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02/07/11 City Council Minutes
LEN M, -MM awk1lexel , !1 201DINIM-1111 JIM ATKINSON, KARI GABRIEL, BOB HAFTERMAN, RANDY O 1 PRESENT. Also present: City Manager Jane Howington, City Attorney Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Fire Chief Dan Diehl, Parks Director Mike Baker, Planning Director Tom Jentz, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. 1 11, R , 0 ! Gabriel moved to approve the agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. 1. Council Minutes — Regular Meeting — January 18.2011 2. Recognition — Reserve Police Officer Doug Wilkey has completed all phases and requirements of the Kalispell Police Reserve Officer program. Larson moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Bette Albright and Dave Jones, members of the Street Tree Commission, presented the Mayor with the 2010 Urban Forestry Excellence Award, which was announced at the Montana League of Cities and Towns Convention in October. Pam Carbonari, 120 Sunset Court, invited the public to the first Chocolat Affaire, a chocolate tasting, that is being held on Friday, February 11 from 5:00 until 7:00 pm in 32 downtown stores, with music until 10:00 pm. Kalispell City Council Minutes February 7, 2011 Page 1 Chris Hall, 115 West Evergreen Drive, commented that he went on a ride -along with the KPD and it was a great experience, but he noted the patrol cars do not have snow tires and asked council to budget for them. Steve Eckels, 20 White Bark Lane, representing the Quiet Skies group, commented that data was missing at the Stelling airport master plan open house. He said no data was presented on flight origins; alternate uses of the airport property were not listed; and there was no appeal to pilots to use good manners. Scott Davis, 448 5th Avenue West, complained that aircraft are still flying over his house and he was told they are coming from GPI. He said if that is the case they are in violation of the 1000 foot rule and he requested a work session to review the airport's rules and regulations. Fred Hammel, 505 7th Avenue West, stated the airport manager makes too much money for a part- time job and asked that the "no parking" laws be enforced for snow removal on city streets. 11 i :III IIIIFIXI M01-1301-1 Vince Padilla has requested an amendment to the DEV Properties Planned Unit Development agreement to allow the Boiler Room to serve beer and wine during evening hours. Mayor Fisher opened the public hearing. Proponents Vince Padilla, 723 5th Avenue East, Suite 310C, the Boiler Room owner, clarified that they want a beer and wine license and not a full liquor license because they have received many requests from their customers for beer and wine in the evening. He said they have a good rapport with the school and neighbors and they want to offer something other than coffee to their customers. Kathy Fisher -Rose, 626 2nd Avenue West, stated she owns a unit at Eastside Brick and feels the Boiler Room is a classy and sophisticated place. She said it is a good addition to the neighborhood and she supports their request to serve beer and wine. Phillip Chrisman, 645 5th Avenue East, commented the Boiler Room has .enhanced the neighborhood and he has not noticed a noise problem that others are concerned with. John Hinchey, 534 4th Avenue East, stated the Padilla's have done wonderful things with the old hospital and he sees nothing wrong with allowing the Boiler Room to serve beer and wine. Sara Palifka, 723 5th Avenue East, #218, noted she also hasn't experienced a noise problem, adding the Padillas care about the community. Margaret Lekander, 621 5th Avenue East, stated she enjoys what the Padillas have done with the Eastside Brick and the Boiler Room and she loves the music; beer and wine is not a big issue. Kalispell City Council Minutes February 7, 2011 Page 2 James Healow, attorney, 312 Clark Avenue, Billings, representing Vicki Dunaway, the owner of the beer/wine license, pointed out that a recent letter to the editor opposing the beer/wine license contained "hyperbole and red herrings". He said there will be no outside signs, no gambling, and no full liquor license. Healow asked council to place conditions on the business if they find them necessary; the alternative could mean an empty store front. Alex Hogle, 628 loth Street East, stated the sustainability element is vital. He suggested that reasonable conditions be placed on the business and asked that music be allowed on a limited basis on the roof without amplifiers. Michael Whitcomb, 524 East Evergreen, said he has an insurance office in Eastside Brick and he has been impressed with their pro -community ethics. He said he supports the Boiler Room having a beer and wine license and he is comfortable with the request. Frank Weiss, 523 5th Avenue East, #211C, remarked he really enjoys the coffee shop and would hate to see it go under; a beer and wine license is not a problem. Neill McShea, 723 5th Avenue East, #311C, noted he is the Padilla's son-in-law and does the marketing and website work for the Boiler Room. He said acoustic coffeehouse music is played and they don't want to turn it into a "bar". Allison Mouch, 385 2nd Avenue West North, said she used to live at Eastside Brick and the Boiler Room is an asset to the neighborhood. She suggested a compromise with the hours and noise levels. Scott Davis, 448 5th Avenue West, suggested a condition limiting the number of drinks or only allowing drinks with food purchases. Charlette Padilla, 723 5th Avenue East, noted that people are afraid of change, but she is proud of Eastside Brick and feels it has been a positive change. She emphasized they want to keep the Boiler Room the same coffeehouse atmosphere with the addition of responsible alcohol consumption. Opponents Leann Bechtold, 747 6th Avenue East, stated this request is incompatible with the residential and school neighborhood; kids play in the park and it would not be safe. She said this is not an entertainment zone. Floyd Bechtold, 747 6th Avenue East, said during the summer months kids are playing on the playground and at the ballfield until 9 or 10 p.m. He also argued that he has a right to peace and quiet and to enjoy his home without loud music. Chris Hall, 115 West Evergreen Drive, remarked this is a residential area. He said coffee is not disruptive, but alcohol changes things and could turn the place into a bar atmosphere. Kalispell City Council Minutes February 7, 2011 Page 3 Greg Ennis, 810 7th Avenue East, remarked this is the wrong place for beer and wine; alcohol across from a school should not be allowed and the neighborhood is quiet and safe now. He said there are zoning rules for a reason and this is a slippery slope that would open a can of worms. Greg Cornell, 629 4th Avenue East, commented he is also worried about the slippery slope. He said the best thing is not to allow alcohol in neighborhood areas. Rebecca Groose-Jones, 630 5th Avenue East, read a letter from her daughter opposing the change and stated she appreciated the notice she received about this. She said this is a great idea, but not in a neighborhood and the recession is not a good reason to change an underlying