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Mayor Hosterman asked how soon they could provide the funds, if asked to do so by the Council. Mr. Lopez stated they are prepared to do so as soon as is required by the condition. Councilmember Sullivan asked and Mr. Dolan confirmed that staff typically verifies the fulfillment of required mitigation measures. Mr. Dolan again noted the ambiguity over intent. Staffs current position is that the condition was for payment of funds, not that staff was required to verify installation of a skylight. Councilmember Sullivan referred to the copy of Mr. Lowell's email provided by Mr. Lopez and said it seems clear that the Council's expectation was that the money paid by the Lopez family would go towards the installation of a skylight. He noted that he voted against the project and could not actually remember the Council's intent, since it was not something he supported. Councilmember Cook-Kallio noted that the full email, as opposed to the excerpt provided by Mr. Lopez, has a bit of a different tone. David Person said he is a former neighbor of the Lopez family and can attest to the derisive and bullying manner with which they have approached this entire process. He questioned the propriety of the mediator's email, stating that she crossed the line of good judgment in providing her opinions to this Council. He provided a photo taken of the Lopez home from the Perry's front window, noting the lone small tree that represents another required mitigation with which the applicants have failed to comply. He asked that the Council do the right thing and deny the Lopez's request. Mr. Perry said his family feels helpless against the bullying tactics of the Lopez family. Their decision to come out against the project was a difficult one and never something they imagined would result in this ongoing nightmare. He said the issue seems to be more about control than a skylight for the Lopez's. He too questioned how a neutral, unbiased mediator hired to help reach a resolution could then turn around and submit comments in support of one party. He said that the Lopez family has yet to fulfill a number of the promises made and asked the Council to stick with its original word in requiring them to pay $2,500 in mitigation. Councilmember Cook-Kallio asked if the Perry's would like a skylight, provided the funds were to cover the full purchase and installation costs. Mrs. Perry said it was always their intent to install a skylight but that the cost was unfortunately more than what was anticipated and than they could manage. She said there was never any intent to use the funds for anything other than mitigation. They spoke with Mr. Dolan about the potential to use the funds for landscaping because the applicant has failed to meet the requirements of that particular condition. Councilmember Sullivan asked and Mr. Dolan confirmed that the potted tree shown in Mr. Person's photo is the only planting mitigation required. Mr. Dolan explained that the Lopez family ended up in a position where they had to do some of the construction themselves. Due to limitations on work hours, the construction period has extended over a much long period than anyone anticipated. The Lopez's posed the argument staff that as they are still stuccoing and have not yet painted. It may not make sense to plant the tree at this time. Staff agreed there was some logic to waiting though certainly expected that it would have been done by now. Councilmember McGovern asked if the project is complete at this time. Mr. Dolan said the most recent inspection was in December. From the exterior, the house appears to be completed but unpainted. City Council Minutes Page 11 of 13 April 17, 2012