MINUTES  7/23/2024    July 23, 2024  The regular meeting of the City Council of the City of Fairmont was held at: 7:00 p.m. on the 23rd day of July, 2024, at the Public Safety Building located  at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk.  Councimembers present were:  Second District: Third District Fourth District Fifth District Sixth District Seventh District Eighth District Ninth District Absent: First District Also present were: City Manager City Attorney City Clerk Planning Director Finance Director IN RE:  Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Charles (Chuck) Warner Gia Deasy Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum.  Joshua D. (Josh) Rice  Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait Priscilla Hamilton  Communications Manager David Kirk  EXCUSE COUNCILMEMBER RICE  The Mayor made a motion to excuse Councilmember Rice from tonight's meeting. The motion was seconded by Councilmember Warner. The Mayor declared Councilmember Rice excused from tonight's meeting by  voice vote of Council.    IN RE:  OPENING CEREMONIES  Pastor Jeff Benedict, of the Union Rescue Mission, gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember McDaniel.  IN RE:  PROCLAMATION PRESENTED  Mayor Bolyard presented a proclamation to Lt. Sam Murray with the Fairmont Police Department in honor of the National Night Out event to be held on Tuesday, August 6th. Lt. Murray invited everyone. to attend the event.  APPROVAL OF MINUTES  Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on July 9, 2024. She asked if there Councimember McDaniel moved to approve the minutes as submitted. The The Mayor declared the minutes approved as submitted by voice vote. of  were any corrections; deletions, or amendments. motion was seconded by Councilmember Nuzum.  Council.  PUBLIC HEARINGS  IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DRIVE-THROUGH FACILITIES CONDITIONALLY PERMITTED IN MAIN CORRIDOR COMMERCIAL DISTRICT, AND MAKE RESTAURANT WITH ALCOHOL SALES CONDITIONALLY PERMITTED IN NEIGHBORHOOD MIXED Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 of the Zoning Districts of the Planning and Zoning Code to make drive-through facilities conditionally permitted in Main Corridor Commercial District and make restaurant with alcohol sales conditionally The Mayor asked if anyone present desired to speak to the proposed  USE  permitted in Neighborhood Mixed Use.  ordinance.  2    Shae Strait, Director of Planning, spoke in favor of the proposed ordinance. He said on this item, and the next three items on the agenda, they were forwarded with favorable unanimous recommendation to City Council. These are the amendments to the Zoning Code that were brought forward as concerns from citizens of the West End neighborhood and surrounding area. He said that he believed that we have crafted some good, well-balanced, adjustments to the Zoning Code to hopefully deal with some of those concerns while also supporting both residents and businesses in the neighborhood. He noted that he was in favor of this item as well as the next three items on the Jack Kirby, a resident in the West End neighborhood, spoke in favor of the proposed ordinance. He said the property that caused the whole thing to come forward was when #1 Jo Harry Drive went up for sale as Main Street Commercial. He said he lives at #2 Jo Harry Drive, right across the street. He said they want to encourage development and commerce and small businesses in our neighborhood; however, we do not want to do that at the expense of the neighborhoods that we have within the city limits. He went on tos say that we have a unique character in Fairmont where you can be on Fairmont Avenue and walk off a quarter and be in one of the wel-established neighborhoods that he thought needed to be preserved. He asked Council to preserve both and he sees them complimenting one another.. He closed by saying that he was in full support of the changes that are being brought Councimember Deasy thanked Mr. Kirby and the neighborhood for coming before Council and the Planning Commission and thanked him for getting it on There being no one else to speak, the public hearing was called to a close at  agenda.  forward.  the agenda. 