HomeMy WebLinkAbout20072819.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
• FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 147332000014
Legal Description: Lot A of RE-4578; Pt of the SE4, Section 32, Township 1N, Range 65W
Flood Plain: None Zone District:Agricultural (A) Total Acreage: 12.8 Acreage for USR: 12.8
Overlay District: None Geological Hazard: None
FEE OWNER(S)OF THE PROPERTY:
Name: Donald Sack Phone: 303-452-5153
Address: 25880 E. 168th Ave., Brighton, CO 80603
APPLICANT:
Name: Mountain States Line Constructors JATC do Mark Sterkel Phone: 303-227-4811
Address: 12150 E. 112th Ave., Henderson, CO 80640
AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
• Name: Lauren Light, Tetra Tech
Address: 1900 S. Sunset Street,Suite 1-F Longmont, CO 80501
Phone 303-772-5282 Email: Lauren.Light@ttrmc.com
PROPOSED USE: Electrical Lineman Apprenticeship Trade School in the Agricultural Zone District. Section 23-3-
40.V of the Weld County Code allows uses similar to the uses listed as long as the use complies with the general
intent of the Agricultural Zone District. Section 23-3-40.E.2 allows private schools as a Use by Special Review in
the Agricultural Zone District. A trade school is similar to a private school which meets the intent of Section 23-3-
40.V.
I (We)hereby depose and state under penalties of perjury that all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that
the signatory has to legal authority to sign for the corporation.
cii I O7
Signature: Owner or Authorized Agent Date
• EXHIBIT
2007-2819
• . 1
April 23, 2007
Weld County Planning Department
918 10th Street
Greeley, CO 80631
To Whom It May Concern:
Donald Sack authorizes Mountain States Line Constructors JATC to apply for a Use By
Special Review (USR) on the property described in the attached contract. Donald Sack
authorizes the buyer to take any steps necessary to obtain the USR permit and also grants
such authorization to any agents, representatives, consultants or contractors hired by
Mountain States Line Constructors JATC to facilitate processing of the USR.
Sincerely,
e V- i,Y& 7
Donald Sack Date
•
• April 23, 2007
Weld County Planning Department
918 10th Street
Greeley, CO 80631
To Whom It May Concern:
Mountain States Line Constructors JATC has contracted with Tetra Tech to process all
work related to a Site Specific Development Plan and Use By Special Review (USR)
application to be filed in Weld County. Tetra Tech is authorized to represent Mountain
States Line Constructors JATC throughout this process. Mark Sterkel is authorized to
sign for Mountain States Line Constructors JATC per the attached documentation.
Sincerely,
/A:2 7
• Mark Sterkel Date
•
a,nYr • •
ae. mnree�C, � aw�mh'H�
`; MOUNTAIN STATES LINE CONSTRUCTORS m,-,,,Fe
N[CA ;°: APPRENTICESHIP AND TRAINING JOINT COMMITTEE •1d` 1
7001 South 900 East, Suite 240 Midvale, Utah 84047 801-562-2929 '�d'rn st•"�f
WISE EMPLOYERS...HIRE APPRENTICES
COLORADO- IDAHO- MONTANA-UTAH-WYOMING
RED ION
OF THE BOARD OF TRUSTEES OF THE
MOUNTAIN STATES LINE CONSTRUCTORS
APPRENTICESHIP AND TRAINING TRUST FUND
RECITALS
Whereas on 28 November 06, the Sub Committee of Trustees of the Mountain States Line
Constructors Apprenticeship and Training Trust Fund, approved the purchase of a certain parcel
of land in Weld County, Colorado, from Donald Sack, said land and purchase more fully
described in the attached contract for purchase dated December 14, 2006 (herein Real Estate
Purchase Contract or REPC); and
Whereas, the Board under Article)CA(6) of the Trust Agreement is empowered to delegate such
of its ministerial powers and duties to individual Trustees or Committees of Trustees or to such
servants, or employees of the trustees as may, in the opinion of the Trustees be desirable; and
Whereas to facilitate the due diligence under the REPC and to apply for governmental permits on
the land to facilitate the purchase under the REPC, including Use By Special Review on the
property described in the REPC, Ron May, Chairman of the Board of Trustees of the Mountain
• States Line Constructors Apprenticeship and Training Trust Fund, with the approval of the
subcommittee, retained and contracted with Tetra Tech (Contract Job No. 19-5259.002.00) to
process such work and further authorized Trustee Mark Sterkel to sign legal documents relating
to the purchase, site development plan and acquisition of related special use permits for said
property under the REPC; and
Whereas the Trustees have been fully informed of the transactions and occurrences described in
the above recitals and has reviewed the proposed terms of the REPC and the agreement with
Tetra Tech, and that the same is necessary to carry out the purposes of the Trust
RESOLUTION
Now therefore it is resolved that the Board approve, ratify, the purchase of the land under the
REPC and all of the acts of the Board's subcommittee, Ron May and Mark Sterkel taken to
accomplish such purchase, as described in the above recitals, including the contract with Tetra
Tech and the application for Use By Special Review by the Weld County Planning Department,
and to further authorize the Subcommittee, Ron May and/or Mark Sterkel to continue jointly or
individually sign legal documents relating to the purchase, site development plan and acquisition
of related special use permits for said property under the REPC, to take necessary acts in
furtherance thereof and to represent the Trust in such dealing with or before such persons,
governmental bodies and organizations, including Seller, to accomplish such purpose.
• It is further resolved and stated that the twelve(12) individuals named below, and whose
signatures are affixed to this Resolution make up the entire, current Board of Trustees of the
Mountain States Line Constructors Joint Apprenticeship and Training Trust Fund, and the
Mountain States Line Constructors JATC Building Corporation.
The above resolution was approved by the Board at a special meeting of the Board on the 30th
day of March, 2007.
Kent Maughan, Secretary Ron May, Chairman
Wasatch Electric IBEW L.U. 57
• Salt Lake City, UT Salt Lake City, UT
Mark Sterkel Mark Johnson
Sturgeon Electric IBEW L.U. 113
Henderson, CO Colorado Springs, CO
Randy Williams Sean McCarville
Rocky Mountain Contractors IBEW L.U. III
Helena, MT Denver, CO
Rich Holbeck Don Hendrickson
Par Electric IBEW L.U. 44
Aurora, CO Butte, MT
Terry Roberts Robert Bodell
L.E. Myers Co. IBEW L.U. 449
Salt Lake City, UT Pocatello, ID
Lon Peterson Charles Dockham
• R.A.Waffensmith & Co., Inc. IBEW L.U. 322
Franktown, CO Casper, WY
Signed this 30th day of March, 2007 .
‘',J .
