CITY OF SOUTH SALT LAKE
CITY COUNCIL MEETING
COUNCIL MEETING
Wednesday, November 7, 2012
7:00 p.m.
CITY OFFICES
220 East Morris Avenue – Suite 200
South Salt Lake, Utah 84115
PRESIDING
Council Chair Irvin Jones, Jr.
CONDUCTING
Council Member Casey Fitts
SERIOUS MOMENT OF REFLECTION/
PLEDGE OF ALLEGIANCE
Council Member Michael Rutter
SERGEANT AT ARMS
John Ferguson
COUNCIL MEMBERS PRESENT:
Casey Fitts, Ryan Gold, Irvin H. Jones Jr., Boyd Marshall, Michael Rutter,
and LeRoy Turner
COUNCIL MEMBERS EXCUSED:
John Weaver
STAFF PRESENT:
Mayor Cherie Wood
Charee Peck, Chief of Staff
Paul Roberts, Deputy City Attorney
Michael Florence, Community Development Director
Craig Burton, City Recorder
STAFF EXCUSED:
Charee Peck, Chief of Staff
Lyn Creswell, City Attorney
Kayla Moss, Deputy City Recorder
OTHERS PRESENT:
See attached list
APPROVAL OF MINUTES
1. October 24, 2012 Regular Meeting. Council Member Marshall moved to
approve the minutes.
MOTION:
SECOND:
Boyd Marshall
Michael Rutter
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South Salt Lake- Regular Council Meeting
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Roll Call Vote:
Fitts
Aye
Gold
Aye
Jones
Aye
Marshall
Aye
Rutter
Aye
Turner
Abstain
Weaver
Absent
Council Member Turner abstained because he was not present at the meeting.
NO ACTION COMMENTS
1. SCHEDULING. The City Recorder informed those at the meeting of upcoming
events, meetings, activities, etc.
2. CITIZEN COMMENTS/QUESTIONS. Hal Cannon, 35 East Southgate Avenue.
Mr. Cannon advised that he received an affidavit regarding some SOB establishments
in South Salt Lake. He advised that he has 19 video cameras at his establishment
operating 24/7 to ensure no illegal activity is occurring. The affidavit is not dated
above his signature so no matter what he says he’s probably not guilty of perjury.
Item three is false because they have no leather chairs on the premises and no areas
with signs or special indications to such chairs, or one person dance areas.
Throughout the affidavit there are constant references to g-strings bottom coverage.
They are actually referring to bikini bottoms and thongs as g-strings. No entertainer in
the City performs in such minimal attire as a g-string. It would be illegal. Southern
Exposure passed at DAB inspections and g-strings are not allowed. There are
constant references to buttocks as if they were already illegally exposed. They have
probably been exposed at my club for 22 years and probably at most of the swimming
pools in the state since the bikini was invented about 66 years ago. In item 4 he
misleads by referring to dancers who had actually just put their clothes back on while
on stage, while in full view of three feet away from patrons as nearly naked. In item
11 he refers to a dance sign and VIP area in Southern International leading one to
think dances are occurring, they do not. The list goes on from there. He thinks the
adversarial relationship that is beginning to develop is unfortunate. He thinks the 6
foot requirement is probably uphold-able but not necessary in the City.
Kent Bangerter, Southern Exposure Owner. He reiterated what Hal stated. These
clubs are operated by the ordinance. He has been in this business for over 30 years
without citations or infractions in multiple locations in multiple cities. He likes the
ordinance as it currently is and they follow it.
Rydell Mitchell, 2750 South 300 West. He runs Deuces Wild in South Salt Lake. He
has been running the club for about five years. They have never had any sort of
violation. He read through some of the proposed changes and a lot of it doesn’t
pertain to his club at all. His club doesn’t run that way at all.
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South Salt Lake- Regular Council Meeting
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Neil Saylor, 172 Beryl Avenue. Mr. Saylor asked how the information sheet
regarding fall cleanup was passed out the way it was and how the incorrect
information was given out.