7:10 p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS, AND MORE PARTICULARLY SECTION 3.7 MAIN CORRIDOR COMMERCIAL, OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR LOT STANDARDS FOR CIVIC USES, INCREASE MAXIMUM FRONT YARD SET BACKS TO 90 FEET FOR COMMERCIAL AND CIVIL DEVELOPMENTS, REQUIRE VEHICLE ACCESS IN SUCH A WAY AS TO REDUCE ITS IMPACTS ON ADJACENT RESIDENTIAL DISTRICTS, AND CREATE A 25-FOOT REAR AND SIDE YARD REQUIREMENT IN CERTAIN  CIRCUMSTANCES; SAVINGS CLAUSE  3    Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 of the. Zoning Districts, particularly Section 3.7 Main Corridor Commercial, of the Planning and Zoning Code to provide for lot standards for civic uses, increase maximum front yard setbacks to 90 feet for commercial and civil developments, require vehicle access in such a way as to reduce its impacts on adjacent residential districts and create a 25-foot rear The Mayor asked if anyone present desired to speak to the proposed There being no one to speak, the public hearing was called to a close at 7:12  and side yard requirement in certain circumstances.  ordinance. p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO CREATE BUFFER YARD AND SCREENING REQUIREMENTS FOR CERTAIN COMMERCIAL USES, CERTAIN REQUIREMENTS AND RESTRICTIONS FOR DRIVE-THROUGHS, AND SITE PLAN REQUIREMENTS FOR RESTAURANT WITH Pursuant to a notice duly published in the, Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 4.0, Use Standards; of the Planning and Zoning Code to create buffer yard and screening requirements for certain commercial uses, certain requirements and restrictions for drive-throughs, and site plan The Mayor asked if anyone present desired to speak to the proposed Councilmember McDaniel asked if all three ordinances take care of the  ALCOHOL SALES  requirements for restaurant with alcohol sales.  ordinance.  situation at Jo Harry Drive. Mayor Bolyard replied correct.  There being no one else to speak, the public hearing was called to a close at  7:14 p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE5.0 STIESTANDARDSAND MORE PARTICULARLY SECTION 5.5 LANDSCAPING REQUIREMENTS TO PROVIDE  4    FOR MINIMUM SPACING BETWEEN DECIDUOUS TREES, REMOVE REDUNDANCIES, AND PERMIT PEDESTRIAN PATHS IN TYPE-E BUFFER YARDS, Pursuant to a notice duly published in the Times-West Virginian on July: 12, 2024, a public hearing was convened to obtain citizen input on an: ordinance amending Article 5.0 Site Standards, particularly Section 5.5 Landscaping Requirements, to provide for minimum spacing between deciduous trees, remove redundancies, and permit pedestrian paths in Type-E buffer yards. The Mayor asked if anyone present desired to speak to the proposed. There being no one to speak, the public hearing was called to a close at 7:15  CLARIFICATIONS  ordinance. p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDSAND MORE PARTICULARLY SECTION 5.6 LOT STANDARDS, TO PROVIDE FOR THE RELOCATION OF CERTAIN MINIMUM LOT STANDARDS TO ARTICLE 7 OF THIS ZONING CODE, AND TO PROVIDE FOR CERTAIN STANDARDS FOR LOTS Pursuant to a notice duly published in the Times-West Virginian on July: 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 of the Site Standards, particularly Section 5.6 Lot Standards, of the Planning and Zoning Code, to provide for the relocation of certain minimum lot standards to Article 7 of this Zoning Code and to provide The Mayor asked if anyone present desired to speak to the proposed Shae Strait, spoke in favor of this ordinance and the next item on the agenda. He said this ordinance was voted favorably with unanimous recommendation to come forward to Council for approval. He mentioned that this item and the next item will alleviate a lot of time and financial burden on many property owners and allow them. to divide and merge their property much easier within There being no one else to speak, the public hearing was called to a close at.  UNDER SINGLE OWNERSHIP  for certain standards for lots under single ownership.  ordinance.  the city. 7:17 p.m.  5    IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE MINOR SUBDIVISION APPROVAL FOR ALREADY PLATTED LOT VIA DEED, AND TO ADD MINIMUM LOT STANDARDS TO THIS ARTICLE; Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 7.0 Subdivision Regulations, of the Planning and Zoning Code, to accommodate minor subdivision approval for already platted lot via The Mayor asked if anyone present desired to speak to the proposed There being no one to speak, the public hearing was called to a close at 7:18  SEVERABILITY; SAVINGS CLAUSE  deed, and to add minimum lot standards to this Article.  