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HomeMy WebLinkAbout1989-04-11-Regular MinutesI -----------= 49 April 11,1989 The regular meeting of the Waukee City Council was called at 7:30 p.m.on April 11,1989 by Hayor Floyd Rosenkranz. Re dah aw "as present and taking minutes. A r61l call was taken and the following named Council members were present:Scott,Gruber,Brown,Hoifeldt and Barrett. to order Brian J. The following guests and staff were also present:Paul E Ruscher, Al Nunterman,Jack Inman,Paul tle.'lbaker,Rick Ross,Ve r Le Smith, Nark-Currie,John Thorne,Don Howe,Ben Phillips,Steve RoIlline, Steve Hawbaker,Steve Pierce,Jeff Abbas,Hark Casey,11rs Larry Slaughter and 11r.Eby. MA Rvtl Moved by Hoifeldt,second by Scott,to approve the ~7,14 and April 6 minutes.Carried 5 to O. Mark Currie of First Insurance spoke to the Council regarding the FY 89-90 insurance package. 1fuved by Hoifeldt,second by Gruber,to accept the FY 89-90 insuranc proposal from ICAP.Carried 5 to O. Verie Smith of First Realty presented a re-zoning proposal for the Chrlstian Church from R-2 to C-2.This item was referred to P &Z. John Thorne spoke to the Council and presented 3 bids for ball field maintenance as follows: Lawn Groom Service--------------$650.00 Roger Anderson-------------------$720.00 Rees Landscaping----------------$750.00 1fuved by Scott,second by Gruber,to approve the bid of $650.00 from Lm,n Groom Service.Carried 5 to O. Jack Inman of Woodwright Construction spoke to the Council regarding the planting of trees in Hary Ann Estates. Hoved by Hoifeldt,second by Barrett,to allow tree plantings in Mary Ann Estates #2.A roll call vote was t~,en as follows: Ayes: Hays: Barrett,Hoifeldt,Gruber Brown,Scott 1fuved by Scott,second by Hoifeldt,to approve the Treasurer's report. Carrr Le d 5 to O. Moved by Gruber,second by Brovffi,to approve the bill presentation as follows: Accurat e Inc. Alexander &Alexander B &B Sanitation Blue Cross/Blue Shield Bonnie's Flowers Brittain's Parts,Inc. Brown Supply Co.,Inc. Business Communications City of Clive Carpcnt.e r Uniform City of Adel Dallas County News DeCoursey Business System DHACC Electronic Engineering Electro-Service,Inc. Energy Economics Farmer's Co-op Hest Suburban Ford Hark L Gruber Paul E Huscher Pau}R Huscher IMliTCA Iowa Fire Equipment Iowa Pipeline Assoc. PD file folders commercial package 3-89 pickups 4-1 to 5-1 Sullivan funeral comn air refills nipples &elbows radio repair 1989 28E agreement FD jumpsuit radio tower proj. 3-0 to 3-23 3 es.copier paper fire course If-l to 5-1 CIl wiring charges 20 CA-15 cadwells 3-89 statement 85 Ford repair 3-89 bldg.permits 4-89 retainer legal services 1-1 to 3-31 FD fire extinguisher 265-275 Southview $55.20 412lf.00 20.00 2843.90 31.00 66.00 161.99 72 .82 250.00 35.95 92 .10 251.57 114.90 480.00 16.80 80.00 65.58 699.58 1006.11 325.00 375.00 120.00 465.75 39.70 147.17 50 April 11,1989----cont Iowa Power Iowa State Industries Harry N Jones KAR Products Kenny &Gyl Co l1artin l1arietta Aggreg. l1eans Services,Inc. l1cCoy Auto Supply Henard Cashway Lumber l1idwestern Electronics Hidwestern Telephone Jack L Hoo rb e ad l1unicipal Supply Natural Gas Odorizing Banknote Printing,Inc. U.S.Hest Communications Olson Body &Paint Olson Bros Payless Cashways R &R Helding Supply Floyd Rosenkranz Roy's Service Sioux Sales Co Snyder &Associates Stitzell Electric Tim Sullivan Treasurer,State of Iowa Utility Consultants Water Products Co Waukee Firemen's Assoc. Haukee Hardware livaukeel1unicipal Gas Westpointe Car Wash 2-17 to 3-20 street marker signs 3-10 to 4-9 lID fuse holders police car decals 52.33 T 3/4 cl roadstone PD floor mats 4 X 4 drive shaft 1500'gas wire PD radio repair 5-1-89 to 4~30-90 FR misc. 12"water gate valve 10 gal Captan officer shift summary 3-10 to 4-9 85 Ford repair 3-1 to 3-31 park posts container R&D 4-89 l1ayor salary towing