August 2003

August Activities Announcements

The Salmon BBQ is just a few weeks away!!  Don’t delay and get your reservation form in to Shelley Fosmire.  She needs your form AND check by Friday August 29th.  Reservations received after that date WILL be accepted, however, a surcharge may apply.  So, please get your form and money in so that we can plan, purchase and prepare accordingly.  The at-the-door cost will apply for walk-ins.  Thanks in advance for your consideration.We still need help with….
  • Flower procurement (see details below)
  • Kitchen crew before, during and after (leftovers for those who help post event!)
  • Phone calling the newcomers to let them know about the event
  • Reservation table at the event
On Tuesday, September 2nd there will be a VERY important meeting for all volunteers at 7 pm at the Clubhouse.   Just the facts again:

Innis Arden Salmon BBQ Sunday, September 7th from 4 to 7 pm
@ The Innis Arden Clubhouse
Games, face painting, entertainment galore!

Stop, and Smell (and Cut) the Flowers

  • Help! We need your help and flower donations!
  • Help us procure flowers for the upcoming Salmon Barbeque.

It's easy as 1-2-3.
1.  What this entails is going into your garden or a neighbor's (with their permission, of course) and snip away.
2. Please place flowers in a bucket with water.  Call Sheri Miller at 533-9277 to arrange for delivery.
3.  Flowers need to be delivered by Friday, September 5th (Barbeque is on Sunday). Sheri and a couple of volunteers will then work their magic for table designing.
Thank you, thank you!

Twist up your pig tails, dust off your lederhosen and join our neighbors for a Stein of Beer at the first annual Innis Arden Oktoberfest party. Bratwurst, sauerkraut, German Potato salad and Northwest Micro brewery beer will be on hand on Saturday, October 18th at the clubhouse.  Adults only so plan ahead and get a sitter.

Grounds for Celebration
The last installation phase of the Innis Arden playground was just completed.  Thank you Tracy Landboe for coordinating this effort.  The new equipment was in just before the All-City Swim Meet and will be great to have for the upcoming Salmon BBQ and for many, many years to come!

Agenda for the September 9th 7:00 PM Board Meeting

  • Approve Minutes Community Comments
  • Board Agenda (to be posted on Web site 3 days before meeting)
  • Committee Reports Building and Remodels:
    Buescher, 18024 13th N.W.: replace L.P. siding with cedar siding. Enclose carport and install garage door.
    Morales, 18737 Ridgefield Rd N.W.--Master bedroom and living room expansion and sunroom addition.
    O'Neil, 18645 17th N.W.--Swimming Pool
  • Closing

Agenda for Special Meeting of the Board of Directors
September 4th: 7:00 PM

Discussion will continue regarding amending the bylaws to incorporate a covenant compliance process including

  • A hearing procedure
  • Implementation of fines for non-compliance
  • An appeal process that provides for binding arbitration with an impartial third party

The Board plans to invite a few guests who are residents of communities with covenant enforcement and fines. We will get a first hand account of what their experiences are.

Innis Arden Club, Inc. Lawsuit Status:

Currently, there are no active lawsuits involving the Innis Arden Club, Inc. The Dillard case has been dismissed because a completed Building and Remodel application was submitted to the Board. Cottingham's discrimination complaint against the Board was dismissed by the Washington State Human Rights Commission. Y-T-D legal expenses are $544 under budget.

Properties that are exempt from the View Preservation Amendment:

  • Innis Arden I: "This provision shall not apply to the east half of Lots 1 through 13, Block 1 (which abut Eighth Ave. N.W.) for which view is not a factor and on which trees, shrubs, brush and landscaping will not impair to views of others.”
  • Innis Arden II: All property falls under the View Preservation Amendment in this subdivision.
  • Innis Arden III: "This provision shall not apply to: the southeasterly half of Lots 10 through 27, all of Lots 28 through 58, and the northerly half of Lots 59 through 61, Block 29; all lots in Block 30; those portions of Lots 10 through 26 lying southerly of the existing houses therein; all of Lots 27 through 32, Block 31; and all lots in Block 32 for which views are not factor and on which trees, shrubs, brush and landscaping will not impair the view of others."

If you don't know what subdivision, block and lot you live in, look at upper left corner of the address label on your Bulletin. Note: Only trees that are view blocking fall under the amendment.

Special Meeting of the Board of Directors,
July 29th, 2003
Summary of Minutes

Present: Michael Rasch (President), Mike Jacobs (Vice President), June Howard (Treasurer), Carol Solle (Secretary), Ewa Sledziewski (Clubhouse), Dave Fosmire (Reserves), Loys Lamb (Building and Remodels), Maggie Taber (Grounds). Excused: Roger Lowell (Activities). Community members attending: About 60???

