ORANGE BEACH, Ala. – An elevated crosswalk to the Village of Tannin will not be coming to Alabama 182 in west Orange Beach, but the City Council’s vote may still prompt a lawsuit by the city’s largest employer.

While leaving out the elevated walkover, the council added some other items to the amendment requiring Phoenix West II developer Brett/Robinson to pay the city $1.5 million when a certificate of occupancy is issued and pay for a signalized crosswalk at Alabama 182 and Power Line Road, pending state approval.

The amendment, offered up by Councilwoman Joni Blalock also call for Brett/Robinson to build and maintain restrooms on the public beach on the west side of the project, provide beach access on the east side for emergency vehicle access and also give $500,000 to connect the Backcountry Trail to the Highway 182 crosswalk.

Attorney Tom Benton of Mobile representing Brett/Robinson said the city has no legal standing to take such action and his clients would likely sue.

“Quite frankly, if y’all turn this thing down, I get to file a lawsuit,” Benton said before the vote. “And that’s good for Tom or good for my firm.

“The citizens of Orange Beach are going to pay hundreds of thousands of dollars defending a lawsuit. They may lose. I think they will lose.”

Brett/Robinson was seeking to pay only for the signalized crosswalk, $1.5 million in impact fees paid in 60 installments and provide emergency vehicle access to the beach with no public bathrooms.

Blalock’s amendment that was approved Tuesday also calls for payment of all the $1.5 million when the certificate of occupancy is issued.

“Every other modified (planned unit development) that has come before this council, public benefit, have been paid before or at the time of (certificate of occupancy),” Blalock said. “I just feel it’s proper when you get your CO and you’ve gotten the changes in the zoning, it’s appropriate that the city get their public benefits.”

Benton said his clients don’t have the money.

“If they had $1.5 million and just wrote the check and this was over with, they would do it,” he said. “But they don’t and that’s the reason they’ve asked for that. The problem I have with your amendment is you are charging an impact fees plus public benefits. I don’t think you can do that.”

Mayor Tony Kennon, who also sits on the planning commission and voted for the amendment Brett/Robinson proposed when it came up for a vote before the planning commission. He said his position all along has not changed from hoping the city could avoid a lawsuit.

“If we accept this, we walk away with a million and a half dollars in cash and no lawsuit,” Kennon said.

Kennon, who acted as a negotiator between Brett/Robinson and the Village of Tannin, said he felt he must abstain from voting on Blalock’s proposal. Councilman Jeff Silvers who works for Swift Supply and does business with Brett/Robinson also abstained.

The remaining four voters, Blalock, Brett Holk, Pattisue Simpson and Ed Carroll, all voted for the amendment resulting in a 4-0 passage.

Benton said he and his clients believe the city does not have the legal standing to make these changes to the PUD.

The vote amended a 2005 planned unit development awarded to Brett/Robinson to build the massive Phoenix West II development. The developer promised at that time to give $1.5 million toward building an elevated crosswalk from the south side of the road to the Village of Tannin, among other things.

Also promised was a $2 million contribution to the cross islander connecter fund and allow public beach access with restrooms on one side of the 32-story complex.

Brett/Robinson first started to seek changes in this PUD in November. The developer wanted to scrap the bridge proposal in favor of paying for a signalized cross walk at Alabama 182 and Power Line Road. Instead, it would make payments for five years on the $1.5 million.

The developer agreed to provide public beach access without bathrooms, but did not want to pay the $2 million to the cross islander connecter.