service light bar &switch 3-1 to 3-31 Southfork lights PD light bar install FY 88-89 3 &4 qt. 3-89 lagoon tests softball fittings FY 88-89 1st half 3-89 statement 2-i7 to 3-20 carwashes Total Carried 5 to O. $4308.96 300.36 15.90 94.28 1.60 313.98 15.31 208.57 165.92 2.45 205.00 19.31 645.05 247.86 51.36 472 .12 418.00 257.27 52.56 29.60 80.00 135.00 572.88 13015.26 95.66 386.00 20.74 169.00 242.20 500.00 395.44 1173.08 76.75 $36,627.59 Paul Hawbaker spoke to the Council regarding a proposea dedication of 7'of tme eastern edge of his property adjacent to l62nd St. He also discussed the proposed 20'temporary construction easement. He expressed a need to be compensated for the fertilizer and seed lost during construction in addition to the legal and other ex- penses incurred during these discussions.Al 11unsterman advised the Council that the fence line was located 25'from the center of the existing roadway easement. l10ved by Gruber,second by Brown,to enter into an agreement with Paul Hawbaker and pay expenses not to exceed $500.00.A roll call vote was taken as follows: Ayes: Nays: Scott,Gruber,Brovrn,Hoifeldt,Barrett None recorded After due consideration and discussion,Council l1ember Scott introduced and moved the adoption of the resolution next herein set out,the same being a resoltuion approving executed contract and performance and/or payment bonds for the mv l62nd Street Paving Project-1989.The motion was seconded bv Council Me~ber Hoifeldt arid passed with record vote as follows": Ayes: Nays: Barrett,Hoifeldt,Brown,Gruber,Scott None recorded Thereupon,the resolution was declared adopted as follows: I I I I April 11,1989---cont 51 RESOLUTION NO.100 Approving contract and performance and/or payment bonds for the NW l62nd Street Paving Project-1989. mIEREAS,the City Council of the City of Waukee,Iowa,has heretofore awarded a contract as follows: Name of Contractor Alllouhtof Contract Sternquist Construction,Inc. 1110 N 14th St. Indianola,Iowa 50125 for the my l62nd Street Paving Project-1989 (the "Project"),and fixed the amount of the performance and/or payment bonds to he furnished by such contractor,and instructed and authorized the Hayor and City Clerk to execute the said contract on behalf of the City subject to the approval of the Council:and $101,665.00 vTIIEREAS,the said contract has been duly signed by the con- tractor and by the Hayor and City Clerk,and upon e xami.na t Lon by this Council the same appears to be in proper form;and vyHEREAS,the contractor has filed satisfactory performance and/or payment bonds in the required amount,as follows: Name of Surety_ Merchants Bonding Co 2100 Grand Ave. Des Moines,Iowa 50312 Alllountof Bond(s) $101~665.00 NOW THEREFORE,IT IS RESOLVED by the City Council of theCityofWaukee,Iowa,as follows: Section 1.The aforementioned contract and performance and/ or payment bonds be and the same are hereby approved and declared to be binding upon the parties thereto. Section 2.All resolutions or parts of-resolutions in eonflict herewith be and the same are hereby repealed to the.extent of suchconflict. Passed and approved this 11th day of April,1989. The City Council deferred action on the Limited Access Facilities Ordinance pending receipt of the final language from the City Engiueer.The proposed ordinffilcewould require a minimum s;ua:ation distance of 1320'beginning 1320'west of East St.and contlnulng to the east City limits and 600'minimum separation distance from this point to the west City limits. It was moved bv Councilman Gruber,and seconded by Councilman Scott, t.hac t.he Ordinance entitled,"1\..111ORDINANCE AMENDING CHAPTER 301.8 OF THE CODE OF ORDINM,CES OF THE CITY OF WAUKEE,IOWA,BY ADDING AFTER 'i'HEDEFINITION OF "GENERAL REGULATIONS",THE DEFINITlml OF "PAt'<.KINGAND STOP-AGE"be now read by the City Cler.k.The May@r put the question on the motion,and the roll being c