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262747 WHI7E �CITY CLERK �' - � COU11C11 262`74`7 PINK - FINANCE . GITY OF SAINT PAl1L 1 C1Y�NARV -�DEPARTMENT BLUE - MAYOR - Flle NO. � �� Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, under authority granted by the Council of the City of St. Paul by Resolution , C. F. No. 262251 a�proved September 26, 1973 , the Department �f Public 4lorks issued a permit to Foley Brothers , Inc, 450 Endicott Buiiding , St. Paul , Minnesota 551Q1 , 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-94 from Plum 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 does he reby amend condition No. 3 of Resolution C.F. No. 262251 by changing the allaNable daily time of operation from between 7:00 a.m, and 5:0� p.m, to between 6:00 a.m. and 10:0(? p.m. and by changing the permit expiration date from December 31 , 1973 to January 31 , 1974, COUIVCILMEN Yeas Nays Requested by Department of: ��1(Sutler � Publ ic blorks Konopatzki In Favor Levine Meredith � Against BY • Tede�s�co�— Daniel J. Du ord - Di re or (DOL) Mme.President lBi4�XHun t 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 axor: Date Approved,b ayo or , bmis ion oun �ah gy By P{16LI3HfD� DEC 2 2 1973- . � � � �.T. o, cs2<<�� s � �i v A O 1 % .w� AO ��• CITY OF SAINT PAUL Capital of Minnesots DEPARTMENT OP PUBLIC WORKS 234 City Flap & Cour1 Hous� b5102 Daniel J. Dunford, P.E. Director November 28, 1973 The Honorable Lawrence D. Cohen Mayor of the City of St. Paul Room 347 City Hall BUILDING Re: Construction of 1-94 - Plum St. to Kennard St. , State Project No. 6283- 45 (94=392) Dear Mayor Cohen: Attached is a proposed Resolution pertaining to stone crushing operations by Foley Brothers, Inc. , the prime contracto� for the Minnesota Highway Depart- ment's referenced p�oject. 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, detailing his request for this change. � Foley Brothers has been crushing limestone rock and existing concrete from old walls, 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 posstble to encourage an expeditious completion of this work. You�s very truly, l�(� ��-�( Daniel J. D ford Director of Publ ic Work WAH/DOL/dah ` Attachments Approved: cc: Walter A. Hurtley ��- ., , � � r' � ,�c/ � Frank D. Marzitelli, - ty Administrator ♦� � Y �, 262 e 4"7 �' �. p . . CONSTRUCTORS ,60 ENOICOTT-ON-iOURTM . fA1NT PAUL, MINNE90TA 65101 � November 27, 1973 �E C E f V E D NOV2? 1973 City Council �'tf�i. �F 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 Pro�ect 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. , '."Ionday 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. Sincerelq, FOLEY BROTHERS, INC. , �� ' Alan W. Foster AWF/lf � �°�°��a��°��o�e�m�m��a�i�a��o�a�mru�a�a��o�r��Q��ry4��o�Q�oopoQ�av��T�'�o�s��raTa'��.0��.�'�ru.�r�.�.�'fT 0 .. � OSHI OStfL> i ' e MINNESOTA t�EPARTMENT OF LABdS: AND INDUSTRY i � a Occupational Safety and Hewlth Division Dahl 1Q5 ; , ., � _._.____ .. G � Region E i " r' � I � Ee � CTTATI�N I 1. nnpi�tY C;ou�rnitikiou�+r � �� i '_' � i Department of Labor and Industry �� ' 444 Lafayette Road a� ' St. Paul, Minnesota 55101 - e� � �� , �� ' ,� . �� ------------------------- , � T0: 2. -----� � � Mr. Ron Fashant, President � 3. Citatioii Number 1 �� I " � �� ; Maturi Construction Co: � � Monticello, Minnesota ,� � 4. Page Z of 5. 1 ' �d � I �� --------------- ----� , e° ----------- �� . e� 6. TYPE OF ALLECED VIOLATIOI�(S): �QNE — o� ►� An inspecticn was made on i. November 2 e� �_1973 of a place of employment located at: pa 8Bates & Hudson st �ul Mn. s gtrenching and sewer ro 'ect and described as follows: o� , D` �� On tho basis of the inspection it is alleged th�,t you t►�,ve viol�ted the Mirinesota Occupational Safety and Health °. Act oP 1973 in the following respects: p� . l0. Item �� 11. Stan�ard, regulation 12. 13. Date by which 8� number � or section of the Act Description of alleged violation alieged violation e� allegedly violated must be corrected �� P� � "CONGRATUI,P,TIONS" ! ! ! ! ! � � i i °� s� i i �� . �� e \� f �� , � �� D� �� P� rhe law requires that a copy of this citation shall be proii�inently posted at or near each place that an alleged �; riolation referred to in the cita.tion occurred. The citation must remain posted until all alleged violations cited �, :herein are corrected, or for 3 working days*, whichever period is longer. �' RIGHTS OF EMPLOYEES � ' � '�a Any em�loyee or representa.tive o[ employees who believes that any period of ti me fixed in this citation for p� he correcti�n of a, violati�n is unreasonable has the ri ht tc contest s � g uch time for correction by su�mitting u m� ettar to the Deputy Comn,issioner oC the Department of Labor and Industry at the address sho�vn a,bova within 15 �' rorking days�k of the issuance af �his citation. "No emplcayee shall be dischar ed or in ansl '. �� way discriminated aaa,inst becau�e such employee has filed a,ny �. omplaint or itas�ituted or cwusecl to be instituted a�ny proc�eding c�r inspection under ar related to thi� Act or h:�s s' :stified �r is ai:out to ±estify in any such proceedinQ cr fiera��p �g +►, r�,.