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Busted Lift lettersCITY OF DUBUQUE, IOWA MEMORANDUM July 23, 2002 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Busted Lift Festival - Saturday, July 27, 2002 This is a response to your request for staff input into the request for an outdoor activity on July 27, 2002, at the Busted Lift. DISCUSSION For City staff's overall position in regard to special activities at the Busted Lift, I would refer you to Cindy Steinhauser's memo of July 15, 2002. This memo was compiled based upon the input of Cindy as well as eight other City staff members. Specifically, in regard to Engineering issues, I believe the following criteria should be established for the permit: 1. The 1st to 2nd Street Connector be closed only by barricading which has been installed by Selco (safety equipment leasing company). 2. The Busted Lift be prohibited from driving any stakes into the concrete pavement surface. o The Busted Lift provide the City with a proper insurance certificate meeting the requirements of the City's administrative policy (specifically listing the City of Dubuque as an additional insured). MAK/vjd cc: Sue Winter, City Clerk's Office Ralph Digman owns the NAPA building and has always supported The Busted Lift's outdoor events. He does not live in Dubuque, however, I contacted him by phone and he is aware of and supports the outdoor event scheduled for this Saturday July 27. He is expecting a phone call from the city in case verification of his support is needed. He is at 815-747-6054 I am a building owner/resident at ~0~d~ Street in Dubuque, Iowa, and I am aware of the planned outdoor event at The Busted Lift on the 1st Street Extension to be held on Saturday July 27 firom 2 pm until midnight and I have no objections. 07/23/2002 09~0@ 1-563-557-5170 CANVAS PRODUCTS CO CRNVRS PRODUCt'S CO. 182 Main St. · Dubuque, Iowa 52001 · (319) 583-8760 July 23,2002 PAGE 01 Dear, Cindy Steinhauser, Terry Duggan & Michael VanMilligen After due consideration I wish to revoke my signathre to the block party for the Busted Lift on Saturday July 27,2002. ·hank You Canvas Products Co. AWNINGS · BOAT COVERS · TENT RENTALS · INDUSTRIAL CANVASES & TARPS · BANNERS 07/23/2882 11:36 1-563-557-5170 CANVAS PRODUCTS CO PA~E 02 Mayor 'I'ero, Duggan Mkhael Van M21iigan Ms, Jeanne $chne[dcr .~ .... m~l Koch Dear Mr. Duggan, Mr. Van Milliga~, Ms, Schneider, Captain Gieseman and Mr. Koci~_ would like to respond to two letters that were sent to you representing opposkion a.~ tl~e mztdoor patio at The Busted Lift. i:'~rst ! would like to surrunarize the intent of this patio area. There will be no live n~usic, or piped in music or speakers of any kind associated with this patio. The pat/,., ~x ill conf'om~ to the surrounding area, and wilt consist of tables, chairs, {:,{amers with flowers, and a movable wooden fence enclosing tile area where ?,!cc, ho! will be consumed. This area is designed to be used for patrons who would !ikc to er!ioy a beverage ours/de, overlooking the Ice Harbor and the emerging kev~rwa k Project. We will closely monitor dr/nkiug and noise levels as proi'essionals '/n th.is service industry. We have built a reputation on qua[i _ty. have m,'.fimained it r2)r two years of Operation, and will do so in the future. Some points mentioned in the letters you received fi.om Jennifer Clemens-Conlon and D~mne Greenfield contain some statements that are either not true or exa~i.'eraIed and i would like ~o address them point by point. ' I. [t was stated that there has been a kistory of noncompliance of city ordinances be,' The Busted Lift. I am not aware of~v issue of noncompliance. 'In fiict. The i.Ju.~tcd !.iff has gone above and beyond +v~at has been required by the cky f~r .qrcet closings (md 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 nt~t ~: n~ces~a~ penB~t~ ior an outdoor tent. ~s is Bot tree. ~ eve~ c~e. all ~'equircd pcrmissio~ x&'~ received ~om ~e appropriate ci~ de a~ent. ~nd we nave never receivedacom~ln{~ ...... --~ ~- - P - ' , . . r ...... ,- ~u2 w,~y uep~lem except Ior when our ,~;lt ven, oor w'~s late picking up rhek teat. This was remedied i~edhtelv. We al~,tti,'s t~e[d ad required liquor, ~bod, ~de~fity ~d dr~hop licenses 2,/. ., t ;~, ~ I~ ~,>0 :ii1 ;ICCUSaIio~ station The Busted li~ h~ ~,,~ ;~,, ..... ;,~ ....-. 07/23/2002 11:35 1-~fi3-~57-5170 CANVAS PRODUCTS CO PAGE 8S N:~iness neighbors. In real/ti, I keep open frequent lines of communication wkh . , .. · ?pon w--~ on ~t.. tarock s Day When Bob Byme approached me and ~ , , ne tnus~c oe turned do~n. AeCordma to mY underst~di-~ ,,e c rmnance, outdoor music ~s aEowed unul tOpm on Sundays, but m order to keep ,~. ,'amck's Day. wh ch you may a~ee ~oht be a ~ '-' "~7 al Thc Busted -' ~ e ncai aav Li~. 