Myrtle Beach City Council
To see the supporting documents for the agenda items, visit the City Council Documents page.
MYRTLE BEACH CITY COUNCIL AGENDA
TUESDAY, AUGUST 13, 2019
9:00 A.M. – WORKSHOP – TED C. COLLINS LAW ENFORCEMENT CENTER
10:00 A.M. – MEETING – TED C. COLLINS LAW ENFORCEMENT CENTER
1101 NORTH OAK STREET, MYRTLE BEACH, SC 29577
NOTE: CITIZENS ARE INVITED TO ATTEND AND PARTICIPATE IN THE MEETINGS. CITIZENS WHO WISH TO ADDRESS COUNCIL ON NON-AGENDA ISSUES ARE ASKED TO SIGN IN PRIOR TO THE START OF THE MEETING AND STATE THEIR NAMES PRIOR TO SPEAKING. A TOTAL OF 30 MINUTES WILL BE PROVIDED AT THE END OF THE MEETING.
ANYONE WHO REQUIRES AN AUXILIARY AID OR SERVICE FOR EFFECTIVE COMMUNICATION OR PARTICIPATION SHOULD CONTACT THE CITY CLERK’S OFFICE AT (843) 918-1004 AS SOON AS POSSIBLE, BUT NO LATER THAN 48 HOURS BEFORE THE SCHEDULED EVENT.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
APPROVAL OF WORKSHOP MINUTES… August 1, 2019
APPROVAL OF MEETING MINUTES... August 1, 2019
APPROVAL OF MEETING MINUTES... July 23, 2019
APPROVAL OF MEETING MINUTES... August 6, 2019
PUBLIC REQUESTS, PRESENTATIONS, AWARDS, MEMORIALS:
- Proclamation recognizing Widows of Opportunity.
- Kids Triathlon Update – Samantha Vititoe (WS)
- Mid-Year Crime Stats – Deputy Chief Marty Brown
- Downtown Master Plan Update – Lauren Clever, DRC Executive Director
- Public Information Update – PIO Staff/Police
CONSENT AGENDA – The Consent Agenda covers items anticipated to be routine in nature. Any Councilmember may ask that an item be moved from the Consent Agenda to the Regular Agenda for lengthier discussion, or a member of the public may request that such an item be moved. Items remaining on the Consent Agenda will be briefly described by staff and may be passed as a group with the APPROVAL OF THE AGENDA.
Note: City laws are known as ordinances. Before a city ordinance can be enacted it must be introduced (1st Reading) and then approved (2nd Reading). Resolutions are normally actions through which City Council reinforces or makes policy not rising to the level of law. Motions are generally related to direction from City Council to city staff to take certain actions.
NO ITEMS ARE LISTED ON THE CONSENT AGENDA FOR THIS MEETING.
2nd Reading Ordinance 2019-035 to rezone 2.16 acres between Ocean Boulevard and Chester Street (PIN #424-15-04-0199, #424-15-04-0200, #424-15-04-0201 and #444-02-01-0431) and the adjacent rights-of-way of Ocean Boulevard and Withers Drive, from MU-H (Mixed-Use High Density) to A (Amusement) in order to accommodate a mix of family-centric uses, and to amend Sections 14 of Appendix A Zoning to restrict amusements near a public library, school and church.
The subject property is in the Downtown Master Plan Area and located within an Opportunity Zone. The applicant proposes to develop: an amusement on the second row property; six eight-bedroom vacation rental homes; and, a 350-space, four-story parking garage on the third row. The rezoning is recommended to take advantage of the reduced set-backs in the A zone to facilitate development of the third row improvements. The proposed ordinance also states that no portion of the ride, at maximum extension, shall be closer than 220’ to any public library, school or church.