Mayor Wood asked Mr. Saylor to clarify which information he was referring to.
Mr. Saylor clarified that the City said it was an order from the EPA, which it was not.
Mayor Wood advised that it is actually accurate information. The City needs to have
something in place to make sure that the storm drains are not going to be
contaminated.
Mr. Saylor asked the City Council to relook at the trash pickup and find something
more accommodating to the residents. He also wanted to know where the minutes
online were. He also wanted to know what the changes to the SOB ordinances were.
Phil Henderson, 11236 Palisade Rim Drive, South Jordan, UT. Mr. Henderson
advised that he is the area manager for Southern Exposure. They have not had any
violations or problems or citations. They have been in business for 25 years. They
have never had a violation for prostitution, sex acts, drug abuse or distribution, or
violation of Utah SOB laws. They do training daily. They employ security from
opening to closing to make sure their customers and employees are safe and secure.
They modify some rules to make sure they are more proactive from making sure
incidents don’t occur. South Salt Lake requires a bar card which requires a
background check. They can’t just hire anyone off the street, they hire good people.
Most of the people they employ are single moms or students. Making these changes
could put them out of work.
3. MAYOR COMMENTS. Mayor Wood advised the Council that Proposition 1 was
passed for the parks and trail bond. The City will be allotted $4 million to complete
Parley’s Trail between 500 East and the Jordan River. Salt Lake City will be getting
$5 million to close the gap on the Parley’s Trail. South Salt Lake will be working
with Salt Lake City on this project. More information will be brought back soon. This
next year is the City’s 75th anniversary. They are working on plans for events
throughout the summer. Mayor Wood also requested more names for the
Neighborhood Advisory Committees. Quite a few people are interested, they are
going to have an open house meeting in the next two weeks.
4. CITY ATTORNEY COMMENTS. None.
5. CITY COUNCIL COMMENTS. Council Member Jones advised that the
November 13th Arts and Community Council Meet and Greet will be to look for
members of the Board and Volunteers. He also encouraged all of the Council
Members to attend the Neighborhood Advisory Committee Open House to get
involved. The handcrafted holiday should also be a fun event.
Council Member Turner advised that a number of the people in his area have called
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South Salt Lake- Regular Council Meeting
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him and expressed support and appreciation for the dumpster bins that have been
placed around. They like the idea and it has been convenient for them to carry their
stuff there.
6. INFORMATION. None.
ACTION ITEMS
Unfinished Council Business
1. An Ordinance of the City of South Salt Lake City Council Amending
Title 8 of the South Salt Lake City Municipal Code to Restructure the Fee
Schedule, Include Tier System, and Encourage Landowners to Maintain
Vacant Buildings Through the Use of Permits. Paul Roberts, Deputy City
Attorney, advised that they went over a lot of the changes to the ordinance last
week. There is also a resolution amending the fee schedule this week. These
fees are substantially less than the old fees for vacant buildings. They are a lot
more realistic for the property owners.
Council Member Marshall moved to approve this ordinance.
MOTION:
Boyd Marshall
SECOND:
Michael Rutter
Roll Call Vote:
Fitts
Aye
Gold
Aye
Jones
Aye
Marshall
Aye
Rutter
Absent
Turner
Aye
Weaver
Aye
a. Adopt a Resolution of the City of South Salt Lake City Council
Approving Amendments to the Consolidated Fee Schedule Related
to Vacant Buildings. Council Member Rutter moved to approve this
resolution.