Kent Maughan, S etary on May, Chairm
ghliF 7 ,
T itIrts Don Hendrickson
R Tilliams Marshall Johnson
Id 44(41 ea-46.A4 44444
Rich Holbeck Charles Dockham
1
6LA al
• Mark terkel Sean Carville
Lon Peterson Robert Bodell
MAR-14-2007 WED 08:28 AM *AT AND WLCC FAX NO, 801)68610 P, 02
Colorado Idstho Montana Utah Wyoming
INTERNATIONAL
I• ,Th, BROTHERHOOD OF
ELECTRICAL
>✓ � WORKERS
JON F.WIVn'Eftffi •
L.A•rnrtrwni.IVeru P od:foul J.J.HARRY
ImamnllOnal P,00'dont
3a0 Singi hv.vinr 'iutla PRI
data EDWIN D.HILL
icigno niltr.•Idz np,atp5 EIGHTH DISTRICT lnramntinnol5ocrotdry
JtIItrI a'y I I, 1999
Mr. S.E.. I'clell
Scerrny•Director
Mountain States Line Constructors
:;o: 3 Soul lt 7(X) West, Suite "B"
Sall Lake City, UT 84119 RECFIVED
`""1 JAN 2 2 1999
(jive State Committee Members
i 4 n,o agolueu t Zillion
John Harp Stan Dupree
[Sill flan-din Bob Bodell
Kent M;ulghan Mark Johnson
Ron Soule Rick Oakland
• Wiliiaw Weaver Dana Crownovcr
R itidv Williams
Dear Sirs:tnd Comnliiteo Members:
As a WA ii It of the recent resignation of Nom1 Brown, I would like to take this opportunity to appoint
Ron May, Assistant Business Manager of[dotal Union#57, as a;flambe,-of the Mountain States
Line Constructors Joint Apprenticeship and Training Committee, effective immediately.
I ant confident Brother May will serve the Committee well and he a credit to the Industry.
I1cst wises.
Sinif:rely,
Jon 1 . Walters
International Vire President
JI4W/cnt
•
II t'hono:(208)520-6555 Fax:(208)529-3632 E-mail:71363.1153Ocompuserve.com
MAR-14-2007 WED 08:28 AM •AT AND WL00 FAX NO. 8(.68610 P. 03
•
MOUNTAIN STATES LINE CONSTRUCTORS
AREA JOINT APPRENTICESHIP AND TRAINING
TRUST FUND AGREEMENT
By and Between
Western Line Constructors Chapter
• NationalElectrical Contractors Association, Inc.
and
Signatory I.k3.R.W. Local Unions In
Vice Presidential District Eight
of the International. Brotherhood of Electrical Workers
(Amended and Restated 2002)
•
MAR-14-2007 WED 08:28 AM •AT AND WLCC FAX NO. 8(468810 P. 04
MOUNTAIN SPATES LINE CONSTRUCTORS AREA JOINT APPRENTICESHIP
. AND TRAINING TRUST WWD AGREEMENT
AS AMENDED AND RESTATED ON JULY 23, 2002
TUTS AGREEMENT entered into on the 23rd of July , 2002,
super:. de.s and nmendr the first restatement of this Agreement
dated the 13th day of November, 1990 and amended on January 1,
1096, pursuant to Article 17 thereof, by and between the Western
Line Constructors Chapter, NECA (hereinafter called the Chapter)
and he Signatory Loca]. Unions in the international Brotherhood
of Electrical Workers V.?. District Right (8) (hereinafter called
the Brotherhood) .
The Chapter and the Brotherhood do hereby agree as follows :
Aifl 1 .i.
DEEFINITIONS
iUnless the context or subject matter otherwise requires, the
hollowing detinitions shall govern the interpretation of this
Agreement and Declaration of Trust:
A. "Employer" shall mean and include:
(1) Any person, firm, corporation or entity who or
c.fuch in required by a Written Agreement to make contributions to
I tw.; Trust Fund,
(2) Any other, person, firm, corporation, or entity who
become:> signatory to a Written Agreement requiring contributions
into this Trust Fund, and who becomes a party to and is bound by
thin Trust as provided in Article 2 hereof, provided the
Trustees, in their discretion, agree to accept the payment of
conLr [but ions .
2
MAR-14-2007 WED 08:28 AM MiT AND ACC FAX NO. 848610 P. 05
D. "Employee" shall mean any person in the employment of
• an Employer whose work or work classification is covered by a
Written Agreezneslt -
C. "Agreement and Declaration of Trust" or "Agreement" or
" vu;;t" shall mean this instrument, including any amendments
hereto made in conformity with the terms ,hereof.
.
D . "Fund" or "Trust Fund" shall, mean the Trust Fund
established by this Trust and shall include 'contributions from
Employers, i.nLereit income or return thereon, and any other
property of any kind received and held by the Trustees for the
rises and purposes declared by this Trust .
E. "Fiduciary", except as otherwise provided in ERISA,
shall mtenn u person with respect to the Lund or Plan who
(1 ) Exorcises any discretionary authority or
• discretionary control respecting management of such Fund or Plan
or exerci.sen any authority or control respecting management or
disposition of its assets;
(21 Renders investment advice for a fee or other
compensation, direct or indirect, with respect Lo any money's or
other property of such Fund or Plan, or has any authority or
responsibility to do so, or
(3) This any discretionary authority or discretionary
rosponrsibiiity in the administration of such Fund or Plan.
F, "Trustees" shall mean the Trustees designated in
Article 5 herein, and those who are hereafter appointed pursuant
to thin terms of this Trust. Trustees designated and appointed by
•
3
MAR-14-2007 WED 08:28 AM .AT AND WLCC FAX NO. 8.68610 P. 06
the Chapter as herein defined shall be known as Chapter or
• Employer Trustees, and those designated and appointed by the
Blether.hood shall be known as the Brotherhood or. Union Trustees.
the terms "Board of. Trustees" and "Board" mean the Board
established by Article S of this Agreement and Declaration of
'I'r 1'I. .
C. "Contributions" shall moan payments to the Fund by an
Employer whether pursuant to a Written Agreement as herein
defined or otherwise as herein provided.
H. "Plan" or "Program" or "Apprenticeship Program" or
"Training Program" shall mean any program, arrangement, agreement
or plan and any modification, amendment or renewal of the same,
conforming to such State and Federal standards as may be
.applicable, and which is financially, supported, or maintained by
• the floitd of Trustees in the accomplishment of the purposes of
this Trust: as set forth in Article 4 .
) . "ImISA" shall moan the Employee Retirement Income
Hucnril.y Act of 1974, any rules and regulations promulgated
pursuant thereto, and any amendments thereto from time to time in
J. The term "Party in Interest" means:
( 1) Any Fiduciary (including, but not limited to, any
administrator, officer, trustee, or custodian) , counsel, or
ou1ployr:e of the Fund;
•
4
MAR-14-2007 WED 08:29 AM tliAT AND WLCC FAX NO. 80,8610 P. 07
(2) A person providing services to the Fund;
• (3) An employer, any of whose employees are covered by
chi,ti Find and Plan;
(4) An employee organization, any of whose members are
covered by this Fund and Plan;
(5) A relative of any individual described in
:ubparagrriphs (1) , (2) , (3) , or (4) .
It. "Policy" or "Policies" shall mean any policy or
policies of insurance, including amendments and riders, issued
pur ,;unnt to the Trust and accepted by the Trustees as part of the
Fund.
1,. "Administrative Manager" shall mean the individual,
firm, partnership, or corporation, if any, designated by the
Trustoou to act for the Trustees in ouch matters pertaining to
• the: ad.rIintstrati.on of the Trust Fund as may be authorized by the
Vrust.eio^S.
M. "Administrator", as used herein, shall mean the Board
of Trustees.
N. "Investment Manager" shall mean any Fiduciary who has
buo-u designated by the Trusters to manage, acquire, or dispose of
any assets of the Fund, who is registered as an investment
advisoi: undcur the Investment Advisor's Act of 1940, is a bank as
defined in that Act or an insurance company qualified to perform
services under the laws of more than one state, and who has
acknowledged, in writing, that he is a Fiduciary with respect to
Lh-: Fund and Plan.
•
5
MAR-14-2007 WED 08:29 AM *AT AND WLCO FAX N0. 8468610 P. 08
O. "Written Agreement" shall mean and include:
• (1 ) Any Outside Area Training Agreement by and between
the Western Line Constructors Chapter, NLCA and Signatory Local
Unions of the International ➢rotherhood of Electrical Workers, to
which Employer i;, signatory by virtue of becoming party to any
r;oilcr,t.i.ve bargaining agreement adopting the terms of such
( nit , i.dr• Area Training Agreement;
(2) Any other written agreement providing for Employer
contributions: into this Trust Fund; or
(3) Any extension of, renewal of, or amendment or
nuph.lem :n r. to any of the agreurnents described in (1) and (2) of
this paragraph 0 and which specifically provide for making
cnntrJibntion: .into this Trust Fund.
9
j IZIa 1I
• FUND ESTAE�,Td aVMENT '
A. To establish an Apprenticeship and Training Trust. Fund
(hereinafter called "Trust Fund") to he known as and administered
in the: name of the Mountain States Line Constructors Area Joint
Apprenticeship and Training Trust Fund, formerly known as the
Mountain States Line Constructors Electrical Joint Apprenticeship
and Training' Trust Fund.
U. It in the intention of the parties that the Trust Fund
hereby established shall, be the sole: Trust I+'und for the support
of educational and training programs for electrical apprentices,
journeyman, or other appropriate persons' in the geographic area
covered by the Written Agreement.
• 6
MAR-14-2007 WED 08:29 AN *AT AND WLCC FAX NO, 80,8810 P. 09
AZTK C :.F. i ce.
CONTRTPotTTONS •
A. It shall be the duty of the individual employers to
:omit to the Trustees sums in accordance with the Written
Agreement. The Trust Fund shall he under the duty to collect
contributions from individual employers, shall receive
contributions from the individual employers, and shall deposit
such contributions to the credit: of the Trust Fund. Each Employer
shall pay to the Fund such amounts as are set forth in the
Written Agreement or other Agreement providing for such
contributions, Contributions are due and payable no latex than
15 calendar days following the last day of the month in which the
I.;hcrr. was pes.formed and shall be delinquent if not received in
full on or before that date. Contributions shall be accompanied
• by such reporting form or forms as may be prescribed by the
Cruu to a:; . Contributions are due and payable no later than 15
calendar days following the last day of the month in which the
Labor was performed following the date on which any Employer
subsequently assents to the Written Agreement or any other
ici.r.nement providing for contributions into this nand, unless
otherwise provided in paid Agreement; said period of
contriibuLionm shall include all hours paid through the last day
of the month in which those payroll periods fall, and continuing
aeccirdingiy from month to month. The contributions into the Fund
t,h.4i be due and payable at the depository designated by the
Trustee or as may otherwise be directed by the Trustees .
•
7
MAR-14-2007 WED 08:29 AM •AT AND WLCC FAX NO. 89068610 P. 10
• B. The failure of an Employer to submit such reports in
Lhr•? corm or forms proscribed by the Trustees and/or to pay his
contribution:: as required herein shall constitute a violation of
uch Employer 's obligation hereunder. Non-payment by an Employer
shall not relieve any other Employer of his obligation to make
pcytuiitra of hia required contributions. ' The Trustees may, at
thc.:.ix role discretion, Lake any action 'desirable to enforce
payment of th'• contributions, interest, and/or liquidated damage
assessments duo hereunder, including , the right to sue such
!mpicyer, and the delinquent Employer agrees to reimburse the
Fond for all e>:penses by the Trustees . The failure of an
E'ncployer to make any :such required contributions shall cause him
to he liable to the Fund and to his eligible Employees
• individually for any Benefits under the 'Plan not received by said
Employee by reason of the Employer' s failure to make such
dint rcbution.
C, Delinquent contributions :
(1) For purposes of this Trust, an Employer
contribution shall be deemed to bo delinquent if not received by
the dopns,i.toty bank or such other place as may be otherwise
directed by the t,rustoes on or before the due date as provided
roc in paragraph A above.
(2) In the event an, Employer becomes delinquent in the
payment of required' Employer contributions, he shall pay to the
Tcust Fond all of the following amounts in addition to the amount
• of delinquent Employer contributions duo:
8
MAR-14-2007 WED 08:36 AM Mir AND WLCC FAX NO. 804,8610 P. 02/10
(a) Interest on the amount of Employer
• contrLbuLLons due at the rate determined under subsection (3)
below, from the date on which the Employer contributions became
duo and payable, until the date the Employer contributions are
paid to the Trust. Fund; and
(b) An amount equal to the greater. of: (i) an
amaount equal to the interest payable pursuant to paragraph (a)
(in addition to such interest) , or (ii) liquidated damages in an
amount equal to twenty percent (20%) of the amount of Employer
contributions duo; and
(c) All reasonable attorney' s fees incurred by
the Trust. Fund in connection with the delinquency, whether or
not legal or arbitration proceedings are instituted, plus court
it any.
• (d) The amount specified in paragraphs (a) , (b) ,
and (c) , shall become due and payable to the Trust Fund on the
10th day following the date on which the Administrative Manager
of the Trust Fund, or the Attorney for the Trust Fund mails a
notice of delinquency to the delinquent. Employer. No further
notice of delinquency need be given by the Administrative Manager
orr. Lhn Attorney while the Employer, remains in a delinquent
(e) The Trustees shall have the authority to
waive: all or any part of the liquidated damages or interest for
wood cause shown.
• 9
MAR-14-2007 WED 08:37 AM 1AT AND WLCO FAX NO. 80.8810 P, 03/10
(3) The amount of interest payable under subsection
(L) ( i.) far a calendar month on delinquent Employer contributions
outstanding during that month shall, be one percent (1%) or
enlculrtted at an annual rate equal to the average predominant
prime rate quoted by commercial banks located in Salt Lake City,
Utah, to businesses for the immediately-preceding calendar month,
whichever in greater,
D. Nothing contained herein shall be deemed to authorize
or to prevent economic action by the Union against any Employer
who iss delinquent in the filing of reports and/or in making his
conrr .hutions to the Fund, All such rights of the Union shall he
determined by the provisions of the Written Agreement.
E. All Employers parttcipaLing in or making contributions
• to the Fund shall make such reports and statements to the
Trostoas with respect to the amount and calculation of any and
aLi contributions, or with respect to any other matter pertinent
:o the establishment, maintenance and administration of the Plan
anti liund, As the Trustees may deem necessary and desirable. The
Trustees roay, at reasonable limes and during normal business
hours, cause an nudit or examination by a Certified Public
AC :ounLnnt or other agent of the Trustees of the hooks and
records of an Employer which may be pertinent in connection with
the said contributions, including but not limited to the payroll
o (' a11. c,I Employer' s employees whether or not subject to a
coilentivr bargaining agreement with the 'Union and employees of
• any putative alter ego of Employer, and reports and insofar as
10
MAR-14-2007 WED 08:37 AM Mir AND WLCC FAX NO. 80 8610 P. 04/10
;;.rare may be necessary to accomplish the purpose of this
iilagroom''+nt. Such audit. or examination may be made whether or not
the urnpLoyer has had any previous record of delinquency in filing
ony reports and/or in failing to pay contributions to the Trust
as pLovidod herein. Further, in the event such examination or
audit discloses any delinquency in the filing of any such reports
and/or payments of any such contributions, the Employer shall be
li.trh.l.a tor and shall pay to the Trust the reasonable costs of
such examination or audit in addition to the interest, liquidated
damages, and costs of collection a,r, otherwise herein provided.
F. Failure of any Employer to make prompt payments to the
Fund shall be deemed to he a broach of this Agreement and the
wt:itLen Agreement by the Employer.
