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Historical S & Peninsula Gam AgMEMORANDUM May 20, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease Amendment The Diamond Jo Casino has a concern that the Dubuque County Historical Society wetlands project in the Ice Harbor could cause a navigation problem for the Diamond Jo. The Diamond Jo is required by state law to cruise a set number of times each year. Relocating the William M. Black might alleviate this potential problem. The May 20, 2002 agenda for City Council includes a consent item related to the approval of an agreement in the Ice Harbor between the Dubuque County Historical Society and Peninsula Gaming Company, LLC. The purpose of this agreement was to create a "Right of Access" for Peninsula Gaming Company, LLC to navigate on the property leased by the Dubuque County Historical Society. Included in the agreement was a drawing that showed the William M. Black perpendicular to the north harbor line. In reviewing this arrangement with Peninsula Gaming Company, LLC, this would still create a navigational concern with respect to their boat the Diamond Jo Casino. Based upon this concern, representatives from the Dubuque County Historical Society, the City of Dubuque and businesses in the Ice Harborare discussing an alternate location for the William M. Black. Attached is a drawing that shows the William M. Black parallel to the west harbor line where the transient boat docks were originally located. Fewer transient boat docks could be located south of the William M. Black, although also shown are locations for other marine vessels to be moored in the harbor as part of the Dubuque County Historical Society complex. This includes such vessels as the Lillie Belle. The transient boat docks would be accessed off of the west-end road as originally intended. In reviewing this layout with representatives from the United States Coast Guard and the Spirit of Dubuque, neither have a concern with the new location of the William M. Black. Representatives from Peninsula Gaming Company, LLC have indicated that they believe the new location will meet their navigation needs. IIW Engineers and Surveyors will install survey markers that the Diamond Jo will use to navigate on Tuesday, May 21 to verify that there are no additional concerns. The Dubuque County Historical Society is also contacting Newt Marine to get his input on the change in location. The Dubuque County Historical Society is attempting to get consensus from adjacent harbor users in order to meet the Corps of Engineers deadline of Friday, May 25, 2002. Should this compromise work, the Dubuque County Historical Society could get a Corps of Engineers permit to build the wetland. The City of Dubuque would end up with fewer transient boat docks than originally anticipated. No action is required on tonight's agenda. Michael C. Van Milligen MCVM/jh Attachment CC:Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager v