Busted Lift Exp. J. Finn letterMayor Terry Duggan
Michael Van Milligan
Ms. Jeanne Schneider
Paula Gieseman
Michael Koch
Dear Mr. Duggan, Mr. Van Milligan, Ms. Schneider, Captain Gieseman and Mr.
Koch,
I would like to respond to two letters that were sent to you representing opposition
to the outdoor patio at The Busted Lift.
First I would like to summarize the intent of this patio area. There will be no live
music, or piped in music or speakers of any kind associated with this patio. The
patio will conform to the surrounding area, and will consist of tables, chairs,
planters with flowers, and a movable wooden fence enclosing the area where
alcohol will be consumed. This area is designed to be used for patrons who would
like to enjoy a beverage outside, overlooking the Ice Harbor and the emerging
Riverwalk Project. We will closely monitor drinking and noise levels as
professionals in this service industry. We have built a reputation on quality, have
maintained it for two years of operation, and will do so in the future.
Some points mentioned in the letters you received from Jennifer Clemens-Conlon
and Duane Greenfield contain some statements that are either not true or
exaggerated and I would like to address them point by point.
1. It was stated that there has been a history of noncompliance of city ordinances
by The Busted Lift. I am not aware of any issue of noncompliance. In fact, The
Busted Lift has gone above and beyond what has been required by the city for
street closings and we have kept open areas so neighbors and Canvas Products
could continue to use their parking spots and conduct business.
2. There was an accusation that on St. Patrick's day The Busted Lift did not hold
the necessary permits for an outdoor tent. This is not true. In every case, all
required permission was received from the appropriate city department, and we
have never received a complaint from any city department except for when our
tent vendor was late picking up their tent. This was remedied immediately. We
always held all required liquor, food, indemnity and dramshop licenses
3. There is also an accusation stating The Busted Lift has been inconsiderate of its
business neighbors. In reality, I keep open frequent lines of communication with
all neighbors, and except for these letters, was unaware of any problems. The
only exception was on St. Patrick's Day when Bob Byrne approached me and
requested that the music be turned down. According to my understanding of City
ordinance, outdoor music is allowed until 10pm on Sundays, but in order to keep
peace we turned down the volume to accommodate our neighbor. Also, this was
St. Patrick's Day, which you may agree might be a poor example of a typical day
at The Busted Lift.
4. There is a concern expressed in the letters about the noise from an outdoor bar.
The only additional noise will be conversation. The Busted Lift is not an
establishment that is rowdy and out of control. This can be verified by checking
police records. We have never had an underage drinking violation, or an issue
with loud noises. We pride ourselves on the fact that our customers are respectful
and well behaved. Of course there may be exceptions in any establishment,
however, for our two years of operation this has not been an issue. I personally
have called the Dubuque police when I felt the situation warranted it. These
situations were when a customer would show up at The Busted Lift intoxicated
and I was concerned they were driving and posed a hazard. These may be
documented in police logs.
5. The point was made that sidewalk space would be lost by our patio and people
would be forced to walk in the street. This is not true. We have incorporated a 48"
egress for the city sidewalk to remain open. This was discussed with several city
departments at last years request meeting.
6. Parking was raised as a concern. There have been a handful of times in two
years that a customer has parked in a private driveway. The Busted Lift has called
for a tow truck to remove these vehicles and has posted signs in The Busted Lift
informing customers of the parking requirements of neighbors. I have had several
personal discussions with the owner of Canvas products, with witnesses attending
these meetings, and he has never expressed any concern over this issue. I have
told him to please call a tow truck if his driveway is blocked and he has said it is
not a problem.
7. A remark was made that 4 years have passed since The Busted Lift proposed
grandiose plans of renovation and these plans are stiIl not complete. The fact is we
have only been open for two years, and the remodeling is in full process. In fact,
within the last month I have contacted the city regarding moving ahead with
exterior work on the building. Our renovation is proceeding as planned.
