PC 061108 - Laserfiche WebLink

Ms. Harryman noted that mediation sessions were normally used to promote settlement and were intended to be confidential. Commissioner Fox agreed to strike the requirement for the mediation minutes. Ms. Harryman noted that normal mediation was confidential but that this was a slightly different situation. She noted that Ms. Decker had reminded her that there had been minutes for mediations in the past. She believed there was benefit to that and asked that the Commission allow staff to decide on that issue at a later time rather than making a motion on it at this point. Chair Blank added an amendment that minutes would be determined at the discretion of the Planning and Community Development Director and the City Attorney. The amendment was amenable to Commissioners Fox and Narum. Mr. Dolan stated that he would like to discuss the issues in the memo and obtain an explicit direction or authority to determine them. He stated that the Commission addressed the timing factor but not the terms of selection, payment, and number of participants. Chair Blank stated that Item 1 would be off the table; Item 2, the time limit would be 75 days plus 15 days; Item 3, the City would select a qualified mediator. Ms. Harryman noted that the term mediator was very specific. Commissioner Fox suggested the use of a facilitator. Chair Blank noted that would be acceptable and that Sunrise Senior Living would pay for the facilitator. He added that each party would have no more than four participants in the mediation and that the participating members of the neighborhood would agree not to oppose the determination of substantial conformance for a project that was smaller than the proposed project. Commissioner Fox noted that she was not comfortable with adding conditions on the neighborhood at this point. She noted that anybody had the right to oppose a project and that no one's due process rights could be taken away. In response to an inquiry by Chair Blank regarding whether neighborhood participants must sign a legally binding agreement and whether it would prevent people from participating in the process, Mr. Dolan replied that it was important that the issue was understood by the Planning Commission and that the Commission can express some notion of support for the outcome. He noted there would always be people outside of the signature list. He stated that there PLANNING COMMISSION MINUTES June 11, 2008 Page 25 of 28