HomeMy WebLinkAbout06/13/1988
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
June 13, 1988
The City Council Meeting was called to order by the Mayor at 7 30 p m
Councilmembers present Kent Davi~, Tony FIasco, Doris Ibbison, Larry
Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Also
present City Clerk, Wanda Sang, City Administrator, Mike Smith, City
Attorney, John Hayes, Chief of Police, Howard Jaquay, Acting Public
Works Director, Bob Goebel, Director of Planning & Development, Glen
Gidley, Director of Parks, Richard Bredt, staff, and interested
citizens
APPROVAL OF MINUTES of May 23, 1988
Motion by Mrs Ibbison for the approval of the Minutes of May 23, 1988,
seconded by Mr West Mrs Worth asked that on page 4, Council Bill
342, Ordinance 757, be added "Mrs Worth asked Chief Jaquay if thi~
Ordinance was enforceable, he stated it was" Motion carried 8-0
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak
LOCAL LIQUOR LICENSING AUTHORITY MATTERS
Item-1~ Public Input on Special Events Permit for Sts Peter and Paul
Church
There wa~ no one present to speak
Item 2. Application by Patzcuaro, Inc , dba Re~taurante Taqueria
Patzcuaro, 7000 W 38th Avenue, Wheat Ridge, for a new Hotel &
Restaurant Liquor License with Extended Hour~
Motion by Mr Merkl to waive the survey requirement on this property
since it previou~ly held a Hotel & Restaurant Liquor License and the
needs and desires of the neighborhood were already established I
further move that the public hearing on thi~ application be held on July
11, 1988, seconded by Mrs Ibbison, carried 8-0
Item 3. Application by Ingrid Hunt, dba Alpen Haus Cafe & Sandwich
Shop, 4980 Kipling Street, #12, Wheat Ridge, for a new Beer &
Wine Licen~e
Motion by Mrs Keller that the neighborhood be set at a 1-mile radiu~,
that a survey to establish the needs and desires of the neighborhood be
taken, and that the public hearing on thi~ application be held on July
11, 1988, ~econded by Mr West, carried 8-0
CITY COUNCIL MINUTES
June 13, 1988
Page -2-
Item 4
Motion to set a Hearing for alleged Liquor Violation at Jolly
Jack Liquors
Motion by Mrs Worth that a Notice of Hearing and Order to Show Cause be
executed by the Mayor and City Clerk and be
for July 25, 1988, at 6 30 pm, based upon
the attached Offense Report, seconded by Mr
issued to Jolly
the allegations
Davis, carried
Jack Liquors
contained in
8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 5. Public comments, suggestions and requests regarding 1989 City
Budget
Peter Porsi, 10120 W 32nd Avenue, was sworn in by the Mayor and spoke
against using funds for 32nd Avenue, strongly urged Council to pay
attention to 1300 signatures conveying the needs and wants of their
neighborhood, suggested using City funds for more crucial items
William Clark, 3205 Moore Street, was sworn in by the Mayor and
suggested Council only allocate funds to repair existing streets rather
than spend taxpayers money on unwanted and unneeded expansion of the
street system
Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor and made
the following statements She does not want the City to buy Time
Square, Bonding Project, later on the Agenda tonight, should go to a
vote of the people and not be decided by Council, use more Open Space
funds for preserving Open Space, thanked Council for purchasing the 1
acre at 38th and Owens, don't escalate the cost of parks--hold down the
amount of development, don't use any more red brick like the one used on
44th Avenue, it begins to decay within 3 or 4 months, or whenever the
first frost hits after it has been put in, stop rescinding and rewriting
ordinances, costs for attorney and publication costs are high, drainage
funds should be used for drainage and not subterfuge for street
widening, streets should just be maintained, provide a warning system
for Lena Gulch area She urged to lessen the cost of government