8. Regarding trash and beer bottles strewn over the area, as was stated in one of
the letters you received, we have been very, very meticulous about cleaning up not
only any garbage caused by our customers, but general garbage in the area. We
want this area to look attractive and clean, and this area is much, much cleaner
and tidy now than it was when we first moved into this neighborhood, thanks in
large part to our efforts.
9. There was a very serious allegation that The Busted Lift ignores the laws and
city codes by utilizing public streets for special parties. This is absolutely not true.
We have always complied and actually sought out requirements that we would
need to abide by. The accusation is that The Busted Lift boldly, and without
regard for city requirements, simply sets up a tent on 1st street extension and sells
alcohol without a license. This is ridiculous, and is actually an insult to every city
department that approves these functions. We are diligent in our compliance with
local and state liquor laws.
10. There is a further allegation that The Busted Lift is a sort of Jekyll and Hyde
pub, that appears as a quiet pub by day but at night turns into some sort of
monster. We have had only one over capacity complaint, and we remedied that
with better communication with our employees and closer monitoring of
occupancy. Our clientele consists of professionals and responsible adults.
11. There was a concern expressed that people would be drinking in the streets if
we open an outdoor patio. We have complied and will continue to comply with all
laws and regulations regarding alcohol consumption. I am well aware of the fines
and consequences for infractions, and our liquor license is very valuable to us.
Drinks will only be allowed in the patio area, the same as the Yard Arm, the Dog
House, the Lounge, Tugboat Willy's or any other outdoor area.
12. Another point brought up in one of the letters was that people who have had
too much to drink at other establishments then come to The Busted Lift because
they know we are open until 2am. We do not serve anyone who has had too much
to drink or appears intoxicated when they enter The Busted Lift. These people are
asked to leave, and we also have called a taxi and given rides home to several
people. We do not over serve people who are in the pub. In addition most bars in
Dubuque are open until 2am, so there is no incentive for them to come to The
Busted Lift thinking we are open later than other bars.
13. This same letter states that the patrons of The Busted Lift are loud,unruly and
vulgar at closing time. I am not aware of any incident at closing time that would
lead anyone to claim this. Our patrons have been respectful of the neighborhood.
14. There was an incident when we first opened where some college students
gained access to the rooftops of the building between 1st and 2nd street. We later
were able to determine that these people were staying at the Julien hotel, had
never been in The Busted Lift, and gained access by climbing up one of the
adjacent buildings fire escapes.
The author of one of these letters is Duane Greenfield, who has not resided in this
neighborhood for several months. It appears strange to me how he can form
negative judgments about The Busted Lift while living in Arkansas. On May 10, I
spoke with Frank, the owner of Canvas Products, and he once again told me
garbage and noise had not been a problem for him, but that Duane Greenfield
thought it was a problem. In our opinion, and in the opinion of countless others,
The Busted Lift has been very positive for this neighborhood, and for Dubuque in
general. As evidenced by letters from other neighbors who approve of this patio
plan, we feel we have been good neighbors, and will continue to do all we can to
peacefully co-exist. I have had neighbors tell me that even during outdoor events
they can not hear the music since it is around the back of the buildings and faces
the Ice Harbor.
In addition The Busted Lift has donated thousands of dollars to the community,
not only through taxes but by giving money to local organizations, including the
American Cancer Society, Wee Care Child Development Center, Fred Skemp
after his heart attack, St. Patrick's St. Mary's early childhood center, Hillcrest
Family Services, and this year the Dubuque Boys and Girls Club.
Furthermore, individuals who make the choice to live in a downtown setting that
is growing and expanding and includes commercial and retail space, should
understand that the operation of those businesses is part of the ambiance of
deciding to live in this area. I understand the need for respect of property and
noise levels, and we will continue to do all we can to be an excellent neighbor and
member of this community.
We feel that this outdoor patio will enhance this neighborhood, provide another
valuable asset to the Ice Harbor area, and not annoy our respected neighbors.
If you have any questions or concerns please contact me at 580-9961,
or 584-9712
Sincerely,
John Finn