U. Upon the failure of any Employer to make the required
• contributions when due hereunder, or to submit reports required
by the rules and regulations, the Board of Trustees may, in its
sole discretion, impose tho obligation upon such Employer to post
r bond in such amount as the Trustees shall deem necessary or
reasonable for the security of future payments .
N. The Fund is established for the support of educational
and training programs for electrical apprentices, journeyman, or
other appropriate persons in the geographic area of any Area
Training Agreement to which the chapter, and the Brotherhood are
signatories . Therefore, Trustees are hereby authorized to accept
contributions from existing funds, if any, which were previously
established for such training purposes, and to deposit such
• 11
MAR-14-2007 WED 08:37 AM M•T AND WLCC FAX NO. 800,8610 P. 05/10
eririf.r ibution3, as well as contributions pursuant to the Written
dim
Ariri;eme:nt, to the credit of this Trust Fund.
I , The Trustees may admit to the membership, of this Trust
and the Program adopted hereunder. additional. Unions,
A brJci.Ations, or. Employers, if, in the Trustees' judgment and
discretion, such admission Lo membership will be of benefit to
the beneficiaries of the Program by making possible increased
economy or efficiency of operation or administration or by making
possible improvements in the loss experience of the Plan, or if
.iL appears that such membership will result in benefit to the
Program in any other manner . All additional Unions, Associations
or Employers admitted into the Pcogram shall agree in writing to
be bound by the terms and provisions of this Trust and to make
such pcaymonLs and contributions as shall be required by the
• Tr.urstoos consistent with the provisions hereof. The said
Acp:eemcnt in writing of. any additional Union, Association or
Employer to he hound by this Trust shall be considered and shall
constitute n re--execution of this Trust fqr, all purposes by all
parties then participating in this Trust .
J. Tf additional Local Unions, Associations, or Employers
ag> ie to be included within the terms and conditions of. this
't'c.ust, they shall execute an agreement in, such form as the
Trustees may require, signifying their acceptance of this Trust
and specifying the date on which contributions and benefits
hereunder„ shall commence.
• 12
MAR-14-2007 WED 08:37 AM N T AND WLCC FAX NO. 80 8610 P. 06/10
ABIrzGJdE_IY
P[JRPnse
• A. The Trust Fund shall be organized exclusively for
educatjonnl purposes within the moaning of Internal Revenue code
Section 501 (c) (3) (or the corresponding section of any future
federal Lax cods.) , and conducted only as a tax-exempt, nonprofit
'find solely and exclusively for the purposes of providing a
program for the training and education ,of. electrical apprentices,
journeymen, or other appropriate persons, and programs in
furtherance thereof and to defray the reasonable expenses of
administering the apprenticeship and training programs
established under the provisions of an Outside Area Training
Agreement or other appropriate agreements, including, but not
limited to, payment of the costs of establishments and
• maintenance of apprenticeship and other training programs
including sufficient personnel, salaries, services, supplies,
facillrtEs (including the leasing or acquisition of real property
and improvements thereon) , tools, equipment, textbooks, and other
.Lnstauctional materials, and such other .items directly related to
the education and training of apprentices, journeyman and other
appropriate persons, as the Area Joint Apprenticeship and
T.rci.rung Committee (hereinafter called the AJATC) established
under an Outside Area Training Agreement or other appropriate
agreements, may deem practicable and desirable .
3. No part of the net earnings of the Trust Fund shall inure
to the bi'.neflt at, or he distributable to' its members, trustees,
oir.iccr.s or other private persons, except the Trust Fund shall be
• 13
MAR-14-2007 WED 08:38 AM •AT AND WLCC FAX NO. 80 8610 P. 07/10
authorized and empowered to pay reasonable compensation for
services rendered as permitted by Article VII hereof, and to make
paymmit;; and distributions in furtherance of section 501 (c) (3)
purposes . No substantial part of the activities of the Trust
Fund nhul.l be tho carrying on of propaganda, or otherwise
at.t.emoLing to influence legislation, and the Trust Fund shall not
participate in, or interline in (including the publishing or
dir3Crihution of statements) any political campaign on behalf of,
oic in opposition to, any candidate for public office.
Notwithstanding any other provision herein, the Trust Fund shall
not carry on any other activities not permitted to be carried on
(i) by an organization exempt from federal income tax under
section 501 (r. ) (3) of the Internal Revenue Code (or corresponding
a' :,
r;er:cton of any future federal Lax code) , or. (ii) by an
• organization, contributions to which arc deductible under section
l70 (c) (2) of the Internal Revenue Code (or corresponding section
of any future federal tax code) .
ABr CLF V
BOARD OF TRUSTEES
A. The Trust Fund shall be controlled and administered by
a Raovd of Trustees (hereinafter called the "Board" or
"Trustees" ) , which shall consist of twelve (12) members, six (6)
appointed in writing by the Chapter and six (6) appointed in
writing by the Brotherhood. Each Trustee. shall be selected from
the marchers of the AJATC, and shall continue to serve as Trustees
only us long a:; he remains a member of said AJATC. The Trustees
appointed by the Chapter shall at all times have six (6) votes,
• 14
MAR-14-2007 WED 08:38 AM MiT AND WLCC FAX NO. 80,8810 P. 08/10
and the Trustees appointed by the Brotherhood shall at all times
• have; six (6) votes, said votes to be allocated equally among the
respective Trustees in attendance. A quorum at meetings shall be
two Tzuc3Lees appointed by the Brotherhood and two Trustees
appointed by the Chapter. Votes may be submitted in writing by
absentee Trur,tees, hut such votes shall not. increase the total
vole of either the Brotherhood or Chapter. Trustees, nor be
counted for the establishing of a quorum at any meeting .
ARTIQT,F. VZ
DISPUTE RfspI,U'PICN
A. Thn Chapter and the Brotherhood may appoint a standing
impartial umpire whose sole duty shall be to decide any and all
issues upon which the Chapter Trustees and the Brotherhood
'Irusstoes are dead.locked. The decision of such impartial umpire
• shrcal ho final and binding upon any and all issues . All
expenses, if any, incurred in the employment of such impartial
umpire shall be an administrative expense of. ,this Trust Fund.
c:acli and every such standing impartial umpire, if any, shall be
appointed jointly by the Chapter and the Brotherhood and written
notice o1: nach such appointment, signed by the Chapter and the
Brotherhood, shall be promptly submitted to the Trustees . In the
event there .is a deadlock and there is no such standing impartial
umpire, the Employer Trustees and the Brotherhood Trustees shall
choose an arbitrator through the• ausp.i.ces and rules of the
American Arbitration Association. A decision of said arbitrator
shall be final and binding upon the Trustees; the expenses of
said arbitration shall he borne by the Trust Fund.
• 15
MAR-14-2007 WED 08:38 AM MOT AND WLCC FAX NO, 80 8610 P. 09/10
ARTICLE VII
T'RCISTEE CCM,4ENSATI.QN
A. A Trustee may receive reasonable compensation for
services rendered, or for the reimbursement of expenses properly
and Actually incurred, in the performance of his duties with the
t.ruat Fund; except; that no trustee r,o serving who already
receive full-time pay from an employer br an association of
e:mpiuyer;s, whose employees are covered by the apprenticeship and
training program, or from the Brotherhood shall receive
compensation from the Trust Fund, except for reimbursement of
expenses properly and actually incurred. Any such payments shall
be nn enxpen:,R of the administration of the Trust Fund.
