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3.9. SR 05-02-2005 Item #3.9. MEMORANDUM TO: Mayor and City Council FROM: Chris Leeseberg,Planner DATE: May 2, 2005 SUBJECT: Case No. GP 05-06 Request by Faegre & Benson LLP (Cretex) for a General Planning Permit to Allow Tents for Union Staff Request The applicant requests a General Planning Permit to erect two temporary tent structures to provide shelter from the elements to Cretex Teamsters. Location 1340 6th Street Zoningl Land Use 12 (Medium Industrial) / MI (Medium Industrial) Attachments . Location Map . Applicants Narrative . Court's Order for Permanent Injunction . Site Plans Overview Pursuant to an order for injunction by the Tenth Judicial District Court, Cretex must promprly petition to the Elk River City Council for permission for tents to be erected and maintained for the effective period in the injunction in approximately the locations identified in Exhibit A to the injunction. Planning Department Mission: the orderly development of a livable and sustainable Elk River community. City Council/GP 05-06 May 2, 2005 Page 2 The applicant is requesting the General Planning permit, because the City ordinance only allows membrane structures to be erected (no more than 4 days) for special events. Request Cretex is requesting permission for a temporary "non-picketers" tent, no larger than 20' x 30', to be placed on a grassy area in the southwest comer of the Cretex property. They are also requesting permission for an 8' x 10' tent, referred to as the "picketers' tent," to be placed on the hard dirt surface just outside of the Cretex fence, just to the west of the main entrance, and immediately before the prairie grass. The tents will be erected and maintained for the effective period in the injunction in approximately the locations identified in Exhibit A to the injunction. The injunction shall be in effect until: a) Cretex and the Union execute a bargaining agreement; b) if no agreement is executed, the Union ceases to represent the Cretex employees; or c) as otherwise ordered by the Court. Neither tent is located in such a way as to adversely impact site visibility or adjacent properties. Recommendation 1. The tents shall be removed when: A. Cretex and the Union execute a bargaining agreement; B. if no agreement is executed, the Union ceases to represent the Cretex employees; or C. as otherwise ordered by the Court. 2. The tents shall be appropriately anchored to prevent them from blowing off site. S:\pLANNING\Case Files\2005\GP 05-06 Cretex (Faegre & Benson)\GP 05-06_CC.doc 1\ ~\ ~~~r\\\\\j~? t>~ ~i "~ ~ Y' 2!:l:-z- ~ _ l.1 s\"it:~ \" ~ ~ 2 Y :]( ~ \ ~ '- _\~ y~~/ \ \ ~) ~ ~~ PARK ..$; ~I S \~ ~".-m \) [;tJ <?~ /; ~~ / /\ ~J~~~T~~ I ~ I "" ~ l> ~~-k&< __/~~itf, oOtt-V-1 ~_"'<: ~ "-:~ ~"'~ C -? ~ ~~~ ~%,~ _ ~oo == ~", ~i !1 :n SITE ~,:~ _ j::! Z ---r,,; Z ~ f--~ '---'---- w ~ w <( ~~,f~ 1L~~ l ~~~~~ - ~ ~\'f:f- ~ "'~~.. -~ ~~~ 'l MITL I~~;;:: - S ~l ~ ~. III - fh h-R-n ~^y ~~~,())'O AVE. ~ II TrF= ~18Eirl ~ ~ ~~w _ ~ ~ ~~ J : i4- ~ ~a -tt ~ . h~ . '-l lot ~: A1t I. -t-: ~ ~ /j ~ I ~ I L/\ )KE ELEM. g 11 'I ~7iihCHOOL ~ II 7/ ~ ~ .f ~TO e- II ;';;'-J LH 2 / II; L I ~ ~ \JJ ?~"!! 'bt~i --e: \\J ~ OAK KNOLL VANDENBERG JUNIOR HIGH SCH OOL SC n . ~ ...... ~ I I Location Map ~ N Case Number: GP 05-06 FAEGRE & BENSON LLP (CRETEX) Application for General Planning Permit Cretex Concrete Products North, Inc. Description of Request Cretex Concrete Products North, Inc. ("Cretex") is requesting a general planning permit to allow the erection of two temporary tent structures for a period of more than four days. The tents will be used to provide shelter from the elements to Cretex employees and Teamsters Local 120 representatives for purposes related to an ongoing labor strike against Cretex. Pursuant to an order for injunction by the Tenth Judicial District Court, Cretex must promptly petition to the Elk River City Council for permission for the tents to be erected and maintained for the effective period in the injunction in approximately the locations identified in Exhibit A to the injunction. The injunction shall be in effect until: a) Cretex and the Union execute a bargaining agreement; b) if no agreement is executed, the Union ceases to represent the Cretex employees; or c) as otherwise ordered by the Court. A copy of the Court's Order for Injunction and Exhibit A have been submitted with this application. Cretex is requesting permission for a temporary tent, no larger than 20' x 30', to be placed on a grassy area on Cretex' property that lies between the plant fence and westbound Highway 10, adjacent to where Cretex' fence turns away from Highway 10 and begins to run north. This tent is referred to as the "non-picketers' tent" in the Court Order and Exhibit A, and on the plans submitted with this application. This tent will be located 30 feet or more from the front Cretex property line along Highway 10 and 10 feet or more from the side lot line adjacent to the house at the intersection of Upland and Highway 10; thus, the tent will comply with the minimum setbacks for the