MOTION:
Michael Rutter
SECOND:
LeRoy Turner
Roll Call Vote:
Fitts
Aye
Gold
Aye
Jones
Aye
Marshall
Aye
Rutter
Aye
Turner
Aye
Weaver
Absent
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2. A Resolution Approving the Extension of the .20% City Option Sales and
Use Tax Applicable to Transaction Occurring Within the Boundaries of
the City of South Salt Lake. Mr. Roberts advised that this is something the
Council approved back in June. Looking at the statute the Council needs to
approve the extension after July. This will be used for Redevelopment and
Economic Development. That was one of the conditions for approving this
extension. Essentially if this is passed the additional .2% will be extended
until 2030 unless another Council revokes it.
Council Member Rutter asked if there is any way to track where the funds are
being expended.
Mr. Roberts advised that Kyle Kershaw, Finance Director, has been tracking
the funds. From what he understands it has been used to pay the bond
payments on the loan.
Council Member Rutter moved to approve this resolution.
MOTION:
Michael Rutter
SECOND:
Boyd Marshall
Roll Call Vote:
Fitts
Aye
Gold
Aye
Jones
Aye
Marshall
Aye
Rutter
Aye
Turner
Aye
Weaver
Absent
3. An Ordinance of the City of South Salt Lake City Council Amending
Chapter 5.56 of the South Salt Lake City Municipal Code, Concerning
Licensing Requirements and Regulations for Sexually Oriented
Businesses. Mr. Roberts recommended one more week to look over this
ordinance. More materials were handed out this week and it would be good to
have time to digest those things more. There may also be some additional
tweaks made to the ordinance over the next couple of days. He would like
some unofficial policy direction so they can bring back an ordinance they are
comfortable with approving. The main three changes are the extension of the
three foot rule to a six foot rule, the second is the prohibition of alcohol in
sexually oriented businesses, and the third being the hours of operation. He
asked for the Councils concerns and take on the ordinance.
Council Member Rutter asked to know what issues the City has with the
businesses staying open until 2 am, if there will be a significant difference
between then and 12 am.
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Mr. Roberts advised that staff doesn’t have specific evidence on whether there
are more problems with the businesses between 10 pm and 2 am. That is not
necessarily required according to the ordinance. The City is trying to regulate
future conduct as well as existing businesses. Salt Lake City does not have an
hour of operation restriction in their sexually oriented business ordinance. It
just depends on the zone that they’re in. It is a policy decision, if the Council
decides it is better to stay open until 2 am they can do that.
Council Member Fitts asked what the City hopes to accomplish in the end
with this ordinance. He wants to know if there is a baseline they are working
with that can show that it is going to help drop crime and cut down on a
certain type of infractions.
Mr. Roberts advised that it is to eliminate the secondary effects that have been
identified by a lot of studies and also case law. It has been upheld in a lot of
cases. Secondary effects have been a big problem in other areas, with
prostitution, paid sexual contact, distribution of controlled substances, spread
of communicable diseases; they are all listed in the materials provided.
Council Member Fitts advised that he understood that but wanted to know if
there were occurrences in South Salt Lake that they were trying to curtail.
Mr. Roberts advised that there haven’t been any specific reports from the
police. There was the affidavit submitted. The establishments have had some
disagreement with the facts that were presented in it.
Council Member Fitts asked to get some counts on what quantity of secondary
effects exist within the City.
Mr. Roberts responded that the secondary effects aren’t always reportable. If
there is a transaction for prostitution at an establishment you’re not going to
have a police call come out of that. That’s why the studies and the experience
of other jurisdictions in a similar setting are very helpful. It is not just dealing
with the businesses that are currently here, but is an ordinance that is forward
reaching and forward looking, trying to avoid these secondary effects.
Council Chair Jones talked with some police officers and one of the reasons
there are no reports could be that the police department are understaffed. He
doesn’t think it does the City any good to pass a 3 foot rule if we don’t have
the officers to enforce it. He would ask the Council and Mayor to consider
restoring the previous street crimes unit and vice unit to what the City has had
in previous years.
Council Member Rutter asked if anyone on the Council has any objections
with keeping the closing time at 2 am.
