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
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