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HomeMy WebLinkAbout1988-08-16 MinutesPia. V 1 MINUTES OF A CITY BOARD MEETING A regular meeting of the Fayetteville City Board of Directors was held on Tuesday, August 16, 1988 at 7:30 p.m. in the Directors' Room of the City Administration Building at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Johnson; Directors Marinoni, Hess, Lancaster, Martin and Kelley; City Manager. Pennington, City Attorney McCord, City Clerk McWethy, members of the staff, members of the press and audience. ABSENT: Director Bumpass CALL TO ORDER Following a moment of silence, the Mayor called the meeting to order with five 261. Directors present. Director Marinoni arrived shortly after roll call. CITY MANAGER'S REPORT The City Manager presented a report to the public dnd Board for the month of 261. July, beginning with a financial summary. Written report had been distributed to Directors and is on file in the City Clerk's Office. He reported that negotiations were continuing with Warner Cable. He said the City recently submitted a proposal to Warner. Pennington said the committee hoped to have an agreement reached within a month, so a recommendation .._can .be_made-to the Board and so that public hearings can begin. Reporting on the Arts Center project, Pennington said the architect was 261. instructed to complete demolition plans for the site, and specifications have been submitted to the City and University. Pennington reported the engineers estimate the Wastewater Treatment Plant project 261. to be 99% complete. He said the plant was on-line and operating, with some "punch list" items remaining-. He said there would be a dedication ceremony for the plant sometime in September. Pennington reported the sludge management contractor had effectively left the site but neither the engineer nor the City feels the project is complete. He said a contract completion system is in the process of being negotiated between CH2M Hill and the bonding company. Pennington reported that the City staff will present a proposal to the Board next 261. month for the establishment of a recycling program He said the staff had taken every bit of information which was provided to it, attended national conferences and received good advice from all over the country, and all advice indicated the best thing to do would be to start a pilot program Pennington said he thought the program would start around the first of next year. 62.1 August 16, 1988 Pennington advised the Board that the traffic light to be installed at Gregg and North had been delayed because an accident in another part of time made it necessary to use the new controller at the location of the accident. He said that project should be completed in the very near future. ;62.2 Pennington reported on the traffic light and intersection improvement project for Township and Old Wire Road. He said the engineering work for construction has been completed. He said the utility companies understandably do not wish to do any relocation of major lines during the extremely hot weather. He said this project which was scheduled for early Spring will not be completed until late Fall. !62.3 !62.4 !62.5 CONSENT AGENDA The Mayor introduced the consent agenda which included the following items: Minutes of the August 2 and 9, 1988 Board meetings; Acceptance of donation of land from Bryan and Sarah Walker, located adjacent to Walker Park, west of S. Block Avenue, south of 7th Street and northeast of the Naval Reserve Center; RESOLUTION NO. 62-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK !62.6 Award of Bid No. 862 for a contract for a water system leak detection survey, to the low bidder, Water Loss Survey of Stratford, Iowa, bidding $8,955; !62.7 Approval of funding for the City's share of improvements to Masonic Drive, with $11,000 to be appropriated from remaining funds from the Sequoyah Bridge rehabilitation project, and with the developer's share to be approximately 40% while the City share is estimated to not exceed $11,000. •62.8 It was moved by Director Kelley and seconded by Marinoni to approve the consent agenda. Upon roll call, the motion passed, 6-0, with Director Bumpass being absent. ASSESSMENTS/WEDINGTON SEWER IMPROVEMENT DISTRICT !62.9 The Mayor introduced an ordinance assessing the value of benefits to be received by property located within the Wedington Drive Sewer Improvement District No. 1, due to the construction of a sewer collection system. Rick Osborne, Attorney for the District, was present. '62.10 The City Attorney read the ordinance for the first time. Director Hess, seconded by Martin, made a motion to suspend the rules and place the ordinance on its second reading. COBS August 16, 1988 Director Marinoni stated that, since he was a member of the district and one of 263. the original directors lof the district, he would abstain from voting. Upon roll call, the motion passed, 5-0-1, Marinoni abstaining. The City Attorney read the ordinance for the second time. Director Hess, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 5-0-1, Marinoni abstaining. The ordinance was read for the third time. The Mayor asked if anyone wished to speak against the ordinance. There being no 261 public opposition expressed, upon roll call, the ordinance passed, 5-0-1. ' ORDINANCE NO. 3368 APPEARS ON PAGE 34 OF ORDINANCE AND RESOLUTION BOOK xr.