City Council - Regular Meeting

We'll call the meeting to order and ask the cler to call the role. Mayor Baldwin here. Councilman Collins here. Councilman Coin here. Councilwoman McCumby here. Councilman Skidmore here. Councilman Thomas. Mayor, you have a quorum.

Thank you. Our invocation tonight will be by Jay Cortez, our uh chaplain. Thank you, mayor, city council, uh, city manager, Mr. Fabrey, uh, assistant city manager, Miss Terra. Um, my chief, my fire chief, my police chief, Dana Crawl of, Billy Floyd are with us as well. Um, to all you beautiful citizens of North Myrtle Beach. Um, pray with me if you would. Let's go before the Lord in prayer. Heavenly Father, we thank you for the day, Lord God. Your word says that this is the day that you have made and we will rejoice and be glad in it. Lord God, I thank you for the leadership of this city. um from the mayor down. Lord God, we thank you so much. Father, I pray wisdom, knowledge, understanding, discernment, and favor over these folks that are leading this great city. Lord, my prayer is this city would be known as a city uh that loves you, God. Um Lord, so in these meetings, in this business, Lord God, we pray that your will be done. Not a flippant prayer, Lord, uh but Father, a prayer that that legitely is saying, God, we want you to be in charge here, Lord God. So we pray for your wisdom tonight. Have your way. Do your will in this meeting. It's in the mighty name of Jesus we pray. And all God's people said,

"Amen." Please stand for the pledge of allegiance. To the stands, one nation under God, indivisible, with liberty and justice for all.

Okay. Hey, I need a motion to pass the city council meeting minutes from Monday, February 16th, 2026. Second.

All in favor say I. We'll move into communications. And uh item A on the agenda is the oath of office for Melissa Wolver, Crescent Beach Council member. Ready? Just repeat after me. I do solemnly swear that I am duly qualified I do solemnly swear that I am dy qualified according to the constitution of this state according to the constitution of this state

to exercise the duties of the office to exercise the duties of the office to which I have been elected to which I've been elected as councilwoman of the city of North Myrtle Beach as councilwoman of the city of North Myrtle Beach I will equally fairly and impartially I will equally fairly and impartially to the best of my ability and skill to the best of my ability and skill exercise the trust reposed in me. exercise the trust reposed in me. And I will use my best endeavors And I will use my best endeavors to preserve the peace to preserve the peace. And to carry into effect and to carry into effect according to the law according to the law the purposes for which I've been elected the purposes to which I've been elected. And I will preserve, protect, and defend And I will preserve, protect, and defend

the Constitution of this state and the United States. the Constitution of this state and the United States.

So help me God. Congratulations and welcome aboard. Okay. The next item under communications is item B, proclamation, 100th anniversary of the American Shore and Beach Preservation Association. And I will come down and read that proclamation. Whereas this year 2026 marks the 100th anniversary of the American Shore and Beach Preservation Association, ASBPA, an organization that has led the advancement of coastal restoration shorines. protection and resilience waterfront management for a full century, fostering collaboration among scientists, engineers, policy makers, coastal communities nationwide. And whereas since the founding its founding in 1926, ASBPA has played a pivotal role in promoting sound coastal science, responsible shoreline management practices,

informed public policy to safeguards beaches, dunes, and coastal ecosystems. And whereas the preservation and responsible stewardship of shores and beaches remain essential to protecting public safety, sustaining local economic economies dependent on tourism and recreation, supporting ecological health and wildlife habitats while enhancing the quality of life for residents and visitors alike. Whereas Northr Beach recognizes the ongoing and emerges emerging challenges facing coastal areas including erosion, storm impacts, sea level rise and environmental change and values continued collaboration with ASBPA to promote innovative sustainable solutions. Now therefore, it be resolved that I, J Baldwin III, mayor of the city of North Myrtle Beach, South Carolina, along with the North Myrtle Beach City Council, and its residents, hereby commend the American Shore and Beach Preservation Association for a century of leadership and service and reaffirms its founding purpose to promote the well-being of the nation through the careful stewardship and preservation of coast and shores. We proudly celebrate ASBPA's centennial and renew our commitment to collaborative coastal protection and resilience for the beach of present and future generations. So there's not someone here to accept this award, I don't believe, is there? No. Um, but it will be presented in Washington DC by the South Carolina Beach Advocates.

Okay. Um, so item C under communications department monthly reports for January 2026 are available online. We'll move into item four, announcements by mayor and council. Are there any announcements by Yes. I'd like to congratulate Melissa, but also recognize Ray Collins and Melissa for running such a positive um very positive campaign, very cordial to one another, chose not to go on a negative train and it's a good reflection on them as their character and the city of North Pearl Beach. So, thank you both. Are there any other comments by council?

I'd just like thank the chamber, I don't know if Cheryl's here or not, for what they did this weekend at War. the oyster uh recycling program. So for y'all that don't know, last year and I don't know if it'll go the same way this year, but they had the same benefit and all the oysters were collected and taken out the Wadies Island to start the uh live shoreline protection uh reef system. I don't call it a reef system, but Cheryl, do you know will they do the same thing with these oysters? Okay, awesome. All right. Well, thank you.

Yeah, it was a great event. a lot of people. It was awesome. Y'all did a great job. Thank you. Are there any other comments by council? Hearing none, we will move into consent agenda. And um there's a couple of items on here that we need to take separately. However, uh I believe we might could take item A and item C together. Is council okay with that? Yes.

Okay. I'll read those. Uh item A is a resolution to adopt the bylaws for the public arts commission and item C is a motion to approve Myrtle Beach Tours Beach Games to be held April 4th, 2026 through May 2nd, 2026. I have a motion to approve. So moved. Second. Are there any comments by council? Are there any comments by hearing? We want to take our vote. All in favor say I. All against. Guys have it. Okay, we have I'm sorry. Yes, please come forward. I'm sorry. I'm so sorry. I did not see your hand.

If I'm understanding correctly, please give your name and address. Uh Debbie Lombardino. I live at 309 49th Avenue North North My Beach. If I understand correctly, this ordinance gives the uh I'll call it the pack public acts commission the authority to make decisions regarding the facade um and any other um issues related to uh anything that deals with arts in the community. Am I understanding that correct? They have to have this ordinance to make that decision.

Suzanne, could you could you speak to that? This is a the bylaws, correct? Let her expand on that.

Um the bylaws just u affect how they are governing practices. Um the ordinance that created the public arts commission put facade grants and those kind of things in their purview. It's repeated to some degree in this language, but all that was already previously discussed. Well, what my question is is u when you you establish a commission, can the commission make decisions prior to having bylaws in place? I mean, to me, it's backwards. If you go ahead and you approve things and you you give grants, but you don't have a bylaw to go by, am I missing something here as to why uh the grants were granted before you even had the bylaws? I I don't know that they were. Suzanne, can you comment? Or Chris, I'm not sure.

