assist with the development of appropriate fishing regulations and ordinances to guide the development of a Fishery Management Plan for this unique site. Findings: • 18 species of fish were sampled during 2002. o Major game fish sampled were largemouth bass, bluegill, and crappie. o Minor game fish sampled included channel catfish, yellow perch, green sunfish, and hybrid sunfish. o Major non-game fish sampled were carp, carpsucker, gizzard shad, freshwater drum and buffalo. o Other species sampled were green sunfish, yellow perch, channel catfish, quillback and river carpsucker, common shiner, smallmouth buffalo, Johnny darter, white sucker, golden shiner and hybrid sunfish (green sunfish / bluegill). o Large mouth bass was the primary predator. o The bass population is healthy and in good condition. o Bluegill and crappie populations were in good condition, but pan fish reproduction (spawning) was limited due to limited habitat and the presence of gizzard shad. o Habitat: The littoral areas (shallower, more productive areas for fish) are limited at this site. • Size/Quantity of Fish: o Largemouth bass — Majority are 13 inches or less, with a few in excess of 18 inches. o Bluegill — Majority of the fish ranged in size between 4.5 and 6.5 inches in length. o Crappie — Not present in large numbers, but there are several age groups. o Channel Catfish — Not present in large numbers. o Green Sunfish — Viable population and the size distribution indicate this a fishable population. The length frequency distribution showed fish up to 7.5 inches. o Gizzard Shad — Compete directly with other fish species during various points in the life cycle, particularly bluegill and at times crappie shad negatively impacts populations. DNR Observations: • Habitat: Littoral zones in the lakes are limited. These areas are used for spawning, nursery, and for normal contained areas of vegetation. • Fishery: There are several concerns in dealing with the fishery. One of the more important is the presence of gizzard shad. Gizzard shad compete directly with pan fish, particularly bluegill. The weak/missing year-classes of largemouth bass also indicate a limited amount of habitat in the lakes. DNR Recommendations: It should be understood that the DNR does not establish rules and regulations for public bodies of water. Their role is to recommend to the Natural Resources Commission (NRC), who has the responsibility to establish rules and regulations for fishing throughout the State. • Habitat: 1. Increase littoral zones used for spawning, nursery, and for normal contained areas of vegetation. 2. Consider the addition of cedar trees, larger rock material, etc. 3. Add clays/soil to areas to provide a base for growth of vegetation. • Fishery: 1. As stated above, due to the lack of habitat there is a minimal population of largemouth bass. To address this issue the NRC established an 18" minimum size limit to protect the bass spawning population and provide a more consistent predator base to help control shad and other non-game species. Local Reaction to Survey Findings/DNR Recommendations: Upon receiving the survey/recommendations City staff, along with Steve Lekwa, Director of Story County Conservation, met with several, very knowledgeable, local anglers (Todd Burras, Danny Craig, Les Holland, Clyde Richards, Steve Vaysey, Al Weber, Dick McWilliams, DNR, and Andy Fowler/Joe Morris, ISU) to discuss the survey findings and related recommendations from the DNR. These individuals shared the following observations and recommendations in an attempt to maintain this site as a viable recreational fishing spot for years to come: • This is a unique site. It is a man-made body of water that functioned as a rock quarry for several decades. It is, on average 50 feet deep, with very steep banks. Due to these conditions fish habitat/spawning zones are virtually non-existent. • This site was privately owned and the public was denied access. Because of this, hundreds (if not thousands) of people in central Iowa have the perception that these lakes are "full of huge fish". The DNR's survey shows this is not the case. The lack of habitat/spawning zones has affected both the quantity and quality of the fish. • Once this park opens it will experience tremendous usage by anglers; not only from central Iowa but potentially from a 50 to 75-mile radius. • Even if spawning zones/habitat areas are created regulations/ordinances need to adopted to govern this resource for years to come. If not, the site could be "fished-out" in perhaps less then a month or two. If this occurs, it will be virtually impossible to reestablish the fisheries component at this site. • Even though the NRC established an 18" minimum size limit for Black Bass (both