ordinance. p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 113, PURCHASING AND DISPOSITION OF PROPERTY, OF THE FAIRMONT: CITY CODE, TO PROVIDE FOR PROHIBITED CONTRACT CLAUSES TO BE CODIFIED AS SECTION 113.05 OF Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending and supplementing Article 113, Purchasing and Disposition of Property, to provide for prohibited contract clauses to be codified as Section The Mayor asked if anyone present desired to speak to the proposed There being no one to speak, the public hearing was called to a close at 7:19  SAID ARTICLE.  113.05 of said Article.  ordinance. p.m.  ANNOUNCEMENTS  IN RE:  MISCELLANEOUS ANNOUNCEMENTS  counciimember Moran made the following announcements:  The Arts and Humanities Commission will be having a variety show to celebrate 40 years of giving out Arts and Humanities awards to folks in    the community. It will take place at Wallman Hall Theater at FSU, The next Cultivate work shop will be on August 8th at Windmill Park at Connecting Link is having a blood drive on Wednesday, July 31st from noon until 5:00 p.m. at Fleming Memorial Church Fellowship Hall.  August 3rd at 7:30 p.m.  5:30 p.m.  IN RE:  PLAYGROUND EQUIPMENT  Councimember Garcia asked when the playground equipment will be installed Mr. Blosser replied that he will get a date for the installation of the equipment.  at Windmill Park.  IN RE:  IMMUNIZATION OF SCHOOL CHILDREN  Councimember Deasy made a reminder that children need immunizations to enroll in public schools and 7th and 12th graders are also required to have  immunizations. IN RE:  MISCELLANEOUS ANNOUNCEMENTS  Mayor Bolyard made the following announcements:  The Rescue Mission. Run for Recovery that was held last Saturday was a 5K and 2K and this was the most participants that they have had in the Congratulations to Fire Captain Mark Angelucci on his retirement after Congratulations to Lt. Kevin Welty for 24 years of service to the Congratulations to Lt. Bob Sliger for 24 years of service to the Fairmont Congratulations to Priscilla Hamilton, Finance Director, for 34 years of Congratulations to Sgt. Adrian Hayhurst for. 21 years of service in the Starting August 1st, Chief Steve Shine will be starting 29 years of service National Night Out will be held on August 6th from 6:00 p.m. to 8:30  past 15 years. 35 years of service. Fairmont Fire Department. Fire Department.  service in the Finance Department.  Police Department.  to the City of Fairmont Police Department. p.m. at the Veterans Square.  CITIZENS PETITIONS  There were no citizens petitions for this meeting.  7    CITY MANAGER'S REPORT  Mr. Blosser. reported the following items:  Mr. Blosser appointed two new police officers that will be starting on August 5th and heading to the Academy on August 12th. The next police officer written exam will be held on Monday, September 16th at 6:30 p.m. We still have vacancies within our department. The Norwood Park bid opening will be held this Friday.  IN RE:  MARION COUNTY HUMANE SOCIETY PRESENTATION  Abby Hohn, with the Marion County Humane Society, presented City Council with a Community Approach to Community Cats presentation. Other people from the Humane Society were also present. A copy of the presentation was  distributed to each Councilmember prior to the meeting.  She went over the following: What are community cats Where do community cats come from Trap-Neuter-Retumn What can we do as a community Coping with community cats as a nuisance Being good caretakers and neighbors How the Marion County Humane Society contributes What can the Fairmont City Council do  Help. educate the public about the importance of spay- Allocate funding to a community cat spay and neuter fund Form a TNR committee with community partners Purchase humane traps to create a trap library that the Sponsor a "free feral day" for Fairmont residents at SNIP  neuter  Endorse rap-neuter-return Enact a TNR ordinance  public can borrow or rent traps from  WV  Mr. Blosser suggested that regarding the requested ordinance, he had a conversation with our City Attorney, if this is something that Council would want to pursue, instead of it being an ordinance, it would be a resolution seeing how it would be a PR component of saying that City Council has designated that you should take these opportunities to do spay and neuter without it being a forced requirement with fines and penalties. He thought a resolution was more in order to outline some of the same things that would  8    be within the ordinance.  