The meeting was called to order at or about 7:30 p.m.

Present: Members Avdoulos, Cassis, Kocan, Markham, Pehrson, Ruyle,

Absent: Members Gaul (excused), Shroyer (excused), Sprague (excused)

Also Present: David Evancoe, Director of Planning; Barbara McBeth, Planner; Darcy Schmitt, Planner; Tim Schmitt, Planner; Lance Shipman, Landscape Architect; Ben Croy, Civil Engineer; Tom Schultz, City Attorney

The meeting attendees recited the Pledge of Allegiance.

An update on Sam’s Club was added under Matters for Discussion.

Moved by Member Ruyle, supported by Member Pehrson:

No one from the audience wished to speak.

There was no Correspondence to share.

Member Kocan noted that legal training has been scheduled for June 16, 2004 at 6:30 p.m.

There were no Presentations at this meeting.

There was no Consent Agenda.

The Public Hearing was opened on the request of Kris Krstovski for approval of a Wetland Permit. The subject property is located on Glenda Street, lots 61 & 62. The Applicant is proposing to fill over 300 cubic yards of a wetland area for the construction of a single family home.

Planner Tim Schmitt said that the property is 300 feet east of Taft Road, and the subdivision runs one-half mile north of Ten Mile. Lots 61 and 62 are the northernmost lots on the west side of Glenda. He noted that the single family home for this site was approved administratively by the Building Department and various consultants. Wetland Consultant Don Tilton determined that the impact of the Applicant’s request is approximately 400 cubic yards or 2,600 square feet. This is necessary in order for the Applicant to construct a side-entry garage. Mr. Schmitt said that the Applicant provided plans of a home with a front-entry and a side-entry garage for their review.

Mr. Schmitt said that a large wetland complex spills onto lot 62 and runs north toward the City-owned property.

Attorney Paul Bohn represented the Applicant. He said that only one of the two lots will be developed. The City has asked for an easement across the property that will provide sewer for the few homes on Glenda that do not have sewer. Mr. Bohn said that this project is not in the floodplain. He said that that the side-entry design is consistent with the neighborhood, the preference of the City and provides limited impact to the wetland. He said that JCK calculated the amount of fill, but it may have been underestimated because the vertical fill calculation may have been wrong. That explains why the cubic fill number has been described as both 300 and 400 cubic yards.

Mr. Bohn said that the building permit was issued based on the 300 cubic yard number, and the Applicant then spent over $18,000 on the tresses and other construction material. Ayres, Lewis, Norris and May, the City’s engineer consultant, then spotted the mistake. He said that this should be an administrative review; the amount of fill is less than one-tenth of one acre.

Chair Markham opened the floor for public comment:

Mr. Bohn said that the sewer service is being sized to service undeveloped lots on Glenda, not the existing homes. It was requested by the City.

Mr. Krstovski said that he recommended the sewer expansion and the City agreed. He said that the prior owner of Mr. Ramirez’ property moved a swale from its original location and closer to the Krstovski property. He is going to move the swale back to where it was and place drain tile toward the pond. He did not intend to adversely impact his neighbor’s land.

Mr. Galsowich explained that the previous (Ramirez) homeowner was a pool builder and he would dump in his back yard, then periodically he would smooth it out. Mr. Galsowich asked him to build drainage system to the pond since his property was lower and was being flooded. The drainage system was dug, but it was uphill and was not effective. Mr. Galsowich said that Mr. Krstovski was in fact returning the land to its original layout.

Mr. Ramirez made additional comments about his concern for flooding.

Mrs. Behrends said there are very few lots that qualify for tying into the sewer system. Glenda Avenue would require a pumping station.

Member Avdoulos read the correspondence into the record:

James Tederington, 24816 Glenda Ave.: Approved of the project.

Mr. Ramirez: 24872 Taft Road: Objected because it will affect the natural flow of the water.

Chair Markham closed the Public Hearing.

Member Pehrson asked how the City can prevent miscalculations in the future. Wetland Consultant Don Tilton said that their reviews are no longer completed until all other disciplines have commented, so that the impacts to the wetlands are completely understood. He said that in conversations with the Applicant, it was determined that he would have to go before the Planning Commission because he was requesting to fill more than 300 cubic yards.

