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Myrtle Beach City Council

To see all supporting documents for the agenda items, visit the City Council Documents page.

MYRTLE BEACH CITY COUNCIL MEETING AGENDA
MYRTLE BEACH CITY COUNCIL
TUESDAY, MAY 11, 2021
9:00 A.M. – WORKSHOP – COUNCIL CHAMBER
10:00 A.M. – MEETING – COUNCIL CHAMBER
COUNCIL CHAMBER, 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 MINUTESApril 27, 2021

PUBLIC REQUESTS, PRESENTATIONS, AWARDS, MEMORIALS:

  1. Memorial Day Weekend Update – Police (Workshop)
  2. Volleyball Court Expansion (Workshop)
  3. Employee Longevity Awards (Meeting).
  4. Proclamation declaring the week of May 9-15 as National Police Week (Meeting)
  5. Proclamation declaring the week of May 24 -31 as National Beach Safety Week. (Meeting)
  6. Proclamation declaring the week of May 17-23 as James B. Kendrick Week (Meeting)
  7. Recognition of the Myrtle Beach High School Fine Arts (Meeting)
  8. Terri Springs (Meeting)
  9. Public Information Update – PIO Staff (Meeting)

CONSENT AGENDAThe Consent Agenda covers items anticipated to be routine in nature.  Any Council member 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 actions through which City Council reinforces or makes policy not rising to the level of law.  Motions are related to direction from City Council to city staff to take certain actions. 

NO ITEMS LISTED ON THE CONSENT AGENDA.

REGULAR AGENDA

2nd Reading Ordinance 2021-21 to amend Chapter 5 of the Code of Ordinances of the City of Myrtle Beach, Beach and Boating Regulations, to make minor updates to sections of this chapter. 

Due to the increase of activity on the beach & based on feedback from beach goers & staff this ordinance makes some changes.

  • Ordinance makes the following changes:
    • Adds Fire Department Ocean Rescue as an appropriate authority
    • Amends shading devices & permits devices designed for infants/children
    • Amends the fishing allowances & requires a 50’ buffer b/w fishing & people swimming
    • States that people swimming have the right-of-way over fishing. Note: this only applies if there is a conflict b/w fishing & swimming
    • Does not permit fishing in front of any franchisee’s umbrella line
    • Removes the provision allowing jet-skis to be launched from or returned to the beach (exception for businesses operating pursuant to a franchise and emergency personnel)
    • Requires no holes be dug on the beach deeper than 12” w/o refilling the hole before departing the site
    • Adds to the list of items of display that do not meet the requirement of adequate body covering when it comes to appropriate swimming attire on the beach.

2nd Reading Ordinance 2021-22 to rezone 21 acres located in the 2600 Range of S Kings Hwy (a portion of PIN# 44300000012) from PRC (Parks Recreation and Conservation) to AP (Airport) to resolve a split zone.

Applicant has a split-zoned parcel of property it wants to address. 

  • A large majority of airport property is zoned AP (Airport) in support of airport operations, but this particular parcel is currently zoned both AP and PRC (Parks Recreation and Conservation).
  • Per FAA requirements, MYR had initiated an airport master plan prior to COVID-19.
  • During the master plan process, MYR discovered this split zoned parcel.
  • Split zoned parcels are difficult to plan for because of the different uses. Ideally, entire tracts of parcels should be zoned the same to make development more efficient.
  • Because AP is the most dominate zone at the airport, it was recommended this parcel be rezoned AP.

At the Planning Commission meeting on 3.16.21, the majority of the Commissioners voiced concerns regarding this request because they were concerned with the lack of buffering along Hwy 17, and along the backside of the cemetery property that abuts the airport.  When considering this item please keep in mind the following:

  • Any development/re-development at the airport and on this parcel will be subject to CAB review.
  • In the near future the City plans on replacing privacy fence at the cemetery. The replacement fence will be 6’-8’ in height.
  • There is also a large patch of mature trees and shrubbery on the back portion of the cemetery. The trees and shrubbery are on cemetery property and act as a natural buffer between the airport property and the cemetery.
  • The AP zone already abuts the cemetery along the rear property line, and the HC-2 (Highway Commercial) zone abuts the cemetery on the north and south side.

