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ConAgra Foods Storage Tanks D~ ~ck~ MEMORANDUM July 30, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: ConAgra Foods, Inc., Request for Approval of Improvements In September of 2002, the City Council approved a Lease Agreement with ConAgra Foods, Inc., to accommodate the relocation of ConAgra (Peavey) from the Port of Dubuque to the 1zth Street Peninsula on property formerly occupied by Flynn Ready-Mix. Section 3.2 of the Lease Agreement provides that ConAgra may construct, with prior written consent of the City, improvements necessary to the successful operation of the business. The consent may not be unreasonably withheld. ConAgra has submitted plans for the construction of two storage tanks and a building to be used for the storage and transfer of liquid fertilizer. Peavey Grain General Manager Delbert Uhlick has submitted a letter requesting City Council permission to construct the improvements. Economic Development Director Bill Baum is recommending approval subject to two conditions: 1. ConAgra processes the plans and specifications through the City's design review process, and meets all City codes and requirements for construction of the improvements. 2. The storage tanks and improvements are kept in good physical condition during the life of the lease. 1 wo,", with th' ,",om~odatloo aod "'Pr;;:;¡'C~"' 00000;1 app"'>' Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bill Baum, Economic Development Director D~ ~ck~ MEMORANDUM July 30, 2004 FROM: Mike Van Milligen, City Manager William Baum, Economic Development Director .~ TO: SUBJECT: ConAgra Foods, Inc request for approval of improvements INTRODUCTION The purpose of this memorandum is to request City Council approval of an improvement to property leased by the City of Dubuque to ConAgra Foods. BACKGROUND In September of 2002, the City Council approved a Lease Agreement with ConAgra Foods, Inc to accommodate the relocation of ConAgra (Peavey) from the Port of Dubuque to the 1zth Street Peninsula on property formerly occupied by Flynn Ready- Mix. (Lot 9; Block 4, and Riverfront Subdivision #2.) Section 3.2 of the Lease Agreement provides that the ConAgra may construct, with prior written consent of the City, improvements necessary to the successful operation of the business. The consent may not be unreasonably withheld. Section 8 of the Lease Agreement provides the Company the right, with the City's written consent if the cost is greater than $50,000, to make any alteration, addition or modification to the Leased Premises. Again, the consent of the City may not be reasonably withheld. Section 9 of the Lease Agreement allows the Company to use the property and improvements for the storage of commodities. DISCUSSION ConAgra has submitted plans for the construction of two storage tanks and a building to be used for the storage and transfer of liquid fertilizer. Delbert Uhlick, General Manager of Peavey Grain has submitted a letter requesting City Council permission to construct the improvements, according to the lease agreement. Attached are the plans and the letter. I have reviewed the plans and the lease agreement with Corporation Counsel Barry Lindahl. Mr. Lindahl advises the City Council action is necessary for the company to move forward with the improvements. RECOMMENDA nON Since the City Council cannot unreasonably withhold consent, I recommend the City Council approve a letter of consent for these improvements subject to the following: 1. ConAgra processes the plans and specifications through the City's Design review process, and meet all City codes and requirements for construction of the improvements. 