Member Pehrson asked how to ensure that the drainage issues would be resolved. Dr. Tilton said that the Applicant’s fill is outside of the flood plain, but as an extra measure there is another section of property that could be cut to compensate for an overflow of the flood plain. This mitigating measure would compensate for the wetland fill and would be located between lots 61 and 62, which is where the wetland boundary runs. The new area could be designed not as a wetland but as a flood plain storage area and vegetated as such.

Member Pehrson asked the Applicant if he would make that change to the lot. Mr. Krstovski said that he owned enough property to accommodate that request.

Member Pehrson confirmed with Dr. Tilton that this wetland is not of great quality. Dr. Tilton also said that it is above the flood plain by about two or three feet. There was not standing water in the wetland earlier this spring. There is limited wildlife. There are a lot of invasive species.

Member Cassis felt that the issues were addressed at this meeting. He said that this home was being built to the latest standards and would be beneficial to the area. The City’s supervision will ensure that this project is a quality project.

Member Kocan confirmed that no damage has already been done to the wetland. She noted that a retaining wall is required for the side-entry design. She confirmed with Dr. Tilton that the wall assists in drainage because it provides more water storage capacity in the wetland and minimizes the fill.

Member Kocan asked about the tree removal. Civil Engineer Ben Croy said that fencing would be required around any open trenches. He was not sure which trees may be located within the easements. Mr. Schmitt followed up by stating that plot plans are not reviewed by the Planning Department but he would try to find a copy of the plot plan in the Building Department file. He confirmed for Member Kocan that there is a process for removing trees.

Member Kocan said that the new Accessory Structure Ordinance does recommend side-entry garages. She felt that the impact to the wetlands is minimal, especially because the Applicant is combining two lots. She said that anyone building in the City must be responsible for their own drainage, but they cannot be held responsible for other lots’ drainage issues. City Attorney Tom Schultz agreed, stating that there are a number of checks and balances that ensure the site’s viability throughout the building process.

Member Kocan confirmed that there will be fill involved in the site whether the site is built with a side- or front-entry garage. She acknowledged the Applicant’s willingness to build the flood plain storage area.

Member Avdoulos said that because this is a single lot it really should be a Building Department issue. He was told that Ayres Lewis Norris and May reviewed the grading on this plot plan. While Member Avdoulos thought that the plan was following the natural contour of the land, he would have liked to see the paperwork from Ayres Lewis. He said that he would grant the Wetland Permit based on Dr. Tilton’s comments; he can only hope that the final grading is verified by the City for appropriateness.

Director of Planning David Evancoe said that Ayres Lewis did look at the plot plan and any drainage issues would have been identified in their review letter. He said that granting the Wetland Permit does not authorize any kind of illegal drainage onto other properties, it simply allows this fill to occur. The drainage review will be handled by Ayres Lewis.

Chair Markham asked how the flood plain storage area would be designed – how would the Applicant’s contractors know what to do. Dr. Tilton said that they would look at how much water would be stored in the wetland area in the event of a big precipitation event. This will be approximated. They will mitigate a similar sized area in the new location. Dr. Tilton said this is not a difficult process.

Chair Markham said that if the two sizes of drainage areas are alike, then the neighbors should not realize any difference in this property’s ability to handle its drainage flow. Dr. Tilton agreed.

Moved by Member Pehrson, seconded by Member Ruyle:

Member Kocan asked whether the side-entry garage should be noted in the motion. Mr. Schultz responded that it was appropriate to state that the permit is granted and will allow for the construction of a side-entry garage. Both Member Pehrson and Member Ruyle agreed.

The Planning Commission took a short break.

The Public Hearing was opened on the request of Finkel Roth Wood Group, LLC, for approval of a Preliminary Site Plan, Woodlands Permit, and Storm Water Management Plan. The subject property is located in Section 12, on the south side of Thirteen Mile between M-5 and Haggerty Road in the OST (Office Service Technology) District. The subject property is approximately 3.33 acres. The Applicant is proposing a two-story 39,858 square foot office building.

Planner Darcy Schmitt said that this property zoned OST as are the surrounding parcels. The Planning Review indicated that the project does not meet requirements because of deficiencies in the truck service screening. There are no wetlands. The Woodland Review, Landscape Review, Façade Review, Engineering Review and Fire Department Review all recommended approval with minor items to be addressed at the time of Final Site Plan submittal. The Traffic Review indicated that a Planning Commission waiver of the traffic study is required and there are minor items to be addressed at the time of Final Site Plan submittal.

