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that staff did not envision that it would be controversial since the Lopezes were going to be paying out $2,500 as provided in the condition. He compared it to something similar to a car insurance where, if a claim if filed and payment is made by the insurance company, there is no obligation to fix the damage, and the claimant may choose to live with the damage and keep the money. He recognized that reasonable people can disagree about the language as written and about what is the appropriate intent. Mr. Dolan stated that the question in front of the Commission now is whether the Commission agrees with staff or whether it believes as the Lopezes do that they should not have to pay any money unless the Perrys actually get a skylight installed. He indicated that this has continued to be a difficult situation between the neighbors and that he hoped the Commissioners would not hear about a lot of other issues that are not germane to this specific question. He advised the Commission to disregard these statements should they arise as the issue at hand stands on its own. He reiterated that staff needs the Commission's decision on staff's interpretation of the condition, and if the Commission interprets it differently, staff has provided some alternative language, which is included in the staff report, that varies a little bit from what the Lopezes are proposing but makes the condition crystal clear. Commissioner Blank asked staff to explain the origination of the skylight and if it came out of the mediation process. Mr. Dolan replied that it is his recollection that this became part of the discussion and was actually something the Lopezes proposed when they were trying to do things to change their project or to make their project more palatable. He indicated that it was something the Lopezes offered as the project moved forward to Council, and staff felt comfortable making that a condition and something that would offset the impact of the second-floor addition. Commissioner Blank stated that he noticed in the City Council Minutes that Councilmember Cook-Kallio asked a couple questions about it in terms of modifying that condition, but the City Council accepted it as proposed by staff. He asked if mediators typically take notes for themselves during the mediation sessions. Mr. Dolan replied that he did not think there were a lot of notes. He stated that he was at every single one of the mediation sessions and kept notes until it was over; however he no longer has those notes as the building permit had been issued, and he had no idea something like this would come up. He added that the mechanics of that issue were not discussed during mediation and that, in fact, the mediator did not have anything to do with the writing of the condition as it went to Council. He indicated that the result of the mediation was that an agreement was not reached. Commissioner Pearce stated that she also read the City Council meeting Minutes and it appeared that the City Council was satisfied with Option 3, which included this condition. She asked Mr. Dolan if he recalled whether there was any discussion at that City Council meeting regarding the skylight condition that was not reflected in the Minutes. EXCERPT: PLANNING COMMISSION MINUTES, January 25, 2012 Page 2 of 12