Well, the grants were already given. The the public arts commission decided who they were going to give the grants to, but they have not been formally awarded by the city yet. Gotcha. So, they have to vote on it again. They can do it without the bylaws. Thank you. Thank you. Are there any other comments by the public? which I missed about this time. Okay. So, hearing none, we'll take our vote. All in favor say I.

I. Against, eyes have it. We'll move into item B, which is a resolution pre-anexation agreement for lot 29 of Ocean View Estates at 5604 Little Riverneck Road. Is there a motion to approve?

Are there any comments by council? So what we're doing here is um basically providing water and sewer to somebody that is on a a set tank and we have water and sewer there. We've done it this in the past in this area to protect our wetlands, our our water quality and that sort of thing. Um they do get charged a higher fee than our local residents do. Um and then once they can become contiguous with the city, then they will have to annex into the city and pay city taxes.

And and this water there is really poor. Um the water flow is poor. They're on a septic tank and we just think it's a good idea. It's an elderly couple to to help them out. Are there any other comments by council? Are there any comments by the public? All those in favor say I.

All those against eyes have it. Uh we'll move into item D. So item D is a motion to approve North My Mortal Beach Rotary Park of Honor to be held June 26, 2026 through July 27, 2026. Do I have a motion to approve?

Are there any comments by council? Certainly encourage even though it's a little ways outrage everybody celebration United States of America. Thank you for sharing that. Any other comments by council? Are there any comments by the public? Yes. Please come forward. Give your name and address. James P's 1221 Tidewater Drive. Tidewater. Um immediate past president of North Myrtle Beach Rotary Club. What I'd like to say is thank you for allowing us in parks and wreck to allow us to extend this to one month as opposed to our regular two weeks. And with the proceeds that we raise, we look forward to making a difference in the community for our veterans. Thank you.

Thank you. Are there any other comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against. Eyes have it. We'll move into unfinished business. Item A is ordinance second reading amendments to chapter 23 zoning of the code of ordinances of North Myrtle Beach, South Carolina defining in ground pools. Is there a motion to approve? So moved. Second.

Are there any comments by council? Basically, we're defining what a ingground pool is versus above ground pool. And I think the difference is in the footage above the ground. So, we're clarifying that. It's just a record keeping, bookkeeping, you know, following up follow up with our records. Are there any other comments by council? Are there any comments by the public? Hearing none, we'll take our vote. All in favor say I. All against eyes have it. We'll move into item B. Ordinance second reading petition for annexation and zoning designation for 1.05 acres on Buffin Road. Is there a motion to approve? Second. Are there any comments by council?

Okay. in our city. I feel like we have designated areas that we put that are for our mobile home park zoning. There's Foxfire mobile home park, there's Waterway View, there's Creek Side in an area they call Hollywood um that the majority of our our zoning is in. This particular area is kind of unique because most people don't realize the roads there. and it needs a lot of significant improvements to um improve that area. And I would am curious when it's time for public comment to see if anybody from that area is here because I one part of me that's wanting to approve this ordinance is the fact that that area doesn't need cleaned up. And I think that would definitely help start that process. So that's kind of where I'm going back and forth. If that area was more visible, you would have a lot more public outcry. It's if you don't know where it's at, it's worth to go take a look. It's the county. It's little donut hole in the county that is has some mobile homes in that area. Some of them are in probate that are falling down, but that is not the property here, but it's the property adjacent to those. But uh there's residential that is in the city on both sides of it and the property in the area need to be cleaned up until it gets through probate and out of the county and maybe into the city. So it's here's one thing I know uh the applicant uh was not here himself last time but I've spoken to him on the phone. I believe he's called most people on council too. and I had uh wanted to I'd like to I'd rather see R2A there and I think the majority council expressed that concern. I'm not so sure that uh we can achieve that, but I'd like to ask because I

believe the applicant is here tonight. Unless anybody else on council has a comment before we bring my thoughts ago or developed around it. So it's sort of like they were there first tone. So in that light makes sense.

Okay. And we also to consider which would be built a little better than a mobile home, but that's a consideration. But mobile homes today are not like mobile homes of old days. I mean, they're two and $300,000 mobile home, so they're very nice, and I think there's going to be brick underpinning and things like that to make them look really nice and like a nice home. So, I think, you know, would be an improvement on that road.

So, is there someone here that can speak on behalf of the developer? Please give your name and address. Uh, sure. Tyler Ban, 2271, Piso Court, Englewood, Florida. Um, I'm under contract to purchase the property. Um, I was here at planning commission. I wasn't here for the first reading, unfortunately, but I'm just looking for the R3 zoning for manufactured homes. I've talked with most people here on council about, you know, our intent there. Um, you know, I'd be happy any other questions, but I think you guys kind of covered it. Water and sewer, we don't want to develop with septic and well over there. Um, so annexation is a requirement. And, um, anything that we put there is going to be new manufactured homes, not, you know, tin cans from the 70s. It's going to be new and up to modern standards. So, um, I think anything we do is going to be an improvement from, you know, the current conditions there on the propert.

You going to get what, three or four homes? Um, I don't know the total count to be totally honest. It just depends on what the plan will work out too. Um, you know, once we get a successful annexation and you do plan the brick underpinning, that's our landscaping. Yeah, that's our intent. I you know, we like to do, you know, double wide manufactured home with a brick skirting. Um, you know, I don't like restricting what people can do with their property. There's no HOA there, so I don't think we'll deed restrict that. But if we develop it, that would be our intent. Absolutely.

Are you planning to you're going to purchase the homes and put them there or the buyers are going to buy their own homes? So, both options potentially, but more than likely, we buy the home, place it on the lot, and sell it as a a turnkey, you know, product for somebody to move into. That kind of helps uh make it easier so they don't have to go through that construction phase. It's easier to get financing for a finished product than it is to, you know, buy the lot, buy the home, and do it all themselves. So, yeah, any questions? I'd be glad to answer them. I appreciate you being here, and I appreciate you telling us what you intend to do. Absolutely.

Any other comments from the public? Hearing none are there. Any other comments by council? We'll take our vote. All in favor say I. I. All against. Eyes have it. Move into item B. No. Item C, ordinance, second reading, first amendment to the Laurette Associates Track Development Agreement and to authorize the city manager to sign the document on behalf of the city. Is there a motion to approve?

Any comment by council? So basically what we're doing here is this is the road that was uh we talked about in the last meeting that has had some challenges but we need that connectivity in this road um to get pedestrians and residents safely you know from one area to another and also for our public safety to be able to get between these neighborhoods. And I know we've uh talked about the timeline on this and and and I've talked to staff about this and I believe this is realistic timeline. I would like to see it done faster, but in all reality, you know, it is what it is. So any other comments by council? Are there any comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against eyes have it. So we will move into item 7A, ordinance first reading, amendments to chapter 23, zoning of the court of ordinances, code of ordinances of North Beach, South Carolina, requiring screening for mechanical equipment and setbacks. Is there a motion to approve?

