HomeMy WebLinkAbout05/26/2022 - Building Review Commission - AGENDA - Regular MeetingPage 1
Alan Cram, Chair Location:
Tim Johnson, Vice Chair This meeting will be held in-person
Shaun Moscrip and remotely via Zoom
Eric Richards
Mark Teplitsky Staff Liaison:
Vacant Seat Marcus Coldiron
Vacant Seat Chief Building Official
MAY 26, 2022
9:00 AM
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will
make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Building Review Commission
Pursuant to City Council Ordinance 079, 2020, a determination has been made by the Chair after consultation with the City
staff liaison that conducting the hearing using remote technology would be prudent.
This remote Building Review Commission meeting will be available to attend in-person, online via Zoom or by phone. No Board
members may attend in person. The meeting will be available to join beginning at 8:30 a.m. Participants should try to join at least 15
minutes prior to the 9:00 a.m.. start time.
ONLINE PUBLIC PARTICIPATION:
• You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at
https://fcgov.zoom.us/j/92888094308. (Using earphones with a microphone will greatly improve your audio). Keep yourself on muted
status.
• For public comments, the Chair will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time.
Staff will moderate the Zoom session to ensure all participants have an opportunity to comment.
PUBLIC PARTICIPATION BY PHONE:
• Please dial 253-215-8782 and enter Webinar ID 928 8809 4308. Keep yourself on muted status.
• For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone participants will
need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the
Board. When you are called, hit *6 to unmute yourself.
IF YOU ARE UNABLE TO PARTICIPATE ONLINE OR BY PHONE:
Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone may:
1) Email comments to abrennan@fcgov.com at least 24 hours prior to the meeting. If your comments are specific to any of the
discussion items on the agenda, please indicate that in the subject line of your email. Staff will ensure your comments are
provided to the Board.
2) Come in person to 281 N. College Avenue to utilize City technology to participate in the meeting. Please arrive 15 minutes prior
to the meeting and ring the doorbell at the north entrance so that staff may escort you into the building. Masks and social
distancing will be required. To participate this way, it is strongly recommended that you contact us at least 24 hours prior to the
meeting so that arrangements for proper social distancing and appropriate technology can be put in place to protect the health
and safety of the public and staff. Contact Aubrie Brennan at abrennan@fcgov.com or 970-416-4390.
Documents to Share: Any document or presentation a member of the public wishes to provide to the Board for its consideration must
be emailed to abrennan@fcgov.com at least 24 hours before the meeting.
Packet Pg. 1
Page 2
• CALL TO ORDER
• ROLL CALL
• AGENDA REVIEW
• PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
• DISCUSSION AGENDA
1. MINUTES OF APRIL 28, 2022
The purpose of this item is to consider approval of the minutes from the April 28, 2022 regular
meeting of the Building Review Commission.
2. ADOPTING BUILDING REVIEW COMMISSION (“BRC”) AND FIRE BOARD OF APPEALS (“FBA”)
OPERATIONS AND PROCEDURES
DESCRIPTION:
In accordance with Chapter 9, Article I of the City Code and Section 109.1 of
the 2018 International Fire Code, as amended and adopted by the City of Fort
Collins, the members of the Building Review Commission constitute the Fire
Board of Appeals. Section 109.1 of the City's Fire Code, as amended, provides
that "all processes and procedures for an appeal shall be as stipulated in the
International Building Code, Section 113 as amended and adopted by the City
of Fort Collins."
STAFF:
Aaron Guin, Assistant City Attorney
3. FINESSE FOODS, LLC dba WOK AND ROLL APPEAL
DESCRIPTION: Mr. Steve Lesondak, owner of the Wok and Roll Restaurant (“Restaurant”),
has filed an appeal with the Building Review Commission (“BRC”) to review
the Fire Code Compliance Division’s interpretation and enforcement of the fire
code at the Restaurant, including its determination that there are unapproved
conditions in the commercial kitchen, hazardous cooking operations, and an
unapproved lower-level dining space.
STAFF:
Kelley B. Duke, Esq., Ireland Stapleton Pryor & Pasco, PC, for and with
Poudre Fire Authority
Kevin Sullivan, Assistant Fire Marshall, Poudre Fire Authority
Steve Christen, Assistant Fire Marshall, Poudre Fire Authority
APPELLANT: Gregory S. Bell, Esq., Bell Gould Linder & Scott, P.C., for and with Finesse
Foods, LLC dba Wok and Roll
Fred S. Long, Esq., Bell Gould Linder & Scott, P.C., for and with Finesse
Foods, LLC dba Wok and Roll
Steve Lesondak, Appellant
• OTHER BUSINESS
• ADJOURNMENT
Packet Pg. 2
Date:
Roll Call Johnson Moscrip Richards Teplitsky Vacant
Seat
Vacant
Seat Cram Vote
Present Present Present Present Present 5 Present
1 – MINUTES OF APRIL 28, 2022 Vacant
Seat Moscrip Teplitsky Vacant
Seat Richards Johnson Cram
Yes Yes Yes Yes Yes 5 Yes
2 - ADOPTING BRC AND FIRE BOARD OF APPEALS
OPERATIONS AND PROCEDURES Teplitsky Richards Johnson Vacant
Seat
Vacant
Seat Moscrip Cram
Yes Yes Yes Yes Yes 5 Yes
3 - FINESSE FOODS, LLC dba WOK AND ROLL
APPEAL Moscrip Vacant
Seat Johnson Teplitsky Richards Vacant
Seat Cram
No Yes Yes Yes Yes 4 Yes, 1 No
Roll Call & Voting Record
Building Review Commission
5/26/2022
----
----
----
----
Agenda Item 1
Item 1, Page 1
AGENDA ITEM SUMMARY MAY 26, 2022
Building Review Commission
STAFF
Aubrie Brennan, Administrative Assistant
Melissa Matsunaka, Administrative Assistant
SUBJECT
CONSIDERATION AND APPROVAL OF THE MINUTES OF THE APRIL 28, 2022 BRC MEETING
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the April 28, 2022 meeting of the Building Review
Commission.
ATTACHMENTS
1. BRC April 28, 2022 Minutes – DRAFT
Packet Pg. 3
City of Fort Collins Page 1 April 28, 2022
Alan Cram, Chair This meeting was
Tim Johnson, Vice Chair held remotely
Shaun Moscrip
Eric Richards
Mark Teplitsky Staff Liaison:
Vacant Seat Marcus Coldiron
Vacant Seat Chief Building Official
Meeting Minutes
April 28, 2022
A regular meeting of the Building Review Commission was held on Thursday, April 28, 2022, at
9:00 a.m. via Zoom.
•CALL TO ORDER
Chair Cram called the meeting to order at 9:00 a.m.
•ROLL CALL
PRESENT: Cram, Johnson, Moscrip, Richards
ABSENT: Teplitsky
STAFF: Coldiron, Manno, Guin, Brennan, Potyondy
•PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
•DISCUSSION AGENDA
[Timestamp: 9:01 a.m.]
1.CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2022 MEETING.
Member Richards moved to approve the minutes of the February 28, 2022 meeting. Member Moscrip
seconded. The motion passed 4-0.
2.LEGACY DESIGN AND CONSTRUCTION, INC - VARIANCE REQUEST TO COMPLETE WORK
OUTSIDE OF CURRENTLY HELD LICENSE CLASSIFICATION
DESCRIPTION: Mr. Mike Snyder of Legacy Design and Construction, Inc. is requesting a
variance to his current license to complete work that falls outside of his
license classification.
Building Review
Commission
ITEM 1, ATTACHMENT 1
DRAFTPacket Pg. 4
City of Fort Collins Page 2 April 28, 2022
Disclosure of Conflicts
None.
Staff Presentation
Chair Cram outlined the order of procedure for the hearing.
Administrative Services Manager Sharlene Manno presented the staff report and outlined the variance
request to complete work outside of a currently held license classification. She discussed the current
license held by Mr. Mike Snyder of Legacy Design and Construction and noted a 30-day exception to
complete a commercial general alteration located at 4825 Lemay Avenue for Council Tree Church was
approved in October of 2020 by the then Chief Building Official, Rich Anderson. She outlined the
project description. She stated Mr. Snyder requested a second license classification variation from
Russ Hovland, then acting Chief Building Official, in January of 2022, and Mr. Hovland approved a 30-
day license variance to complete a secondary restroom at the same address; however, the license
variance request was expired prior to the issuance of building permits. Additionally, the electrician
selected for the project had an expired master electrician registration as of March 2nd.
Manno stated staff is recommending approval of a 30-day temporary variance to Mr. Snyder’s license
and supervisor certificate based on the past project variance requested and approved.
Board Comments on Site Visit
There was no site visit completed.
Procedural Considerations
None.
Appellant and Parties-in-Interest in Support of Appeal Arguments
Mr. Snyder thanked the Commission for the opportunity to request a variance and agreed with Ms.
Manno’s comments. He discussed his experience remodeling the women’s restroom at the church two
years ago and stated the church as requested he now remodel the men’s restroom, which will have
fewer code-related issues than did the women’s restroom.