Jamie Roth, 31455 Northwestern Highway, Suite A, Farmington Hills represented the Applicant. He said he would make all corrections to the plan as necessary.

Member Avdoulos read the correspondence into the record:

Garry Jonna, Ridgeview Center, LLC, 27750 Middlebelt Road, Suite 100, Farmington Hills: Gave conditional approval as long as a potential ponding issue along the adjacent property line with Ridgeview is addressed.

Chair Markham closed the Public Hearing.

Member Kocan noted that the Applicant was providing secondary access to the east and asked if he would also give it to the west, for safety reasons. Mr. Roth responded that he would gladly do so, but Millennium Office Center wanted $50,000 and Mr. Jonna said no.

Member Kocan thought that the landscaping needed to be beefed up. She thought the building was gorgeous. Member Kocan asked about the four-foot landscaping request. Landscape Architect Lance Shipman said that the four feet is an Ordinance requirement and if they can’t meet that stipulation they would have to go the ZBA for a variance. It is likely that the building may have to be shifted in order to accommodate that measurement.

Member Kocan confirmed that this would not be a doctor/outpatient building, as there would not be enough parking to accommodate this. Mr. Roth said that Caring Nurses will occupy 25% of the building. The nurses do not report to this building. The other business’ parking will need to meet the requirements of the Ordinance.

Member Kocan confirmed that there was no lot split that needed to be addressed.

Member Avdoulos asked that the Applicant work with the Planning Department to design a more suitable loading zone.

Member Avdoulos asked about the cross-access easement. City Attorney Tom Schultz explained that Millennium’s plan was approved with a third access with Ridgeview, but those two owners have not come to terms. Millennium is going to the ZBA in June to have that third access deleted from their requirements. The properties do have two access points. Mr. Roth reiterated that he would accept cross-access with Ridgeview, but he would not pay for the right to do so.

Member Avdoulos asked about the grading issue along the adjacency of Ridgeview and Caring Nurses. Civil Engineer Ben Croy responded that he has not reviewed this letter but that it should be an easy issue to resolve. He anticipated the addition of another storm sewer basin, or a swale designed for the area.

Member Avdoulos would approve of waiving the traffic study. He noted that Mr. Croy would look at the issue of replacing drives with concrete rather than asphalt.

Member Avdoulos asked about the landscaping. Mr. Shipman explained that the designers of the parking lot landscaping are now being asked to consider winter snow deposit areas in their design of the lot. Member Avdoulos liked the building.

Member Cassis agreed that snow deposits should be taken into consideration. He recommended that the Applicant speak with Mr. Jonna about the shared driveway, and he told him to let Mr. Jonna know that Victor Cassis encouraged the meeting.

Mr. Ruyle supported the project and commented that this is a fine organization.

Moved by Member Ruyle, seconded by Member Pehrson:

Member Pehrson asked whether the following could be added to the motion: The City Staff and City Attorney meet with the petitioner to try and secure the cross access. City Attorney Tom Schultz said that it would be acceptable to say, "A third point of access to the west be provided by this property owner." Member Ruyle and Member Pehrson accepted the language.

Member Kocan asked that "Resolution of the landscape issues" could be added to the motion. She asked that "Resolution of the low spot area along the west property line" be added. She asked that "Resolution of the loading zone issue" be added. Member Pehrson and Member Ruyle accepted the language.

Ms. Schmitt explained that the loading zone would be shifted due south to the parking area between two islands. This would give more room for the delivery trucks.

Chair Markham supported the motion and called for the vote.

In the matter of the request of Finkel, Roth, Wood Group, SP04-14, motion to grant approval of the Preliminary Site Plan, subject to: 1) A Planning Commission waiver of traffic study requirements for the reasons outlined in the traffic consultant’s review; 2) A Planning Commission waiver of the truck service area screening requirements (in accordance with the provisions of Section 2302.A.1.c, since the property abuts OST zoning adjacent to this area); 3) The comments on the attached review letters being addressed at the time of the Final Site Plan Review; 4) A third point of access to the west be provided by this property owner; 5) Resolution of the landscape issues; 6) Resolution of the loading zone issue; and 7) Resolution of the low spot area along the west property line; For the reason that the plan meets the Master Plan and zoning for the area.