I-I zoning district. Cretex is also requesting permission for an 8' x 10' tent, referred to as the "picketers' tent," to be placed on the hard dirt surface just outside of the Cretex fence, just to the west of the main entrance, and immediately before the prairie grass. The proposed location of this tent is also depicted on Exhibit A to the Court Order and the plans submitted with this application. The proposed location of this tent is not on Cretex property; rather, it is in what is believed to be a right-of-way area immediately abutting the Cretex fence and property line. However, the proposed location of the picketer's tent is set well back from the traffic lanes of Highway 10. The tent will provide a measure of visibility and safety for the picketers who are already using the right-of-way to picket Cretex, and will increase the safety for vehicles entering and exiting the Cretex main gate. </-;:::::.../ /),,- '. - STATE OF MINNESOTA} COUNTY OF SHERBURNE SS. FILED . WORKING COpy STATE OF MINNESOTA ArK 2 5 Z005 DISTRICT COURT COUNTY OF SHERBURNE PArr!iC'" A. i\uKA COUAT ADMINISTRATOR By "X...;..~ ""...&R.~ Deputy TENTH JUDICIAL DISTRICT ) Crete x Concrete Products North, Inc., ) ) Plaintiff, ) STIPULATION AND ORDER FOR v. ) PERMANENT INJUNCTION ) Teamsters Local 120 and Joseph Battaglia, ) ) Defendants. ) ) Plaintiff, Cretex Concrete Products North, Inc. ("Plaintiff' or "Cretex"), and defendants Teamsters Local 120, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL-CIO (the "Union"), and Joseph Battaglia, a Business Representative employed by the Union (collectively "Defendants"), by and through the undersigned counsel and based upon the allegations previously made and the recitals hereinafter, stipulate to the following permanent injunction. Recitals 1. Cretex is a Minnesota corporation, is engaged in the manufacture and supply of precast and prestressed concrete products to the construction industry, and operates a manufacturing facility at 1340 Sixth Street in Elk River, Minnesota (the "Plant"), 2. The Union is a voluntary association and it operates as a labor union in Minnesota. The Union's principal place of business is 2635 University Avenue West, S1. Paul, Minnesota, 55114. 3. The Union is the exclusive bargaining representative for approximately 105 employees (the "employees") working at the Plant. All of the employees are members of the Union. 4. Defendant Joseph Battaglia is a Business Representative for the Union, is employed at the Union's principal place of business, and has primary responsibility at the Union for representing the employees. 5. Cretex and the Union were parties to a collective bargaining agreement covering the employees at the Plant (the "Agreement") that expired on December 31, 2004. 6. Since November of2004, Cretex and the Union have been bargaining for the purpose of reaching an agreement to succeed the Agreement (''the successor contract"). 7. Cretex and the Union reached a tentative successor contract on or about April 13,2005, but the employees failed to ratify the Agreement. 8. The Union, Battaglia and the employees struck Cretex and commenced picketing the Plant on April 19,2005. 9. Cretex has alleged that Defendants and other persons in active concert or participation with them have engaged in certain unlawful conduct, including alleged violations of the Minnesota Labor Relations Act, Minn. Stat. ~~ 179.01 et~. (the "Act"). Defendants deny those allegations. ] O. Defendants have alleged that Cretex and other persons in active concert or participation with them have engaged in certain unlawful conduct, including alleged violations of the Act. Cretex denies those allegations. 11. Cretex moved for an order temporarily restraining Defendants and other persons in active concert or participation with them from engaging in certain unlawful acts, and Defendants -2- have also moved for an order temporarily restraining Crete x and other persons in active concert or participation with Cretex from engaging in certain unlawful acts. 12. This matter was set for hearing on Cretex '5 motion, and was scheduled to be heard by this Court on Monday, April 25, 2005 at 8:00 a.m.; defendants made their counter motion to be heard at the same date and time. 13. Before this matter could be heard, the parties, by and through the undersigned counsel, . entered into this stipulation. STIPULATION Plaintiff and Defendants stipulate to the entry of a permanent injunction on the following terms: A. Defendants and their officers, agents, employees a~ting within the course and scope of their employment, members, and representatives, and each of them, and all persons acting in aid of or in concert with Defendants, or any of them, be and they hereby are enjoined and restrained from doing, threatening, or attempting to do, or causing to be done, either directly or indirectly, by any means, methods, or devices, any of the following acts: 1) Maintaining on behalf of Defendant a total of more than four pickets on any picket line or in the vicinity of any entrance to or exit from Plaintiffs premises located at 1340 Sixth