Opportunity Funds must be invested before 2020 in order to maximize tax benefits. The third-row property is across Chester Street, Chapin Memorial Library and Chapin Park. The Master Plan suggests moving the library and repurposing the existing building. Current parking spaces on these lots are not required for any nearby businesses. Once a property is rezoned, any permitted use in that zone may be built, and the applicant will not be held to the original plans.
2nd Reading Ordinance 2019-036 to extend the corporate limits of the City of Myrtle Beach by annexing 0.632 acres located at 4105 and 4107 Little River Road (Horry County TMS #174-09-01-030 and 174-09-01-035), and rezone said property from Horry County SF 6 (Single Family Residential) to City of Myrtle Beach RMM (Multi-Family Residential).
The applicant owns property along Little River Road, currently located in the unincorporated part of Horry County and zoned SF 6 (Single Family, 6,000 sq. ft. per unit). Applicant wishes to combine the two lots to construct townhouses. The proposed zoning allows a maximum of 12 units/acre; it does not allow mobile homes. The applicant is required to annex as a condition of receiving city utilities to service the proposed townhomes.
The adjacent in-city property, located to the north of this property, is zoned Longleaf PUD (Residential) and is a townhouse development. The zoning across Little River Road is R-10 (Single Family, Minimum 10,000 sq. ft. lot). The property currently contains mobile homes, although that is not a permitted use in the proposed zone. If approved, these mobile homes would be grandfathered in as legal non-conforming uses.
2nd Reading Ordinance 2019-037 to amend Ordinance No. 2019-023 to ensure consistency in the amounts of penalty charges between the local hospitality tax and local accommodations tax.
Ordinance 2019-022, adopted on 03/07/19, amended the Accommodations Tax with no changes to the penalty provisions section. Ordinance 2019-023, also adopted on 03/07/19, authorized the city to levy a Hospitality Tax, which included penalties that differed from those of the Accommodations Tax.
The current A-Tax penalty is 2% per month on the amount of taxes which remain unpaid. The current Hospitality Tax penalty is 25%. The proposed ordinance would standardize on the current A-Tax penalty.
2nd Reading Ordinance 2019-038 to amend Section 1 of Ordinance 2019-030, the 2019-20 Budget Ordinance, to adopt tax rates consistent with the 2019 Horry County reassessments and statutes governing the implementation of a reassessment.
In accordance with South Carolina laws providing for the equalization and reassessment of real property values, Horry County is conducting its five-year reassessment of property values. The reassessment is scheduled for implementation with the 2019 tax year, for which tax notices will be issued in October of this year. The county has recently sent notices, as required, to all property owners whose properties have increased in value by $1,000 or more since the last reassessment, which was implemented in tax year 2014.
Following the establishment of reassessed property values, local governments are required to adjust their base tax rates for operations by a formula that should generate a tax levy that is roughly equal to the prior year’s levy when applied to properties that were taxed in the prior tax year. This establishes a new baseline on which to apply any additional operating millage levies for the new year.
For 2019-20, the city’s baseline tax rate for operations will be adjusted to 72.9 mills, which includes a “rollback rate” of 69.9 plus the 3-mill increase adopted in the provisional rate of the 2019-20 Budget Ordinance that Council adopted on June 11, 2019. No change is proposed in the debt service millage. As a result, total millage for tax year 2019 (Fiscal Year 2019-20) will be 78.9 mills.
1st Reading Ordinance 2019-039 to authorize the sale of property located at 807 North Kings Highway (identified as Horry County PIN #444-01-01-0043, TMS #181-07-07-019) toL1PMyrtleBeach, LLC, for $159,000, an amount which equals the City’s purchase price and exceeds the market value of the property as reflected in the current Horry County tax records.
The city owns property at 807 Kings Highway in the area designated as a historic area in the proposed Arts and Innovation District. Renovations to historic structures are eligible for State and Federal tax credits, off-setting about 30% of the renovation coats. The city has received an offer from L1PMyrtleBeach, LLC (doing business as Mashburn Construction), to purchase the property “as-is” for $159,000. In addition to the historic tax credits, the transaction contemplates the city accepting a note for 90% of the sales price (subject to a mortgage interest) for one year to allow the buyer to realize these credits.
