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04 17 00 Minutes this Meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL . City Council, Special Session, Monday, April 17, 2000 Council Met for Dinner at 5:00 P.M. in the Library Rotunda. At 5:39 P.M. Council met in Special Session in the Public Library Auditorium Present: Mayor Duggan, Council Members Markham, Michalski, Nicholson, Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent at Roll Call: Council Member Buol. Council Member Buol entered the Chambers at 5:41 P.M. Robbins, Cline, City Mayor Duggan read the call and stated this is a Special Session of the City Council called to conduct a joint session with the Historic Preservation Commission. Historic Preservation Commissioners Ken Kringle, Terry Mozena, Jim Gibbs, Susanne Guinn, Pam Bradford, were in attendance with Chair Ken Kringle and Commissioners Terry Mozena and Jim Gibbs speaking of the review and update of the Historic Preservation Ordinance. There was a discussion of the various elements of the proposed Ordinance. Direction was given to remove mention of an additional staff position in the problem solving process steps and also to substitute the word "explore" for "approve" for Section B Nos. 1 through 5; and to seek public input on proposed changes. . At 6:30 P.M. upon consensus Council adjourned this Special Session. Jeanne F. Schneider, City Clerk Board of Health, Monday, April 17, 2000, 6:32 P.M., Public Library Auditorium Present: Chairperson Duggan, Board Members Buol, Markham, Michalski, Nicholson, Robbins, Cline. Chairperson Duggan read the call and stated this is the regular quarterly meeting of the Health Board called to act upon such business as may come before the Board. Health Specialist Mary Rose Corrigan submitted an update on the status of the Board of Health. Upon consensus the Health Board adjourned at 6:33 P.M. Jeanne F. Schneider, City Clerk . City Council, Regular Session, April 17, 2000 Council met at 6:33 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Cline. City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of acting upon such business which may properly come before the Council. Invocation was given by Pastor Glen D. Larsen, Jr. of the Immanuel Congregational United Church of Christ. PROCLAMATIONS: Fair Housing Month - April, 2000 received by Human Rights Commission Chair j Thom Determan; Community Development Week - April 24 - 30, 2000 received by Community and Economic Development Director Jim Burke; Arbor Day - April 29, 2000 received by City Forester Steve Pregler; Sertoma Candy Days - May 12 and 13, 2000 received by Harry Althaus. Minutes Submitted: Civil Service Commission of 3/22; Community Development Advisory Commission of 3/21; Environmcntûl.stewaffiship Advisory Commission of 4/4; Housing Commission Trust Fund Committee of 3/15; Library Board of Trustees of 2/24; Park and Recreation Commission of 3114, upon motion received and filed. Pr:aD.Loi--Publioation of Counsil Proceedings--foI3/20TOD; and List of Claims---~ Summary of Re\lpnlles for month ending~-'f,.200.0Tupor+-lJ\()tion received and filed. Printed Official Proceedings for month of January, 2000, upon motion approved as printed. /Finance Director submitting Financial Report for March, 2000, upon motion received and filed. véity Manager submitting the Quarterly Investment Report, upon motion received and filed. Notice of Claims/Suits: Michael Nichols in estimated amount of $53.95 for vehicle damage; Patricia K. Ruden in estimated amount of $1,872.38 for vehicle damage; Herb Klinkhammer in undetermined amount, upon motion referred to the Legal Dept. for investigation and report. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services J' of Iowa, the agent for the Iowa Communities Assurance Pool: vehicle damage claim of Craig and Cindy Van Hove, upon motion received and filed. ¡Corporation Counsel recommending settlement of property damage claim of Stephen O'Hea in the vi amount of $100; and vehicle damage claim of Brad Plummer in the amount of $77.82, upon motion approved recommendations and Finance Dept. to issue the proper checks. Communication of Reverend Kristian Kincaid submitting his resignation from the Human Rights Commission, upon motion received and filed and accepted resignation. Communication of Public Health Specialist Mary Rose Corrigan requesting that the position of Sarah Schneider on the Environmental Stewardship Advisory Commission be declared vacant, upon motit received and filed and declared position vacant. 