(� REZONING/R88-11 The Mayor introduced an ordinance rezoning 10 acres located at the southwest- 263. corner of Highway 16 East and Hunt Lane, petition submitted by Vonda M. Rogers Wright, from A-1 "Agricultural" to R-1 "Low Density Residential." She reported the Planning Commission, at a hearing on August 8, recommended approval, 6-0. She reported the Planning Consultant, Larry Wood, also recommended approval. The City Attorney read the ordinance for the first time. Director Marinoni, 263. seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Marinoni, seconded by Lancaster, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read forthe third time. The Mayor asked if anyone wished to speak against the ordinance. There being no 263. public opposition expressed, upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3369 APPEARS ON PAGE 436 y OF ORDINANCE AND RESOLUTION BOOK XX(V REZONING/R88-12 The Mayor introduced an ordinance rezoning .46 acre located east of North 54th 263. Street, approximately 500' south of County Road 667, or 4/10 of a mile south of Highway 16 West. She reported the changed requested by the petitioner, LaRue R. Mabry, was from A-1 "Agricultural" to R-1 "Low Density Residential." She reported the Planning Commission, at their August 8 hearing, recommended approval, 6-0, and that the Planning Consultant recommended approval as well. The City Attorney read the ordinance for the first time. Director Lancaster, 263. seconded by Marinoni, made a motion to suspend the rules and place the ordinance August 16, 1988 !64.1 on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Lancaster, seconded by Marinoni, made a motion to suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. !64.2 ?64.3 The Mayor asked if anyone wished to speak against the ordinance. No public opposition was expressed and, upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3370 APPEARS ON PAGE 3 G b OF ORDINANCE AND RESOLUTION BOOK XX/ V EASEMENT VACATION/2820 INWOOD LANE The Mayor introduced a request for an ordinance vacating and abandoning a portion of a utility easement located at 2820 Inwood Lane. ?64.4 The City Attorney read the ordinance for the first time. Director Marinoni, seconded by Lancaster, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Marinoni, seconded by Lancaster, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. ?64.5 In answer to a question from Director Lancaster, a gentleman in the audience told the Board that an Ozarks Electric Cooperative line had been relocated. 264.6 The Mayor asked if anyone wished to speak against the ordinance. There was no public opposition expressed and, upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3371 XX/ij APPEARS ON PAGE 3 G Y EASEMENT VACATION/2559 ELIZABETH STREET OF ORDINANCE AND RESOLUTION BOOK 264.7 The Mayor introduced a request for an ordinance vacating and abandoning a portion of a utility easement located at 2559 Elizabeth Street. 264.8 The City Attorney read the ordinance for the first time. Director Martin, seconded by Kelley, made a motion to suspend the rules and place the ordinance on its second reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the second time. Director Martin, seconded by Kelley, made a motion to further suspend the rules and place the ordinance on its third and final reading. Upon roll call, the motion passed, 6-0. The ordinance was read for the third time. August 16, 1988 The City, Manager said letters of concurrence had been submitted from affected utility companies. Upon roll call, the ordinance passed, 6-0. ORDINANCE NO. 3372 APPEARS ON PAGE H347 OF ORDINANCE AND RESOLUTION BOOK XK!✓ SHADOWRIDGE SEWER PROJECT The Mayor introduced a request for approval'of a sewer extension project on East Shadowridge Drive. a The City Manager requested the item be removed from the agenda and that the 265. proposed project be dropped. He said, in consultation with the City Attorney, he found that in Arkansas, in order for all the residents to pay for the project, an improvement district would have to be formed. He said, since such a district has not been formed, and since there is not total agreement about the fees among the property owners, he recommended the project be cancelled until such time as the residents form an improvement district, or voluntarily agree to share all the cost. 265. 265. 