a'l.Ledc .the following named Councilmen voted:. Ayes: Nays: Scott,Gruber,Brown,Hoifeldt,Barrett None recorded "hereupon,the Mayor declared the motion duly carried. Parking and Storage.No person shall park, place,keep or store,or permit the parking or storage of a stock car,racing car,inoperable ve- hicle,vehicular component parts,or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed build- ing.This regulation shall not apply to legitimate businesses operating in a lawful place and manner provided,however,that such outside areas are screened from public view. I 52 April 11,1989---cont ORDINANCE NO.2111 AN ORDINANCE AMENDING CHAPTER 301.8 OF THE CODE OF ORD- INANCES OF THE CITY OF vJAUKEE,IOWA,BY ADDING AFTER THE DEF- INITION OF "GENERAL REGULATIONS",THE DEFINITION OF "PARKING AND STORAGE". Be it ordained by the City Council of Waukee,Iowa: Section 1.Section 301.8 the Ci ty of Waukee,Iowa',is following definition after Regulations": of the Code of hereby amended the definition Ordinances of by adding the of "General Section 2. effect after its required by law. Effective Date.This ordinance shall be final passage,approval,and publication in as Passed by the Council this 11th day of April,1989,and approved this 11th day of April,1989. It was moved by Councilman Gruber,and seconded by Councilman Brown,that the Ordinance entitled:"AN ORDINANCE AHENDING CHAPTER 301.8 OF THE CODE OF ORDINANCE OF THE CITY OF 1;ifAUKEE,ImJA,BY ADDING AFTER THE DEFINITION OF "GENERAL REGULATIONS",THE DEF- INITION OF "PARKIHG AND STORAGE"be now put upon its final passage and adoption.The Hayor put the question on the final passage and adoption of said Ordinance,and the roll being called,the following named Councilmen voted: Ayes: Nays: Barrett,Hoifeldt,Brown,Gruber,Scott None recorded 1;Vhereupon,the Hayo r declared said Ordinance duly adopted and passed,and signed his approval to said Ordinance. It was moved by Councilman Hoifeldt,arid seconded by Councilman Barrett;that the Ordinance entitled:"AN ORDINANCE M1ENDING CHAPTER 301.3 OF THE CODE OF ORDINANCE OF THE CITY OF vJAUKEE,I ImiTA,BY DELETING "JUNK YARD"AND THE TEXT FOLLOHING "JUNK YAP.D" AND INSERTING A DIFFERENT DEFINTION:AND BY ADDING TO THE DEF- INITIONS,THE DEFINITION OF "JUNK"AND "INOPERABLE VEHICLE". be now read by the City Clerk.The Hayor put the question on the motion,and the roll being called,the following named Councilmen voted: Ayes: Nays: Scott,Gruber,Brovm,Hoifeldt,Barrett None recorded 1;'ifhereupon,the Hayo r declared the motion duly carried. I I 53April11,1989---cont ORDINANCE NO.2112 AN ORDINANCE AMENDING CHAPTER 301.3 OF THE CODE OF ORD- INANCES OF THE CITY OF WAUKEE,IOWA,BY DELETING "JUNK YARD" AND THE TEXT FOLLOWING "JUNK YARD"AND INSERTING A DIFFERENT DEFINITION;AND BY ADDING TO THE DEFINITIONS,THE DEFINITION OF "JUNK"AND "INOPERABLE VEHICLE". Be it ordained by the City Council of Waukee,Iowa: Section 1.Section 301.3 of the Code of Ordinances of the City of Waukee,Iowa,is hereby amended by deleting "JUNK YARD"and the text following "Junk Yard"and inserting the following definitions in alphabetical order: JUNK YARD.Any place not fully enclosed ina building,excluding a salvage yard,which is used in whole or in part for the storage or deposit of junk encompassing either (a)an area of two hundred (200)square feet or more,or (b)two (2)or more inoperable motor vehicles,or used parts and mater- ials thereof,which taken together equal the bulk of two (2)or more motor vehicles. INOPERABLE VEHICLE.Any motor vehicle,recrea- tional vehicle,boat,trailer or semitrailer which lacks a current registration or component part which renders the vehicle unfit for legal use. JUNK.All old or scrap copper,brass,lead,or any other non-ferrous metal;old rope,rags,bat- teries,paper,trash,rubber debris,waste,used lumber or salvaged wood;dismantled or inoperable vehicles,machinery and appliances or part~of such vehicles,machinery or appliances;iron,steel,or other old or scrap ferrous material;old discarded glass,tinware,plastic,or old discarded household goods or hardware. Section 2. effect after its required by law. Effective Date.This ordinance shall be in final passage,approval,and publication as Passed by the Council the 11th day of April,1989,and approved this 11th day of April,1989 • .