Parties-in-Interest in Opposition to Appeal Arguments
None.
Appellant Rebuttal
Mr. Snyder stated part of his frustration with this process is due to an email from Mr. Hovland stating
the 30-day variance would start when the permit was issued. He stated there seemed to be some type
of logistical issue given the fact the variance expired prior to the permit being issued.
Opponent Rebuttal
None.
Board Questions of Staff and Parties-in-Interest
Assistant City Attorney Aaron Guin reminded the Commission of the standards and what it must find to
grant the variance.
Member Richards asked if the Chief Building Official must follow the same standards as outlined by
City Attorney Guin. Chief Building Official Coldiron replied the CBO does not have the authority to grant
a variance when it comes to licensing requests and the previous granting of those requests were not in
accordance with the Code as adopted. However, given there were no issues with his previous work at
the address and there were prior variances approved, staff is recommending approval given the scope
of work is the same. He added he does not believe in variance requests for licensing as it devalues
licensing requirements and the individuals who have done the work to procure the proper licensing.
Member Moscrip asked if the plumbing or sewers are being moved for the remaining toilet and urinal.
Mr. Snyder replied neither of the drain assemblies are moving; however, they are going from two sink
surfaces to one therefore one will be capped at the wall.
ITEM 1, ATTACHMENT 1
DRAFTPacket Pg. 5
City of Fort Collins Page 3 April 28, 2022
Member Richards asked if the higher license classification is required because the church is considered
a commercial space. Manno replied Mr. Snyder’s current level of testing covers residential only and
his current level of experience with commercial projects is not enough to push him to a commercial
licensing level.
Member Richards asked Mr. Snyder if he has successfully completed any other commercial projects in
other jurisdictions. Mr. Snyder replied he was a building in Laramie and during that time remodeled a
second-floor office building into a dental office, remodeled another dental office and other businesses,
and has built, from scratch 20-25 homes.
Member Richards asked Mr. Snyder if he plans to seek a commercial license in Fort Collins. Mr. Snyder
replied in the negative stating he prefers to work on custom residential homes.
Mr. Snyder requested this variance, if approved, not take effect until the purchase of the permit. Manno
stated the Commission could guide staff to do that. She noted the permit is currently still being routed
for review.
Motion
Chair Cram made a motion, based on Staff’s report, analysis, and recommendation, and the
evidence and testimony presented today, to approve the applicant’s request for a variance from
the licensing standards in this Appeal in accordance with Section 15-156 of the City Code
finding that:
• The applicant has satisfactorily demonstrated that the applicant has prior experience not
specifically listed in our Contractor Licensing section of the City Code, as evidenced by his
prior project verifications that would qualify the applicant to perform construction
authorized under the license or certificate sought in a competent manner, that the 30-day
extension and permit would coincide from a timing perspective, the applicant has
demonstrated that, if the variance were granted, there would not be substantial detriment to
the public good and would not substantially impair the intent and purpose of this section of
the City Code.
Member Richards seconded the motion.
The motion passed 4-0.
[Timestamp: 9:36 a.m.]
3. STAFF PRESENTATION - GRAY WATER ORDINANCE
DESCRIPTION: The purpose of this item is to inform the Building Review Commission on the
development of a proposed graywater ordinance and request a
recommendation to the City Council on this policy direction. Development of
a graywater ordinance is a Council Priority for 2021-2023. Staff presented
information to the Council at a November 23, 2021, work session. Council
directed staff to develop a draft ordinance that meets the State’s Water
Quality Regulation 86 (graywater standards) and is in accordance with local
water rights.
Staff Report
Water Conservation Specialist Mariel Miller presented the staff report and requested the Commission
provide input as to whether it supports the development of a graywater ordinance. She stated staff has
been working to develop such an ordinance to meet an identified Council priority and to align with the
state’s water quality regulation 86. She outlined the definition of graywater and discussed its sources
and allowed reuses, subsurface irrigation and toilet flushing, in Colorado. She stated the Fort Collins
enabling ordinance is similar in sources; however, it would not allow graywater to be used for
landscaping or irrigation due to Fort Collins’ water rights, just for toilet flushing. She noted staff is in
discussions with the other water districts that serve the Fort Collins growth management regarding the
use of graywater and is working with Building Services to develop the program administration.
Miller outlined the treatment requirements for utilizing graywater for toilet flushing and stated it will most
likely be used for new construction rather than retrofits and the ordinance would not require the use of
graywater, just allow it as an option. She outlined the public outreach noting there will be citizen
meetings in June and the ordinance is scheduled to go before Council on August 16th.
ITEM 1, ATTACHMENT 1
DRAFTPacket Pg. 6
City of Fort Collins Page 4 April 28, 2022
Board Questions and Discussion
Member Moscrip asked if this would affect tap sizes on buildings. He commented in support of an
enabling ordinance. Chief Building Official Coldiron replied this would not directly affect tap sizes as
the water going to the building is being reused and backup potable water is also required to be brought
to the toilet in the event the graywater system fails or needs maintenance.
Vice Chair Johnson concurred with Member Moscrip’s support and verified this is an option, not a
requirement. Miller replied in the affirmative.
Vice Chair Johnson asked how the tank requirement changes for a multi-family building given the
single-family requirement is 50 gallons. Miller replied she would do some research on that question.
Vice Chair Johnson asked about the projected $4,500 cost for a single-family house. Miller replied that
is the estimate; however, there are few examples of certified tanks that have been installed in Colorado.
Vice Chair Johnson requested staff be sensitive to not creating a local Code amendment that does not
align with state requirements. Miller noted the City is restricted to what the state will allow and if
changes are made at the state level, the City’s ordinance would need to be updated to align with those.
Member Richards supported graywater use and asked if it would be possible for a future change to use
graywater for irrigation. Assistant City Attorney Eric Potyondy replied the most restrictive terms on the
City’s water portfolio come from the use of Colorado Big Thompson water, and those rules are set by
Northern Water which only allow graywater to be used for toilet flushing. He stated it is unlikely they
would loosen those restrictions as their position is based on their interpretation of contracts with the
federal government.
Member Richards asked if City Utilities might offer subsidies or financial incentives for participation.
Miller replied that would not be included in the current process of creating the ordinance, but could be
considered in the future. She also noted there is the potential for some grant funding from the state to
create a pilot rebate program. Additionally, this is being considered as an item that could be added to
the list of points for Metro Districts.
Chair Cram asked if there are negative impacts to pets who make drink this treated water out of toilets
and asked how items being left in pockets during laundry, such as medication, will be addressed. Miller
replied there are likely best practices that need to be implemented by those who have graywater
systems to keep pets from drinking the treated water; however, she noted there are reasons a certain
level of disinfection and treatment is required before the water is used in toilets.
Chair Cram asked what could happen if someone moves into a home, does not want the graywater
system and therefore stops maintaining it. Miller replied staff is working on a system to verify
maintenance is occurring on an ongoing basis. Additionally, she noted a backup system is required to
ensure there is a system in place if the graywater system is not working.
Board Deliberation
Vice Chair Johnson made a motion that the Building Review Commission recommend the City
Council approve an enabling ordinance for graywater that will be developed in accordance with
the state standards as outlined in regulation 86 and local water rights.
Member Richards seconded the motion.
The motion passed 4-0.
[Timestamp: 10:06 a.m.]
• OTHER BUSINESS
o Discussion of Appeal Hearing Rules and Procedures
Assistant City Attorney Aaron Guin stated there is an upcoming item that is an appeal related
to a decision regarding the Fire Code. He outlined some of the key provisions of the current
Fire Code and remined the members they must only contact him with questions as the
Commission is quasi-judicial. He noted the Building Review Commission is de facto the Fire
Board of Appeals and the Fire Chief will be an ex officio member of the Board to hear the
appeal, though the Chief will not have a vote.
ITEM 1, ATTACHMENT 1
DRAFTPacket Pg. 7
City of Fort Collins Page 5 April 28, 2022
Guin remined the members that any decision they make must be supported by sufficient
evidence. He discussed the requirement of the Commission to adopt rules of procedure prior
to the hearing and stated those should be simple but must be formalized.
Vice Chair Johnson expressed concern three of the members may have conflicts given their
work in the field and a resulting possible lack of quorum. Guin replied any issues with conflicts
will be addressed after the item is announced.
Member Richards asked what would occur if there was a tie vote. Guin replied he would look
into that issue.
•ADJOURNMENT
Chair Cram adjourned the meeting at 10:29 a.m.
Minutes prepared by TriPoint Data and respectfully submitted by Aubrie Brennan.
