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everyone has a copy of those minutes, the residents agreed to it. It was to restrict the size of <br />their own stores, they volunteered to restrict the size of their own stores to 80,000 square feet <br />the residents said great fine and backed down they stopped opposing anything they went home <br />not really happy but sort of content they felt they had achieved a goal that they worked hard for <br />and spent hundreds of dollars for she didn't but several people did and are still spending money <br />printing flyers now to get more people in on this. The residents who live on Porter all the way <br />down to Lorain these are community minded people not transit people they volunteer all over <br />this City, Mr. Herbster who was citizen of the year, working hard as volunteers, Boy Scout <br />leaders, Girl Scout leaders, in the Libraries, Nursing Homes and all over the City. They got an <br />agreement with Carnegie at a Planning Commission meeting here, some of you people were not <br />here she doesn't remember but there were a bunch of Planning Commission members who said <br />sure that sounds fine, and it sounded fine to a whole group of people, well then the Law Director <br />gets it later takes it to Council and the Mayor and they decide Oh we can't do this, and nobody <br />bothered to tell the residents who spent these hundreds of dollars and countless hours they went <br />home they don't have a lawyer working for them Carnegie you guys seam to know you can do <br />this now, you must have known this agreement would stand anymore otherwise you wouldn't <br />have brought Giant Eagle in here because that was in direct violation of the agreement you made, <br />so you guys knew there was no agreement. While us poor little residents here who work regular <br />jobs and she doesn't know a lawyer among us. How are we suppose to find out is it our job to <br />go back to the City and say are you still doing what you said you would do, are you doing it are <br />you doing it, is that what we are supposed to do. You keep talking about your up holding the <br />laws aren't made to protect the people. We were here we did the best we could do, she wasn't <br />there but the other audience members were and they did the best they could and spent their own <br />money, your here and your not spending your money well maybe you are she doesn't remember <br />if the Planning Commission is paid or not. That is your job you chose to do this, she wants to go <br />home and put her kids to bed she doesn't want to be doing this every couple of years. Mr. <br />Dubelko indicated when he was at the meeting in 1994, he made it very clear and everyone that <br />was there should have heard it, because he made it very clear, that the City could not enforce any <br />type of agreement between the developer and the residents and it could not be a condition of the <br />approval. It was very clear at the time. He spoke to the Planning Commission about it and it is <br />reflected in the minutes. Ms. Kummer suggested listen Mr. Herbster, Mr. Holder, and she <br />doesn't know who all. An unidentified member of the audience spoke out and said he would like <br />to see that in the record. Mr. Dubelko indicated that he could as it is a public document. He <br />asked if Mr. Dubelko had the minutes there and if he could have a copy. Mr. Dubelko suggested <br />he would be happy to show the gentleman his set of those minutes. The clerk asked the <br />unidentified man what his name was for the record. The gentleman indicated his name was Mr. <br />Hoelter and suggested they were never notified as layman that what Carnegie Management <br />volunteered and negotiated as a contract that it was null and void, and we do have a lawyer <br />we've got City lawyers. Ms. Kummer indicated she was told by the Law Director her because <br />she asked him that aren't you an elected official as she didn't know, or remember if she elected <br />this man. He said the residents/voters elect the Law Director but his job is to advise the Mayor, <br />Council, and numerous other City officials he mentioned that is his job, is to advise them which is <br />fine now she understands, and we don't have a lawyer and is that what we are suppose to do is <br />go out and spent another couple of thousand dollars, and she doesn't have that kind of money. <br />She wanted to tell the audience something else she asked the Law Director all though the Wal- <br />11