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Zoning 2800 Rhomberg SpiegelPrepared by: Laun~ Cars~ens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2800 RHOMBERG AVENUE FROM CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance)of the City of Dubuque Code Of Ordinances is hereby amended by amending by reclassifying the hereinafter described propen'y from CR commercial Recreation Distdct to PUD Planned Unit Development District ~ a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Tollbridge Place, and to the centedine of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned proper[7 owner agrees to the following conditions, all of which.the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: Use Re~lulations. The following regulations shall apply to all uses made of land in the above- described PUD District: 1) Principal permitted uses shall be limited to 65 condominium units and a community center. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk ReRula§ons. Development of land in the PUD District shall be regulated as follows: Ordinance No. -03 Page 2 I) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 740 feet above mean sea level. Performance Standards, The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5,5 of the Zoning Ordinance and the following standards: 1) The property owner shall be responsible for securing all required state and federal permits and in compliance with regulations pertaining to the environment and Endangered Species Act, 2) Adequate erosion control shall be provided dudng all phases of construction. 3) Off-street parking shall be provided as shown on the approved conceptual plan. 4) Storm water control facilities will be installed as per City Engineering requirements. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. Open Space and Recreational Are~-~ Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. Si.cln ReQulations. Signs in the PUD District shall be regulated in accordance with the R-3 sign regulations of the Zoning Ordinance. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee Ordinance No. Page 3 -O3 acknowledges awareness of the conditions authorizing the establishment of the district. Reclassification of Subiect Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to CR Commercial Recreation District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. Recordin.q. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of .,2003. ATTEST: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. -03 I, A.J. Spiegel, property owner, having read the terms and conditions of the foregoing Ordinance No. - 03 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of ,2003. By:. A. J. Spiegel ESA Basics Over 25years of protecting endangered species %V~n the ~ndangared Spedes Act [BSA) ~as passed hi 1973, it represented ~s mnmm about ~e dec~e of ~e s~d~ ~o~d ~e world. r~ ~ one of ~e m~t m~eh~s~ ~d~e comervaaon hws world. The purpose of the BSA is to conserve "the emsystems upon which endangered and ~ened species depend' and to cmasexwe and recover listed species. Under the law, species may be listed as e/ther ~endangered' or "threatened". Endangered means a species is in danger m%xtincl~on throughout all or a ~C~ant portion of its range. Threatened means a species is likely to bermne endangered within the fm~eSeeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or As of August 31, ~02,1,818 spedes are lisirefi, of which 1,260 are U.S. spedes. The fist covers mammals, birds, reptiles, amphibians, fishes, maids, dams/mussels, m-ustaceans, insects, arachrdds, and plants. Groups with the mast listed species are (in order) plains, mammals, birds, fishes, reptiles, and cbms/mnssels. · helaw is administered by the Interior Department's U.S. Fish and Wildlife Service (FWS) and the Commerce Depfat huent's National Marine Fisheries Service. The FWS has primary mSl~asibility for terrestrial and freshwater organisms, while the National Marline Fisheries Service's ~espom~rOilities are mainly for marine ~ such as salmon and whales. The 1973 Endangered Species Act replaced earlier lag~ enacted in 1966 and 1969, wt-dch provided for a list of endangered species but gave them little meaningful protectien. The 1973 law has been reanthotized seven times and amended on several occasions, most recently in 1988. The Endangered Species Act was due for reauthor~zatian again in 1993, but legislation to reauthorize it has not yet been enacted. The Endangered Species program has continued to receive appropriations while Congress considers rnauthorization, allowing conservation actions for threatened and endangered species to continue. The Endangered Species Act is a complex law with a great deal of bulit-in flexibility. Some basics of the law include: Purpose When Congress passed the Endangered Species Act in 1973, it recogrdzed that many of our nation's native plants and animals were in danger of becoming extinct. They further expressed that our rich natural heritage was of "esthetic, ecological, educational, recreational, and scientific value to our Nation and its people." The purposes of the Act are to protect these endangered and threatened spades and to provide a means to conserve their ecosystems. Federal Agencies All federal agencies are to protect spades and preserve their habitats. Federal agencies must utilize their authorities to conserve listed species and make sure that their actions do notjenpardize the continued existence of listed spedes. The FWS and the National Marine Fisheries Service work with other agancies to plan or modify federal projects so that they will have minimal impact on listed species and their habitat. Wo~i~g with Stat~ --S~io~ 6 The protection of species is also achieved through partnerships wqth the States. Section 6 of the law encourages each State to develop and maintain conservation programs for residant federally-listed threataned and endangered Bald eag/e Core/C~C,D. photo species. Federal financial assistance and a system of incentives are available to attract State participation. Some State laws and regulations are even more restrictive in gran6ng exceptions or permits than the coITent ESA. Working with non-Federal landowners, the Ser,A~ provides financial and technical assistance to landowners to implement mmmgament actions on their lands to benefit listed and non'steal species. Local Inselvemem The protection of federally listed species on Federal lands is the first priority of the FWS. yet, many species occur partially, extensively or, in some cases, exclusively on private lands. Policies and incantives have been developed to protect private landox~mers' interests in their lands while encouraging them to menage their ~ands in ways that benefit endangered spedes. Much of the progress in recovery of endangered species can be a~buted to public support and ira~lvemant i ;.