2 Communication from Mike Steve submitting his resignation from the Plumbing Board, upon motion , received and filed and City Manager given direction to look into the relationship between the ,/ Plumbing Board and City staff. _/communication of Merlin Green regarding transportation issues in the area, upon motion referred to the City Manager. ¡Communication of Gary D. Junso, Vice President, Human Resources for John Morrell & Co., submitting Warn Act Notification to the City of Dubuque, upon motion received and filed. Communication of Alan Manternach, Chairperson of the Dubuque County Board of Supervisors, -j supporting the City of Dubuque Land and Water Conservation Fund Grant application for the Riprow Valley Restoration Project, upon motion received and filed. J Civil Service Commission certifying the list of eligible candidates for the position of Inspector II, upon motion resolved to make this a matter of record. City Manager recommending approval of an agreement with the Four Mounds Foundation to provide jthe summer day camp program as part of the Uptown Recreation Program, upon motion received and filed. jCity Manager recommending approval of an agreement with ISU Extension Services to provide the summer programs as part of the Uptown Recreation Program, upon motion received and filed. - City Manager recommending approval of the Iowa Department of Transportation Agreement for STP j Funding for landscaping along the Northwest Arterial, upon motion received and filed and approved recommendation. -jRequest of the Dubuque Diamond Jo Casino to conduct a fireworks display on Monday, May 29, 2000 (rain date of May 30, 2000), upon motion received and filed and approved request. City Manager recommending approval of an application to the U.S. Department of Housing and J Urban Development to participate in the Section 8 Housing Voucher Program, upon motion received and filed. Buol moved adoption of Resolution No. 142.00 Authorizing the Mayor to execute an application to participate in the Section 8 Housing Voucher Program. Seconded by Nicholson. Motion carried 7-0. jCity Manager recommending approval of financial assistance to Opening Doors for the Maria House tmnsitional housing project, upon motion received and filed and approved recommendation. City Managor recommending approval of a lease agreement with the Iowa Department of J Trm1sportation to allow construction of a parking lot below US 6111 51 bridge, upon motion received . I1nd filod. Bliol moved adoption of Resolution No. 143-00 Approving Commercial Airspace Lease Anrool11ont witl1 the Iowa Department of Transportation relating to the construction of a parking lot 3 for automobile and light truck parking below elevated US 6111 51. Seconded by Nicholson. carried 7-0. MotK>n . City Manager recommending acceptance of the Oak Meadows Sanitary Sewer Project, upon mot; jreceived and filed. Buol moved adoption of Resolution No. 144-00 Accepting sanitary sewer in O~_. Meadows Second Addition. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an agreement and partial release with Amoco Oil Company related to construction of the Seippel Road and their easement for a pipeline, upon motion received J and filed. Buol moved adoption of Resolution No. 145-00 Approving agreement and partial release with the Amoco Oil Company relating to the platting of Seippel Road in Section 31, T89N, 5th P.M., Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of the assignment of leases with Dubuque Terminals, Inc., to the Peavy Company, upon motion received and filed. Buol moved adoption of Resolution No. j 146-00 Authorizing the assignment of certain leases between the City of Dubuque, Iowa, and Dubuque Terminals, Incorporated to the Peavy Company. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of the wage plan and compensation package for non- -j bargaining unit employees, upon motion received and filed. Buol moved adoption of Resolution No. 147-00 Approving the wage plan and compensation package for non-bargaining unit employees. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of the final plat of Forest Grange Subdivision, upon motion / received and filed. Buol moved adoption of Resolution No. 148-00 Approving the final plat of Lots -V 18, 19, 20, 21 and 22, Forest Grange Subdivision, in Dubuque County, Iowa. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of the utility relocation costs for the Old Main Freeway Frontage Improvement Project, upon motion received and filed. Buol moved adoption of Resolution J No. 149-00 Approving final payment to Interstate Power Company, now known as Alliant Energy, US West Communications, TCI of Iowa, Inc., now known as ATT Cable Services, and Steve Ulstad Architects for the Old Main Freeway Frontage Improvement Project and requesting final reimbursement of Intermodal Surface Transportation Efficiency Act (ISTEA Enhancement Funds). Seconded by Nicholson. Motion carried 7-0. City Manager recommending selection of IIW as the engineering consultant for the extension of Chavenelle Road, upon motion received and filed. Buol moved adoption of Resolution No. 150-00 .J Approving the selection of IIW Engineers & Surveyors, P.C. for the design and construction of the westerly extension of Chavenelle Road and authorizing the City Manager to execute an appropriate contract for said study. Seconded by Nicholson. Motion carried 7-0. 4 Communication from the State Historical Society of Iowa advising that Four Mounds will be , .jconsidered for nomination to the National Register of Historic Places, upon motion received and filed. . Buol moved adoption of Resolution No. 151-00 Granting issuance of Class "LA" Beer/Liquor License to Dubuque Loyal Order of Moose #355; and Class "c" Beer/Liquor License to Dukes Place, Central Tap, Olive Garden Italian Restaurant, Idle Hour, Noonan's Tap, and West Dubuque Tap and J Resolution No. 152-00 Granting issuance of Class "c" Beer Permit to Plaza 20 Amoco and Wareco #662; and Class "B" Beer Permit to Dubuquefest, Main Street Event (Tent A), and Main Street Event (Tent B). Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: Long Range Planning Commission: Applicants: Chris Curfman and John F. Michalski Mr. Curfman and Mr. Michalski both spoke requesting consideration for appointment. APPOINTMENTS to the following Boards/Commissions: Civil Service Commission: Applicant: Richard Wertzberger. Mayor Duggan appointed, with approval of Council, Mr. Wertzberger to the Civil Service Commission for a four year term which will expire 4-6-04. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. 8 Proof of Publication on Notice of Public Hearing to consider disposing of City's interest in Lot 2 of 6 of Mineral Lot 322, Dubuque, Iowa and communication of City Manager recommending approval J of the disposition of the City's interest in Lot 2 of 6 of Mineral Lot 322 to Dubuque Stamping and Manufacturing, upon motion received and filed. Dave Spahn from Dubuque Stamping Co. spoke requesting this property. Buol moved adoption of Resolution No. 153-00 Disposing of City interest in Lot 2 of 6 of Mineral Lot 322, Dubuque, Iowa. Seconded by Markham. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider an amendment to the Dubuque Yacht Basin Lease and communication of City Manager recommending approval of amendments to the lease agreement between the Dubuque Yacht Basin, Inc., and the City of Dubuque, Iowa, upon motion received and filed. J Attorney Art Gilloon representing Shanley's spoke appreciatively of the City's approval. Markham moved adoption of: Resolution No. 154-00 Approving third amendment to lease agreement dated April 8, 1970 (Lease Area A); Resolution No. 155-00 Approving first amendment to lease agreement dated February 5, 1974 (Lease Area B); Resolution No. 156-00 Approving first amendment to lease agreement dated November 23, 1987 (Lease Area C). Seconded by Nicholson. Motion carried 7-0. . 5 Proofs of Publication on Notice of Hearing on Plans and Specs and Notice of Hearing to Property. Owners on Resolution of Necessity for 2000 P.C. Concrete Paving Project - No.1 consisting of College Street, Parkway, Douglas, and Langworthy from College to Booth. upon motion received and J filed. Robbins moved adoption of Resolution No. 157-00 Adopting plans and specs for projer- Resolution No. 158-00 With respect to the adoption of the Resolution of Necessity proposed for l. project; Resolution No. 159-00 Ordering bids. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Fengler and Kerper Intersection Project and recommendation of City Manager to award contract, upon J motion received and filed. Robbins moved adoption of Resolution No. 160-00 Adopting plans and specifications for project and Resolution No. 161-00 Awarding the Contract for the project to Tschiggfrie Excavating, Inc" in the amount of $204,219.30. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of Public Hearing on amendment to the Fiscal Year 2000 budget and jCOmmunication of City Manager recommending adoption of the amendment, upon motion received and filed. Robbins moved adoption of Resolution No. 162-00 Amending the Fiscal Year 2000 Budget. Seconded by Nicholson. Motion carried 7-0. JUpon motion the rules were reinstated limiting discussion to the Council. Rick Beecher requesting to address the Council regarding a waiver of a City ordinance, upon motion Jmoved to amend the Ordinance to allow consumption of alcohol and bringing in of coolers in Gi'" Park between noon and 5:00 o'clock p.m. Rick Beecher, 2764 Hickory Hill Court, spoke request' this one time only amendment. City Manager recommending approval of a right-of-way encroachment at 2206 Central Avenue for installation of a projecting sign, upon motion received and filed. Ordinance No. 35-00 Authorizing The Fischer Companies to construct a projecting sign at 2206 Central Avenue, presented and read. J Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. ,/City Manager recommending the selection of Veenstra & Kimm, Inc., as the consultant for the Heritage Trail Extension Project, upon motion received and filed and approved recommendation. City Manager requesting that a worksession be scheduled for May 1, 2000 to discuss the Community Transportation Study, upon motion received and filed and approved request setting Worksession for 5-1-2000 at 5:30 P.M. J City Manager recommending adoption of a modified weight limit for the Brunskill Road and Louise Lane Bridges, upon motion received and filed. Ordinance No. 36-00 Amending Section 32-185\ of the City of Dubuque Code of Ordinances prohibiting heavy vehicles on certain bridges by adding 6 Brunskill Road Bridge and Louise Lane Bridge, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council jMeetings prior to the meeting at which it is to be finally passed be suspended and further moved . final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager and the Environmental Stewardship Advisory Commission recommending that the Deer Management Plan be continued, upon motion received and filed communications and approved recommendation. John Bennett, of the Environmental Stewardship Commission, and Paul Schultz j of City Staff, spoke stating that the southern part of the City still has more deer and may need other alternatives to alleviate the problem. Joe Hinderman, 2848 Beacon Hill, spoke of the success of this program thus far. City Manager recommending approval of the assignment of a lease from Arcadian Corporation to Dubuque Terminals, Inc., an amendment of a Lease between the City of Dubuque and Dubuque jTerminals, Inc., and an agreement between the City of Dubuque and Dubuque Terminals, Inc., upon motion received and filed. Buol moved adoption of Resolution No. 163-00 Consenting to a lease agreement by PCS Nitrogen Fertilizer, LP to Dubuque River Terminals, Inc. and Resolution No. 164- 00 Approving an Amendment to Lease and Agreement between the city of Dubuque and Dubuque Terminals, Inc. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of the Five Year Agency Plan to be submitted by the Housing Department to the US Department of Housing and Urban Development (HUD), upon motion received and filed and approved recommendation. 8 Zoning Advisory Commission advising of their approval to rezone property located at the corner of Nevada Street and YM-YWCA Drive from OR Office Residential to R-1 Single Family, upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northeast corner of Nevada Street and YM-YWCA from OR Office Residential District to R-1 Single -Family Residential District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property located at 511 Garfield Avenue from R-2A Alternate Two-Family Residential to OR Office Residential, upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 511 Garfield Avenue from R-2A Alternate Two-Family Residential District to OR Office Residential District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and . further moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of May, 2000 7 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner' prescribed by law. Seconded by Markham. Motion carried 7-0. Zoning Advisory Commission advising of their approval of a request to rezone property from t ~ Agricultural and R-1 Single Family to PUD Planned Unit Development with a PO Planned Office å. a PR Planned residential designation, upon motion received and filed. An Ordinance Amending the Zoning Ordinance of the City of Dubuque by reclassifying hereinafter described property located at 3030 Brunskill Road from AG Agricultural and R-1 Single Family Residential