Minutes approved by a vote of the Commission on
_________________________________ ______________________________
Marcus Coldiron, Chief Building Official Alan Cram, Chair
ITEM 1, ATTACHMENT 1
DRAFTPacket Pg. 8
Agenda Item 2
Building Review Commission
STAFF
Aaron Guin, Assistant City Attorney
SUBJECT FOR DISCUSSION
ADOPTING BUILDING REVIEW COMMISSION (“BRC”) AND FIRE BOARD OF APPEALS (“FBA”)
OPERATIONS AND PROCDURES
EXECUTIVE SUMMARY
In accordance with Chapter 9, Article I of the City Code and Section 109.1 of the 2018 International Fire
Code, as amended and adopted by the City of Fort Collins, the members of the Building Review
Commission constitute the Fire Board of Appeals. The fire code official shall be an ex officio member of
the Fire Board of Appeals, but shall not vote on any matter before the Fire Board of Appeals.
Section 109.1 of the City's Fire Code, as amended, provides that "all processes and procedures for an
appeal shall be as stipulated in the International Building Code, Section 113 as amended and adopted
by the City of Fort Collins."
ATTACHMENTS
1. Building Review Commission: Procedures for Hearings on Appeal
AGENDA ITEM SUMMARY MAY 26, 2022
Item 2, Page 1 Packet Pg. 9
BUILDING REVIEW COMMISSION
PROCEDURES FOR HEARINGS ON APPEAL
A.Presentation of Argument.
Presentation of argument on the merits of any appeal to the Building Review
Commission (the “BRC”) shall be made in the following order, subject to such limitations
in time and scope as may be imposed at the discretion of the Chairperson:
1.Staff’s presentation of evidence and recommendations to the BRC (10 minutes)
2.Appellant’s presentation of evidence and recommendations to the BRC (10 minutes)
3.Presentation of evidence and recommendations by any Affected Party in support of
the appeal (total of 10 minutes)
4.Presentation of evidence and recommendations by any Affected Party who is an
opponent of the appeal (total of 10 minutes)
5.Rebuttal presentation by Staff (5 minutes)
6.Rebuttal presentation by Appellant (5 minutes)
7.Discussion, motion, and vote by the BRC.
B.Affected Party‐ Definition.
An Affected Party is an organization or individual who has standing to appeal the final
decision of the Code Official. Standing to appeal shall apply to those individuals or
organizations directly affected by an order or decision of the Code Official. Such persons
shall include those described below who have a relationship to the real property which
is the subject of the appeal:
1.the record owner of the property;
2.the holder of any mortgage or deed of trust or other lien or encumbrance of record
on the property;
3.any leaseholder of record;
4.the holder of any other estate or legal interest of record in the property;
5.any occupants of such building or property; and
6.the owners and/or occupants of any other property located within eight hundred
(800)feet of the property which is the subject of the appeal.
C.Evidence‐ Definition.
Evidence shall mean any information, whether in verbal, written, graphic or other form,
presented at the hearing to support or refute a particular proposition or conclusion.
ITEM 2, ATTACHMENT 1
Packet Pg. 10
Evidence does not include argument as to how information offered as evidence should
be viewed by the BRC.
D. Cross‐Examination.
No person making a presentation to the BRC shall be subject to cross‐examination,
except that the members of the BRC and the City Attorney may inquire of such person
for the purpose of eliciting information or for the purpose of clarifying information
presented.
E. Requests for Additional Time.
Any request for additional time for the presentation of evidence to the BRC must be
made by no later than 4:30 p.m. on the Wednesday eight calendar days prior to the
appeal hearing. The Chairperson of the BRC will consider any request for additional time
and share their decision on the total time allotted for the presentations by no later than
the Monday prior to the appeal hearing.
ITEM 2, ATTACHMENT 1
Packet Pg. 11
Request to Appeal Adopted Fire Code Requirements
The Wok and Roll, Appeal Request for Fire Code Requirements, Page 1
3741587.4
STAFF REPORT May 26, 2022
Building Review Commission
STAFF
Poudre Fire Authority
Kelley Duke, Attorney at Law, Ireland Stapleton Pryor & Pasco, PC
Kevin Sullivan, Assistant Fire Marshal
Steve Christen, Assistant Fire Marshal
SUBJECT
REQUEST TO APPEAL REQUIREMENTS OF THE ADOPTED FIRE CODE
EXECUTIVE SUMMARY
Mr. Steve Lesondak, owner of the Wok and Roll Restaurant (“Restaurant”), has filed an appeal with the
Building Review Commission (“BRC”) to review the Fire Code Compliance Division’s interpretation and
enforcement of the fire code at the Restaurant, including its determination that there are unapproved
conditions in the commercial kitchen, hazardous cooking operations, and an unapproved lower-level dining
space.
BACKGROUND
On 6/6/2019, the Poudre Fire Authority (“PFA”) received an application for a tenant finish permit proposing to
convert 122 S. Mason Street into the Restaurant. This application indicated that the Restaurant would include
counter service with a total occupant load of (49) persons, Type II kitchen hoods, no grease producing
appliances would be used, and proposed appliances included oven(s), a wok, and rice cookers. Floor plans
were prepared by Hauser Architects and included the commercial kitchen and the first and lower-levels. There
was no application to use the lower-level for dining. As per the submitted information, approval was issued by
the Poudre Fire Authority on 10/18/2019.
Exhibit A: Permit Application Notes
Exhibit B: Submitted & Approved Floor Plans
Exhibit C: PFA Permit Approval History
Exhibit D: Enlarged Kitchen Area with Clarifying Notes
Exhibit E: Enlarged Lower-Level Area with Clarifying Notes
On 3/21/2022, a rountine fire inspection was conducted by PFA and a fire inspection report was isssued. As a
result of this fire inspection, the following was determined:
a.The commercial ovens -as currently installed and used- are smoke and grease-producing appliances
and do not meet requirements of the adopted Fire Code and the adopted Mechanical Code.
b.The grease-producing appliances were not being cleaned in accordance with the adopted Fire Code.
Exhibit F: PFA Fire Inspection Report
On 3/28/2022, Assitant Fire Marshal (“AFM”) Steve Christen, AFM Kevin Sullivan, and Building Inspector
Damien Wilson attempted to meet the Restaurant owner, Mr. Steve Lesondak (“Mr. Lesondak”), at the
Restaurant to evaluate noted deficiencies and to establish a partnerhsip for the purpose of achieving
compliance. Mr. Lesondak did not show up to this scheduled meeting and his employees were unable to
AGENDA ITEM 3
Item 3, Page 1 Packet Pg. 12
Request to Appeal Adopted Fire Code Requirements
The Wok and Roll, Appeal Request for Fire Code Requirements, Page 2
3741587.4
contact him. On site employees provided permission to PFA and the City of Fort Collins Building Inspector to
conduct a follow-up fire inspection, and based upon this inspection the following was determined:
All previosly noted violations in the PFA Fire Inspection Report (Exhibit F) were substantiated and were found
to be noncompliant:
a. Two (2) Hobart conveyor pizza ovens were being used to cook meat so that they produce both
smoke and grease-laden vapors; the appliances were not installed under a required Type I
hood with grease filteration and a fire suppression system; the appliances were used in a
location other than what was approved under the conditions of the permit.
b. The location of other kitchen appliances had changed from the approved plans/permit.
c. The lower-level space had been converted to an unapproved dining/seating space (Group A-2
assembly space). The means of egress, such a stairs, handrails, electrical work, etc.,
appeared to be unapproved by PFA.
d. A table-top deep fat-fryer appliance, which was located in the lower-level kitchen preparation
space, appeared to have been used, and is not approved for use as a smoke and grease-
producing appliance.
Exhibit G: Image 1- Wok and Rice Cooker Appliances (Unapproved Locations)
Exhibit H: Image 2- Wok Gas Line (Appears to be a Noncompliant Installation)
Exhibit I: Image 3- Table-top Deep Fat-Fryer Appliance (Unapproved Location/Noncompliant Use)
Exhibit J: Image 4- (2) Hobart Conveyor Pizza Ovens Cooking Meat (Unapproved Location/Noncompliant Use)
Exhibit K: Image 5- Trays of Meat Used with Hobart Conveyor Pizza Ovens
Exhibit L: Image 6- Lower-level Dining Space Conversion (Unapproved)
Exhibit M: Image 7- Lower-level Dining Space Existing Exit Stairway
Exhibit N: Image 8- Lower-level Dining Space Existing Stairway To Restaurant
Exhibit O: Image 9- Lower-level Dining Space Signage
Exhibit P: Image 10- Hood Above Hobart Ovens (Without Compliant Grease Filtration & Fire Suppression)
Exhibit Q: Image 11- Hood Above Hobart Ovens II (Demonstrating Grease Accumulation)
Exhibit R: Image 12- Exterior Signage Indicating Dining in Lower-level
On 3/29/2022, AFM Kevin Sullivan and Building Inspector Damien Wilson met with Mr. Lesondak at the
Restaurant to discuss the Fire Code violations. AFM Sullivan communicated that PFA’s intent is to work in
partnership with every business to find solutions where possible to keep businesses operational while
achieving compliance with the Fire Code to ensure the safety of employees, patrons, neighboring businesses,
and for responding firefighters. Mr. Lesondak expressed a willingness to work in partnership with PFA to
achieve compliance. AFM Sullivan indicated that PFA can approve additional time to achieve compliance,
provided that an approved written plan of corrective action was established, immediate fire hazards were
abated as part of this plan, and good faith efforts were demonstrated towards achieving compliance. AFM
Sullivan indicated that PFA will be issuing to him and the property owners a notice of fire code violation that will
outline steps for moving forward. PFA would provide Mr. Lesondak a week to reach out to contractors who
may be able to assist him with achieving compliance.
