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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, OCTOBER 8, 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

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

APPROVAL OF WORKSHOP MINUTES...  September 19, 2019


APPROVAL OF MINUTES...  September 24, 2019

PUBLIC REQUESTS, PRESENTATIONS, AWARDS, MEMORIALS: 

  1. Proclamation declaring month of October as Domestic Violence Awareness Month.
  2. Downtown Redevelopment Corporation Implementation Plan Update
  3. End-of-Season Report
  4. 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.

REGULAR AGENDA

2nd Reading Ordinance 2019-048 a proposal by Myrtle Beach Farms Company to annex approximately 7.62 acres at the corner of Nance Street and Mr. Joe White Avenue (a portion of PIN #425-13-01-0080) and to rezone the same portion from Horry County NC (Neighborhood Commercial) to Myrtle Beach HC-1 (Highway Commercial); and, to rezone the adjacent portions of Robert Grissom Parkway, Mr. Joe White Avenue and Nance Street accordingly.

This property is located in donut hole (unincorporated Horry County) located on the southeast corner of Mr. Joe White Avenue and Grissom Parkway, west of Nance Street.  The property has increasingly been the site of unpermitted urban camping, with resulting litter and debris.  Since the property is not in the city, our officers do not now have jurisdiction to assist the property owner to address these issues.  Based on this obstacle, the owner was asked to consider annexing the property so that we could lawfully assist with clean-up efforts.

The property is currently zoned Horry County NC (Neighborhood Commercial).  The applicant requests HC-1; Planning Commission recommends HC-2 (both Highway Commercial).  The zones have identical signage, parking, landscaping and area/dimensional requirements. 

The primary differences between HC-1 and HC-2 are, as follows:

  • Residential (single and multi-family residential) are allowed in HC-2.  No residential uses are allowed in HC-1.
  • Wholesale businesses are allowed in HC-1, but not in HC-2.
  • Warehouses are allowed outright in HC-1; indoor storage facilities are allowed as conditional uses in HC-2.
  • Minimum lot size for display of “Heavy Durable Goods” is two acres in HC-1, versus five acres in HC-2.  (Not a relevant issue in this case, as the size of the property exceeds five acres.)  

1st Reading Ordinance 2019-049 to extend the corporate limits of the city of Myrtle Beach by annexing 2.8 acres at the corner of Robert Grissom Parkway and Mr. Joe White Ave. (PIN# 42512040040) and to rezone the same portion from Horry County LI (Light Industrial) to Myrtle Beach HC-2 (Highway Commercial).

This property is an unincorporated donut hole on the northwest corner of Mr. Joe White Avenue and Robert Grissom Parkway, diagonally across from property proposed for annexation on the southeast corner of these same roads (see Ordinance 2019-048).  Unpermitted urban camping is an issue on both parcels.  Due to the property’s location outside the city’s jurisdiction, our officers are unable to assist in dealing with this issue.

This proposal is consistent with the Council’s goal of closing these unincorporated “donut holes” whenever possible.  Annexation would allow city officials to assist the property owners to control the unpermitted camping.  The property is currently zoned Horry County LI (Light Industrial).  The Comprehensive Plan calls for development along Grissom Parkway to be mixed-use neighborhood centers designed to serve the surrounding neighborhoods.  This use is accommodated by the proposed zoning. 

1st Reading Ordinance 2019-050 to rezone a 3.89 acre parcel (PRE-FIN 19-18) on Stockholder St. (a subdivided portion of TMS#181-01-01-051) from HC-1 (Highway Commercial) to WM (Wholesale/Manufacturing); and, to rezone the adjacent portion of Stockholder Avenue accordingly.

The property owner originally requested that this parcel be split-zoned, with the portion closest to 501 remaining HC-1, and the remainder rezoned to WM to accommodate a proposed storage use.  Planning Commission and staff recommended that the property be subdivided along the proposed zoning line to avoid split-zoning.  The owner agreed, and the property was approved for subdivision on October 1, 2019.

