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HomeMy WebLinkAbout2013-12-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office 356 -5040. r Iowa City —� amity Council Agenda ®m� Regular Formal CITY IOWA CITY Q December 17, 2013 - 7:00 p.m. City Hall — Harvat Hall 410 E. Washington Street gov,40n" www.icaov.ora ITEM 1. CALL TO ORDER. ITEM 1 a Roll Call ITEM 2. STUDENT CITIZENSHIP AWARDS — Shimek Elementary ITEM 2a Griffin Roach ITEM 2b Azzurra Sartini- Rideout ITEM 2c Franz Stolpen ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ITEM 3a. Approval of Council Actions, subject to corrections, as recommended ITEM 3b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 3b(1) Planning and Zoning Commission — November 7 (formal) ITEM 3b(2) Planning and Zoning Commission — November 21 (formal) ITEM 3b(3) Public Art Advisory Committee — November 7 ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 3c(1) Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront ITEM 3c(2) Class C Liquor License for Mekong Enterprises, Inc., dba Mekong Restaurant, 5 Sturgis Corner Drive, Suite 1000 ITEM 3c(3) Class C Liquor License for Legacy Independent LP, dba Ridge Pub, 1095 Silvercrest Circle ITEM 3c(4) Class C Beer Permit for Sector, Inc. dba Creekside Market, 2601 Hwy 6 East ITEM 3c(5) Class C Liquor License for Iowa City Yacht Club, L.L.C., dba Iowa City Yacht Club, 13 S. Linn St. #10 ITEM 3c(6) Class B Native Wine Permit for Cindy Ruppert, dba The Basket Cases, 601 St. Thomas Ct. by the City Clerk: ITEM 3a(1) November 25 Work Session — Strategic Planning ITEM 3a(2) November 25 Work Session — Orientation ITEM 3a(3) December 3 Special Formal Official & Complete ITEM 3a(4) December 3 Work Session ITEM 3a(5) December 3 Regular Formal Official & Complete ITEM 3a(6) December 9 Special Formal Official & Complete ITEM 3b. Receive and File Minutes of Boards and Commissions (any recommendations contained in minutes become effective only upon separate Council action). ITEM 3b(1) Planning and Zoning Commission — November 7 (formal) ITEM 3b(2) Planning and Zoning Commission — November 21 (formal) ITEM 3b(3) Public Art Advisory Committee — November 7 ITEM 3c. Permit Motions and Resolutions as Recommended by the City Clerk. (Renewal) ITEM 3c(1) Class C Liquor License for Carlos O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront ITEM 3c(2) Class C Liquor License for Mekong Enterprises, Inc., dba Mekong Restaurant, 5 Sturgis Corner Drive, Suite 1000 ITEM 3c(3) Class C Liquor License for Legacy Independent LP, dba Ridge Pub, 1095 Silvercrest Circle ITEM 3c(4) Class C Beer Permit for Sector, Inc. dba Creekside Market, 2601 Hwy 6 East ITEM 3c(5) Class C Liquor License for Iowa City Yacht Club, L.L.C., dba Iowa City Yacht Club, 13 S. Linn St. #10 ITEM 3c(6) Class B Native Wine Permit for Cindy Ruppert, dba The Basket Cases, 601 St. Thomas Ct. 1'j— December 17, 2013 City of Iowa City Page 2 ITEM 3d. Resolutions and Motions: ITEM 3d(1) LISTING AGREEMENT FOR NORTH AIRPORT - AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT 3 L 3 TO THE LISTING AGREEMENT WITH LEPIC - KROEGER REALTORS FOR THE NORTH AIRPORT SUBDIVISION TO EXTEND THE TERM FOR ONE YEAR. Comment: The North Airport Development Subdivision, aka Aviation Commerce Park, includes commercial lots, which have been marketed for sale and lease to the general public. The current listing agreement with Lepic - Kroeger Realtors expires on Dec. 31, and this resolution approves an amendment to extend it for another year. The Airport Commission will consider the amendment at its Dec. 19 meeting. Of the original 17 lots, 6 lots remain to be sold. ITEM 3d(2) IOWA RIVER RESTORATION / BURLINGTON STREET DAM MODIFICATION PROJECT - AUTHORIZING THE CITY MANAGER TO /,3 —314q SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE IOWA RIVER RESTORATION /BURLINGTON STREET DAM MODIFICATION PROJECT. ITEM 3d(3) /-3 --- 3L4 5 Comment: The Iowa Department of Natural Resources (DNR) has awarded the City a $50,000 grant for a mitigation study for the redesign of the Burlington Street Dam to enhance water quality, improve fish habitat, flood mitigation, safety and public access. There is no local match. This resolution authorizes the City Manager to accept the grant. MUNIS RECORDING OF