//i It was moved by Councilman Gruber,and seconded by Councilman Ho Lfe Ld t ,,that the Ordinance'errti.tLed ."AN ORDINANCE M1ENDI:,G CHAPTER 301.3 OF THE CODE OF ORDINANCES OF THE CITY OF vJAUKEE, Im-JA,BY DELETING "JUNK YARD"AND THE TEXT FOLLOWING "JUllK YARD" AND INSERTING A DIFFERENT DEFInITION:AND BY ADDING TO THE' DEFINITIOllS,THE DEFINITION OF "JUNK"AND "INOPERABLE VEHICLE" be now put upon its final passage and adoption.The Mayor put the question on the final pas saga and adoption of said Ordinance, and the roll being called,the following named Councilmen voted: Ayes: Nays:Barrett,Hoifeldt,Brown,Gruber,ScottNonerecorded Whereupon,the.Mayor declared said Ordinance duly adopted and passed, and signed his approval to said Ordinance. It was moved by Councilman Barrett,and seconded by Councilman Gruber,that the Ordinance entitled:"AN ORDINANCE M1ENDING CHAPTER 103.1 OF THE CODE OF ORDINANCES OF THE CITY OF WAUKEE,IOVJA,BY DEFINING 11UNICIPAL INFRACTIOn,OFFICER,AND REPEAT OFFENSE','be now read by the City Clerk.The l1ayor put the question on the motion, and the roll being called,the following named Councilmen voted: Ayes: Nays:Scott,Gruber,Brown,Hoifeldt,Barrett None recorded Whereupon,the Mayor declared the motion duly carried. V.~lunicipal infraction:Except those provi- sions specifically provided under state law as a felony,an aggravated misdemeanor,or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the 1987 Iowa Code,the doing of any act prohibited or declared to be unlawful,an offense,or a misdemeanor by the Code of Ordinances,City of IVaukee,or any ordinance or code herein adopted by reference,or an omission or failure to perform any act or duty required by the Code of Ordinances,City of IVaukee, or any ordinance or code herein adopted by reference,is a "municipal infraction"and is punishable by civil penalty as provided herein. I 54 April 11.1989---cont ORDINANCE NO.2113 AN ORDINANCE M1ENDING CHAPTER 103.1 OF THE CODE OF ORDINANCES OF THE CITY OF IVADKEE,IOWA,BY DEFINING ~1UNICIPAL INFRACTION,OFFICER,AND REPEAT OFFENSE. Be it ordained by the City Council of Waukee,Iowa: Section 1.Section 103.1 of the Code of Ordinances of the City of IVaukee,Iowa,is hereby amended by inserting after subsection "D"thereof the following: IV.Officer:The term officer shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Waukee as designated by resolution of the City Council of the City of IVaukee. X.Repeat offense.A recurring violation of the same section of the Code of Ordinances. and by relettering subsection "V"as subsection "Y". in as Section 2. effect after its required by law. Effective Date.This ordinance shall be final passage,approval,and publication Passed by the Council the 11th day of April,1989,and approved this 11th day of April,1989. It was moved by Councilman Gruber.and seconded by Councilman BJ:'owri•that the,Ordinance entitled :"AN ORDINANCEMffiNDINf;CHAPTER ,103.1 OJ?THE CODE OF OR.DINAI1CESOF THE CITY OF ~vAUKEE,ImvA,BY DEFINING HUllIClPAL INFRACTION,OFFICER,AND REPEAT OFFEnSE"be 'I,,',,'now put upon its final passage and adoption.The Mayor put the question on the final passage and adoption of said Ordinance, and the roll being called,the following named Councilmen voted: Ayes: Nays: Barrett,Hoifeldt,Brovffi,Gruber,Scott None recorded ~fuereupon,the }1ayor declared said Ordinance duly adopted and passed,and signed his approval to said Ordinance. It was moved by Councilman Brown,and seconded by Councilman Scott,that the Ordinance entitled:"AN ORDINANCEMffilmnlG CHAPTER 103.4 OF THE CODE OF ORDINANCESOF THE CITY OF WAmmE,ImJA,BY ADDING TlillRETO SUBSECTIOnS "B"AND "c"PROVIDING FOR PEnAL:':IES AND ALTERNATIVE RELIEF,AIm CIVIL CITIATIONS'FOR MUNICIPAL INFRAC- TIONS IN CONFORlHTYHITH SECTION 36Lf.22,CODEOF ImJA,AS MffiNDED: be now read by the City Clerk.The Mayor put the question on the motion,and the roll being called,the following named Councilmen voted: I I·.