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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~~ ~~,~~/
Date: September 3, 2009
Subject: P. R. No. 15459; Council Meeting September 8, 2009
Attached is P. R. No. 15459 as it pertains to the permit
application of Min Transcontinental, Inc. for a Metal Recycling
Facility. The Planning Department has indicated that the site is
zoned as Industrial. Per Ordinance No. 06-33, Min
Transcontinental will also need to obtain a specific use permit
which is also listed as a condition of the metal recycling
permit. The planning department is placing the specific use
permit application on the September 218t agenda of the Planning
and Zoning Commission and it will be placed on the City Council
agenda for September 22"d with a public hearing thereon.
MTS:ts
Attachment
cc: Director
Director
Director
Chief of
Director
Min Tran
of Public Works
of Planning
of Utility Operations
Police
of Community Services
scontinental
z.pr15459_memo
P. R. No. 15459
09/03/09 is
RHSOLIITION NO.
A RHSOLIITION A3 IT PERTAINS TO THE PERMIT
APPLICATION OF MIN TRANSCONTINHNTAL, INC., FOR
A METAL RECYCLING FACILITY
WHEREAS, MIN Transportation, Inc. filed for a permit
application for a metal recycling facility on about July 13, 2009
wherein they plan to focus on dismantling of platforms, barges,
ships and other non-hazardous heavy metal scrap as delineated in
Exhibit "A"; and
WHEREAS, it is expected that the primary business of the
facility will involve the docking of barges at the facility which
will thereafter be dismantled; and
WHHRHAS, the owners do not expect for the general public to
buy or sell scrap at the facility as MIN Transportation has and is
seeking major buyers of scrap obtained from the dismantling of
barges; and
WHEREAS, the comments of Mr. Hass are attached hereto as
Exhibit "B"; and
WHEREAS, the comments of Major Clark are attached hereto as
Exhibit "C"; and
WHEREAS, the City Council deems it in the public interest to
approve the permit, subject to the conditions as denoted in this
Resolution.
z.pr15459
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHDR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That Min Transcontinental is herein granted a
permit or license to operate a metal recycling facility at 8660 S.
lat Avenue, Port Arthur, until December 31, 2010, wherein Min
Transcontinental will be required to file a renewal application.
Section 3. That this permit or license is granted on the
following conditions:
• Min Transcontinental Inc. shall fully comply in the
operation of the facility, with Sections 22-131 to
Section 22-165 of the Code of Ordinances.
• No operations will be allowed at the facility as to the
buying or selling of small items of scrap to members of
the public. The operations that will be allowed will be
the sale of major portions of scrap from the dismantling
of barges or similar structures to major companies.
• Until such time that Min Transcontinental builds a fence,
it shall only dock and dismantle barges from the
facility, with said metal being only temporarily and
neatly placed at or adjacent to the dock so that it can
be promptly transported.
• Min Transcontinental shall build an eight (8) foot
screening fence within 90 days.
• Min Transcontinental inc. will not commence operations
until it files a storm water management plan that has
been approved by a registered engineer.
• That prior to the facility being connected to the City's
utility system Min Transcontinental shall complete an
industrial waste survey and an industrial user
application to comply with the City's pretreatment
z.pr15459
ordinance, Section 110-212 of the Code of Ordinances.
• That if a building or other structure is built at the
site, the owner shall comply with the recommendations as
delineated in the report of Mr. Hass, attached hereto as
Exhibit "B".
• That the operations will only be utilized for the zoning
applicable to the site and Min Transcontinental will
apply for a specific use permit on the site in accordance
with Ordinance No. 06-33 which with their application for
a specific use permit will be heard by the Planning and
Zoning Commission on September 21st with a public hearing
to be held on September 22°d with requested action by
Council on said date.
Section 4. That the effective date of this Resolution
shall be September 8, 2009.
Section 5. That Min Transcontinental shall sign this
Resolution agreeing to the terms of this Resolution.
Section 6. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
_%
z.pr15959
ATTEST:
TERRI HANKS, CITY SECRETARY
APPROVED AS TO FORM:
r`~F- S~[wG--
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
~'~~~~
CIT
AGREED TO:
MIN TRANSCONTINENTAL INC.
BY:
DATE:
z.pr15459
EXHIBIT "A"
Jul 13 2009 12:S1PM
Application for Permit to Recycle
r••
Min Transcontinental, Inc. is a Texas corporation (see Exhibit "A")
applying for a permit to recycle platforms, barges, ships, and other
non-hazardous heavy metal scrap.
Min Transcontinental, Inc. has leaned water-front -land located at 8660
S. 1" Ave., Port Arthur, Texas 77643 (see Exhibit "H" for the first
page of the lease).
Min Transcontinental, Inc. has purchased and will purchase more
platforms, barges, ships, and other non-hazardous vessels for
recycling purposes (see Exhibit "C" for contract for purchase of
barges and pictures of platforms and barges}.
Min Transcontinental, Inc. has hired John Damron of Trans Global
Demo/Damco. Mr. Damron has over 30 years of experience in recycling
platforms, barges, ships, and other non-hazardous vessels (See Exhibit
^D°). References will be forwarded upon request.
Min Transcontinental, Inc. has agreements to sell recycled HMS 1 and
HMS 2 to local mills, such as Gerdau Ameristeel (see Exhibit "E") and
to foreign buyers, such as International Recycle Group, LLC (see
Exhibit "F") which expcrts to India, China and other countries.