Street in Elk River, Minnesota (the "Plant"); provided, however, that it shall not be deemed a violation of this stipulation and order (i) for one person in excess of the number authorized herein to be within the area of any entrance or exit described above when such person is in that area solely for the purpose of relieving lawfully stationed pickets, provided that such relief of pickets is executed promptly; (ii) for the Union to designate not more than one representative (in addition to the four pickets) as a "picket captain" to be present at any entrance or exit described above for the purpose of supervising the conduct of said pickets and assisting in the observance of the Order or otherwise acting for the welfare and convenience of authorized -3- picketers, but subject to all the same regulations stated herein; or (iii) for the Union to erect and responsibly maintain two open-air tents (the "tents") on Company property designated by the c:ompany. The first tent (the "picketers' tent") shall be no larger than 8 feet by 10 feet and will be placed on the hard dirt surface just outside of the company fence, just to the west of the main entrance, and immediately before the prairie grass. The picketers' tent may be used by the Union solely for the purpose of affording shelter from the weather to the picketers and the captain authorized above. No more than five persons (the four picketers and the one captain) may be in the vicinity of the picketers' tent at any time. Neither the picketers' tent nor the authorized picketers or their captain may in any manner obstruct the ability of the public to see the Cretex sign from Highway 10. The second tent ("the non-picketers' tent") shall be no larger than 20 feet by 30 feet and will be placed on a grassy area between the Plant's fence and the westbound lane of Highway 10, to the west of the main entrance, on Cretex property, in approximately the area designated as being for the "non-picketers' tent" on Exhibit A (which is attached hereto and referenced below). That area is in the area adjacent to where the Company's fence turns away from Highway 10 and begins to run north, approximately parallel to Upland A venue. The only persons permitted in the non- picketers' tent are: (a) employees of Crete x; and (b) not more than two officers, trustees or permanent, full-time employees of Teamsters Local 120 at anyone time. No person permitted in the non-picketers' tent may be participating in the picketing and each such person must beh~ve peacefully and civilly. No striking employee of Crete x, other than the four authorized picketers, may come within (a) fifty feet to the east of the drive used by vehicles entering into or exiting from the Plant's main entrance; or (b) fifty feet to the west ofa line running perpendicular to the west bound lane of Highway 10 and intersecting the western most portion of the picketers' tent. This area, extending all the way from the fence to Highway 10, is hereafter referred to as the "no-entry zone." -4- The two tents must be erected in a fashion so that all activities within the tents are in plain view to any person outside the tents. If the strike has not been settled by October 15,2005, the Union may add transparent side flaps to help protect the tents' occupants from cold winds and snow. The tents and the surrounding property must be maintained by the Union in a clean and orderly fashion, and no weapons, illegal items. or items that could be used to damage Company property may be brought into or stored at either of the tents. Nothing in this paragraph authorizes the Defendants to use the tents or the Cretex property where the tents are erected for the purpose of communicating any message related to Cretex or any labor dispute that the Union may have with Cretex. The prohibition in the immediately foregoing sentence prohibits, among other things, displaying any picket sign in the tents or on Cretex property. The Union may also, to the extent permitted by local law, have a single portable toilet in the vicinity of the second tent. Cretex will promptly petition in good faith the Elk River City Council to request permission for the tents to be maintained as described above for the duration of the effective period. of this stipulated injunction. If the City Council fails or refuses to permit the picketers' tent or the non-picketers' tent, no prohibition or other provision of this stipulation and order will be affected or impaired; provided that, in such an event, Cretex and the Union will in good faith attempt to negotiate some other accommodation that will provide comparable shelter from the elements; provided further that Cretex's obligation to negotiate does not require it to permit any person inside the Plant's fence or to erect a pennanent shelter outside the fence. Picketers authorized by this paragraph must be employees of Cretex. Picket captains authorized by this paragraph must be either (a) officers of Teamsters Local 120; (b) business agents or other permanent, full-time employees of Teamsters Local 120; or (c) persons who are currently trustees