  • Rasch: The meeting was called in order to discuss amending the Innis Arden bylaws to incorporate covenant compliance including a hearing procedure, implementation of fines for non-compliance, and an appeal process that provides for binding arbitration. Following complaint initiation, the new procedure would allow the Board or committee to do a site visit, have an informal hearing, and make a determination. If a violation is determined, time would be given to achieve compliance.
  • Jacobs: When we bought our homes, we were given copies of the covenants and agreed to be bound by them. The Board is authorized by state statute to enforce the covenants with the use of fines. It is time to put an end to lawsuits that have been happening in this community. Lawsuits are unfair to people who can't afford it.
  • Howard: Knows of a lawsuit that is still unresolved after twelve years. People shouldn't have to go through that.
  • Solle: Club Counsel said that the covenants are like the Constitution. Bylaws are the way we implement our covenants. The bylaw amendment adds no new restrictions to the covenants, but only a way to enforce the existing covenants.
  • Sledziewski: Litigation creates an unpleasant atmosphere and is very costly.
  • Lamb: It has been said that the Board is overextending itself. However, there are many steps in the compliance enforcement process.

Rasch: The Board does not want to do this, but the status quo is not fair. The King County Department of Assessments has assigned the following values to views:

 
Puget Sound
Olympics
Fair
$30,000
 
Average
$60,000
 
Good
$100,000
$15,000
Excellent
$200,000
$40,000
  • R.L. Smith feels that the covenants are important but the method is dubious. It should be voted upon by the community. Having a Board vote would result in chaos.
  • Al Wagar offered two observations: 1) allowing the Board to vote itself sweeping new powers sets a terrible precedent; 2) the proposed fine schedule is confiscatory, soon reaching $2,400 per month or $29,200 per year.
  • Harry Obedin felt there is no alternative but to give the Board the power to enforce the covenants with fines. $29,000 is nothing compared to lost property values.
  • Glenn Gallaugher bought here for the covenants and expected them to be enforced. All we are talking about is fines that will not happen if compliance is maintained.
  • Roxana Augusztiny was concerned about the power of the Board. She asked that the legal opinions obtained from counsel be published in the Bulletin and posted on the Web site.
  • Larry Bliss felt that this should be only be done as a result of a vote of the community, and that fines should be lower.
  • Marc Weinberg remarked that two years ago we had town meetings to help give the Board direction, which resulted in the survey. He doesn't doubt that respondents wanted to see covenants enforced and he wants to see people work hard to comply. We need a method and a means to address the majority.
  • Elaine Phelps feels that the Board is unfair and was upset that her letter to the editor was not printed in the Bulletin. She also questioned why shareholders had only 2 minutes to speak, yet people on the Board spoke for more than 2 minutes.
  • Jim O'Hanlon said that the survey showed that people want their views protected. The Board is doing a good job and we should let them go on.
  • Helen Wolf has been waiting for a long time for compliance. Judge Ellington wanted the Board to be involved in view protection and supports the covenant compliance bylaw amendment.
  • Josh West suggested that the board truthfully admits that it can not offer even the "appearance of fairness" standard we maintain for formal governmental bodies. Allowing any such small group to take such broad "judicial" power allows far too much potential for abuse. The board would have no power to force participation in hearing or arbitration, nor power to prevent suits against itself in the event that a controversial decision is made
  • Sandy Risse wants covenants enforced and pointed out that the trees on the playground are out of compliance.
  • Steve Stiens signed off on the covenants, and feels that they make our community unique. Feels that the fines are too steep.
  • Fran Lilliness said that the Board is charged with enforcing the covenants, as they are our insurance.
  • Bonnie Jardine believes that this should require a covenant amendment. The Board is giving us scare tactics.
  • Pam Smit didn't dream she'd have to sue neighbors to get them to comply. Feels that everyone should be responsible financially to achieve compliance.
  • Stacey Peterson bought her house four years ago and asked neighbors if they (Petersons) had any view blocking trees and they said no. Why should people up the hill expect people at the bottom of the hill to prune trees? Views aren't the only thing that increase property value, privacy does too.
  • Harold Parker sued his neighbor and the Board because he felt the Board did not enforce the covenants. Although he lost the case, nothing can be built into the setback (editor's note, see the June 2002 Bulletin for more details).
  • Bill McKinley said that the Board can be used as a weapon, just like the courts. He is in favor of the bylaw amendment.
  • Kurt Manchester supports the Board and feels this amendment is a 'no brainer'.
  • Ron Babcock feels this should be decided upon by a vote, and that fines are too aggressive.
  • Mark Smith appreciates the discussion but is not for fines. He is concerned that that is no voice on the Board opposing fines, and this should be voted upon.
  • Eric Larson: 1) Felt this was a friendly meeting 2) is against a Board decision and should be decided upon by a vote. 3) Is worried about a conflict of interest. All legal opinions should be available to the community.
  • Guenter Risse has property next to a critical area (steep slope). What if the city won't let him cut his trees? This is a 'catch 22', being stuck between Shoreline and Innis Arden. "Nuisance" is a slippery term and he suggested obtaining a legal opinion that defines nuisance.
  • Judy Allen complimented the proactive Board and feels we should give this a try. If you object, you can run for the Board and put your time in.