Per the proposed ordinance, Council finds that the proposed sale is consistent with Council’s intent when the property was acquired by the city, that it contributes to the implementation of the Downtown Master Plan and that the proposed price is reasonable. The ordinance also authorizes the City Manager to execute the sale of the property pursuant to a proposed real estate contract.
With interest on the note, the buyer’s total payment by the end of the year is $166,155. The city acquired the property for $159,000. Current County Tax Records show the fair market value as $155,300.
Resolution R2019-036 to establish a policy to set guidelines for the review of requests to place monuments in Warbird Park.
Warbird Park is located on the former Myrtle Beach Air Force Base site, on the north side of Farrow Parkway, and is a short distance from the Kings Highway intersection. The park recognizes the former base itself, military personnel assigned to that base and civilian employees who worked there. Numerous monuments and memorials have been added to the park over the years and the city continues to receive requests. This resolution proposes guidelines to aid in the review of such requests.
The following guidelines are proposed:
- The monument must relate to a category listed above, the Public Health Service Commissioned Corp or the National Oceanic & Atmospheric Administration Commissioned Corp.
- The entity proposing the monument will be responsible for the cost of the monument, including installation costs.
- In consultation with the requesting party, the city will determine the monument location.
- Requests must be in writing and include: detailed information regarding the proposed honoree; a picture or drawing of the monument; and, the proposed inscription.
- The Manager may approve the placement of monuments in accordance with this policy.
Resolution R2019-037 to accept the dedication of those certain rights-of-way within the Market Common R-13 subdivision.
This resolution is consistent with a long-standing city policy and practice regarding the “acceptance” of residential streets into the city’s street system. The streets are initially built by the subdivision’s developer. When construction is complete, and the streets have been determined to have been properly constructed and meet all city standards, the streets are formally accepted into the city system by City Council. The city is thereafter responsible for all roadway maintenance.
The following streets are proposed for dedication (acceptance) into the city’s system: Peterson Street, William Hook Street, Air Force Lane, Cope Alley, Means Circle, Kalcevic Alley, Crowell Lane and Binder Alley. All are located in the Market Common Area.
Resolution R2019-038 granting a special event permit to Coastal Broadcast, LLC, for the “Waves of Praise Gospel Music Festival,” from noon to 10:00 p.m. on September 7, 2019, at the Burroughs and Chapin Pavilion Place (both sides) and affirming the City’s co-sponsorship.
This free festival includes performances by nationally known gospel artists, food, non-alcoholic beverages and merchandise vendors. The festival is expected to attract 10,000 concert-goers. The public parking spaces along the event site at Eighth Avenue North, and a single lane on Eighth Avenue North, will be used for production load-in, production load-out and talent vehicles.
Per the proposed resolution, City Council declares the festival a “Special Event” and:
- Adopts the site plan and authorizes the Manager to make changes as needed.
- Affirms festival co-sponsorship and to provide in-kind services (under negotiation).
- Authorizes area businesses to display temporary welcome signs.
- Extends a warm welcome to festival participants.
Resolution R2019-039 granting a special event permit to Crossroads Events Productions, Inc., for the “2019 Myrtle Beach Jazz Festival,” October 4-6, 2019, and affirming the City’s co-sponsorship.
The promoter proposes a food, music and entertainment event, known as the “Myrtle Beach Jazz Festival,” for October 4-6. The event is to take place along Carver Street, between 18th and 21st Avenues North, from 10:00 a.m. to midnight each day. Activities include food vendors, live entertainment and a beer garden.
In this proposed resolution, City Council:
- Declares Myrtle Beach Jazz Festival to be a “Special Event.”
- Adopts the proposed event site plan.
- Authorizes the City Manager to make minor changes to the plans as deemed necessary.