Exhibit S: Initial Email Correspondence Issued to Mr. Lesondak, including:
a. A List of Companies That Service Kitchen Systems
On 4/11/2022, AFM Christen and AFM Sullivan met with Mr. Lesondak at the PFA’s administrative offices to
provide him with a copy of the Fire Code Violation Notice in person, and to once again express PFA’s position
to work in partnership. Mr. Lesondack stated the following:
• He intends to be forceably shut down, as that is the only way he can avoid the financial obligations of
his lease agreement.
• PFA is no longer allowed in his Restaurant without his permission.
• All future communication will be through his attorney.
AGENDA ITEM 3
Item 3, Page 2 Packet Pg. 13
Request to Appeal Adopted Fire Code Requirements
The Wok and Roll, Appeal Request for Fire Code Requirements, Page 3
3741587.4
Additionally, AFM Sullivan contacted the responsible property manager, Ms. Emily Mack with Helix Property
Management, to communicate that Fire Code violations have been identified at this property, and that PFA
encourages partnership opportunities between the property and business owners to resolve this matter.
Exhibit T: Larimer County Property Records
Exhibit U: Email Correspondence Issued to Mr. Lesondack, including:
a.Fire Code Violation Notice
b.A List of Companies That Service Kitchen Systems
Exhibit V: Email Correspondence Issued to Ms. Emily Mack, Helix Property Management, LLC, including:
a.Fire Code Violation Notice
Exhibit W: Ansul Kitchen System Technical Bulletin (Outlining Suppression Coverage Requirements for
Conveyor-Type Pizza Ovens)
On 4/14/2022, Attorney Gregory Bell, representing Mr. Lesondak, made a request to PFA for information
pertaining to this matter and this property in accordance with the Colorado Open Records Act Request
(CORA). Mr. Bell also sent PFA’s counsel a letter contesting PFA’s authority to require correction of the Fire
Code violations.
Exhibit X: Lesondak Attorney Letter
PFA has repeatedly offered Mr. Lesondak options for achieving Fire Code compliance, but Mr. Lesondak has
failed to pursue any of the options.
Exhibit Y: PFA Attorney Kelley Duke Email to Attorney Fred Long
RECOMMENDATION
Based on the information set forth in this Report and the attached Exhibits, PFA respectfully requests that the
BRC uphold PFA’s determination of Fire Code violations and its enforcement action to achieve Fire Code
compliance at the Restaurant. The Fire Code is established as the minimum standard for fire and life-safety
matters that affect businesses, properties, persons, an d first responders within PFA’s jursidiction.
PFA prefers education and collaboration in achieving Fire Code compliance; however, PFA must enforce the
Fire Code where such collaborative efforts fail. It is PFA’s position that the Fire Code requirements being
enforced by PFA are necessary for life-safety, are aligned with national and international best-practices, and
are the same as would be required of every other business or person within PFA’s jurisdiction.
ATTACHMENTS
1.Finesse Foods dba Wok and Roll Appeal- Signed
2.Finesse Foods dba Wok and Roll Support Documents
3.Exhibit A: Permit Application Notes
4.Exhibit B: Submitted & Approved Floor Plans
5.Exhibit C: PFA Permit Approval History
6.Exhibit D: Enlarged Kitchen Area with Clarifying Notes
7.Exhibit E: Enlarged Lower-Level Area with Clarifying Notes
8.Exhibit F: PFA Fire Inspection Report
9.Exhibit G: Image 1- Wok and Rice Cooker Appliances (Unapproved Locations)
10.Exhibit H: Image 2- Wok Gas Line (Appears to be Noncompliant)
11.Exhibit I: Image 3- Table-top Deep Fat-Fryer Appliance (Unapproved Location/Noncompliant Use)
12.Exhibit J: Image 4- (2) Hobart Conveyor Pizza Ovens Cooking Meat (Unapproved
Location/Noncompliant Use)
13.Exhibit K: Image 5- Trays of Meat Used with Hobart Conveyor Pizza Ovens
AGENDA ITEM 3
Item 3, Page 3 Packet Pg. 14
Request to Appeal Adopted Fire Code Requirements
The Wok and Roll, Appeal Request for Fire Code Requirements, Page 4
3741587.4
14.Exhibit L: Image 6- Lower-level Dining Space Conversion (Unapproved)
15.Exhibit M: Image 7- Lower-level Dining Space Existing Exit Stairway
16.Exhibit N: Image 8- Lower-level Dining Space Existing Stairway To Restaurant
17.Exhibit O: Image 9- Lower-level Dining Space Signage
18.Exhibit P: Image 10- Hood Above Hobart Ovens (Without Compliant Grease Filtration & Fire
Suppression)
19.Exhibit Q: Image 11- Hood Above Hobart Ovens II (Demonstrating Grease Accumulation)
20.Exhibit R: Image 12- Exterior Signage Indicating Dining in Lower-level
21.Exhibit S: Initial Email Correspondence Issued to Mr. Lesondak, including:
a.A List of Companies That Service Kitchen Systems
22.Exhibit T: Larimer County Property Records
23.Exhibit U: Email Correspondence Issued to Mr. Lesondak, including:
a.Fire Code Violation Notice
b.A List of Companies That Service Kitchen Systems
24.Exhibit V: Email Correspondence Issued to Ms. Emily Mack, Helix Property Management, LLC,
including:
a.Fire Code Violation Notice
25.Exhibit W: Ansul Kitchen System Technical Bulletin (Outlining Suppression Coverage Requirements
for Conveyor-Type Pizza Ovens)
26.Exhibit X: Lesondak Attorney Letter
27.Exhibit Y: PFA Attorney Kelley Duke Email to Attorney Fred Long
AGENDA ITEM 3
Item 3, Page 4 Packet Pg. 15
ITEM 3, ATTACHMENT 1
Packet Pg. 16
ITEM 3, ATTACHMENT 2Packet Pg. 17
ITEM 3, ATTACHMENT 2Packet Pg. 18
ITEM 3, ATTACHMENT 2Packet Pg. 19
ITEM 3, ATTACHMENT 2Packet Pg. 20
ITEM 3, ATTACHMENT 2Packet Pg. 21
ITEM 3, ATTACHMENT 2Packet Pg. 22
ITEM 3, ATTACHMENT 2Packet Pg. 23
ITEM 3, ATTACHMENT 2Packet Pg. 24
ITEM 3, ATTACHMENT 2Packet Pg. 25
ITEM 3, ATTACHMENT 2Packet Pg. 26
ITEM 3, ATTACHMENT 2Packet Pg. 27
ITEM 3, ATTACHMENT 2Packet Pg. 28
ITEM 3, ATTACHMENT 3PFA Exhibit "A" Packet Pg. 29
DNDNUPUP3' - 6"16' - 2 1/2"8' - 8"5' - 8"6"5' - 8"8' - 0"15' - 4"3' - 0"12' - 0 1/2"7' - 8"PREP.PREP.WOKFIREOVENMOP SINK W/ WATER HEATERS ABOVEVSICECOOLER/FREEZER20' - 0"48' - 0"RWRWSODA17' - 0"3' - 0"14' - 0"3' - 0"COUNTERKITCHEN3' - 0"3' - 6"2' - 9 1/2"24' - 0"24' - 0"14' - 0"4' - 3 1/2"6' - 0"6' - 0"3' - 6"16' - 6"HALF WALLSODA RACKTELECOM28' - 0"5' - 3"12' - 0"20' - 0"7' - 4"12' - 0"NEW WALLDRY STORAGEPLUMBING CHASELIFT PUMP6' - 0"COOLER3' - 0"8' - 0"FSDWMOPOFFICE48' - 0"11' - 4"««««''''CCCCUUUUVVVV««««VVVVJJJJ««««5555VVVVTTTTGGGGGGGGVVVV««««5555WWWWKKKKVVVVGGGG««««««««««««....QQQQXXXXGGGGNNNNCCCCPPPPFFFF««««%%%%QQQQNNNNQQQQTTTTCCCCFFFFQQQQ««««''''§§§§OOOOCCCCKKKKNNNN««««KKKKPPPPHHHHQQQQ""""JJJJCCCCWWWWUUUUGGGGTTTTCCCCTTTTEEEEJJJJKKKKVVVVGGGGEEEEVVVVUUUURRRREEEEEEEEQQQQOOOO****CCCCWWWWUUUUGGGGTTTT####TTTTEEEEJJJJKKKKVVVVGGGGEEEEVVVVUUUURRRREEEEEEEEQQQQOOOOSHEET.G[YKX°'XINOZKIZY°6).G[YKX°'XINOZKIZY°6).G[YKX°'XINOZKIZY°6).G[YKX°'XINOZKIZY°6)° °'3° °'3° °'3° °'3 0DVRQ6W)RUW&ROOLQV&27+(:2.$1'52//)/2253/$16A11/4" = 1'-0"2MAIN LEVEL1/4" = 1'-0"1LOWER LEVELREVISIONSITEM 3, ATTACHMENT 4ITEM 3, ATTACHMENT 4PFA Exhibit "B"Packet Pg. 30
4/8/22, 3:35 PM Tyler Technologies
https://www.mobile-eyes.com/MobileEyes3/TrackFire_Report_AuditTrail.asp?AllJobRecords=True&Table=tblTrackFire_Permits_Jobs&RecordID=760 1/1
Audit History 4/8/2022 5:34:36 PM
Filters:
Date Range: -all-
Data:Job #190606001 - 120 South Mason Street -
Mason Wok and Roll
User:-all-
Message Filter:-all-
Date/Time User Summary Interface?