Michael Rasch responded to the comments:

  • The fine schedule is designed to hurt in the pocketbook. Otherwise it wouldn't work. However, during the next Special Meeting of the Board of Directors (September 4th) we can discuss making adjustments. However, our goal is compliance, not punishment.
  • Rasch will check with our attorney to see if we could publish the opinion letter in the Bulletin and on the Web site.
  • With regard to the Board's fairness, a letter to the editor written by Nancy Rust who represents ARM of IA was published in the June 2003 issue. The July 2003 issue had a letter to the editor expressing a different opinion. This is balanced. At any meeting of the Board of Directors, directors can speak for more than two minutes. The two minute rule for shareholders was adopted to allow broader participation, to limit the length of Board meetings and to eliminate monopolization of the comment period. It was modeled after the City of Shoreline's public comment policy. If shareholders need more than 2 minutes to express their opinions, the Board welcomes letters and email.
  • Regarding trees in critical areas, mitigation can be achieved. For example some trees can be removed and replaced with lower growing species. On flat land city code allows people to cut up to six significant trees (eight inches in diameter at breast height for conifers or 12 inches in diameter at breast height for all others) without a permit every three years.
  • We intend to maintain the grounds and reserves for views. Rasch urged Sandy Risse to write the Board about the view blocking trees on the playground.
  • With regard to conflict of interest, paragraph (6) of the proposed amendment states that "Board members whose participation would genuinely compromise the fairness of the complaint resolution process shall not participate in it." If the amendment is adopted, Rasch does not intend to use the procedure personally. Can other Board members go after shareholders using this procedure? This has not been determined and will be discussed during the September 4th meeting.
  • Addressing Stacey Peterson's question about pruning trees for people up the hill, Judge Ellington ruled that 'neighboring lots' applies to all lots in Innis Arden for purposes of covenant enforcement.
  • Regarding the definition of 'nuisance', Rasch said that there are many definitions and that we would use a legal definition. However, the definition is and always has been subjective.
  • During the next meeting, the composition of the 'compliance committee' will be discussed. Perhaps get a list of volunteers and then select 4 or 5 on a random basis was suggested.
  • Rasch emphasized that the Board has not discussed implementation details of the amendment (i.e. shareholder or Board vote or covenant amendment, composition of compliance committee, fine schedule adjustments) until it has received input from the community.

Meeting was adjourned at 8:45 PM.

Innis Arden Club, Inc.
Board of Directors Meeting
August 12, 7:00 PM
Summary of Minutes

The meeting was called to order at 7:10 p.m.
Board members present: Michael Rasch (President), Mike Jacobs (Vice President), June Howard (Treasurer), Carol Solle (Secretary), Loys Lamb (Buildings and Remodels), Maggie Taber (Grounds), Dave Fosmire (Reserves), Roger Lowell (Activities) , Ewa Sledziewski (Clubhouse): Community members attending: about 15

Action: A motion to approve the July 2003 minutes passed unanimously.