PUD zone. Carlos Hernandez, 1107 5th Avenue West, commented that he graduated from an alcohol treatment program and this could be very hazardous with potential buzzed drivers and children. Mayor Fisher closed the public hearing. (All written comments received before and during the public hearing are attached by this reference and made a part of the official record) • UX4•: ; . . T, The planning department and planning board are recommending the city council adopt an annexation policy as an amendment to the Kalispell Growth Policy 2020. A public hearing on the proposed amendment would be held February 22. Jentz gave a report and answered questions. Hafferman noted he would like this tabled and a work session be held so the public is aware of the annexation policy. Mayor Fisher reviewed the history of the annexation policy and the work sessions held. Public Comment None. Larson moved Resolution 5477, a resolution of intention to adopt, revise or reject an amendment to the Kalispell Growth Policy 2020 by adopting an Annexation Policy for the City of Kalispell and to call for a public hearing. The motion was seconded. Kalispell City Council Minutes February 7, 2011 Page 4 Hafferman commented as far as he is concerned this is "hoodwinking" the public and he will not vote for it. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Kluesner, Larson, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. •PRELIMINARYPLAT —SPRING PRAIRIE This is a request by Goldberg Properties, Inc. for preliminary plat approval of a 10-lot commercial subdivision north of Lowes, on the north side of Treeline Road, as the third phase of Spring Prairie Center. Jentz gave a report and answered questions. Public Comment Jeff Dillon, Vice President of Goldberg Properties, asked that council approve the preliminary plat application. Atkinson moved Resolution 5478, a resolution conditionally approving the preliminary plat of Spring Prairie Center Phase 3, more particularly described as lying in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. E/3. CONDITIONAL USE PERMIT - DIGITAL SKYLINES, INC. REPRESENTING VERIZON WIRELESS This is a request for a conditional use permit to construct and operate an 80-foot cellular communication tower and an equipment building at 139 Kelly Road. Jentz gave a report and answered questions. Public Comment Kevin Howell, Digital Skylines, offered to answer any questions about the application. Kalispell City Council Minutes February 7, 2011 Page 5 Atkinson Ie1 to approve the conditionalpermit1. Digital conditions. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. E/4. RESOLUTION 5479 - FEMA GRANT ACCEPTANCE i BUDGET APPROPRIATION The City of Kalispell has received a Federal Emergency Management Agency and Department of Homeland Security grant to assist with equipment purchases for the fire department. The federal share of the $5,200.00 grant is $4,680.00 with a city match of $520.00. Diehl gave a report and answered questions. Public Comment None. Larson moved Resolution 5479, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2010-2011 budget adopted by the city council for the purpose of acceptance of a Department of Homeland Security Grant. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. EI5. RESOLUTION 5480 — AMENDMENT — TAX INCREMENT FINANCING GUIDELINES This resolution would amend the TIF guidelines to allow tax increment funds to be used for special improvement district assessments. Harball gave a report and answered questions. Public Comment Scott Davis, 448 5th Avenue West, stated he is not familiar with this, but he was told the resolution is not quite legal. Kalispell City Council Minutes February 7, 2011 Page 6 Saverud moved Resolution 5480, a resolution clarifying the guidelines of the City of Kalispell regarding the utilization of tax increment financing within Tax Increment Districts that have public improvements financed through Special Improvement District debt. The motion was seconded. Council Discussion Hafferman noted he agrees with this because we should do everything we can to help a development be successful. Atkinson remarked he doesn't see a problem with the tax increment monies paying off the SID. Mayor Fisher agreed with Hafferman, adding she has no concerns about this from a legal perspective. 111 11 ,, �H The city manager and city attorney are requesting that the city council give its approval to the settlement agreement tentatively reached by all parties at a mediation conference. Harball gave a report and answered questions, explaining the city will pay Owl Corporation $312,000 and in return take over the water portion of the latecomer's agreement. Public Comment None. Larson moved council approve the tentative settlement agreement between the city and Owl Corporation, et al. The motion was seconded. Council Discussion None. The motion carried unanimously upon roll call vote. The Kalispell Golf Association is requesting the city share the cost of the Stillwater River erosion control project. Howington gave a report and answered questions. Kalispell City Council Minutes February 7, 2011 Page 7 There was discussion about needing more information, but wanting to assist in any way possible. Public Comment Steve Dunfee, General Manager, Kalispell Golf Association, remarked that the initial cost estimate for the project was approximately $100,000. He said a more recent estimate is in excess of that and the KGA doesn't have the type of resources necessary to take care of this problem. Dunfee concluded by stating the KGA will appreciate anything that the city can do to help. Council Discussion Zauner moved to place this issue on a work session. The motion was seconded. Kluesner moved a friendly amendment to add that the city would offer any assistance it could. Zauner concurred. The second did not. Hafferman and Larson stated the council should not commit to anything until more information is received. White clarified the council does not need a formal motion to direct the city manager to place an issue on a work session. Zauner withdrew his motion. F. MAYOR/COUNCIL/CITY MANAGE SPORTS (No Action) None. mmlnaff� The meeting was adjourned at 10:36 p.m. Theresa White City Clerk Approved February 22, 2011 Kalispell City Council Minutes February 7, 2011 Page 8 19=94-1121021 Theresa White From: Sarah Aronson [sarahbaronson@gmail.com] Sent: Monday, January 24, 2011 9:23 PM To: Theresa White Subject: Beer and Wine License I'm writing in support of the Boiler Room being granted a Beer & Wine License. This will add a much needed venue to the Kalispell community. Sarah Aronson 77 Theresa hite From: schristensen@montanasky.net on behalf of schristensen [schristensen@ montanasky.net] Sent: Tuesday, January 25, 2011 9:45 AM To: Theresa White Subject: The Boiler Room Dear Mr. White, As an owner of one of the condos in the Eastside Brick, I am writing to express my support of allowing the Boiler Room to serve beer and wine in the evening hours. Vince and Charlotte are doing so many wonderful things for this community, and it is tough to pay the bills just serving coffee. I believe that serving beer and wine would draw more people to the Boiler Room in the evening hours, and give