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1. Ordinance 1691 - Planned Unit Development Agreement Amendment - Boiler Room - 1st ReadingPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone. (406) 755-7940 Fax: (406) 755-7739 www.kafisvell.eom/planning REPORT TO: Kalispell Mayor and City Council Kalispell City Planning Board FROM: PJ Sorensen, Planner II Jane Howington, City Manager SUBJECT Boiler Room PUD amendment request MEETING DATE: February 22, 2011 BACKGROUND: The Boiler Room (53 5 81h St E) is a coffee shop located in the Courthouse East PUD. Prior to the PUD, the property housed, at various times, the hospital, court rooms, and county offices. In Zoos, the Council approved the current PUD, which was adopted primarily as a residential PUD with other mixed uses, namely offices, artist studios, and a coffee shop intended to serve the residents of the building. Since that time, a bakery and a drive -through window at the coffee shop have been added as permitted uses. The Boiler Room would now like to serve beer and wine under an on -premises consumption beer/wine license. The application for the transfer of the license (currently as a beer -only license with no gaming) is pending with the Montana Department of Revenue. The PUD agreement does not provide for service of beer/wine as an allowed use within the PUD. However, the agreement does contain a process for amendment requests to be filed with the Site Review Committee. The Committee then makes a determination as to whether the requested amendment is minor or major. Minor amendments can be approved administratively. Major amendments are forwarded to City Council for consideration. We received an amendment request from Vince Padilla on behalf of the Boiler Room on January 4. At the January 6 meeting of the Site Review Committee, it was determined that the request is a major modification to the PUD requiring approval from the Council. Staff did discuss the matter with the Department of Revenue. At this point, it essentially comes down to a Council decision. Their standards are met. The Boiler Room is within the Kalispell licensing area, and it meets the separation requirements from the school. The separation is measured as being at least 600 feet door -to --door along the same street, and the school door and the Boiler Room door are on different streets. The license transfer is currently on -hold pending a determination as to whether the city zoning is met. If Council votes to approve the PUD amendment, the Department of Revenue will approve the transfer. If Council votes to deny the PUD amendment, the Department of Revenue will not approve the transfer. Public notices were sent to property owners within 150 feet of the property (excluding rights - of -way). Any comments received will be provided to the Council by the City Clerk. RECOMMENDATION: A motion to either approve or deny the ordinance would be in order. FISCAL EFFECTS: Minor positive impacts. ALTERNATIVES: As suggested by the City Council. ATTACHMENTS: Letter requesting the amendment from Vince Padilla Respectfully submitted, PJ Sorensen Planner II Report compiled: January 31, 2011 c: Theresa white, Kalispell City Clerk Jane Howington City Manager Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 Aft AUTHORIZING 1= ORDINANCE ADOPTING CO URTHOUSE PLANNED UNIT DEVELOPMENT 1 BY ORDINANC NO, 1538 IN CONNECTION WITH THE SALE OF BEER AND WINE. I WHEREAS, the City Council of the City of Kalispell by Ordinance No. 1538 approved the Courthouse East Planned Unit Development on June 20, 2005, and WHEREAS, Vince Padilla, as the managing member of Boller Room LLC, located within and subject to the terms of the PUD, has requested an amendment to the Courthouse East PUD in order to sell beer and wine in the "Boller Room" coffeehouse, and WHEREAS, the sale of beer and wine is not a permitted use within the Courthouse East PUD and is considered to be a major amendment to the existing PUD and therefore is a determination for the City Council to male, and WHEREAS, based upon the application submitted and all evidence provided to the City Council In writing and orally at public hearing, it is in the best interests of the City of Kalispell that the Courthouse East Planned Unit Development be amended as set forth below. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION Ia That the Courthouse East Planned Unit Development shall be amended to provide the following: 1 S. The sale of alcoholic beverages shall be limited to the existing footprint of the Boller Room premises at the Courthouse East PUD and shall be limited to the sale of beer and wine. 19. There shall be no gamming permitted within the Courthouse East PUD. 20. There shall be no signage or advertising visible on the outside of any premises within the Courthouse Fast PUD that is associated with the sale and consumption of alcoholic beverages. This prohibition shall include, but is not necessarily limited to, the display of wall signs, window signs, pennants, streamers, banners, and other temporary signs. 