�� , � ►��° c: ��t;ers �i any rignt afforded by this A�t." yectiori 5, subd�. 9 of thQjR9in esota�Oc cupa,�tional Safetq and D• , ealth 9c� ot' 1973. � N� Jnder tha Minnc�5ota Qcc.up�siana; Satety n.nd I ealt � � � b� >attarday�;, ;un�1t,y or Federal Hoiida . � he term ' Working Day" means Mondayr� throu�h Fridays but dc�es not inclu�lH �a !. Pirei:tc,r'� Sig►►atiue___._ �,� �;, — ._._ .::ssuatice Date_ 5 R '�� , ;'� ��. �a (PiOTICE: Addit�onof im�ortant Inforrrn!i�r, oF Revorse '�ide) , �t •��.A�"f`�.4s'e'�.iv�,'�'�t1.�ro,ar,r,M.o..R,....-'_ — -- — — _ _ � __.._ .. - bR , . , . , * �� Y � �":�y„80 N!�N•"�=SOTA DEPARTh1ENT OF LABpR AND {NDUSTRY aSHI NQ OSHi�t NO. C_Y.j •`'�« �� Occupational Safoty and Heatth Division :� � � �1' Dahl : 10� 73 ' fiEG10N �• � .w �_. :, L_ J : - . f2 0.------------------------� : : � Mr. Ron Fashant, president � ( Maturi Construction Co. � i Monticello, Minnesota , � I I . I . �----------------------------J - Subject: Citarion(s) for Alleged Occupational Safety and Health Violation(s) . ' ; Ar. uispecrion of a place of employment under your operation, ownership, or control has revealed conditions which we believe'do nbt comply with the provisions of the Minnesota Occupational Safety and Health Act of 1973. The nature of such alteged violation(.$) is described in the enclosed citation(s) wich reference to applicable standards, rules, regulations and provisions of the said Act. These 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 citarion(s) be prominently posted at or near each place a violation referred to in the citation occurred. It must be posted immediately upom receipt and must remain posted until all violations cited therein are correCted,or for three work;ng days*, whichever period is longer.A sufficient number of copies of the attached citation(s) should be prepared to permit posang . in accordance with the requirements of the Act. The Act provides for penalties for violation of the posting requirements. � You are hereby notified, or wi11 soon be notified, whether or not penaity(ies) will be proposed as a result of the cited violation(s).Yo� 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 : citation(sj and proposed penalty(ies). If you do contest, you should submit a letter to the Deputy Commissioner at the address shewn above within 15 working days* after receipt of the certified 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 of 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 initiated his contest in good faith and not solely for delay or avoic�ace of gen��:�s: :, f Yau have a right to request a discussion with the Deputy Commissioner concerning any results of the inspectiot� (abatement dates; � citations, penalties, etc.). Please direct correspondence to, or call, the Deputy Commissioner of the Department of Labor and Induscry.A request for an informal discussion cannot extend the 15 working day Period allowed for tilin� a notice of contest. Thesefore,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. allawe� for filing a notice of contest, preferably as soon as possible. _ ;� An employee or representative 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 etnployer has posted the citation(s) as required by thc Act and corrected the alleged �� violations. Failure to correct an all�ged violation within the abatement period may result in further proposed penalties for each day the ; alleged violatien has not been corrected. Correcrion of alleged violations which have an abatement period of 30 days or less shall be reported in writing to the Director no later than the latest abatement date (of 30 days or less) for all such violations. Reports of correcrions should show specific conective action on ' each such alleged violation and the date of such acrion. 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 to $10,000, imprisonment up to 6 months, or boch. [f you wish additional information,you may direct such request to the undersigned at the address listed below. � . `Under che Minneeota Occupational Safety and Hea!th Act`of 1973, the term "Working Day^means Mondays through Fridays but does not include Satiir- days, Sunc:ays, or Federal Holidays. Citation(s) Enclosed Quantity p�Rea MINN£SrJTFi ^EPARTMEI�iT OF LAHnFt AND !N(�USTRY � No�srriou� �_ Occu �tional Sufcc � P� y and Health Division , Seriuua • Willful and/or Repcated ------ BY Dicector �____. 5 __ f:otifir,icion of Proposed Prnalty encloscd � C� 1'es � No � �` , .______��. Datc _�_.�_ ]q .�.� -------_--- ' -_ . 1