A. Community Announcements and Concerns

  • Rasch reported that in April of this year, the Cottinghams filed a complaint to the Human Rights Commission against the Innis Arden Board alleging discrimination against the handicapped because it denied without prejudice remodel approval for an elevator and ramp. The Board did not approve of the remodel because the building and remodel application was incomplete. It did not include a set of plans showing dimensions, exterior materials and details concerning the foundation and connection to the existing building. The neighbor signoff was not complete. The warranty of compliance was not submitted. The Board urged Cottingham to submit the completed application and offered to expedite approval.
    Subsequently the Human Rights Commission has investigated the allegations and has dismissed the complaint. The Board is again urging the Cottinghams to submit a completed application.
  • Ia Dubois was troubled when poles went up in front of her property. She had not been aware that radar signs were going to be placed in Innis Arden, and in front of her house. She approached the City and Jesus Sanchez graciously removed the poles. She would like to be part of the decision making process and does not want signage placed near her property.
  • Marc Weinberg observed an organized soccer game on the playfield Saturday and thought that the league was not contracted to do this. Grounds Chair Maggie Taber will ask the League President if the league is using our field without a contract. Club insurance will cover Innis Arden residents using the playfield, but not organized soccer.
  • Stacey Peterson was thankful for the new stop sign at Ridgefield Road and Springdale Court. Rasch added that this will eventually be an 'all way' stop intersection with sidewalks and crosswalks.
  • Rasch reported that the current traffic calming plan is for one speed hump, a 3 way stop, and radar signs. The signs will not be put up unless the adjacent homeowner agrees in writing. Speed has dramatically decreased on Springdale Court since the humps were put in. The City has indicated that as part of a long range plan they are looking at the possibility of installing sidewalks in Inns Arden.
  • Averill suggested finding out if the City is following state rules regarding speed humps, and suggested a 3-way stop at 175th, 14th, and 15th. Rasch encouraged Averill to follow up with the City.
  • Mike Joy added that Innis Arden Drive is included in the NTSP (Neighborhood Traffic Safety Program).
  • Solle announced that a ground breaking ceremony for the Interurban Trail is taking place Friday, August 15th, 9:00AM behind McDonald's at 15201 Aurora Ave. N.

B. Board Agenda

Council of Neighborhoods:
Solle announced that Judy Allen has volunteered to represent Innis Arden in the Council of Neighborhoods.
Action: A motion to have Judy Allen represent Innis Arden in the Council of Neighborhoods was passed unanimously

Shoreline Community College Master Plan:
Summary:

  • The college was designed to accommodate 2,500 students. The present number of full time equivalents (FTE) is 5,740 and total head count (including part time students) is 8,172. The project anticipates a 19% increase in FTE's and total head count.
  • Currently there are 456,000 square feet of floor area. The proposed project would add 211,000 square feet floor area.
  • The project will take 4 plus acres of the second growth trees (the water shed above Hidden Lake on the hill).
  • The proposed project would add a parking garage, an amphitheater, and adjacent to it parking and a baseball and soccer field, which would frequently be lit until 10:00 PM.
  • Public comment period ends August 14th.

A petition was proposed against the plan because it not consider the impact that traffic and glare will have on the five hundred thirty six families living in Innis Arden.

  • Lowell felt that the College is an asset to our property values. Petitions drive up lawyers' fees as well as the cost of the Environmental Impact Statement. He feels we should bite the bullet and live with it.
  • Jacobs isn't opposed to growth but would like to see the College consider traffic implications.
  • Rasch said they have not consulted with neighboring communities.
  • Solle said she was invited to become involved several months ago, but declined due to time constraints.
  • O’Neil is in favor of what the College is doing. They have some really good programs and are trying to provide educational opportunities for our kids.
  • Cottingham said that students have been parking illegally.
  • Susan Leonhardi who works at the College observed that parking is always a problem that goes along with colleges.
  • Cottingham said the plan is a 'joint use' between the College and the City, and the plan will be financed by a bond issue.
  • Wager who lives adjacent to Shoreview Park did not receive any notification.

A petition was distributed opposing the plan until consideration is given to traffic and glare.

Membership with the Community Associations Institute (CAI):
Membership is $350/year and benefits include reduced rates on publications, classes and workshops and access to 'members only' information on their web site including a research library and message board. On October 4th an educational conference and trade show will be held that offers some interesting seminars. (editors note: Web site is http://www.caionline.org and the Washington Chapter is on http://www.wscai.org/outside_frame.asp).
Action: A motion to join CAI for $350/year was passed unanimously.

  • West asked if the books recently purchased are available to everyone in the community. The Board has not discussed this and did not have an answer.

Proposed Bylaw Amendment to incorporate covenant enforcement:

  • West suggested that lawsuits will still be required to enforce paragraph #4 of the covenants.
  • Wagar doesn't feel that the Board should expand its own powers. It should be decided by the community which would result in more legitimacy.
  • Rasch agreed that paragraph #4 would probably require litigation to enforce. Fines would be used only when a resident files a complaint against another resident. But he disagreed that we are expanding our powers. The opinion letter from Eglick stated that we have these powers without the RCW.
  • Averill asserted that there is a difference of legal opinion in the community. Jacobs asked to review such a document.
  • Rasch said that if it gets challenged in court, we will stand by it.
  • Judy Allen asked how a vote would be done. Jacobs answered that we could have a special shareholders' meeting and a simple majority would pass the amendment.
  • Sledziewski commented that a small group attending a meeting would not be a fair representation of the whole community.