21. Alcoholic beverage sale shall be limited to the hours of 4 p.m. to 10 p.m. 22. Sale and consumption of alcoholic beverages shall be limited to indoors only. Outside (including roof top) sales and consumption of alcohol is prohibited. SECTION . This Ordinance shall tame effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALIS PBLL, MONTANA, THIS � DAY OF 12011. Tarr mi Fisher Mayor ATTEST. Theresa white City Clerk The Boiler Room LLC's Request to sell Beer and wine Kalispell City Sirs, The Boiler Room LLC located at 535 81h St B in Kalispell, NIT. would like to request permission to sell beer and wine at our establishment. The Boiler Room has negotiated a contract with the Purple Parrot LLC. They would be locating their business within The Boiler Room with the purpose of selling beer and wine. Vince Padilla will be managing the Purple Parrot for the owners. The intent of this request is to provide an alternate to coffee for our customers in the evening hours. This has been requested by many customers since we have opened our doors. Since the closure of some establishments in Kalispell people have less locations in town to choose from to enjoy a quite evening with food and drink. We also have entertainment on occasion and customers would like to enjoy a beer or a glass of wine while enjoying the entertainment. The beer and wine will only be sold after hedges School is out of session. Beer and wine will be sold after 4pm on weekdays and The Boiler Room will be closed no later than I opm every day. The Boiler Room has a very good working relationship with hedges School. we donate 5% of our sales between the hours of 3pm and 6prn to the school and have done so since opening our doors in November of 2009. I would be happy to answer any questions you may have in regards to this platter. Best Regards Vince Padilla Managing Member The Boiler Room. LLC. Ph# 406-270-6692 e-mail: vince@northcountryholdin sg coin ups —— ALAEL Ask Montana Departme r�t o Reve'nue --------------- _ .- Dan Bucks Brian Schweitzer Director Governor December 28, 2010 RE: Application for Transfer of Location for Montana Retail On -Premises Consumption Beer Gaming Restricted License No. 07-901-2604-111, Vicki W. Dunaway - Sole Proprietor, PURPLE PARROT, 525 8th Street East (formerly @ 7 I st Avenue East, suites 2 & 4), Kalispell, Flathead County, Montana TRANSFER OF EXISTING LICENSE TO A NEW UNLICENSED PREMISES The above referenced application was received at the Department of Revenue, Liquor Licensing. Notice is being provided to you to give you an opportunity to advise if the applicant and premises meet all the laws and ordinances your office is responsible for regulating. We will be happy to provide any additional information that is needed. Local laws are not enforced through the alcoholic beverage licensing process; however, if there are local- laws affected by this application, compliance with those laws may influence the final determination to issue the license. This is an application for a transfer of location for the above -referenced license to new premises (625 8th Street East, Kalispell); premises not currently licensed for the consumption of alcohol. Building,_ health and fire approval will be required before department approv,all b`nsidered. If any agency determines deficiencies exist that should be considered in the issuance of this license, please advise this office in writing by Janua 28 2011. If we receive a determination of a local deficiency, the license application process cannot be completed until the issue is cleared up at the local level. In addition, if we receive a written protest -against the issuance of this license, a public hearing will be scheduled. If you have any questions, please call (406) 444-0728. Sincerely, Delores Stroh Compliance Specialist Department of Revenue Liquor Licensing P O Box 1712 Helena MT 59624-1712 c: Department of Labor & 'Industry Montana Beer and Wine Wholesaler Association revenue.mt.gov ■ Toll free 1-866-859-2254 (in Helena, 444-6900) 1 TDD (406) 444-2830 &*—*4d -W--% -1 T -W-'-% A w r m U I v IJ Al�" I' I --ft r B -T--% -w- -v- F IK u AR'%17' 149 2ufll Theresa n�u .. ✓ � ems. �ae«�n .. .. ... ,�., �• 1 From: John Venters [ventej07@hotmail.com Sent: Monday, February 14, 2011 8:29 PM To: Theresa white Subject: The Boiler Room To Whom It May Concern, I live just a few blocks away from The Boiler Room and it has served as great gathering place for this whole side of town, Every time I visit I'm impressed with the service I receive; fast, friendly and professional. Vince and Charlotte Padilla are some of the kindest business owners I've had the pleasure of meeting and I believe this neighborhood would