10/18/2019
8:59:13
AM
Nancy
Roberts
(Inspector)
Added scheduled inspection type 'Tenant Finish Final (Building and Systems)'
for Permit #190606001-P01.
6/19/2019
10:19:11
AM
Theresa
Reifinger
(Inspector)
Edited Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South
Mason Street. Job status changed from Open to Completed.
6/19/2019
10:19:02
AM
Theresa
Reifinger
(Inspector)
Edited Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120
South Mason Street. The following inspection types were changed to required:
Tenant Finish Final (Building and Systems).
6/19/2019
10:16:43
AM
Theresa
Reifinger
(Inspector)
Edited Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120
South Mason Street.
6/18/2019
2:41:51
PM
Theresa
Reifinger
(Inspector)
Edited Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South
Mason Street.
6/6/2019
8:49:00
AM
Beth
McGhee
(Inspector)
Edited Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South
Mason Street.
6/6/2019
8:48:34
AM
Beth
McGhee
(Inspector)
Added scheduled plan review type 'Plan Review - New Construction & Tenant
Finish' for Job #190606001.
6/6/2019
8:46:13
AM
Beth
McGhee
(Inspector)
Checked in original plans for job number #190606001.
6/6/2019
8:45:59
AM
Beth
McGhee
(Inspector)
Edited Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120
South Mason Street.
6/6/2019
8:36:37
AM
Beth
McGhee
(Inspector)
Created Permit #'190606001-P01' for occupant 'Mason Wok and Roll' on 120
South Mason Street.
6/6/2019
8:36:28
AM
Beth
McGhee
(Inspector)
Created Job #'190606001' for occupant 'Mason Wok and Roll' on 120 South
Mason Street.
Total Transactions Shown: 11
ITEM 3, ATTACHMENT 5
PFA Exhibit "C"
Packet Pg. 31
DN
DN
UP
UP3' - 6"16' - 2 1/2"
8' - 8"5' - 8"6"5' - 8"8' - 0"15' - 4"3' - 0"12' - 0 1/2"7' - 8"PREP.
PREP.
WOK
FIREOVEN
MOP SINK W/ WATER
HEATERS ABOVE
VSICECOOLER/FREEZER20' - 0"48' - 0"
RW RW
SODA
17' - 0"3' - 0"14' - 0"3' - 0"COUNTERKITCHEN
3' - 0"3' - 6"2'-91/2"24' - 0"24' - 0"
14' - 0"4' - 3 1/2"6' - 0"6' - 0"3' - 6"16' - 6"HALF WALL
SODA RACK
TELECOM 28' - 0"5' - 3"
12' - 0"20' - 0"7' - 4"12' - 0"NEW WALL
DRY STORAGE PLUMBING CHASELIFTPUMP6' - 0"
COOLER
3' - 0"8' - 0"FS
DW
MOP
OFFICE
48' - 0"
11' - 4"3333777788880000EEEEaaaasssstttt11115555tttthhhhSSSSttttrrrreeeeeeeetttt,,,,SSSSuuuuiiiitttteeee222200001111LLLLoooovvvveeeellllaaaannnndddd,,,,CCCCoooolllloooorrrraaaaddddoooo88880000555533338888999977770000....666666669999....8888222222220000EEEE----mmmmaaaaiiiillll::::iiiinnnnffffoooo@@@@hhhhaaaauuuusssseeeerrrraaaarrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmHHHHaaaauuuusssseeeerrrrAAAArrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmSHEET
Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM120 & 122 Mason St. Fort Collins CO. 80524THE WOK AND ROLLFLOOR PLANS
A1
1/4" = 1'-0"
2MAIN LEVEL
1/4" = 1'-0"
1 LOWER LEVEL REVISIONS*As Per the Submitted Plans
Enlarged Kitchen Area
Kitchen Appliances Included:
(1) Oven
(1) Wok
(2) Rice Cookers
No indication was provided that
grease-producing appliances
were to be used.
The following would have been
required by the adopted Fire
Code and the permit process had
grease-producing appliances
been proposed:
a. A Type I kitchen hood with a
fire suppression system.
b. A Class K-type portable fire
extinguisher.
c. Routine cleaning of grease
for appliances, hoods, and
other appurtenances.
The Wok and Roll Restaurant
Enlarged Kitchen Area and Proposed Appliances
Based Upon the Submitted and Approved Drawings
Drawing Not to Scale
ITEM 3, ATTACHMENT 6
PFA Exhibit "D" Packet Pg. 32
DN
DN
UP
UP3' - 6"16' - 2 1/2"
8' - 8"5' - 8"6"5' - 8"8' - 0"15' - 4"3' - 0"12' - 0 1/2"7' - 8"PREP.
PREP.
WOK
FIREOVEN
MOP SINK W/ WATER
HEATERS ABOVE
VSICECOOLER/FREEZER20' - 0"48' - 0"
RW RW
SODA
17' - 0"3' - 0"14' - 0"3' - 0"COUNTERKITCHEN
3' - 0"3' - 6"2'-91/2"24' - 0"24' - 0"
14' - 0"4' - 3 1/2"6' - 0"6' - 0"3' - 6"16' - 6"HALF WALL
SODA RACK
TELECOM 28' - 0"5' - 3"
12' - 0"20' - 0"7' - 4"12' - 0"NEW WALL
DRY STORAGE PLUMBING CHASELIFT PUMP6' - 0"
COOLER
3' - 0"8' - 0"FS
DW
MOP
OFFICE
48' - 0"
11' - 4"3333777788880000EEEEaaaasssstttt11115555tttthhhhSSSSttttrrrreeeeeeeetttt,,,,SSSSuuuuiiiitttteeee222200001111LLLLoooovvvveeeellllaaaannnndddd,,,,CCCCoooolllloooorrrraaaaddddoooo88880000555533338888999977770000....666666669999....8888222222220000EEEE----mmmmaaaaiiiillll::::iiiinnnnffffoooo@@@@hhhhaaaauuuusssseeeerrrraaaarrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmHHHHaaaauuuusssseeeerrrrAAAArrrrcccchhhhiiiitttteeeeccccttttssssppppcccc....ccccoooommmmSHEET
Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.Hauser Architects, P.C.5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM5/23/2019 8:10:15 AM120 & 122 Mason St. Fort Collins CO. 80524THE WOK AND ROLLFLOOR PLANS
A1
1/4" = 1'-0"
2MAIN LEVEL
1/4" = 1'-0"
1 LOWER LEVEL REVISIONS*As Per the Submitted Plans
Enlarged Lower-Level
No indication was provided that
this space was proposed to be
used as a dining/seating area.
The following information would
have been required by the
adopted Fire Code and the
permit process had this space
been proposed to be used as a
dining/seating area:
a. An occupant load calculation.
b. Indication how stairs and exits
comply with the adopted
Building and Fire Codes.
c. Indication how proposed
interior finishes comply with
the adopted Building and Fire
Codes.
d. Indication how the proposed
change-of-use from a storage
use to an assembly use
complies with the adopted
Building and Fire Codes.
The Wok and Roll Restaurant
Enlarged Lower-Level
Based Upon the Submitted and Approved Drawings
Drawing Not to Scale
ITEM 3, ATTACHMENT 7
PFA Exhibit "E"Packet Pg. 33
Poudre Fire Authority
102 Remington Street
Fort Collins, Co 80524
Phone 970-416-2891 Fax 970-221-6635
Occupant Name: Mason Wok and Roll Inspection Date: 3/21/2022
Address: 120 South Mason Street InspectionType: Inspection Contact
Suite: Inspected By: Mark Swihart
Insp. Result Location Code Set Code
Fail Floor 1
Fort Collins Amended IFC 2018
CHAPTER 6 BUILDING SERVICES AND
SYSTEMS 607.3.3.1 - Hood Inspection (see photo 1.1, 1.2, 1.3, 1.4)
Inspector Comments: Inspection.
Hoods, grease-removal devices, fans, ducts and other appurtenances shall be inspected at intervals specified in
Table 607.3.3.1 or as approved by the fire code official. Inspections shall be completed by qualified individuals.