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South Salt Lake- Regular Council Meeting
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No Council Members responded so Council Member Rutter suggested
keeping it at 2 am.
Mr. Roberts recommended that this be kept on unfinished business and the
changes will be brought back.
Council Member Turner asked what the most concerning thing for the owners
of the sexually oriented businesses would be if the City changes the six foot
buffer to three feet.
Kent Bangerter, Owner of Southern Exposure. Mr. Bangerter thinks the
key point is the secondary effects. He thinks that Los Angeles, New York, and
Chicago probably don’t have a screening process. They don’t have a code that
is anywhere near as stringent as the one that is already in place; that in and of
itself will prevent things from happening. All of the employees are screened
and background checked. He doesn’t believe secondary effects exist here.
Council Member Fitts asked Mr. Mitchell if the six foot buffer change would
affect his business because he had mentioned the changes wouldn’t be a big
deal to him.
Rydell Mitchell, 2750 South 300 West. Mr. Mitchell advised that they have a
3 foot barrier as far as the stage goes. Their stage is an inset stage, the girls are
not allowed at all to come past that mark. Once they come off the stage they
go right to the dressing room. The gentlemen that sit around the stage couldn’t
touch them even if they tried. It has never been a problem for their
establishment. He could move three sections of the stage back but one section
would be difficult to move to accommodate a six foot buffer.
Council Member Gold asked if lap dances are allowed under the current
ordinance.
Mr. Roberts advised that under the current ordinance there is a prohibition on
patrons touching the dancers. There has been some interpretation of that
ordinance currently. The new ordinance would make it much clearer.
Council Member Gold is confused because there is a three foot rule, if the
dancers are giving a lap dance there isn’t three feet between them.
Hal Cannon, 35 East Southgate Ave. Mr. Cannon advised that the dances
occur because it is limited to three feet when they perform seminude in the
current ordinance. They are clothed when giving the lap dances right now. He
thinks the six foot rule would affect their businesses because everyone will go
to another City where it isn’t as far apart. The new touching rules will affect
the lap dances.
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South Salt Lake- Regular Council Meeting
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Phil Henderson, 11236 Palisade Rim Drive, South Jordan, UT. Mr.
Henderson clarified that the 3 foot separation between the customers and
dancers is a railing. There is also security that patrols that. If a customer
encroaches upon that area they are told to back up. The three foot rule
completely works because there is a big enough space to see if something is
going to occur. It’s not just a foot away. Putting people six feet away would
make it really hard to remodel the club and older gentleman won’t be able to
see what’s going on. They also have a club in Salt Lake City that can be open
until 5 or 6 am if they want to be. Closing earlier only drives people to other
cities. They want South Salt Lake to be a destination and not drive people to
other cities.
Council Member Gold observed that he has kids. He might not scold or
ground them, but it doesn’t mean that they’re not following the rules. They
break the rules all the time. Whether he is enforcing it all the time is a whole
other issue. The fact that the Sexually Oriented Businesses haven’t received
any citations doesn’t mean that they aren’t breaking the rules. The City
doesn’t have enough patrols to be watching their establishments all the time.
Council Member Turner moved this to Unfinished Business on the November
14, 2012 Regular Meeting.
MOTION:
SECOND:
Voice Vote:
Fitts
Gold
Jones
Marshall
Rutter
Turner
Weaver
LeRoy Turner
Michael Rutter
Aye
Aye
Aye
Aye
Aye
Aye
Absent
Council Member Marshall moved to adjourn.
MOTION:
SECOND:
Voice Vote:
Fitts
Gold
Jones
Marshall
Rutter
Turner
Weaver
Boyd Marshall
Ryan Gold
Aye
Aye
Aye
Aye
Aye
Aye
Absent
The meeting adjourned at 7:46 p.m.
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South Salt Lake- Regular Council Meeting
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____________________________________
Irvin H. Jones, Jr., Council Chair
_____________________________
Craig D. Burton, City Recorder
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