benefit greatly by having a place to meet where you can socialize and have a glass of wine that isn't a bar. It is a completely different environment and I believe it would be treated as such. I believe that the majority of the locals that are against The Boiler Room getting its liquor license are those that have never even stepped foot inside and don't really know what kind of establishment it is. They act like it's going to turn into the VFW and there will be drunk people walking by their houses at all hours of the night. That's completely preposterous, if you want to see what it might resemble tape a look at Luna's Wine and Coffee Cellar in Bigfork. Anyways, I could go on forever, they're responsible and they deserve the increase in business that would ensue. Sincerely, John A. venters � � -5--a ...... ..... e I meant to thank you for the opportunity to share my disappointment and anger against the Boiler Room. I apologize if I was out of line and embarrassed any of the council. I'm still totally disappointed that a business owner has no more respect for his neighbors. Being the first time to a council meeting, not knowing the process, I realize that waiting to speak and hearing what every one has to sad is an advantage but I failed to really address the real issue, which is a beer and wine license in a school zone and residential neighborhood. Let me speak from experience and from my heart. Spending 25 years on the Fire Department operating the Ambulance going on many calls involving car accidents with alcohol involved, I have seen Lives and property ruined. It seems that our society is so mellow at excepting the facts that one glass of wine or beer is A. Many can't even handle one glass. The Flathead Valley has one of the greatest alcohol problems in the state. It also seems like the law makers in the state have a problem with trying to make harder tougher laws because it would effect them. The law enforcement officers are the best to inform us on the number of alcohol problems. It seems that no one thinks it a big issue until one of their loved ones are injured or killed by a drunk driver. The reason I say this is because listening to the neighbors for the beer and wine license. They don't really want to admit that there will be a problem. It will happen, sooner or later, some lives or property will be ruined in the neighborhood because someone over indulged at the Boiler Room. Like I mentioned about the bucket of worms, W. Padilla only wanted a coffee house, now he is asking for a beer and wine license with more loud music Thats the first slimey worm coming out, what will be the next one and the next? This is why we have the zoning already established so there will be no conflict between business and home owners rights. PLEASE, PLEASE BE WISE IN MAKING THIS DECISION Thank You for all your hard work Floyd Bechtold. 7476 1h . Ave. E. 270-3674 . r .`•, Mayor Fisher and. Counsel Members:ri It is me again, I'm going to be like a bad penny. �= : ; _ _ A,' All of the suggestions that others made about Mr. Padilla turning tl S 11�. 6 �' �` �� � bar/dance hall with later lours is already true. These pictures are off his internet site. This is what went on every weekend last summer. The Boilerroom also served margarita's, the partying went out into the parking lot also. I do not exaggerate (see pictures). Pleasetakethe time and go on the BoilexA ooms Internet site"lt 7.//�,N 7 i. boa err � .� b...r V i Y Lf / and see what hat is going on. They took me off their e-mail list, wonder whir? Da you really believe This is going to be a quiet beer and wine bar.? I checked with Delores Stroh, Helena Department of Revenue Liquor licensing and she said it is the law that the Boilerroom would need signage showing from the outside. The lawyer from Billings was blowing a lot of smoke or does not know the law, He said the Boilerroom doesn't need signage. Helena Alcohol licensing department said they are also watching this situation closely. I have heard that many of you are split an this decision and were thinking that the Hedges School should be the deciding factor. I talked with Darlene Schottlel, District 5 school superintendent, and their lawyer advised them to remain neutral. With that being the situation you cannot use them for a measuring stick. Again this is not in the best interest of the school children, visiting children that use the ball park or the play ground_ Our numbers already don't look positive in alcoholism as a state goes. Having alcohol in a school and residential zone is not preventing but turns the focus on the use of alcohol. This will strongly influence attitudes and behavior regarding alcohol. And indoctrinating children at such a young age, saying 'yes, we think alcohol is OK' is not sending the correct message I feel. Does it matter haw high end or low end the establishment is? Alcohol is alcohol. Is this helping to shape appropriate attitudes? Thank for your time, Floyd Bechtold 747 6th Ave East", Kalispell The Boiler Room -- Coffee, Food and Lire Music >} Gallery Page 17 of 17 httn-://www.boilerroombrew-COM/?Daae id=201 2/15/201I -JL' .A..111 1 l �.v��.