neighbors and others a great option of a place to go for a light meal or just a social conversation. They also frequently offer open -mike nights or have musical performances, and a beer or glass of wine would be a nice addition. Thank you for your consideration of my thoughts and for your work representing the City of Kalispell. Stephanie Christensen #318, Eastside Brick 1 Dear Mr. White, As an owner of one of the condos in the Eastside Brick, I am writing to express my support of allowing the Boiler Room to serve beer and wine in the evening hours. Vince and Charlotte are doing so many wonderful things for this community, and it is tough to pay the bills just serving coffee. I believe that serving beer and wine would draw more people to the Boiler Room in the evening hours, and give neighbors and others a great option of a place to go for a light meal or just a social conversation. They also frequently offer open -mike nights or have musical performances, and a beer or glass of wine would be a nice addition. Thank you for your consideration of my thoughts and for your work representing the City of Kalispell. Stephanie Christensen #318, Eastside Brick 1 Theresa White From: Peter [peterp@centurytel.net] Sent: Tuesday, January 25, 2011 10:41 AM To: Theresa White Subject: support letter To Whom It May Concern: I support the Boiler Room having a license for beer and wine. I believe it will be a benefit for this coffee house/restaurant which is unique to our community/city and has a vision to promote and encourage the arts including music etc. in our community. I also do NOT believe that their proximity to a school should be an influencing factor in this decision; on the contrary, the record already bears witness to the fact that the Boiler Room has a good relationship in this community, including the school, and has done "promotional" sales raising support for the school. Peter Pelchen, Case Manager Opportunity Resources 945 4th Ave. East Kalispell, MT. 59901 Tel: (406) 755-6344 Fax: (406) 752-1384 75 Woodland Floral and Gifts Penny Niger, President 406-755-5959 647 e Ave. East Kalispell, MT 59901 January 25, 2011 City Clerk Kalisj2ell, NIT 5991 800-755-5960 Fax 406-755-5584 As neighbors of the Eastside Brick and The Boiler Room, we fully support Vince Padilla's request for a beer/wine license for The Boiler Room. The Boiler Room is a fine addition to our neighborhood especially with the musical venue they have provided and the license will enhance those events. Penny C. Kiger, Owner Woodland Floral and Gil Theresa White From: Randall & Becky Heier [rand allandbecky@gmail.com] Sent: Tuesday, January 25, 2011 1:21 PM To: Theresa White Subject: Beer & Wine What a great idea! We definitely would be excited about this change, and would love to come partake in the new selection or drinks! We hope that this change takes place in the near future! -The Heiers 71 Theresa White From: Shelley [shelleyg@centurytel.net] Sent: Tuesday, January 25, 2011 1:44 PM To: Theresa White Subject: Boiler Room wine & beer license Greetings, I am sending this e-mail to express my support for The Boiler Room to receive approval for a wine & beer license. I personally would very much like to see Kalispell have an alternative type place, which The Boiler Room is, to enjoy a glass of wine, etc. other than a full bar or restaurant atmosphere. Thank You, Shelley Garefino 32 Knapp Lane Kalispell, Mt. 59901 [406]250-7887 70 Theresa White From: Carol Buchan [animaidreams@centurytel.net] Sent: Tuesday, January 25, 2011 1:44 PM To: Theresa White Subject: the boiler room Hi, I am in support of the Boiler Room serving beer and wine. I think it will be a nice way to spend an evening, not having to drive somewhere for a casual dinner with local spirits. I live across from the Boiler Room and have enjoyed their coffee and breakfasts. Carol 69 Theresa White From: Brooke Nelson [brookejnelson@hotmail.com] Sent: Tuesday, January 25, 2011 3:51 PM To: Theresa White Subject: RE: Brooke Nelson 722 4th Avenue East Kalispell, MT 59901 406 752-5479 Count me in as a "yes" vote for The Boiler Room's beer and wine license. 67 Theresa White From: Sara Palifka [palifka@yahoo.com] Sent: Tuesday, January 25, 2011 7:39 PM To: Theresa White Subject: Writing in Support of the Boiler Room Beer and Wine License Hello, I am not sure if I will make it to the Feb 7th City Counsel meeting to address this issue. I fully support the Boiler Room obtaining a beer and wine license. I am a resident of the Eastside Brick Condo building as well as an HOA Board member. My bedroom window overlooks the coffeehouse entrance. I had been concerned about possible noise issues when the Boiler Room first opened, but I have never had any problems with excessive noise from the Boiler Room. The clientele that visits the Boiler Room is very considerate, and conscious and I believe the owners run a business that attracts people who like the alternative to a night club. The owners, Vince and Charlette Padilla, have the interests of the community in mind at all times. The Boiler Room is a wonderful addition to the East side and I believe the beer and wine license will just enhance it's offering to the community as well as help the owners ensure it is financially viable in the long term. Sincerly, Sara Palifka 723 5th Ave E Unit 218 Kalispell, MT 59901 "The best way out is always through." Robert Frost Theresa White From: Maureen Redfield [mredfield2@gmail.com] Sent: Tuesday, January 25, 2011 9:14 PM To: Theresa White Subject: wine and beer license We encourage you to grant a wine and beer license to the Boiler Room. This would allow many of us in the area to enjoy music and a light dinner with the option for beer or wine. This would be a unique experience for the community, especially at a time when many of us are dining out less and finding few venues for food and music (especially jazz.) Maureen and Rusty Redfield Lakeside, MT 65 From: Leif Nelson [leifjst@msn.com] Sent: Wednesday, January 26, 2011 10:42 AM To: Theresa White Subject: Boiler room proposal Dear City Clerk: As property owners at East Side Brick and resident property owners at 926 2nd Ave. East we support the Boiler Roc request to serve beer and wine during the evening hours. The Boiler room has been an asset to the community sponsoring many community events even without the chance profit. We support their continued effort to make their business viable. Thank you, Leif Nelson Jenny Simon -Thomas L=J i x P11 L1 0 F-I I IN 63 LL U January 25, 2011 City Clerk Kalispell, MT To the City Council: We support Mr. Padilla in his request for a beer and wine license for The Boiler Room which will expand the possibilities for that business to thrive. The Boiler Room is a very positive addition to the neighborhood and we want to help make it possible for that business to continue. The evening hours for the license would enhance the musical entertainment already taking place at that location. Please give the request your close attention and allow the license. fir-milm Sincerely, 615 _ 71h St. East Kalispell, MT 59901 Theresa White From: Chris Degenhardt [cte48455@centurytel.net] Sent: Friday, January 28, 2011 5:11 PM To: Theresa White Subject: The Boiler