1st Reading Ordinance 2021-23 to amend a lease denominated as the agreement of lease between the City of Myrtle Beach and County of Horry as landlords and the Durham Bulls Baseball Club, Inc. as tenant dated as of September 1, 1998, deleting unnecessary terms, reflecting the true parties in interest and providing for the extension of lease for two (2) years.

The City and County co-own the baseball stadium on a 70/30 basis.  The original 20-yr. lease agreement expired after the 2018 baseball season.  The City and the team agreed to a three-year extension that is set to expire after the 2021 season. 

In late 2020/early 2021, Major League Baseball and Minor League Baseball reached a new business agreement.  This new agreement will require significant capital investment in the current stadium, or require a new stadium.

There are no significant changes to the term of the agreement in this lease amendment.  During the extension period, the parties will work collaboratively on determining the future of Pelican Stadium.  This could be a new stadium at another location or modernization of the current stadium.    

Resolution R2021-16 to accept the dedication of certain roadways known as Fontane Way (50’ Public R/W), Colline Verdi Way (Future Variable Width) and a section of Tramonto Street (50’ Public R/W) within the Heel Tract Spine Road Development.

GDMB Marina Land, LLC has constructed three streets known as Fontane Way, Colline Verdi Way, and a section of Tramonto Street.  These roads comply with the City’s standards and construction requirements.   Consistent with long-standing policy and practice, these streets are now ready for acceptance into the City’s street system.  These streets will be publicly owned upon approval of this action, and the City will be responsible for maintenance going forward. 

Resolution R2021-17 recognizing Myrtle Beach Police Officers, killed in the line of duty, Patrol Officer Henry Scarborough on March 2, 1949, Patrolman First Class Joe McGarry, on December 29, 2002, and Patrolman Jacob Hancher on October 3, 2020, and dedicating an intersection, roadway, and overpass in honor and for purpose.  Presentation File

Many communities across the country memorialize the memory of police officers killed in the line of duty by renaming roadways, intersections, and overpasses in their honor.  The City of Myrtle Beach has had three officers killed in the line of duty.

  • Henry Scarborough – March 2, 1949
  • Joe McGarry – December 29, 2002
  • Jacob Hancher – October 3, 2020

In their honor and memory, this Resolution dedicates the following intersections, roadways, and overpasses:

  • Henry Scarborough – the intersection of Hwy. 501 and Broadway will be renamed in honor of Officer Scarborough.
  • Joe McGarry – Corsair Street will be renamed Joe McGarry Way in honor of Officer McGarry.
  • Jacob Hancher – The Hwy 17 overpass on Harrelson Blvd, will be renamed in honor of Officer Hancher.

Resolution R2021-18 declaring May 1-31, 2021, as the “Military Appreciation Days Legislative Festival” in the City of Myrtle Beach.

Since 2009, the City has designated certain days in May as “Military Appreciation Days” to convey community’s gratitude to active, reserve, and retired military & National Guard.  This event is organized by the City’s Military Appreciation Committee which represents military support, veterans’ organizations, and area residents committed to ensuring our military are locally recognized & appreciated.

The proposed resolution recognizes the month of May as the “Military Appreciation Days Legislative Festival” to include, a JROTC drill competition, Military band concerts, a parade, picnic, Memorial Day Ceremony, and Veterans’ March.  In addition, the proposal provides use of the City’s recreational facilities at City resident rates during the month of May for all active duty military and members of the National Guard. 

Motion M2021-57 to approve a Special Event Permit to Heather Gray / BEI-Beach, LLC for the Market Common Carriage Rides, to be held every Tuesday from May 15, 2021, through June 30, 2021, from 5:00 p.m. to 8:00 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 features a Horse Drawn Carriage to carry guests through Market Common. The promoter anticipates the event will draw approximately 100 guests per evening and asks to close two parking spaces on Howard Avenue in front of Dolce Lusso Salon for carriage pick up and drop off.