Item 6
Council Bill 344 - An Ordinance repealing and reenacting
various sections of Chapter 13 of the Code of Laws of the City
of Wheat Ridge, relating to nuisances and nuisance abatement
Council Bill 344 was introduced
read by the Clerk, Ordinance No
City Attorney, John Hayes, went
ordinance, that had been agreed
Council consensus
by Mr Merkl on second reading, title
760 assigned
over some of the changes of this
upon during the June 6 Study Session by
Phyllis Lancaster, 4076 Everett Street, was sworn in by the Mayor and
spoke in favor of the Ordinance as amended She voiced her concerns
about big commercial dumpsters in residential neighborhoods
Don Lancaster, 4076 Everett Street, was sworn in by the Mayor He
complimented Mr Hayes on the Ordinance and spoke in favor
CITY COUNCIL MINUTES
June 13, 1988
Page -3-
Dougal Graham, 3330 Cha~e Street, feels that although the Ordinance has
been improved, it i~ too long, in fact is almo~t trivial, he was
concerned that after notice is given, the City may enter on the premises
after a specified period of time and abate the nui~ance, feels there is
no nuisance until a court of law has determined there i~ a nuisance
Mayor Wilde read a letter ~igned by 12 residents in favor of this
Ordinance into the record
City Clerk, Wanda Sang, read a letter from a resident in opposition into
the record
Motion by Mr Merkl for the adoption of Ordinance 760 on second reading
with the amendments as set forth and read by the City Attorney as part
of the Ordinance, seconded by Mrs Keller
Motion by Mr~ Worth to amend the Ordinance under Sec 13-5 (a)(3) to
read "that in the event the violation cited in the notice to abate
and/or summons and complaint is abated within thirty (30) days from the
date. ", seconded by Mrs Snow, Failed 3-5 with Councilmember~ Worth,
Snow, and Ibbison voting yes
Motion by Mrs
seconded by Mrs
Snow voting yes
Worth to change that same Section to fifteen (15) days,
Snow, Failed 3-5 with Councilmembers FIasco, Worth, and
Motion by Mr FIasco that on page 16, Sec 13-15(e) should read
Section shall not apply to ambulances or other emergency vehicles
Strike "operated by the City or any fire protection district "
"this
"
Mr Merkl accepted this as a friendly amendment
Motion by Mrs Snow to amend the Ordinance that under Section 13-16 Weed
Control be added a subsection (e) to read "It shall be unlawful and
shall be deemed a nuisance for the owners of all properties within the
City to allow weeds to grow on the adjacent street right-of-way to a
height of more than twelve (12) inches" Seconded by Mr. West, carried
7-1 with Mr Davis voting no
Motion by Mrs Snow to delete subparagraph (b) in Sec 13-12, seconded
by Mrs Worth, Failed 2-6 with Mrs Snow and Mrs Worth voting yes
Motion by Mr FIasco that in Sec 13-12 (b) the words "in odor" be
removed, seconded by Mr~ Keller, carried 6-2 with Councilmembers Worth
and West voting No
Motion by Mrs Snow to amend Sec 13-12 (d) to take out "to become
offensive in odor, offen~ive to sight", seconded by Mr~ Worth, Failed
2-6 with Councilmember~ Snow and Worth voting yes
Mr Merkl called for the question, seconded by Mr Davis, carried 5-3
with Councilmembers Keller, Worth, and Snow voting No
CITY COUNCIL MINUTES
June 13, 1988
Page -4-
Vote on the original motion carried 7-1 with Mrs. Snow voting No,
because there are three or four paragraph~ which overreach the authority
of the City and which are too general and can be used a~ a vehicle for
harrasment by one neighbor against another, something which i~
offensive in sight or smell or hearing and I think the City has gone too
far
Item 7. Council Bill 345 - An Ordinance repealing and reenacting
Sections 14-67 and 14-68 of the Code of Laws of Wheat Ridge
and, thereby, making it unlawful to attempt to violate the Code
of Laws, to aid another in an attempt to violate the Code of
Laws, or to aid another in an actual violation of the Code of