~'-,,~ --Session 4 ~des ~ ~te~ an ~e ha~ of ~ ~en~c ~ co~ da~ ~ble.' L~gs are made solely on ~ b~ ~ ~e spies' hioto~c~ mms~d ~eam to iB e~sten~. In ~e ~m~, a s~es w~ch cl~ly ~b~ ~ en~gered or ~mt~ed ~ ~ due m ff~ of ~. ~e ~S d~d~ ~ ~ ns~g ~d ~mm ~d peer ~ew m em~e ~e acmracy of ~e best The FWS also maintains a list of ~candidate ' spedes. ~[hese are species far which the Service has enough ~ufarmatiun to warrant proposing them for listing as endangered or threatened, trat these spades have not yet been proposed for listing. 23aa FWS works w~h States and private partners to carry out conservation actions for mndidete species to prevent their further decline and possibly eliminate uhe need to list them as endangered or ~ ~Sec~ion 4 The law's ultimate goalis to "recover" species so they no longer need protection under the Endangered Species Act~ The law provides for recovery plans to be developed describing the steps needed to restore a species to bealtt~ Appropriate public and pr/rate agencies and institutions a~d other qualified persons assist in the development and implementation of recnvery plans. Involvement of the public and interested "stakeholders" in development of recovery plans is encouraged. Recovery teams may be appoi~ed to develop and implement recovery plans. Tiaa lav~ requires federal agencies to consult with the Fish and Wildlife Service to ensure that the at'dons they authorize, fund, or carry out will not jeopardize listed spedes. In the relalSvely few cases where the FWS determines the proposed action will jenpardize the species, they must issue a 'biological opinion" offering ~reasonable and prudent alteruatives~ about how the proposed action rould be modified to avoid jeopardy to listed species. It is a very rare exception where projects are withdrawn or terminated because of jeopardy to alisted species. Critical Habitat --Section 4 The law provides for designation of "critical habitat" for listed species when judged to be "prudent and determinabla'. Critical habitat includes geographic areas "on which are found those physical or biological features essential to the conservation of the species and which may require special management consideratinns or protection." Critical habitat may include areas not occupied by the species at the time of listing but that are essential to the conservation of the spades. Critical babitat designations affect only federal agency actions er federally funded or permitted activities. International Species ~ 8 The Endangered Species Act is the law that implements U.S. participation in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a 130-nation agreement designed to prevent spades from becoming endangered or extinct because of international trade. The law prohibits trade in listed species except under CITES permits. £xem~*mes --Section 10 The law provides a process for exempting development projects from the restrictions of the Endangered Species Act. This process permits completion of projects that have been determined to jeopardize the survival of a listed spades, if a Cabinet-level "Endangered Species Committee" decides the benefits of the project clearly outweigh the benefits of conserving a species. Since its creation in 1978, the Committee has only been convened three times to make this decision. Habitat Consenmtion Plans --Section 10 This provision oftbe ESA is designed to relieve restrictions on private landowners who want to develop land inhabited by endangered species. Private landowners who develop and implement an approved "habitat conservation plan" provid/ng for conservation of the species can rece/ve an "incidental take permiff that allows their development project to go forward. D~tinition o[ "Take" ---Section 9 Section 9 of the Endangered Species Act makes it unlawful for a person to "take" a listed species. The Act says "The term take means to harass, harm, pursue, hunt, shoat, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." The Secretary of the Interior, through regulations, defined the term "harm' in this passage as "an act which actually kills or injures wildlife. Such act mayindude si/~fficant habitat modification or degradatk)n where it actually kills or injures wildlife by significantly impairing essential behavioralpotmrns, induding breeding, feeding, or sheltering. ~ Compliance with Other taws The Endangered Spoclas Act is not the only law to protect species of wild mammals, birds, reptiles, amphibians and fishes, clams, snails, insects, spiders, crustaceans, and plants. There are many other laws with enforcement provisions to protect declining populations of rare species and their habitat, such as the Marine Mammal Protection Act. the Migratory Bird Treaty Act, and the Anadromous Fish Conservation Act. The Lacey Act makes it a federal crime for any person to import, export, transport, sell, receive, acquire, possess, or purchase any fish, wildlife, or plant taken, possessed transported or sold in violation of any Federal, State, foreign or Indian tribal law, treaty, or regulation. For I/lore Init'mn For additional information about threatened and endangered species and current recovery efforts, contact the U.S. Fish and Wildlife Service at the address below. Additional materials and the current U.S. List of Endangered and Threatened Wildlife and Plants is also available over the Intornet at hr~p:// endan~.red.