Moved by Member Ruyle, seconded by Member Pehrson:

Moved by Member Ruyle, seconded by Member Pehrson:

Consideration of the request of Thomas Chubb for approval of a Preliminary Site Plan and Storm Water Management Plan. The subject property is located in Section 4, south of Pontiac Trail and East of Beck Road at Shoppes at the Trail Development in the B-3 (General Business) District. The subject property is approximately 1.08 acres. The Applicant is proposing a one-story Comerica Bank building.

Planner Barbara McBeth said that the subject property is currently vacant land and is an outlot of the Shoppes at the Trail development approved for the remainder of the property at the southeast corner of Pontiac Trail and Beck Road in the northwest corner of the City of Novi. The property to the east is developed with the Portsmouth Place Apartments. To the south is the Shoppes at the Trail development; further to the south are Pointe Park condominiums, which are currently under construction, two retail shopping centers and a dentist office. On the west side of Beck Road (Wixom) are a gas station and The Village Apartments). To the north (Commerce Township) are a gas station and commercial development.

Ms. McBeth said that the subject property is zoned B-3, General Business, as are the properties to the west, and south. To the east and southeast, the properties are zoned RM-1, Low Density, Low Rise Multiple Family Residential. To the north, within Commerce Township, the properties are zoned for commercial land uses.

The Planning Review indicated that the proposed plan cannot be recommended for two primary reasons. First the proposed plans show insufficient driveway widths (15 feet is provided, and 18 feet is required). The Plan Review Center has discussed this deficiency with the Applicant and a couple of options may be possible to allow the 18 foot wide driveways, as required by Ordinance. This issue can be resolved on a modified site plan, so the ZBA will not need to act on this request. The Applicant offered to provide a modified plan for review, prior to formal submittal of the Final Site Plan to insure that this issue can be resolved.

Secondly, a Planning Commission determination is needed for the configuration of the drive-through transaction stations. The Ordinance requires a minimum of six stacking spaces per lane inclusive of the vehicle at the window for financial institutions. The plan shows four stacking spaces for each of the four transaction windows. Additional stacking spaces are provided behind these spaces, but in a configuration that the Planning Department has not seen recently. The Planning Commission is asked to make a determination regarding this configuration following additional comment by the Applicant.

The Landscape Review stated that two ZBA variances are needed for the proposed development: one for interior building landscaping (2154.8 square feet required, 1303 square feet provided), and another for a ZBA variance of minimum landscape width at southeast corner of the building (four feet is required, and two feet is provided).

The Traffic Engineering Review indicated issues that may be addressed at the time of Final Site Plan Review.

The Engineering Review recommended approval of the Stormwater Management Plan and comments that may be addressed at the time of Final Site Plan Review.

The Fire Marshal indicated the plan is recommended for approval.

The Façade review indicated that a Section Nine Façade waiver is necessary for the site for exceeding the allowable amount of trim on the building. Only 15% of each façade may be trim materials, and the south and west elevations have 18.8 and 20.4%, respectively.

The Applicant provided a response letter to the Staff and Consultant’s concerns. The Applicant indicated these concerns can be rectified at the time of Final Site Plan review.

Thomas Chubb represented the Applicant at the meeting. Rick Stevens of Sky Development was also present. He said the whole property is over 14 acres, and Comerica will represent about a one acre outlot.

Mr. Chubb said that the traffic will enter from the southerly drive. There are some parking spaces up against building that would be accessed by a left turn upon entering the site. These will accommodate customers seeking close parking for security reasons. The circulation proposed works for the bank.

Mr. Chubb said some decisions are based on security issues that must be taken into consideration when designing a bank. Landscaping must provide the site with enough security. View of the ATM area must not be hindered. Mr. Chubb said that one of the inside drive-through lanes is for the ATM and the night time depository and would not require the same stacking requirements. He said that they are proposing to use an existing design layout for this bank branch, and that its stacking ability is sufficient and reduces the amount of impervious surface while providing enough landscaping. Mr. Chubb said that the photometric plans allows for two foot candles of lighting at the entrance and at the ATM.

Member Avdoulos said this same building was used for the branch at Grand River and Milford Road. The architecture is striking and will fit in any community. He supported the request for Section Nine Façade Waiver.