Laws
Council Bill 345 was introduced on second reading by Mrs Keller, title
read by the Clerk, Ordinance No 761 assigned Motion by Mrs Keller
for the adoption of Council Bill 345 (Ordinance 761) on second reading,
seconded by Mr West, carried 8-0
Item 8. Council Bill 346 - An Ordinance adding Section 14-42.3 to the
Code of Laws of the City of Wheat Ridge and, thereby, making
the possession of less than one ounce of Marijuana unlawful
Council Bill 346 wa~ introduced on second reading by Mrs Worth, title
read by the Clerk, Ordinance No 762 a~signed Motion by Mrs Worth for
the adoption of Council Bill 346 (Ordinance 762) on second reading,
seconded by Mrs Snow, carried 8-0
Item 9
Council Bill 347 - An Ordinance amending Sections 14-17 and
14-22 of the Code of Laws of the City of Wheat Ridge and
creating municipal offenses for giving police officers false
information regarding identity, and for making unwarranted
calls to the City's emergency telephone numbers
Council Bill 347 wa~ introduced on second reading by Mrs Snow, title
read by the Clerk, Ordinance No 763 assigned Motion by Mrs Snow for
the adoption of Council Bill 347 (Ordinance No 763) on second reading,
seconded by Mr West, carried 8-0
Motion by Mr Merkl to move Item 11 before Item 10, seconded by Mrs
Ibbison, carried 8-0
Item 11
Council Bill 351 - An Ordinance providing for the approval of
a Special Use Permit for Major Mechanical and Auto Body Repair
on land located at 9970-92 West 44th Avenue and 4388-90
Kipling Street, City of Wheat Ridge, County of Jefferson,
State of Colorado
(Case No SUP-88-4) (Kenneth Frens)
Council Bill 351 was introduced on second reading by Mrs Keller, title
read by the Clerk, Ordinance No 764 assigned
Mr Gidley presented the case Mike Graber, 7401 Grandview, Arvada,
attorney for the applicant, was present and sworn in by the Mayor
Speaking in opposition were Walter and Janice Deibert, 3280 Yarrow
Street Both complained of noise and referred to the area as
"junkyard"
Kenneth Frens, 9615 Grandview Ave, Arvada, applicant, agreed to put
another fence up to satisfy the adjoining property owners
CITY COUNCIL MINUTES
June 13, 1988
Page -5-
Motion by Mrs Keller that Council Bill No 351 (Ordinance 764), a
request for approval of a Special Use Permit to allow major mechanical
automotive and auto body repair in a Commercial-One Zone on land located
at 9970-92 West 44th Avenue and 4388-90 Kipling Street, be approved for
the following reasons
1 Staff and Planning commission recommend approval
2 The Site Plan submitted supports the Special Use Permit and fulfills
the requirements of the Wheat Ridge Code of Laws, Appendix A, Zoning
Ordinance, Section 27 K , Site Plan approval within a Commercial
Activity center
3 The applicant intends the use as a transitional use awaiting
permanent redevelopment of his property
With the following conditions
1 That the site be improved as shown on the attached Site Plan,
Exhibit "A", seconded by Mr Merkl, carried 8-0
Item 10. Council Bill 350 - An Ordinanoe amending Appendix B, the Flood
Plain Zoning Ordinance, of the Code of Laws of the City of
Wheat Ridge, relating to Regulation of the 100-Year Flood
Plain
Council Bill 350 was introduced on second reading by Mr Merkl, title
read by the Clerk, Ordinance NO 765 assigned
Motion by Mr Merkl for the adoption of Council Bill 350 (Ordinance 765)
on second reading, seconded by Mrs Keller
Mrs Snow asked to add under Sections 5 3 and 6 5 buoyant,
flammable, explosive "or any hazardous liquid or soluble matter
which" ,
Mr Merkl accepted this as part of his motion
Mrs Snow asked that under Section 6 6 a new subseotion P be added to
read "P. All fences shall be designed so that the bottom portion,
except for supporting fence posts, is elevated one foot above base
flood elevation or in a breakaway design if approved by the Public Works
Director".