The practical differences between HC-1 (current zoning) and WM are:

  • HC-1 allows more of a variety of commercial uses than WM.
  • WM allows manufacturing, wholesale, heavy equipment and storage uses; HC1 does not allow these uses.
  • No maximum height exists in WM.
  • The majority of setbacks are greater in WM.

1st Reading Ordinance 2019-051 to authorize the sale of property located at 819 North Kings Highway (identified as TMS #181-07-07-017 and Horry County PIN #44401010041) to GSB Properties, LLC, for $453,000, an amount which equals the City’s purchase price.

The subject property is a two-story structure located adjacent to Nance Plaza in the Arts & Innovation District.  The property has been qualified as a “contributing” property to the historic district, making the renovations eligible for State and Federal Historic Tax Credits.  The proposed purchaser plans to construct a brewery in this space.  The purchaser also plans to lease the second floor for use as a combination event and “maker space.”

The proposed sales price is equal to the city’s original purchase price from DRC, and DRC’s original price from the previous owner.  Under the proposed terms, the purchaser will pay $3,000 in earnest money upon execution of the contract and $10,000 more at closing.  The balance is due one year later (at 5% interest) to allow the buyer to pay from the proceeds of the historic tax credits.  The agreement acknowledges the city’s intent to demolish the adjacent city-owned building to accommodate a passageway between Nance Plaza and the public parking area in the rear.  The agreement also acknowledges the city’s intent to activate Nance Plaza and to allow the purchaser non-exclusive use of that space.  The agreement is anticipated to be closed within 75 days of execution of the agreement. 

1st Reading Ordinance 2019-052 to rescind Ordinance 2015-077 which established a moratorium on nightclubs, bars, other drinking places to reflect that the Planning Commission has fulfilled City Council’s request to study such uses in the area now known as the Arts and Innovation District, and that, pursuant to that study, zoning regulations have now been adopted for that area.

In December 2015, City Council imposed a moratorium on new nightclubs, bars and other drinking places after a number of significant criminal activities in the area occurred (formerly known as the Superblock area).  This area is now the site of the Arts & Innovation District, which was established through Ordinance 2019-047 on September 24, 2019.  The ART zoning designation sets forth the permitted uses in this area, so this moratorium is no longer relevant.

Resolution R2019-050 to accept the dedication of those certain roadways known as Cresswind Boulevard (width varies) Suncrest Drive (50’ right-of-way) and Silver Spring Lane (50’ right-of-way) within the Cresswind Phase 1a Section 1 of the Cresswind 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, the streets have been determined to have been properly constructed and the streets are verified to meet all city standards, they are formally accepted into the city system by City Council.  The city is thereafter responsible for all roadway maintenance. 

Resolution R2019-051 to accept the dedication of those certain roadways known as Suncrest Drive (50’ right-of-way) and Silver Spring Lane (50’ right-of-way) within the Cresswind Phase 3A Section of the Cresswind 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, the streets have been determined to have been properly constructed and the streets are verified to meet all city standards, they are formally accepted into the city system by City Council.  The city is thereafter responsible for all roadway maintenance. 

Resolution R2019-052 to accept the dedication of those certain roadways known as Suncrest Drive (50’ right-of-way), Maplecress Way (50’ right-of-way and Laurelcress Drive (50’ right-of-way) within the Cresswind Phase 3b Section of the Cresswind 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, the streets have been determined to have been properly constructed and the streets are verified to meet all city standards, they are formally accepted into the city system by City Council.  The city is thereafter responsible for all roadway maintenance. 

Resolution R2019-053 granting a special event permit to the Oceanfront Merchants Association for “Holidays on the Boardwalk,” from November 29, 2019-January 6, 2020, and affirming the city’s co-sponsorship.