small and large mouth) local anglers support that additional regulations be created at this site by the City of Ames to assure additional protection of a sensitive fishery. Recommendations: o Black Bass: Catch and release only (versus the 18" minimum length limit established by the NRC). o Crappie: Possession limit of 5 per person / per day. o Bluegill and Sunfish: Possession limit of 10 per person / per day. o Spawning Zones: Establish areas and restrict fishing in those areas during May 1 through June 30 (spawning season). This will be accomplished through signage, barriers both on land/shore and in the lake. o No dumping of live bait o Electric motors only: No motors fueled by gasoline are allowed on the premises of the park. o No fishing from the bridge: Safety of pedestrians' walking/biking on the bridge. It should be noted that several local anglers have volunteered to serve as Fishing Ambassadors at this site. It is envisioned that they would educate and inform the public as to "why" regulations and ordinances exist, to ensure a viable fishing spot for years to come. It is hoped that this approach, versus enforcement through citations, would gain better acceptance and compliance. If, however, an individual continues to disregard the regulations they could be cited by the Ames Police Department. The DNR would be responsible to check fishing licenses. To further address the lack of habitat, staff will proceed with the DNR's recommendations regarding the addition of trees, large rock material, clays and soil (in specific areas of the shoreline) to provide a base for the growth of vegetation. The Parks and Recreation Commission unanimously approved establishing ordinances to address the concerns of local anglers. The Commission directed staff to request the City Attorney to: 1. Render an opinion if a City can adopt more stringent provisions for a City park lake then the State of Iowa. The City Attorney reports that Section 364.3(3) Code of Iowa states: "A City may set standards and requirements which are higher or more stringent than those imposed by state law, unless a state law provides otherwise." There is no wording in the Code of Iowa, or in the DNR rules providing that a City cannot adopt more stringent provisions for a City park lake. 2. Draft ordinances for City Council action. Attachment B includes the related ordinances to govern AHHP. ALTERNATIVES: 1. Adopt ordinances to govern Ada Hayden Heritage Park 2. Do not adopt ordinances to govern Ada Hayden Heritage Park 3. Modify ordinances to govern Ada Hayden Heritage Park MANAGER'S RECOMMENDED ACTION: The City Manager's recommended action is Alternative 1 to adopt ordinances to govern AHHP. It became apparent, through the data received in the Fisheries Survey, that due to the lack of habitat and the depths of the lakes that the fish population has been impaired. By establishing catch and release on Bass, limits on Crappie, Bluegill and Sunfish, and restricting fishing in certain portions of the lake during the spawning season this site may serve as a viable fishing spot of years to come. Restricting motors on boats to "electric only" will help insure quality water. Staff will be proactive in educating anglers as to why these ordinances exist (fishing ambassadors at the site handing out brochures, Channel 12 show, etc). COUNCIL ACTION: ATTACHMENT A Existing Park Rules and Regulations • Hours: 6 AM to 10:30 PM • Parking: On hard surface areas only • Vehicles: Restricted to hard surface areas only • Speed limit: 15 MPH • Wildlife — All wildlife is protected. No person may harm, harass, hunt, trap or remove any animal, including mammals, insects, or birds from the park except upon written approval of the City. • Plant life — All plant life within the park is protected. Patrons shall not willfully mutilate, injure, destroy, thrash, or remove any live tree, shrub, vine, wildflower, grass, sedge, fern, moss lichen, fungus or any other member of the plant kingdom or portion thereof, except upon approval by the City. No person shall collect or harvest dead wood or plants, or portions thereof, except upon written approval. The collection of nuts on the ground is allowed. • Snowmobiles, horses: Not allowed (Exception: The City will groom cross country ski trails using a snowmobile). • Alcoholic beverages: Beer and wine allowed — no kegs • Pets: Cats and dogs must be leashed and cleaned up after • Fires: Allowed in grills only • Noise: In compliance with Chapter 16 of the Code • Water Activities: Unlawful for any person to swim or bathe in the waters of any park or in any other public waters within the limits of the City. • Camping: Not allowed • Soliciting and Selling: Not allowed. Authorization must be obtained from the Department.