Mr Merkl accepted this as part of his motion
Motion by Mr Merkl to amend the Ordinance to include all eight of the
amendments suggested by City Attorney John Hayes, outlined in his memo
dated June 13, 1988 (attached to these Minutes), seconded by Mrs Snow,
carried 8-0
Motion by Mrs Snow to amend Section 8 1 E either under 1 or 2 to add
"and that there be consideration of gravel extraction in accordance
with the law (C.R.S. 3-4-1-301), seconded by Mr West, carried 8-0
Motion by Mrs Worth to add under Section 8 A a new subsection 3 to
read "All administrative decisions require the property to be posted for
15 days. If no protests are filed, the permit may be issued. If a
protest is filed, then a hearing before the Board of Adjustment will be
scheduled", seconded by Mrs Snow, carried 5-3 with Councilmembers
Merkl, Flasco, and Davis voting No
Vote on original motion as amended carried 8-0
CITY COUNCIL MINUTES
June 13,1988
Page -6-
ORDINANCES ON FIRST READING
Item 12
Council Bill 352 - An Ordinance vacating a portion of
dedicated Urban Street, within the City of Wheat Ridge, County
of Jefferson, State of Colorado
Council Bill 352 was introduced by Mr Davis on first reading, title
read by Clerk Motion by Mr Davi~ that Council Bill 352 be approved on
first reading, ordered published, public hearing be set for Monday,
July 11, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 15 days after final
publication, seconded by Mr West, carried 8-0
Item 13. Council Bill 353 - An Ordinance amending Chapter 12 of the
Code of Laws of the City of Wheat Ridge and thereby
prohibiting the parking of Motor Vehicles in Bicycle Pathways
along roadways within the City of Wheat Ridge
Council Bill 353 was introduced by Mrs Snow on first reading, title
read by Clerk Motion by Mrs Snow that Council Bill 353 be approved on
first reading, ordered published, public hearing be set for Monday,
June 27, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 1 day after final
publication, ~econded by Mr West, carried 8-0
Item 14. Council Bill 354 - An Ordinance providing for the i~suance by
the City of Wheat Ridge, Colorado (The "City") of its Sales
Tax Revenue Bonds, Series 1988, dated July 1, 1988, in the
principal amount of $2,990,000, for the purposes of providing
funding for the construction for various drainage and street
improvements, prescribing the form of bond, providing other
details and Covenants concerning the bonds and the City's
sales tax, and ratifying all actions heretofore taken in
connection therewith
Council Bill 354 was introduced by Mr Merkl on first reading, title
read by Clerk Motion by Mr Merkl that Council Bill 354 be approved on
first reading, ordered publi~hed, public hearing be set for Monday,
June 27, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on second reading, take effect 45 days after final
publication, seconded by Mrs Ibbison, carried 7-1 with Mr FIasco
voting No, because he feels this should go to the vote of the people
Item 15. Council Bill 355 - An Ordinance amending Chapter 5A,
Elections, by amending certain sections to comply with the
provisions of the "Campaign Reform Act" a~ from time to time
amended by the Colorado General Assembly, and by adding an
Article III, Recount, to said Chapter 5A
Council Bill 355 was introduced by Mrs Worth on first reading, title
read by Clerk Motion by Mrs Worth that Council Bill 355 be approved
on first reading, ordered published, public hearing be set for Monday,
June 27, 1988 at 7 30 p m in City Council Chambers, Municipal Bldg ,
and if approved on ~econd reading, take effect 15 day~ after final
publication, seconded by Mrs Ibbi~on, carried 8-0
CITY COUNCIL MINUTES
June 13, 1988
Page -7-
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 16.