2. The storage tanks and improvements are kept in good physical condition during the life of the lease. ACTION REQUESTED I recommend City Council approval of the attached letter from the City Manager. August 3, 2003 Delbert Uhlik General Manager - Peavey Grain ConAgra Foods 505 East ih Street Dubuque, Iowa 52001 Ref: Request to construct Liquid Fertilizer storage tanks and transfer facility Dear Mr. Uhlik: The City Council has reviewed your request to construct liquid fertilizer tanks, and a transfer facility on property lease by your company on Lot 9, Block 4, River Front Subdivision #2 in the City of Dubuque, Iowa. The City of Dubuque consents to the improvements, subject to the following conditions: 1. The Company obtains a building permit and site approval from the City. 2. The Company shall keep the exterior and interior of the improvements in good order, condition and repair for the life of the lease agreement. Sincerely, Michael Van Milligen City Manager ConAgra Foods@ Peavey Graip. 505 East 7th Dubuque, IA 52001 July 29,2004 City of Dubuque City Manager's Office 50 West 13th Street Dubuque, Iowa 52001-4864 Ref: Land improvements on Lot 9, Block 4, River Front Subdivision #2 To: The Honorable Mayor and City Council Members of Dubuque ConAgra Foods, Inc d/b/a Peavey Grain is requesting the approval of the City of Dubuque to build a liquid fertilizer storage and transfer facility on land leased at Lot 9, Block 4, and River Front Subdivision #2. According to said lease Peavey Grain must receive approval from the City of Dubuque before any land improvements can be made. The purpose of this improvement is to better establish ConAgra Fertilizer in the liquid fertilizer business in Eastern Iowa. ConAgra has a budgeted number for this project of approximately $500,000. Please accept this as the written request for such improvements. Sincerely, Delbert Uhlik General Manager - Peavey Grain Dubuque, Iowa GRAPHIC SCALE 0 30 50 ~ I I I.. NORTH - (IN FEET)' :t. \<';' DRAWING MAY HAVE BEEN REDU"w "'t"" 0 ~~~ . 18'8 \ {5 ~ ~n ~ ~\~ -611~OŒ" \ {5 0 {5( :t. } '"" / ~ "\ CA T(:BASIN CUR ,= 510.5 '1.FL = ¿6.5 r- ,- >-~ " « N m " § ¡:: i ... ;¡; ... x -/' ro,Ù ~ 0 / ~101CINET GRATE= 08.8 / FL OUr600.50 51 ~ ¡g ~ t ~ ! ~ ~ ;" UTILITY NOTE THE LOCATIONS OF THE UTILITIES SHOWN ON THESE PLANS WERE TAKEN FROM FIELD MEASUREMENTS AND EXISTING PUBLIC RECORDS. THE UTILITIES PRESENT MAY NOT EXIST AS SHOWN. ADDITIONAL FACILITIES OTHER THAN THOSE SHOWN MAY BE PRESENT. IT SHALL BE THE RESPONSIBILITY OF ANYONE MAKING USE OF THIS DOCUMENT TO ASCERTAIN THE EXACT LOCATION, SIZE AND ELEVATION OF ALL UTILITIES THAT MAY BE PRESENT WITHIN THE CONSTRUCTION LIMITS. CONTAINMENT BUILDING CROSS SECT10NAL AREA = 60.29 5.F. CON1ROL ROOM CROSS SECTIONAL AREA - 12.38 S.F. ~ H-" 7;' I I 72' I "".... 10.0' ~.... I .... ""......Js <.141ltS ...............66'51' E: OJ' f:J .... .... ~60') í?Ov(ì ~ Ct~ PAVING ALL AREAS TO BE USED FOR TRUCK TRAFFIC AND t<lANUEVERING SHALL BE PAVED. MINIMUM OF 3" ACC SURFACE OVER 8" CRUSHED STONE BASE OR 6" PCC. 39' X 60,'29 S.F.= 2,351 CU. FT. 10' X 12.38 5.F.= 123.8 CU. FT. CONTAINMENT VoLuME 2,227.2 CU. FT. ¡ 1 CUBIC FØOT - 7.481 GALl.ONS ! 2,227.2 C.F. X 7.481 = 16,662 GALLONS t . 1ROUGH VOlUME NOT INCLUDED """""'"1111 "","~ ~ " 5 S I 0 ~/I///II cf q'<- """"""'" 'f( ~ i'::;.,"" ""--~ :; 11):: PA1RICK J. -: c;> ~ ~~: NORTON :Z~ ~ <> : 17144 : ,., :; :0 -: : ,.,:: - ,) , ' .., - \, ~""""","""/{l¡ 111111/11 I 0 VI ~ """", """"""',,,, LEGEND ~ CATCH BASIN @ STORM MANHOLE - D - STORM SEWER F.L. 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