~,5.,qov. US, Fifl~ & ~iklli[~ ~ 4,101 N, Faidax Dflve, Roem 420 ~lington, VA 22203 Endangered Species Fact Sheet Bald Eagle Other Protections if Delisted The Bald and Golden Eagle Protection Act The Lacey Act 'lhe Migratory Bird Treaty Act The bald eagle will continue to be protected by the Bald and Golden Eagle Protection Act if it is delisted under the Endangered Species Act. This law, originally passed in 1940, provides for the protection of the bald eagle and the golden eagle (as amended in 1962) by prohibit- ing the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16U.S.C 668(a); 50 CFR 22). "Take" includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb (16U.S.C. 688(c); 50 CFR 22.3). The 1972 amendments increased civil penalties for violating provisions of the Act to a maximum fine of $5,000 or one year imprisonment with $10,000 or not more than two years in prison for a second conviction. Felony convictions carry a maximum fine of $250,000 or two years of imprisonment. The ]Yme doubles for an organization. Rewards are provided for information leading to arrest and conviction for violation of the Act. Protections provided by The Lacy Act will continue if the bald eagle is delisted. This law, passed in 1900, protects bald eagles by making it a Federal offense to take, possess, transport, sell, import, or export their nests, eggs and parts that are taken in violation of any state, tribal or U.S. law. It also prohibits false records, labels, or identifica- tion of wildlife shipped, prohibits importation of injurious species and prohibits shipment of fish or wildlife in an inhumane marmer. Penal- ties include a maximum of five years and $250,000 l~me for felony convictions and a maximum $10,000 IFme for civil violations and $250 for marking violations. Fines double for organizations. Rewards are provided for information leading to arrest and conviction for violation of the Act. The Migratory Bird Treaty Act is a federal law that carries out the United States' commitment to four international conventions with Canada, Japan, Mexico and Russia. Those conventions protect birds that migrate across international borders. The take of all migratory birds, including bald eagles, is governed by the Migratory Bird Treaty Act's regulations. The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, possession, transpor- tation, and importation of migratory birds, their eggs, parts, and nests except as authorized under a valid permit (50 CFR 21.1 I). The Migratory Bird Trea Act (contd.) Additionally, the MBTA authorizes and directs the Secretary of the Interior to determine if, and by what means, the take of migratory birds should be allowed and to adopt suitable regulations permitting and governing take (for example hunting seasons for ducks and geese)~ Penalties under the MBTA include a maximum of two years imprison- ment and $250,000 t~me for a felony conviction and six months impris- onment or $5,000 fme for a misdemeanor conviction. Fines double if the violator is an organization rather than an individual. The MBTA and its implementing regulations provide authority for the conserva- tion of bald eagles and protect against take if the Endangered Species Act protections are removed. Peregrine Falcon (Falco peregrinus) The peregrine falcon is one of nature's swiftest and most beautiful birds of prey. Its name comes from the Latin word peregrinus, meaning "foreigner" or 'Yraveler. " This impressive bird has long been noted for its speed, grace, and aerial skills. No~ it is also a symbol of America's recovering threatened avid endangered species. Tl~ree subspecies of the peregrine fal~ni~mbit North America: the Americau (Fatco pereg~n~s anat~m), Arctic (Faleo peregri~,us tundrius) , and Peale' s (Faleo peregrinus pealei). Peregrine falcons are roughly crow- sized--about 15 to 21 inches long--with awingspan of about 40 inches. As with many raptors, or birds of prey, females are larger than males. Adults have slate bine-gray wings and backs barred with b~ck; pale undersides; white faces with a black sgri_pa on each cheek; and Large, dark eyes. Younger birds are darker P~ne falcons live mostly along ranges, river valleys, and eoasfliues. Historically, they were most common in parts of the App~ehian Mount21ns and nearbyvalleys from New England south to Georgia, the upper Mississippi River Valley, and the Rocky Mountains, Peregrines also inhabited mountain ranges and islands along the Pacific Coast from Mex/co north to Alaska and in the Arctic tundra The peregrine falcon also is found in other parts of the world. Most peregrines from northern Alaska, Canada, and Creealand migrate in the fall to Central and South Americ~ On the way, they often hunt along the barrier islands on the Atlantic and Gulf of Mexico coasts. Peregrines ~Jmt. nest south of Canada migrate lesser ~a~a~mes, and some du not mlgeato at all. Peregrine falcons generally reach bree~l~g maturity at 2 years of age. U~l~ the male arrives at a nesting ~to and begins a series of aerial tr~a,'olmtie displays to at'a'ast a mate. An aveamge elu~h of four eggs is laid in the q~r'mg, hatching about a month later. Peregrines vigorously defend their nests, although they may abandon them i~ severely or eanginuously harassed. The nest is a scrape or depression dug in gravel on a cliff ledge. Rarely, peregrines will nest in a tree cavity or an old stick nest~ Some peregrines have read~ancepted mammade structures as la'eeding sites. For example, sk~ca~aper ledges, tall towers, and bridges serve as the urban equ~dent of a eliffledge. In 1988, 21 nesting pairs of peregrines in various urban areas throughout Nerth America successfully t~edged mere than 40 yoang. Perag~ falcons feed primarily on o~er birds, such as songbirds, slmrebirds, ducks, and--in urban areas--starlings and pigeons. Flying high above their intended ~ peregrines will "stoop" or dive and str~e in mid-air, killing the prey with a sharp blow Scientists estimate the speed of a divln~ peregrine to be more than 200 miles per hour Peregrine falcons have never been very abumiant~ Studies in the 1930s and 1940s estimated that there were about ~00 breeding pairs of peregrine falcons in the eastern Udited States and aboat L000 pairs in the West and Mexico. Then, begirming in the late 1940S, peregrine falcons suffered a devastating and rapid decline. Bythe mid-1960s, the species had been elhdmated from nearly all of the castem U.S. Although less severe, the decline sprend west, where peregrine populations were reduced by 80 to 90 percent by the mid-1970s. At that time, only the populations of Peale's