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ADMINISTRATIVE ORDER NO. 58 -10 -09 <br />of the <br />City Manager of the City of Eugene, Oregon <br />CONCERNING NOTICE OF INTENDED AMENDMENT OF THE <br />WETLANDS MITIGATION BANK FEE AND REPEAL OF <br />ADMINISTRATIVE ORDER NO. 58- 08 -10 -F. <br />The City Manager of the City of Eugene finds as follows: <br />A. Section 2.020 of the Eugene, Code, 1971 authorizes the City Manager to <br />determine and set fees and charges to be imposed by the City for services, goods, use of <br />municipal property, and licenses and permits. <br />B. The City of Eugene has entered into an agreement with the Oregon Department of <br />State Lands (ODSL) and U.S. Army Corps of Engineers to restore and enhance wetlands to <br />create mitigation credits that can be used to meet permit obligations for development projects <br />within the region. <br />C. In order to recover the City's costs of developing and maintaining wetlands, on <br />January 26, 2009, Administrative Order No. 58- 08 -10 -F was issued establishing a wetlands <br />mitigation bank fee of $77,000 per credit with an annual 2.5% increase beginning January 1, <br />2010. <br />D. Based on an evaluation of the costs associated with maintaining the wetlands and <br />the market for mitigation credits, staff has recommended that the fee be decreased to $58,000 per <br />credit with an automatic annual adjustment based on the U.S. Consumer Price Index -Urban, <br />beginning on January 1, 2011. Staff also recommend offering a discount of 15% for single large <br />purchases of 10 credits or more, provided that, on the date of purchase, the City's Wetland <br />Mitigation Bank has a cash balance totaling, at least, 1.5 years of anticipated capital and <br />operating costs. I concur with staffs recommendation, and intend to amend the wetlands <br />mitigation fee as set forth in the Notice of Intended Fees attached as Exhibit A to this Order. <br />E. I find that the proposed fee set forth in Exhibit A has been computed in a manner <br />consistent with the requirements of the City's agreement with ODSL and the U.S. Army Corps <br />of Engineers, and is necessary in order to provide a sustainable budget for the wetland mitigation <br />program. In determining the proposed fee, I have considered the applicable policies, enactments <br />and directives of the City Council, the amount charged for these services by the City in the past, <br />the full costs of providing the services supported by the fees, the amounts charged by other <br />comparable providers, and the revenue needs of the City as determined by the adopted City <br />budget. <br />On the basis of these findings, I order that: <br />1. Copies of the Notice be provided to the Mayor and City Councilors, posted at two <br />locations at City Hall, be made available to persons who have requested such notice, be <br />Administrative Order - Page 1 of 2 <br />