···'·':,1 April 11,1989---cont 55 Ayes: Nays: Scott,Gruber,Brown,Hoifeldf,Barrett None recorded Whereupon,the Hayor declared the motion duly carried. ORDINANCE NO.2114 AN ORDINANCE M1ENDING CHAPTER 103.4 OF THE CODE OF ORDINANCES OF THE CITY OF WAUKEE,IOWA,BY ADDING THERETO SUBSECTIONS "B"AND nCo PROVIDING FOR PENALTIES AND ALTERN- ATIVE RELIEF,AND CIVIL CITATIONS FOR MUNICIPAL INFRACTIONS IN CONFORIHTY WITH SECTION 364.22,CODE OF IOWA,AS AMENDED. Be it ordained by the City Council of Waukee,Iowa: Section 1.Section 103.4 of the Code of Ordinances of the City of Waukee,Iowa,is hereby amended by designating the,first subdivision a s "A",and by adding as subsections "E"and "C"thereof so that §103.4 will read as follows: A.Standard Penalty.Unless another penalty is expressly provided by the municipal code for any particular provision,section or chapter,any person f ailing to perform a duty,or obtain a license required by,or violating any provision of that code,or any rule or regulation adopted or issued in pursuance thereof,or any provision of any code adopted therein by reference,shall be guilty of a simple misdemeanor,and upon conviction,be subject to a fine of not more than one hundred dollars ($100)or imprisonment not to exceed thirty (30) days.Whenever'the fines or costs imposed are not paid,the person convicted may be committed to jail until the fine and costs are paid,not exceeding thirty (30)days. B.A municipal infraction is punishable by a civil penalty as provided in the following schedule,unless a specific schedule of civil penalties is provided for specific offenses elsewhere in the Code. Schedule of Civil Penalties First offense Second repeat offense All other repeat offenses $50.00 $100.00 $200.00 Each day that a violation occurs or is per- mitted to exist by the violator constitutes a separate offense. Seeking a civil penalty is a·uthorized in this Chapter does not preclude the City of Waukee from seeking alternative relief from the court in the same action. C.Any officer authorized by the City to en- force the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal ser- v ice or by certif ied mai 1,return receipt requested. A copy of the citation shall be sent to the Clerk of the Dallas County District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information: 56 April 11,1989---cont 1.The name and address of the defendant. The name or description of ,the ~nfri:'-c- tion attested to by the offlcer lssulng the citation. The location and time of infraction. 2. 3 • 4.to be reliefTheamountofcivilpenalty assessed or the alternative sought,or both. The manner,location and time in which the penalty may be paid.5 • 6.The time and place of court appearance. 7 •The penalty for failure to appear court. in in as Section 2. effect after its required by law. Effective Date.This ordinance shall be final passage,approval,and publication Passed by the Council the .llth day approved this 11th day of Aprll,1989. of April,1989,and It was moved by Councilman Gruber,and seconded by Councilman Brown,that·the Ordinance entitled:'AN ORDINANCE AMENDING CHAPTER 10304 OF THE CODE OF ORDINANCES OF THE CITY OF 1;·IAUKEE, IOWA,BY ADDING THERETO SUBSECTIONS "B"AND "c"PROVIDING FOR PENALTIES AND ALTERNATIVE RELIEF,AND CIVIL CITATIONS FOR MUN- ICIPAL INFRACTIONS IN CONFORMITY WITH SECTION 364022,CODE OF IOWA,AS AMENDED"be now put upon its final passage and adoption. The Mayor put