A)2,T_ICT E VIII
TRUS1;__EUNDS
A. Any and all monies received .by the Trustees hereunder
• shall be clepcsited in the name of this Trust Fund in such hank or
banks as the Trustees may agree upon. Any and all withdrawals of
rr.cnies from :,uch account or accounts shall be by check bearing
chi! signature of ono (1) Chapter Trustee and one (1) Brotherhood
Trustee, except as provided in Section .C.
B. The Chapter Trustees shall designate in writing the
name or names or the Chapter Trustees who are authorized to sign
chocks in the manner above stated. The Brotherhood Trustees
shall designate the name or names of the Brotherhood Trustees who
are authorized to sign checks in the manner above stated. The
iirnrrs of Trustees shall furnish notice to the bank or banks in
which c;ray account or accounts are maintained in the name of this
• 16
MAR-14-2007 WED 08:39 AM MCAT AND WLCC FAX NO. 804,8810 P. 10/10
Trust: Fund, giving the names and specimen signatures of the
Trust.oes who are authorized to sign checks which are drawn on
such account or. accounts ,
C. The Board may authorize an employee to sign checks
drawn on an account or accounts deposited in a bank or banks in
the name of this Trust Fund. In all such instances the bonding
provisions of Article X, Section A, Subsection 13 and notice
provisions of Section B of this Article shall apply to an
employee so designated, and in addition any check drawn by such
employee must be signed by one (1) of the Trustees designated in
accordance with the provisions of Section R of this Article.
ARII!'L, _IA
TRUSTFF_.LTAR[LITY
A. No Trustee or fiduciary shall be liable or responsible
• [or hi * own acts or nor -action or for any acts or defaults of any
other fiduciary or party in interest or any other person except
to the extent Liability is imposed by ERISA, The Trustees and
f.iducidt ies, to the extent permitted by ERISA, shall incur no
liability in 'Acting upon any instrument, application, notice,
request:, signed Letter, telegram or •othei paper or document
l _lLeved by them to he 'genuine and to contain a true statement of
feast and to be signed by the proper person. The Trustees and
ILduclaries may from time Lo time consult with the. Trust Fund' s
:lur)al counsel, accountant, investment manager; investment
consultant, and any other professionals; to the extent permitted
by G:HISA, the Trustees and fiduciaries shall not be held liable
for their reasonable and good-faith reliance 'upon the advice of
• 17
MAR-14-2007 WED 08:31 AM f AT AND WLCC FAX NO, 8,68610 P. 02/10
such professionals . To the extent permitted by ERISA, no Trustee
• or fiduciary shall in any way be liable or responsible for
anytliLug done or committed in the administration of the Trust
Cund prior to the date he became a Trustee or fiduciary or
subsequvlrrt: to his service as such. To the extent permitted by
£l']SA., no Trustee or fiduciary shall be ,personally liable for any
liabilities or debts of the Trust Fund, nor for the inability of
the.: Trust Fund to fulfill any contract or obligation. All
liabilities ,and obligations of the 'lrust ,Fund shall be paid by
the Trust Fund itself.
Moir . X
cl N RAT; PROVTpION3 APPLICABLE TO TRusuLa
A[Vjl 1]o ulf ANp numlLs OF TRUSTER
A. The Trustees shall have such expressed and implied
powers as may be necessary to carry out the purposes of this
• 'rru -,t and to discharge their obligations as Trustees hereunder.
Such powers shall include, but not be limited to, the following:
(1) To collect, demand, receive, hold, and administer
contributions from employers and other monies due under this
Trusi and payable to the Fund, to pay or Lo provide for payment
of ail reasonable. and necessary expenses of collecting amounts
due from Employers and administering the affairs of the Fund,
including, but not limited to, the employment of or contracting
with executive, administrative, legal, consulting, accounting,
auditing, secretarial, expert clerical personnel, and other
ewp.ioynes and assistants, the designation and use of a depository
bank, the purchase or lease of premises and materials, supplies
• 18
MAR-14-2007 WED 08:32 AM •AT AND WLCC FAX NO. 8,68610 P. 03/10
(And equipment, all as the Trustees, in their sole discretion, may
• Lind necessary or appropriate to the performance of their duties
and the sound and efficient administration of. the Fund.
(2) To adopt and give effect to a written Program and
Standntds providing for apprenticeship and other training,
eligibility, contributions and payments for the procuring of
t.r;,aninq and to amend, alter, or otherwise change the Program
tram Liur^. to Lime, provided that the same shall conform to the
provisions of thin Trust and all applicable laws and governmental
regulations . To pay out of the Fund such sums as may be
necessary for the purpose of providing said Program and
administering the Trust Fund, including costs incurred in
establishing and maintaining the Trust Fund and applicable taxes
imposed upon the Trust Fund, and to contest the validity of any
.
t,ax, levy, assessments, claim or, demand, which may be levied or
made against the Trust Fund.
(3) To invest and reinvest the assets of. the Fund in
compliance with the provisions of RRISg1. It shall have exclusive
,.uiuhnr:iPy and discretion to manage and to control the assets of
the Trust Fund except to the extent that such authority to
manage, acquire, or dispose of the assets of the Trust Fund is
delegated to one or more investment managers. The Trustees are
hereby empowered to appoint an investment manager or managers to
m.Anuge, acquire, or dispose of any assets of the Fund. Such aP
investment manager may or may not be designated a "Corporate
Trustee" or. "Corporate Agent" . An investment manager is any
• 19
MAR-14-2007 WED 08:32 AM t AT AND WLCC FAX NO. 80068610 P. 04/10
Fiduciary who has been designated by the Trustees to manage,
acquire, or dispose of any assets of the Fund, who is registered
a,; an investment adviser under. the Investment Advisers' Act of
1,840, rs e bank as defined in that Act, or is an insurance
company qualified to perform services under the laws of more
than one state, and who has acknowledged in writing that he is a
Fiduciary with respect to the Fund and Plan.
(4) To originate and maintain any and all actions or
legal proceedings which may be deemed necessary for the
protection or the fund or the Trustees, or to secure the payment
of Employer contributions Lo the Fund, or to secure the benefits
contemplated hereby in connection therewith, to compromise,
nettle, or release claims on behnl.f: of or against the Fund or. the
Trustees on such terms as the Trustees, in their sole discretion,
• may deem advisable or desirable; to construe the provisions
hr'reo1 and of the Program; and any rules or regulations adopted
by the Trustees and any such construction thereof adopted in good
la,i.th by the Trustees shall be binding upon all of the parties
h,;1',;lr;, and beneficiaries hereof.
(5) To formulate, change and promulgate such rules or
regulations not inconsistent with this Trust and applicable
i.eder.al law, together with the rules and regulations promulgated
LThreundc.r. , as the Trustees deem necessary or desirable to
facilitate tho proper administration of the Fund, including, but
not. limited co, provisions regarding the time and call for
rnc,teaas ' meeting, a depository for Employers' payments, the kind
• 20
MAR-14-2007 WED 08:32 AM *AT AND WL0C FAX Na 80 8610 P. 05/10
of Program, contributions by others including Employers and
• Un,irsn, and to establish the basis of eligibility for benefits .
(6) To delegate such of its ministerial powers and
duties to individual Trustees or Committees of Trustees or to
such servants, agents, or employees of the Trustees as may, in
the opinion of the Trustees, be desirable .
(7) To provide for the administration, in whole or in
part, ol` the benefits hereunder, joint) y with, or in cooperation
with, other, joint Trusts established for similar purposes in
order to reduce the expense of administration.