Room I am writing in support of The Boiler Room getting a liquor license. My name is Chris Degenhardt and my address is 1144 8th Ave East,Kalispell,MT 59901 Thank you. i Theresa White From: Carmen Padilla [countrymexi@hotmail.com] Sent: Monday, January 31, 2011 10:51 AM To: Theresa White This email is concerning the article that I had read in the daily inter lake. I think that what that lady is saying about the Boiler Rooms motives for having beer and wine for music and other events, is ridiculous! They clearly state to everyone that they are going to take caution, as they too know that they are across from a school and children who come in without parents will NOT be served alcohol. If anything after hours from the time kids get off school to 5 is the time for kids to come in and have their fun independence,as far as after 5 when the music starts and alcohol is served, kids should be accompanied and the owners are not dumb to serve underage kids and teens alcohol. I.D will be taken, there will be a limit to how much someone may have. This Rebecca lady, obviously does not like the Boiler Room or she would support the fact that they are still a coffee shop and not a bar. nor will it turn into a "sports bar" no casinos no machines, it is pearly for the enjoyment of adults to enjoy a nice glass of wine or a nice cold beer. If people would just ask the owners what they are planning then they would not so arrogantly say that they "know" exactly what is going to happen. Also the ridiculous statement for the Pabst beer sign on the building, where do you see that on other restaurants? that is baloney! i think that what the Boiler Room owners are trying to do is get more revenue from this neighborhood, and keep a chill and relaxed zone for people to enjoy. I have said my vote for this and that is a big YES!!! Thank you for reading this. I think that this would be a awesome place for beer and wine. 56 Theresa White From: Marie [marie@montanaradiocafe.org] Sent: Monday, January 31, 2011 5:16 PM To: Theresa White Subject: Boiler Room Coffee Shop To whom it may Concern, I am writing in regards to the Kalispell City Council giving a license to The Boiler Room Coffee Shop to be able to serve beer and wine. My husband, Scott Johnston and I own the Montana Radio Cafe and we think it would be a great thing if The Boiler Room could serve beer and wine. We have helped promote concerts at the Boiler Room in the past and they used Scotty's Bar as their caterer to serve beer and wine for these events. The concerts were well attended and the crowd enjoyed both beer and wine and had a great evening. The concert attenders did not cause any problems in the neighborhood. If Scotty's Bar can cater an event there with alcohol and no problems, why wouldn't the city grant the same privlege to The Boiler Room, a small coffee shop trying to make a go of it, and bringing in good music to help. We promote and put on many concerts throughout the year and have used the KM Building and the KM Theatre in the past for many of them. Without Reds or Reds Roost there for people to buy and enjoy a drink and listen to music, people choose a different venue. We would like to help promote the use of The Boiler Room for concerts with a smaller venue. Thank you for considering granting The Boiler Room a license for serving alcohol. Scott and Marie Johnston Montana Radio Cafe 55 Theresa White From: Amber Steed [acsteed@gmail.com] Sent: Monday, January 31, 2011 6:50 PM To: Theresa White Subject: Please support the Boiler Room Dear Kalispell City Council, I am writing to you in support of allowing the Boiler Room to serve beer and wine. I am a young professional in the community, and a homeowner who lives within a block of the establishment. I enjoy the positive atmosphere and community feel that the Boiler Room fosters and would love to have another option added to the extremely limited list of places to go in Kalispell for good food, great atmosphere, and adult beverages. As a nearby resident I am not concerned with this having a negative effect on our neighborhood. Quite the opposite. We need to embrace places that foster mixing of community members and ideas in a fun and relaxed setting. Thank you for your consideration and please approve the Boiler Room's request to serve wine and beer. Sincerely, Amber Steed 828 7th Avenue East 54 Theresa White From: Darla Harmon [theharmons@centurytel.net] Sent: Monday, February 07, 2011 5:53 PM To: Theresa White Subject: Fw: Boiler Room Request for Beer and Wine License ----- Original Message ----- From: Darla Harmon To: white(a)kalispell.com Sent: Monday, February 07, 2011 8:41 AM Subject: Boiler Room Request for Beer and Wine License To whom it May Concern: I am writing in support of the request by the Boiler Room for a beer and wine license. I am a frequent customer at The Boiler Room and would love to see their business thrive. They bring in wonderful musicians and the atmosphere is that of a coffee shop, not a rowdy bar. It would be an enhancement of their business and allow them to continue to bring quality musicians to the valley without loosing money. Unfortunately, prior commitments prevent me from attending tonights meeting. Thank you for your careful consideration of their request. Respectfully, Darla Harmon 32 Willow Drive Kalispell, MT 59901 752-3255 Theresa White From: gary lobban [garylobban@yahoo.ca] Sent: Wednesday, February 02, 2011 5:29 PM To: Theresa White Subject: Permit for "Boiler Room" This is a simple message concerning the beer and wine permit for the Boiler Room stating a strong vote for this to be passed by council. This establishment works hard day to day to provide a service where local friends and neighbors can meet in a quiet atmosphere for simply lunches, visiting, meetings, personal work requirements, or listening to great music. This permit would make this place a good experience for all who wish to use special place. Resident of East Side Brick Condo Development, Gary Lobban 0 40 Theresa White From: Angie LeDuc [Angie@kalviglaw.com] Sent: Thursday, February 03, 2011 3:18 PM To: Theresa White Subject: The Boiler Room's Request to serve beer and wine To the Members of the Kalispell City Council: This email is to voice my support for the Boiler Room's request to serve wine and beer at its establishment. We need to be providing local businesses with all the tools in our power to assist with and facilitate their success. Oftentimes, for many local restaurants, the ability to serve alcohol on its premises is the difference between staying in business and having to close up shop. The vandalism and other issues the vocal minority are complaining about have nothing to do with alcohol and everything to do with underage kids who are in high school and elementary school getting into trouble. The Boiler Room's ability to serve an adult over the age of 21 a glass of wine with their dinner has no bearing on the issues of neighborhood vandalism, and it is simply naive to assume otherwise. The addition of businesses such as the Boiler Room that can survive and even flourish in our town increases the appeal and character of our area. I am hopeful you will use your good judgment in this manner and grant their request. Angela M. LeDuc, Esq. Kalvig & LeDuc, P.C. 1830 3rd Avenue East, Ste. 301 P.O. Box1678 Kalispell, MT 59903 (406) 257-6001; FAX 257 6082 This email transmission may contain confidential information and also may be legally privileged as an attorney -client communication. It is intended solely for use by the individual or entity named as recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify the sender and delete the copy you received. Thank you. IRS Circular 23o Disclosure: To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding tax -related or other penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax -related matter addressed herein. 