Districts to PUD Planned Unit Development District with a PO Planned Office District and a PR Planned Residential District Designation and Adopting a Conceptual Development Plan, with Conditions, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended. Seconded by Buol. Carried by the following vote: Yeas--Duggan, Cline, Markham, Nicholson, Robbins, Buol. Nays--Michalski. Markham moved that a Public Hearing be held on the proposed Ordinance on the 15th day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Zoning Advisory Commission advising of their denial to rezone property located at 3966 Asbury Road from AG Agricultural to R-1 Single Family Residential, R-3 Moderate Density Multi-Family Residential and C-2 Neighborhood Shopping Center District, upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3966 Asbury Road from AG Agricultural to R-1 Sing In Family Residential, R-3 Moderate Density Multi-Family Residential, and C-2 Neighborho Commercial Shopping Center District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Zoning Advisory Commission advising of their approval to amend the Dubuque Industrial Center Planned Industrial District to allow construction of common driveways to serve adjacent properties, upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by repealing Section 2, Attachment C-4 of Ordinance 69-98, and enacting a new Section 2, Attachment C-4 in lieu thereof pertaining to allowing common drives between lots for the PI Planned Industrial District for Dubuque Industrial Center, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two' Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 8 Zoning Advisory Commission advising of their approval of a text amendment pertaining to the City Council's public hearing process for rezonings and text amendments, upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by amending . Section 6-1.4 Commission Action and Section 6-1.5 Council Action, pertaining to zoning reclassifications and text amendments, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1 st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. City Manager submitting documents for the Fiscal Year 2001 AC Paving Project and recommending that a public hearing be set for May 15, 2000, upon motion received and filed. Buol moved j adoption of: Resolution No.165-00 Preliminary approval of plans and specs for project in estimated amount of $400,131.34; Resolution No. 166-00 Fixing Date of Hearing on plans and specs for May 15, 2000; Resolution No. 167-00 Ordering Bids and directing Clerk to advertise. Seconded by Markham. Motion carried 7-0. City Manager requesting that a public hearing be set for May -1, 2000 to consider the issuance of $3,000,000 General Obligation Bonds for expansion of the Fifth Street Parking Ramp, upon motion J received and filed. Markham moved adoption of: Resolution No. 168-00 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Bonds (for an 8 essential corporate purpose) of Dubuque, Iowa, and providing for publication of notice thereof, and further set a Public Hearing for May 18, 2000 in the Public Library Auditorium at 4:00 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. City Manager recommending that the time frame for the public bidding procedures for construction of the Third Street Ramp be extended and that the public hearing be reset for May 15, 2000, upon -J motion received and filed. Michalski moved adoption of: Resolution No. 169-00 Amending date of hearing on plans and specifications; Resolution No. 170-00 Amendment to order bids. Seconded by Robbins. Motion carried 7-0. At 8:11 upon motion it was resolved to go into Closed Session re: Pending Litigation (Iowa Code §21.5{1)(c). At 8:19 Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:20 P.M. Jeanne F. Schneider, City Clerk . 1t 4/26 9 TO: JEANNE F. SCHNEIDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, APRIL 17, 2000, AT 5:30 P.M., IN THE PUBLIC LIBRARY AUDITORIUM TO CONDUCT A JOINT SESSION WITH THE HISTORIC PRESERVATION COMMISSION. Terrance M. Duggan, Mayor 4/17/00 TO: JEANNE F. SCHNEIDER SECRETARY YOU ARE HEREBY DIRECTED TO CALL THE QUARTERLY BOARD OF HEALTH MEETING TO BE HELD ON MONDAY, APRIL 17, 2000 AT 6:25 P.M. FOR THE PURPOSE TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE BOARD. Terrance M. Duggan, Chairperson TO: JEANNE F. SCHNBDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, APRIL 17, 2000, AT 6:30 P.M., IN THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL. Terrance M. Duggan, Mayor 4/17/00