CONSIDERATION OF COUNCIL BUSINESS  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRIC7S OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DRIVE-THROUGH FACILITIES CONDITIONALLY PERMITTED IN MAIN CORRIDOR COMMERCIAL DISTRICT, AND MAKE RESTAURANT WITH ALCOHOL SALES CONDITIONALLY PERMITTED IN NEIGHBORHOOD MIXED  USE.  The City Clerk read the proposed ordinance by title.  Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 3.0 of the Zoning Districts of the Planning and Zoning Code to make drive-through facilities conditionally permitted in Main Corridor Commercial District and make restaurant with alcohol sales conditionally  permitted in Neighborhood Mixed Use.  Motion:  Councimember Deasy moved for the adoption of the proposed ordinance.  Councimember Sole seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2034 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS; AND MORE PARTICULARLY SECTION 3.7 MAIN CORRIDOR COMMERCIAL, OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR LOT STANDARDS FOR CIVIC USES, INCREASE MAXIMUM FRONT YARD SET BACKS TO 90 FEET FOR COMMERCIAL AND CIVIL DEVELOPMENTS, REQUIRE VEHICLE ACCESS IN SUCH A WAY AS TO REDUCE ITS IMPACTS ON ADJACENT RESIDENTIAL DISTRICTS, AND CREATE A 25-FOOT REAR AND SIDE YARD REQUIREMENT The City Clerk read the proposed ordinance by synopsis for the first time.  IN CERTAIN CIRCUMSTANCES; SAVINGS CLAUSE.  9    Mayor Bolyard entertained a motion for the. adoption of an ordinance amending Article 3.0 of the Zoning Districts, particularly Section 3.7 Main Corridor Commercial, of the Planning and Zoning Code to provide for lot standards for civic uses, increase maximum front yard setbacks to 90 feet for commercial and civil developments, require vehicle access in such a way as to reduce its impacts on adjacent residential districts and create a 25-foot rear  and side yard requirement in certain circumstances.  Motion:  Councimember McDaniel moved for the adoption of the proposed ordinance.  Councilmember Deasy seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance. adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2035 was duly adopted.  IN RE:  ADOPTION, AN. ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO CREATE BUFFER YARD AND SCREENING REQUIREMENTS FOR CERTAIN COMMERCIAL USES, CERTAIN REQUIREMENTS AND RESTRICTIONS FOR DRIVE-THROUGHS, AND SITE PLAN REQUIREMENTS FOR RESTAURANT WITH The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 4.0, Use Standards, of the Planning and Zoning Code to create. buffer yard and screening requirements for certain commercial uses, certain requirements and restrictions for drive-throughs, and site plan  ALCOHOL SALES.  requirements for restaurant with alcohol sales.  Motion:  Councilmember Deasy moved for the adoption of the proposed ordinance.  Councilmember Moran seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2036 was duly adopted.  10    IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE5.0. SITE STANDARDS AND MORE PARTICULARLY SECTION 5.5 LANDSCAPING REQUIREMENTSTO PROVIDE FOR MINIMUM SPACING BETWEEN DECIDUOUS TREES, REMOVE REDUNDANCIES, AND PERMIT PEDESTRIAN PATHS IN TYPE-E BUFFER YARDS, The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards, particularly Section 5.5 Landscaping Requirements, to provide for minimum spacing between deciduous trees, remove redundancies, and permit pedestrian paths in Type-E buffer yards.  CLARIFICATIONS.  Motion:  Councimember Nuzum moved for the adoption of the proposed ordinance.  