38 Theresa White From: Josh Auerhammer O.auerhammer@gmail.com] Sent: Thursday, February 03, 2011 5:43 PM To: Theresa White Subject: The Boiler Room Liquor License I would like to support the Boiler Room in getting their liquor license. Times are tough and people are still trying to open new small businesses in this hard hit area. Why would you impose anything that would hinder their success and allow them to create jobs? Joshua Auerhammer Chef/Owner Culinary Design Studio Bigfork, MT 59911 406-270-4255 Culinary Design Studio on Facebook 37 Theresa White From: mattstudy@hotmail.com Sent: Thursday, February 03, 2011 5:53 PM To: Theresa White Subject: Boiler room I sent a previous email but forgot my info. Once again I support the boiler room serving beer and wine! Matt Study 312 Edgewood Dr. Kalispell, MT 59901 406 2603117 Sent fiom my Verizon Wireless Phone W. Theresa White From: toby ferguson [tobyferguson@hotmail.com] Sent: Thursday, February 03, 2011 5:56 PM To: Theresa White; Theresa White Subject: Beer at the Boiler Room Kalispell is my beloved home town and I live here currently. I am long time fan and follower of the live music scene. There are 2 places here a person can have a beer and hear some live music. The Blue Canyon and Fatt Boys. Fatt Boys is disgusting and Christian Johnson has a musical monopoly at the Blue Canyon. Therefore, if you prefer anything other than butt rock with the ruffians at Fatt Boys or a thousandth dose of Johnson,... you're taking yourself and your money down the highway to one of the small surrounding towns. Unbelievably, said surrounding, much smaller, towns offer an infinitely greater variety of musical options to sip a beer to. It has long boggled my mind why Kalispell wouldn't try to keep more of their 50,000 residents spending their musical entertainment dollars in town. Most of the people filling the venues in surrounding towns live in Kalispell. Can we get a decent option here, please? 35 Theresa White From: Neill McShea [neill.mcshea@gmail.com] Sent: Friday, February 04, 2011 3:56 PM To: Theresa White Subject: Fwd: Neighborhood letter to be printed Attachments: BoilerRoomLetter. pdf Hi Theresa My name is Neill McShea and I am sending this email on behalf of Vince Padilla. There has been a few individuals in the Neighborhood that have been trying to accuse Vince of not communicating our ideas about the Beer and Wine application. This of course is not true and we would like to submit our recent letter to the neighborhood so the council will know that we have not been hiding anything from the community over the last few months. The beer and wine subject was brought to the attention of the school principal before we applied for the licence. Customers of the Boiler Room for over a year have been requesting that we bring in wine as an additional menu item. We have involved our customers in this decision through our newsletter list and facebook both of which have over 500 and 700 people in them respectivly. These emails and conversations have been going on for months about this issue and a very large majority of this audience are our neighbors. We feel we have done all we can to take into account the feeling and concerns of our neighbors. The fact that this is going to be discussed at a council meeting, was, in our opinion, the official notice that needed to be given to the community. Nothing is yet set in stone, and this is the appropriate forum to debate it. If this email and the neighborhood letter attachment could be passed out to all involved with the proceeding on Monday evening that would be great. Thank you Neill McShea 31 From: Irene Stone [ios1954@yahoo.com] Sent: Saturday, February 05, 2011 10:09 AM To: Theresa White Subject: support for Boiler Room liquor license I live on 4th Ave East, just a few blocks from the Boiler Room. I would like to express my support for them obtaining a liquor license. It is a great little place and would only be enhanced by the ability to serve beer and wine. I think it would help their business if they were allowed to serve beer and wine, and we want our local businesses to do well. The Boiler Room has proven to be an asset to our neighborhood. Thank you, Irene Stone 1044 4th Avenue East Kalispell 30 February 5, 2011 To: The City Council / Kalispell, Montana From: Gregory & Julie Husby 723 5t' Ave. East #212 Kalispell, MT 59901 Re: Broiler Room / Beer & Wine License Dear Council Members, As residents of "The Brick," my wife and I find living here very pleasurable. "The Broiler Room," is community oriented and owner's Vince and Charlette Padilla are extremely responsible people. Having visited their establishment many times, I can say first hand that "The Broiler Room" employees are equally responsible. It would simply not seem in their character to act irresponsibly given such an opportunity. If anything, it would further enhance an already established and respected business in this valley. As business owners, Vince and Charlette have demonstrated their ability to give back to the community. This coupled with an inherent right to grow their business in this wonderful and free country gives our City Council ample reason to approve this license. My wife and I have raised four children in this valley. We moved to "The Brick" when we sold our home and became empty nesters after thirty years of raising children. If I had any doubts as to the impact, I would not be in such favor of their obtaining this license. Submitted with the utmost respect, Most Sincerely, Gregory Husby 406-250-4762 Julie Husby 406-250-6025 Theresa White From: Susanne O'Connor [susanneoconnor@centurytel.net] Sent: Sunday, February 06, 2011 12:08 PM To: Theresa White Cc: info @boilerroom brew. com Subject: Beer and wine at the Boiler Room Madam Mayor and Members of the City Council, I am writing in support of the Boiler Room's request to obtain a beer and wine license. I live at 845 7th Avenue East, a block and a half from the Boiler Room, own my own home and have lived here for 21 years. I visit the Boiler Room frequently and am always pleased with the experience --good food, pleasant and accomodating staff, and a great place to meet friends and neighbors. Mr. Padilla and his family are conscientous, hard working and involved business owners. I have frequently wished that the Boiler Room would be able to serve beer and wine to offer an alternative to the bar scene in Kalispell and/or expensive and formal restaurant dining. This is an opportunity for the City of Kalispell to encourage and support good clean local business in our town. I urge you to approve the Boiler Room's request for a beer a wine license. Thanks so much, Susanne Measure O'Connor - 845 7th Ave East, Kalispell. 