Council kills causeway cell tower

By Jenny Wilkins
Staff Writer
Posted 12/3/08

SPANISH FORT, Ala.— After months of  meetings and public hearings, the fate  of better cell phone reception on the causeway and bayway dropped Monday after the City Council voted 3-2 against rezoning property at 1595 Battleship Parkway from …

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Council kills causeway cell tower

Posted

SPANISH FORT, Ala.— After months of  meetings and public hearings, the fate  of better cell phone reception on the causeway and bayway dropped Monday after the City Council voted 3-2 against rezoning property at 1595 Battleship Parkway from R-1—low density residential district—to T-1—telecommunication district.

With a council of six members, a majority vote of four is required to pass the ordinance and the council was one vote short to approve rezoning for a 180-foot telecommunications tower at 1595 Battleship Parkway at the old Exxon gasoline station.

Mayor Joe Bonner and council members Joe Thomas and Dennis Dismuke voted “yes” to rezone the property to allow for the telecommunications tower.

Council members Mary Brabner and Mike McMillan voted “no” for rezoning.

Councilman Tom Sawyer was absent.

City Attorney David Conner will prepare a letter of denial for AT&T including the reasons for denial.

Bonner passed the gavel to McMillan—mayor pro tempore—to allow for himself to make a motion to adopt the ordinance.

Bonner made the motion to adopt the ordinance “based on safety,” he said.

AT&T must wait 12 months before they can  file another application to rezone the property, according to  Conner.

Andy Rotenstreich, a Birmingham-based attorney representing AT&T and the landowner, said before the vote, “We think we’ve done everything, we think we meet your ordinance, we think we’ve shown the coverage that’s needed … we’re willing to pretty much do whatever we can in order to get the aesthetics as pleasing as possible.”

Rotenstreich said AT&T did its “homework” by looking at other pieces of property but said they “won’t work.”

City officials have expressed concerns to get the canopy removed at the old Exxon location and Rotenstreich said AT&T would take down the canopy at its expense, if the rezoning was approved, though it wasn’t.

“I do see it from a safety standpoint,” Dismuke said before be voted “yes” to rezone the property.

Dismuke expressed concerns over the cell coverage for those driving on the causeway and bayway, as well as boaters in the area.

“This is an important site for us,” Rotenstreich said. “I mean, we would have walked away a long time ago if it wasn’t.

“Safety’s always an issue for us.”

It’s also an issue for at least one business owner who spoke out at the meeting; her restaurant could use the cell phone coverage, in light of a recent event.

Barbara Bridges, owner of Ed’s Seafood Shed on the causeway in Spanish Fort spoke during public participation before the vote on why she believes rezoning should be approved to erect the tower.

Ed’s Seafood Shed was reportedly robbed the night of Nov. 21.

“It was a vicious robbery,” Bridges said. “They held hostages.”

Cell phone service on the causeway is lousy at best,” Bridges said.

Robbers reportedly pulled landlines from the wall at the restaurant. A few employees managed to call the police from cell phones, one from inside the store hiding under the table, and one after escaping being chased by a 40-caliber pistol, Bridges said. 

“It is critical that we have cell phone coverage,” Bridges said. “People have to consider the safety of everyone.”

The cell tower’s fate didn’t look good in the eyes of many city officials from the beginning.

The Planning Commission had voted 5-4  against rezoning the property and gave a negative recommendation to the City Council after the Aug. 11 meeting.

“I am very concerned with the aesthetics, however, I believe that is not the best use for that piece of that property,” Brabner said at the Nov. 17 meeting. “There are things that we would like to see … happen on the causeway.

“That property is valuable in potential future plans.”

McMillan has said he would like to see this area open up for fishing piers, board walks and boat launches for residents to use.

 “Once we go to a cell tower … there’s no chance of maintaining the natural aspects of that causeway area,” McMillan has said. “We can see that area being used for better designs.”

AT&T can seek other causeway locations, however, just not property at 1595 Battleship Parkway for 12 months.