�..� JL V Vu LgJ-L4R J J1 r V iVJLt4OJLV If LJ UIltrlY r a C I I 01 1 1 Thanks to everyone who came out and who played. Don't forget to come back in 2 weeks! (21/21) http:l/www.boilerroombrew.com/?page 1d--20I 2/1512011 The Boiler Room — Coffee, Food and Live Music >> Gallery Page 17 of 17 httn•// ww_boi1e- roornbrew_coml?t)a.�e id=Zo 1 2/15/2011 Therese White From: Michelle Anderson Sent: Wednesday, February 16, 2011 7:44 AM To: Tom Jentz; Sean Conrad; PJ Sorensen Cc: Theresa white Subject: Fvll: Boiler Room beer & wine license co-:•11:1 11 ,....:-...,_.:• .................»•....-«..--,..,... I'll ....,......,.,..........,...«,...,_,....t.,.w:.,..;w>..ce......r.... .+ =..,,...,..,..v,.....11 . v...c. . .....a.._veA1_11r.,.rar, 11.,_ ..-..r,.... �. s. „...—. s.......u=..........-.._r...,....­.a,1-11.. Nam.... ,a..,....-.t"... .,...........,,........ .,...nv ... .v...:.. "1 From: Don Nelson rmailto:ram parts@montanasky.netl Sent: Tuesday, February 15, 2011 9:11 PM To; Michelle Anderson Subject: Boiler Room beer & wine license Dear Mr. Jentz I understand from what I read in the Interlake that the City Council is considering issuing a beer and wine license to an establishment on 5th Ave. east. I do not know if you have input on the matter but if you do I hope you remember the trouble that the neighbors have with the Scoreboard Bar. A number of years from now when the neighbors are calling the police about the problems caused by a bar in a residential neighborhood and the police responding with "there's nothing we can do". It will be a very difficult situation to fix. It is very hard for the bar owners to control their customers in the parking lot at tam when they are fighting and doing burnouts with their cars. It makes absolutely no difference what the bar owner says he will do or not do at this time. I hope this request will be handled with foresight and with the neighborhoods best interests as a priority. Thank you Don Nelson Theresa White From: Joanne White Doannej @ bresnan.net] Seat: Wednesday, February 16, 2011 1 :29 AM To: Theresa White Subject: Fv : Attachment City Council Members. I feel strongly that this is a residential area, not a commercial area. If the owners want to have a quiet little coffee and sandwich shop to accommodate the residential area, that is one thing; but to have a Bar of sorts is not acceptable. Not only is this a quiet neighborhood, there is a school directly across the street and in the summer time many children play on the school ground. On more than one occasion while driving down the street that runs between the school yard and the Broiler Room I have seen a car speed out of the lot and slide or appear to almost lose control. If liquor is involved and a child is in the way, it could be an accident waiting to happen. The point is, this is a residential area NOT a commercial one. I sincerely hope you do not allow the permit to be given to the Broiler Room. Thank you for taking the time to research the area, Mr. and Mrs. lion white Theresa White From: George Taylor grt777 montanasky.net] Sent: Wednesday, February 16, 2011 1214 PM To: Theresa White Cc: Rebecca G roose Jones Subject: Boiler Room Request to 5ery e Alcohol Members of city Council I understand the council will take up the matter tonight of the Boiler Room serving alcohol. I respectfully request that any grant of permission be accompanied with abatement requirements on noise, vandalism, traffic and parking, off -premise service and safes, signage and zoning. I believe all these factors will be presented in depth at tonight's meeting. Most importantly, I believe it to be in the greater good of the surrounding residential community that any license to serve alcohol at the Boiler Room be accompanied by reasonable abatement restrictions. Respectfully, George R . Taylor 504 5th Avenue East Theresa White From: Floyd Bechtold bechtold @ bresnan.net] Seat: Wednesday, February 16, 2011 12:57 PM To: Theresa White Subject: Against the Beer and Wine License for the Boilerroom Dear Mayor and Counsel Members: I'm not against alcohol. I'm against having a bar across the street from an Elementary school and changing our zoning f rom residential to do it. I've heard that because they are not on the same street that the front door of the school opens on and 610 feet from them - that the go for a license is accepted. The Hedges Elementary schools playground faces the Boilerroom - Yes, directly across the street. We should not be corrupting our children into accepting alcohol as the choice of drink no matter how high class they imagine the Boilerroom to be or well be. The