A) Resolution 1089, creating the City of Wheat Ridge Special
Improvement District No 1987-1, Bond and Interest Fund
B) Resolution 1090, amending the City of Wheat Ridge 1988
Annual Budget
c) Re~olution 1091, appropriating funds for expenditure
Motion by Mrs Worth that Resolutions 1089, 1090, and 1091 be approved
as submitted, seconded by Mr West
John Hayes explained to Council how the remaining que~tion~ regarding
properties in the Special Improvement District No 1987-1 were being
~ettled, but that the settlement on the Wagaman property had not been
resolved
Jack Waugaman, 32750 Invernes~ Drive, Evergreen, was sworn in by the
Mayor and stated he did not agree with the appraisal and had a variety
of other concern~ He expre~sed desire to come to some kind of
agreement with the City
Motion carried 8-0
Motion by Mr Merkl that at the Special Study Session on Monday, June
20, 1988, we hold a one item public hearing for decision on the Special
Improvement District and that time John work on condition 3 with Mr
Wagaman this week, if something is not decided, next Monday we look at
option 2, seconded by Mr West, carried 8-0
Item 17. Resolution 1092 - authorizing reimbursement from the City of
Wheat Ridge's attributable ~hare of the Jefferson County Open
Space Fund for Parks and Open Space Development
Motion by Mr Merkl that Resolution 1092 authorizing reimbursement from
Jefferson County Open Space be approved, and the Mayor be authorized to
sign the intergovernmental agreement entitled "Request for Reimbursement
and Certification of U~e of Fund~" which is required by Jefferson County
Open Space before reimbursement from the City of Wheat Ridge's
attributable share can be released, seconded by Mr West, carried 8-0
Item 18. Contract Award for 32nd Avenue Rehabilitation Project~
Motion by Mr West that the contract for West 32nd Avenue Rehabilitation
Project, Phase I, be awarded to Asphalt Paving Company, in the amount of
their bid of $83,200 as bid for alternate #1, plus a 10% contingency for
a total of $91,520 I further move that the force account of $2,500 be
establi~hed for work by others on project and that the Director of
Public Works be authorized to sign all change orders All costs to be
charged to Account No 31-303-884, seconded by Mrs lbbison, carried 7-1
with Mr Flasco voting No
CITY COUNCIL MINUTES
June 13,1988
Page -8-
Motion by Mr West that the contract for We~t 32nd Avenue Rehabilitation
Project, Phase II, be awarded to Intermountain Resurfacing, Inc , in the
amount of their bid of $23,400 plu~ a 10% contingency for a total of
$25,740 and the Director of Public Works be authorized to ~ign all
change order~ All costs to be charged to Acct No 31-303-884,
seconded by Mr Merkl, carried 8-0
Item 19
Contract Award for SID Project, 48th Avenue - Kipling to
Ward Road
Motion by Mrs Ibbi~on that the contract for the 48th Avenue SID
Project be awarded to Asphalt Paving Company in the total amount of
their bid of $868,628 50 and that the $275,371 50 remaining in the bond
after capitalized interest, be used to pay bond and legal fees, design
and inspection fees, right of way cost~, and construction contingencie~
I further move that the Director of Public Works be authorized to sign
all change orders All project costs are to be charged to Acct No
31-303-840, seconded by Mrs Worth, carried 8-0
Item 20. Contract Award for Patio Cover - Community Center
Motion by Mrs Ibbi~on that the contract for the Patio Cover - Community
Center be awarded to Dimension Builder~ in the amount of their bid of
$6,625 plus a 5% contingency for a total of $6,956 I further move the
Director of Parks and Recreation be authorized to sign all change order~
with all project costs charged to Acct No 53-602-799, seconded by Mr
West, carried 8-0
Item 21. Presentation by Ruth Howard and Larry Muniz on drug coalition
Mayor Wilde stated that this item had been postponed to June 27, 1988
Item 22
Di~cussion and deci~ion regarding compensation
City Administrator, Mike Smith, discussed his memo of June 7, 1988,
which was part of this packet, and answered Council's questions
Motion by Mrs Worth to suspend the Rules and go past 11 00 P m and
finish the Agenda, seconded by Mrs Keller, carried 5-3 with
Councilmembers FIasco, Davis, and West voting No
Motion by Mrs Worth that we do the salary ~tudy using CML and the
Longmont Study, seconded by Mrs Snow, carried 8-0
CITY ADMINISTRATOR MATTERS
Mike Smith informed Council that he had met with Mr Jerry Biehl and
discussed his application for the ESTEP program This should come to
Council sometime in July
CITY COUNCIL MINUTES
June 13, 1988
Page -9-
CITY ATTORNEY'S MATTERS
John Hayes passed out hi~ memo dated June 13, 1988 relating to the
Mestecki property
Motion by Mrs Keller that we not purcha~e the property under the
schedule outlined in the memo, seconded by Mr Davis, carried 6-2 with
