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.