(0) To keep true and accurate books of accounts and
records of all such transactions,
(0) To cause to be made an annual audit of the Fund at
the end of each fiscal year, which shall be December 31, by an
• Independent Certified Public Accountant selected by the Trustees;
,I,ld to cause to be delivered to each Trustee a copy of such
annsaa.i report and to make available for inspection said annual
report by interested persons at the principal office of the k'und
and at such other place as the Trustees may designate . In their
discretion, the Trustees may provide for more frequent audits and
m.8y also furnish to the Association, the Employers, and the
Union, periodic reports regarding Lhe status and operation of the
rued .
(10) To allocate Fiduciary responsibilities among the
Trustees and to designate persons other than Trustees to carry
out Fiduciary responsibilities as provided in this Agreement and
• 21
MAR-14-2007 WED 08:33 AM < AT AND WLCC FAX NO. 80068610 P. 06/10
(ksr1itat.i.on of Trust. The power to allocate Fiduciary
• responsibility shall not apply to the allocation of the
responsibility to manage the assets of the Fund other than the
p.:;wer. 10 appoint am investment manager or managers .
(17 ) To do all acts whether or not expressly authorized
herein, which the Board, in its discretion, may deem necessary to
as:&:omplish the general objectives of maintaining the Program
solely in the interests of the participants and beneficiaries for
the exelu:;i.ve purposes as set forth in Article IV.
(12) To authorize the purchase of insurance for
themselves collectively and/or individually and for any other
fiduciary employed by the Trustees to cover liability or losses
occurring by reason of the act or omission of a fiduciary as
rrqui rod of authorized by applicable state and federal law, and
• tho rules and regulations promulgated thereunder.
(13) The Board shall immediately procure and cause to
tsrnred fidelity bonds for all Trustees and other, persons who
shall handle funds or other property of the Fund in such amounts
nnri with such qualified companies, all as defined and required by
nppJ.i.c:ablo federal law and the rules and regulations promulgated
thereunder. The cost of the premiums on bonding shall be an
Tri1rt Fund_
•
MAR-14-2007 WED 08:33 AM •AT AND WLCC FAX NO. 80 8610 F. 06/10
DoclatA ion of Trust . The power to allocate Fiduciary
responsibility shall not apply to the allocation of the
•
responsibility to manage the assets of the Fund other than the
p;;we.r. to appoint an investment manager or managers.
(13 ) To do all acta whether or not expressly authorized
herein, which the Board, in its discretion, may deem necessary to
acc:ompli.sh the general objectives of maintaining the Program
uoiely in the interests of the participants and beneficiaries for
the exclusive purposes as set forth in Article IV.
(12) To authorize the purchase Of insurance for
themselves collectively and/or individually and for any other
fiduciary employed by the Trustees to cover liability or losses
oceurri.nq by reason of the act or omission of a fiduciary as
required or authorized by applicable state and federal law, and
• the rules and regulations promulgated thereunder.
(13) The Board shall immediately procure and cause to
be issued fidelity bonds for. all Trustees and other persons who
shall handle funds or other property of the Fund in such amounts
And with such qualified companies, all as defined and required by
nl)pl.i.crible federal law and the rules and regulations promulgated
thwr.eunder. The cost of the premiums on bonding shall be an
Administrative expense of this Trust Fund.
B. To return to Employers any contributions made by a
tnistoko of fact or .law provided that the return thereof shall he
tilde within six (6) months after the Administrative Manager or
the Trutteer, determine that the contribution was made by mistake ,
• 22
MAR-14-2007 WED 08:33 AM •AT AND WLCC FAX NO, 80 68610 P. 07/10
'Chi.:e exception does not apply to payments made under a mistake
rNi,ii..inq to whether the plan was qualified.
C. Thu Trustees may do all things, execute all instruments
and enter. into all agreements and transactions as are reasonable,
desirable or necessary to execute the specific powers sot forth
h<:ie:in and to facilitate the general purposes of this Trust.
D. Any successes: Trustee appointed in accordance with the
provisions hereof, shall, upon acceptance in writing of this
Ttusl, be voseed with all the property, rights, powers, duties
and immunities of predecessors . The Trustees shall immediately
noLify any insurance carrier or governmental agency as may be
required of such appointment. Any Trustee who resigns or who is
removed from office shall forthwith turn over to the Chairman or
^ecrcetnry of the Trustees, at the principal office of the Fund,
• any and all records, books, documents, monies, and all other
pEcpc:avty in his possession or under his control which belong to
the Fund or which were received by him in his capacity as such
Ttust..::u and shat 1 receive a receipt therefor.
E. Al .). questions on controversies, of whatever character
.,eireing in any manner or between any parties or persons in
connection with the Trust Fund or the operation thereof, whether
as to any claim for any benefits preferred by any participant,
beneficiary or, any other person, or whether as to the
construction of the language or meaning of the rules and
requl.ati.ons adopted by the Trustees or by this instrument or as
to any writing, decision, instrument or accounts in connection
• 23
MAR-14-2007 WED 08:33 AM OAT AND WLCC FAX NO. 8068610 P. 08/10
with the operation of the Trust Fund or otherwise, shall he
• suhmi . L4d to the Trustees, or in the case of questions related to
claims for benefits, to an appeals or review committee, if one
has been appointed, or the A.JATC and the decision of the
Trusters, the appeals or review committee or the ALTATC shall be
binding upon all persons dealing with the Trust: Fund or claiming
be:refi is thereunder .
F. The Trustees may, in their sole discretion, enter into
suL:h rc;ciproctty agreement or agreements with other
Apprenticeship and/or Training Funds, as they determine to be in
the )brat: interest of the Trust Fund, provided that such
reciprocity agreement or agreements shall not be inconsistent
with the educational purposes and terms of this Agreement or the
• WL.itte.n Agreements under which this Agreement is maintained.
C. The Trustees may employ or contract for the services of
an individual, firm, or corporation, to be known as the
°Adlmin,i.strative Manager", who shill, under the direction of the
Trustees or under the direction of any appropriate committee of
th6 Trustees, administer the office or offices of the Trust Fund
and of the Trustees, coordinate and administer the accounting,
hook-keeping and clerical services, provide for the coordination
of yc.r.vices furnished by the consultant, prepare (in cooperation
whc :e appropriate with the consultant and independent auditor)
all reports and other documents to be prepared, filed, or
disseminated by of on behalf of the Trust Fund in accordance with
• asaist in the collection of contributions required to be
24
vw. .. s L,•asp sJ.w/.Mw:In.W.�+•••••�•••�.""+xus.wn#e. *W •• ••
MAR-14-2007 WED 08:33 AM Mir AND WLCC FAX NO. 804,8810 P. 09/10
p..ilri to the Trust Fund by Employers and perform such other duties
• and furnish such other services as may he assigned, delegated or
directed or as may be contracted by or on behalf of the Trustees.
The Administrative Manager shall be the custodian on behalf of
the Trustees of all documents and other records of the Trustees
and of the Trust ?and.
It , The Trustees are empowered to develop and implement
programs, such as a scholarship loan program, to protect and
preserve Trust Fund assets, and to prevent unnecessary
e iwendi.tures, including specifically, expenditures to train
individuals who are working in the outside electrical industry
but. not ,for Employers who have an obligation to contribute to
this Trust @und or another. AJATC sponsored by, or affiliated with
a Local Union of the Brotherhood and Chapter. To the extent
• that, the Trustees have trained an individual who is working in
the outside electrical industry but the employment does not
result in contributions to this Trust Fund or another AJATC
;,ponnr>red by, or affiliated with a Local Union of the Brotherhood
and Chapter, and the Trustees have in their discretion
established such programs, such as a scholarship loan program,
the Trustees sh,a.11 attempt to recover from such individuals, the
cost of providing the training or materials furnished by the
Fund. The Trustees are authorized to do or take all acts as
they, in their discretion, may deem necessary or advisable to
develop such r.3asonable programs, rules and regulations to
implement their authority as granted in this Trust Agreement.