265. The Mayor asked if any of the residents on Shadowridge who were present wished to 265. speak. A citizen, speaking from the audience, stated she was glad to see that democracy 265. still works. She said it was shocking to have received a letter from the City telling her she was buying something she had no knowledge of for approximately $10,000. Another citizen in the audience asked budget for the project. City Manager budget, revenues would be necessary to funds are in the budget, does not mean if the Board had approved funds in the 265. Pennington said, although funds are in the offset the amount. He said, just because "it is a go project." • The City Attorney stated that the City's policy, in this instance, is that the 265. property owners should bear 100% of the cost of installation. He said this was the City Manager's recommendation which he believed had been accepted by the City Board. He said at least one,property owner or more has not voluntarily agreed to bear a pro rata share of the cost of installing the sewer line. He said Arkansas law -does not allow the City to legally require those property owners who oppose the project to bear their share unless an improvement district is formed. He agreed with the Mayor that other property owners could agree to bear the cost, or the City could agree to pick up the difference. • Director Martin said he wasn't speaking for or against the project, because he 265. understood'those who were not aware of it would be opposed to paying for it. He said he thought there was at least an implication that this was a project that had merit. He said he hoped the City hadn't inadvertently created the impression 66.1 66.2 66.3 66.4 August 16, 1988 it was going to go ahead with a project it now is not going to go ahead with. He said he didn't particularly like the fact that the staff came very late to the realization that this was not the proper way to approach the project. The City Manager agreed. He said the initiative for the project came from the Shadowridge residents. He said there was no precedent as there have been a number of ways such projects have been done in the City. He said he was under the understanding that the Shadowridge residents agreed to the project. Martin pointed out that this was fairly late information coming forward. He said he was delighted the project was stopped before it created a miscarriage of justice. He commented that there may have been some residents who were relying on the project. Milton Copeland, resident of 1600 East Shadowridge, expressed his concern about the City's failure to communicate with all the owners of the 20 lots in question. He said he heard tonight that the City Engineer recommends the owners pick up 100% of the cost. Copeland said he never heard that before and didn't ever receive notice of the Board meeting at which the Board approved that recommendation. He said, after living on the street 16 1/2 years he would like to know things that might affect his pocketbook. He said the citizens need to know what's going on. He said they received eight days notice of the recommendation and doubted that some of his neighbors on vacation knew about it yet. Copeland said he thought the City could make it possible to meet with the property owners and discuss the project. He asked that the City try to be sensitive to the need for communication. The Mayor said the Board had heard from several property owners. The Mayor said the City was giving the residents more time, in the event they wish to form an improvement district. She said the City Attorney would be happy to meet with any property owners who wish to form a district. She said the reason the project is at the point it is now is that it never has been the City's policy to bear the cost of individual sewer lines. The City Attorney commented that, although an improvement district is one alternative, the other alternative would be for there to be 100% agreement on a cost-sharing arrangement which he said would be less expensive. He said there was a second issue about property owners who may have purchased lots and now are faced with the project being put in limbo, and who would like to build a house and will need to construct a .septic tank. He said the City a few years ago passed an ordinance that prescribed a minimum lot size for septic tanks. He said, in most instances, city lots do not meet that minimum size requirement. He said he rendered an opinion at that time questioning the legality of that ordinance. He said State septic tank regulations issued by the Health Department do not have a minimum size requirement, but require certain percolation measures to be met. He said he hoped that, if a property owner could present evidence that he meets State Health Department percolation requirements, the City Board would waive the minimum lot size requirements. • 66.5 Director Martin said, according to a proposed City policy, if a resident installed a septic tank today, and the City installed a sewer line tomorrow, the citizen would be forced to hook up to the sewer line. McCord said that was a requirement of an existing City ordinance and the property owner would go into i August 16, 1988 construction with that knowledge. Martin commented that McCord's proposal regarding the septic tank could be expensive and short-lived, and would be of very little consolation in his opinion. Vernon Kaupp, speaking from the audience, said he was a home on Shadowridge, based on information from the going to be installed. He said he was told there that area. He recommended the City amend its policy of the project. Another citizen, speaking from the.audience,. said four years ago City Engineer 267. Don Bunn told her there would not be a sewer line put in at that time but that, in several years, there .may be a study. She said she had lived on Shadowridge for 23 years and, since the City wasn't able to provide sewer service, she had to go to the expense of putting in a septic system. 