statistics for alcoholism in Montana is staggering and I do not wish to see this establishment blatantly exposing our children ages 5 and up into accepting alcohol because of someone's hedonist desire for the pleasure of a brew closer to home. Have any of the opponents for the Beer and Mine license that the Boilerroom is requesting in Kalispell —actually give positive motives for having a bar across the street from Hedges Elementary school or destroying a peaceful historical Kalispell residential neighborhood? Is this to be an Entertainment zone? The zoning should regain a residential zone. I am also against the disregard the Boilerroom already has shown its near by neighbors. I assume the Boller room received a special license to serve alcohol last year and a permit to play music every weekend. The Eastside Brick (where the Boilerroom is), formally the old hospital was built to be sound proof for obvious reasons. No one living near by wants to hear code 10 or the words `crash cart' or a mother giving birth.... The new residents of the building do not have our experience at hearing this music. It is played so loud I have to close my windows and turn my Tv on and up to cover the noise. our homes near by are not sound proof so the music the Boiler play and plans more in the future so carefully for - bombards into our homes --being invasive. My husband (and others) have called the police but it is not the police departments job to continually make a business quiet down or close a business. They kept their doors open pass 10 pm at night. Is this showing responsibility in a residential zone? I'm not anti alcohol or anti. business. I work here and planned and have lived here in my home for nearly 20 years, this is just not right. Please help stop this. I am a parent and grandparent. Having our children exposed directly to alcohol so early (this is an Elementary School) and having the safety issue compounds my desire to see this establishment not receive a Beer and wine license and to change our zone. I see children at all hours playing in the street, skateboarding, biking, running after baseballs, basketballs in the street at all hours because the playground (Edges school) and a park are also right across the street from me, and the Boilerroom. And some of the drivers from the bar will be driving buzzed. My home is at the moment residential zone. Can you help keep it that way? Thank you for your time, Floyd Bechtold Leigh Ann Bechtold 747 Bth Ave. East Kalispell, MT 59901 Theresa White From: Laura Ennis [lennisOl @ montanasky.coml Seat: Wednesday, February 16, 2011 2:26 PM To: Theresa White Subject: Boiler Room Dear council Members: Please consider Hedges Grade School and the young families who live in east Kalispell. our children do not need a negative (alcohol) externality in their learning environment. There is a place for alcohol, and it is not in my back yard or next to our grade school playground... Let the children be young and innocent, there is enough influences in their lives. Please do not allow alcohol to be served at a neighborhood coffee house. Thank you, Laura Ennis Theresa white From: jpress @ centurytel.net Sent: Wednesday, February 16, 2011 4:42 PM To: Theresa White Subject: Wine and beer permit for Boiler Room Dear city councilmembers: While I have very much appreciated having the Boiler Room as a community coffee house and meeting place, I am strongly opposed to allowing alcohol sales under any circumstances in a residential neighborhood, with an elementary school right across the street. There are numerous other existing locations in the commercial areas of Kalispell for such services. I would appreciate your vote to deny this PUD amendment. Thank you. Lex Blood 844 Third Avenue Cast Kalispell Therese White From: office 2004 Test Drive User [lreasuresla#e @ bresnan. net] Seat: Wednesday, February 16, 2011 4:37 PM To: Theresa White Subject: Boiler Room February 16, 2011 Re: TEN reasons to deny the request to serve alcohol at the Boiler Room Dear Mayor Fisher and Council Members: I'm completely mystified over what loophole the Boiler Room has found in order to be serving beer and wine already, in a zone that doesn't currently provide for the service of alcohol!? I've "heard" but certainly not confirmed that they do this via Fat Boy's license. Having said this I'd like to ask you to swiftly and unanimously deny the Boiler Room's request to serve alcohol in our neighborhood and across from a school and family recreational space. 1. The Council has been presented No compelling reason that justifies changing the zoning laws. No evidence of financial, environmental or health factors at play here. There is no justification for the city to take on the cost of staff time trying to facilitate operational conditions for an ill placed bar. wine and beer is NOT necessary or even desirable for the Boiler Room to continue its' business or to be an asset to the neighborhood. 