- Affirms co-sponsorship of the festival and agrees to provide in-kind services, including venue set-up/take down, waste management, police and emergency medical services.
- Authorizes businesses to display temporary welcome signs.
- Extends a warm welcome to festival participants.
Resolution R2019-040 to approve the allocation of $7,000 from the Sports Tourism Fund’s 2019-20 appropriations to meet the 50% matching requirement for the South Carolina Department of Parks, Recreation & Tourism (PRT) STAR bidding grant.
The Sports Tourism Division, partnering with Diamond Sports Group, will host the “Winter Shine” youth football event on November 28-December 1, 2019, at the Ned Donkle Complex, Doug Shaw Memorial Stadium and Grand Park. This resolution provides assurance to SC PRT of the immediate availability of the 50% matching funds required under the STAR bidding grant program.
Motion M2019-088 to appoint/reappoint two members to the Human Rights Commission.
David Victoria and Bennie Swans have resigned and their terms have expired. Resumes have been received from city residents Matthew Hardee, Patti Lynn Bongiorno, Mark Tagtmeyer and Cameron Clark. And, resumes have been received from non-city residents Nicole Criss and Lucas Hazel.
Motion M2019-101 to issue a Rule to Show Cause to require the owner(s) or parties in interest of property known as 1901 N. Kings Hwy, to show cause as to why they should not be ordered to bring the property into compliance with Chapter 10 of the Code of Ordinances of the City of Myrtle Beach.
If approved, the Rule to Show Cause order compels the property owner to either bring the structure (or property) back into compliance with City Code, or to demolish the structure. The order allows the city to mitigate the non-compliance issues if the property owner fails to do so, and to lien the property for the costs incurred.
Motion M2019-102 to authorize the City Manager to enter into an agreement for professional services with DDC Engineers for an infrastructure study and plan for the downtown redevelopment project.
This agreement is proposed to review the sufficiency of the city’s infrastructure in areas included in the Downtown Master Plan. Specifically, the study will focus on water, sewer, stormwater, overhead utility and natural gas needs in the downtown area, especially the area impacted by the 501 realignment. The study will include a phasing plan and preliminary engineering cost estimates.
The proposed study cost is $98,380, with an additional cost of up to $8,400 for survey work, if required. The current city budget includes $600,000 for site work and engineering associated with the implementation of the Master Plan.
Motion M2019-103 to approve a Special Event Permit to NS Promotions for the 11th Annual “Myrtle Beach Oktoberfest”, on October 11-12, 2019, between the hours of 4:00-9:00 p.m. on Friday and 11:00 a.m.-7:00 p.m. on Saturday. The event will take place on the Grand Park Lawn near Farrow Pkwy and Hackler. The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.
This event is proposed as a celebration of German food and beer. In addition, the event will feature craft vendors, live music and an area for kids’ games. The promoter expects attendance of approximately 3,000 event-goers. No road closures are required.
Motion M2019-104 to approve a Special Event Permit to NS Promotions for the “2019 Turkey Trot” 5K race on the streets in the Market Common area and Valor Park on November 28, 2019, between 8:00-9:30 a.m., with take down by noon. The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.
This is the 10th edition of this traditional road race on Thanksgiving morning. An expected 1,200 athletes will participate. The 5K (3.1 miles) race takes approximately one hour to complete. The event uses “rolling” road closures (the roads are only blocked long enough to let the runners go by). The course has been vetted by the Police Department. The following streets will be briefly impacted: Farrow (eastbound only), Shine, Pampas, Mallard Lakes, Cactus, Cardinal, Willow, Swallow, Hemlock and Meyers.
Motion M2019-105 to approve a Special Event Permit to BEI-Beach, LLC, for the “Annual Tree Lighting Ceremony at The Market Common” in the area adjacent to the Grand 14 Cinema on November 23, 2019, from 6:00 until 9:00 p.m. The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.
