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How are we the residents suppose to know when they left the meeting that night, that the agreement was not any good. Nfi-. I)ubelko told them that they must follow up on all the meetings. Ms. Kummer suggested as a City you notify people that a change is taking place all those people were there. Mr. Dubelko indicated that what was said by him is in the minutes of those meetings. Ms. Kummer suggested the agreement was addressed in the minutes. Mr. Tallon suggested the Planning Commission is a recommending board and we send our recommendations to council as well as the other boards. Ms. Kummer questioned if the Planning Commission was suppose to see that Council followed their recommendations. Ms. Kummer questioned why not one Giant Eagle representative hasn't shown up, they should know we will alienate them. When did Carnegie Management find out that the agreement with the residents could not be up held. 1VIs. Kummer you just want them to rent your property, Mayor will you be willing to work with Giant Eagle to find a different location. Mayor Musial suggested he would be willing to work with the residents, but the problem is property rights. He has received a legal recommendation by the Law Department and the City has no right to hold up the property rights. He would be willing to talk with Carnegie Management and they can negotiate. Ms. Kummer I have tried to call Giant Eagle and Carnegie Management, but can't get through. Mr. Tallon asked the Mayor to please come forward to the microphone to make sure what is being said is on the clerks tapes. Mayor Musial introduced himself and suggested one of the difficulties we have is to protect the rights of the residents as well as the rights of the property owners, and they to have rights. Mayor Musial asked Mr. Dubelko to correct him if he is wrong, but current law indicates that there can not be anything done to keep them from moving into this building. Another aspect to look at is when Wal-Mart was relocated Council could have established a more restrictive ordinance, but for reasons unknown to him they did not. Mayor Musial suggested Proposals first goes before the Planning Commission for_their review and recommendations, then the Architectural Review Board for their recommendations, then they may or may not have to go before the Board of Zoning Appeals for variances, and then depending whether or not the Planning Commission has requested a second review they go before the Building, Zoning and Developinent Committee which then makes recommendations to Council. Ms. Kettle suggested aren't we sending a wrong message. Mayor Musial suggested the residents should be talking to the Building, Zoning and Development Committee. Mr. Tallon indicated he would like to address a store being enlarged, as this is done all the time. When a property is approved on the square footage of the property and when it falls within the zoning codes the Planning Commission can't tell them what type of retail to allow. If it fits all of the requirements they can build that type of store. 1Vlaking stores bigger or smaller is common and parking is determined on the square footage. Their proposal has the right number of parking spaces. Mr. Brown a concerned resident suggested his opinion is they are going to attract more traffic and with kids having to walk along Porter Road, Mill Road, and Dover Road to get to and from school it will not be safe. This is commercially zoned and Dover Road, Porter Road, and Mill Road is residential and we don't want that traffic. The residents don't have anything against these men, but we want our kids kept safe. Mr. Miller councilman at large suggested through legality or not when the developer went into agreement we believed them, that they would not allow any one store to be over 80,000 square feet but they did not follow the agreement. Mr. Miller again asked the developer to keep to his agreement of keeping any store under 80,000 square feet "please". Mr. Papandreas suggested he has tried to listen to the comments that have been made and has taken notes. The concerns are traffic that will be at this site. In 1994's 13