So moved. Second. Any comment by council?

Yeah. Um, one one thing I I see the screening and I think it's a you know exception exceptional idea. Um, actually kind of surprised we hadn't done it sooner but it um what what about you know an option for for screening with plants planting materials is that I could couldn't see where it was prohibited but I didn't see where it was actually mentioned in in the ordinance. pull up the agenda. I was looking for the actual text that we had in the ordinance. I just

so we do talk about um a structure comparable screening structure um and I think that's partly because um even probably plants vines or that kind of thing would need you know some kind of something to grow on and I guess there was concern about shrubs being too big and taking up too much space and to and taking too long to provide an effective screen from initial at the initial onset. But um we do say screening materials need not be solid but shall provide effective visual opacity and the intent was to bring that so zoning can look at different options whether it's a fence with screening materials and vines that grow in it or you know whatever but we didn't want to really nail it down too hard but I think landscape materials could be part of it but still would need to have something that's more permanent as well

carpus hedge or or something, you know, similar to to that would be, you know, because on that respect, it's probably a little better probably be more effective on sound dampening opposed to a solid structure that's it's just going to bounce back and forth. Yeah. And I I agree with Fred on that. At my house, we did pot of carpasses around our AC unit, put them close enough together, and bought big enough mature potarpes that they created a wall within a year. And to me, sometimes landscaping um can be more visual pleasing than

we we can revise that to remove the structure component and allow I mean some kind of time frame like if it's a year or I mean we can fix that for the next reading if One thing, and I don't know if we're digging too deep into this, but so in my community, they ended up scratching that because you had some builders that would decide to put a, you know, three gallon instead of a 30 gallon. So, I don't know if we would want to recommend or require a mature enough that it's actually accomplishing what we're wanting it to. Um, another thing that I and I'm not I hate I'm not really jumping around, but I see the 70 decimal is read at 5T. Not right up against the unit. That's correct.

But that is only when they are encroaching into a setback. Correct. And it is only for pool equipment. Okay. Mechanical, not at all. So, okay. That's that was going to be my next question. Another another thing I also had when I was reading through my packet and I believe it might be what y'all presented or someone presented to the planning commission where it was requiring a minimum of six feet tall. That was the original, right? has been scratched and here it's 12 in above the equipment itself and it could be 6 in clear from the ground to allow air exchange or whatever is needed.

Okay, thank you. Are there any other comments by council? Are there any comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against eyes have it. We'll move into item B. is an ordinance first reading petition for annexation and zoning designation for 646 acres on South Carolina Highway 90. Is there a motion to approve? So moved. Second. Are there any comments by council?

One I'd like to um and I think they had addressed a couple of the items in here. one was um adult entertainment and few of the other items. But I I'd like to see I'm just concerned about I'd like to see some kind of restriction on on residential being built within that which you can be a possibility that because we're sort of overwhelmed with on the residential side or in the multif family where we're we're I think we're in good shape on both of those items, right? Um, are you talking about the entire site or you talking about the what we call the no-fly zone where we already restricted the uses that were budding against the neighborhoods?

Um, I was kind of thinking the whole site for any sort of residential or apartments or anything like such unless I mean might be open to like a live work type scenario might might make some sense. Yeah. And I think that was the thought is that nofly zone could work for a town home over under product where you had a a shop below and a residence above. That would be my only caveat to that. If you look at the highway frontage and the cost of the land, it's really prohibitive. And if we're honest, the apartment buildings that are in that area already are are pretty well um Well, today they are. Yeah. Who knows tomorrow?

Yes. So, your plan is for all commercial. That's correct. It's um it's really a big box trying to bring some of those users that aren't here yet. Um and that's that's the point. They will drive everything else. The out parcels, if you look at the way the site plan's designed, it actually picks up a part of the original Champions Crossing. Those are the out parcels and then it follows along Highway 90 as well. So, a lot of those freestanding commercials would be there with the bigger boxes in the interior of that site. I know what I've seen here is this VA material. This is a PDD too though, correct? It's not. It's highway commercial commercial. That's right. The VA that's protecting what Yeah.

we agreed to at the council meeting. So, I do like that there's a lot of retail in this individual retail up front because as that area grows, it'd be nice to have stuff for them to have on that side of the water to keep them from coming back across. Um, help lessen some of our traffic. And I also the HOA president had a bunch of stuff that they would have wanted to see for their community and y'all been willing to accommodate all of that. So that's that's nice and clear.

And I I think this is one of those cases where using a development agreement makes sense because we don't want to preclude uses that would make the commercial viable. You remember across the street, a lot of what we thought Champions Crossing would be originally, I'm not saying they aren't good uses, but they didn't end up being the commercial uses we anticipated on the front end. So, I think this is a second chance to salvage that and have some uses that service not only the park, but the communities out there and keep them from having to cross the waterway to get back. And that DA is a good vehicle to provide those protections that the neighborhoods wanted and needed. So, if you did have when you were talking about like the live work, you you you could have a portion where you have live work, but it would have to be retail or stores on the bottom, right?

It would be kind of like um the St. James place that's um next to the bank in Myrtle Beach where you've got shops. A lot of that is more of a owner operator where they have their own shop there, be it a salon or artwork or that sort of thing. That's typically what you would see there. And that might be more compatible with the area where we precluded transient overnight accommodations because the neighborhoods definitely did not want hotels in that area and that makes sense not to put them there. a nice that would make a sensible transition from commercial retail into neighborhoods.

Yeah. So, I think before we get back to second read, we can work on that language to give you what I think you're asking for. What I'm hearing is you don't want apartments, which we don't want either, right? And it's probably not feasible for single family in that location either. So, would that be in the DA? Yeah, we'd add that in the DA as another um use restriction.