falcons nes~g along the north Pacific Coast in Al~gka and British Columbia appeared to be stable. ~ientists at the U.S. Fish and PFddiife Services Patuxant W~diife Research Cantor neas Laurel, Maryland, began ~vestigating the ~e's decline. They found unusually high concentrations of the pesticide DDT and its breakdown product DDE in peregrine falcons and other birds of prey, The peregrines accumulated DDT in their tissues by feeding on bh~ls that had eaten DDT-contamtaatad insects or seeds. The toxic chemical interfered with eggshell formatior. As a result, falcons laid eggs with shells so thin they often broke during incubation or otherwise failed to hatch. Because too few young were raised to rep]ace adults that died, peregrine pepulatioas decimed precipitously. In 1970, the American and Arctic peregrine falcon subspecies were listed as endangered under the Endangered Species Conservation Act of 1969 (the law preceding the Endangered Species Act of 1973), refler~ng their critical biological status. Because DDT and other pesticides were not used in the areas where Peale's peregrines live, these falcons declined to a lesser degree and were not listed. In addition, Peale's peregrines were not suscepla~ble to picking up DDT in other areas because they do not migrate and feed largely on non-migsatory prey. In 1972, under the authorizes granted by the Federal Insecticide, Fungicide, and Redenticide Act (FIFRA), the Environmental Protection Agency (EPA) banned DDT for most uses in the U.S. However, DDE residues ave still found in some areas of the country and DDT continues to be used in many Latin American countries where some peregrines and prey spend the winter The Fish and Wildlife Service established peregrine falcon recovery teams composed of Federal, state, and independent biologists to recommend actioas necessary to restore peregrines in the U.S. As part of recovery efforts, scientists at Cornell University successfully brad and raised peregrine falcons in captivi~.. Under a cooperative effort among the Fish and Vfildlife Service, state wildlife agencies, The Peregrine Fund, Santa Cruz Predatory Bird Research Group, and the Midwestern Peregrine Resteratian Preject, more than 6,000 American peregrines have been released since 1974. Large-~e reintroductions of peregrines have ceased due to the peregrine's recoverg and relatively few reintroductions are still taking place in the United States. To release captive-bred peregrines, young birds are placed in specially equipped boxes on top of a manmade tower or cllffledge. At first, the birds are fed through a chute so they es~mot see their human benefactors. When they are old enough, the boxis opened and the young peregrines begin testing their wings. Their food is gradually reduced as the young falcons learn to hunt on their owr~ This process is Arctic peregrine falcons declined by as much as 80 percent; however, enough survived the impacts of pesticides that releases of captive-bred young were not necess~. Following EP~s restrictions on the use of DDT and recovery efforts under the Endangered Species Act, Arctic peregrine numbers increased te the point that the subspecies was reclassified in 1984 from endangered to the less critical category of threatened. Then, in October 1994, the Fish and Wildlife Service announced that the Arctic peregrine falcon had increased in numbers to the point that this subspecies no longer needed Endangered Species Act protection and could safely be removed from the threatened and endangered species list~ There are now thousands of Arctic peregrines in North America, and the majority of peregrines on the continent belong to this subspecie~ Populations of peregrine falcons are now estimated at 1,659 breeding pairs in the U.S. and Canada, ~th additional birds in Mexico. In August 1999, the Fish and Wildlife Service removed the American peregrine falcon from the list of endangered and threatened species, marking one of the most dramatic successes of the Endangered Species A~ The protection afforded by the Endangered Species Act, EP3/s use of their authorities under FIFRA to severely restrict the use of DDq~ and the rein~2oduction of captive-bred chicks have rescued the peregrine falcon from extinction. A cleaner environment and the success of cooperative recovery efforts provide great promise of a bright furore for the peregrine falcon in North America U.S. Fish & Wildlife Service 1 800/344 WILD http:/~vww, fws.gov September 1999 Federal Register/Vol. 66, No. 188/Thursday, September 27, 2001/Notices 49395 ansnra consideration of comments in FDA's preparation of a find guidance. Two aspios of any comments are to be submitted, except individuals may submit one copy. Comments should ba identified with the docket number found in the brackets in the heading of fl~s document. A copy of the document and received comments are available for public e~mln~tion in the Dockets Mma~gement Branch between 9 a.m. and 4 p.m., Monday through Friday. IlL Elect~nic Access Femon.s with access to the interact may obtain the document at either http:/ I~,~. f~a.gov/cber/gdidel~es.hhn or hltp-J/www.fda.gov/ohrms/dockat s/ dofaulLhtm. ~ Co~m~s~oner for Policy. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Senr~=~ Adnfinist~afion Cenf~r for Mental Health Services; Notre of Meeting Pm-intact to Public Law 92-463, nctlee is hereby given of a Telephone Conf~enco Ceil meeting of the Center for Me.tel Health Servlcos (CMHS) Natimml Advisory Council in September 2001. T~e meeting will inclnde the review, discussion and evaluation of individual grant applications. Therefore the mee~ug will be closed to the public as d~tarmtned by the Aamluistrator, SAMHSA, in accordance with Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. App. 2, Sec~iun z0(d). Substautive program information, a s~mmary of the meeting and a roster of Council members may be obtained fi-om tl~ contact listed below. C-am~ttee Name: Canter for Mental Health Services National Advisory Council. M~fing Date: September 24, 2001 T/me; 3 p.m.