23 Theresa White From: Dan Kohnstamm [beaniekicks@yahoo.com] Sent: Monday, February 07, 2011 7:12 AM To: Theresa White Subject: Boiler room license Dear Kalispell City Council Members: My husband and I live within a block of the Boiler Room at 835 Fifth Ave. East. We support the Boiler Room's application for a beer and wine license. The owners are responsible people who care about creating a community center in the midst of a residential area. Their coffee, food, and ambience have all been much appreciated by their neighbors. We are not concerned that some wine and beer in the evenings will greatly change the neighborhood. We hope you approve this application. Betsy and Dan Kohnstamm 19 Theresa White From: Mary Williams [williams.hakespeare@live.com] Sent: Monday, February 07, 2011 9:02 AM To: Theresa White Subject: Beer and Wine License at the Boiler Room To Whom it may concern, Due to a previous commitment I am not able to attend the city council meeting tonight. Therefore, I am writing this letter in favor of the Boiler Room's request for a beer and wine license. I have several reasons for this opinion but will list just two: First, I work at the Boiler Room and have an understanding of the atmosphere there, as well as the motives behind Vince and Charlette's request. Regardless of the beverages served, the establishment is classy, a place for couple's to come on a relaxing night out. The atmosphere has never lent inself to "partying", and people looking for that type of fun have plenty of other options in town. They would have no reason for going out of their way to a place with gourmet appetizers, mellow patrons and artistic mood music. The Boiler Room's attaining a Beer and Wine license would not change the feel of the restaurant, but would simply give our dear customers more options. This leads me to my second, yet related, reason. I myself enjoy a night out with my husband of not yet two years. We both enjoy a good standing in the community, and care deeply about our repution. Therefore, we do not frequent bars or places that might tarnish the way our neighbors view us. At the same time, we are not in a financial situation that all allows us to go to the many fine dining establishments the Flathead Valley has to offer, as they are usually outside of our price range. With a beer and wine license, along with a modified appetizer menu- the Boiler Room could be the perfect spot for a relaxed evening together, to make happy memories and strengthen our marriage without breaking the bank. The reasons I've given are few but valid. With respect for the concerns our neighbors have expressed, I think they will see in time that they do not need to worry. This expansion of the Boiler Room will enrich their neighborhood, rather than disrupt it. I hope the vote is in favor of the Beer and Wine license. Thank you for your time. Sincerely, Mary Williams PS- I would like to request that the contents of this letter be taken into cosideration, yet not discussed publicly, thank you. 18 Theresa White From: Karen Leigh [karenleigh@centurytel.net] Sent: Monday, February 07, 2011 9:51 AM To: Theresa White Subject: Boiler Room beer/wine license Dear Council Members. As a long-time east -side resident of Kalispell and owner of studio space in the East Side Brick, I am writing in support of the Padilla family efforts to add a beer and wine license to the Boiler Room coffee house and restaurant. It is my feeling that the controversy concerning damage to the neighborhood has been blown far out of proportion. It is not, as has been suggested, their intent to turn the business into a bar. It is only to add a small selection of local/regional beers and wines to their dining menu. There are many such venues around the country and Europe in locations similar to ours. I am sure most everyone will agree that the Padillas have created a wonderful addition to the neighborhood, turning what was a derelict eyesore into a vibrant well -run living/working space. They have bent over backwards to address the issues surrounding Hedges School by not serving alcohol until four p.m. and most children are gone by then. They certainly would not jeopardize the relationships they have built by turning the Boiler Room into a sports bar or anything of the sort. As to music on the roof, I did attend one event ( a professional jazz trio playing Cole Porter and George Gershwin) one summer afternoon and I have to feel sorry for anyone who didn't find it a lovely addition to the day. It certainly beat having to listen to the neighbor's lawnmower. Please grant their request. Thank you! Yours truly, Karen Leigh 17 Theresa White From: Chance Wachholz [cha nce@westventu re properties. comj Sent: Monday, February 07, 2011 11:15 AM To: Theresa White Subject: Boiler Room's Beer and Wine Request To Whom It May Concern - My name is Chance L. Wachholz. I am a Realtor who works on the East Side of downtown Kalispell, and I am also an active resident of the East Side community. I live at 723 5th Avenue E Unit B32, commonly known as the East Side Brick condominiums. My unit is in the lower most level on the east side of the development, only 60 feet from The Boiler Room coffee house. With certainty, nobody lives closer to the restaurant than me. Since it's opening, I have enjoyed many public functions that have greatly enhanced the feeling of "community" in the neighborhood. The Boiler Room has hosted Chamber Unwind events, neighborhood barbeques, movie nights on the big screen, and even open mic nights for aspiring musical artists. I've been following the newspaper articles regarding the noise hindrances, and I must say, this is very inaccurate. In fact, several of the performances this summer I found myself opening my windows because the music was barely audible at all! The Boiler Room has become a very good venue for meeting neighbors, conducting business, and even having a nice, relaxing cup of coffee. Several of the complaints I've read have made the restaurant to be some kind of out of control operation. I promise it is anything but this. Vince Padilla is one of the few entrepreneurs left in town who continually puts his neck out on the line amidst a struggling Kalispell economy. He sees an opportunity to add to the community, but if you cut the legs out from beneath him, his operation will fail. You can see this first hand when you look at Main Street Kalispell. Our downtown is pathetic because we're over regulated and restricted; no business person can make a profit! I am in support of allowing The Boiler Room to serve beer and wine. Before a decision is made, please go and visit this local restaurant. I believe it is vital that you "feel" the environment Mr. Padilla has created, before an accurate assessment can be made. Thank you for your time! Chance Wachholz Realtor, Sales Associate West Venture Properties, LLC C: 406.871.9338 O: 406.751.5638 This message may contain an advertisement or commercial content. If you would no longer like to receive updates or information from Coldwell Banker Wachholz & Co. please click here or use the following link: unsubscribe@cbwrealestate.com and type the name of the agent in the subject line. View our privacy policy. © Coldwell Banker Wachholz & Co. (406) 751-4300, 1205 S. Main St. Kalispell, MT 59901, United States of America. All rights reserved. 