01/11/1990 - Minutes Minutes: Committee of the Whole
Thursday, January 11, 1990
6: 30 - 7 : 30 p.m.
City Council Conference Room
324 South State Street
Salt Lake City, Utah 84111
In attendance: Ronald J. Whitehead, District One; Wayne Horrocks,
District Two; Nancy Pace, District Three; Alan Hardman, District
Four; Tom Godfrey, District Five; Roselyn Kirk, District Six; Don
C. Hale, District Seven; Cindy Gust-Jenson, Executive Director;
Palmer DePaulis, Mayor; Rosemary Curtin, Administrative
Assistant; Dennis M. Sargent, Fire Chief Candidate; Steven
Allred, City Attorney; George Sumner, Fire Marshall; and other
Council and City Staff members and the press.
FIRE CHIEF CANDIDATE INTERVIEW
Alan Hardman, Council Chair, opened the meeting by reviewing the
Council meeting agenda. Interview Dennis M. Sargent, Salt Lake
City Fire Chief candidate.
Councilmember Hardman asked Mr. Sargent if he had any comments.
Mr. Sargent stated that he was pleased to be selected as the
Mayor's candidate for Salt Lake City Fire Chief and that the Salt
Lake City Fire Department has a good reputation that is
nationally known. Mr. Hardman pointed out that each member had
had the opportunity to meet with Mr. Sargent.
Mr. Hardman then asked Cindy Gust-Jenson what steps remained for
the decision of the new Fire Chief. Ms. Gust-Jenson stated that
it was on the Agenda for Tuesday, January 16, 1990 and that the
decision could be ratified at that time.
Councilmember Kirk stated that she agrees with Mr. Sargent's
concepts on communication and feels that the communication with
the Fire Department would improve.
LEGISLATIVE UPDATE BRIEFING
Steven Allred briefed the Council on legislative issues.
Mr. Allred presented a list of preliminary legislative items to
the Council. Councilmember Hardman asked if the list provided
superseded the previous list. Mr. Allred stated that this list
did supersede the other and that the items listed were not
prioritized and that this is a record setting session because of
budget surplus issues.
Mr. Allred then stated that the major first, second, and third
priorities of the session is using the budget surplus for
education and that this may create problems.
Mr. Allred then began going down the list of items presented:
Item One, Retirement. Mr. Allred stated that the proposed bill
would consolidate the entire Utah State Retirement System, that
this would give the City benefits without a cost increase and it
was being reviewed because of new IRS restrictions.
Item Two, Tort reform. Mr. Allred stated this bill was proposed
because the University of Utah was charged with causing child
birth defects during delivery of a baby and that the bill was
presented to limit government immunity.
Item Three, Jails. Mr. Allred stated this bill involves the
University of Utah, State of Utah and Salt Lake City. He stated
that there could be an increase in the state franchise tax to pay
for costs of incarceration.
Item Four, County Government Form. Mr. Allred stated that two
pieces of legislation were expected on this issue. One bill
being considered as an option is to create legislative body
managers in Salt Lake County to replace the Salt Lake County
Commissioners, as well as, nominating At Large Members for the
unincorporated areas of Salt Lake County. Mr. Allred stated that
Salt Lake City has not taken a position on this issue and that he
would bring this issue before the Council when more information
was available.
Item Five, Hotel/motel Tax. Mr. Allred stated that bill would
increase the room tax charged on hotels and motels in Salt Lake
City to increase revenue. He stated that this is a very heated
issue with the hotel and motel owners in Salt Lake City and that
if it was placed before the Legislature that there would be a lot
of opposition to the bill.
Item Six, State Tax Commission Powers. Mr. Allred stated that
this would involve a reorganization of the powers that the State
Tax Commission has over franchise taxes it collects. Presently,
the State Tax Commission distributes franchise taxes it receives,
for the cities, in one lump sum payment at the end of the year
and they do not pay any interest on this money. The bill being
proposed would require that franchise tax payments be made
quarterly and that the cities be paid interest on this money.
Item Seven, School District Annexation. Mr. Allred stated that
this would involve establishing school district boundaries and
city boundaries that would not need to be consistent with each
other.
Item Eight, Taxation of gas lines. Mr. Allred stated this bill
involves the taxation of gasoline lines outside of Salt Lake City
that are used to transport gasoline to Salt Lake City. The bill
proposes that a franchise tax be charged on gasoline lines which
transport gasoline to Salt Lake City. Currently, the University
of Utah, State of Utah and Salt Lake City are major users of
these gas lines and do not participate in this franchise tax
system.
Item Nine, Salt Palace Restoration. Mr. Allred stated that Salt
Lake County has budgeted $1, 000, 000 to facilitate funding for the
Salt Palace Restoration, with $600, 000 annual debt service and a
2, 500, 000 deferral account the total yearly funding would be
$3 , 100, 000. Discussions between the City, County and State are
ongoing.
Item Ten, Courts Complex. Mr. Allred stated that multiple bills
are being presented to provide money to build a consolidated
courts complex in Salt Lake City. Councilmember Godfrey stated
that the Utah League of Cities and Towns should take a position
on the bill. Mr. Godfrey also said that Salt Lake County and the
School Districts do not support this action.