All right. Are there any other questions by council? Are there any comments by the public? Okay. Areola park point 3624 pitchers place. I was going to wait until we got to the development agreement, but since we jumped into some of the things that were on there, first and foremost, I'd like to thank the applicant for annexing or wishing to annex into the city as opposed to staying in the county. At least we have a little more say amongst uh the city council and what suggestions we could give them in regards to what we'd like to see out there. First and foremost, yes, we would like to see some commercial so we could drive our golf carts right there and not have to worry about coming over to the city if not. All right, getting into reviewing the DA. Some of the public benefits that we really like is the partial perimeter wall. All right. Between us and the site, the 500 foot restricted zone from the line, property line going in with the 35 foot restriction, which would accommodate, Fred, what you would say, apartments up top, you know, retail downstairs. All right. The supplemental buffer that was another 25 ft added on the inside. All right. the prohibited entities that we, you know, really are happy that they're not going to be in there. The adult entertainment, funeral homes, cemeteries, etc. The other stuff. All right. There is also an option for pedestrian connection between the two properties. I'll just let you know, Park Point, don't want it. All right. Uh the 7 a.m. to 6 p.m. construction traffic and multiple entrance and exit options. couple of concerns that we had with our virtual meeting this past Wednesday

night. Of course, there'll be an increased traffic volume. All right. What we've been asking for five years and hopefully, you know, we could do this with the expansion of the park. Of course, there's more traffic and especially since the park is right there with two communities between Park Ridge and Park Point. if we could have a safer access, potentially a pedestrian crosswalk, a traffic control device to make it safer for families to get across the street. All right. And one other thing that we brought up is in regards to the construction traffic pattern. some of the things that we see currently out on Route 9 where the dealerships going over there near near the uh Planet Fitness. there's a lot of dirt and debris that when they come out across go into the suicide lane and try to get across onto the other side. You know, if there's some sort of mitigation that's in play or if not, if there an alternative pattern, if feasible, if they could come in on champions and out on 90 and use the right hand turn lane to so that they could go on their way and access 31, you know, that'd be hopefully something that could be uh feasible. and uh lasting, you know, last for me right now. The product that they offer, long as it doesn't uh uh this value what you guys invested in in the park already and it's something that's comparable and just brings up the business and again, okay, my three minutes are up.

Time you've done this law here. You I know I do. I don't talk practice. Last, last but not least, if transient accommodations need to go in, let them be at the front, please. As far as you could get them away from us, we'd greatly appreciate it.

Okay. And I I believe most of the things you talked about have been addressed. U but I would like to ask the applicant ship if you could come back up because one thing that has not been addressed is the crosswalk that Harry brought up and and we've been working on that. That's something we've been working on. I think it's important to get a crosswalk there from Park Point over to the sports complex and and I talked to you about this earlier today and you're willing to provide the

developer was willing to do that. We recognize that that's a value similar to what happened when we put Dale Web along Possum Trot. We did the same sort of improvement there. I think from their perspective since it's not on site, what they'd like to do is contribute the cost of that to the city and let the city install that. And that's another thing that before we come back for second read, we can qualify that with Dana and make sure that we've got an adequate number in there to cover that. But I I think this is the third or fourth time we've installed a crosswalk in one of these projects. So we all should be pretty familiar with it now. But that the developer didn't hesitate at all. They recognize that that's a value to the community and they're happy to do that. Thank you.

Are there any other comments by the public? Please give your come down and give your name and address. We have a threem minute limit. Harry tried to push it. And Madison, 3840 Park Avenue, Park Point Development. And I would just like to say to the council, the investment you made in your park, which is beautiful. All the traffic it now brings and everything, it's not bad. It's a fine thing. Protect your investment. protected because I feel that with the homes that are going to below us, the commercial property above us, and nothing has been done at this point for traffic control or safety. if it's in your mind to accommodate everything that needs to be done to help this project. It's important to us that everything that my neighbor has said, safety is a priority and just to keep the environment of what you invested in in your park, which is a very beautiful thing. Keep that in mind for where you come from and what you think. Thank you.

Thank you, sir. Are there any other comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against. Eyes have it. We'll move into item C. Second public hearing regarding the development agreement for Champions Boulevard commercial. Is there a motion to approve? Second. Is there any comment by council? I believe we've discussed everything. We're just getting it. Okay, Chris, you got

Mayor Baldwin. I'll make a presentation for the second public hearing. After the um the presentation on the comments of the development agreement, um we'll move into a public hearing. Allow the public to comment. Any um comment council may have as well. Um background, the principal provisions of the proposed development agreement for Champions Boulevard are summarized as follows. The term the initial term of the development agreement shall be for five years. The agreement shall automatically renew for one additional 5-year term upon expiration of the initial term, provided the developer is not in default. The exterior partial perimeter wall, the developer will construct a partial perimeter masonry wall not less than 8 ft in height along the property boundary adjacent to Park Ridge horizontal property regime and ParkPoint subdivision. The wall is intended to provide privacy and serve as a barrier between the project and Park Ridge and Park Point. In addition, the developer shall install landscaping materials consisting of canopy trees and ornamental grasses with a with a minimum depth of 25 ft on the project side of the wall. This landscaping buffer is intended to eliminate the need for maintenance access and personnel along the rear of the residences located in Park Ridge and Park Point. [clears throat] Um pedestrian connection to um Park Ridge um andor Park Point. If Park Ridge or Park Point provides written notice to the developer within 60 days following final approval of the agreement that either or both neighborhoods desire pedestrian connection through the perimeter wall to the subject property, the developer shall commence construction of the per perimeter wall on or before the date the first building permit is issued. The wall should be constructed to accommodate installation of not more than two pedestrian gates for for each neighborhood or alternatively

one shared access point for the use of both neighborhoods at the option of Park Ridge and Park Point. The respective neighborhood shall be responsible for the installation and maintenance and operation of any gates including coded access utilizing cards, fobs, keypad entry or traditional keyed access. And regarding the off-site road improvements, um, subject to approval of the South Carolina Department of Transportation, the developers shall undertake improvements to Robert Edge Parkway, including construction of two separate right-in, right out entrances with a um associated acceleration and deceleration lanes. The developer shall also complete improvements to Champions Boulevard consisting of one full access entrance and three right in right out entrance lanes together with with associated and um associated acceleration and deceleration lanes. And then finally um limitation on uses within the highway commercial district. Notwithstanding that the subject property is zoned highway commercial, the developer agrees to prohibit the following uses on the subject property. Adult entertainment businesses, cemeteries, funeral homes, and crematoriums. The development agreement also includes language that requires the developer to record deed restrictions with the deed for the subject property, which restrict the above uses on the subject property. So, it'll be in the development agreement at in addition to deed restrictions on the property itself. Okay.

And those are the main points of the development agreement. And the reason this says this is the second public hearing because it would be considered the first public hearing when the planning commission that is correct that the last meeting last meeting last planning commission meeting the planning commission hosted the first public hearing. The law requires two public hearings and this is the second public hearing on the DA. I understand. Okay. Are there any questions by council or comments? I have a question. So, I think Harry mentioned that they were not in favor of doing the pedestrian gates.

So, is that And I Yeah, Harry, you might need to come down so everybody can hear you. In the DA in the DA, it says they won't do it. So, Chris, will I be required to send a letter that we don't want it or just ignore it and after 60 days they know? after 60 days. But if you want it, you can send a letter after. I don't want to. It's better than should I just have a letter typed up saying we do not want it. That'll be good. Okay. Then we'll address that before second reading to make sure that's in there clear in the DA. Okay.