2. The developer/owner has quickly turned what was peddled as a coffee house into a live entertainment l evening venue. It was built with a stage and seating for over 100. (Per the Daily Inter Lake 3129110) Alcohol and live music is a bar scene not a restaurant scene. This is not the morning coffee & pastry shop neighbors envisioned. 3. Comparing the Boiler Room to Capers or the Alley Connection is comparing apples to oranges. Yesterday the radio announced beer and wine would be served at the Boiler Room on Feb 25th. I don't recall any mention of their high -end restaurant or coffee products. Just live music and alcohol. 4. Comparing the Boiler Room to urban coffee houses that may serve alcohol disregards the reality that those are located in commercial zones away from long established schools and single-family residences. 5. The strong .response to this request demonstrates how POPULAR the Boiler Room will become if alcohol is allowed on site. There's no denying that a great venue for the art and music community and their patrons (of which I'm one) is certainly long over due, but this is the WRONG location. Unfortunately now that Reds has closed (which was very popular and congested) the Boiler Room is poised to replace it. They're similar in venue, appeal, size, format, live entertainment, style and clientele. Everything is similar.... except their surroundings. If the same large clientele patronize the Boiler Room our little residential neighborhood will not only be crowded with non -local traffic, the Historic East Side Neighborhood could now boast being on Kalispell's alcohol loop off of Main Street. 6. Approval of this request would be contrary to the Growth Policy that states we're to "Maintain the integrity of well -established residential districts so that they are bicycle safe and pedestrian friendly." No reasonable person can deny that, with the sale of alcohol, the odds for buzzed driving (a.k.a. drunk driving) will dramatically increase in our neighborhood. 7. I'm opposed to the subtle but increasing commercial encroachment in our neighborhood. The Growth Policy (under business and industry) specifically lists the goal of "Maintaining the integrity of well -established residential areas by avoiding the encroachment of incompatible uses." Adjacent owners of commercial building could eventually sell, and given the potential popularity of the Boiler Room with alcohol sales, it's not unreasonable to imagine another "restaurant, bar" or retail enterprise wanting to open up across the street. By granting this request, the Council could set a precedent for the East side to have a commercial district, in direct contradiction to the growth policy. This is a perfect example of commercial creep into a residential neighborhood and school zone, where adjacent homes are eventually bought up for commercial enterprise. 8. one of the residents of the Eastside Brick introduced himself to me Friday night. This polite and thoughtful gentleman told me that he had written to the City Council, a letter of support for the Boiler Room and now says he's changed his mind after hearing more information. This is testament to the fact that there are far more issues at stake here than someone being able to have wine with their dinner. Zone changes have far reaching implications and shouldn't be changed lightly. 9. As adjacent neighbors we've had a mere 3 weeks to learn about and respond to an overwhelmingly significant change in character to our neighborhood. This issue has arisen during a time when many nearby homeowners are out of town for the winter. It's been difficult to compete for the Council's attention with the Boiler Rooms Facebook page and website, of 700 and Soo customers combined with the music and art community advocating for them. while a few nearby residential homeowners may like the idea, most comments came from. Boiler Room staff, friends, associates and musicians with vested interest. Few of those live nearby. 10. Yes ...Kalispell needs a venue like this but not next to homes and schools. we actually NEED it... anchoring the downtown. Not sandwiched deep within ANY of our residential areas and school zones. I respectfully submit to the Mayor, Council, friends and neighbors, that If a developer can change the character of a neighborhood within 3 short weeks of notice to neighbors.....I suggest all city residents need to look around their neighborhood and carefully consider what developers might have in mind next door to their quiet residential, non-commercial neighborhood. Thank you for your careful consideration of a very important matter and I once again urge you to immediately and unanimously deny this very bad idea for our neighborhood and children. Sincerely, Rebecca Groose-Jones 630 5th Avenue East Kalispell, Montana 59901