This is the eighth year for this proposed event, which takes place on the Boardwalk and in Plyler Park between 12:00 and 8:00 p.m.  The Tree Lighting on November 29, 2019, will be at 6:00 p.m.  Activities include an opportunity to meet both Santa and Mrs. Claus, train rides, live entertainment and arts and crafts.

The proposed resolution:

  • Affirms city’s co-sponsorship, and agrees for the city to provide in-kind services in the form of advertisement and promotion only.
  • Allows for event signage on the stage, on 10’ x 10’ tents and at the event site.
  • Extends invitation and welcome to residents and visitors to enjoy the event.

Resolution R2019-054 to approve the acceptance of $67,584.95 from the SC Department of Public Safety (Office of Highway Safety and Justice Programs) Body-Worn Camera fund; and, other matters relating thereto.

The Police Department applied for funding in the total amount of $204,720 for reimbursement for previously purchased body-worn cameras, data storage and/or maintenance ($172,925), and the initial purchase of body-worn cameras, data storage and/or maintenance ($31,750).  The application was approved for $67,584.95, freeing up funds in the police budget for other uses. 

In proposed resolution, City Council:

  • Authorizes the activities undertaken to apply for the grant and for executing and delivering all related documents.
  • Recognizes that the grant reimburses the city for funds already expended.

Resolution R2019-055 establishing the Myrtle Beach Quality of Life Court in the City’s Municipal Court.            

An unparalleled quality of life is a very high priority of City Council.  The existence of public nuisances negatively impacts the quality of life enjoyed by our residents.  In addition, these nuisances and poorly maintained properties contribute to criminal activity and deter economic development/redevelopment.  The Quality of Life Court is proposed as an efficient and effective system to abate these public nuisances and property code violations.  If implemented properly, this Court will achieve greater City Code compliance. 

If established, a Quality of Life Court will hear all public nuisance, fire and property code violations.  Once the Court is fully implemented, there will be no Rule to Show Cause hearings or abandoned vehicles items for City Council to approve.  The cases will instead be heard by the Court.

Motion M2019-128 to issue a Rule to Show Cause to require the owner(s) or parties in interest of property known as 940 Canal Street, to show cause 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.

This matter was continued at the previous Council meeting to allow another attempt to notify one of the heirs to the property.  That heir was notified.  The City Manager anticipates requesting an additional continuance to allow that property owner to react to this proposed action.  

Motion M2019-136 to issue a Rule to Show Cause to require the owner(s) or parties in interest of property known as 1103 Yaupon Dr., to show cause 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 M2019-137 to issue a Rule to Show Cause to require the owner(s) or parties in interest of property known as 1226 Rosehaven Drive, to show cause 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 M2019-138 to approve a Special Events Permit to Caitlen Buffkin/BEI – Beach LLC for “Playing with Fire” Movie Promotion Event on November 9, 2019, from 11:00 a.m. to 4:00 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 event is to showcase The Market Common and to promote the new movie, “Playing with Fire.”  The event will include about six vendors.  A small portion of DeVille Street will be closed directly in front of the theater.  This event is free and open to the public.  The promoter anticipates 250 attendees.

Motion M2019-139 to approve a Special Event Permit to Native Sons Promotions for the “Myrtle Beach Jeep Jam” to be held at the former Myrtle Square Mall Site and on the beach April 30-May 2, 2020, from 1:00 p.m. to 6:00 p.m. on Thursday, and 11:00 a.m. to 7:00 p.m. on Friday and Saturday.  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 billed as a “family-friendly celebration of Jeep culture and the off-road lifestyle”, and is expected to attract 35,000 participants.  Most of the events will be held on the Old Mall Site, although the event also includes a slow-motion Jeep parade (better known as a “Beach Crawl”) each day from the 2nd Avenue Pier to the 14th Avenue Pier.

Motion M2019-140 to approve a Special Events Permit to Klig’s Kites for a Kite Fly Festival on October 27, 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 will take place on the beach in front of the old Pavilion site.  Approximately 100 participants are expected to attend.  The applicant is aware that they must pay for any services provided by the City of Myrtle Beach.