Councimember Sole seconded the motion. Roll call was taken: by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2037 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.6 LOT. STANDARDS, TO PROVIDE FOR THE RELOCATION OF CERTAIN MINIMUM LOT STANDARDS TO ARTICLE 7 OF THIS ZONING CODE, AND TO PROVIDE FOR CERTAIN STANDARDS FOR LOTS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 of the Site Standards, particularly Section 5.6 Lot Standards, of the Planning and Zoning Code, to provide for the relocation of certain minimum lot standards to Article 7 of this Zoning Code and to provide  UNDER SINGLE OWNERSHIP.  for certain standards for lots under single ownership.  Motion:  Councimember: Nuzum moved for the adoption of the proposed ordinance..  Councilmember Sole seconded the motion.  11    Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2038 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE MINOR SUBDIVISION APPROVAL FOR ALREADY PLATTED LOT VIA DEED, AND TO ADD MINIMUM LOT STANDARDS The City Clerk read the proposed ordinance by synopsis for the first time, Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 7.0 Subdivision Regulations, of the Planning and Zoning Code, to accommodate minor subdivision approval for already platted lot via  TO THIS ARTICLE; SEVERABILITY, SAVINGS CLAUSE.  deed, and to add minimum lot standards to this Article.  9otion:  Councimember Garcia moved for the adoption of the proposed ordinance.  Councilmember Sole seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2039 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 113, PURCHASING AND DISPOSITION OF PROPERTY, OF THE FAIRMONT CITY CODE, TO PROVIDE FOR PROHIBITED CONTRACT CLAUSES TO BE CODIFIED AS The City Clerk read the proposed ordinance. by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending and supplementing Article 113, Purchasing and Disposition of Property, to provide for prohibited contract clauses to be codified as Section  SECTION 113.05 OF SAID ARTICLE.  113.05 of said Article.  Motion:  12    Councimember: Sole moved for the adoption of the proposed ordinance.  Councilmember Moran seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2040 was duly adopted.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code to redefine Junkyard as Junkyard or Salvage Centers.  JUNKYARD AS JUNKYARD OR SALVAGE CENTERS  Motion:  Councilmember Deasy moved for the introduction of the proposed ordinance.  Councilmember McDaniel seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.4 PARKING TO CREATE MAINTENANCE STANDARDS FOR DRIVEWAYS AND PARKING LOTS, AND TO CREATE REGULATIONS AND The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 5.0 Site Standards; particularly Section 5.4 Parking, of the Planning and Zoning Code, to create standards for driveways and parking lots and to create. regulations and standards for parking on Landscaped Areas.  STANDARDS FOR PARKING ON LANDSCAPED AREAS  Motion:  13    councimember Nuzum moved for the introduction of the proposed ordinance.  Councilmember Sole seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENT TO REPEAL AND REPLACE CERTAIN REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10ACCESSORY BUILDINGS AND STRUCTURES TO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 5.0 Site Standards, particularly Section 5.9 Refuse Containment and Mechanical Equipment, of the Planning and Zoning Code, relating to garbage and refuse container enclosures and Section 5.10 Accessory Buildings and Structures, to permit accessory structures in certain  UNDER THE CIRCUMSTANCES AS DESCRIBED  yards. Motion:  Councimember McDaniel moved for the introduction of the proposed  ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE CHILD CARE CENTER, CHILD CARE FACILITY, AND CHILD CARE HOME AS DAY CARE CENTER, DAY CARE FACILITY, AND DAY CARE HOME, RESPECTIVELY The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning, Code, particularly Section 2.2, to redefine Child Care Center, Child  14    Care Facility and Child Care Home as Day Care. Center, Day Care Facility and  Day Care Home. Motion:  Councilmember Nuzum moved for the introduction of the proposed ordinance..  Councilmember Deasy seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DAY CARE FACILITY A PERMITTED USE IN NEIGHBORHOOD MIXED USE (NMU) DISTRICT; AND MAKE CHILD CARE CENTER CONDITIONALLY PERMITTED The City Clerk read the proposed ordinance by: synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to make Day Care Facility a permitted use in Neighborhood Mixed Use and make Child  THEREIN  Care Center conditionally permitted.  