-4:30 p.m. Place(s): Parklawn Building, 5600 Fishm-s Lane, Conference Room 17-94, Roc~aille, Maryland 20857. Con/act: FAleen S. Pensinger, M.Ed., 5F~O F~ Lane, Parkhiwn Building, g~om 17C-27, Rock.lie, Maryland 20857, Telephone: (301) 443-4823. This notice is being published less th=n 15 days prior to the meeting due to ~ urgent need to meet timing limitations imposed by the review and funding cycle. Dated: September 21,200L Tatan Vaugbn, DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Monitoring Plan for American Peregrine Falcons in the United States AGENCY: Fish and Wildlife Service, Interior. AClION: Notice; reopening of eemanent period. Su~Y: We, the U.S. Fish and Wildlife Service (Service), provide notice that the public comment period is reopened for the Proposed Monitoring Plan (Plan) for American peregrine falcons in the United States. We are reopening the comment period for an additional 30 days to provide additional time for interested pm-ties to submit ~witten comments on the plan. DATES: The comment period, which originally closed on August 30, 2001, now closes on October 29, 2001. · a~a~SSES: Written comments and other infunnatlon concerning the proposed American peregrine falcon monitoring plan shodid be sent to Robert Mesta, Sonoran Joint Ventm-e Coordinator, Office of Migratory Birds, U.S. Fish and Wildkife Sarviee, 12661 E. Broadway Blvd., Tucson, Arizona 85748 [lacsimfle [520) 258--7238, phone [520) 258-7227). Comments and materials received will be ax~ailable for public inspection, by appointment, during nonnai business ho~rs at the above addross. A copy of the proposed Plan is available upon request from Robert Mesta at {520} 258--7227, or the Chief, Division of Consultation, Habitat Conservation plnnning, Recovery, and State Grants at (703) 358-2061. The proposed Plan is also available through ~ internct at (h~p'J/ endangered.f~s.gov/recowery/docs/ peregrine~monitoring.pdf. SUPPLEMENTARY INFORMATION." Background Section 4[g)(1) of the Endangered Species Act of 1973, es amended (ltl U.S.C. 1531 et seq.) [ESA), requires that we implement a system, in cooperation with the States, to effectively monitor for not less than 5 years, the s~ains of all species that have been recovered and removed f:mm the List of Fa~laugered and Threatened Species. Folhiwin$ its recovery, the American peregrine falcon was removed from the List of gndan§erad and Threatened Species on August 25, 1999. On luly 31, 29~1, the Service published a Notice of availability for the proposed monltotin§ plan that mmounced a 30-day public comment period (66 FR 39523). In o~ to meet the ESA's monitoring reqni~ement and to facilitate the efficient collection of data, a sampling method capable of assessing the population status of the American peregrine falcon [Falco peregrinus anamm) will be implemented. The proposed Plan was developed in cooperation with State resouree agencies, recovery temm members, and interested scientists, and will be carried out in collaboration with Federal, State, and private cooperators. Implementation of the Plan will begin in the spring of 2002. Surveys will be conducted every 3 years for a total of 5 surveys. Monitoring wi fi include the collection of information on the population trend and nesting success. At the end of each trlenblul monitoring period, we will ravlew all available information to determine the status of the American peregrine falcon. Pursuant to 50 CFR 424.16[c)(2), the Service may extend or reopen a comment period upon finding that there is good cause to do so. Full participation of the affected public in the review of the Plan is deemed as sufficient cause. Public Comments Solicited The previous comment period on this proposal closed on August 3O, 2001. With the publication of this notice, we reopen the public comment period. Written comments may now be submitted until October 29, 2001, to the Service office in the A00~I~ section. Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 ntseq.). Dated: September 12, 2001. ActtagD/rector. [FR Doc. 01-241~4 Filed 9-26-01; 8:45 am] How States Classify Their Peregrine Populations August 1999 ~1 Puerto Rico/ ' ' '~ '"---~ '~'w~aii U.S. Virgin Islands Endangered Recovered No nesting/Pairs in state Othec designations (Alaska; Spedes of Concern, Maryland' Critically Impaired, New Mex/co: Threatened) DUBUQUE CUUN'I'Y P.O. BOX 645 DUBUQUE, IOWA 52004-0645 March 18, 2003 Mayor and City Council City of Dubuque City Hall 50 West 13th St Dubuque, IA 52001 RE: A. J. Spiegel - Eagle Point Condominium Development Dear Mayor and City Council Persons: The Dubuque County Conservation Society Board of Directors at its March 12, 2003 meeting directed this letter be sent to you. We join with the Dubuque Audubon Society in opposing the proposed development for the reasons already expressed by them. We also concur with the Dubuque Zoning Commission's prior action in this matter to date. We are concerned about the adverse effect the development would have on the natural habitat and natural aesthetics of the area. We are also very concerned about the risk to migratory birds, including the eagles, which the large area of windows would cause. We believe the extensive amount of glass along the bluff, with resulting reflections, would be a substantial danger to birds, particular eagles which frequent the area during the wintertime and to other migrating birds in the fall and spring. Unless the size of the project is reduced substantially and ~pre~cautions taken to reduce the risk to eagles and other birds, we believe the proposed development is not compatible with the area and should not be authorized. Finally, we believe the prior use of the area seemed to be compatible with the natural envirorznent. Some further development, albeit on a very moderate scale, Mayor and City Council City of Dubuque Page 2 March 18, 2003 could be done in such a way as to reduce substantially the current environmemtal negatives of the project. Ranol Weigel, President of the Dubuque County Conservation Society cc: City Desk Telegraph Herald cc: Brian Preston, Secretary Dubuque County Conservation Society IVA~E E,~OLE Planning Services Department 50 West 13ffi Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 589-4221 fax planning~cityofdubuque.org April 8, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Royal Oaks Development/A.J. Spiegel Location: Description: _© End of Rhomberg Avenue (former Tollbddge Inn Restaurant) To rezone property from CR Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the