Mr Merkl and Mrs Worth voting no
Motion by Mrs Worth that we purchase the Mestecki property for
$140,000 cash purchase in 1989, seconded by Mr Merkl
Mr FIasco called for the question, seconded by Mr West, carried 5-3
with Councilmembers Keller, Worth, and Snow voting No
Vote on original motion failed 2-6 with Councilmembers Merkl and Worth
voting yes
Motion by Mrs Keller that we approve discussions of purchasing of the
Mestecki property in 1989 budget for $140,000 contingent upon a report
from the City staff regarding how much money we will have in 1989 and
what Capital Improvement projects are being scheduled for the next 5 to
10 years, seconded by Mrs Worth, Failed 3-5 with Councilmembers Merkl,
Keller, and Worth voting yes
Request for Executive Session under Section 5 7(A) of the Charter
Motion by Mr Merkl that we hold an Executive Session under Section
5 7(A) of the Charter, seconded by Mrs Keller, carried 8-0
ELECTED OFFICIALS' MATTERS
Motion by Mr Davis to hold a Special Study Session on June 20, 1988,
7 30 pm, seconded by Mrs Keller, carried 6-2 with Mr Flasco and Mrs
Snow voting No
Motion by Mrs Snow to adjourn after the Executive Session, seconded by
Mr Merkl, carried 7-1 with Mrs Keller voting No
EXECUTIVE SESSION WAS HELD
Meeting adjourned at 12 00 midnight
APPROVED BY CITY COUNCIL BY A VOTE OF
~~. ) ,
,. of'......;....,.-<./. /JC!.c k" 1
Kent Davis, Council President
7
TO
o ON JUNE 27, 1988
CIl....- OF WHEAT RIDGE - MEMOf-.NDUM
To Mayor and City Council
Council Bill 350, Flood
Subject P lain Zoning Ordinance
From
John E Hayes,
City Attorney
June 13, 1988
Date
Approved
Date
Mr Gidley and I, following additional consideration of the
Flood Plain Ordinance presented to you as Council Bill No 350,
would suggest that the following editorial changes be made to
the Flood Plain Ordinance at the time of its final adoption
1
amended
follows
Section 1 1 Statutory Authorization should be
by amending the second sentence thereof to read as
"Therefore, the City Council of the City of Wheat
Ridge, Colorado, acting pursuant to its powers and
authorities granted and reserved under Article XX of
the Constitution of the State of Colorado and the Home
Rule Charter adopted thereunder, does hereby ordain as
follows
2 Section 1 3 Public Obiectives to be Achieved should
be amended by adding the following statement (which would appear
prior to Subpart (A)
"The City Council of the City of Wheat Ridge hereby
finds it in the public interest, and in the furtherance
of the public health, safety, and welfare, that the
following objectives be fulfilled "
3 Section 2 0
as follows
Definitions should be amended to provide
"Unless specifically defined below, words or phrases
used in these regulations shall be interpreted so as
give them the meaning they have in common usage, so as
to be consistent with the definition given for the term
in other portions of this Zoning Ordinance, and to give
these regulations there most reasonable application
4
follows
Section 3 1
Jurisdiction should be amended to read as
"The provisions of this Flood Plain Ordinance shall
apply to all lands, structures, and development within
the flood regulatory district as defined on the
official maps and the engineering reports of the City
of Wheat Ridge "
5 Section 3 5 should be amended by adding at the end of
the existing proposed section the following language
"or the Charter or ordinances of the City of Wheat
Ridge "
6 Section 3 6 Warning and Disclaimer of Liability
should be amended to read as follows
"The degree of flood protection intended to be provided
by these flood plain regulations is reasonable for
regulatory purposes and is based upon nationally
recognized and/or published engineering and scientific
methods of study "
7
addition
sentence
Section 8 3(E)(page 21) should be amended by the
of the following sentence, which will become the third
of said Subpart (E)
"In the event the Flood Plain Administrator fails to
render a decision within said thirty (30) days, it
shall be deemed that the application is denied and
applicant(s) shall have a right to appeal as provided
herein
8 Section 10 1 should be amended to provide for possible
imprisonment not to exceed one hundred eighty (180) days (thereby
making the same consistent with all other provisions with the
Code of Laws) In addition, the following provisions should be
added to said Section 10 1
"In the event it becomes necessary for the City to
bring an action to enjoin or abate any such violation
of this Section 10 1, the City shall be entitled to
recover, in addition to any fine or penalty imposed
hereby, its costs of bringing said action and/or
abating any such structure, building, fill or
development placed or maintained within the flood
regulatory district, which costs shall include
attorneys fees as well as the actual costs incurred by
the City "
2