Item Eleven, Special Improvement Districts. Mr. Allred stated
that there are two bills being presented that would effect
Special Improvement Districts. Bill One would create the ability
to allow Special Improvement Districts to expand into other areas
if the residents of the other areas desired to do so. Mr. Allred
stated that presently there is no way for the Special Improvement
Districts to expand. Bill Two would allow the Special
Improvement Districts to decrease their reserve fund from 25% to
10%.
Item Twelve, Fine Arts Complex. This bill would continue the
States funding towards the Fine Arts Complex which Salt Lake City
contributes towards. Councilmember Horrocks asked if the State
was aware that we will not be contributing effective next year.
Councilmember Kirk stated that we should meet and clarify with
Salt Lake County that we will not be contributing effective next
year. Cindy Gust-Jenson, Executive Director stated that we could
notify Salt Lake City's Fine Arts Board on this issue. It was
decided to notify the Fine Arts Board. Mr. Allred stated that
the City needs to communicate more thoroughly with Salt Lake
County on the budget.
Item Thirteen, Criminal Activity. Mr. Allred stated these bills
were being proposed by the Salt Lake City Police Department and
requested the Security Officer present, Sargeant Connole to brief
the Council on these proposed bills. Sargeant Connole stated
that Item #1, Pawn Shops, would change the Pawn Shop Bill
currently in force and allow Police Officers to try to sell
stolen merchandise to Pawn Shops in an effort to control criminal
activity. Item #2 , State Traffic Code, would change the
classification for hit and run drivers from a Class A Misdemeanor
to a stiffer penalty. Presently the penalties for DUI and other
crimes which would cause a driver to leave the scene of an
accident are stiffer than the hit and run penalty, therefore, the
driver is more likely to leave the scene to avoid the stiffer
penalty.
Item Fourteen, C & B Road Funds. Mr. Allred stated that this
bill would reduce the C & B road funds tax by 22 million for
administrative use. To make up this difference, the Governor is
proposing an increase in Driver License fees.
Councilmember Pace asked about the Alliance Meeting. Mr. Allred
stated that this was attached to another piece of legislation
which will allow an amendment in the State's Constitution and
that if it passes it will be placed on the November ballot.
Councilmember Pace asked if it was likely to pass, Mr. Allred
stated that it is mainly a rural issue.
Councilmember Hardman asked Mr. Allred why the legislative items
were not prioritized. Mr. Allred stated that the Legislature
prioritizes the items.
Councilmember Hardman then asked if anyone had any further
questions. Councilmember Kirk stated that if Mr. Allred needed
any help with lobbying to let the Council know.
Councilmember Whitehead asked Mr. Allred if there were any bills
that would eliminate non-pertinent issues from being submitted.
Mr. Allred stated that there is a provision in force which allows
some bills to be reviewed every few years for necessity but there
was not a bill to eliminate non-pertinent issues at present.
The Committee of the Whole meeting was then adjourned.
Alan Hardman, Chair
ATTEST:
City Recorder
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OFFICE OF THE CITY COUNCIL
CITY AND COUNTY BUILDING
451 SOUTH STATE STREET, SUITE 304
SALT LAKE CITY, UTAH 84111
535-7600
AGENDA
Posted: 5:00 p.m.
Wednesday, January 10, 1990
SALT LAKE CITY COUNCIL COMMITTEE OF THE WHOLE FETING
DATE: Thursday, January 11 , 1990
TIME: 5:00 p.m.
PLACE: City Council Conference Room
City & County Building, Room 325
451 South State Street
Salt Lake City, Utah
The Council will interview Salt Lake City Fire Chief candidate Dennis M.
Sargent.
The Council will receive a legislative report from Steve Allred of the
City Attorney's Office.
cc: Mayor Palmer DePaulis, Mike Zuhl, Emilie Charles, Roger Cutler, Kathryn
Marshall, Department Heads, Press
PRELIMINARY LEGISLATIVE PACKAGE
(Not Prioritized)
1 . Olympics (September & January)
Assure that City is adequately represented and
financially capable of pursuing Olympic bid.
2 . Retirement (September)
Legislature intends to amend retirement act to
eliminate discrimination between federal and public
employees retirement consistent with United States
Supreme Court decision. Some options could cost City
additional funds .
3 . Tax limitation
Governor continues to suggests that he wants local tax
limitation including a "nonbinding" referendum on any
local tax increase.
4 . Tort reform
As a result of a recent Utah Supreme Court decision, it
is anticipated that the plaintiffs ' bar will attempt to
use this decision to limit governmental immunity.
An ad hoc group of state, county, city, UAC, League and
school districts'thave been meeting and have a draft of
legislation which may be submitted as a defensive
measure. This legislation would create a super-pool to
handle out-of-pocket damages in excess of the statutory
governmental immunity limits .
5 . Jails
The state task force on jails has prepared legislation
to submit to the next session. It provides
(a) Counties operate jails
(b) Counties can increase their general fund mill levy
ceiling by an undetermined amount to cover the
increasing cost of jails .
