11-17-2025 - Agenda Packet Planning Commission - Full Packet

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wander into the equipment -operation area. They are especially vulnerable to lawsuits since the "remedy' could be easily achieved by requiring fencing or monitoring the site. https://minnesota.lexroll.com/gimmestad-v-rose-brothers-co-inc-194-minn-531-1935L utm_sou rce=chatgpt.com Citation from Best v. District of Columbia, 291 U.S. 411, 419, 54 S.Ct. 487, 491, 78 L. ed. 882, 887. In the Best case, from which these quotations are made, the court held [syllabus, 78 L. ed. 882, 883]: "The owner of a wharf, unfenced, close to the street, and with a barrier partly down, upon which children are attracted to play by piles of sand unloaded thereon, may be held liable for the death of a five -year -old child who, while playing there, fell through a hole and was drowned." And there, as here, if the persons in charge of the property [291 U.S. 419] "had reason to anticipate that use, there was a duty to take reasonable precautions either to prevent it or to keep" the premises in such shape and state of repair that children would not be exposed to the danger incident to such use. From: To: 'Gigi Jabbour' <gigil@minnetonkamarina.com>;'GABRIELJABBOUR' <gabrieljabbourlcDmsn.com> Subject: Would the proposed expansion for barges at the North Arm Launch meet the definition of a Marine Terminal? 29 CFR OSHA Maritime Regulations Part 1917 and 1918 Marine terminal means wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore or shore to vessel including structures which are devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of the terminal or equipment. The term does not include production or manufacturing areas nor does the term include storage facilities directly associated with those production or manufacturing areas. 1910.16(a)(1) Part 1918 of this chapter shall apply exclusively, according to the provisions thereof, to all employment of every employee engaged in longshoring operations or related employment aboard any vessel. All cargo transfer accomplished with the use of shore -based material handling devices shall be governed by part 1917 of this chapter. 29 Sub B Chapter 17 Part 1918 Longshoring operations means the loading, unloading, moving or handling of cargo, ship's stores, gear, or any other materials, into, in, on, or out of any vessel. From: Gigi Jabbour [mailto:giei(@minnetonkamarina.com] Sent: Friday, October 17, 2025 11:35 AM Subject: Osha Gigi Jabbour, CMM 204