Admin Order 58-21-02-F -- Wetland Mitigation Bank Fees

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Exhibit B to Administrative Order No. 58-21-02-F Findings – Page 1 City Manager’s Findings Proposed Wetland Mitigation Bank Fee Schedule Amendments Pursuant to Section 2.020(2) of the Eugene Code, 1971, the City Manager has considered the following factors in determining the proposed Wetland Mitigation Bank fee amendments: (a) Applicable policies, enactments and directives of the Council. Findings: The City Council has not adopted any policies, enactments or directives specifically applicable to the mitigation credit fee structure. Council initially supported the West Eugene Wetland Plan and the establishment of the West Eugene Wetlands Mitigation Bank in 1992. We have sponsored a self-supported mitigation bank continuously for over 28 years. (b) The amount charged by the City in the past. Findings: Fees set for mitigation credits have varied over the last twelve years. Below is a brief outline of pricing history:  January 26, 2009 – AO No. 58-02-24-F was repealed by the issuance of AO No. 58-08- 10-F to establish a fee of $77,000/credit with an annual increase of 2.5% to support future acquisition of land for continuation of our mitigation banking program.  August 23, 2010 – Based on maintenance and market costs at the time AO No. 58-08- 10-F was repealed by AO No. 58-10-09 which decreased the fee to $58,000/credit with annual increases determined by any increase in the Consumer Price Index-Urban beginning on January 1, 2011. The amendment also included a discount for purchases of 10 or more credits.  May 8, 2012 – AO No. 58-12-07 repealed the previous AO decreased the per credit fee to $55,000 and reduced any interest fee for purchases to zero percent as a due to a lack of credit sales as a result of an ongoing national economic downturn and the premise that that the program would ultimately be discontinued.  April 3, 2013 – Due to a lack of credit purchases from the previous reduction in price and resultant reduction of program staff the City began “liquidating” 11.29 surplus credits from the West Eugene Wetlands Mitigation Bank with an Invitation to Bid. Minimum bid was set at $39,000/credit.  February 27, 2014 – Invitation to Bid on 6.98 surplus wetland mitigation credits from the West Eugene Wetland Mitigation Bank continued with an updated minimum bid price of $41,000. The West Eugene bank closed in 2015.  Current price – The Coyote Prairie North Mitigation Bank is still in operation, and current fees were set for this bank by AO 58-12-07 on May 8, 2012. The program is seeking to establish the Amazon Prairie Mitigation Bank with construction beginning in the summer of 2021. Documents for the establishment of the Amazon Prairie bank are currently under review by the Department of State Lands (DSL) and the Army Corps of Engineers (USACE). Following the annual increases adopted from AO No. 58-10-09 the fee has