Inspector Swihart: When I inspected the hood system there was no tags or labels on it to indicate that the hood
system had been inspected. Talking with the day manager they stated that the hood system has never been
inspected or cleaned.
Fail Floor 1
Fort Collins Amended IFC 2018
CHAPTER 6 BUILDING SERVICES AND
SYSTEMS
607.3.3.2 - Grease accumulation. (see photo 2.1, 2.2,
2.3, 2.4)
Inspector Comments: If during the inspection it is found that hoods, grease-removal devices, fans, ducts or other
appurtenances have an accumulation of grease, such components shall be cleaned in accordance with
ANSI/IKECA C10.
Inspector Swihart: While inspecting I notice that the hood system over the pizza oven that there was grease
accumulation in the duct work. The hood system didn't have any filters in the system at all. I was told that they
cook chicken in this oven and that it produces lots of smoke when they are cooking.
Fail Floor 1
Fort Collins Amended IFC 2018
CHAPTER 6 BUILDING SERVICES AND
SYSTEMS
607.3.3 -Cleaning. (see photo 3.1, 3.2)
Inspector Comments: Hoods,grease-removal devices, fans, ducts and other appurtenances shall be cleaned at
intervals as required by Sections 607.3.3.1 through 607.3.3.3.
Inspector Swihart: The hood systems have not been cleaned per this fire code and Table 607.3.3.1 which requires
wok or char cooking that there hood systems shall be cleaned every 3 months.
Inspector Comments: On Monday March 21 I went into the S. College Wok & Roll and was told that this location is closing permanently on
Friday 3/25/22, I asked if I could just inspect the hood system just for documentation and was told I could. While inspecting I became alarmed
that their hood system has not been cleaned per IFC 607.3.3 and that they had no fire protection system installed. So I also went to the S
Mason location and found the same issues. Talking with the day manager, she stated that they clean the filters but no one has come in
professionally and cleaned the entire system and duct work. They only fire protection that they have is an ABC fire extinguisher hanging on
the wall. So I documented my inspection with photos and noticed that the duct work looked to have a great amount of grease buildup. I was
concerned about not having their system cleaned and no fire protection over the wok cooking area that I forwarded this inspection up to my
supervisor and the Assistant Fire Marshals.
ITEM 3, ATTACHMENT 8
PFA Exhibit "F" Packet Pg. 34
ALL VIOLATIONS MUST BE ABATED IMMEDIATELY.
The Inspector will return on or after 4/21/2022.
Thank you for keeping your business and our community safe!
If your occupancy has a Knox Box and you change keys for your building, notify our office at
www.poudre-fire.org and request a Knox Box lockup.
Thank you!
Inspector:
Mark Swihart
3/21/2022
ITEM 3, ATTACHMENT 8
PFA Exhibit "F" Packet Pg. 35
1.1 -
607.3.3.1.
1.2 -
607.3.3.1.
1.3 -
607.3.3.1.
1.4 -
607.3.3.1.
2.1 -
607.3.3.2.
2.2 -
607.3.3.2.
2.3 -
607.3.3.2.
2.4 -
607.3.3.2.
ITEM 3, ATTACHMENT 8
PFA Exhibit "F" Packet Pg. 36
3.1 -
607.3.3.
3.2 -
607.3.3.
Ref: 25342
ITEM 3, ATTACHMENT 8
PFA Exhibit "F" Packet Pg. 37
ITEM 3, ATTACHMENT 9PFA Exhibit "G" Packet Pg. 38
ITEM 3, ATTACHMENT 10
PFA Exhibit "H" Packet Pg. 39
ITEM 3, ATTACHMENT 11PFA Exhibit "I" Packet Pg. 40
ITEM 3, ATTACHMENT 12PFA Exhibit "J" Packet Pg. 41
ITEM 3, ATTACHMENT 13PFA Exhibit "K" Packet Pg. 42
ITEM 3, ATTACHMENT 14PFA Exhibit "L" Packet Pg. 43
ITEM 3, ATTACHMENT 15PFA Exhibit "M" Packet Pg. 44
ITEM 3, ATTACHMENT 16PFA Exhibit "N" Packet Pg. 45
ITEM 3, ATTACHMENT 17PFA Exhibit "O" Packet Pg. 46
ITEM 3, ATTACHMENT 18
PFA Exhibit "P" Packet Pg. 47
ITEM 3, ATTACHMENT 19
PFA Exhibit "Q" Packet Pg. 48
ITEM 3, ATTACHMENT 20
PFA Exhibit "R" Packet Pg. 49
ITEM 3, ATTACHMENT 21PFA Exhibit "S"Packet Pg. 50
ITEM 3, ATTACHMENT 21PFA Exhibit "S" Packet Pg. 51
4/8/22, 3:18 PM Property Search | Larimer County
https://www.larimer.org/assessor/search#/property/?fromAddrNum=163&address=mountain&city=FORT COLLINS&sales=any&accountid=R0039543 1/1
Sales Information
Clicking a Sale Date shows recorded document details. Clicking a Reception No will open a new tab with the Clerk and Recorder's
Recording Department Public Records portal, Easy Access (registration required). For questions about Easy Access, please call the
Recording Department at 970-498-7860, option 1.
2021 Value Information
Abstract Code/Description Value Type Actual Value Assessed Value Net Acres Net Sq Ft
2223L Special purpose Land $651,000 $188,790 .09 4,340
2227 Com/Res Improvement $1,496,000 $106,964 .00 0
2227L Com/Res Land $511,500 $36,572 .07 3,410
2223 Special purpose Improvement $1,904,000 $552,160 .00 0
Totals: $4,562,500 $884,486 0.16 7,750
Legal Description: LOTS 25 & 26, BLK 111, FTC
Parcel Number:9711414025
Schedule Number:0039543
Account Number:R0039543
Tax District: 1110
Property Tax Year: 2022
2021 Mill Levy: 102.679
Subdivision : //10111 - FTC BLK 111
Neighborhood : 170
Property Address:
163 W MOUNTAIN AVE
FORT COLLINS, CO 80524
Owner Name & Address:
MOUNTAIN 155 LLC
HELO INVESTMENTS LLC
PO BOX 4655
BOULDER, CO 803064655
Sale Date
(info)
Reception No.
(doc)
Sale Price Deed Type
2019-08-
14
20190047729 $4,600,000 Special
Warranty Deed
2016-03-
22
20160017990 $0 Quit Claim
Deed
2016-03-
22
20160017989 $4,500,000 Special
Warranty Deed
2006-06-
08
20060044637 $1,818,000 Warranty Deed
2002-04-
19
2002045188 $1,435,000 Warranty Deed
1997-08-
06
97051412 $900,000 Warranty Deed
General Information
ITEM 3, ATTACHMENT 22
PFA Exhibit "T"
Packet Pg. 52
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 53
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 54
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 55
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 56
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 57
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 58
ITEM 3, ATTACHMENT 23PFA Exhibit "U" Packet Pg. 59
April 11, 2022
RE: NOTICE OF FIRE CODE VIOLATIONS, 122 S MASON STREET, WOK AND ROLL
IMMEDIATE ACTION REQUIRED
Property Owner: Mountain 155, LLC
Helo Investments, LLC
P.O. Box 4655, Boulder, CO 8030604655
c/o Helix Property Management, LLC
244 Pine Street, Fort Collins, CO 80524
Attn: Emily Mack, Operations Manager
P (970) 632-6055 Ext. 1
E emack@helixpropertymanagement.com
Business Owner: Mr. Steve Lesondak
The Wok and Roll
122 S Mason Street, Fort Collins, CO 80524
P (970) 218-0433
E lesondack@msn.com
Applicable Building: As per Larimer County property records:
163 W Mountain Avenue, Fort Collins
Parcel # 9711414025
As posted on the building:
122 S Mason Street, Fort Collins
Larimer County property records indicates that Mountain 155, LLC and Helo Investments, LLC are the
legal property owners of this complex, located at property address 163 W Mountain Avenue/122 S
Mason Street, in Fort Collins, Colorado.
Thank you to Mr. Steve Lesondak, owner of The Wok and Roll, for your time and that of your staff to
meet on site with the Poudre Fire Authority to evaluate this facility. Based upon this site visit and
records of what was approved for this facility, the following shall apply:
Existing Approval-
Poudre Fire Authority records indicate the result was approval for a tenant finish for The Wok and Roll
restaurant in October of 2019, PFA Permit #190606001-P01. As per the approved plans, the scope of
ITEM 3, ATTACHMENT 23
PFA Exhibit "U"
Item A Packet Pg. 60
work included tenant finish modifications for a restaurant with counter service, including (1) Type II
commercial kitchen hood, no grease producing appliances were proposed as per the permit application
notes, and appliances consisted of an oven, a wok, and rice cookers. No change-of-use was indicated on
the approved plans to convert the lower-level space into a dining/seating area associated with the
restaurant use.
Actual Site Conditions-
Existing conditions and operations have deviated from what was initially approved by the Poudre Fire
Authority as follows:
1.The commercial oven -as currently installed and used- has been determined to be a grease-
producing appliance, and is not approved for this use by the Poudre Fire Authority.