C. Committee Reports

Treasurer:
Howard distributed the July 2003 Treasurer's report. Our finances are on track.

Activities:
Lowell had nothing to report this month.

Grounds:
Taber will call Hillwood Soccer to find out if they are using our playfield without a contract. She has been considering the removal of 'volunteer' trees along the SW edge of the property as well as 2 fir trees next to the retaining that could fall into the road. The 'volunteer' trees are choking out the planted vegetation.

Clubhouse:
The Clubhouse remodel committee met in person a couple of weeks ago. The first workshop with the architect is scheduled for September 17th, and not only will the Clubhouse be discussed, but the entire piece of property. Representatives from Activities Committee and the Swim Club are contributing. Sledziewski reminded residents that if you are renting the clubhouse for an organization, company, or church you must pay the 'non member', not the 'member' price. Yoshiaki and Naomi Minegishi generously donated a beautiful table for the clubhouse.
Action: A motion that the Innis Arden Club pay for printing and mailing a flyer regarding the Clubhouse remodel not to exceed $80 was passed unanimously.
Action: A motion to accept the Boxwood Architecture firm to work on developing the five acres for the same price as developing a plan for the clubhouse was passed unanimously.

Reserves:
Fosmire is still identifying hazardous trees. Several trees have fallen on trails within the last two week in the Boeing Creek and Eagle Reserves. Jacobs is uncomfortable with leaving trails open. Now that we are aware of the hazardous trees, we are liable. The City is slowing us down. Jacobs will write a letter to the City attorney.

  • Wagar said that he and Bliss walked through Boeing Creek Reserve and agreed that the trees are hazardous, but not eminently so.

Buildings and Remodels:

  • Morely, 16751 15th NW: add 6-1/2 foot deck to house. The Board did not make a site visit.
    Action: A motion to deny the remodel pending a Board visit was passed unanimously.
  • Buescher, 18024 13th N.W.: Application is not ready
  • Diorio, 17001 15th NW: The remodel was approved two years ago, and Diorio has sent a letter explaining the delay.
    Action: A motion to extend the Diorio application an additional 12 months was passed unanimously.
  • O'Neil, 18645 17th NW: Height on plans that the Board approved is 13' 11-1/2". Existing roof ridge according to plans submitted was 14' 8". The height of the roof as built is 15' 6" above grade.
    • O'Neil explained that when he purchased the home, there were many view blocking trees which he has since removed. He maintains that the new structure is actually lower than the recomputed original roof height. He stressed that the old roof height was actually 15' 9" if a 5.5/12 slope is used in the calculation.
    • Heffron (architect) explained that adequate roof height was needed for roof drainage and to provide privacy for the roof deck. He documented the original roof slope using crude tools. The slope of the original roof was actually steeper than he had initially indicated. He agreed with Jacobs that the corrected original roof height is based on anecdotal information. A mansard roof is on the perimeter of the house, and with the garage being extended to the east, the house is going to appear higher.
    • Rasch asked if it would be possible to build a lowered mansard roof, and Heffron responded that it would have to be rebuilt.
    • Leonhardi (neighbor) reconstructed the original roof based on pictures obtained from the King County archives. He said that it was 13' 4". He also expressed concern regarding a potential 'two step building and remodel process' in which 1) a remodel is approved 2) the remodel does not follow plans and another application is made, leveraging financial impact that would be incurred based upon having to change what's been built. He was not given the opportunity to be included in the planning of the latest remodel configuration. The increased roof height has significantly impaired his view of the Sound and mountains. He felt that covenants need to be consistently enforced.
    • Jacobs clarified that O'Neil did not change any plans, but that a dimensional error had been made. O'Neil and Heffron agreed.
    • Lowell pointed out that the Board has a responsibility over property, not people.

Action: A motion to disapprove the resubmitted plans and that all construction on the mansard roof shall cease until new plans with a lowered roof have been presented to and approved by the Board was passed unanimously

D. Closing

  • Jacobs has the signed contract that Elaine Phelps has been asking for. He will try to give it to her during the next meeting
  • Ballo said that Wendy Berry and Kirk Peterson with the Parks department may be a resource for information regarding the Shoreline Community College Master Plan.

Action: At 10:45, a motion to adjourn was unanimously approved.
-Carol Solle, Secretary

Legal Opinion on Authority to Levy Fines for Covenant Violations

All Cities Swim Meet Results and Pictures

Bulletin Board

  • Found: Set of keys in Clubhouse kitchen. Call 542-4978 to identify.
  • Heavy Cedar siding -- & construction lumber U Haul or just load my truck if you don't have one and I'll drive it to your house for you. Marc 546-8952