267. in the process of building 267. City thata sewer line was were percolation problems in and pick up 100% of the cost Director Marinoni said he thought the formation of an improvement district would 267. settle the matter. A citizen in the audience said he thought the problem had been created by 267. information passed on by City staff. He said he would be hurt no matter what happens. He asked why the City couldn't assume the responsibility for installing the sewer line, remarking that it would solve a health problem. Director Martin said he thought the City could do something but asked that they 267. be given a few days to deliberate. He pledged that the City would try to find an equitable solution for those who invested in septic systems who don't want -sewer, and for those who have invested in homes and don't want septic systems. Director Hess asked Kaupp if he knew the name of the individual on the city staff 267., who gave him information. Kaupp said he would give Hess that information. The Mayor asked the citizens on Shadowridge if they would meet among themselves 267. and give the City the information as to who is for and who is against the project. She said she couldn't see the City "carrying the ball" for the property owners. A citizen in the audience asked if it has been the City's policy to ask property .267.'. owners to pay 100% of such projects. He asked what had been the precedent in the past. He said he believed there was a project recently on Lovers Lane where the property owners paid only a portion of the cost, with the City taking on part of the burden. Director Martin said there had been an "ad hoc"'policy in the past. Martin said 267.: he disagreed with the Mayor, and thought the property owners should contact the City Manager and let the City work things out. Director Kelley said he was a property owner on Shadowridge. He said he thought there had been some miscommunication and said he agreed with Martin that the City has a responsibility to analyze the situation and move forward. Kelley said he 267.: August 16, 1988 68.1 hoped the City would get back to the property owners no later than next week. He added that he would be abstaining when a vote is taken. 68.2 Bob Zerak, speaking from the audience, said he did not think the citizens should have to contact the City, but the City should contact them. He remarked that it was the City who created the problem The Mayor said it was her point that the City has never taken on 100% of the burden of installing a private sewer line, commenting that everyone else in the City has to pay for it. ,68.3 Director Lancaster said when the Lovers Lane project was happening, the property owners worked things out among themselves and appointed a spokesman and it took two years for the sewer problems to be resolved. 68.4 Milton Copeland said he didn't think neighborhood leadership was the problem, but the problem was that last week, for the first time, some of the neighbors received a letter from the City Engineer telling them they would have to shell out several thousand dollars. ;68.5 The Mayor said the Board had never taken any action on the City Engineer's recommendation that the property owners pay 100% of the project costs. :68.6 The City Manager said if the staff knew of the differences of opinion among the neighbors the project would never have come to the Board at this point. OTHER BUSINESS INTERVENTION IN LAWSUIT !68.7 The Mayor introduced consideration of whether the City should intervene in a lawsuit involving cities in Arkansas where sales taxes are imposed and collected upon long distance interstate telephone charges. !68.8 The City Attorney explained this was the third case in a trilogy of class action lawsuits which originated in Little Rock that challenged application of city sales tax to various interstate transactions. He said the first was on used aircraft and motor vehicles and the second was on cable television. He said the financial impact of the third case is greatest for the City of Fayetteville than the other two. He noted that the Board authorized him to intervene in the first two lawsuits. 