2.The location of the commercial kitchen appliances has changed from the approved plans.
3.The lower-level area capable of being used as a dining/seating is not approved for this use by
the Poudre Fire Authority.
4.A table-top deep fat fryer appliance was noted as having been used in the lower-level prep area,
and is not approved for this use by the Poudre Fire Authority.
What is Required-
Modifications to the commercial cooking operations and the lower-level dining area shall meet the
requirements of the adopted Fire Code(s). A permit and approval from the Poudre Fire Authority shall
be required for these modifications.
1.The gas-fired Hobart oven and the countertop model deep fat fryer are grease and smoke
producing appliances and shall require a Type I hood with fire suppression coverage. Installation
will require approval from both the City of Fort Collins and the Poudre Fire Authority. This has
been deemed as an unsafe condition by the Poudre Fire Authority and represents an immediate
fire hazard for this building and adjacent properties. Conditions shall be repaired as soon as
feasible, and/or the use of said appliance(s) shall cease and desist until which time approval can
be issued by the Poudre Fire Authority.
Applicable code sections:
IFC 607.2 Where required- “A Type I hood shall be installed at or above all commercial cooking
appliances and domestic cooking appliances used for commercial purposes that produce grease
vapors.”
IMC 509.1 Where required- “Cooking appliances required Section 507.2 to have a Type I hood
shall be provided with an approved automatic fire suppression system complying with the
International Building Code and the International Fire Code.”
IMC 507.3 Type II hoods- “Type II hoods shall be installed above dishwashers and appliances
that produce heat or moisture and do not produce grease or smoke as a result of the cooking
process, except where the heat and moisture loads from such appliances are incorporated into
the HVAC system design or into the design of a separate removal system…”
ITEM 3, ATTACHMENT 23
PFA Exhibit "U"
Item A Packet Pg. 61
2.The existing Type II hood is currently being used over the Hobart oven, and because this hood is
not designed to capture grease-laden vapors with the appropriate filters, both the hood,
exhaust shaft and appurtenances are heavily coated with grease. This has been deemed as an
unsafe condition by the Poudre Fire Authority and represents an immediate fire hazard for this
building and adjacent properties. The hood and all appurtenances shall be cleaned by a qualified
cleaning contractor as soon as feasible.
Applicable code section:
IFC 607.3.3 Cleaning- “Hoods, grease removal devices, fans, ducts and other appurtenances shall
be inspected at intervals specified in Table 607.3.3.1 or as approved by the fire code official.
Inspections shall be completed by qualified individuals.”
3.The modifications to the lower-level area from storage use to a dining/seating area shall meet
the requirements of the adopted Fire Code as a change-of-use. Approval by both the City of Fort
Collins and the Poudre Fire Authority shall be required. This condition has been deemed as an
unsafe condition by the Poudre Fire Authority. The use of said space shall cease and desist until
which time approval can be issued by the Poudre Fire Authority.
Applicable code section:
IFC 102.3 Change of use or occupancy- “A change of occupancy shall not be made unless the use
or occupancy is made to comply with the requirements of this code and the International Existing
Building Code.”
Written Plan of Corrective Action-
A written plan of corrective action shall be submitted to the Poudre Fire Authority by the property
owner and/or the business owner no later than Friday, April 15th, 2022. Plans of corrective action shall
demonstrate good faith efforts, shall outline the actions that will be taken by the property owner and/or
business owner to immediately abate all fire hazards, and shall outline a reasonable timeline for
reaching full compliance; and the continued operation of identified unsafe conditions shall not be
permissible. Proposed plans of corrective action shall be signed by the property owner and/or the
business owner and shall be approved at the discretion of the Assistant Fire Marshal or Fire Marshal.
You are encouraged to notify your insurance provider and adjacent properties and/or businesses that
may be affected by these unsafe conditions. Please be advised that in the event of an incident this
document and other pertinent records may be furnished to any fire investigators working on behalf of
an insurance company through the public records request process.
Enforcement Measures-
Please be advised that the adopted Fire Code functions as law, and therefore these requirements are
mandatory and not optional. If good faith efforts are not made and measurable actions have not been
demonstrated for the purpose of abating noted fire and life-safety hazards, the following enforcement
actions may apply:
IFC 112.4 Failure to comply- “Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine not less than that which is outlined in
Section 110.4.”
ITEM 3, ATTACHMENT 23
PFA Exhibit "U"
Item A Packet Pg. 62
IFC 110.4 Violation penalties- “Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and
upon conviction shall be subject to the penalties, costs and orders as provided by Section 1-15 of
the City Code. Each day that a violation continues after due notice has been served shall be
deemed a separate offense.”
IFC 111.4 Abatement- “The owner, the owner’s authorized agent, operator of occupant of a
building or premises deemed unsafe by the fire code official shall abate or cause to be abated of
corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved
corrective actions.”
IFC 110.1 Unlawful acts- “It shall be unlawful for a person, firm or corporation to erect,
construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system
regulated by this code, or cause same to be done, in conflict with or in violation of any of the
provisions of this code.”
It is the intent of the Poudre Fire Authority to facilitate reasonable modifications to established
timelines when it has been clearly demonstrated that good faith efforts are being made to correct
unsafe conditions and to comply with applicable life-safety requirements.
It is also our intent to pursue enforcement measures when in the opinion of the Fire Marshal good faith
efforts have not been made to comply with applicable life-safety requirements, as this is the method
that we ensure fairness, consistency, and a reasonable degree of life-safety for occupants, neighboring
properties, and for responding firefighters.
Please do not hesitate to contact this office directly if you have questions or we can facilitate a
successful outcome.
Thank You,
Kevin Sullivan, Assistant Fire Marshal
Poudre Fire Authority
Office phone (970) 416-2868
Cell phone (970) 556-1773
Email kevin.sullivan@poudre-fire.org
Cc: Jerry Howell, Fire Marshal-Division Chief, Poudre Fire Authority
Marcus Coldiron, Chief Building Official, City of Fort Collins
ITEM 3, ATTACHMENT 23
PFA Exhibit "U"
Item A Packet Pg. 63
Below is a partial list of companies that provide installation, testing and maintenance of kitchen
hood suppression systems. This list is comprised of companies found online. This list is only a
partial list and should not be considered a complete listing of companies able to provide kitchen
hood suppression system installations and maintenance. These companies are not endorsed or
recommended by Poudre Fire Authority.
Pyrotech Fire & Safety Tri County Fire Protection
PO Box 271671 3159 Baron Ln.
Fort Collins, CO 80527 Rifle, CO 81650
(970)481-1761 (970) 625-4533
Sentry Fire and Safety, Inc. Western States Fire Protection
300 E 16th Street, Suite 208 1717 Heath Pkwy.
Greeley, CO 80631 Fort Collins, CO 80524
(303) 294-0708 (970) 472-5205
Simplex Grinnell
6420 Smith Rd.
Denver, CO 80216
(303) 355-0500
Type of Cooking Operations Frequency of Inspection
High-volume cooking operations such as 24-
hour cooking, charbroiling or wok cooking 3 months
Low-volume cooking operations such as places
of religious worship, seasonal businesses and
senior center 12 months
Cooking operations utilizing solid fuel-burning
cooking appliances 1 month
All other cooking operations 6 months
ITEM 3, ATTACHMENT 23
PFA Exhibit "U"
Item B Packet Pg. 64
ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 65
ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 66
ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 67
ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 68
ITEM 3, ATTACHMENT 24PFA Exhibit "V" Packet Pg. 69
April 11, 2022
RE: NOTICE OF FIRE CODE VIOLATIONS, 122 S MASON STREET, WOK AND ROLL
IMMEDIATE ACTION REQUIRED
Property Owner: Mountain 155, LLC
Helo Investments, LLC
P.O. Box 4655, Boulder, CO 8030604655
c/o Helix Property Management, LLC
244 Pine Street, Fort Collins, CO 80524
Attn: Emily Mack, Operations Manager
P (970) 632-6055 Ext. 1
E emack@helixpropertymanagement.com
Business Owner: Mr. Steve Lesondak
The Wok and Roll
122 S Mason Street, Fort Collins, CO 80524
P (970) 218-0433
E lesondack@msn.com
Applicable Building: As per Larimer County property records:
163 W Mountain Avenue, Fort Collins
Parcel # 9711414025
As posted on the building:
122 S Mason Street, Fort Collins
Larimer County property records indicates that Mountain 155, LLC and Helo Investments, LLC are the
legal property owners of this complex, located at property address 163 W Mountain Avenue/122 S
Mason Street, in Fort Collins, Colorado.