Motion:  Councimember Nuzum moved for the introduction of the proposed ordinance..  Councilmember Deasy seconded the motion.  The Mayon declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE4.0USE. STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING AND MORE PARTICULARLY SECTION 4.7 DAY CARE BUSINESSES TO MODIFY THE USE STANDARDS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance  RELATING THERETO  15    amending Article 4.0. Use Standards of the Planning and Zoning Code, particularly Section 4.7 Day Care Businesses; to modify the Use Standards  relating thereto. Motion:  Councilmember Garcia moved for the introduction of the proposed ordinance.  Councimember McDaniel seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing for the public auction of surplus personal property of the City of  Fairmont. Motion:  Councilmember Nuzum moved for the introduction of the proposed ordinance.  Councilmember Moran seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST  VIRGINIA, NAMELY: CERTIFICATION # 2023-C-000031 2023-C-000038 2023-C-000080 2023-C-000095  DESCRIPTION  LT CLEVELAND AVE, FAIRMONT FAIRMONT CORP BLK BLT 2 WALNUT AVE (PLAT 59-A-E), FAIRMONT LT 24A FENNIMORE ST (PLAT 743-162,FAIRMONT BLK 51 LT 1 WATSON AVE (PLAT 509-485),  FAIRMONT CORP FAIRMONT CORP  16    FAIRMONT FAIRMONT CORP FAIRMONT CORP  2023-C-000097 2023-C-000103 2023-C-000105 2023-C-000140 2023-C-000141 2023-C-000154 2023-C-000185 2023-C-000186 2023-C-000199 2023-C-000200  BLK 6 LT 4 CLIFF AVE (PLAT /1-302FAIRMONT PTI LT HIGH ST, FAIRMONT FAIRMONT CORP LT MONROE ST, FAIRMONT FAIRMONT CORP PT LS 25-26 HOWARD ST, FAIRMONT FAIRMONT PT LT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP BLK 20 LOT 2 ELK AVE (PLAT 424-351), FAIRMONT 12701 SQFT OR 0.3014 AC HAYMOND ST, PT LT STEVENS ALLEY, FAIRMONT UNION CORP LOT 32 OREGON AVE, FAIRMONT WINFIELD CORP LOT 31 OREGON AVE, FAIRMONT WINFIELD CORP  CORP  FAIRMONT CORP FAIRMONT UNION CORP  BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASER(S) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing for and authorizing the purchase of certain parcels of real estate  RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION.  situate in the City of Fairmont.  Motion:  Councimember Deasy moved for the introduction of the proposed ordinance.  Councimember Sole seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING,  17    APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF THAT CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY THE POTABLE WATER STORAGE TANKS COATING, REPAIR AND MODIFICATION PROJECT, TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance approving the coating, repair, and modification to the potable water storage  CONNECTION THEREWITH.  tanks to be funded from the City of Fairmont's ARPA Funds.  Motion:  Councimember McDaniel moved for the introduction of the proposed  ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for August 13, 2024.  IN RE:  ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO  THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution providing  for a General Fund Budget Revision.  Motion:  councimember: McDaniel moved for the adoption of the proposed resolution.  Councimember Nuzum seconded the motion.  Roll call was taken by the Clerk.  The Mayor declared the. resolution adopted by unanimous vote of Council. FAIRMONT APPROVING THE FORM OF THAT CERTAIN SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND: THE BOARD OF EDUCATION FOR THE COUNTY OF MARION AND  IN RE:  ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF  18    AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER THE AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the form of the School Resource Officer Program Agreement by and between the City of Fairmont and the Marion County Board of Education.  Motion:  Councilmember: Deasy moved for the adoption of the proposed resolution.  Councilmember Sole seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the resolution adopted by unanimous vote of Council.  ADJOURNMENT  The Mayor entertained a motion for adjournment.  Motion:  Councilmember Sole moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 8:09  seconded by Councimember McDaniel.  p.m.  19