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Allegan council reconsiders and approves sale of ‘Girl Scout’ property after easement concerns
Summary
After public comments raising unrecorded easement and traffic concerns, the Allegan City Council voted to reconsider a June decision and approved the purchase-and-development agreement to sell the city-owned Girl Scout parcel to Allegan Development Company; the approval passed 5–2.
At its July 14 meeting the Allegan City Council voted to reconsider a June 23 vote and then approved a purchase-and-development agreement to sell the city-owned property commonly called the “Girl Scout” parcel to Allegan Development Company.
Staff described the proposed project as 38 residential units (26 condominiums and 12 townhomes). The development agreement calls for roughly $1.6 million in infrastructure investment by the developer and a $100,000 payment to the city; the lower half of the parcel would be donated to the Allegan Conservation District for an outdoor learning lab and public walking trail, according to staff materials distributed to council.
City Manager Joel Dye told the council that the sell-back and reconsideration process was prompted by city counsel advice that section 13-9 of the city charter requires five-sevenths affirmative votes to sell city property. Dye summarized the two-step process: first a motion to reconsider the June 23 vote, then, if reconsideration succeeds, a motion on the purchase-and-development agreement.
Members of the public urged caution. Matthew Pivovar, a neighborhood trustee, told the council he had searched the register of deeds and "they confirmed none of the easements have been recorded," warning that unrecorded easements could allow property owners to object to proposed utility connections and could lead to litigation. Stephen Small, a nearby resident, thanked Council member Walker for investigating and contested staff measurements of local road widths.
Dye and staff responded to those concerns. "There are no utilities in the private road areas. Period. All utilities terminated at the property lines," Dye said, and he noted the packet included a traffic-engineer memo and utility review. Staff also said the master plan supports the type of housing proposed in that area and that the development agreement includes clawback language to protect the city if necessary approvals are not obtained.
Council member Walker moved to bring the issue back for a full vote; that reconsideration motion carried on a roll call with all seven present voting yes. A subsequent motion to approve the purchase-and-development agreement passed on roll call 5–2. Council member Zeder voted no and Council member Walker also voted no; council members Westover, Canales, the member identified as “******,” Mayor Pro Tem Hans and Mayor Perrigo voted yes.
The council’s approval authorizes the mayor and clerk to sign the agreement and allows the developer to proceed through planning and any necessary rezoning and permitting. Staff told the council that recorded easements, any required rezoning, and potential legal challenges could affect the timetable; several council members asked staff to follow up with register-of-deeds research and to flag any unresolved easement risks before final conveyance.
The council moved on to other business after the vote; no additional conditions or amendments to the purchase-and-development agreement were recorded in the meeting minutes.