• 25
MAR-14-2007 WED 08:34 AM •AT AND WL00 FAX NO, 80 88610 P. 10/10
ART�CL��
• Tgpst AMSUMIL 'S
A, This Trust Fund Agreement_ may be amended at any time by
n,urual consent of the Chapter and the Brotherhood, but no
amendment: shall be made which will in any manner divert the Trust
Fund an then constituted to any purpose other than as
cc?ntempldted herein, or in any manner which will conflict with
eppi..icable legislation covering such funds .
ARTICLE XT.
SAVINGS _PROVISION
A. It is the intention of the parties to conduct all of
the affairs of this Trust Fund Agreement in accordance with all
applicable legislation . However, in the event that any of the
provisions of this. Trust Fund Agreement is held to be illegal or
invat.id for any reason by a court of competent jurisdiction such
• illegality or invalidity shall not affect the remaining
f,i_ovi.cd ons of the agreement unless such illegality or invalidity
prevnts the accomplishment of the purposes and objectives of
the TiLI ,l_ L1u•Ld Agreement.
nYF'JIC111_iT1F, LAW
A. QuesLiona pertaining to the validity and construction
of this Trust Agreement shall be determined in accordance with
the laws of the State of Utah, except as ,to matters governed by
Fedc'tal law.
• 26
MAR-14-2007 WED 08;35 AM MOT AND WLOO FAX NO. 80,8810 P. 02/04
ART1O,,1, rx
TRusT nBRATIoN• 11. This Trust Fund Agreement shall continue in effect for
the pc-n;iod provided for in the current and any subsequent Written
ngluement, and for the period of any renewal, or extension
thereof . In the event of termination of the Written Agreement,
the Trustees shall pay all of the indebtedness of the Trust Fund
and t•hal. l use all of the remaining monies in the Trust Fund, if
any, for the continuance of apprenticeship and other educational
programa then operating and of the type herein contemplated,
(within The moaning of Internal Revenue Code section 501 (c) (3)
(or corresponding section of any future federal tax code) ) , under
l.hc guidance of the AJATC, until such remaining monies have been
exhausted. However, if contributions under any collective
• bargaining agreement deemed appropriate by the Brotherhood shall
cnnL.ini.ie, the Trust Fund shall continue apprenticeship and other
educational programs as appropriate (within the meaning of
internal Revenue Code section 501 (c) (3) (or corresponding section
n1 any future federal tax code) ) , with the Brotherhood appointed
Trustees and such management Trustees as have been serving and/or
such successor management Trustees as may be appointed by the
employer or employers who continue to contribute to this Trust
Fund. In the event of termination of this Trust Fund, the
TrLA.steos -;hall pay all of the indebtedness of this Trust. Fund and
shaii distribute all of the remaining assets in the Trust Fund
Lor t,r.prenticeship and other educational purposes, within the
mo.inincl of Internal Revenue Code section 501 (c) (3) (or
• corresponding section of any future federal tax code) ,
27
MAR-14-2007 WED 08:35 AN ,AT AND WLCC FAX NO. 8.68610 P. 03/04
IN W1TNiiS,; WHEREOF, the Chapter and the L3r.otherhood have
I , 1
c::;c:c.,l,l-ec1 lYli.s document this 23rd day of July 20c}2.
SIGNED FOR THE CHAPTER
i� }
Q4..-.---- .#3=1---''....-'---- -'.-----
i;0k: I3r [scue, l'residerdt 11- • Weaver, Managor
' 1,u/L31O t�
{.(,tun FOR THE fROTJJERNOon
"(LA9 /11— , _.2.1,„.-6...._,.... „....,.7...i,.....................
konort: (;rinst.e.rtd, :MEW LU 12 Don Hendrickson, :MEW .t.0 44
r' '.,t �'...,;.`•-• _�_02 , _.� Dato "C) 7..-�J�-.
•
) yioic 'N.cdson, IDI~W LU 57;,2,2: 1:-.. 7::/..-le-eZ- --.. +
--
Robort Mason, 11 WW LU 111
I>,t c:i.....,....._./ ',_7 7'._` - Data \z.\\:, 1.--•( ._._ . ------<.-;------
1,%/�'4 5'44 x.1(1a./.- ) pc..ei��Pt—._ __.
:l i.s1i 1. 1. Johnso�i, TBEW LU 1] 3 Aaron White, BEW LU 291
17..,i.c/0 -.2-/! Z::..»�. . Dat;o . /U /7 4.2_
/ di.
Vi::',(..6T1h6.' Morgan, It3E W LU 322 Robert Chandler, IBL'W LU 449
Ucit'.e___.(a- Z ,4-z.�__.._,..�_ pate ~7f ':a-
0
2$
MAR-14-2007 WED 08:35 AN •AT AND WL00 FAX NO. 80 8610 P. 04/04
Dori ficr;:.? , ti Id (ijD 532 (Lc ry T y. e BP,, LU 768
•
Date
Ynui Crivint:.igh, .1.s M LO 969 T1L,W Local
I)aI +,_.. lsi(fj (91. Date
•
•
29
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
• REVIEW (USR) QUESTIONNAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with"not applicable",with an explanation as to why the question is not applicable.
1. Explain, in detail, the proposed use of the property.
The property will be utilized for an electrical lineman apprenticeship trade school. Apprenticeship classes will
be held from 8 to 5 on Saturdays and Sundays throughout the year. Classes are completed over three
weekends and sometimes four per month,the frequency is based on needs of the students.The property will
be utilized for pasturing of cattle during the week or weekends whenever the facility is not being used for
training.Three, 1800 square foot block and tied modular buildings will be utilized for office/class rooms. A 2400
square foot building will be constructed for storage and may be used for additional class room space in the
future. Up to forty poles, constructed out of wood or steel,will be erected for training purposes with the tallest
pole being 60 feet in height. Well and septic will provide water and sewer for the facility.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22(Comprehensive
Plan).
Section 22-2-170.B C.Goal.2 —Encourage the expansion and diversification of the commercial economic base.
Section 22-2-170.C. C.Goal.3—Address the compatibility of commercial land uses with adjacent land uses.
Section 22-2-170.C.C.Goal.3.2.C.Policy.3.2—New commercial development should demonstrate compatibility
with existing surrounding land use in terms of general use, building height,scale,density traffic,dust and noise.
The trade school will provide diversification to the commercial economic base as there are not many facilities of
• this type in Weld County. The use will be compatible with adjacent land uses due to the limited hours classes
will be held and the use of the site for cattle grazing during off times. The proposed buildings will be
comparable in size to residences and will not detract from the area. There will be a limited amount of traffic
based on class size.
This proposal is consistent with the Comprehensive Plan as described in the goals and policies outlined above.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23(Zoning)and the
zone district in which it is located.
Section 23-3-40.V of the Weld County Code allows uses similar to the uses listed as long as the use complies with
the general intent of the Agricultural Zone District. Section 23-3-40.E.2 allows private schools as a Use by
Special Review in the Agricultural Zone District. A trade school is similar to a private school which meets the
intent of Section 23-3-40.V.The proposed use is consistent with the intent of the A(Agricultural)Zone District.