Member Avdoulos confirmed with Ms. McBeth that the correct number of parking spaces should be shown on the next plan submittal, and that if the Applicant angles their parking spaces to accommodate a width requirement the number of parking spaces provided may not change or even if it did it would still meet the requirements. He looked at Northville’s Comerica and how their parking lot functioned and said that it was acceptable. He confirmed that the change requested for the sidewalk was to improve its functionality, namely designing it the way the pedestrians are expected to use it. He confirmed with Ms. McBeth that the Applicant has been asked to provide the loading area in the rear yard as required by Section 2507.2 of the Ordinance.

Member Avdoulos confirmed that with Landscape Architect Lance Shipmen that the Planning Department supported the request for landscaping variances based on the fact that this type of use has its own, more restrictive rules in placing landscaping.

Member Cassis confirmed with the Applicant that 1-1.25 acres is the size of the typical Comerica lot. A retention pond would require more land. Mr. Chubb said that 1.08 acres is what the outlot size was and that this Comerica basically needs every inch of it. He said that Comerica anticipates this branch’s customer base growing in years to come and that is why they are proposing so many parking spaces. Mr. Cassis confirmed with the Applicant that there will be striping on the pavement for the stacking lane. He thought that the design would function for the Applicant. Mr. Chubb said that the amount of stacking provided is meant to accommodate those days when the first of the month lands on a Friday or days before long holiday weekends. Mr. Cassis supported the project.

Member Kocan confirmed with Ms. McBeth that the 18-foot requirement for the driveway width was for all sides of the building. She wanted to ensure that this request would still provide suitable landscaping and Ms. McBeth said that they believe that it can be accomplished while providing enough landscaping.

Member Kocan thought that the stacking lanes would work. Member Kocan confirmed with Ms. McBeth that the proposed lighting would be mounted at twenty feet. Ms. McBeth also said that a wall is proposed that would limit the invasiveness of the lighting on the adjacent homeowners.

Member Kocan asked the Applicant to consider one more time dedicating a loading area for deliveries and Brinks truck pickups. The Applicant explained the trash removal from the secure document box on the property, and why the need for a garbage truck is not necessary for this building.

Member Kocan confirmed with the Applicant that the mechanical units would be located on the padsite shown on the blueprint and not on their roof.

Moved by Member Kocan, seconded by Member Pehrson:

Moved by Member Kocan, seconded by Member Cassis:

Consideration of the request of Wah Yee Associates for approval of a Preliminary Site Plan. The subject property is located in Section 17, on the north side of Grand River Avenue west of Beck Road and south of I-96 in the B-2 (Business) District. The subject property is approximately 1.29 acres. The Applicant is proposing a 29,528 square foot retail store.

Planner Tim Schmitt said that this request is an addition to the existing West Market Square. The overall parking of the shopping is already in place, and that only 15 parking spaces are being added as a result of this site plan request, two of which are handicapped spaces.

Mr. Schmitt said that there are minor issues to be addressed at the time of Final Site Plan.

John Freel of Wah Yee represented the Applicant. Representatives of Hubbell, Roth and Clark and Pete Jonna of the Jonna Companies were also in attendance. He noted that this addition is a continuation of the materials used on the previous phases of the center. He said this is the final phase.

Member Pehrson confirmed with Mr. Schmitt that the two-foot width between the planters and the curb would encourage pedestrian traffic to be further away from the passing parking lot traffic. Member Pehrson asked that the design be reconsidered because, although it may put pedestrians closer to the building, the planters hide children who may jump out into the drive.

Member Pehrson asked about the stop sign in front of Kroger. Director of Planning David Evancoe explained that a previous Planning Commission Member suggested those stops signs so that pedestrians emerging from behind the brick columns would be safer in crossing the drive. Member Pehrson suggested that the handicapped parking location be reconsidered for this building so as to place disabled patrons further away from the most amount of traffic.

Member Kocan confirmed with Mr. Schmitt that the distance between the planters and the building is ten feet. She agreed with Member Pehrson that children will find this two-foot section near the road irresistible to play near. She felt that for health and safety reasons the Applicant should reconsider the placement of the planters – either right up on the curb or moved back.