the question on the final passage and adoption of said Ordinance,and the roll being called,the following named Councilmen voted: Ayes": Nays: Barrett,Hoifeldt,Brown,Gruber,Scott None recorded Whereupon,the Mayor declared said Ordinance duly adopted and passed,and signed his approval to said Ordinance. The Council discussed the passage of an Ordinance authorizing the Public Works Director to have purchasing authority along with Police Chief and the City Administratoro Brian Redshaw advised the Council that a definition of the Public Works Dir- ector position must be included in the Municipal Code before he or she can be given purchasing authority 0 The City Attorney will be drafting a proposed ordinance for presentation at the May 9 regular Council meeting.ITheCityhadreceivedasurveyformfromtheLeagueofMunicipal- ities relative to a voluntary contribution to finance an annual Munidpal Employee Salary and Benefit Survey Projecto Moved by Hoifeldt,second by Barrett,to approve a $100.00 contrib- ution for the annual survey 0 A roll call vote was taken as follows: Ayes: Nays: Brown,Hoifeldt,Barrett Scott,Gruber The Council considered a letter from James VanWerdeR,chairraan of Dallas County Development,They indicated their willingness to join the organization and pay a contribution of 50¢per capita as soon as a full time director is appointed to the organizationo I I 57April11,1989---cont The City Attorney presented an amendment to Section 301.15ELj., pertaining to the separation distance required between a mobile home and an accessory building.The present requirement is 10'and the proposal would amend this disuance to 6'. Hove d by Gruber,second by Brown,to set May 9,1989 for a rrub H,c hearing on the above proposal.A roll call vote was taken asfollows: Ayes: Nays:Scott,Gruber,Brmvn,Hoifeldt,Barrett None recorded Hoved by Brown,second by Scott,to direct the City Clerk to prepare plans and specifications for Southfork Plat #2 arid Seven Pines addition gas projects and district regulator station,Carried 5 to O. It was decided that the deadline for applications for Dart-time police position would be April 19.Personnel Committep to Reet 4-21-89. Hoved by Brown,second by Hoifeldt,to set April 27,1989 at 7:00 p.m.for a special City Council meeting to meet with Tom Nehl of Ruan Securities.Carried 5 to O. Bob Barrett gave the Utilities ComrD.ttee report •.The Council reviewed an administrative order from the Department of natural Resources.The City Attorney was directed to appeal the order because of its chlorination rEjquirements .. Hoved by Gruber,second by Hoifeldt,to appeal the administrativeorder.,Carried 5 to O. lfuved by Brown,second by Gruber,to adjourn at 10:13 p.m.Carried5toO. Heeting adjourned. April 27,1989 A special meeting of the lJaukee City Council was called to order on April 27,1989 at 7:00 pvm ,by Mayo r pro-tern,Jerry Br own , Brian J.Redshaw ,,7aspresent and taking minutes. A roll call was taken and the following Councilmen were Dresent: Gruber Brown and Hoifeldt.Absent:Scott,Barrett and Mayor, Rosenkranz, Guests present were:Tom Hehl,Bill West and Al HunsterI'lan, Bob Barrett arrived at 7:10 p.I'l. Tom Mehl of Ruan Securities spoke to the City Council r-egardil\).g various proposals for bonding for recent water and'sewer .nrojects. Curtis Scott arrived at 7:30 p.m. '. The COlmcil took up and considered the question of whether the maturity date of the outstanding warrants issued for the purpose of paying costs in connection with the construction o;E the Waukee, Iowa-Wastewater Lagoon Expansion Project-1987,should be extended. After due consideration and discussion,Council Member Hoifeldt proposed the resolution next hereinafter set out and moved its adoption.The motion was seconded by Council Member Barrett, and passed with '.recordvote as follows: Ayes: Nays: Barrett,Hoifeldt,Brown,Gruber,Scott None recorded ..