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260405 WHI7E - CITY CLERK y PINK - FINANCE ��. BLUERY- MAYORTMENT GITY OF SAINT PALTL . F1eci1N0• . � W�,�S � Council Re olution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that an extra in the amount of One Thousand One Hund.red Six Dollars ($1, 106) be allowed under Contract L-7345 :�etween the City of 5aint Paul and Como Specialty Co. , said contract for Mechanical Sheet Metal Work for the Saint Paul Civic Center Multi-Purpose Arena, and said changes to cover items as more fully set forth in Civic Center Authority Resolution #546 and Project Architect's Change Ord.er MSM-4, copies of which have been filed with the Acting Head of the Department of Finance. Charge 6000-604 to be reimbursed. from 7420.-460. Job #70-45. COUNCILMEN Yeas Nays Requested by Department of: Hunt '� Parks, c eation and. Public Build.ings Konopatzki J In Favor Levine ,� Meredith A ainst BY Sprafka g G nn A. ric son, Asst. City Arch. Tedesco Mme.President Butler ,JpN 2 �� For Approve y Ci t ney Adopted by Council: Date ,t Certifi P sed by Co ncil etary By Approve . . ate �Q� Approved by Mayor for Submission to ou il gy By �s� �� PUBLISHED JAN 197� WH17E 1CITV CLERK � .�.-.'-- ' -)�-j�� PINK - FINANCE CO1111C11 B�ERV-,MAVORTMENT : GITY OF SAINT PAITL File NO. /V h� � �� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS , under authority granted by the Counci 1 of the City of St. Paul by Resolution , C.F. No. 262251 approved September 26, 1973 , the Department of Public 4lorks issued a permit to Foley Brothers , Inc, 450 Endicott Building , St. Paul , Minnesota 551oi , to operate stone crushing machinery pursuant to the provisions of Chapter 462 of the St. Paul Legislative Code , in connection with the construction of I-g4 from Pium St. to Kennard St. , know as State Project No. 6283-45 (94=392) ; and WHEREAS, said Foley Brothers , inc. has requested permission to operate -its stone crushing equipment for a longer period than allowed under the terms of the aforesaid Resolution-Permit; now therefore, be it _ RESOLVED, that the Council of the City of St. Paul dces hereby amend condition No. 3 of Resolution C.F. No. 262251 by changing the a1lo�Nable daily time of operation from between 7:�J0 a.m, and 5:0� p.m, to between 6:00 a.m. and 1�:00 p.m. and by changing the permit expiration date from December 31 , 1973 to January 31 , 1974. COUNCILMEN Requested by Department of: Yeas Nays �¢�j�(Sutler � Pubt ic Glorks Konopatzki In Favor Levine Meredith � Against BY ` �9(�� R�— Daniel J. Du ord - Di re or (DOL) Tedesco Mme.President ��kl(Nunt Adopted by Council: Date D E C 13 1973 Form Approved b Ci ttor Certi 'e ssed by c' cretary BY By Appro d by ayor: Date Approved,b ayo or bmis ion oun dah gy By �ueus�f� OEC 2 2 1973: . � r +- �'��c'rr ��. /�.rV/��L�� r M O ,3 a1 �►. „"�',,.,�' w0 •.• CITY OF SAINT PAUL Capital of Minnesots DEPARTMENT OF PUBLIC WORKS 234 CHy Haq � Cour1 Haa� 65102 Daniel J. Dunford, P.E. Director Novembe� 28, 1973 The Honorable Lawrence D. Cohen Mayor of the City of St. Paul Room 347 City Hall BUILDING Re: Construction of I-94 - Plum St. to Kennard St. , State Project No. 6283- 45 (94=392) Dear Mayor Cohen: Attached is a proposed Resolutfon pertaining to stone crushing operations by Foley Brothers, Inc. , the prime contractor for the Minnesota Highway Depart- ment's referenced project. The existing Resolution-Permit, C.F. No. 262251 approved September 26, 1973 limits the daily time of crushing operation from . 7:00 a.m. to 5:00 p.m. This proposed Resolution will amend those daily hours of operation to between 6:00 a.m. and 10:00 p.m. Further attached fo� your review is a copy of a letter dated November 27, 1973 from the contractor, detai) ing his request for this change. � Foley Brothers has been crushing limestone rock and existing concrete from old walis, under proper permits, since March, 1973• Since the Department has received no complaints to date on the stone crushing operations, we recommend that you approve this Resolution for submission to the Council as soon as possible to encourage an expeditious completion of this work. Yours very truly, G�az� Daniel J. D ford Di�ector of Public Work WAH/DOl/dah � Attachments Approved: cc: Walter A. Hurtley ��- � � , ,�' �,% , �� _ Fr�. Marzitelli; - t�� Administrator t �`, 262`4"7 �' �. ° .� . CONSTRUGTORS ,80 ENOICOTT-ON-FOURTM SAINT PAUL, MINNESOTA 65101 � November 27, 1973 �E C E 1 V E D NOV 2? 1973 City Council Ocf'i. {?� PUBLIC WORK: City of st. Paul � . OFFICE ENGINEER St. Paul, Minnesota 55101 Re: S.P. 6283-45 Gentlemen: We would, at this time, like to request an amendment to C.F. No. . 