proposed project, changes that were made based on comments received on the previous submittal and status of investigation regarding potential impact of the project on eagle habitat. Staff reviewed surrounding zoning and land use. Staff provided an estimate of vehicle trips generated by the proposed project and reviewed historical vehicle counts when the old Wisconsin bridge was still in operation. There were several public comments in support of the request stating that proposed project would not adversely impact adjacent property. A petition in opposition was received. The Zoning Advisory Commission discussed the request, noting that the issue of the impact of the project on the habitat of the American Bald Eagle involves federal law and the applicant will have to address that issue through the U.S. Fish and Wildlife Service. The Commission reviewed the impact of the project on surrounding property including Eagle Point Park. The impact on existing views from two areas of the park was reviewed, including photos supplied by the applicant. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members April 8, 2003 Page 2 Recommendation By a vote of 4 to 3, the Zoning Advisory Commission recommends that the City Council approve the request, with the condition that the building height not exceed 740 feet above mean sea level. A simple majodty vote is needed for the City Council to approve the request. Respectfully submitt~/,, Eugene Bird, Jr.. Chairperson Zoning Advisory Commission Attachments Qty of Dubuque Planning Services Depad-d-nent Dubuque, ZA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNZNG APPLI'CATTON FORM [] Variance F-iConditJonal Use Permit []Appeal [~Special Exception []Limited Setback Waiver []Rezoning I-]Planned District I--]PrefimJnary Plat [-]Minor Final Plat r-JText Amendment []Simple Site Plan []Minor Site Plan [] Major Site Plan [] Major Final Plat [-]Simple Subdivision []Annexation []Temporary Use Permit I--iCertificate of Economic NomViability I--]Cer~ificate of Appropriateness []Other: Fax Number: Applicant/Agent: Fax Number: ~'/~ Site location/address: Nobile/Cellular Number: Existing zoning: ~. Proposed zoning: J~l~ HistoficDistrict: _~,./~ Landmark: ~/A Lesgat Desk, 'ption (Sidwell)pa4t~cel ;ID# or lot number/block number/subdivision): 7-olJJ~r'ii:~j~e Total property (Iot) area (square feet or acres): -~., ~,..~ 9 $¢ O, Describe prowl and reason necessary (attach a letter of explanation, if needed): CER~FJCATJ[ON: [/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2, Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached, AppticantJAgent: ~?~4/ Date: '-~ -' 3-' 3 FOR OFF/CE USE ONLY - APPLZCATION SUBMTrl'AL CHECKI..~ST FqSite/sketch plan [] Conceptual DevOe/merit Plan []Photo I-]Plat J-]Improvement plans J--]Design review project descril~don J~]Floor plan r-qother: R-1 Proposed Area to be Rezoned Applicant: Stott & Associates/A. J. Spiegel Location: End of Rhomberg Avenue (former Tollbddge Inn Restaurant) Description: To rezone property from C Commercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential zoning designation. SET CU ROCK BLUFF LOT l-1-1-1-1-1=I MINERAL LOT 305A SEC 7 T89N. ~3E FOUND 5/8' ROD NE CAP IN PAVEMENT LOT 2-2 MINERAL LOT 305A SEC 7 T89N, R3E {C 7 TS~N R3E 15°25'36 E 55 (35,98') 03"39" ~, ~48.14') ACED 5/8~ DIA )'l~"w STEEL REROB AT BASE OF STONE WALL zl' ] C~]RNER #/ORANGE ~LASTIC CAP MARKED "WEBER PLS 15084~ KRETZ MINERAL LDi 305A RHDMBERG (50' ROW) FOUND 5/8~ ROD NO CAP IN PAVEMENT.. 50' 100' 200' PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 2, 2003 Project Name: Property Address: Property Owner. Applicant: Eagle Villa 2800 Rhomberg Avenue A. J. Spiegel Jon Harvey, Stout & Associate Architects Proposed Land Use: Residential Proposed Zoning: PUD Existing Land Use: Commercial Existing Zoning: Commercial/Recreation Adjacent Land Use: North - Lock & Dam East - Vacant South - Commercial West - Commercial/Parkland Adjacent Zoning: North - R-1 East - CR South - CS West -CR/R-1 Flood Plain: No Total Area: .8 acres Water: Yes Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: Yes Previous Planned District: None. Purpose: The requested PUD zoning is to allow the development of 65 condominium units in an eight-story high-rise residential building. Property History: The subject property was used as the approach and tollbooth for the old Wisconsin Bridge. After its demolition in the 1980s, the Tollbridge Inn Restaurant was constructed and operated until the fall of 2002. A requested rezoning to Planned Residential was recommended for denial by the Zoning Advisory Commission in February 2003. The applicant subsequently withdrew the request from further consideration. Physical Characteristics: The subject property is approximately .8 acre in size with the lot being approximately 50 feet wide and 600 feet in length. The subject parcel served as the approach and tollbooth area for the old Wisconsin Bridge. The subject property abuts the bluff with Eagle Point Park located approximately 150 feet above the property. Conformance with Comprehensive Plan: The 2002 Comprehensive Plan designated the subject property as commercial. Planned District Staff Report - Eagle Villa Page 2 Staff Analysis: Streets: Access to the property will be from Rhomberg Avenue. No changes to Rhomberg Avenue are anticipated. Sidewalks: No additional sidewalks will be constructed as part of this project. Parking: Off-street parking will be provided based on a ratio of 2.5 spaces per unit. Approximately half of the spaces will be provided in a level and a half of underground parking beneath the proposed building, with the remaining off-street parking provided on property adjacent to the subject parcel being requested for rezoning. Access to the outdoor off-street parking will be by way of two stairs/elevator towers that will provide direct access from the parking lot to the building. Lighting: New outdoor lighting shall be required to be 72-degree cutoff luminaries. Signage: None proposed. Bulk Regulations: The setbacks of the proposed structure will be minimal and will be in substantial compliance with the adopted conceptual development plan, Permeable Area (%) & Location (Open Space): The proposed condominium building will