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HomeMy WebLinkAboutCouncil - 2010-11-15COUNCIL MINUTES NOVEMBER 15, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Smola. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held October 4, 2010 and special meetings held October 4 & 28 and November 8, 2010, as mailed to the Mayor and Councillors, were accepted. At the request of Councillor K. Galloway, it was agreed that the November 8, 2010 Development & Technical Services Committee minutes be amended by deleting the second paragraph from Item 9 (Telecommunication Tower and Antenna Protocol) and inserting the same wording of the deleted paragraph under Item 8 (Demolition Control Application DC 10/11/B/ATP - 1000 Bleams Road) to which Councillor Galloway's comments apply. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated October 6, 2010 from the Honourable C. Paradis, Minister of Natural Resources acknowledging receipt of Council's resolution concerning the ecoENERGY Retrofit -Homes Program. Mayor C. Zehr acknowledged that this is the last Council meeting for Councillors C. Weylie, J. Smola and G. Lorentz. Each has achieved long term service in their roles as a Ward Councillor, with Councillor Weylie having served for 26 consecutive years since elected by by-election in February 1984; Councillor Smola having also served for 26 consecutive years since elected by by-election in April 1984; and Councillor Lorentz having served for 22 consecutive years since elected in 1988. Mayor Zehr advised that Councillor Weylie is retiring from politics and expressed appreciation for her wisdom at the Council table and the stability she brought as Chair of the Development & Technical Services Committee. Mayor Zehr also extended appreciation to Councillor Smola, who was unable to attend the meeting this date, for his long standing service to the Bridgeport area and in particular, his contributions as a member of the Board of the Kitchener Downtown Business Improvement Association. Mayor Zehr congratulated Councillor Lorentz on his successful election to Regional Council, acknowledging his long standing service as Chair of the Community Services Committee and extending appreciation for his stalwart contributions as a member of Kitchener Council. Councillor C. Weylie stated that it was a pleasure and an honour to have served 9 consecutive terms and remarked on the extent, and rapid pace, to which change has occurred in the community during her tenure. Councillor G. Lorentz commented that he has enjoyed his time on Kitchener Council and is humbled and honoured to have done as well as he did in his bid for election to Regional Council. He declared his mandate at the Regional level would be to work hard and in particular, he wished to bring about change in how the Region and area municipalities communicate with each other given they serve the same population. Mayor C. Zehr then presented framed Certificates of Service and tokens of appreciation to Councillors C. Weylie and G. Lorentz in recognition of their long standing service. Mayor C. Zehr announced that this would also be the last Council meeting for Ms. Shanyce Robinson in her role as Council Page, who began her civic duties in October 2007. Mayor Zehr congratulated Shanyce on graduating from Resurrection Catholic Secondary School and receiving the 2010 Provincial Catholic Student of the Year Award. Mayor Zehr extended best wishes to Shanyce as she continues to pursue higher education and presented her with a commemorative certificate and token gift in acknowledgement of her 3 years of service. Mayor Zehr then welcomed Farzad Askari, a Grade 10 student from Forest Heights Collegiate, who has assumed the role of Council Page. Mayor C. Zehr acknowledged Ms. Janet Billett, Supervisor of Council /Committee Services, who is the recipient of a Membership Service Award in recognition of 20 years service as a member of the Association of Municipal Clerks and Treasurers of Ontario. Messrs. Angelo Innocente, Vice-President, and David Innocente, Environmental Project Co-ordinator, MTE Consultants Inc., attended to present Council with a 2010 Canadian Consulting Engineering Award of Excellence for the Joseph and Gaukel Streets Roads Reconstruction and Environmental COUNCIL MINUTES NOVEMBER 15, 2010 - 295 - CITY OF KITCHENER Remediation project. The award was given to MTE by the Association of Consulting Engineering Companies, Canada and Canadian Consulting Engineer magazine; and is the highest mark of recognition for projects by Canadian consulting engineering firms. The project was chosen from among 73 projects entered, of which only 10 awards of excellence were given. Mr. A. Innocente acknowledged the close working relationship with the City and in particular, the contributions of Councillor C. Weylie and Mr. J. Witmer, the City's Project Manager; and stated that he was proud to be associated with the City on an environmental remediation project as substantive and complex as any could be for a municipality. He added that the results of this project will protect the health and safety of the community now and into the future. Mr. D. Innocente then presented a photographic chronology of the project, from its origins to its present-day remediated state. Mr. A. Innocente then presented Mayor Zehr with a plaque acknowledging the Award of Excellence in Environmental Remediation and a copy of the Canadian Consulting Engineer magazine containing a publication on the remediation project. Mayor Zehr acknowledged that this project was very much a partnership effort, as well as, one of the largest, most costly remediations ever undertaken and the City remains committed to cleaning up Brownfield sites to the benefit of future generations. Ms. Michele Wade, Heritage Planner, presented background information relative to Clause 1 of the Heritage Kitchener report (November 2, 2010 meeting), dealing with a revised Heritage Permit Application HPA 2010-IV-019 for 300 Joseph Schoerg Crescent. The property is designated under Part IV of the Ontario Heritage Act; is subject to a Heritage Conservation Easement Agreement; and the heritage attributes include: the Betzner Farmhouse; drive shed; and cultural heritage landscape. The revised HPA seeks alteration improvements to the drive shed including lighting, relocation of a mailbox, new carriage doors and extension of the paved stone driveway to the east of the shed to accommodate parked vehicles. It was noted that some of the work under the HPA has already been