Thank you to Mr. Steve Lesondak, owner of The Wok and Roll, for your time and that of your staff to
meet on site with the Poudre Fire Authority to evaluate this facility. Based upon this site visit and
records of what was approved for this facility, the following shall apply:
Existing Approval-
Poudre Fire Authority records indicate the result was approval for a tenant finish for The Wok and Roll
restaurant in October of 2019, PFA Permit #190606001-P01. As per the approved plans, the scope of
ITEM 3, ATTACHMENT 24
PFA Exhibit "V" Item A Packet Pg. 70
work included tenant finish modifications for a restaurant with counter service, including (1) Type II
commercial kitchen hood, no grease producing appliances were proposed as per the permit application
notes, and appliances consisted of an oven, a wok, and rice cookers. No change-of-use was indicated on
the approved plans to convert the lower-level space into a dining/seating area associated with the
restaurant use.
Actual Site Conditions-
Existing conditions and operations have deviated from what was initially approved by the Poudre Fire
Authority as follows:
1.The commercial oven -as currently installed and used- has been determined to be a grease-
producing appliance, and is not approved for this use by the Poudre Fire Authority.
2.The location of the commercial kitchen appliances has changed from the approved plans.
3.The lower-level area capable of being used as a dining/seating is not approved for this use by
the Poudre Fire Authority.
4.A table-top deep fat fryer appliance was noted as having been used in the lower-level prep area,
and is not approved for this use by the Poudre Fire Authority.
What is Required-
Modifications to the commercial cooking operations and the lower-level dining area shall meet the
requirements of the adopted Fire Code(s). A permit and approval from the Poudre Fire Authority shall
be required for these modifications.
1.The gas-fired Hobart oven and the countertop model deep fat fryer are grease and smoke
producing appliances and shall require a Type I hood with fire suppression coverage. Installation
will require approval from both the City of Fort Collins and the Poudre Fire Authority. This has
been deemed as an unsafe condition by the Poudre Fire Authority and represents an immediate
fire hazard for this building and adjacent properties. Conditions shall be repaired as soon as
feasible, and/or the use of said appliance(s) shall cease and desist until which time approval can
be issued by the Poudre Fire Authority.
Applicable code sections:
IFC 607.2 Where required- “A Type I hood shall be installed at or above all commercial cooking
appliances and domestic cooking appliances used for commercial purposes that produce grease
vapors.”
IMC 509.1 Where required- “Cooking appliances required Section 507.2 to have a Type I hood
shall be provided with an approved automatic fire suppression system complying with the
International Building Code and the International Fire Code.”
IMC 507.3 Type II hoods- “Type II hoods shall be installed above dishwashers and appliances
that produce heat or moisture and do not produce grease or smoke as a result of the cooking
process, except where the heat and moisture loads from such appliances are incorporated into
the HVAC system design or into the design of a separate removal system…”
ITEM 3, ATTACHMENT 24
PFA Exhibit "V" Item A Packet Pg. 71
2.The existing Type II hood is currently being used over the Hobart oven, and because this hood is
not designed to capture grease-laden vapors with the appropriate filters, both the hood,
exhaust shaft and appurtenances are heavily coated with grease. This has been deemed as an
unsafe condition by the Poudre Fire Authority and represents an immediate fire hazard for this
building and adjacent properties. The hood and all appurtenances shall be cleaned by a qualified
cleaning contractor as soon as feasible.
Applicable code section:
IFC 607.3.3 Cleaning- “Hoods, grease removal devices, fans, ducts and other appurtenances shall
be inspected at intervals specified in Table 607.3.3.1 or as approved by the fire code official.
Inspections shall be completed by qualified individuals.”
3.The modifications to the lower-level area from storage use to a dining/seating area shall meet
the requirements of the adopted Fire Code as a change-of-use. Approval by both the City of Fort
Collins and the Poudre Fire Authority shall be required. This condition has been deemed as an
unsafe condition by the Poudre Fire Authority. The use of said space shall cease and desist until
which time approval can be issued by the Poudre Fire Authority.
Applicable code section:
IFC 102.3 Change of use or occupancy- “A change of occupancy shall not be made unless the use
or occupancy is made to comply with the requirements of this code and the International Existing
Building Code.”
Written Plan of Corrective Action-
A written plan of corrective action shall be submitted to the Poudre Fire Authority by the property
owner and/or the business owner no later than Friday, April 15th, 2022. Plans of corrective action shall
demonstrate good faith efforts, shall outline the actions that will be taken by the property owner and/or
business owner to immediately abate all fire hazards, and shall outline a reasonable timeline for
reaching full compliance; and the continued operation of identified unsafe conditions shall not be
permissible. Proposed plans of corrective action shall be signed by the property owner and/or the
business owner and shall be approved at the discretion of the Assistant Fire Marshal or Fire Marshal.
You are encouraged to notify your insurance provider and adjacent properties and/or businesses that
may be affected by these unsafe conditions. Please be advised that in the event of an incident this
document and other pertinent records may be furnished to any fire investigators working on behalf of
an insurance company through the public records request process.
Enforcement Measures-
Please be advised that the adopted Fire Code functions as law, and therefore these requirements are
mandatory and not optional. If good faith efforts are not made and measurable actions have not been
demonstrated for the purpose of abating noted fire and life-safety hazards, the following enforcement
actions may apply:
IFC 112.4 Failure to comply- “Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine not less than that which is outlined in
Section 110.4.”
ITEM 3, ATTACHMENT 24
PFA Exhibit "V" Item A Packet Pg. 72
IFC 110.4 Violation penalties- “Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and
upon conviction shall be subject to the penalties, costs and orders as provided by Section 1-15 of
the City Code. Each day that a violation continues after due notice has been served shall be
deemed a separate offense.”
IFC 111.4 Abatement- “The owner, the owner’s authorized agent, operator of occupant of a
building or premises deemed unsafe by the fire code official shall abate or cause to be abated of
corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved
corrective actions.”
IFC 110.1 Unlawful acts- “It shall be unlawful for a person, firm or corporation to erect,
construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system
regulated by this code, or cause same to be done, in conflict with or in violation of any of the
provisions of this code.”
It is the intent of the Poudre Fire Authority to facilitate reasonable modifications to established
timelines when it has been clearly demonstrated that good faith efforts are being made to correct
unsafe conditions and to comply with applicable life-safety requirements.
It is also our intent to pursue enforcement measures when in the opinion of the Fire Marshal good faith
efforts have not been made to comply with applicable life-safety requirements, as this is the method
that we ensure fairness, consistency, and a reasonable degree of life-safety for occupants, neighboring
properties, and for responding firefighters.
Please do not hesitate to contact this office directly if you have questions or we can facilitate a
successful outcome.
Thank You,
Kevin Sullivan, Assistant Fire Marshal
Poudre Fire Authority
Office phone (970) 416-2868
Cell phone (970) 556-1773
Email kevin.sullivan@poudre-fire.org
Cc: Jerry Howell, Fire Marshal-Division Chief, Poudre Fire Authority
Marcus Coldiron, Chief Building Official, City of Fort Collins
ITEM 3, ATTACHMENT 24
PFA Exhibit "V" Item A Packet Pg. 73
ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 74
ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 75
ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 76
ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 77
ITEM 3, ATTACHMENT 25PFA Exhibit "W" Packet Pg. 78
ITEM 3, ATTACHMENT 26PFA Exhibit "X" Packet Pg. 79
ITEM 3, ATTACHMENT 26PFA Exhibit "X" Packet Pg. 80
ITEM 3, ATTACHMENT 26PFA Exhibit "X" Packet Pg. 81
From: Kelley B. Duke <KDuke@irelandstapleton.com>
Sent: Friday, May 6, 2022 4:24 PM
To: fredl@bell-law.com
Cc: Dino A. Ross <DRoss@irelandstapleton.com>
Subject: PFA/Lesondak appeal
Fred:
Nice speaking with you this week. As we discussed, Poudre Fire Authority (PFA) is interested in reaching
an amicable solution. We find that it is best to work together given both parties have a vested interest
in providing a safe environment compliant with applicable fire code while keeping businesses open and
profitable.
In summary, this issue relates to a change in use of equipment from the time it was originally
permitted. Mr. Lesondak’s permit was issued with the understanding that his commercial equipment
kitchen appliances would not produce grease-laden vapors. A fire inspection revealed that the
arrangement of the commercial kitchen appliances had changed from what was originally approved, and
that a Hobart pizza oven is being used in a manner that produces these grease laden
vapors/smoke. The fire code requires that all commercial kitchen appliances that produce these types
of vapors and smoke be protected by a Type 1 exhaust hood with an integral suppression system.
I believe you have a copy of all of the correspondence in this matter (which explains these issues in
much more detail), but if not let me know.
A couple of suggestions have been floated for your consideration. One solution is the replacement of
the Type 2 hood with a Type 1 hood. If that isn’t economically feasible, Mr. Lesondak could go back to
the way he was originally using the equipment, consistent with the way it was originally approved and
permitted. PFA has several recommendations for contractors that routinely work to get businesses into
compliance with the fire code. We would be happy to pass those names along if that would be helpful.
Again, PFA remains opens to creative solutions on how to solve these issues and welcomes any ideas
your team may have. I look forward to working with you.
Talk soon and have a good weekend,
Kelley
ITEM 3, ATTACHMENT 27
PFA Exhibit "Y" Packet Pg. 82