FAIRHOPE, Ala. — The City Council made its first comprehensive public statement this week about the Publix project at the Fly Creek planned unit development at U.S. 98 (Greeno Road) and Parker Road.

The project has been the object of intense criticism and allegations of legal violations in permitting and construction, primarily by Fairhope residents Paul Ripp and Chris Warner. Both men have been frequent vocal critics of the project at council and other city meetings since construction began on the project last year.

Warner, who has a doctorate in urban planning, ran unsuccessfully for mayor last year, and for City Council in 2004. Ripp, who recently won a case against the city’s Planning and Zoning Commission over a decision involving land he owns, led an organization called Operation Clean Sweep during last year’s municipal elections that advocated defeating most incumbents.

At recent council meetings, Council President Debbie Quinn said city legal counsel had advised that pending litigation at the so-called Dyas “Triangle” had to be considered and might prevent the council making any public statements about the project.

That litigation involves claims that the city treated the Fly Creek project more favorably than the proposed development at the Triangle planned unit development. A trial is set for November in that case, filed by the Dyases against the city and Mayor Tim Kant.

But Monday night, Quinn read a statement about the Publix project that she said had been “prepared in consultation with legal staff, the mayor’s office and the planning department.”

The statement related the procedural history of the Fly Creek PUD and then addressed in general terms the allegations made by Ripp and Warner.

“The written allegations of ordinance violations that have been submitted to the city have been provided to and investigated by the appropriate staff members of the (planning and public works departments),” Quinn read. “To date, the staff of the city has investigated each written allegation provided to the city. The staff has advised the mayor and council that all written allegations that have been provided to the city relative to the Publix project are either inapplicable or are false and incorrect.”

The statement read by Quinn also said the city will continue to monitor the progress of the project.

“If any issues arise in the future, the city will investigate and determine whether any violation of a city ordinance has occurred,” Quinn read. “If a violation has occurred, the city will take the appropriate steps necessary to insure compliance.”

After Quinn’s statement, both Ripp and Warner spoke during the public participation section of Monday’s council meeting.

Ripp also distributed a written statement, which said he is “asking the county to rescind the county right-of-way license (at the Publix project) on the basis that it was obtained under false pretenses or false documents.”

During their ongoing criticism of the Publix project, both Ripp and Warner have said on several occasions that if the city did not take enforcement actions and other specific steps to remedy what they believe are ordinance and other legal violations, they would bring a lawsuit against the city to enforce those laws.

Warner said yesterday morning that Ripp was meeting later that day with the Daniel Blackburn law firm to discuss retaining the firm for such a lawsuit.

The Blackburn firm is one of the firms representing the plaintiffs in the “Triangle” litigation.

“You will be sued, and you will lose,” Warner said during his public comments at the Monday council meeting.

In other business, the council:

• Authorized the mayor to engage the services of Moore Engineering Co. to obtain permits for water line projects at County Road 13 and State Highway 181 and, when funds become available, to award the contract for that work to that Fairhope engineering company that has provided engineering services to the city since 1958, according to the company.

• Awarded $2,500 to the local Boys and Girls Club to pay current salaries while the staff develops a plan to keep that agency from closing due to financial problems.

• Passed a resolution not to allow any city employee pay raises without prior council approval.

• Passed a resolution to temporarily discontinue the employee education assistance program.

• Passed a resolution enabling council members “to obtain information that is necessary for their committee or liaison position that they are appointed to by the City Council; and that the council president may obtain any information that he or she deems important for current and future work sessions or City Council agenda items.”

This resolution has the effect of amending the recent public information request resolution passed by the council, by exempting council members from having to file the same paperwork as other citizens in obtaining the information requested as part of their official duties, according to an e-mail sent by the council president to put the item on the Monday agenda.

• Heard a presentation by Calvin Hunt about the need to annex areas of the city south of town in order, among other reasons, to give the predominantly minority population in that area representation on the council and in city government.

• Appointed Jason Colee, city CIS manager, to the remaining “citizen member” position on the Strategic Planning Steering Committee.