1 168.9 Director Marinoni asked what the financial impact could be to the City. McCord said the impact would be whatever the City's revenues are on the 1% tax on all interstate telephone charges. !.68.10 McCord said the Board should decide whether it wants the City's interest to be represented by some other attorney or by his office. Lancaster said he preferred Fayetteville's interest be represented by Fayetteville's attorney. Lancaster, seconded by Marinoni, moved that our City Attorney look after the interests of • August 16, 1988 4bJ the Fayetteville citizens. The City Attorney explained the Board action should 269. be to intervene in the lawsuit. Upon roll call, the motion passed, 5-1, Martin abstaining, stating he did not believe he had enough information. BID AWARD/DEMOLITION OF PROPERTY The Mayor introduced consideration of the award of Bid No. 869, for raze and remove an unsafe structure located at 617 N. College request for a budget adjustment. ^Director Lancaster asked about distributed to the Board. although the Purchasing Office bidding process. a contract to Avenue; and a other bids which were shown in the material The City Manager said only one bid was received, received three telephone quotes prior to the Director Lancaster moved approval of the staff recommendation. Mayor Johnson asked why the staff sought quotes and then sought bids as well. Assistant City Manager. Linebaugh explained that, after the quotes were received, the staff discovered .the cost would be "over the limit," thus requiring them to use the bidding process. 269. 269. 269. 269. Director Marinoni said'he didn't understand the urgency. He commented that the 269. Board hadn't had a chance to study the material which was handed out at the last minute, and hadn't had a Manager explained the year. He said the staff owner to _tear down the tremendous liability and chance to view the property on Board tour. The City Board already condemned the structure in March of this tried to be as lenient as possible in trying to get the structure. He said the structure .is now a danger and a needs to be' demolished. He said reports from the Inspection Office show no response from the owner. Director Martin expressed his concern that this item came up with no explanation. Director Marinoni seconded the motion. Director Lancaster said he was well aware that the Board passed an ordinance back in March, giving the property owner 30 days. He agreed the structure was unsafe, commenting that he had seen children playing on the site and feared for their safety; Upon roll call, the motion passed, 6-0. Director Hess said, theoretically, the City would be spending money which could be unrecoverable because it would exceed the value of the lot. The City Attorney said at a cost of $50-$100 a title report can be obtained. RESOLUTION NO. 63-88 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION BOOK 269. 269. 269. 269. 269. August 16, 1988 LAWSUIT FOR OVERTIME '.70.1 The City Attorney said he circulated a memo to the Board today regarding a lawsuit filed by the former Lake Fayetteville boat dock operator, seeking overtime compensation under the Fair Labor Standards Act. He said federal law indicates that the plaintiff would be entitled to any overtime owed plus an equal amount of liquidated damages and reasonable attorney fees. McCord said, based upon sunset and sunrise data from the naval observatory, and calculations using minimum wage, it appeared to him the plaintiff was entitled to recover a substantial amount. He said the plaintiff has offered to settle for $13,000. McCord said his calculations show the City's exposure exceeds that amount and he and the City Manager recommend the settlement be approved. He said money was budgeted this year to settle potential litigation which would cover the settlement. 30.2 Director Martin, seconded by Marinoni, moved to approve the settlement. Upon roll call, the motion passed, 6-0. BOY SCOUT WELCOME ;70.3 The Mayor welcomed Boy Scout Troop 116, present in the audience to study for a merit badge on citizenship in the community. CITIZEN COMMENTS ON SOLID WASTE PROBLEMS '70.4 Al Vick, speaking from the audience, commended the Board and City Manager for looking into a recycling program. He said the local newspaper reported last week that a consultant had been in Fayetteville recommending the addition of another industrial park. He said bringing more industry into the area will mean a higher population. He asked what the City's plan was to deal with the additional sewage problem, considering the City is having problems dumping into the White River and into Beaver Lake, our drinking water supply. ,70.5 The Mayor said that was a premise that was not accurate. She said the City had a sewage treatment plant which is consistently operating at 5-5-2-1 limits. She said this was the most stringent effluent in the State of Arkansas. :70.6 Vick asked how the City planned on dealing with solid waste problems due to future increases in population, and dealing with any industrial waste. !70.7 City Manager Pennington said these questions were having to be answered as part of the City's general land use plan and the long-term comprehensive plan. He said this planning process has been underway for over a year, and these questions will have to be addressed by the City staff and Board, as well as Boards in the future. :70.8 Director Hess said the industrial park mentioned by the