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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Conservation Item: Open Space Project – Contribute towards the purchase of a 102 acre parcel known as Bonner Hill in Bonner Date: May 14, 2010 Prepared by: Jackie Corday Initiated by: Parks Department Action Required: Set a public hearing for adoption of a Resolution that authorizes the contribution of $25,000 towards the purchase of a 102 acre parcel with 2006 Open Space Bond funds. Recommended Motion: THAT COUNCIL APPROVE A RESOLUTION TO EXPEND $25,000 OF 2006 OPEN SPACE BOND MONEY TO FUND THE PURCHASE OF AN APPROXIMATELY 102 ACRE PARCEL ADJACENT AND TO THE EAST OF THE BONNER SCHOOL TO BE OWNED BY THE BONNER SCHOOL DISTRICT FOR PUBLIC OPEN SPACE PURPOSES. Timeline: Referral to committee: May 14, 2010 Committee motions to set hearing: May 19, 2010 Council acts to set hearing: May 24, 2010 Committee discussion: June 2, 2010 Public Hearing: June 7, 2010 (This would be a joint Board of County Commissioners and City Council hearing) Background and Alternatives Explored: This is a request from The Nature Conservancy ("TNC") for the City to contribute $25,000 towards the $140,000 purchase price of an approximately 102 acre parcel for the Bonner School District that is located adjacent to and east of the Bonner School playground. The remaining $115,000 portion of the purchase price has been awarded through the Natural Resource Damage Program ("NRDP"). TNC is negotiating with Fish Wildlife & Parks Department of Natural Resources and Conservation, and the U.S. Forest Service to purchase multiple parcels surrounding the Milltown/Bonner area in conjunction with the whole Milltown Dam removal/river restoration efforts (see Attachment FWP applied for and has been awarded NRDP funding to purchase three parcels (Parcels 3, & 4 on Attachment FWP was not interested in owning the Bonner Hill property (Parcel #1 on Attachment A) as their focus for acquisition is along the river and thus the School District was the next best fit for ownership. ---PAGE BREAK--- The property is located within the Open Space Plan boundaries on the eastern edge. This land was formerly owned by Plum Creek Timber and purchased by TNC as part of the Montana Legacy Project. It is mostly steep timbered hillside with one logging road that switchbacks once on the property and then continues NE onto the adjacent privately owned property. There are no structures on the property. The property has traditionally been used by school children and the East Missoula residents as an extended playground for hiking and sledding. It is an important part of the viewshed to the Milltown/Bonner area. Jamie Jonkel with FWP informed Jim Berkey that he has observed wolf, black bear, and moose using the northwestern edge of the property to get to the I-90 bridge across the Blackfoot River and thus it is a significant local wildlife corridor. Bonner School Superintendent Doug Ardiana has seen black bear and elk on the property. Superintendent Ardiana is very enthusiastic about the school owning the parcel. He believes that the school is a good fit and will be able to handle management of the property with in-put and help from the local residents. For example, he said there are still many resident loggers who have indicated they would assist with any fire or beetle kill management needs. However, about 80% of the parcel was logged approximately 6 years ago so there is not much need currently to further manage for those two particular issues. Doug said Bonner could be the first school in the nation to own a community forest. Because the school is not a traditional partner in land conservation, the NRDP funding of $115,000 was made contingent upon a deed restriction and reversion in favor of the State be placed on the parcel "to assure the property has a recreation/conservation end use in the long-term." Jim Berkey informed the Open Space Advisory Committee ("OSAC") that TNC has discussed two options with the state NRD program regarding the deed restriction to ensure perpetual base-level protection of the Bonner Hill parcel: 1) TNC sells the property to the State of Montana, who places a deed restriction with a reversion clause on the title and then sells to the Bonner School; or 2) TNC sells the property directly to the Bonner School District with a deed restriction. As of this date, TNC has not decided upon which of these options they will take. OSAC members felt that the deed restriction could be stronger and more specific and thus unanimously voted to recommend to the Council and Commissioners to make the Open Space Bond funding contingent upon the following: That a deed restriction and reversion in favor of the State or The Nature Conservancy be placed upon the property in order to assure that the property’s open space values of wildlife corridor and habitat, scenic view-shed, public trails, and environmental education are permanently protected. The reversionary clause in the deed should include language similar to the following “The 102 acre parcel must be utilized and maintained as public open space land without any structural development occurring other than for improvements related to its public open space status.” OSAC Members also unanimously voted to have a letter sent to the School District stating that the Parks Department would like to have Conservation Lands Manager Morgan Valliant participate in helping to draft the land management plan for the property. This property meets three out of the seven types of lands listed by the 2006 Open Space bond protecting wildlife habitat; providing open space and scenic landscapes, and providing ---PAGE BREAK--- recreational trails. OSAC met on March 11th, 2010 and unanimously recommended approval of this project. Financial Implications: If approved by Council and the Commissioners, $25,000 would be deducted from the City’s $5,000,000 share of the bond. The City would not have any further financial obligations for this property as it will be owned by the Bonner School District. Attachments: 1. Aerial photo of the property 2. Letter of support from OSAC 3. Resolution authorizing bond expenditure