(c) COurts cannot sentence state prisoners to jail.
(d) State can contract with jails for space but cannot
displace local prisoners and must pa ix: cost of
incarceration. lc�ti
6 . County government form
The City will obviously be drawn into Jack Gallivan' s
attempt to change the County form of government.
7 . Hotel/motel tax
It is almost certain that hotel/motel association will
make another attack on innkeepers ' tax.
8 . State tax commission powers
The state tax commission acts as a collecting agent for
the City sales tax. Not only does the commission not
pay the City interest on our funds but it is also
compromising our taxes in confidential settlement
agreements with certain large taxpayers .
9 . Sales tax exemptions .
The current sales tax provides for numerous sales tax
exemptions and no one knows the costs of these
exemptions nor the value. Proposed legislation would
eliminate exemptions and make them deductions which
would have to be applied for and could be monitored.
10 . School district annexation
Proposed legislation would cure annexation problem that
requires school boundaries to be identical to City
limits .
11 . Parking ticket lien
Proposed legislation would allow City to file tickets
with Department of Motor Vehicles and filing would
create a lien on car. Car could not be registered
until lien was cleared.
12 . Taxation of gas lines
Legislation needed to provide for imposition of utility
revenue tax for natural gas delivered to City user
where delivery takes place outside City boundaries .
-2-
13 . Condemnation enhancement offset
Legislation would allow for enhanced value of parcel
remaining after condemnation to be offset against
condemnation award.
-3-
PRELIMINARY LEGISLATIVE PACKAGE
(Not Prioritized)
1 . Retirement (September)
Legislature intends to amend retirement act to make various substantive
changes. City input will be vital.
2. Tort reform -- $250,000
As a result of a recent Utah Supreme Court decision, it is anticipated
that the Plaintiff's bar will attempt to use this decision to limit
governmental immunity.
An ad hoc group of state, county, city, UAC, League and school districts
have been meeting and have a draft of legislation which may be submitted
as a defensive measure. This legislation would create a super-pool to
handle out-of-pocket damages in excess of the statutory governmental
immunity limits.
3. Jails
The state task force on jails has prepared legislation to submit to the
next session. It provides
(a) Counties operate jails
(b) Counties can increase their general fund mill levy ceiling by an
undetermined amount to cover the increasing cost of jails.
(c) Courts cannot sentence state prisoners to jail
(d) State can contract with jails for space but cannot displace local
prisoners and must pay cost of incarceration.
It. County government form
The City will obviously be drawn into attempts to change the County form
of government.
5. Hotel/motel tax
It is possible that hotel/motel association will make another attack on
innkeepers' tax.
6. State tax commission powers
A. The state tax commission acts as a collecting agent for the City sales
tax. Not only does the commission not pay the City interest on our funds
but it is also compromising our taxes in confidential settlement
agreements with certain large taxpayers.
B. The City is also seeking expedited payment form the Tax Commission.
7. School district annexation
Proposed legislation would cure the annexation problem that requires
school boundaries to be identical to City limits.
8. Taxation of gas lines
Legislation needed to provide for imposition of utility revenue tax for
natural gas delivered to City user where delivery takes place outside City
boundaries.
9. Salt Palace Expansion
Legislation would formalize proposal for state, county, city and private
sector funding for $60 million expansion
10. Courts Complex
Multiple bills would appropriate $7.8 million for Phase I of a
consolidated courts complex in Salt Lake City. Certain RDA technical
amendments may be required.
11 . Special Improvement Districts
A. Downtown Business Alliance
B. Reserve accounts
12. Fine Arts Complex
Continue state share of funding
13. Criminal activity
A. Pawn Shop
B. State Traffic Code
14. C & B road funds
Support restrictive account for drivers' license fees which facilitate a
$9 million reduction in highway tax diversion.
•
PALMER DEPAULIS �...li" Walt-
MAYOR .!•.- __ _ -. ' �'
OFFICE OF THE MAYOR `
CITY AND COUNTY BUILDING"
451 SOUTH STATE STREET,,ROOM 306
SALT LAKE CITY,UTAH 84111
TELEPHONE 535-7704
January 9 , 1990
Alan Hardman , Chair
Salt Lake City Council
451 South State Street
Salt Lake City , UT 84111
Dear Alan :
After a national search and intensive interviews I have selected
Dennis M. Sargent, former Fire Chief of Myrtle Beach , South
Carolina , to be Salt Lake City Fire Chief.
Dennis was the Myrtle Beach Fire Chief from 1986 to 1989 . In
that capacity , he was responsible for providing fire protection
and emergency medical services to a population that ranges from
30 ,000 people in the winter to more than 350 ,000 during the
summer months . In addition , while Fire Chief, Dennis initiated
an advanced life support emergency medical program and a
community fire education program. Dennis ' record is outstanding
and I know he will be a fine Fire Chief for Salt Lake City .
I would appreciate your consideration of this appointment and ask
that it be scheduled on the Council ' s agenda at the earliest
convenience .
Sincerely ,
ieem, .(1?",(XJL
Mayor
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