Motion M2019-141 to approve a Special Event Permit to Joe Goodwin of MB Volleyball Club to host a Jr. Volleyball Tournament.  MB Volleyball Club is proposing to hold this event on the beach on either side of Pier 14 on November 2, 2019, from 8:00 a.m. to 4:00 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 event will be held on the oceanfront portion of Burroughs & Chapin Pavilion Place, and on the beach on both sides of Pier 14.  The club has previously sponsored many similar events without incident.  Approximately 200 participants are expected.  The site plan shows five courts located north of the pier, and three to the south. 

Motion M2019-142 to approve a Special Event Permit to the Myrtle Beach Shrine Club/Rusty Watson for the “2019 Smoke on the Beach” from 8:00 a.m. to 11:00 a.m., Friday, October 11, to Saturday, October 12, 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 competition and event features professional BBQ teams from across the southeast.  Beer, wine and recorded musical entertainment will be provided.  No road closures and/or in-kind services are requested.  Approximately 1,000 people are expected to attend.  The event has no admission fee and the area will be open to members of the public.  This event supports the Shriners’ Children’s Hospitals. 

Motion M2019-143 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 M2019-145 to appoint/reappoint one member to the Bicycle and Pedestrian Committee.

The term of Tom Vitt has expired.  He does not wish to be reappointed.  We have three individuals interested in appointment:  city residents Stacy Kay Vaughn, Matthew Hardee, and Michael S. Davidson. 

Motion M2019-146 to approve the reappointment of Chief Administrative Municipal Judge Jennifer Wilson for a four year term.

City Code provides that the Chief Administrative Municipal Judge shall be an attorney with criminal trial experience in good standing with the SC Bar.  Council appoints the Chief Judge for a term not to exceed four years or until a successor is elected and qualified.  The Chief Judge:  presides over all the terms and sessions of Court; directs the assistant municipal judges and Court clerical personnel; and, establishes the Court’s policies and procedures.  Judge Wilson has been serving in this capacity since November 2000.

Motion M2019-147 to accept a reimbursement grant of $11,586 from the SC Department of Parks, Recreation and Tourism’s Park and Recreation Development Fund for the replacement of exercise equipment along the North Ocean Boulevard Walking & Workout Trail that runs along the Beach Front Cabana Section of Ocean Boulevard.  Local match of $2,896 has been budgeted.

This grant provides reimbursement for materials and installation of 18 pieces of exercise equipment along North Ocean Boulevard.  The project was completed in May 2019.

Motion M2019-148 to accept a reimbursement grant of $6,153 from SC Department of Parks, Recreation and Tourism’s Park and Recreation Development Fund for the construction of the “Gardens by the Sea” shelter adjacent to the Cabana section.  The shelter will serve as a sitting area with tables, a bike rack and trash cans.  Local match of $1,539 has been budgeted.

This grant provides reimbursement for improvements made to the Gardens by the Sea picnic area, including a covered picnic shelter, two picnic tables, a bike rack and trash cans.  The project was completed in March 2019.

Motion M2019-149 to authorize the City Manager to provide sponsorship funding in the amount of $4,000 for the 3rd Annual Awareness Domestic Violence/Anti-Bullying event at Myrtle Beach High School on Saturday, November 3, beginning at 10:00 a.m. 

At the last Council meeting, the city was requested to provide sponsorship funding for this important event.  The proposed funding would allow the city to show support of this effort by becoming the “named” sponsor.

NON-AGENDA ITEMS FROM THE PUBLIC

COMMUNICATIONS FROM CITY BOARDS/COMMISSION MEMBERS

COMMUNICATIONS FROM CITY COUNCIL AND CITY MANAGER

  1. Council Communications
  2. CFO Update
  3. 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.  

ADJOURNMENT