POLICE OVERTIME - AMENDING THE 2011 PERSONNEL POLICIES BY AMENDING SECTION 9, "PERSONNEL TRANSACTIONS ", SUBSECTION F, "FAIR LABOR STANDARDS ACT (FLSA) CLASSIFICATION ", BY CHANGING THE WORK CYCLE FOR NOW EXEMPT POLICE OFFICERS FROM A 28- DAY /171 HOUR WORK CYCLE TO A 14 DAY /86 HOUR WORK CYCLE Comment: The City is in the final stages of the Munis payroll module implementation. The system is scheduled to go live beginning with the first payroll processed in 2014. After testing multiple coding options, it was discovered that Police Officer FLSA overtime calculates properly when using a 14 -day FLSA cycle rather than a 28 -day cycle. FLSA cycles used for non- exempt City employees are established by the City's Personnel Policies. Therefore, an amendment to the Personnel Policies is necessary to change the designated FLSA cycle for non - exempt Police Officers from 28 days to 14 days in order for FLSA overtime to work correctly in the new payroll software. It is anticipated that any financial impact of this change will be negligible. ITEM 3d(4) IOWA CITY DOWNTOWN DISTRICT (ICDD) BUDGET — MOTION ACCEPTING THE FY 2015 ICDD BUDGET AND DIRECTING STAFF TO INCORPORATE THE FIGURES IN THE CITY'S FY 2015 BUDGET Comment: The ICDD has submitted their FY 2015 budget in compliance with the operating agreement with the City. The motion formally accepts the district's budget and directs staff to include the previously authorized property allocation in the City's FY 2015 budget. December 17, 2013 City of Iowa City Page 3 ITEM 3e. Setting Public Hearings: ITEM 3e(1) ROCKY SHORE STORMWATER PUMP STATION — SETTING A PUBLIC HEARING ON JANUARY 7, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION 3 y 34(l OF THE ROCKY SHORE STORMWATER PUMP STATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project is one component of a collaborative regional project with the City of Coralville that is designed to protect Iowa City and Coralville businesses, University of Iowa facilities and critical infrastructure, including Highway 6. Coralville is in the process of implementing 4 projects totaling $20.3M as part of this $26.9M regional effort. Iowa City's project will involve the installation of permanent, automatic pumps to an existing stormwater structure located near the intersection of Rocky Shore Drive and Highway 6. It will also include the installation of a floodwall and permanent flood gate system north of the Rocky Shore Drive viaduct. The estimated construction cost is $6,600,000 and will be funded with an Iowa Economic Development Authority grant and a Community Development Block grant. ITEM 3f. Correspondence: ITEM 3f(1) Karen Reisetter: Build a bridge, physically and mentality [Staff response included] ITEM 3f(2) Christina Wells: Study of Fair Hiring Practices — Cemetery Manager [Staff response included] ITEM 3f(3) Michelle Johnson; Chad Johnson; Kay and Tony Weiler: Emergency Access to the Peninsula Neighborhood ITEM 3f(4) Terry and Susan Rew: Housing Issues [Staff response included] ITEM 3f(5) Acting Traffic Engineering Planner: Parking Prohibition on Emerald Street in front of Horn Elementary School END OF CON NT CALENDAR. Action: ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Community Comment will be continued, if necessary, prior to "City Council Information" item at the end of the meeting agenda. ITEM 5. PLANNING AND ZONING MATTERS. (in accordance with the City Attorney's memo of 2/28/07 entitled "Rezonings, Due Process and Ex parte communications ". Council will discuss items # 5a, b, c, d only at the formal meeting). �/z, December 17, 2013 City of Iowa City Page 4 ITEM 5a REZONING BENTON AND RIVERSIDE DRIVE — CONDITIONALLY REZONING APPROXIMATELY 2.5 ACRES OF LAND LOCATED AT 21 WEST BENTON STREET AND 820 SOUTH RIVERSIDE DRIVE FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO OVERLAY PLANNED DEVELOPMENT- COMMUNITY COMMERCIAL (OPD -CC -2) ZONE. (REZ13- 00022) [Discussion only at formal meeting] Comment: At its November 7 meeting, by a vote of 6 -0 (Freeks absent), the Planning and Zoning Commission recommended approval of this planned development rezoning. Approval will allow development of a 6 -story mixed - use building oriented toward the Iowa River and a small retail building adjacent to the existing Staples office supply store. If there is an indication that the Council will not accept the Planning & Zoning Commission's recommendation, an opportunity for a joint meeting with the Council and the Commission is required. 