completed without approval and is compounded by work undertaken under a previous HPA. The latter permitted construction of a 3.5 ft. stone wall, subject to addressing issues pertaining to its final location. The wall as constructed exceeds the approved height in certain areas and the City never granted approval of the final location. Ms. Wade suggested that the wall obstructs views of the cultural heritage landscape which will be further obstructed by extension of the paving stones to the east for parking spaces. Heritage Planning staff support some but not all of the proposed alterations and as the Act does not allow for partial approval, staff recommended the application be refused. Heritage Kitchener also recommends the application be refused, expressing concerns relative to the paving stones modern appearance as opposed to an historic look. An alternative recommendation that allows for those portions of the improvements supported by staff to be approved was provided and an alternate driveway and parking option that could be supported by staff was also proposed. Ms. Wade asked that should Council decide to approve the HPA as submitted by the owner that three conditions of approval be applied, including: the final design of the light post be submitted for review and heritage clearance prior to installation; the final building permit drawings identify how the interior of the drive shed will be engineered to accommodate two legal parking spaces and be stamped by a professional engineer and submitted for review and heritage approval prior to the issuance of a building permit; and approval of the second revised Heritage Permit Application HPA-2010-IV-019 not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation including, but not limited to, the regulations of the Building Code, Fence By-law, Hedges By-law, Zoning By-law or subsequent Heritage Permit Application approvals required under the Ontario Heritage Act. Mr. John Ariens, owner, spoke in support of the revised HPA application for 300 Joseph Schoerg Crescent, as originally submitted. He stated that it is important to him not to negatively impact the cultural heritage aspects of this property, noting that he was the recipient of a Mike Wagner Heritage Award given by the City for restoration work undertaken to date. He stated that he has been pursuing covered parking for the property for the past 4 years, which originally was proposed for the drive shed and involved the purchase of land to which he was not successful in obtaining. Consideration was then given to a free standing garage but was not pursued as Heritage Kitchener was not supportive of this option. Use of the undercroft for parking was considered next and approximately $10,000. was spent on this project before ultimately having to abandon the option due to the high costs associated with lowering the basement flooring and concern that doing so would result in loss of the building. Mr. Ariens advised that the drive shed was then revisited with plans to divide the interior to accommodate 2 parking spaces and extension of the paving stones to the east to accommodate 3 outside spaces. The proposed alterations require HPA approval and he suggested that Council must weigh private interests against public interests in this matter. Five parking spaces are required, 2 for a bed and breakfast business and 3 for the homeowners, and Mr. Ariens advised it was his intent to minimize adverse impact to heritage attributes while maintaining public safety. He pointed out that the original concept of the doors was fully supported by staff in an October report but subsequently, opposed in a COUNCIL MINUTES NOVEMBER 15, 2010 - 296 - CITY OF KITCHENER November report due to surface parking issues. He noted that the alternate parking as proposed by staff in front of the barn will not work with the proposed design as the carriage doors swing outward and that he had gone ahead with extension of the paving stones on the basis that the area east of the drive shed had been approved for hard surfacing under the design for the undercroft parking. He added that the relocation of the parking to the east will be subject to minor variance approvals from the Committee of Adjustment and suggested that his option provides the best outcome for both private and public interests. In regard to the impact to the cultural heritage views, Mr. Ariens provided photographs to demonstrate that the extended paving stones and parked vehicles will not adversely impact the view. He also noted that a scenic lookout has been constructed not far from his property that provides better views of the cultural heritage landscape, with open public space along 330 m of sidewalk and trails. Mr. Ariens stated that the area east of the drive shed has historically been used for parking and asked that Council accept his alternate proposal. Councillor J. Gazzola requested clarification that if the site plan for the undercroft parking had gone ahead there would be an asphalt driveway from the bottom of the drive shed to the parking area. Mr. Ariens confirmed that an asphalt driveway would lead to behind the property and into the undercroft parking. As he has proposed now, the paving stones are to the east of the drive shed with grass covering below. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, Clause 1 of the Heritage Kitchener report (November 2, 2010 meeting), was brought forward for consideration which provides that HPA 2010-IV-019 (300 Joseph Schoerg Crescent) as submitted be refused and if agreed upon by the applicant, approval of an amended HPA be granted that limits the scope of work by excluding the proposed carriage doors and extension of the paving stones to the east of the drive shed; and providing for a further report to come forward to address the parking needs of the property owner. Councillor Gazzola asked that Council not accept the recommendation of Heritage Kitchener and allow the HPA as submitted by the property owner to proceed. He stated that he did not find fault with Heritage Planning staff or Heritage Kitchener in making recommendation based on maintaining the authenticity of the cultural heritage landscape and that it is Council's role to ultimately decide an appropriate course of action. He commended the property owner for the restorations to date that have saved a significant heritage property and acknowledged the careful consideration, and expenditures, of the owner in attempting to find an alternative parking solution. He agreed that the cultural heritage landscape should be preserved but suggested the best views are not from the proposed parking area but rather from the front of the house and public scenic lookout. Councillors G. Lorentz and C. Weylie agreed with the comments of Councillor Gazzola, suggesting that common sense must prevail in that, a property owner should not be over-burdened by the costs of preservation. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 1 of the Heritage Kitchener report (November 2, 2010 meeting) of this date be adopted." Motion Lost. A motion was then brought forward by Councillor J. Gazzola, seconded by Councillor G. Lorentz, to approve the HPA as submitted by the property owner. Mayor Zehr questioned if Councillor Gazzola intended to include the 3 conditions outlined by Heritage Planning staff in his motion. Councillor Gazzola requested that Mr. Ariens be permitted to speak to the conditions. Mr. J. Ariens advised that inclusion of the 3 conditions of Heritage Planning staff would be satisfactory to him. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That pursuant to Section 33 of the Ontario Heritage Act, the second revised Heritage Permit Application HPA-2010-IV-019 (300 Joseph Schoerg Crescent) be approved as submitted by the applicant, subject to the following conditions: COUNCIL MINUTES NOVEMBER 15, 2010 - 297 - CITY OF KITCHENER That the final design of the light post be submitted for review and heritage clearance by Heritage Planning staff prior to installation; and, That the final building permit drawings identify how the interior of the drive shed will be engineered to accommodate two legal parking spaces and be stamped by a professional engineer and submitted for review and heritage clearance by Heritage Planning staff prior to the issuance of a building permit; and further, That approval of the second revised Heritage Permit Application HPA-2010-IV-019 not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation including, but not limited to, the regulations of the Building Code, Fence By-law, Hedges By-law, Zoning By-law or subsequent Heritage Permit Application approvals required under the Ontario Heritage Act." Carried. Ms. Karen Spencer, property owner, attended in respect to Clause 2 of the Heritage Kitchener report (November 2, 2010 meeting), concerning Heritage Permit Application HPA 2010-V-022 to permit construction of a new duplex dwelling at 215 Old Carriage Drive. Ms. Spencer advised that she had been unable to attend the Heritage Kitchener meeting but consideration of the HPA went forward in her absence, and resulted in a recommendation to refuse the application. She advised that her understanding of the reasons for refusal relate to the architectural design, height of the dwelling and its proposed location. In response to these concerns, she advised that the height of the building complies with zoning requirements and still allows views of the heritage vistas, notwithstanding the view is best seen from Doon Village Road; the architectural plan has been approved by City staff and complies with site plan guidelines; and the location of the dwelling is based on plans to decommission an existing septic holding tank, as required under condition of approval from the Committee of Adjustment. Ms. Spencer asked that Council not accept the recommendation of refusal from Heritage Kitchener but grant an extension to the timelines under the approval process to allow further dialogue with Heritage Planning staff and Heritage Kitchener. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That consideration of Clause 2 of the Heritage Kitchener report (November 2, 2010 meeting) be deferred to the February 14, 2011 Council meeting, to allow opportunity for the owners of 215 Old Carriage Drive to have further discussions with Heritage Planning staff and Heritage Kitchener to address concerns as raised by Heritage Kitchener." Carried. Ms. Elif Smith, Managing Director, LuminAD, attended to request an extension of a temporary permit for video projection advertising media onto the fapade of the Delta Hotel at 11 Benton Street. Ms. Smith advised that the temporary permit expires on November 30, 2010, and while originally thought to be sufficient time to obtain necessary approvals to achieve a permanent arrangement more time is needed. She stated that LuminAD wishes to extend the temporary arrangement until approvals are in place so that they may continue the video feed through the Christmas season and add to the excitement in the Downtown area. Mr. Brian Page, Supervisor, Site Development, clarified that staff have prepared a positive report for consideration of the Committee of Adjustment at its November meeting; however, the decision of the Committee will not be considered by Council until its December 20, 2010 meeting. He advised that staff would support an extension of the temporary permit to December 31, 2010 pending the outcome of consideration of the Committee of Adjustment application. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That the request from LuminAD to extend the trial period for video projection advertising media onto the fapade of the Delta Hotel at 11 Benton Street from November 30, 2010 to December 31, 2010, be approved." Carried. COUNCIL MINUTES NOVEMBER 15, 2010 - 298 - CITY OF KITCHENER Mr. Brian Page also attended on behalf of Frank Gerencser, TriOS College, who was unable to attend the meeting this date, relative to Item B.4 of the Committee of the Whole agenda dealing with a decision of the Committee of Adjustment to refuse sign variance application, Submission No. SG2010-015 (110 King Street East). Mr. Page advised that Mr. Gerencser has asked staff to request on his behalf that the matter be further deferred to the December 20, 2010 Council meeting. He added that Mr. Gerencser continues to work with staff toward a resolution and staff is supportive of the deferral request. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That the decision of the Committee of Adjustment to refuse Sign Variance Application, Submission No. SG 2010-015 (110 King Street East), be further deferred to the December 20, 2010 Council meeting to allow continued discussions of all interested parties." Carried. Council then considered Development & Technical Services Department report DTS-10-185 (J. Lewis), dated November 9, 2010, which provides additional information concerning Clause 10 of the Development & Technical Services Committee report dealing with a proposed parking prohibition on Highland Crescent. Mr. J. Willmer, Interim Deputy CAO, Community Services, advised that to provide appropriate sight lines for exiting 180 Highland Crescent a minimum of 7 m on either side of the access is required and under the Traffic Control By-law staff will also ensure parking is prohibited within the 15 m corner restriction of the intersection of Wycliffe Place and Highland Crescent. Ms. Caroline Taylor and Ms. Mary MacDonald-Young, area residents, attended in regard to Clause 10 of the Development & Technical Services Committee report and advised that they were in agreement with the recommendations of staff brought forward this date. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 10 of the Development & Technical Services Committee report be amended by replacing the clause in its entirety with the staff recommendation contained in Development & Technical Services Department report DTS-10-185, to provide that on-street parking be prohibited at any time on the west side of Highland Crescent from a point 40 m south of Wycliffe Place to a point 22 m south thereof." Carried. Mr. Rod Regier, Executive Director, Economic Development, announced receipt of a Community Places Award, presented to the IBI Group and the City of Kitchener at the annual International Making Cities Livable Conference, for the redesign of King Street in Downtown Kitchener. The award is given in recognition of the innovative design for a flexible, summer /winter sidewalk, and sustainable streetscaping to bring people, particularly youth, back to the Downtown. Mr. Regier added that the streetscape was designed as a festival street, noting record attendance at 2010 summer events and acknowledging the support of staff and Council in completing a successful project as evidenced by the International recognition award. Ms. M. Palmer, Buyer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Tender T10-117 (Fire Hydrants & Related Materials), Councillor J. Gazzola questioned what has caused the substantial increase in cost. Ms. Michelle Palmer, Buyer, advised that the tender is based on fixed unit prices of an historic sampling of components and the estimated average for the tender is primarily due to industry price increases. Councillor Gazzola questioned if it is really price increases or the quantity being purchased. Mayor C. Zehr suggested additional information may be helpful but noted that the estimate is based on a 3-year average of expenditures. Mr. D. Chapman agreed to follow-up with additional information in regard to the cost estimates and quantities purchased. COUNCIL MINUTES NOVEMBER 15, 2010 - 299 - CITY OF KITCHENER Councillor Gazzola referred to Tender T10-125 (Tandem Rear Axle Cab and Chassis) requesting clarification of the cost estimate of $359,860. in comparison to the budget estimate of $820,000. Ms. M. Palmer advised that the budget estimate is correct and encompasses funding for additional equipment required to be added to the cab and chassis. Mayor C. Zehr pointed out that the financial information provided should correlate the tender amount to the budget estimate so that the comparison is meaningful. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Expression of Interest E10-097, Consultant Services -Schneider Creek Remediation (Hayward Avenue to Manitou Drive), be awarded to Aecom Canada Ltd., Kitchener, Ontario at their estimated fee of $285,044., plus H.S.T. of $37,055.72, for a total of $322,099.72, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10-105, Crushing of Reclaimed Concrete, be awarded to Artscrushing & Recycling Inc., London, Ontario, at their tendered price of $222,500., plus H.S.T. of $28,925., for a total of $251,425." - and - "That Proposal P10-111, Electrical Services, be awarded to Harold Stecho Electric Ltd., Waterloo, Ontario and Miller's Electric Limited, Kitchener, Ontario, at their proposed rates for a one (1) year period, with an option to renew for four (4) additional one (1) year terms, subject to mutual agreement." - and - "That Proposal P10-115, Plumbing Services, be awarded to Dave Hurst Plumbing & Heating Inc., Kitchener, Ontario, and Nelco Mechanical Limited, Kitchener, Ontario, at their proposed rates, for a one (1) year period, with an option to renew for four (4) additional one (1) year terms, subject to mutual agreement." - and - "That Tender T10-116, Four (4) Rubber Tired Four Wheel Drive Diesel Powered Articulated Utility Tractors, complete to specification CKF-90-2010, be awarded to Work Equipment Ltd., Courtland, Ontario, at their tendered price of $332,000., plus H.S.T. of $43,160., for a total of $375,160., plus optional salt and sand spreader at $29,800., front mounted rotary mowers $90,800., snow blowers $38,780., turf tires $10,800. and electric locker drives $18,600., for a total of $188,780., plus H.S.T. of $24,541.40, for a total of $213,321.40 with the total price for the Utility Tractors and options to be $588,481.40, including H.S.T." - and - "That Tender T10-117, Fire Hydrants & Related Materials, be awarded to Wolseley Waterworks Incorporated, Kitchener, Ontario, at their tendered price of $39,972.72, plus H.S.T. of $5,196.46, for a total of $45,169.18, with an option to renew for three (3) additional twelve (12) month terms, subject to mutual agreement." - and - "That Tender T10-125, Four (4) 29,937 kg (66,000 Ib) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, complete to specification CKF-310-2010, be awarded to Team Truck Centres Limited, Kitchener, Ontario, at their tendered price of $359,860., plus H.S.T. of $46,781.80, for a total of $406,641.80." COUNCIL MINUTES NOVEMBER 15, 2010 - 300 - CITY OF KITCHENER - and - "That Tender T10-118, Galvanized Steel Risers & Related Materials, be awarded to Tecvalco Limited, Niagara Falls, Ontario, at their tendered price of $36,035.02, plus H.S.T. of $4,684.55, for a total of $40,719.57, with an option to renew for three (3) additional twelve (12) month terms, subject to mutual agreement." - and - "That Expression of Interest E10-127, Consultant Services -Bridge Inspections, be awarded to Aecom Canada Ltd., Kitchener, Ontario at their estimated fee of $33,924., plus H.S.T. of $4,410.12, for a total of $38,334.12." - and - "That the City of Kitchener participate with the Cooperative Purchasing Group of Waterloo Region onto the Waterloo Region District School Board's Contract, RFP#6213-RW-10 -Supply and Delivery of Fine Paper, which was awarded to Spicers, a Division of PaperlinX Canada Limited, Kitchener, ON, for a three (3) year period, with an option to renew for a further two (2) 12-month periods, subject to mutual agreement." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 10 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener (meeting of October 5, 2010) be adopted." Carried. Carried. Carried. Councillor J. Gazzola raised concerns regarding the number of garbage bags still being left on King Street outside the containers. Mr. Regier advised that staff is in the final stage of discussions with the KDBIA, working toward a solution of which one component will be the construction of a garbage collection unit at the rear of businesses on Hall's Lane, together with education of businesses and policing of the City's policies. Councillor C. Weylie advised that a meeting is scheduled for November 16, 2010 with the KDBIA and she would once again raise this issue but cautioned that the issue is more complicated than it would appear and the KDBIA is working to address the matter. COUNCIL MINUTES NOVEMBER 15, 2010 - 301 - CITY OF KITCHENER Councillor B. Vrbanovic gave notice at the October 4, 2010 Council meeting that he would introduce a motion this date concerning a recent decision by the Federal Government to reduce funding to the National Crime Prevention Council (NCPC) which has impacted municipalities across the country who apply to the NCPC for grant funding to undertake local crime prevention initiatives. Councillor J. Gazzola requested clarification of the intent of the motion. Councillor Vrbanovic advised that substantive budget cuts have been made to community safety programs, and in particular to the NCPC. This presents a challenge in that most of their projects are funded based on multi-year agreements; resulting in funding for new initiatives being frozen into 2012-2013 until new Federal dollars become available. He pointed out that Kitchener, together with a number of other cities, has been working on a Crime Prevention Network over the past several years; the work of which now appears to have been done with no avenue left for implementation. He added that it has been demonstrated that work related to community safety is most importantly addressed at the front-end through crime prevention programs. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "WHEREAS this past summer the Federal Government has cut the budgets of a number of initiatives related to crime prevention and safety and security within our communities; and, WHEREAS these cuts are impacting initiatives that local government has been working on for many months; THEREFORE BE IT RESOLVED that Kitchener City Council urge the Federal Government to restore funding that has resulted from recent cuts to Federal community safety programs, including those to the Canadian Emergency Management College and to the National Crime Prevention Centre; and, BE IT FURTHER RESOLVED that this motion be forwarded to the Prime Minister, relevant Federal Ministers, local MP's, the Federation of Canadian Municipalities, the other municipalities within the Region of Waterloo, and the Waterloo Region Crime Prevention Council." Carried. Councillor C. Weylie assumed the Chair as Acting Mayor at this time. Mayor C. Zehr gave notice at the November 8, 2010 special Council meeting that he would introduce a motion this date concerning a request to the Federal and Provincial Governments to discontinue application of the HST to the Debt Retirement Charge (DRC) portion of hydro bills. Mayor Zehr commented that he believed given the level of public opposition, there is reasonable opportunity to lend support to, and potentially have application of the HST on the DRC portion of hydro bills over-turned. Moved by Mayor C. Zehr Seconded by Councillor B. Vrbanovic "WHEREAS GST has been applied to the Debt Retirement Charge (DRC) portion of hydro bills prior to July 1, 2010; and, WHEREAS HST has been applied to the Debt Retirement Charge (DRC) portion of hydro bills effective July 1, 2010; and, WHEREAS the DRC is a payment of an outstanding debt held by the Ontario Electricity Financial Corp. and, by its very nature, not included in the normal definition of 'goods or services' to which HST is applied; THEREFORE BE IT RESOLVED that the City of Kitchener send a letter to the Premier of Ontario, Prime Minister of Canada, Ontario Minister of Finance, Federal Minister of Finance and Ontario Minister of Energy asking for the removal of the application of HST on the DRC portion of all hydro bills." Carried. COUNCIL MINUTES NOVEMBER 15, 2010 - 302 - CITY OF KITCHENER Mayor C. Zehr then assumed the Chair. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 5 additional by-laws for three readings this date, which include: • a by-law to amend Chapter 501 (Business Licence Fees) of the Municipal Code to provide for 2011 business licence fees, effective January 1, 2011; • a by-law to amend the Adaptive Reuse Community Improvement Plan, relative to Clause 12 of the Development & Technical Services Committee report; • a by-law to amend Chapter 270 (Parks) of the Municipal Code, relative to Clause 7 of the Finance & Corporate Services Committee report; • a by-law to regulate the parking of vehicles on private property without the owner's consent, relative to Clause 8 of the Finance & Corporate Services Committee report; • a by-law to amend Chapter 450 (Noise) of the Municipal Code, relative to Clause 9 of the Finance & Corporate Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 16, 17, 19 and 20, Registered Plan 58M-394 -Lower Mercer Street. (g) Being a by-law to provide for the establishing and laying out of part of Wabanaki Drive, as a public highway, in the City of Kitchener. (h) Being a by-law to provide for the establishing and laying out of part of Block Line Road, as a public highway, in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of Lennox Lewis Way, as a public highway, in the City of Kitchener. (j) Being a by-law to exempt certain lots from Part Lot Control -Lot 24, Registered Plan 58M- 435 -Huck Crescent. (k) Being a by-law to exempt certain lots from Part Lot Control -Lots 23, 24, 25 and 30, Registered Plan 58M-474 - Countrystone Drive. (I) To confirm all actions and proceedings of the Council. (m) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (n) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. COUNCIL MINUTES NOVEMBER 15, 2010 - 303 - CITY OF KITCHENER (o) Being a by-law to amend the Adaptive Reuse Community Improvement Plan. (p) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks. (q) A by-law to regulate the parking or leaving of motor vehicles on property without the consent of the owner. (r) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to Noise. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-174) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2010-175) (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2010-176) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (By-law No. 2010-177) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2010-178) (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 16, 17, 19 and 20, Registered Plan 58M-394 -Lower Mercer Street. (By-law No. 2010-179) COUNCIL MINUTES NOVEMBER 15, 2010 - 304 - CITY OF KITCHENER (g) Being a by-law to provide for the establishing and laying out of part of Wabanaki Drive, as a public highway, in the City of Kitchener. (By-law No. 2010-180) (h) Being a by-law to provide for the establishing and laying out of part of Block Line Road, as a public highway, in the City of Kitchener. (By-law No. 2010-181) (i) Being a by-law to provide for the establishing and laying out of part of Lennox Lewis Way, as a public highway, in the City of Kitchener. (By-law No. 2010-182) (j) Being a by-law to exempt certain lots from Part Lot Control -Lot 24, Registered Plan 58M- 435 -Huck Crescent. (By-law No. 2010-183) (k) Being a by-law to exempt certain lots from Part Lot Control -Lots 23, 24, 25 and 30, Registered Plan 58M-474 - Countrystone Drive. (By-law No. 2010-184) (I) To confirm all actions and proceedings of the Council. (By-law No. 2010-185) (m) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2010-186) (n) Being a by-law to amend Chapter 502 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2010-187) (o) Being a by-law to amend the Adaptive Reuse Community Improvement Plan. (By-law No. 2010-188) (p) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks. (By-law No. 2010-189) (q) A by-law to regulate the parking or leaving of motor vehicles on property without the consent of the owner. (By-law No. 2010-190) (r) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to Noise. (By-law No. 2010-191) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES NOVEMBER 15, 2010 - 305 - CITY OF KITCHENER On motion, the meeting adjourned at 9:00 p. m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 15, 2010 - 306 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Uniform Traffic By-law be amended to prohibit parking on the west side of Overlea Drive from a point 156m south of Westmount Road to a point 22m south thereof. 2. That the Uniform Traffic By-law be amended to change the 'No Stopping 4:30 p. m. - 5:30 p. m. Monday to Friday' regulation to 'No Stopping Anytime' on the north side of Belmont Avenue West, from a point 200m east of Glasgow Street to a point 40m east thereof. 3. That the purchase of Sur-Gard System III Virtual Receiver be approved from a single source provider, namely digital Security Controls (DSC). 4. That the purchase of 77051 MultiNet Monitoring Receiver be approved from a single source provider, namely AES Corporation IntelliNet, for alarm monitoring. 5. That the Region of Waterloo's execution of a Schedule B Class Environmental Assessment on behalf of the City of Kitchener for a road diet on Frederick Street between Bruce Street and River Road be endorsed. 6. That Demolition Control Application DC10/08/F/GS requesting permission to demolish four (4) single detached dwelling units municipally addressed as 1650 Fischer Hallman Road and legally described as German Company Tract Pt lot 158 and 1670 Fischer Hallman Road and legally described as German Company Tract Pt lot 158, RP 58R-13970 PT 3 and 1690 Fischer Hallman Road and legally described as German Company Tract Pt lot 158 and 1720 Fischer Hallman Road and legally described as German Company Tract Pt lot 158, be approved without conditions. 7. That Planning staff review Council Policy I-1095 (Public Participation in the Planning Process) to determine if there should be any updates or revisions; and, That the use of social media tools be explored as part of the review; and further, That Planning staff report to Council in the spring of 2011 with any recommended changes to Council Policy I-1095. 8. That Demolition Control Application DC10/11/B/ATP requesting permission to demolish one (1) single detached dwelling located at 1000 Bleams Road, owned by the Kitchener-Waterloo Christian Fellowship, legally described as Block 137 or Registered Plan 1648, be approved without conditions. 9. That further to the Council resolution of March 22, 2010, the Telecommunication Tower and Antenna Protocol as reviewed and commented on by Industry Canada, be approved in the form shown in the report dated October 27, 2010, attached to Development and Technical Services Department report DTS-10-174, with out conditions. 10. That on-street parking be prohibited at anytime on the west side of Highland Crescent from a point 40 metres south of Wycliffe Place to a point 22 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly. (Dealt with under Delegations and Carried, as Amended) 11. That the Freeport Sewage Pumping Station and Forcemain Environmental Study Report (ESR) prepared by Aecom Canada Ltd., dated August 2010, be received; and further; That the Freeport Sewage Pumping Station and Forcemain Environmental Study Report (ESR) be filed with the Ontario Ministry of the Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act. COUNCIL MINUTES NOVEMBER 15, 2010 - 307 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. That an amendment to the Adaptive Reuse Community Improvement Plan to extend the deadline date for final building permits be approve in the form shown in the 'Proposed By-law' dated October 15, 2010, attached as Appendix "B" to Development and Technical Services Department report DTS-10-172; and further, That staff undertake a review of the City's development related incentive programs and Community Improvement Plans prior to the next City of Kitchener Development Charge Study. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute a co-operative agreement between the Corporation of the City of Kitchener and the Optimist Club of Southwest Kitchener for the purpose of the operation of the mobile skateboard park, subject to the satisfaction of the City Solicitor. 2. That the Volunteer Services Strategy, as attached to Community Services Department report CSD-10-070, be approved in principle; and further, That the recommended actions of the Volunteer Services Strategy be referred to the corporate business planning process and the annual capital and operating budget processes for consideration. 