Well, if I read it, it says you're giving them the option if they want to do it. Yeah. They're not saying you have to do it. Well, you're saying already know. How about the other motion? We have no control over that as it is a managed rental uh property that whole development there Parkeridge. So if they choose to do it, it's all on them and it they have very little space because their dry pond is there. So if anything, there's very little room for them to actually have access and would be forward in their uh within their property lines. I understand. Does that answer your question? Okay.

All right. Are there any other comments by council? Are there any comments by the public? Hearing none, we'll take our vote. Oh, I'm sorry. Yeah, no vote. Okay. All right. We'll move into item D is a ordinance first reading development agreement for Champions Boulevard commercial and to authorize the city manager to sign the docket on behalf of the city. Is there a motion to approve? So move. Second. Are there any comments by council? This is where I believe we've already made comments that would address this on and on.

Are there any comments by the public? Hearing none, we'll take our vote. All in favor say I. I. All against eyes have it. We'll move into item E is an ordinance first reading amendment to the Gator Plan Development District PDD revising the TGI TGI Friday site to a new Chick-fil-A site. Is there a motion to approve? I move. Second. Are there any comments by council? I don't mind starting [laughter]

Sunday, which was yesterday. I started looking. I saw Chick-fil-A and obviously I looked at a little deeper and our Chick-fil-A is busting at the seams as everybody in here probably knows. So, it was nice seeing that and they were going to accommodate TGI Fridays, which is a big partial over there. I thought everybody loves Chick-fil-A. So, I moved on to the next agenda item, but you know, a couple hours later, my phone was blowing up from what I didn't think about was the traffic situation. So, uh, that would be where I think my conversation would be is addressing the solutions maybe with Dana or council on how y'all see fit or the engineer in this project to deal with that. Yeah, I think I've talked to every council member over the weekend about this issue and there's a major concern um of of not how you get into the new area, but how you get out and a lot of the planning commission members I watched the meeting um were very concerned about how you would get out in the traffic flow. And I go there a lot. I'm sure a lot of our residents do. And uh I I'm I'm very concerned about uh being able to pull this off without We also got to think about not only our residents being able to get in and out, but our residents that live across the street that have to deal with that stoplight. That intersection is already really really busy and it's uh it's difficult as it is. But my concern just not as an engineer, but common sense wise, when you're pulling out right now, making a left turn or going straight across the way that it is designed in this project is practically going to be impossible. I mean, you might be able to do it, but you would probably be sitting there for a long, long, long time where you'd have cars stacking back up. And then the other option is to take a right. Some of the planning commission members brought it up. You could circle back around behind Lowe's and try to get

to that stoplight, but that stoplight is got problems. It's just you can't get it's not going to work. The other option is to go to 8th Avenue, but if most people are going to be wanting to try to go back uh south and you don't have a stoplight there. So, there's some major concerns here with this. Look, I want to see the problem solved with Chick-fil-A, too, with the existing conditions it have, but I don't want to make it worse. And in this particular case, I kind of feel like just looking at it from what I see is making it worse. But anyway,

that light you get backed up at that light as it is today. Um, and it and if we all go to um the other what is it north Gatorhole and over there near um beyond Chick-fil-A, the traffic's that's a concern. I had a suggestion of moving that entrance further down like in front of the Wild Buffalo Wild Wing. I don't know if that's possible to shut that entrance off, slide it down so you've got an easier flow to get out and it's not backing up as far. You know, I'm not an engineer either, but you know, that would be one way or a roundabout further down. Do a roundabout to get people in and out of there easier.

And Dana, there's no way I guess DOT would allow turning directly into that property off of 17. No, the the slope uh there's a tremendous drop off right there. So, a driveway off of 17 is wouldn't be practical to get into that site and DOT probably would not approve that that close to the signalized intersection. Um your points are valid. Um the traffic impact analysis submitted by the applicant. The claim uh clearly states that you know this proposed development is expected to have an in inverse impact adverse impact on the operations at this intersection and the I guess the the mitigation is to create a dedicated left turn lane 200 ft of storage which you know is quite a long storage. So, and they they fully expect [clears throat] uh long delays in the PM peak hour and the midday peak hour, which is, you know, dinner and lunch and dinner and and supper time during [clears throat] the peak peak hours. So, is even their own traffic impact analysis recognizes the same concerns you have.

And I believe the developer He can answer some of your questions. Okay. Well, be first question would be what councilwoman Mccumbi brought up. Could you move that out? You know the whatever the egress to get out down some because that makes sense maybe. I'm not sure. Good evening. My name is Steuart Anderson. I'm a civil engineer working on this project, 220 East Central Parkway, Altoont Springs, Florida, and I have my traffic engineer with us.

Yeah, I'm Andrew Eagle uh with Kimy Horn Associates. Like, like you said, the traffic engineer. Um I guess I'm I don't want to speak to anything that's more sight related of like moving a driveway down, but it's an existing driveway already. Is that what you're talking about? Yeah, it is. The existing driveway though is difficult to get out of. Now when you add Chick-fil-A there and you add thousands of more cars, it's going to be way more difficult to get out of.

This is a much bigger site than the existing site. So they can stack a lot more cars on the property. We're actually doubling the amount of stacking that we have. Um so we we're getting the cars off of the the main road and out of the shopping center and into the Chick-fil-A site. Um the problem I guess is just getting them out, but we're adding this 200 linear foot of turn lane so that if people do want to try to make the left-hand turn, they've got some room to stop. Um everybody else can still turn right and go into the shopping center and navigate their way out some other way if they want to.

The issue you're going to have is if you stand out at the exit of where your proposed Chick-fil-A is going to be, you could probably sit there and hold your breath. You you wouldn't be able to hold your breath because car is going to come by you every time. I mean, that is a very very busy intersection right there. I I drive 17 all the time and when you start to get to that stoplight, anybody in if there's 10 cars in that right lane, seven of them are taking a right into Gator Hole. Um, so no matter how much backup you have, the problem is going to be the cars just are not going to be able to get out because there's so many people coming into Gatorhole Plaza. Chick-fil-A's on the other side right now. So, everybody's kind of stopped waiting for that stoplight. So, people kind of work with each other to merge out where you don't have this that direction because they're coming off a 17 going towards Walmart. So, it's it's just a lot different from where Chick-fil-A is now to where you're proposing to put it.

Yeah. I definitely see everyone's concerns with the left turn lane. I don't like to speak in like extremes and absolutes like no one's going to be able to turn left there.

