HomeMy WebLinkAbout2022-077REVISED
CITY OF COLUMBIA HEIGHTS, MINNESOTA
RESOLUTION NO. 2022-77
RESOLUTION APPROVING THE BYLAWS, AS PERTAINING TO THE HEIGHTS, CIC #342, ANOKA
COUNTY, MINNESOTA WHICH ESTABLISHES THE OPERATIONS OF THE MEMBERS, OFFICERS
AND BOARD OF DIRECTORS OF THE HEIGHTS OWNERS ASSOCIATION AND ALSO SPECIFIES
MEETING AND VOTING REQUIREMENTS.
BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights,
Minnesota ("City") as follows:
Section 1. Recitals.
1.01. The City, the Economic Development Authority, and BPOZ Columbia Heights, LLC
("Developer") have previously entered into a Purchase and Redevelopment Contract (the
"Contract"), which provided for the conveyance by the City and the Authority of the
City/Authority Parcels located at the southeast corner of Central Avenue and 40th Avenue NE
(the "Redevelopment Property") to the Developer, and the construction of improvements by
the Developer of a multi -use facility comprising commercial space, a city hall, and multi -family
housing (the "Minimum Improvements").
1.02. A Transfer Agreement between the City and Developer (the "Transfer
Agreement") was entered into on October 27, 2020, in which each party agreed that upon
completion of the Commercial Unit (the "City Hall Component") in a Grey Shell Condition as
described therein, the Developer shall convey this Commercial Unit to the City for no additional
consideration.
1.03. The City and Developer have negotiated a Declaration/CIC PLAT to address items
including, but not limited to, allocation of common element ownership percentages, common
expense liability and voting rights, ownership rights and responsibilities, easements, covenants,
restrictions and conditions of the parties.
1.04. The Transfer Agreement and Declaration/CIC Plat provide for the establishment of
the Heights Owners Association as a nonprofit corporation organized under Chapter 317A of
Minnesota Statutes, as amended, via Articles of Incorporation on file with the Minnesota
Secretary of State.
1.05. Corporate bylaws are required to be established to govern operations and
governance of the Association.
Section 2. Declaration Bylaws.
2.01 The Bylaws as presented to the Council are hereby in all respects approved,
subject to modifications that do not alter the substance of the transaction and that are
approved by the Mayor and City Manager, provided that execution of the Bylaws by such
officials shall be conclusive evidence of approval.
2.02. The Mayor and City Manager are hereby authorized to execute on behalf of the
City any documents referenced therein or related to the formation and operation of the
common interest community and Association formed to operate the common interest
community requiring execution by the City, and to carry out, on behalf of the City, its
obligations thereunder.
2.03. City staff and consultants are authorized to take any action necessary to carry
out the intent of this resolution.
Adopted by the City Council of the City of Columbia Heights this 22"d day of August,
2022.
Offered by: Novitsky
Seconded by: Buesgens
Roll Call: All Ayes, Murzyn Jr. Absent
ATTEST:
4
ara Ion, City Clerk/Council Secretary
-2-
ada Marq ez Simula, Mayor