be constructed over what is already a totally impermeable site. Minor planting areas may be incorporated into the project but will represent a very small percentage of the site. Landscaping/Screening: None proposed. Phasing of development: None. Impact of Request on: Utilities: Existing water and sewer mains will need to be upgraded as part of this project to serve the proposed residential building. City staff has met with project representatives and the necessary changes to the utilities can be accomplished without significant impact to the project or adjacent properties. Traffic Patterns/Counts: Rhomberg Avenue is classified as a local street. No vehicle counts are available for the north end of Rhomberg; however, south of the Rhomberg Avenue and Hawthorne Street intersection, a count of 4,660 average daily trips was obtained in 2001. In 1977, a vehicle count of 7,870 was recorded. The old Wisconsin bridge was still in operation in 1977. Public Services: Existing public services are adequate to serve the site. Planned District Staff Report - Eagle Villa Page 3 Environment: The proposed seven-story residential structure will change the vistas at the north end of Rhomberg Avenue. There are Federal regulations concerning the impact of new developments on eagles and their habitat. Some background information has been included as part of this packet for the Zoning Advisory Commission's review. Adjacent Properties: The proposed project will impact adjacent property most notably in terms of increasing the volume of traffic going to and from the site and in changing the current view Eom adjacent property toward the river and the Lock and Dam. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject parcel from CR Commercial Recreation to PUD Planned Unit Development with a PR Planned Residential Designation. The proposed project includes the construction of a seven- story residential building with 65 condominium units. Parking for 82 cars will be provided in a one and a half story of underground parking area with an additional 85 spaces provided on surface parking immediately east of the proposed residential structure. The subject property is currently zoned CR Commercial Recreation District. The CR district allows for a mix of commercial and recreation uses as the name implies. The district allows a maximum height of 100 feet, except for gas stations and restaurants, which are limited to 40 feet in height. The CR district would allow some structures, such as a hotel, to be built to the same size as the proposed residential structure. The requested Planned Residential District is necessary to allow the development of 80 residential units in one structure. The maximum number of residential units allowed in a structure in the R-4 Multi-Family District is 12 units. The Zoning Ordinance requires a minimum of two acres for a PUD. The applicant received a variance from the Zoning Board of Adjustment to allow a PUD District of .8 acres. The Zoning Board of Adjustment approved the request at their January 23, 2003 meeting, subject to rezoning of the parcel to a Planned Residential District. The proposed residential structure can be served by City water and sewer; however, both utilities will require upgrades to aCcommodate the new residential structure. This site is currently served by a six-inch sanitary sewer main, which will need to be upgraded to accommodate the higher flows from a seven-floor condominium development. The existing water main pressure may have to be augmented with booster pumps to provide sufficient pressure to serve the required sprinkler system. The applicant is proposing that 2:5 off-street parking spaces be provided per unit. Approximately half will be provided under the building in covered parking, and the remainder on a surface lot immediately east of the residential structure. Access from the residential structure to the outdoor surface parking will be provided by two Planned District Staff Report - Eagle Villa Page 4 stairs/elevator towers. The outdoor surface parking lot will also provide necessary emergency access for medical and fire crews. The condominium units will generate approximately 381 average vehicle trips. The ITE Tdp Generation Report 5t~ Edition indicated an average rate of 5.86 vehicle trips per dwelling unit on a weekday. This rate was based on 53 trip generation studies from other condominium developments. Planning staff has received a number of questions and inquiries concerning the impact of the proposed residential development on the views from Eagle Point Park. Based on topographical maps, the top of the proposed residential structure at the far north end of the site will still be approximately 50 feet below the base level of the Shiras Memorial Pavilion site. The applicant has taken photographs of the area with the aid of a crane to demonstrate the height of the proposed residential structure relative to the surrounding bluffs. Attached to this staff report is information regarding Federal protections for the Bald Eagle and Peregrine Falcon. There are also regulations that protect the habitat of endangered and threatened species. The Federal and State governments are charged with the protection of endangered and threatened species and the applicant is responsible for compliance with those regulations. Attached to this staff report is a draft copy of the PUD Ordinance that includes under "Performance Standards' a requirement that all Federal and State regulations pertaining to endangered and threatened specie~ and their habitat be complied with prior to construction of the project. Planning staff recommends that the Zoning Advisory Commission review Section 3- 5.5(F) that establishes standards for PUD approval. Prepared by: ~/'~I~Reviewed: ~n~ Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2800 RHOMBERG AVENUE FROM CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending by reclassifying the hereinafter described property from CR cOmmercial Recreation District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Tollbridge Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: Use Regulations. The following regulations shall apply to all uses made of land in the above- described PUD District: 1) Principal permitted uses shall be limited to 85 condominium units and a community center. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. Lot and Bulk Re.qulations. Development of land in the PUD District shall be regulated as follows: Ordinance No. -03 Page 2 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 740 feet above mean sea level. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) The property owner shall be responsible for securing all required state and federal permits and in compliance with regulations pertaining to the environment and Endangered Species Act. 2) Adequate erosion control shall be provided during all phases of construction. 3) Off-street parking shall be provided as shown on the approved conceptual plan. 4) Storm water control facilities will be installed as per City Engineering requirements. 5) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. Open Space and Recreational Areas Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. Si,qn Re,qulations. Signs in the PUD District shall be regulated in accordance with the R-3 sign regulations of the Zoning Ordinance. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee i 7q C 8-f], hz4 April 21, 2003 Re: A.J. Spiegel Condo Proposal City Counc'fl Meeting of 04-21-03 Dear Councilperson Nicholson: Please honor the legacy of our forefathers who had the courage and vision to preserve the land for Eagle Point Park. This is not about money, but rather the preservation of Dubuque's natural beamy for coming generations. It is time to evaluate when development is destruction. Please say NO to this condo project and NO to future development of our ma~nificem bluffs. Sincerely, S.A~ Sutton 1875 Custer Street Dubuque, Iowa 52001 Jeanne Schneider From: To: Cc: Sent: Subject: "Jeff Buchheit" <jeffbuchheit@earthlink. net> <jschneid@cityofdubuque.org> <dugganrealty@mcleodusa.net> Monday, April 21, 2003 3:27 PM Dubuque's Young Adult Brain Drain Mayor Duggan Hello, my name is Jeff Buchheit. I am a native of Dubuque and graduate of Wahlert High School and Iowa State University. For the past two years I have reseamhed vadous issues relating to young adult (18-35) human capital. One of the pdmapJ areas that I have extensively researched is the Iowa Brain Drain, which unfortunately affects Iowa's large cities including the Dubuque Area. I just recently finalized my research and I wanted to share my finding with you. A current issue that you are well aware of, that is an excellent example, is AJ Spiegel's development plans for the former Toll Bddge Inn site. There is a considerable need for housing in Dubuque, outside the typical suburban house with a yard. My research found that when a Gen Xer is offered a job in Dubuque (or elsewhere in Iowa), he or she typically places as much emphasis on the community and living attributes as the attributes of the job and the company and many times young adults seek out homes and apartments that have a sense of individuality. Developing unique housing, such as Mr. Spiegel's, is a step in the dght direction as far as slowing the brain drain goes. The following email contains a link to my free brain drain related report 'The Seamh for Balance'. I know you will ~r~_ Jt~ !,.t_~_=~!~ ~r~ ~!_,2h~,_,! If ~.~ hav_eany questions or comments, or would like additional information relating to Dubuque's young workforce, please email or call ma at any time. I would love to answer any of your questions and I would also love to hear any feedback you can provide me. Thanks for your time. Jeff Buchheit Motivational Behavior Consultant 312-654-8043 4/21/2003 West 1 of heretnaF District tc~, r PUD of S~ ' Clerk's Office and, abov~ ;and place of, will be. to. be or against .said' im~ i needs ', OMC ~ City Clerk It 4/11 STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., m~ Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 11, 2003, and for which the charge is $13.60. Subscribed to before me, a Notary Public in and for Dubuque Comity, Iowa, this _ tr,~:~ day of~_ ,20 eg,~. · n and for Dubuque County, Iowa. Jeanne Schneider From: To: Sent: Subject: "Kevin Koch" <KKOCH@loras.edu> <ctymgr@cityofdubuque.org>; <jschneid@cityofdubuque.org>; <jmarkham@comerenergy.com>; <aeml0@mchsi.com>; <danielenicholson@mchsi.com>; <jconnors63@mchsi.com>; <patriciacline@mchsi.com>; <rbuoll@mchsi.com> Monday, April 28, 2003 9:44 AM Eagle Point Condominium April 25, 2003 Dear Mayor Duggan: I hope that the City Council will reconsider its majority support for the condominium proposal along the Mississippi. Although the bluff land in question is private property, in a communal sense the majesty of the bluffs belongs to all of us. In this case, the size of the building works against the landscape, not with it. From the river, the natural bluff to the right of the building will be visually diminished in competition with the condominium. From above, I am quite certain that the roof of the building will be visible from the Shims pavilion at Eagle Point Park, and the walls will be visible from at least one open-air pavilion further back on the park road. In diminishing the public's view of the river, the magnificent view from the condominium itself will be available to only a handful of citizens. It is unfortunate that this issue is caught up in the question of recent zoning decisions that may have negatively affected the city's business climate. But each decision must rest on its own merits; the condominium decision ought not to make up for other recent zoning decisions that concerned the business sector. I applaud the fact that the developer slightly downscaled the condominium in response to the zoning board's first decision. At the very least, I would like to see the project downscaled even more. Ideally, I would like a structure as unobtrusive as the current restaurant. The Mississippi River is an American treasure, and the river bluffs of northeast Iowa present its greatest majesty. We shouldn't despoil the public's treasure for the benefit of the few. Sincerely, Kevin Koch, 285 South Grandview Dubuque, Iowa 52003 (556-0850) _kkoch~loras.edu (author of Skiing at Midrdght: A Nature Journal from Dubuque County, Iowa) P.S.: Does the city put itself in danger of a court injunction for a scientific study of the eagle population if we proceed too hastily? 4/28/2003