I think there's going to be some that will will sit and wait for an appropriate gap to get out. Um I think others are going to choose a different route to feel safer if um you going south it's probably 3/10en of a mile longer to to go right instead of trust turning left to get to 17 south. um going further north, it's it's a lot easier going out Ashley Loop up to 8th Avenue and and out that way obviously, but um I I do think you're going to have a little bit of of both. It's depending on on the driver and the the time of day. There's going to be sometimes it's going to be harder than others. Um but it's something that's there today. Um, and when we're doing a traffic impact analysis, we're looking at, you know, what are the conditions in the future if Chick-fil-A doesn't move, what does that look like, what is it with with Chick-fil-A and identifying those impacts. And we're really seeing, you know, it's it's difficult to turn left there now. It's going to be a little bit more difficult in the future. We're not creating the the problem. We're trying to address it as much as we can by doing a left turn lane so people can if they choose to they can sit in that left turn lane and and wait while others can get around them in the the right turn lane. I mean I it seems like a kind of a growing trend and we have it you know in coastal north shopping center where the where you have that type of intersection that is it's the proximity to highway 17 or another in Myrtle Beach uh where you're trying to get on the 501 in that area by by Best Buy and Michaels and and the Walmart that same kind of scenario where you know you're you're 50 200 feet, you know, needs 300 feet. They need, you know, more distance there. Uh and and I sat there this afternoon at around 2:00 about 20 minutes and kind of

watched the the cycle coming and going. Now, of course, keep in mind it's March. Yeah. And it's 2 o'clock in the afternoon. It's not it's not April, May, June, July,

August, and September. Um you know, we've got a couple hundred thousand guests coming here in the in the next few months. So on a daily basis. So I don't know if in in as Jerry had mentioned that you the possibility of possibly moving moving that entrance down. I I realize that you guys are know you haven't graded the problem but what we don't want to do is get to make this you know how much you know what's what's the level or percentage of making it worse. Um, you know, if there's a a way to to review this and look at it, you know, another way, I think it it would be nice to see some some kind of alternatives, you know, and granted that the existing Chick-fil-A was built way before we ever had a concept of that that you'd have dual or triple drive-thru lanes. It was a restaurant you probably went to to go and sit down and eat, not drive through as as today's society has changed. So, I'd certainly ask, you know, for y'all to come up with another some other scenarios where we can, you know, mitigate this traffic there because that lefthand turn is going to be The problem is somebody that's coming to town, they got there on Highway 17 and they're probably figuring in their mind that's the only way you can ever leave, let alone the folks that that live here full-time. Your locals may seek out those other ways, but the tourists are going to come in and come out the same way they came came in and came out.

Exactly. And creating the left lane prevents them then if they're in the left lane, it prevents them from going right if they change their mind and they sit there for 10 minutes and can't get across the road. So, I mean, talking to the landlord of the project of the project out there, I mean, I can't see why you couldn't close that entrance off and move it down. And still, they're going to have to make a left turn. But what it does is it gives them more space. There's not this lane coming in and this lane coming in right on top of that lane trying to go left. If you're further down, those people have dispersed where they're going. It gives you a little more leeway when you're trying to exit left.

I mean, I think if you move it down, it's it's the same situation. It's the same traffic volumes that are are going to be coming in. Um, you will have maybe a little bit more uh platooning of traffic and and gaps in it. Um, but we're showing that left turn queue that we've got on there is based off of our analysis of how long that that queue could reach at its maximum. Other times it's it's going to be a lot shorter than that. Obviously, um, I do think if you get into the the left turn lane and decide you want to go right, I think there would probably still be some opportunities for you to change a lane and and decide to go another way. Um, as far as the people that aren't local, I mean, if I'm in if if if I'm going to Chick-fil-A and I'm trying to get back to my hotel, I'm going to put it in my hotel and see, all right, where's it going to take me? And if I don't want to sit and turn left, I'm just going to go right and it's going to tell me where to go. So, um, you know, I think we've addressed what would be responsible of the development of, you know, we are adding traffic and we're trying to accommodate what's there. So, we've accommodated that queue of people that would be in that left turn lane.

Not not only adding adding traffic, but you're also shifting traffic, too. You're shifting traffic that normally would be going, you know, a different direction by the restaurant movement. And I do recognize that, you know, that that the existing building would not sit there, you know, inactive that at some point some another business that more likely that's driven by, you know, highway traffic would be there. Yeah. Yeah. We we left the traffic that's being generated by the existing Chick-fil-A, we left that in our analysis. So, it's accommodating, you know, what's assuming there's a two Chick-fil-A's basically there. So, in the analysis,

I got a question and this probably normal. But Dana, our chief sitting here listening to this, what is your thought on this? Because I look at it as a safety concern, too, with that many people trying to come out and take a left at that intersection. I think I kind of see it the same way you guys do. It's a lot of traffic trying to get in and out of one location and it's just going to I don't know that there's much that we could do to alleviate that issue. People get frustrated and what do they do when they get frustrated? They try to they try to go and then you got somebody that is going to t-bone. It's you know,

I'm not sure that moving the the entrance and exit would help that, right? You know, I know that they've done a traffic study. I haven't looked at it, but it's a lot of traffic getting in and out of one location. There's a lot of people that are going to be trying trying to get to Walmart. Um those businesses in that area.

The reason I suggested that, Dana, is it gives a little more space for the traffic to not back up. So, you know, the people that are on the road trying to get to the red light back up right there at that exit. So, you're going to sit there forever until all of that traffic goes by. And it might be five or six cars, but it's blocking that exit. If you move the exit further down, then that there's no there's not as much traffic backed up. Now, summertime it might be, but there's not as much, you know, there's five or six cars, you still got room to get out and get behind them. Whereas right there, you're just right on top of the intersection. What you're saying kind of say is that it would help you with reaction time. Yeah.

Because as as they're making the turn from 17 on that short distance by the time you look because there's a lot going on because you've got oncoming traffic across.

Yeah. our the simulation we did in our our traffic models looked at at what that signal does to the the intersection. Um and what you see in the the traffic models is cues will kind of queue up um waiting for the light to change and then that queue dissipates when they have the green allowing some time for for people to turn left. So there be some delay when you're you're sitting there you're almost like at a light from that left turn lane. You're you're waiting for the the other light to change and when it goes and that clears out that clears you out. So I can go in the stuck light stuck.

The only thing with that I will add is that you're when you're trying to turn left there, you also have people coming out directly opposite of you trying to also go in that direction. So that can cause and it does right now causes uh conflict and you being able to get out other people are trying to come. So if you moved it down like councilwoman Mccumbi said you wouldn't have those people competing with each other. And look I'm just bringing up ideas but um and and we've got a choice here and I don't I want to see y'all succeed. Chick glaze, you know, succeeded greatly in our city and we want to make sure and I know you're an engineer, so certainly don't want to question your ability, but I think everybody has concerns about this. So, we got an option. We can deny it, we can approve it, or we can move it to a workshop or we can pass on first read and move it to a workshop. But I'm not I'm not comfortable with passing it without some real thorough more discussions on this. Just tell you up front.

