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HomeMy WebLinkAbout2011 10 05 Ltr from City alYOF SEBP$fl1AN HOME OF PELICAN ISLAND 1225 MAIN STREET• SEBASTIAN, FLORIDA 32958 TELEPHONE: (772)589-5330• FAX(772)589-5570 TO: Tim Adams, President-F herman's Landing Sebastian (FLS) FROM: Al Minner, City Manag � RE: DEP COMPLIANCE A 1NG DATE: Wednesday, October 5, 011 CC: Members of the Sebastian City Council Bob Ginsburg, City Attorney Sally Maio City Clerk Debbie Mayfield, Florida Representative—District 80 Grant Gelhardt, Environmental Administrator, FCT William Tiede Indian River 9 Seafood, Inc. Debbie McManus, Fisherman's Landing Restaurant, LLC On September 27, 2011, City of Sebastian (COS) received a Compliance Warning from FCT. The purpose of this letter is to provide preliminary discussion points between COS, FLS and FLS tenants on issues concerning grant compliance. It is COS's anticipation that the parties will be meeting sometime during the week of October 3rd to find reasonable solutions to the following FCT compliance issues: RESTAURANT OPERATIONS—COS defines limited food service to be"approximately 6 tables" within the"upper railed"area of the facility. If authorized by FLS and Indian River Seafood, Inc., common areas may be used by the eatery; however, the common areas cannot have wait service, Further, food and beverage cannot be ordered or served in these areas. As example of permitted "restaurant operations", COS offers two scenarios: 1. Snack Bar Service-Food is ordered and paid for at a cashier station and picked up when ready. No wait service (below railed area or decks). Seating or consumption of food/beverage anywhere in common area, decks or recognized eatery area. 2. Display Service—Available/offered menu items of the day can be display. Desired food is ordered then taken/paid for at a cashier station. Food is delivered to your table (above the rail)or taken by the patron where seating may be available. SIT-DOWN BAR—COS provides the following scenarios as a permitted service: 1. Limit the number of bar stools to 10-12. 2. Install a foot rail and have only stand-up bar service. 3. Use the bar as service delivery area. NIGHTLY LIVE MUSIC—COS's position is that music and gathering is a cultural activity that is promoted within the business plan. However as currently operating, live music, such as live bands, DJ's or karaoke, is creating a"full service restaurant"ambiance. COS stipulates that live music can occur within the confines of the Management Plan and upon request/issuance of a temporary use permit which cannot be unreasonably withheld. "DECK TIKI BAR"—Service from the outside deck tiki bar cannot occur without request/issuance of a temporary use permit which cannot be unreasonably withheld by COS. The use of televisions should not be located in the outdoor deck area or at the Tiki Bar. FLORIDA SEAFOOD—Both the seafood market and eatery owners shall be members of"Fresh Florida"and display materials from "Fresh Florida". In closing, COS remains committed to this important capital improvement project. Further, COS management seeks to find ways to resolve the FCT compliance warning, while also preserving the primary lease concept—earmarking rents, royalties and other revenue generated from subleases for the betterment and future maintenance of the properties. Toward that end, COS looks forward to meeting with all parties where these issues can be negotiated in good faith as soon as possible.