This annual event features choral groups, kids’ games, inflatables, train, face painters and a balloon artist. A heavy-set special guest with a beard and a red suit is also scheduled to be in attendance. Temporary road closures include Reed Street (Deville to Howard) and Deville (Blizzard to Nevers).
Motion M2019-106 granting a Special Event Permit to BEI-Beach, LLC, for “Holiday Bazaar, Carriage Rides, Pictures with Santa and Music in the Streets” for the period October 1-December 30, 2019. The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.
This event is the annual holiday season series in The Market Common and features: hay and carriage rides on Howard Avenue and Deville Street; a holiday bazaar in the median of Howard; and, music and pictures with Santa in front of the movie theater. The event requires the use of two public parking spaces on Howard for the carriage rides and two on Reed Street for the hay rides.
Motion M2019-107 to approve a Special Events Permit to NS Promotions for The Myrtle Beach Mini Marathon and Coastal 5K, October 19-20, 2019, from 6:00-11:00 a.m. on Friday and 6:00 a.m. to 12:00 p.m. on Sunday. The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.
This event has been purchased by a local group: NS Promotions. For the proposed 2019 event, two races will take place: a 5K (3.1 miles) on Saturday, followed by a half-marathon (13.1 miles) on Sunday. The Saturday race will follow the same course described for the “Turkey Trot” (see M2019-104 above). The Sunday race will follow the same course used for several years. The race starts at Coastal Grand Mall. Rolling road closures for the half marathon include: Grissom Parkway (Seaboard Street to 62nd Avenue North), 62nd Avenue North (Grissom Parkway to Ocean Boulevard) and Ocean Boulevard (62nd Avenue North to Second Avenue South). From Second Avenue South, the runners get on the Boardwalk and finish at Ninth Avenue North. Approximately 5,000 athletes are expected to attend and participate. Per agreement with the previous event owner, the city is paid $5 per each half marathon athlete to off-set expenses.
Motion M2019-108 to approve a Special Events Permit to The Grand Strand Humane Society/Jess Wnuk for “Woofstock,” a concert fundraiser on August 24, from 12:00 to 10:00 p.m., at the Burroughs and Chapin Pavilion Place. The City Manager is authorized to make changes to these plans as he deems necessary in keeping with the nature of the event and as circumstances dictate.
This event is a fundraiser for the Grand Strand Humane Society. Woofstock features musical performers throughout the day, as well as food and beverage vendors. GSHS expects 500 participants for this event.
Motion M2019-109 to declare certain vehicles abandoned or derelict pursuant to the authority of Article 41 of Title 56 South Carolina Code of Laws 2001.
This declaration is an effort to improve the appearance of both commercial and residential neighborhoods. This report includes vehicles that staff has tagged as abandoned or derelict. Council’s approval of this item allows these vehicles to be towed from their private property locations to a tow yard where they may be reclaimed by the current owner upon payment of the applicable towing and storage fees. If the vehicles are not claimed by the owner within 30 days of the required notice, then the tow company may sell the vehicle and keep the proceeds as compensation.
Motion M2019-111 to authorize the City Manager to enter into a Pilot Agreement with the Trojan Cow, LLC, in order to coordinate surveillance services to be provided by valid Food Truck Permit Holders at certain city parks, in return for the right to sell food and beverages at these locations.
This program is an extension of the Recreation, Parks and Sport Tourism’s designed as an experimental (pilot) program to allow vendors holding valid Food Truck Permits to sell food and beverages in Futrell, Bathsheba Bowens, Savannah’s Playground and Withers Swash Parks, as well as Myrtle’s Market. In exchange, these vendors will provide surveillance services in order to keep the parks cleaner and safer.
The pilot covers the period of activity from March through October. During this period, the goal is to provide a food truck at each park from, 11:30 a.m. to 1:30 p.m., and 6:00 p.m. to 8 p.m., for a minimum of two days per week, although each vendor may extend at their discretion (but not beyond normal park hours). With proper permitting, vendors may also arrange special events at these parks at appropriate times with no previously scheduled events. Normal park rental fees shall be waived for such purposes.