262-251 approved September 26, 1973, to operate stone crushing machinery on this Project 6283-45. We would, at this time, like an amendment to this resolution to give us permission to operate the stone crushing equipment from 6:00 A.M. until 10:00 P.M. , Monday thru Friday. It is imperative that we complete this operation by January of 1974 to expedite construction of this project. We have obtained the services of Twin City Testing facilities to determine the decible count of our machinery at a distance of 35 feet from the extreme limits of this machinery and we find that we meet the requirements set forth by OSHA Standards at this distance. The nearest residence is several times this distance from our operation. Sincerely, FOLEY BROTHERS, INC. � �� Z�� . Alan W. Foster AWF/lf " � �°�°��a�°��o�e��o�u�n��ar0�m�n�oT�7o�4�mv�r�eQ��rys��m�o�Q�Qp�oQ��T�T�T�P��mr��ae��r�'A'��u��'fl.�.�'fT � . ! � OSHI OS1fU 1 ' a MINNESOTA t�EPARTMENT OF LABO�: AND INDUSTRY i - a Occupational S�fety a,nd He�ltl� Divisiun Dahl 105 , ., � ------ .. , Region E � , .� i �,� i (� �,. � GITATI�N I 1. neputy Cc�o�rniSNiounr � �� i � i Departn�ent ot' Lak�or and Industry �� ' 444 Lafayerte Road �� St. Paul, Minnesota 55101 P� � �, � . �� + e� �------------------------------� , { T0: 2. e � Mr. Ron Fashant, President - � 3• Citatio«Number 1 �, I ►' ; Hlaturi Construction Co: �� Mon�ic�llo, Minnesota ,,,� � 4. Page Z of 5. 1 ' �� I s� �____— . �q .�_�___��_��.�_��__.__._�._�—) . ►� —.. �i 6. TYPE OF ALLECED VIOLATION(S): _ NONE �� ►+ An inspecticn was made on i. November 27� 1973 ° of a place of employment located at: p� SBates & Hudson, St aul Mn s and described as follows: d� gtren�hing and sewer ro 'ect , �i �� On tho basis of the inspection it is alleged th:�t you h:�ve violated the Minnesota Occupationai Safety and Health P. . Act oP 1973 in the following respeets: �� 10. Item 11. Standard, regulation 12, � number � or section of the Act . 13. Date by which e� Descri�tion of alleged violation al�eged violation e� allegedly violated must be corrected a� i ►� "CONGRI�,TUI,ATIONS" ! ; ! ! ! � i i �i �� i i �� . �� 0 � _ ,� �� ►, �� ♦ �� . i i i i i � i �i �+ . � i �� i The law requires that a copy of this citation shall be protiiinently posted at or near ea,ch place that a,n alleged �; violation referred to in Lhe citation occurred. The cita,tion must remain posted until all alleged violations cited �� therein are corrected, or for 3 working days*, whichever period is longer. 0 .' RlGHTS OF E�MPLOYEES �� Any employee or representa.tive of employees who believes that any period of ti me fixed in this citation for �� ;he correcti�n of a, violation is unreasonable has the right to contest such time for correction by submitting a �� ,etter ta the Deputy Cosrn?issionec oC the Department of Labor and Industry at the address sho�vn abova within 15 e� ��arking c�ays'k of the issua,nce of this citation. "No �inplc�yee shall be discharged or in an�l way discriRiinat�d a�a,inst becau�e such employee has filed any p• ;on�iplaint or it�s�ituted or cwused to be inst�tuted a,ny proceecling ur inspeetion under ar rela,ted to this Act or h�,s s' estifi'd c�r is ai;aut to ±estify in a,ny �uch proceedin� cr hec��tip e�' L!;;, ��.� , � �,� i�s��. �: ��f�ers o� any right affarded by this Act." �ectiari 5, subd. 9 of tholMin esotalUc cupa,�tionai Safety and �• feaith 9c� of 1973. a� 6� 5 sa�rdays�,�F,urujavy or�Fe�desa�l Ho1�Safety nnd I ealt , the teom "Working Day" meana Mondayr� throagh Fridays but dc�es not include a� �. �li@CtQf'� .�il�;it21�17[0� �� -- ,:;SSltiillCB D3tL_ • .� g� y'� --_ � i:� �,•�_,. � (riOTICE: Addit�ona3 ►mportant Inforrru!i�r. oF Ravorse 5ide) �'� De.7�',�},M.�ti��T,1.�A`'`�''p` . . _ . . . � .... . . .� . �' :: . �:..ii7�7�ailOr'aler,et_v.w.....�.`.�..� � ._ __.�- . . �, � :. . . . :-. . .........::..�_�F�.,....nrvn..4 ..-,..�..,: ....�r.�.. ._ � _ . � . ,� '� , . M �� y � MIPf"��SOTA DEPARTMENT OF LABQR AND WDUSTRY �� OSHI NO. QSMi•iNO. CY. •' `"� �„�80 } � Occupational Safety and Health Division 1 . �• -1 Dahl 105 73 � REGION �� .-'' � J : �20-----------------------� : ( Mr. Ron Fashant, president � � � Maturi Construction Co. ( , i Monticello, Minnesota � I I _ I _ •----------------------------J . Subject: Citadon(s) for Alleged Occupational Safety and Health Violation(s) . ' Ar. u�specrion of a place of employment under your operation, ownership, or control has revealed conditions which we believe'do not comply with the provisions of the Minnesota Occupational Safety and Health Act of 1973. The nature of such alleged violation(.