consultant was only briefly mentioned as a possible scenario and was by no means more than an idea. August 16, 1988 Z"7] The Mayor said when the sewage treatment plant was designed it was designed for a 271 20 -year period which includes population and industrial growth, in order to have a sewage system which would meet the demands 20 years from now. Referring to the Oklahoma -Illinois River issue, she said there was one more administrative appeal following the decision of the present appeal before the EPA Administrator, after which it will go to the Circuit Court. She said Beaver Water District was responsible for the taste of the water. Hess said he thought the water here tasted a lot better than a lot of places in the United States. PETITION TO REMOVE COMMISSIONER Bill Stiles approached the podium, and requested permission to read a petition to the City Board. Stiles read the petition in full, which was signed by property owners in the Dickson Street Central Business Improvement District No. 1, Sylvia J. Stewart, Sharon Stiles, Robert Reus, Bill Stiles, Clyde Treece, Cyrus Young and Robert C. Kelly. The petition requested "the City to set a time and date for a hearing and the presentation of evidence and argument and thereupon remove Tom Pearson as a commissioner and order Pearson's property at Dickson and West cleaned up." The City Attorney told the Board the petition raised the legal issue of under what circumstances the City Board has the legal authority to remove an improvement district commissioner. He said he would prepare a memorandum on that issue and submit it to the Board for their consideration. Stiles said he did not think improvement districts were democratic, since they were not based on a vote but on assessed valuation of property. He said business property had a great advantage over homeowners. He said he thought this was a problem that needed to be discussed, because the Dickson Street improvement district is not the only district with that problem. He said the downtown improvement district was the same way, and that some of its property owners were not notified that they were included in the district until they received a tax bill. He said homeowners should not have to pay for business parking, or for the arts center parking, unless the whole City pays for it. The Mayor told Stiles that Senator David Malone was chairman of a two-year study of the issue of improvement districts. She said that study was unable to come up with a solution, and commented that perhaps State legislation is the only thing which can affect the methods which are presently being used. SEWER & WATER EXTENSION REQUEST/MARKHAM HILL Julian Archer addressed the Board, stating he owned property on Markham Hill known as Pratt Place. He said the property had been in his family for about 90 years. He said two septic tanks will have to be replaced at a cost of $2500- $3000 each. He said he would replace these tanks, if the City is not interested in his proposal, which he said he wanted to present only for consideration and not for any action at this time. Archer proposed the City pay half and he would pay half the cost of the installation of a sewer line. He said.the entire 271. 271. 271. 271. 271. '.72.1 August 16, 1988 hilltop to the west of the stadium is not serviced by sewer He said he was not in a financial position to undertake such a project on his own. He said Northwest Engineers provided him with one estimate of $35,000 (going to the North) and another estimate of $30,000 (going to the East). He said he did not want to have to live with septic tanks in the area. Archer pledged that, if any development were to take place in the next 25 years on his property, he would repay the City its 1/2 share with 10% interest. '72.2 Archer also proposed the extension of a water line from the water tank on Markham Hill due north for about 600' to install a fire hydrant, because his property was an unsafe distance from a hydrant. He said the cost of this work was roughly estimated at around $10,000. Archer again proposed going half and half with the City on the cost of this project. •72.3 Archer asked the City to consider his two proposals separately, stating his preference was for action to be taken on the sewer before the fire hydrant. Archer said he would provide the City with data from Northwest Engineers. The Mayor asked Archer to give his material to the City Manager to make a recommendation to the Board. ITEMS FOR BOARD TOUR !72.4 Director Hess called the Board's attention to correspondence from Ted Ivy, Inspection Engineer for the State Department of Pollution Control and Ecology, which had been reported on by City Manager Pennington at the August 2 Board meeting. !72.5 The Mayor asked if the location where the wastewater treatment plant effluent stream converges with the main body of the White River could be viewed by the Board on their next tour. Director Marinoni requested the tour also include a trip to the sludge management site grass stand. ADJOURNMENT ?72.6 The meeting adjourned at 8:53 p.m.