Member Kocan confirmed with Mr. Schmitt that some of the parking spaces are already in place. Since the widths are different than standard spaces it is not that easy to just switch their location. Member Kocan agreed with moving some handicapped spaces out of the higher traffic area. Mr. Schmitt said that the goal was to ensure adequate handicapped parking spaces by Staples as well as the other stores.

Member Kocan confirmed with Landscape Architect Lance Shipman that the Applicant would be able to meet the landscape requirements, and if they are deficient at the time of Final Site Plan submittal they will have to seek a variance.

Mr. Jonna agreed with the concerns regarding children darting out from behind the planters. He said that if the planters were moved back they may not meet the planting requirements. If the planters were brought out to the curb the planters could be even larger, but then snow and salt and the associated kill-off would have to be considered (the planters are at ground level). He said he would revisit the design.

Mr. Jonna agreed to work with the City in placing handicapped parking where it would be most convenient and out of the way of traffic and snow removal, but he thought that it may result in the loss of a parking space. Member Kocan said his cooperation would be appreciated.

Member Kocan confirmed with Lance Shipman that the landscape numbers would have to be reviewed if the design changed. He also said that he could recommend plants that are hardier against the winter elements. Mr. Evancoe noted that there is a six-inch "curb" around the planters. Member Kocan said this whole issue needs to be considered. Member Kocan also asked the Applicant to correct a possible problem on the sheet L-1.

Member Kocan asked about the ownership of the property, and Mr. Schmitt responded that the issue is somewhat complicated, but ultimately no need for a waiver or variance is required.

Member Cassis said the most dangerous area in this center is the southeast corner of the proposed site plan. Mr. Schmitt said that proposed signage will be required at the time of Final Site Plan submittal and that based on how that corner is designed there will likely be at least one stop sign. He said that the Traffic Consultant is aware of this intersection. Member Cassis suggested that this building will not add that much more traffic but he asked that this intersection be taken under consideration for safety reasons.

Moved by Member Pehrson, seconded by Member Ruyle:

Moved by Member Pehrson, seconded by Member Cassis:

Member Kocan noted that the motion on page 12 should say "constructed," not "construction." She also corrected the sentence in the motion pertaining to preliminary engineering calculations.

Moved by Member Avdoulos, seconded by Member Ruyle:

The Planning Commission submitted their grammatical corrections for incorporation into the minutes. Member Kocan confirmed with City Attorney Tom Schultz that the motion on Sam’s Club should be reviewed to ensure that the intent of the Planning Commission’s request for gas station site plans was not lost in the language of the motion.

Moved by Member Kocan, seconded by Member Ruyle:

There were no Consent Agenda Removals.

Member Pehrson confirmed with Planner Tim Schmitt that everything is on track with Sam’s Club 45-day review. Mr. Schmitt said that progress has been made but it does appear that a full review of new plans will be necessary. City Attorney Tom Schultz also commented on the subject.

There were no Special Reports. Member Ruyle invited everyone to attend a special Memorial Day tribute at Brightmoor Christian Church at M-5 and Thirteen Mile, at 9:00 a.m. and 10:45 a.m.

Mrs. Behrends, 24777 Glenda: Thought that there was ambiguity regarding the sequence of events pertaining to the Krstovski request for the Wetland Permit, and that the Planning Commission did not question this during their review. She encouraged the Planning Commission to ensure that the City’s process for development review and building permits is appropriate, and if not, they should make the changes necessary to improve it. She also said that the direct-line sewer on the Krstovski lot will not serve Glenda as a whole. She asked that the City keep their eye on the drainage in this area because the road also drains to this area.

Moved by Member Kocan, seconded by Member Pehrson:

Motion carried 6-0. The meeting adjourned at 10:45 p.m.

MON 05/25/04 CITY COUNCIL MEETING-BUDGET SESSION 7:00 PM

WED 05/26/04 PLANNING COMMISSION MEETING 7:30 PM

MON 05/31/04 MEMORIAL DAY, CITY OFFICES CLOSED

MON 6/07/04 CITY COUNCIL MEETING 7:30 PM

MON 6/14/04 CITY COUNCIL INTERVIEW SESSION 7:30 PM

MON 6/14/04 IMPLEMENTATION COMMITTEE MEETING 6:00 PM

Transcribed by Jane Schimpf, June 17, 2004 Signature on File

Dated Approved: June 23, 2004 Donna Jernigan, Planning Assistant July 7, 2004