$) is described in the enclosed citation(s) with reference to applicable standards, rules, regulations and provisions of the said Act. �'hese conditions must be corrected on or before the date shown to the right of each alleged violation therein. � The Act requires that a copy of the enclosed citadon(s) be prominently posted at or near each place a violation referred to in ;he citation occurred. It must be posted immediately upon receipt and must remain posted until all violations cited therein are corrected,or for three ' worlcing days*, whichever period is longer.A suf£cient number of copies of the attached citation(s) should be prepared to permit posCing . in accordance with the requirements of the Act. The Act provides for penalties for vio(ation of the posting requirements. � You are hereby notified, or will soon be notified, whether or not penalty(ies) will be proposed as a result of the cited violation(s).You have the right to contest any or all parts of either the citarion(s) or the proposed penalty(ies) or both before the Occupational Safety and Health Review Commission. The Review Commission is an independent quasi-judicial agency with authority to issue decisions regarding citarion(sj and proposed penalty(ies). If you do contest, you should submit a letter to the Deputy Commissioner at the address shown above within 15 working days* after receipt of the r.ertified mail notice regarding proposed penalty(ies). If you fail to contest within the 15 working day period, the citation and penalty(ies) as proposed,shall be deemed to be a final order oi the Review Commission and riot subject to review by any court or agency. . If an employer contests the citarion, the abatement period specified therein does not begin to run until the date of the Commission's final order in the case PROYTDED the employer iniriated his contest in good faith and not solely for delay or avoidance cif rer.�t��s, .. � You have a right to request a discussion with the Deputy Commissioner concerning any results of the inspectiati (abatement dates; � citarions, penalties, etc.). Please direct correspondence to, or call, the Deputy rommissioner of the Departmei�t of Labor and Indusrry.A request for an informal discussion cannot extend the 15 working day period allowed for tiling a notice of contest.Therefore,a'request for an informal discussion should be brought to the attention of the Deputy Commissioner prior to the end of the 15 working days. allowed for filing a notice of contest, preferably as soon as possible. An employee or representarive of employees may file a notice (letter) to contest the reasonableness of the time stated in the citation for the abatement of the alleged violation(s). Alleged violarions that are not contested shall be corrected within the abatement period speciFied in the citation. A followup inspection may be made for the purpose of ascertaining that the employer has posted the citation(s) as requued by the Act and corrected the alleged � viofations. Failure to correct an alleged violation within the abatement period may result in further proposed penalties for each day the alleged viola�ien has not been corrected. Correcrion of alleged violations which have an abatement period of 30 days or less shall be reported in wi•iting to the Director nolater than the latest abatement date (of 30 days or less) for alI such vioIations. Reports of corrections should show specific cocrective action on ' each such alleged violation and the date of such action. On alleged violations having an abatement date of more than.30 days,a written progress report shall be submitted each 30 days.The progress report should detail what has been done, what remains to be done, and the time needed to fully abate each such violation.When the alleged violation is fully abated, the Director shall be so advised. The Act provides that whoever knowingly gives false information is subject to a fine up so $10,000, imprisonment up to 6 months, or boch. If you wish additional information,you may direct such request to the undersigned at the address listed below. . � "Under the Minne�ota Occupational Safcty and Health Act`of 1973, thc term "Working Day"means Mondays through Fridays but does not include Satur- days, Sundays, or Federal Holidays. Citation(s) Endosed Quantity Paqes MINNESOTA^EPARTMENT C�F LAHnR AND lNRUSTRY —J__.___No��nriou� �^ Occupationr) Safccy and Health Division Soriuu� ' Willful andlor By Director Kcpcated --�--- . _ 5. — Notification o(Propused Pcnalty cncloscd � ❑ Ycs �f IYo Date � ---- _ - 1q�____ ` ' -- I