I I appreciate your concern. Um, I'm not sure Chick-fil-A has the right to move that driveway that's not actually on the lease parcel that they have. They're taking a little bit of their parcel to add to the turn lane, but to move it down would would take approvals from everybody else within the shopping center. Um, I do feel this is a bigger site. It's a better site than where they are now. Right now, they're currently backing up onto the the access drive behind, and I think that they will keep their traffic on their property with this new configuration. We've got a lot more stacking. um get the traffic off the main roads and then it they just have to take their time getting back onto the road to navigate through the shopping center to to go to the right and come around. Um I also like Andrew mentioned there's a lot of platooning going on. When that light turns green and that left turn onto 17 um dissipates, all the cars go out. There is an opening for people to to turn left out of the Chick-fil-A site into that turn lane. Uh, I was able to do that this afternoon. Um, I sat there and waited while all the cars were sitting at the red light and as soon as it turned green, they all cleared out and it opened up and there was plenty of room to make the left turn out of that TGI Friday. So, I I do think it's not as bad as as some of the some of what I'm hearing here. At peak times, yes, it's going to be bad, but I don't think that's going to be the entire time.

When did you do this traffic pattern study? When was it actually performed or when were the counts made? What what are you asking? When when was it performed actual date? Um we submitted the TIA in October I believe and didn't have any comments from staff on it. So it was performed in October in our slowest time of the year. So opposed to in our peak season where you would have get more of an accurate So counts were done I think in September and we applied a seasonal factor to those counts based off of you know peak times. the highest of the of the year. So that's accounted for.

Thank you.

Yep. And I I would say I think I would agree with y'all more of taking this to, you know, an a further step. Um, but looking at at the analysis, you know, if the analysis were showing that that signal was queuing up past the intersection and the left turns never could go and it's queuing back into the site and there's there's these humongous cues over 200 feet, over 500 ft. You know, I could definitely see, you know, there be needing some some more further mitigation there. Um, but seeing it contained within the site and not causing any internal site issues, they're able to to stack up and wait to turn left and there's other other ways to get out, other routes to go. Um, I I think this is the appropriate for for the amount of traffic that's there in the the analysis that we did.

Thank you. Thank you. Are there any other comments by council? Are there any comments by the public?

Okay, please give your name.

Menbell, 1103 Golfview Drive, North Myrtle Beach. Excited to see Chick-fil-A look at the opportunity to move, but I'm in agreement with our chief of police and city council as a resident. I live here. I live right behind this neighborhood. The road that they're talking about there currently, you make a you come off of 17, you make a left turn into Chick-fil-A. Cherry Drive. I've seen traffic back around to the stoplight waiting to make that left in the summertime. So, Councilman McGumby's assessment of doing a traffic stud won't work. I think you need two rights. You need a right and a right and a roundabout and flowing back to the light. That' be my recommendation on the project. You could do it back where Walmart comes off into uh Home Depot, but there's no way this will work.

The other part too that I thought about just sitting here is the current Chick-fil-A has two ways out, left and right. So, if you're going north, you can go left through the church and come out that way. This this design, everybody's got to come out, which the other part is, yeah, our chick plays busting at the seams, but it can only serve so many people. This chicklet is designed to get people in and out. So that means that you're going to have even more traffic coming out of this Chick-fil-A than you do.

Yeah. I mean, this is this is going to be I've seen major backlog in log jam in this area and that's going to be a tough that that's going to be backed up really 17 and like you said, people trying to make a left come out a parking lot. That's going to be a big delay. But summertime, I've seen crazy stuff. But I I don't I think this would be a safety issue for the community as a whole. And as a citizen just coming to observe the meeting, I felt like I needed to speak up on this. Thank you so much. Are there any other comments by the public? Yes, sir. Please come forward. Give your name and address. Well, he's coming forward. I think as a council, we want to see this work. Absolutely.

We want to see it work. We just need to be more comfortable with the traffic patterns. I mean, may be a reason to instead of voting it down or delaying it. Yeah, we'll get there. Sure.

Yes, sir. Madison again 3840 Parkour Avenue I ru there there is a situation there where I mean golf cart to crossson 17 every traffic light from second avenue which is really tough on up is a tough situation if there's only one way out like you say it it it become a tough deal I mean Chick-fil-A is one of our favorites we know that but as a local now and we've experienced we can't move down here knowing that it's a commercial area and it's gotten tougher over the years and it will continue to be being tougher because there's no way to expand anything but I agree that with like you said there's two way out from where you said one way out from the proposed thing.

Thank you. or any other comments by the public. Actually, if I could just make a request that we table any motions tonight to take your uh your discussion back to Chick-fil-A and to the shopping center developer and uh try to see if we can't come up with something better.

Yeah, I was going to ask you let me just make sure there's no other comments by the public. I was going to ask you how you would like us to proceed. Are there any other comments by the public? Okay, hearing none. So now, um, I was going to ask you, do you want us to vote on this? It doesn't look like it'd be very favorable right this minute. Um, or we got two options, and that's up to council, the majority of council, we could we could table it and get to a workshop. That's probably where we ought to go. I think everybody wants to make this work. We just got to get it where we know that we're not going to end up with a nightmare after we make this decision. And then we regret that we made it. So, we got to somehow get uh on a comfort level to where we can vote and and get make this work.

Yeah, I think that makes some of sense. Okay. So, who made the motion?

So, I'd like to offer my motion to table this and uh take it to a workshop. Okay. Second. So, we have a first and a second to make amendment to the motion. All in favor say I. I. All against. Eyes have it. Thank Thank you for your information. Yes. Thank you so much. We will move into item F, ordinance first reading, amendment to the Barefoot Resort Development District PDD revising year rear yard setbacks and Tusken Sands. Is there a motion to approve? So move. Any comments by council?

Yeah. Um, I've I've studied this and I' and I've had some correspondence with the um a member of the board on this particular one. I just, you know, I think it would be one thing if it was coming to us from um from the board of the community of the HOA there, that particular HOA, uh opposed to a single owner. And I and I I acknowledge their right to go ahead and bring that to us or his right to bring it to us. But, you know, based on that and looking at the overheads from the aerial um on the gas. I'm just really not comfortable doing this just for one one particular home site. I I rode my bike through there on Saturday or Sunday and you kind of look through the neighborhood and just kind of looking at the setbacks and and here again I did the same thing with on the GIS from above. But I I'm I'm just not I'm just not thinking that it it makes sense at least doesn't make sense for me to move forward with this.

