Loading...
HomeMy WebLinkAbout2023-010CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO.2023-10 RESOLUTION APPOINTING THE CITY MANAGER TO THE HEIGHTS OWNERS ASSOCIATION BOARD OF DIRECTORS. BE IT RESOLVED by the City Council ("Council") of the City of Columbia Heights, Minnesota ("City") as follows: Section 1. Recitals. 1.01. A Transfer Agreement between the City and Developer BPOZ, LLC (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. 1.02. A Declaration/CIC PLAT (the "Declaration") was, or will be, entered into by the Developer in which, upon conveyance of the Commercial Unit to the City, each party agreed to 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. 1.03. 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 which are, or will be, on file with the Minnesota Secretary of State. 1.04. Corporate bylaws governing operations and governance of the Heights Owners Association were approved by the Columbia Heights City Council on August 22, 2022 via Resolution 2022-77. 1.05. Article 4 of the Corporate Bylaws establish the Initial Board and Number and Appointment of each successive Board whereby the City as Commercial Owner has one seat on the Board. Section 2. Board Appointment. 2.01 The City Council appoints upon completion of the formation of the common interest community and nonprofit corporation referenced above, the natural person employed as, and serving in the role of City Manager to serve as the Commercial Owner representative on the Board of Directors for the Heights Owners Association. Absent further resolution, in the event the person employed as, and serving in the role of City Manager changes, this resolution shall operate to automatically appoint the next natural person employed as, and serving in the role of City Manager, to serve as the Commercial Owner representative on the Board of Directors for the Heights Owners Association. 2.02. The appointment of the person employed as, and serving in the role of City Manager to the Board of Directors is permanent, or until such time as the City Council takes formal action to appoint a different person to fill the Board of Directors position or as may otherwise be specified herein related to a temporary appointment of the Acting or Interim City Manager. 2.03. To the extent permitted by law, in the absence of the City Manager or upon the resignation from the Board of Directors of the Heights Owners Association of the City Manager (whether related to a change in employment or otherwise), the Acting or Interim City Manager shall temporarily serve on the Board of Directors for the Heights Owners Association, in the same capacity as the City Manager, until a new natural person is employed as, and serves in the role of City Manager. Adopted by the City Council of the City of Columbia Heights this 13th day of February, 2023. Offered by: Buesgens Seconded by: Spriggs Roll Call: All Ayes ATTEST: ra Ion, City Clerk/Council Secretary Am da Marquez Simula, ay r -2-