4. i'l~ere ~s a concern expressed in the Ie~ers about the noise from an outdoo' ,' Th~, only addition~ noise will be conversation. The Busted Li~ is not ~ csmblishmevt that is rowdy ~d out of control. This c~ be verified by checkSn,,~/ police records, We have never had aa undergo drying violation, or an issue ' wid~ loud mfises, We pride ourselves on the Pact ~at our c~tomers are and well behux cd. Of course there may be exceptions ~ any establishment, however, ibr our two years of operation ~is has not been ~ issue, I personalJy h~ve called the Dubuque police when t felt the situation watt,ted it These s~mations were when a custome~ would show up at The B~ted Lffi intoxicmed ~xl I was concerned they were driving ~d posed a h~d. These may be doc~inented in police log~, ir~t~'Z~i[i~(-;trig:?s ~[ih-~pa;rking requirements of neighbors. I have had sever;fl perstmal discussions with the owner of C~v~ products, with witnesses aaend~g ii,ese meetings, ~d he has never expressed ~y concern over ~is ~sue. ~ have a>~d him to please call a row ~Uck if his driveway is blocked 7, A renxu'k ~as made that 45a~/s~ave p~sed sNce The Bus~ed Li~ 3raadiose plums of renovau~a ~d these ~1~ ....+;,, il.ye onh.' bee;~ ibr~~2~ [~Yf ~'}ix il~t cumpiete, lne tact ~s we wt:!~iu L:~e a-" ~,u,~ ta~ remoaelmg ~ ~ ~11 process. , , o~ ~v'~ ~ntacted the city re~d~ ' ,,.,,. ........ ,- ~ ~movm aeadw .'5. "['he point was made that sidewalk space would be lost by our patio and people would be fbrced to walk in the street. This is not true. We have incorporated a egress tbr the cirv sidewalk to remain open This was discussed with ..... , .,. ~Farrmen~-at .ias~, vear-S re: ":st ..... :-,. , ~ ' lbr a row =ruck to remove these veNcles and has posted signs in The Busted L/ti 07/23/2882 11:36 1-5G3-557-~170 CANVAS PRODUCTS CO PAGE 84 .,. ..... /t~,c-,- f. . , ,~. ~,~-~-/¢' // ~. Re~arding trash and beer bottles s~.over th~e~;~'~-as stated in one of ~ / me JeSters you received, we have been ve~,. ve~' metict~ous about cle~inm um not i 05f~ ;my ~arbs~e caused b~ our customer~ 'but ~ner~t ~r~o~ ~ +~ ..... - ~7~. k trod ddy now ~han j~ w~ when we f~st moved ~to this neighborhood, th~s in ~t~ pan to our e~ons. 9. Tltere was a yen.; serious allegation that The Busted Lift ignores the laws and city codes by utilizing public streets for special parties. This is absolutely not true, Wc h:tvc alw;~,ys complied and actually sought out requirements that we '~vou[d aced to abide by. The accusation is ~at The Busted LiR boldly, and without regard tbr city requirements, simply sets up a tent on 1st street extension rind sells alcohot without a license. This is ridiculous, and is actually an insult lo every city department that approves these timctions. We are diligent in our compliance wi~h local ulld stare liquor laws. k0. There is a fi~rther allegation that The Busted Lift is a sort of Jek,/ll and Hyde pub, that appears as a quiet pub by day but at night tums into some ~ort oF monsmr. We have had only one over capacity complaint, and we remedied th;xt with better communication with our employees and closer monitoring of occupancy. Our clientele consists of professionals and responsible adults. I I. There was a concern expressed that people would be drinking in the streets if we opeu an ohtdoor patio. We have complied and will continue to comply with all D. ws and regulations regarding alcohol consumption. I am well aware of the fines and consequences Ibr infractions, and our liquor license is very valuable to us. Drinks will only he allowed in the patio area, the same as the Yard Arm, the Dog t-leas% the L.oun,.:e. Tugboat Willy's or any other outdoor area. ! 2...',nether point brought up in one o£ the letters was that people who have had loc much to drink at other establishments ~en come to The B~ted Li~ because they ~ow we ',~ open ~til 2m. We do not sem'e ~yone who has had too much to dnmL or uppers intoxicated when they enter The B~ted Li~. ~ese people are i~sked to leave, and we also have called a ta~ and given rides home ~o several people. We do rx,t ,)vet seD'e people who ~e N ~e pub, In addition nlost b~s in Dubuque .-= open umfl 2am, so there is no Ncentive for thru to come to Busted r '~ ~ j, .:, , .... l,: .h.,km5 we ~e open later ~ other b~s. This sm'ne lev, er states ~at the patrons of The Busted Li~ are Ioud,unndy and 87/23/2882 11:36 1-563-557-5178 CANVAS PRODUCTS CID PAGE vuig2r a£ closing time. I am not'aware of any incident at closing time that would i~.,,.~ .,,, ,. ~, claim this. O~ patrons have been respect~I of~e neighborhood. !4. ':'here was ~ incident when we first opened where some college students gained access to the roogrops of the building between Ist and 2nd street. We later were able to determLne that these people were staying at the Julien hotel, had never been in The _Busted Lift, and gak~ed access by climbing up one of~&e ad. iacem buildings tire escapes. 87/23/2882 11:3~ 1-5~3-557-5170 OANVAS PRODUCTS CO PASI~ 0B