of Teamsters Local 120. Attached as Exhibit A is a schematic that helps to describe the locations of the picketers' tent, the non-picketers' tent, and the no-entry zone. -5- 2) Having weapons on their person or any animal with them while on the picket line; provided that nothing herein prevents an employee from having in his pocket a pocket knife no longer than 4 inches, or other personal items, so long as none of those items is ever brandished or used in any manner to threaten any person; 3) Picketing as provided above so as to block any entrance to or exit from Plaintiffs premises described above or so as to interfere with, physically delay, impede or obstruct the ability of persons to enter or leave said premises; 4) Picketing as provided above so as to interfere with the full uninterrupted use of public streets adjacent to the Plant; 5) Threatening physical violence or damage to property, assaulting, or in any other manner touching or otherwise physically contacting the persons, clothing, or vehicles ofPlaintitrs customers, employees, agents, representatives, visitors or invitees, or the employees of customers, suppliers, lessors, contractors, common carriers, or others doing or attempting to do business with Plaintiff; 6) Destroying or damaging property of Plaintiff or Plaintiff's employees at or near Plaintiffs premises described above or elsewhere, or of any other persons doing or attempting to do business with Plaintiff, and from engaging in conduct calculated or likely to cause, or causing, damage to such property; and 7) Interfering with the safe operation of Cretex vehicles, or vehicles of contractors supplying materials to Cretexor carrying products made by Cretex, on public streets with other stopped or slowly moving vehicles or otherwise harassing them or subjecting them to violence beyond the Plant, not including legal ambulatory picketing. B. Cretex and its officers, agents, representatives, and employees acting within the course and scope of their employment, and each of them, and all persons acting in aid of or in concert with Cretex, or any of them, be and they hereby are enjoined and restrained from doing, threatening, or attempting to do, or causing to be done, either directly or indirectly, by any means, methods, or devices, any of the following acts: -6- 1) ViolatingMinnesota Statute ~ 179.121 by failing to bring a vehicle to a full stop at any entrance to or exit from the Plant or failing to exercise caution when entering or leaving any entrance to the Plant; 2) Threatening physical violence or damage to property, assaulting, or in any other manner touching or physically contacting the persons, clothing or vehicles of any person on a picket line at the Plant; 3) Destroying or damaging property of the Union, or of Crete x employees who are members of the Union, at or near the Plant or because of the property owner's involvement with the strike. C. No party has admitted any wrongdoing. D. The following Order of the Court shall continue in full force and effect until: (a) Cretex and the Union execute a successor contract; (b) if no successor contract is executed, the Union in writing disclaims any interest in continuing to represent the employees a the Plant; or (e) otherwise ordered by this Court. E. The following Order of the Court may be served upon each party by sending its undersigned counsel a copy of this Order via facsimile. Date: ~ -J> -I)) Faegre & Benson LLP Counsel for Cix (inc7te Produ~t~ No~, Inc. B . #..': " t/ . /. iJdftnW. PO'lie; b.... . :Arty. Reg. No. 197988 2200 Wells Fargo Center 90 So. 7th St. Minneapolis, Minnesota 55402 612-766-8619 Date: 4-1 L,<" j or Hughes & Costello Counsel for Teamsters Local 120 and Joseph Battaglia -7- By: M ~.~J~J<<jr.- Martin Costello Atty. Reg. No. 19100 1230 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1637 (651) 268-3206 ORDER Based on the pleadings and foregoing recitals and stipulations, it is hereby ORDERED, ADJUDGED, AND DECREED that an injunction is granted according to the above terms. A violation of this injunction shall constitute criminal contempt. IT IS HEREBY FURTHER ORDERED, that copies hereof shall forthwith be delivered to the Sheriff of Sherburne County, Minnesota, and to the Police Department of Elk River, Hennepin County, Minnesota, forthwith, and those law enforcement departments are , authorized to ~t any person who violates this Order. Dated thi~dayof April, 2005. ~ obert areo Judge, Sherburne County District Court - -8- 3nN3^'t' ---O:Z .-."- -_: ON't','cH'l.--- -. I r--- j I -- I I I I I I .Q / / / 3/'l N3^'" __ ~ ~z.. __~ N J 11 0 f I- ,,~ :1 !! .. I: I 1 I I I C' I ~ I .l... I :~ I ~f I ~ I ~ !: : ,: : ,- f': ~...,'~ ~ I; , "- ; ~ I. ' ~. j ! ==- , ~/ I! i . c::=3~1 :-:-~ ". .' 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WATER MAIN 0 6TH STREET UTILITY DETAIL 1/B.=1'-0" FILE COpy M2ill; SITE AREA = 69.5 ACRES:t THIS AREA INCLUDES LOTS OWNED ON WEST SIDE OF PROPERTY A THE CRETEX COMPANIES, INC, V ElK RIVER, MINNESOTA SCAlE '-=120' TITLE NUMBER REV. ~ 4 4 01 ELK RIVER 40326 """BWM OK., PLANT LAYOUT "'YO. SHT. Of'