3. That the Industrial Artifacts Project continue to be administered by the Community Services Department as detailed in Community Services Department report CSD-10-068. 4. That a Tier 3 (Community Grants Innovation Investment Fund) grant in the amount of $10,260. be approved from the 2010 Community Grants budget to support expanding the YMCA Cross Cultural Services Mentoring Program to include professional newcomer artists in our community. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Bethany Evangelical Missionary Church for their annual Christmas Pageant from December 2 to December 5, 2010, between the hours of 6:00 p. m. and 9:00 p. m., daily. 2. That the revised 2010 PSAB Budget, prepared in accordance with Regulation 284/09 of the Municipal Act, be approved, as appended to Financial Services Department report FIN-10-166. 3. That the request for the sale of food and/or merchandise on Civic Square or in the Rotunda during various events being conducted from November 16, 2010 to January 31, 2011, be approved, provided the necessary licences are obtained, including Health and Fire approval. 4. That the schedule of fees relating to dog licensing, as attached to Corporate Services Department report CRPS-10-162, be approved effective January 1, 2011; and further, That Schedules 'A' and 'B' to Chapter 530 (Dogs) of the City of Kitchener Municipal Code, be amended to reflect the fees for licensing of dogs, as outlined in Corporate Services Department report CRPS-10-162. 5. That a financial contribution be made by the City of Kitchener to the Town of Orangeville in the amount of $10,000 to share in the cost of the appeal of the recent Ontario Municipal Board ruling on gross vs. net population development charge methodology. COUNCIL MINUTES NOVEMBER 15, 2010 - 308 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. That the General Manager of Financial Services be authorized to execute agreements, satisfactory to the City Solicitor, with Morrison Hershfield Limited and various individuals, including some City staff, assigning to the City intellectual property rights in the Project Completion and Environmental Results reports, required by the Federation of Canadian Municipalities, respecting the Consolidated Maintenance Facility Project. 7. That a by-law be enacted to amend Chapter 270 (Parks) of the City of Kitchener Municipal Code with respect to regulating a protected area within the Huron Natural Area. 8. That a by-law be enacted to regulate the parking of vehicles on private property without the owner's consent and to repeal By-law 88-170 and its corresponding amending by-laws. 9. That a by-law be enacted to amend Chapter 450 (Noise) of the City of Kitchener Municipal Code to hold occupants of dwelling units accountable for noise emanating from their residences, to address issues related to snow clearing for safety reasons and to increase the maximum fine pursuant to the By-law from $5,000 to $10,000. 10. That the Mayor and Clerk be authorized to execute the amended property tax payment deferral agreement with the owners of 300 - 400 King Street West (save and except for 320-328 King Street West) and that the grant portion of the agreement be funded from the Economic Development Investment Fund. 11. That Community Services Department report CSD-10-073 (Consolidated Maintenance Facility Project Update -November 2010), dated November 2, 2010, be received. HERITAGE KITCHENER - (meeting of October 5, 2010) 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2010-V-020, be approved to permit the demolition of the rear porch at 17 Heins Avenue in accordance with the plans submitted with the application and subject to the following condition: i. That the final building permit drawings be reviewed and heritage clearance issued by heritage planning staff prior to the issuance of a building permit. HERITAGE KITCHENER - (meeting of November 2, 2010) 1. That pursuant to Section 33 of the Ontario Heritage Act, the second revised Heritage Permit Application HPA-2010-IV-019 as submitted be refused; and, That should the applicant agree to amend Heritage Permit Application HPA-2010-IV-019 to only include the following scope of work: the installation of two roof vents on the west elevation of the drive shed; the removal of a security light on the north elevation of the drive shed; the relocation of the mail box in front of the north west corner of the front gate; and, the installation of a new light post adjacent to the north east corner of the drive shed, all at the property municipally addressed 300 Joseph Schoerg Crescent, then pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2010-IV-019 as amended be approved in accordance with the plans and supporting information submitted with the application, subject to the following condition: i. That the final design of the light post be submitted for review and heritage clearance by heritage planning staff prior to installation; and further, That Staff continue to work with the applicant in an effort to address parking needs and heritage requirements and report back to Council in March 2011. (Dealt with under Delegations and Motion Lost) COUNCIL MINUTES NOVEMBER 15, 2010 - 309 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (meeting of November 2, 2010) (Cont'd) That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2010-V-022 to permit the construction of a new duplex dwelling at the property municipally addressed 215 Old Carriage Drive, in accordance with the plans submitted with the application, be refused. (Dealt with under Delegations and Deferred for further consideration to the February 14, 2011 Council meeting) COUNCIL MINUTES NOVEMBER 15, 2010 - 310 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. CRPS-10-022 -Release of Easement -Courtland Avenue & Future Easement Release Requests Council considered Corporate Services Department report CRPS-10-022 (L. MacDonald), dated October 8, 2010. Councillor J. Gazzola questioned that in light the underground infrastructure subject to the easement is no longer in service, why a release of the easement would not be applied to all properties affected on Courtland Avenue. Ms. L. MacDonald, Director of Legal Services & City Solicitor, pointed out that the staff recommendation provides that authorization be given to Legal Services to undertake preparation and registration of appropriate documentation to release the