Motion M2021-58 to approve a Special Events Permit to Heather Gray/ BEI – Beach LLC for the DeVille St. Festival, to be held every Saturday from 10:00 a.m. – 5:00 p.m. from May 15, 2020, to July 24, 2021. 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. 

There will be various vendors and entertainment along Deville St. The applicant is aware they must pay for any services provided by the City of Myrtle Beach.

Motion M2021-59 to approve a Special Event Permit to Heather Gray/ BEI-Beach, LLC for the Taste of Market Common, to be held May 15, 2021 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.

The event includes tastings from restaurants throughout Market Common. Deville Street will be closed from Lewis Street to Nevers Street from 9:00 a.m. – 5:00 p.m.  Expected attendance is 1,500.

Motion M2021-64 to appoint/reappoint five members to the Standard Code Board of Adjustments and Appeals.

The terms of Neil McCoy, Jeff Hunter, and Judith Blackburn will expire on April 26, 2021. All wish for reappointment. There are also two vacancies. On file are the resumes of Paul Garcia (City Resident) and Brad Waldrom (City Resident).

Motion M2021-65 to appoint/reappoint two members to the Bicycle and Pedestrian Committee.

There are currently two vacant seats. On file are the resumes of Angel Cruz (City Resident), Pierre Kieffer (City Resident), David Wehrle (Non-Resident), Missy DiMauro (City Resident), Fabian Boyzo (Non-Resident), Shawn Watson (Non-Resident), Katie Wunder (City Resident), and Steven Jordan (Non-Resident). One seat will expire on August 26, 2022 and the other on August 26, 2021.

Motion M2021-66 to authorize the City Manager or his designee to accept a grant from Horry County First Steps for School Readiness Local Partnership in the amount of $8,900 to upfit the outdoor Story Walk with steel displays and develop a Story Walk collection; to record the appropriation of such grant funds in the amount approved, and to execute and deliver the grant agreement and such related documents as may be required to put the grant into effect.  No local match is required.

First Steps is a statewide organization serving all 46 counties in SC helping parents and families prepare their children for school and life success.  A Story Walk has been installed in Grand Park featuring a fun, educational activity that places a children's story along the multi-use trail by the lake.

Motion M2021-67 to approve Memorandums of Understanding between the City of Myrtle Beach and the below listing of law enforcement agencies throughout the state. These agreements are to support law enforcement services throughout the City during events such as Memorial Day Weekend, and the Carolina Country Music Festival.

Alvin S. Glenn Detention Center, Coastal Carolina University Police Department, Columbia Police Department, Cayce Department of Public Safety, Charleston County Sheriff’s Office, Manning Police Department, Horry County Sheriff’s Office, Conway Police Department, Clarendon County Sheriffs Officer, Johnston Police Department, Florence Police Department, Lexington Police Department, Georgetown County Sheriff’s Office, North Charleston Police Department, Greenville Police Department.

Motion M2021-68 to approve an annual Memorandum of Understanding between the City of Myrtle Beach Police Department and the U.S. Immigration and Customs Enforcement Homeland Security Investigations.

This MOU is between the Myrtle Beach Police Department and the U.S. Immigration and Customs Enforcement Homeland Security Investigation. The agencies and designated task force officers will perform the activities and duties to include but not limited to: training, investigations related to HSI and Customs, gathering intelligence, testifying in court, engaging in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of South Carolina.

Motion M2021-69 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 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 M2021-70 to name the Charlie’s Place Business Incubator Units the “Herbert and Mary Riley Renaissance Center.”

Herbert and Mary Riley were tremendous proponents of preserving the City’s diverse history and were instrumental in encouraging the City of Myrtle Beach to purchase the properties known as Charlie’s Place and the Fitzgerald Motel.  The City recently completed a multi-year renovation of these historic structures including the restoration of a segment of the motel units as part of the City’s Business Incubator Program.  This program provides entrepreneurial opportunities for the community and was part of the vision Mr. Riley had for this project.  Herbert Riley passed away on July 10, 2019.

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 – Upon returning to Public 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