I own this. So, Mr. Russo, and I don't know if he's in the audience tonight or not. I never met him. He just emailed me. But uh he so he reached out to me by email with uh he had gone to the BCA board and the BCA had asked him to to pull his item and go to council to see about getting a ordinance change which he also had a ARC documentation of approval which I know every HOA can be different but in our HOA the board elects the ARC to make decisions for their community. So when I saw that approval, I assumed the community was good. Maybe that was my fault for just assuming. So I then got him with Suzanne to start the process. And like stuff seems to work out a lot as the process starts, you realize that the community wasn't in favor. So there for that, for me, it's hard for me to make a decision for something that I know that community and the people being affected by the majority are not okay with that decision. So therefore, I I can't support it. So I do apologize to Mr. Russo if he is out here. Um I just from the information I had through those current emails, that's where I came to that decision.

I'm not going to keep repeating, but I agree with with Fred and Greg. Yeah, I I've got received several phone calls and emails and I didn't realize when this was on the agenda, but over the weekend I also reached out to some people too, but a lot of people reached out to me and they were not in favor of this um and they had a vote um by the where they asked the the neighbors in that community to vote and the majority voted against it and that would be hard for me to go against the community. I agree. Yeah. Are there any other comments by council? Are there any comments by the public?

Patricia Nent and I live at 2209 Dia Palama Drive. I'm the vice president of the HOA. Um I am in agreement with everything that the council just said. We were caught unawares that Mr. Russo was going to continue to pursue this. We had met with him at his house two weeks ago and we had explained to him that we were not in favor of amending our PDD to accommodate a three-foot setback only on the homes that face the golf course for lenai because it would only impact one individual and that would be Mr. Russo. No other homes on the golf course are faced with this situation. they can build a lenai and not be within the 10- foot setback. Um, we did present it to the community. We were trying to be fair. Um, in our community, we have 108 homes. Out of the 108 homes, we require a twothird majority to amend. We got 49 yes votes. We needed 72. Therefore, it was the board's decision not to move forward with the amendment that we were not going to reach out to the city council and ask them to put this on their docket.

Let me ask a can I ask a question? Um, did uh Oh gosh, I just lost my train of thought again. [laughter] That's okay. Um, when you guys did this, did uh how many was the was Let me back up. architecture review board, the arc, when they looked at the project and they approved it. Did they go back? No, the art committee did not approve it. Okay. So, I am a liaison for the art committee. So, what had happened is we had told him that it was within the 10-ft setback.

Then the next process is you appeal to the board. Three out of the five board members said that if Mr. Russo could get a variance from the city planning commission based on hardship that they would go ahead and honor that. When we went to the city planning commission, it was stated that hardship is attached to the land, not to safety issues. That Mr. Russo was aware that there was a golf course there. the golf course was pre-existing. He should have known that there was going to be potential for errant golf balls to be coming into his yard. So that at that meeting the city council commission said that what would have to happen is the HOA would need to appeal to the city council and ask them directly for I don't know how to put it that to change our setback from 10 feet to 3 feet. We did not feel comfortable as a board doing that without the input of our community. Our community we put it to a vote. I think we should honor our community's vote. AB:

Absolutely. But we were under the impression um Councilman Skidmore was under the impression letter that we have right here from y'all's arc board approving the conditions. And look, I'm not going to argue with anybody on it. But what I will say is if this had have been permittable and not something that he needed a variance from the BZA board or from council, he would have gone to the building department, pulled a permit to build this lai and provided this letter right here that says he's approved by the ARC and he'd have had it constructed by the time y'all even realized what was going on. Fortunately, he couldn't do it by just going and applying for a permit. So that that's why when I saw this and saw the approval,

I didn't think anything else of it. Okay, I understand. But it is a permanent. I think that's what he was we were trying to argue is was it a permanent structure? Is it considered to be a permanent structure? I did the research. North Myrtle Beach definitely considers lenai to be permanent structures. Right. Thank you. Are

there any other comments for the public? Yeah, Rick Rush, uh, 21109 Mirabil Court. I I just wanted to say I'm opposed to this also, and I hear from a lot of people in Tuscan Sands. I'm not on the board of directors anymore, but I was the president for eight years. Back in 2017, the setback in Tuscan Sands was 20 ft and somebody wanted to change it to 10 feet. What we did then was we acted responsibly. We took a vote of everybody in the neighborhood. 108 lots, whether there was a house on them or not, you had a vote and we needed 72 votes for it to pass. We had 94 votes. We worked with the planning commission. We came to the city council. We did a whole bunch of paperwork. We got all that passed. Um, this board did almost exactly the same thing. They went to the people and they asked. They only have 31 votes in favor of they need 72. Um there's a great man who once said the needs of the many outweigh the needs of the few. And um the situation that he's complaining about with the golf balls in his backyard, he created that situation himself because we had a line of trees along the golf course and he took them down. Now it's open. And there are other alternatives for preventing golf balls. Maybe a net or something like that. I don't want to tell them what to do, but um most of the people in Tuscan Sands that have called me or as a matter of fact, everybody who's called me on it is opposed to this.

Thank you. Thank you. Are there any other comments for the public? Hearing none, we'll take our vote. All in favor say I. All against nay. Nay.

Nays have it. We will move into Item eight, which is public comment. If anybody would like to address council, please come give your name and address. And we have a threem minute time limit. Uh Damen Trielair, uh 902 Baron Drive. Um just want to um first of all just say that I'm I'm very proud to be in in this city. Um, sorry I'm emotional a little bit, but um, I'm very thankful and proud to be in the city and to hear you guys work as a team. You've had a great team and you listen to each other and yes, Jay is the mayor, but he runs the city now in a way that everyone tonight spoke that I've run construction teams. I run counseling teams in Brunza County. The fact that you all have a strong voice that makes our city way better. And um also I think your team was great and now we've got Melissa on board. Congratulations. Um because I I got to know Melissa a little bit when she was running because I didn't know her at all and found out she does a lot of good service work and she is an extremely good listener. as head of Rotary Club. And so I just I'm very excited and I think you guys are going to do some really good things that's going to affect this history of the city for generations. I really feel like um you know my thing is about preserving land. So we'll hope we we'll do some good stuff preserving working together to preserve land. but also how

you guys this, you know, this turning lane thing, the care that you put into that. It looked like a small little thing, but you guys put a lot of care tonight discussing that. And also, you listen to the folks here from u over at Barefoot and I think that's good representation too to listen to your citizens. So, I just I'm all with you guys. Thank you. Thank you. Are there any other comments by the public? Hearing none, I will need a motion to move into executive session. So moved.

I've got to tell what we're meeting about. Um item A is a legal briefing regarded regarding David J. Mason individually and as class as class representative V town of Surfside, South Carolina CN MB and P2 of South Carolina LLC DBA Pivot Parking Supreme Court case 20125-0000102 and item B is a discussion regarding a potential appointment to the accommodations tax committee. So moved. Second. All in favor say I.

So council is going to move into executive session and then we'll adjourn the meeting when we're done.

So, council met in executive session. No votes were taken. I need a motion to adjurnn. Motion there. Second. Second. All in favor say I. I.