City's rights where it may have or had an easement on title that is deemed no longer required. It was resolved: "That Legal Services be authorized to prepare and register a Transfer Release and Abandonment releasing all the rights of the City contained in Instrument No. A-30953 and a Notice of Claim registered as Instrument No. 1444347 as it affects Lot 248, Plan 262, municipally known as 464 Courtland Avenue; and, That the Mayor and Clerk be authorized to execute any and all documentation required to facilitate registration of the said release as approved by the City Solicitor; and, That Legal Services be authorized to prepare and register the appropriate Transfer Release and Abandonment releasing all rights the City may have or had in an easement as documented on title where it is deemed to be no longer required by the benefiting division of the City, and as approved by the City Solicitor; and further, That the Mayor and Clerk be authorized to execute any and all documentation required to facilitate registration of any future release of easement, deemed to be no longer required by the benefiting division of the City, and as approved by the City Solicitor." 3. CRPS-10-165 -Sign Variances Council considered Corporate Services Department report CRPS-10-165 (D. Gilchrist), dated November 15, 2010. It was resolved: "That the application of Strathallen -Alpine Capital Group Inc. (SG 2010-022 - 725 Ottawa Street South) requesting permission for each tenant in the building to have their own roof sign rather than the permitted one roof sign per building with the sign support structure to be visible rather than screened, on Part Block A, Plan 1246, being Parts 1, 2, 3 & 9, Reference Plan 58R-12353, 725 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: COUNCIL MINUTES NOVEMBER 15, 2010 - 311 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. CRPS-10-165 -Sign Variances (Cont'd) 1. That a minimum separation distance between roof signs shall be maintained at 0.6 metres. 2. That all roof signs shall be located on the sloping portion of the roof and all of the sign structure must be located within the bottom two-thirds of the roof elevation. 3. That the supporting structures of the signs shall be constructed in a colour that matches the roofing material. 4. That a Sign Permit shall be obtained from the Planning Division for all the roof signs." - and - "That the application of Trujay Holding Ltd (SG 2010-023 - 470 Highland Rd West) requesting permission to replace an existing ground supported sign with a new one that will include automatic changing copy; to be located 13m (42.65') from a residential zone rather than the required 150 m (492.12'), on Part Lot 16, Plan 1004, being Part 3, Reference Plan 58R-3418, 470 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. The existing ground supported sign that is to remain, shall be made to comply with the Sign By-law by removing any sign/sign boxes located in the 2.44 m clearance area. That the automatic changing copy portion of the replacement ground supported sign shall be limited to 8' in width and 3' in height." 4. Sign Variance - SG 2010-015 - 110 King Street East Dealt with under Delegations. 5. CRPS-10-170 -Dog Designation Appeal Committee -Appeal of Jordan Robinson Council considered Corporate Services Department report CRPS-10-170 (C. Goodeve), dated November 1, 2010. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Jordan Robinson, wherein the Committee rescinds the Prohibited Dog Designation assigned to his dog 'Bruiser' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed." 6. FIN-10-155 -Interim Financial Report -Ended September 30, 2010 Council considered Financial Services Department report FIN-10-155 (D. Chapman), dated November 3, 2010. Councillor B. Vrbanovic referred to declining financial numbers relative to the golf course operations and requested an update on the impact of economic downturn to the industry and the City's operations; as well as, mitigating steps that have been taken by the City to address declining profits. COUNCIL MINUTES NOVEMBER 15, 2010 - 312 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. FIN-10-155 -Interim Financial Report -Ended September 30, 2010 (Cont'd) Ms. P. Houston advised that the golf course operations has experienced a decline since 2008 due to a number of factors including: lower green fees, fewer tournaments / special events, adverse weather conditions and increased pricing competition within the industry. Temporary strategies were introduced as short term measures, including reduced staffing during periods of inclement weather, as well as reduced capital improvements and course maintenance. Additional measures were taken in 2010, applying a more aggressive approach through reduction of management and administrative staffing; reduced re-allocation of staff resources to off-season course maintenance; pursuit of more financially attractive contracts for retail sales operations; increased marketing through use of commissioned sales; re-introduction of unlimited play golf memberships; review of green fee structures to ensure competitiveness; and course maintenance adjustments. As part of the 2011 budget process, Ms. Houston advised that staff will be asking Council to consider a decrease in the level of dividends paid to the City from the golf course operations to reflect the decline in financial performance. A summary of the City's strategies for golf course operations was circulated to Council this date, together with an article published in the Outside the Ropes Newsletter, entitled "The Municipal Golf Subsidy: $10 A Round?", which indicates that the decline is not solely related to publicly owned golf courses but is in fact, industry-wide. Councillor B. Vrbanovic inquired if a comprehensive report on golf course operations is to come forward in 2011 and Ms. Houston confirmed that additional information will be provided for consideration as part of the 2011 budget process. It was resolved: "That the Interim Financial Report for the nine months ended September 30, 2010, as outlined in Financial Services Department report FIN-10-155, be received for information." 7. CRPS-10-172 -Exemption to Chapter 450 (Noise) -Kitchener Maslid Council considered Corporate Services Department report CRPS-10-172 (S. Turner), dated November 8, 2010. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Kitchener Masjid at 1017 Victoria Street North for their Eid Carnival on November 16, 2010, between the hours of 10:00 A. M. and 6:00 P. M."