4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with
surrounding land uses.
East— Vacant— 114 acre parcel
West—Rural Residence—59 acre parcel
North—Vacant—70 acre parcel
South—Rural Residence—30 acre parcel (Adams County, DIA Noise Overlay)
The proposed use is consistent and compatible with surrounding land uses,which are comprised primarily of
pastureland. The DIA noise overlay is located directly south of WCR 2, the overlay limits the construction of
new residences. One of the flight paths for DIA is directly over the applicants parcel.
• 5. Describe, in detail, the following:
a. How many people will use this site?
There will be up to 70 people in a class plus one full-time instructor. Two or more part-time instructors
may be required depending on the size of the class. Only one class is in session at a time.
• b. How many employees are proposed to be employed at this site?
One full time instructor will be onsite when class is in session and two or more part time instructors,
depending on the class size.
c. What are the hours of operation?
Classes are held from 8 to 5 on Saturdays and Sundays. Classes are completed over three or four
weekends and the frequency is based on needs of the students. Some months may have fewer
classes.
d. What type and how many structures will be erected (built) on this site?
Three, 1800 square foot block and tied modulars will be utilized for an office and class room. A 2400
square foot building will be constructed for storage and may be used for additional class room space
in the future. Up to sixty poles will be erected for training purposes. The tallest pole would be 60 feet
in height. The poles will be constructed out of wood or steel. Wood poles will be buried and tapped in
as they have to be changed out every 3 to 5 years due to wear and tear. The steel poles would be
cemented in.
e. What type and how many animals, if any, will be on this site?
When classes are not in session the property will be utilized for pasturing of cattle. There will be a
lease between Don Sack and the applicant to allow access to the site.
f. What kind (type, size, weight)of vehicles will access this site and how often?
• Passenger type vehicles will access the site during class sessions.
g. Who will provide fire protection to the site?
Hudson Fire Protection District
h. What is the water source on the property? (Both domestic and irrigation).
A well will be applied for through the State Division of Water Resources.
What is the sewage disposal system on the property? (Existing and proposed).
An individual sewage disposal system will be constructed in accordance with all applicable codes.
j. If storage or warehousing is proposed, what type of items will be stored?
There will be no storage or warehousing on the site.
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape
plan map as part of the application submittal.
No landscaping is proposed, as the facility will be used for grazing of cattle when classes are not in session.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs.
Should the facility be permanently discontinued it would be marketed under applicable county planning
• and zoning regulations to its greatest and best use.
8. Explain how the storm water drainage will be handled on the site.
See attached drainage information.
• 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
Construction of the facility is anticipated immediately upon approval of this application. It will take
approximately 6 months to complete construction. No landscaping is proposed due to the use of the property
for pasturing of cattle when classes are not in session.
10. Explain where storage and/or stockpile of wastes will occur on this site.
There will not be any storage of or waste generated from this site.
•
•
• • Page 1 of
Jacqueline Hatch
�F om: Lauren Light [lauren.light@ttrmc.com]
t: Friday, May 04, 2007 11:27 AM
To: Jacqueline Hatch
Subject: FW: FW: Mountain States application
The number below is from the applicant. Have a happy day
Lauren Light I Project Manager7Senior Planner
Mohr 303772.5282 I Fax: 3:03/72.7039
u.(F:11.i J titt9t1iburns.Soul
Tetra Tech 1 infrastructure soup
190a South Sunset Street, Suite t Lcrgmn t CO 90591 yuvrypietratriciacom
PLEAS. NOTE: This message.it ii.i..ina any atiaohments.may r .Iude i .:ud,confidential andiar s,ie rotor nation-Any distribution,r utte at tuts
c cut IMUrlirtatiOli ,y a1 yen other ittati tt e intended recipient tit strictly a t..and r1 .t be unimietti1 1 you are not the Mended recipient, it ca„r not ty tee
sender cy r p ying to this message and Peen d ,ems.it from your system
From: Mark Sterkel [mailto:MSterkel@myrgroup.com]
Sent: Friday, May 04, 2007 11:07 AM
To: Lauren Light
Subject: Re: FW: Mountain States application
Lauren,
10 cows with calves. Angus.
ID
From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us]
Sent: Friday, May 04, 2007 8:08 AM
To: Lauren Light
Subject: Mountain States application
Lauren
Good morning.
I'm setting up the Mountain States application and it says in the application that they will graze cattle also
on site. How many heads of cattle are they proposing? And what type of cattle?
Thanks!
Jacqueline
Jacqueline Hatch
Weld County Department of Planning Services
4209 County Road 24.5
Longmont CO 80504
Phone: 720-652-4210 ext 8730
Fax: 720-652-4211
•
05/04/2007
0 TETRA TECH, INC.
March 15, 2007
Weld County Public Works
Engineering Division
1111 H Street
Greeley, CO 80632
RE: Mountain States Linesman Apprenticeship Facility Drainage Letter
Dear Engineering Division:
This letter is being provided to describe the drainage at the proposed Mountain States Linesman
Apprenticeship Facility. The site is 12.8 acres in size more or less. It is located in the southwest portion
of the southeast Y of Section 32, Township 1 North, Range 65 West of the 6th Principal Meridian. The
site is bound by Baseline Road (WCR 2) to the south and the Little Burlington Ditch to the east. There
is a home site located west of the site. The remaining surrounding land use is characterized as pasture
lands to the north and east.
The existing site consists of a large pasture. The site generally drains from west to east. A culvert
underneath Baseline Road discharges into a lowland area that crosses the southwest corner of the
•
property. The ultimate receiving water for this site is a small pond located approximately 500 feet to the
west of the site.
The proposed site contains a small gravel parking area(approximately 1.25 acres) with four classroom
building located in the southeast corner of the site. The remainder of the site will be used for a pole yard
training yard. The pole yard training yard will remain in pasture. When classes are not being
conducted, then cattle will continue to graze in this area.
After a site inspection and looking at the proposed use for this facility, no additional drainage
improvements are recommended due to the insignificant change of imperviousness for the site.
In conclusion, the existing drainage system for Mountain States Linesman Apprenticeship Facility will
be sufficient for the proposed use. The proposed development plan will not adversely affect the existing
drainage facilities or drainage patterns surrounding the site.
Thank you for your consideration. Please call me if you have any questions.
Sincerely,
ocomTETRA TECH RMC, Q�00„��re\
/ o‘,.41STFNFo ecp 8
• Sia`C_ 40225 TIE v
Sarah Foster, P.E. VA
Project Engineer Q� •. •
6IVAL ' Tel Fax
H.\5259_001.00\Drainage letter.doc
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File# Date:April 26, 2007
E#:
IpPher Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497
1. Applicant Name: Mountain States Lineman Apprenticeship Program c/o Mark Sterkel Phone: 303-227-4811
Address: 12150 E. 112`h Ave. City Henderson State CO Zip 80640
2. Address or Location of Access1/2 mile east of WCR 39 and WCR 2
Section32 Township 1N Range 65W Subdivision Block Lot
Weld County Road #: 2 Side of Road North Distance from nearest intersection1/2 mile
3. Is there an existing access(es)to the property: Yes XNo_#of Accesses one
4. Proposed Use:
Z Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ® Other Use-by-Special Review
for Electrical Lineman Apprenticeship Trade School.
*********_*********************************************************************************************************************************
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil &Gas
R. = Ditch Road
= House
= Shed
= Proposed Access
♦ = Existing Access
4L
U
NT wcRa
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
O Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
I
Hello