1. PUBLIC HEARING Action: 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Action: ITEM 5b SCHOOL DISTRICT REZONING ON SYCAMORE STREET — REZONING 15.78 ACRES FROM COUNTY RESIDENTIAL (R) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) ZONE TO INTERIM DEVELOPMENT RESIDENTIAL SINGLE- FAMILY (ID -RS) ZONE FOR PROPERTY LOCATED ON THE WEST SIDE OF SYCAMORE STREET. (REZ13- 00023) [Discussion only at formal meeting] (SECOND CONSIDERATION) Comment: At its October 17 meeting, by a vote of 5 -0 (Dyer and Martin absent), the Planning and Zoning Commission recommended approval of the annexation and rezoning of the property. Approval will allow the Iowa City Community School District to establisw el /e�y sc ool in this area. Action: ITEM 5c SCHOOL DISTRICT REZONING ON AMERICAN LEGION ROAD — REZONING 15.14 ACRES OF PROPERTY LOCATED ON AMERICAN LEGION ROAD NEAR THE INTERSECTION WITH BARRINGTON ROAD FROM COUNTY AGRICULTURE (A) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE. (REZ13- 00025) [Discussion only at formal meeting] (SECOND CONSIDERATION) Comment: At its October 17 meeting, by a vote of 5 -0 (Dyer and Martin absent), the Planning and Zoning Commission recommended approval of the annexation and rezoning of the property. Approval will allow the Iowa City Community School District to establish a new elementary school on the property. Action: � December 17, 2013 City of Iowa City Page 5 ITEM 5d i3- Lf515_ REZONING CARDINAL RIDGE, PART 4 — REZONING 3.77 -ACRES FROM INTERIM DEVELOPMENT SINGLE FAMILY (ID -RS) ZONE TO PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY. (REZ- 00024/SUB13- 00018) [Discussion only at formal meeting] (PASS AND ADOPT) Comment: At its October 3 meeting, by a vote of 6 -0 (Freerks absent), the Planning and Zoning Commission recommended approval of this rezoning. Approval will allow development of Cardinal Ridge Part 4, a 24 -lot, 8.48 acre residential subdivision. Action: ITEM 5e CARDINAL RIDGE, PART 4 —APPROVING PRELIMINARY PLAT (SUB13- 00018) /3-341 Comment: At its October 3 meeting, by a vote of 6 -0 (Freerks absent), the Planning and Zoning Commission recommended approval of this preliminary plat. Approval will allow development of Cardinal Ridge Part 4, a 24 -lot, 8.48 - acre, residential subdivision located on Camp Cardinal Road south of Kennedy Parkway. / Action: ra ITEM 5f GENERAL QUARTERS, PART 2 — APPROVING PRELIMINARY PLAT (SUB13- 00023) /3 `3q-? Comment: At its December 5 meeting by a vote of 5 -1 (Eastham voting no, Martin absent), the Planning and Zoning Commission recommended approval of this preliminary plat. Approval will allow the development of General Quarters — Part 2, a 59 -lot, 15.54 -acre, residential subdivision located east of Sycamore Street south of Sherman Drive. Action: ii �y� sr ,, December 17, 2013 City of Iowa City Page 6 ITEM 6. /3 -3`-q NORTH DODGE HY -VEE PURCHASE OF PROPERTY — APPROVING A PURCHASE AGREEMENT TO CONVEY APPROXIMATELY .75 ACRES AT THE NORTHEAST CORNER OF THE INTERSECTION OF N. DODGE STREET AND PRAIRIE DU CHIEN ROAD TO HY -VEE, INC. AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. Comment: As part of the relocation of its grocery store on N. Dodge Street, Hy- Vee, Inc. would like to purchase approximately .75 acres of land, including recently vacated portions of St. Clement's Street and St. John's alley. Exhibit B to the purchase agreement, which is attached to the resolution, is a depiction of the property. Staff has accepted the offer contingent on Council approval. Although the offer provides that Hy -Vee will not pay any cash for the land, the consideration is that Hy -Vee, Inc. will dedicate land (.53 acres) to the City for St. Clement's Street right -of -way, which will be in a better location for the public than the vacated right -of -way. Additionally, Hy -Vee will pay to create an abstract, which is typically a seller's cost. City staff are awaiting additional information from Hy -Vee. This matter may need to be continued. a. PUBLIC HEARING Action: b. CONSIDER A RESOLUTION Action: ITEM 7. UNIVER -CITY SALE, 430 SOUTH LUCAS - AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 430 SOUTH LUCAS STREET. Comment: In the UniverCity Neighborhood Partnership Program, the City 3 —3 purchases rental units located in designated neighborhoods surrounding the University, rehabilitates them, and then sells them to income - eligible buyers. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 430 South Lucas Street. The amount of the sale will be $165,000 (this is what the City paid to purchase the home) plus "carrying costs" of approximately $5,500. "Carrying costs" are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home. a. PUBLIC HEARING Action: Y 1 0 b. CONSIDER A RESOLUTION December 17, 2013 City of Iowa City Page 7 ITEM 8. FLOOD MITIGATION SALES TAX INCREMENT FUND - AUTHORIZING THE CITY OF IOWA CITY TO USE SALES TAX INCREMENT REVENUE FROM THE IOWA DEPARTMENT OF REVENUE FLOOD PROJECT FUND 13 -361 ITEM 9. J?) -352- ITEM 10 i3- LI541lP Comment: Senate File 2218 in 2012 created the Iowa Flood Mitigation Program to finance flood mitigation projects. Iowa City applied for funds to demolish the North Wastewater Treatment Plant, create up to a 5 acre wetland at the north plant site, and to stabilize stream banks near the site along Ralston Creek and the Iowa River. On December 4, 2013 Iowa City's application was approved and it was allowed to divert up to $8,497,249 in future sales tax increment funds to complete the project. A separate flood project fund is set up by the Iowa Department of Revenue (IDR) for each approved project. Before incurring expenses, The City of Iowa City must pass a resolution authorizing the use of sales tax increment revenue from our IDR flood project fund and provide a copy of the resolution to the department of revenue Action: vvwd r SOLID WASTE MANAGEMENT SERVICES - -- RECOMMENDING FIBERIGHT, LLC AS THE PREFERRED CONTRACTOR FOR THE SOLID WASTE MANAGEMENT SERVICES REQUEST FOR PROPOSALS ISSUED JULY 15, 2013. Comment: This resolution provides that Fiberight, LLC is the preferred contractor for solid waste management services for RFP #14 -05. It also authorizes City staff to determine if a contractual relationship can be entered into that is in the City's best interest. This resolution does not b o enter into a contract. Action: uMa 7 %if STORMWATER UTILITY FEE — AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. (SECOND CONSIDERATION) Comment: This ordinance provides for a rate increase to the stormwater utility fee as proposed in the FY2014 budget. A rate increase is proposed to meet the demands on the City's stormwater management program due to State and Federal regulations, maintenance on existing stormwater infrastructure and community improvements and assistance. The single family residential rate will increase fifty cents per month. The multi - family residential rate will increase twenty -five cents per month. The non - residential rate will increase fifty cents for the base rate and twenty -five cents on the multiplying ERU (Equivalent Residential Unit) rate per month. Staff requests expedited consideration. Action: / I� < O December 17, 2013 City of Iowa City Page 8 ITEM 11A. NEW DEFINITION FOR PEDICABS - ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CHANGE THE DEFINITION OF PEDICAB. (SECOND CONSIDERATION) Comment: A member of the public would like to start a pedicab business using a vehicle manufactured by Velotaxi, which is a 3- wheeled tricycle propelled by pedals with the assistance of a motor to aid the driver in pedaling up a hill. Under the City ordinance, a pedicab is defined as a vehicle "exclusively" propelled by human power. Although pedicabs are licensed by the City, they are subject to fewer regulations than cars and vans (e.g., a pedicab business does not have to be open 24/7 and does not maintain 4 taxis). This ordinance expands the definition of pedicab to include a vehicle propelled by a person with the assistance of a motor. Staff requests expedited action. � 3 Action: ! o� G�� ,J %TEV112� . C E;NT`S.v pplicants MUST reside in Iowa City and be 8 years of age unless specific qualifications are stated ITEM 12a Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2009 - December 31, 2013 plus an additional five -year term January 1, 2014 — December 31, 2018. (Term expires for Dennis Keitel). Action: v/nee ITEM 12b Airport Zoning Brd of Adjustment — One vacancy to fill a five -year term January 1, 2012 - December 31, 2016. (New full term). Action: M 9A6&2dd 4e - I ITEM 12c Appeals, Board of — One vacancy to fill a five -year term January 1, 2014 - December 31, 2018. (Term expires for Chad Campion). Action: ITEM 12d Appeals, Board of — One vacancy, for a Licensed Electrician, or a qualified trade representative (if after 3 months no professional applies or is appointed), to fill an Unexpired Term Effective upon Appointment — December 31, 2015. (Matt Neumiller resigned). Action: ITEM 12e Historic Preservation Commission — One vacancy, for a Jefferson St. representative to fill a three -year term, March 29, 2013 — March 29, 2016. (New District formed). Action: ITEM 12f Public Art Advisory Committee — One vacancy to fill a three year term January 1, 2014 — January 1, 2017. (Term expires for William Nusser). Action: I r own CITY O F IOWA CITY MEMORANDUM TO: Mayor, City Council, General Public FROM: City Clerk RE: December 17, Agenda Addition REGULAR AGENDA ITEM 11b RELOCATION APPROVAL LETTER- SUBMITTAL OF A LETTER TO THE IOWA ECONOMIC DEVELOPMENT AUTHORITY APPROVING THE RELOCATION OF CONNECTFIVE TO CORALVILLE, IOWA Comment: ConnectFive, a usability, strategy and design firm based in f� 35 Iowa City at 1210 Hwy 6 W, Suite 400 Iowa City, Iowa has applied for a financial assistance award from the Iowa Economic Development Authority (IEDA) High Quality Jobs Program. It wishes to relocate its operations to the University of Iowa Research Park in Coralville, Iowa. If a firm is seeking financial assistance and is moving its operations to another city, the IEDA requires an approval letter from the city in which it is currently based. This resolution states Iowa City does not object to the relocation of ConnectFive to Coralville. It also authorizes the City Manager to sign a letter approving the relocation once the City Manager receives a letter from the City of Coralville stating they will approve any future ConnectFive relocation back to Iowa City. December 17, 2013 City of Iowa City Page 9 ITEM 12g Senior Center Commission – One vacancy to fill an unexpired term effective upon appointment ending– December 31, 2016. (Michael Lensing resigned). Action: ITEM 13. ANNOUNCEMENT OF VACANCIES. Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated. [Staff will not publish additional notices after a period of six publications; but will continue to advertise vacancies with postings and on the Council agenda. However, no additional publication costs will be incurred.] Previous: ITEM 13a Airport Commission – Two vacancies to fill a four -year term March 1, 2014 – March 1, 2018. (Term expires for Howard Horan and Christine Ogren). ITEM 13b Historic Preservation Commission – One vacancy for the Longfellow District to fill three -year term, March 29, 2014 – March 29, 2017 (Term expires for David McMahon). ITEM 13c Historic Preservation Commission – Two vacancies for At Large Representative to fill three -year term, March 29, 2014 – March 29, 2017 (Term expires for Andrew Litton and Thomas Baldridge). ITEM 13d Public Art Advisory Committee – One vacancy to fill an unexpired term effective upon appointment – January 1, 2015. (Amanda Renaud resigned). ITEM 13e Telecommunications Commission – Two vacancies to fill a three -year term, March 13, 2014 – March 13, 2017.(Term expires for Nicholas Kilburg and Alexa Homewood). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, DECEMBER 18, 2013. New: ITEM 13f Civil Service Commission — One vacancy to fill a four -year term, April 5, 2014 - April 3, 2018 (Term expires for Lyra Dickerson) ITEM 13g Historic Preservation Commission – One vacancy, for a Northside representative to fill a three -year term, March 29, 2014 – March 29, 2017. (Term expires for Thomas Agran) APPLICATIONS MUST BE RECEIVED BY 5:00 P.M., WEDNESDAY, JANUARY 29, 2014. ITEM 14. COMMUNITY COMMENT [IF NECESSARY] (ITEMS NOT ON THE AGENDA). December 17, 2013 City of Iowa City Page 10 ITEM 15. CITY COUNCIL INFORMATION. ITEM 16. REPORT ON ITEMS FROM CITY STAFF. a) City Manager. b) City Attorney. C) City Clerk. ITEM 17. ADJOURN (to work session if necessary). C� �s