Trojan Cow, LLC, will coordinate a rotating schedule of vendors in each park to provide a variety of foods at each location. Each vendor will be responsible for providing receptacles for their own trash and picking up after their customers. In addition, prior to setting up and breaking down daily operations, each vendor will scan the park to identify any unresolved maintenance issues requiring special attention and either rectify the situation or notify the city. Vendors will also immediately notify the Police of illegal, dangerous or suspicious behavior, and display a large A-Frame sign indicating that they are providing surveillance on the Police Department’s behalf. Trojan Cow will not be compensated by the city for this service, nor will any of the individual vendors be compensated by the city.
Motion M2019-112 to authorize the City Manager to enter into a Letter of Intent with American Surf Parks, LLC, for the lease of City owned property adjacent to the Myrtle Beach Sports Center for the development of a Surf Park and amphitheater site.
American Surf Parks, LLC, proposes to develop a Surf Park and Amphitheater on the city-owned property located behind the Sports Center, east of Grissom Parkway, and south of Burroughs and Chapin Boulevard. The proposed term of the lease is 15 years, with developer options to renew for seven additional five-year terms, as long as the proposed use is maintained.
The proposed lease begins at $180,000/year, with a 10% escalator every five years. The premises contain approximately 295,000 cubic yards of stockpiled spoil dirt, which must be removed at an estimated cost of $2,000,000. The tenant will be responsible for the initial site work expenses, but will be reimbursed with an amount equal to the annual lease payments for 10 years, or until the tenant’s initial site work investment is repaid (whichever comes first). A large portion of the spoil dirt will be used on the property adjacent to the proposed surf park to create an amphitheater with a sloping seating bowl. The estimated capacity of that amphitheater is approximately 2,000 spectators with fixed seats and 8,000 more in the seating bowl.
Staff estimates the total projected revenues from the surf park operations alone at nearly $450,000/year (exclusive of rent payments) for phase one of the project. This estimate includes city property taxes, business license fees, TDF, Hospitality Fees and the city’s portion of the State Admissions Tax. A separate phase two is contemplated with a proposed hotel. Staff has not estimated the financial impact of the proposed amphitheater. No outlay of city funds is contemplated in this proposal.
This proposal is non-binding and serves as proposed as evidence of the city’s sincere interest in this project. Upon approval, the developer will complete their due diligence and work to secure financing. Upon completion of these steps, the developer will provide a final lease agreement consistent with this LOI for Council’s review and approval.
NON-AGENDA ITEMS FROM THE PUBLIC
COMMUNICATIONS FROM CITY BOARDS/COMMISSION MEMBERS
COMMUNICATIONS FROM CITY COUNCIL AND CITY MANAGER
- Council Communications
- CFO Update
- CM/ACM Update
REPORTS AND INFORMATION PRESENTATIONS FROM CITY STAFF
EXECUTIVE SESSION – Council may take action on matters discussed in Executive Session which are deemed to be “emergency” concerns.
Note: South Carolina law requires that Council’s business is conducted in public with limited exceptions, known as “Executive Sessions.” Subjects eligible for Executive Session include:
- Personnel matters.
- Negotiations concerning proposed contractual arrangements and proposed sale or purchase of property.
- The receipt of legal advice relating to:
– A pending, threatened, or potential claim.
– Other matters covered by the attorney-client privilege.
– Settlement of legal claims, or the position of the city in other adversary situations.
- Discussions regarding development of security personnel or devices.
- Investigative proceedings regarding allegations of criminal misconduct.
- Matters relating to the proposed location, expansion, or provision of services encouraging location or expansion of industries or other businesses.
Motions to go into Executive Session must be made in public and specify one or more reason above. Council can take no vote or action in Executive Session.