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City Council votes to sue downtown developer
By LESTER R. DAILEY
| Article published on Wednesday, April 9, 2008 |
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CLEARWATER – Back in 2002, city officials had high hopes for the 5.4-acre former Dimmitt Chevrolet property on Cleveland Street.
In the spirit of “new urbanism” – enticing suburbanites to live and work downtown – the city’s Community Redevelopment Agency entered into an agreement for Sarasota developer Bruce Balk to build 100 residential units, ranging from 1,200 to 1,600 square feet, on the site.
The project, called Mediterranean Village in the Park, would adjoin the new downtown park that had been created around the 4-acre Town Lake which had been transformed from an unsightly, concrete-walled retention pond that was unofficially known as the Frog Pond.
But Balk abandoned the project after only 15 units of the first phase of the three-phase project had been completed. The CRA sought other developers to complete the project but there was a problem: Balk refused to sign a “termination certificate” that would allow another developer to take over where Balk left off, city officials said.
“As a result, a cloud currently exists on the title to the subject property which must be cleared prior to conveyance of the property to a third party,” a memo from the city’s legal department to the City Council explained.
The legal department received the council’s permission to file a lawsuit against Balk and his two companies, the Balk Company Inc. and Mediterranean Village, LLC. The suit will ask the court to either enforce the original contract between Balk and the CRA or “quiet” the title to the land so another developer can build on it.
And Balk wasn’t the only downtown developer to draw the ire of council members at the April 4 City Council meeting. Councilman Paul Gibson was furious at Opus South, which is building the 25-story Water’s Edge condominium complex next to City Hall.
Overspray from stucco and paint being sprayed on the building has landed on a car belonging to Gibson.
“My opinion – and it’s supported by fact – is that they really don’t care,” Gibson said of Opus.
Perry Lopez, the city’s construction manager, replied that he had spoken with Opus officials and they had promised to take preventative measures, including repairing the protective netting around the building. He added that Opus has made arrangements for a local carwash to wash the damaged cars and for an overspray cleaning company to come to City Hall and clean those cars that cannot conveniently be taken to the carwash. But that didn’t satisfy Gibson.
“I’ve asked the city attorney to see what city ordinance they’re violating, and I’m sure they are,” he said. “If we look hard enough, I’m sure we’ll find one … If we don’t have one, there should be one.”
Councilwoman Carlen Petersen, whose car was also slimed, felt Gibson was making a mountain out of a molehill.
“I couldn’t have been treated better by the company,” she said, adding that she has seen Gibson’s car after it had been cleaned and it looked fine. But Gibson still wanted to take action.
“Why don’t we give them a stop-work order for a week or two to reflect on what they’re doing?” he asked.
City officials explained that that would not be possible, but the exterior work is expected to be finished in 30 to 45 days.
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Article published on Wednesday, April 9, 2008
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