Min Transcontinental, Inc. will hire 10-15 permanent employees to
conduct recycling operations in Fort Arthur, Texas. Additionally, Min
Transcontinental, Inc. expects to generate tax revenue for the City of
Port Arthur, Texas from its expected annual gross recycling salsa of
$6,000,OOO.DO to $16,000,OOG_00.
Min Transcontinental, Inc. is an Equal Opportunity Employer..
Very truly,
Min Transcontinental,Inc.
~~
Brian P. Min
President and General Counsel
2727 LBJ Freeway
Suite 230
Dallas, Texas 75234
(214)680-6446
(214)742-1102 fax
Page Solo
EXHIBIT "B"
Mark Sokolow
From: "Butch Hass" <butchhass@yahoo.com> < >, .
To: "Colleen Russell" <russellc@portarthur.net>; "KELLY ELDRIDGE" kelly@portarthur.net 'Ross
Blackketter" <rblackketter@portarthur.net>; "Lawrence Baker' <bakert@porlarthu>n MarkChief
Blanton" >; "Major Clark" <
Sokolow" <mark@portarthur.net>
Sent: Tuesday, September O1, 2009 4:36 PM
Subject: Re: Permit for Min Transcontinental
Mark, they will have to have all inspections and licensed contractors. They must summit two (2) copies
of there plans for review also.
The very first thing needed is the elevation report.
Thanks
Butch
--- On Tue, 911/09, iVlark Sokolow <mark@portarthur.net> wrote:
From: Mark Sokolow <mark@portarthur.net>
Subject: Permit for Min Transcontinental
To: "Colleen Russell" <russellc@portarthur.net>, "KELLY ELDRIDGE"
~~
<kelly@portarthur.net>, Ross Blackketter" <rblackketter@portarthur.net>, "Lawrence Baker"
<bakerl@portarthur.net>, "Chief Blanton" < >, "Major Clark"
< _ >, "Butch Hass" <butchhass@yahoo.com>
Date: Tuesday, September 1, 2009, 2:57 PM
Attached is a draft of the resolution giving a permit to Min Transcontinental. Please give me your
comments as soon as possible. I plan to place it on the September 8th agenda.
9/1/2009
rk Sokolow
From: "Butch" <butch@portarihur.net> ° <mark ortarthur.net>
To: "LAWRENCE BAKER" <bakerl @portarthur.net>; "mark sokolow @P
Sent: Wednesday, August 12, 2009 2:58 Ptvt
Attach: Affadavit of Compliance for Piles 6-09.em1
Subject: Ref:8660 s. 1 st Ave Sabine Pass recycle center
Mark, Lawrence wanted me to let you know what was need for this project of the recycle center in Sabine Pass.
(1) Elevation Certificate needed
(2) Site Plan
(3) plans on any permanent structure with electrical,plumbing,and havc included.
(4) If the structure needs to be elevated as per the firm maps then an engineer must design plans. this must also
have a wind rating of 130 mph continuous winds.
(S) letter of compliance from the city on the pilings.(Please see attached)
Thanks
Butch
Should you need any additional information please let me know or give the owners my cell number and have
them call me. (cell 409-728-8089)
8/12/2009
r aKC i ~.
Mark Sokolow
From: "Lawrence Baker' <bakert @portarthur.net>
To: <butch@portarthur.net>
Sent: Wednesday, May 13, 2009 2:11 PM
Subject: Affadavit of Compliance for Piles 5-09
CITY OF PORT ARTHUR CODE ENFORCEbIENT AND INSPECTIONS DEPARTMENT
AFFIDAV"IT OF COMPLIANCE FOR PILING INSTALLATION
Permit Number
Address
Contractor:
Number of Piles Installed & Type,
Class or Type of Pile:
Type of Pretreatment: { }Creosote (}Pena { } CCA
{ }Other
Pretreatment Retention
Did Piles Reach Re[usal? { }Yes { } No
PCF
If yes, what was the approximate length driven feet
Were any piles precut? ( }Yes { } No
If piles reached refusal were they properly embedded in the strata?
{ }Yes { } No
If no explain
l (We) certify that the piles on this project were furnished and driven in accordance with the submitted
engineered drawings provided to the City of Port Arthur Inspections Division.
**Certificate of Occupancy will not be issued until this form is completed and reviewed by this
office. **
Name of Company
Authorized Signature, Title
8/12/2009
..moo., .. „-
Inspection
Prin[
Date
8/12/2009
EXHIBIT "C"
R~~E~E~
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MEMORANDUM -'` ~'E~A3,I3EI'AIZTM;a'.*~~'
To: Mark T. Sokolow, City Attorney
From: Raymond E. Clazk, Deputy Chief of Police
Date: August 21, 2009
Subject: Site Inspection and Report for Min Transcontinental, Inc.
A site inspection was conducted at a property located between 8490 South la Avenue and 9000
South 1~' Avenue. The specific address (8660) was not tocated. An address was not attached to
the inspected property. No personnel were present for verification.
The property inspected was located approximately 500 ft. south of 8490. This property
displayed a Eft. chain link fence topped by 3 strands of barbed wire. The fence covers the west
and south portion of the property. The east and north portions are bordered by water. Fencing is
not necessary.
An offshore drilling rig is moored to the property. Two cranes and several rig components are
located throughout the area.
It appeazs that lighting to the area is available. There is not an office or similar enclosure on the
Property.
At this point there is insufficient evidence to conclude this property is Min Transcontinental.
The owner/operator should post numbers on the property for conclusion of this report.