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Neighborhood report

City moves toward lawsuit settlement

Neighbors and some council members want the city to fight the developer who proposes condos for a historic district.

By JANET ZINK
Published August 5, 2005

City Council members and City Attorney David Smith sparred at a council meeting July 28 over the scheduling of a public hearing on a settlement between the city and the developer of land at the edge of the Hyde Park Historic District.

After a long discussion, the council set a hearing for Sept. 1 at 6 p.m., with John Dingfelder, Linda Saul-Sena and Rose Ferlita voting against it.

Dingfelder told Smith he opposed the hearing because he wanted Smith to continue litigation with Citivest Construction Corp.

"This settlement is premature," Dingfelder said. "It sends a bad message to this community that anybody who doesn't like our decisions sues us and we collapse."

Smith countered that the city often fights lawsuits and wins. But Citivest made a good case for settling, he said, although he couldn't publicly discuss why the city decided to settle because doing so might open the door to more litigation.

"We have looked at this issue seriously," Smith said. "We are not intimidated by people who file lawsuits."

Citivest wants to put a condominium tower on Bayshore Boulevard at DeSoto Avenue. Neighbors object to the building, saying it's not appropriate for the 1.1-acre lot in the historic district. Last year, the Architectural Review Commission and the City Council rejected Citivest's proposal for 24 stories, already a scaled-back plan, and the developer took the issue to court. The city and the developer reached an agreement July 7 that would allow a 19-story building.

Smith, the city's historic preservation manager Del Acosta and land development manager Thom Snelling signed off on the deal. Smith said he negotiated the settlement to avoid exorbitant legal fees if the city loses the battle. The case could drag on for years, he said.

To illustrate, he used a dramatic example of a costly local legal battle, noting that Judge Gregory Holder had racked up a $1.92-million bill over two years to successfully fight plagiarism charges.

Smith said the council should schedule the hearing to learn details of the settlement and then decide whether to continue litigation.

The point of the hearing will be to discuss the size of the project. Architectural guidelines will not be relevant, Smith said.

Residents say the issues have already been discussed.

"I can't imagine there's any fact that we haven't heard about the case," Jeanne Holton Carufel, immediate past president of the Historic Hyde Park Neighborhood Association, told the council. "This historic district is in great danger right now."

Residents say the project doesn't comply with the city's rules for a historic district. They say any new construction must be similar in height and width to buildings on adjacent sites. A single-family house, the 10-story Bayshore Royal condo building and a two-story apartment complex surround the Citivest land.

The company's proposal could jeopardize the historic district's designation, neighbors say.

Neighbors say the city didn't fight hard enough and that they feel cut out of the process. They filed a motion to participate in the mediation, but a judge denied it.

"The attorneys' fees will not go away if you settle this case," said Seth Nelson, a lawyer hired by residents. Nelson said his clients will take the issue to court if necessary.

Council members who voted in favor of the public hearing said they trusted Smith to act in the city's best interest.

"We don't speak for the city of Tampa when it comes to legal matters," council member Shawn Harrison said. "Mr. Smith does."

- Janet Zink can be reached at 226-3401 or jzink@sptimes.com

[Last modified August 4, 2005, 08:43:14]