16 Theresa White From: Kasa Zipfel [kasa.zipfel@gmail.com] Sent: Monday, February 07, 2011 12:45 PM To: Theresa White Subject: Boiler Room Greetings, My name is Kasa Zipfel and I reside off of South Woodland Drive in Kalispell. The Boiler Room is my favorite neighborhood hangout, a nice walk from my house, and a great place to relax or conduct a business meeting. The family that own it are very respectful citizens that always keep the community at the forefront of their focus. They are integral, kind and a great asset to the community, having sponsored several events to help local charities and shelters (such as the summer weekly Yoga on the Roof that benefited the Abbie Shelter). As a local resident, I strongly urge the City Council to allow The Boiler Room to obtain a beer and wine license. It will be a nice option for local residents when they choose to relax, visit, meet or enjoy music at The Boiler Room. Furthermore, as a voter, I hope the council sees the business opportunity that this will present The Boiler Room and the community. Having worked in advertising sales at the Inter Lake for the past year, I am well aware of the hard economic times this community is facing. Selling coffee and food is a hard way to make a profit and I think the council should do anything they can to allow businesses opportunities to expand their products, services and sustain the local economy. Owners of The Boiler Room, Vince and Charlette, are very conscious about the need to be responsible in all acts of conducting business. As a local resident, I have utter confidence that they will in now way endanger the integrity of the community or endanger school children. Vince and Charlette, themselves, have had several children and are very family -oriented in all aspects of their demeanor. I sincerely hope the council grants them their beer and wine license and feel that any blocking of this license represents an anti -business mentality. Thank you for time, Kasa Zipfel 1553 Lehi Lane Kalispell, MT 59901 15 548 51h Ave. E. Kalispell, MT 59901 February 7, 2011 City of Kalispell RE: The Boiler Room's Request for Beer & Wine License To Whom It May Concern; T, --; v Z SV ;1J` In the matter concerning the Boiler Room's request for a Beer & Wine License it is our opinion that this request should be allowed. We are aware there has been concern regarding the students of Hedges Elementary School and their close proximity to this business. We feel it is the responsibility of the parents to be aware of where their children are, not the business owner. In the Daily Inter Lake a resident made the comment about vandalism, to us vandalism is committed generally by youth ages 12 —17 that are unsupervised or that have been raised by parents of questionable character. The type of cliental that frequent the Boiler Room are much older, responsible, more mature than people who frequent most drinking establishments. Municipal buildings, churches and schools generate little to no tax revenue for the City of Kalispell. At some point the residents are going to have to realize this and let businesses do what they feel is necessary to survive in this economy. I am sorry I cannot attend this meeting in person as I am involved with Flathead County 4-H Shooting Sports in a volunteer capacity each Monday evening. Thanks you for your consideration in this matter. Please feel free to contact me if you have any questions at 257-1589. Respectfully submitted, Kerry P. Marvin Home Owner Theresa White From: michael dimuro [mdimuro1 @yahoo.com] Sent: Monday, February 07, 2011 1:38 PM To: Theresa White Subject: beer and wine for the Boiler Room Please count me as an enthusiastic supporter of the Boiler Room who would like them to have the opportunity to offer beer and wine. I'm sending you this email as I don't think I'll be able to attend the city council meeting tonite. Thanks. Michael diMuro 805- 7th Avenue West Kalispell 14 Theresa White From: Louise Swanberg, MD [Iwanberg@krmc.org] Sent: Monday, February 07, 2011 2:08 PM To: Theresa White Subject: letter of support for Boiler Room Coffee House Dear Mr Padilla and Boiler Room owners and patrons, My professional office and business is located immediately east of The Boiler Room Coffee House. They have been marvelous neighbors. We supported their initial business venture a few years back and we support this "expansion" to serve beer and wine. They have been tuned in to the community at large and have been very respectful of the sentiment of the neighbors in the area. We go there for a quick lunch often or run over for an occasional latte during the day. Adding the option of beer and wine to the menu would not change anything in my mind —for us or for the neighborhood at large. It seems a common practice elsewhere in the US and doesn't need to pose the "hazard" that some anticipate. Having spent a good deal of time in Europe where alcohol licenses are more liberally granted and parents and storekeepers are a bit more in control, there seems to be no issue with these venues being located in or near neighborhoods or schools. They do not seem to go down the path of ill repute that some have worried about. It seems to me that when we make alcohol a "big issue" that we have problems; witness the disaster of prohibition. We need to get away from the notion that everyone that drinks, drinks to the point of drunkenness or acts stupidly. I may or may not walk be one who walks over after work for a glass of beer or wine at the Boiler Room. Allowing others the privilege doesn't affect me or my business. I send my support to the Boiler Room owners. Sincerely, Louise Swanberg M.D. Owner, Woodland Clinic 13 Theresa White From: Gretchen Apgar [gretchen@apgar.org] Sent: Monday, February 07, 2011 3:51 PM To: Theresa White; 'Mike Apgar' Subject: Fwd: In Support of the Boiler Room request for Beer and Wine License To Whom it May Concern, We live at 538 5th Ave E. in Kalispell, MT and would like you to be aware that my husband and I are in support of the Boiler Room's request for a Beer and Wine license. The Boiler Room is an asset to our community and this permit will help them survive financially in this very difficult business. Mike and I had a cafe in Seattle that for five years had live music, beer and wine. We had what most would call a magic time where families could come and enjoy music, light but good food and decent glass of beer or wine. We found that everyone behaved better with kids present. Beer, wine and coffee in that order made a huge difference in our ability to stay in business. Other important factors were the fact that we built solid community support and involvement as well as a great team of folks that worked with us - similar to the exceptional folks at the Boiler Room. The Boiler Room has our Support, Sincerely, Mike and Gretchen Apgar 11 Theresa White From: Andrew Hagemeier [andrew.hagemeier@gmail.com] Sent: Monday, February 07, 2011 4:13 PM To: Theresa White Cc: Michelle Anderson Subject: Eastside Brick Dear Mayor Fisher and Council Members I cannot attend tonights council meeting but would like to include my comments for your consideration regarding the Eastside Brick PUD. I read the recent newspaper article detailing some of the neighbor's concerns with allowing beer and wine sales at the Boiler Room. As a member of the American Institute of Certified Planners and having a number of years of experience processing request similar to this in Flathead County, it is my experience most of the concerns of the neighbor can be addressed through simple strategies like limited hours of operation and constraints on outdoor amplified music. Allowing this business to expand its offerings to beer and wine will be a benefit to our community. It is widely accepted in the field of planning that walkable neighborhoods with a mix of uses are directly related to a higher quality of life for its residents. While I do not live near enough to walk to Eastside Brick in the winter, I do look forward to doing so in the summer. I wish a similar business was located in my neighborhood, as I feel it would be a desirable amenity and would only benefit my property value. Andrew Hagemeier AICP 385 2nd Ave WN Kalispell 10 Theresa IThite From: J G [vintagedol1238@hotmail.com] Sent: Monday, February 07, 2011 4:18 PM To: Theresa White Subject: Beer and Wine License Hello. My name is Janessa Lawlor and my husband Mathew Lawlor are homeowners at 1027 5th Avenue East. We recently received a letter from The Boiler Room Coffee House in regards to their request for a beer and wine license. As customers of the cafe we would love to have an option of a glass of wine or beer while listening to local musicians during open mic. We don't not feel there would be a problem with misuse and / or over serving of their guests. Also we do not see this creating issues with near by neighbors including children. Unfortunately we are unable to attend the city council meeting and can only provide our support via email. Should you need to call upon us for further info here is our contact: Janessa 406-270-9463 Mathew 406-270-9464 We will continue to give The Boiler Room our business and support. Thank you. Janessa Lawlor Theresa White From: Shelley [shelleyd54@aol.com] Sent: Monday, February 07, 2011 4:24 PM To: Theresa White Subject: Support for the Boiler Room I am a eastside resident Kalispell and neighbor of the Boiler Room Cafe. I wanted to add my support to this business. They have done an incredible job establishing a neighborhood gathering spot for young and old. I am looking forward to the addition of select wines and beer in this lovely cafe (not a sports bar, tavern, etc. as depicted by some) where I could have a light meal and nice glass of wine; my 18 year old daughter already frequents this business with friends and I like knowing she is in a safe, secure, classy neighborhood spot. This is the perfect venue for all ages. Good Luck!! Shelley Draper 270-0023 Theresa White From: hunterjmd@aol.com Sent: Monday, February 07, 2011 4:31 PM To: Theresa White Subject: Re: Boiler Room I'd like to retract my opposition to the Boiler Room attaining a license for beer and wine. I have done some research, and asked some questions of all parties and have found the BR's plan to be very responsible and thoughtful where the neighborhood is concerned. They won't be serving alcohol during school hours, which was my main concern. If they continue to operate as they have since their opening, I have no problem whatsoever with the way they do business. Thank you, Julie Hunter -----Original Message ----- From: hunterimd(),aol.com To: twhite(a)kalispell.com Sent: Tue, Feb 1, 2011 8:48 pm Subject: Boiler Room I'd like to voice my concern about the Boiler Room obtaining any sort of standing liquor license. I live two blocks from the BR and two of my children attend Hedges Elementary. My family has been a very strong supporter of the shop as it was presented to us prior to the opening. It was going to be a family -friendly coffee shop that "moonlighted" as a music venue occasionally. In those terms, my family has patronized the business and promoted it to others. We have meals there, take our kids for cookies, meet friends for coffee and attend many musical performances. I do not have a problem with the BR providing alcohol on an occasional basis, as they have for months, but am very opposed to them having a full-time liquor license. Hedges school traffic is already very congested and having a tavern across the street would add to the problem and bring potential danger to the kids and families. I fear what would happen to our neighborhood's property values, as well. It's just the wrong location for this type of license. We need people to patronize the places that cater to a regular drinking crowd, and there are plenty of those in areas already zoned as such. Thank you - Julie Hunter 604 3rd Avenue East 890-4531 Theresa White From: Leigh Ann DiDomenico [nnahgiel@hotmail.com] Sent: Monday, February 07, 2011 4:49 PM To: Theresa White Subject: Re: The Boiler Room Beer and Wine License To whom it may concern: I am writing on behalf of the Boiler Room and its owners, Charlette and Vince in favor of their proposed Beer and Wine license. I run a weekly Poetry event every Sunday at the Boiler Room, I frequent the Coffee House as a customer and I use it as a place to tutor high school and middle school students during the after school hours. As a patron, as an event coordinator, and as someone who uses the space professionally, as well, I can say with all confidence that Charlette and Vince and all the baristas that work in this establishment are kind, respectful individuals with good intentions and ideas for enridching the Kalispell community. I whole-heartedly support their desire to gain a beer and wine license for their establishment and the enrichment it will bring to their business, as well as to events held at the Boiler Room. The coffee house closes at 9pm each night, and a beer and wine license is obviously not the same as having hard liquor in an establishment, so I find it absurd that the community would think it would create a negative atmosphere in the neighborhood. Conversely, I only see it enriching the buisness and the community. Thank you for your time and consideration to this matter and best wishes in your decision making. Sincerely, Leigh Ann DiDomenico Kalispell Resident Hostess, Get Poetry Open Mic @ the Boiler Room Iada.040alumni.lehigh.edu 406.890.4056 Theresa White From: Sent: To: Subject: Hi Mr. White, I just wanted you it. We'd love to traditional bars. Thanks, Shelly Whitman 104 Cyclone Dr Kalispell, Shelly Whitman [shelly@butternutwoolens.com] Monday, February 07, 2011 4:50 PM Theresa White I like the Boiler Room to know that my husband and I just discovered the boiler room and we love be able to have a locally brwed microbrew there after work. We don't go to I hope you'll support the Boiler Room's beer and wine license. Theresa White From: Diane Trout [dianentrout@hotmail.com] Sent: Monday, February 07, 2011 4:53 PM To: Theresa White Subject: The Boiler Room To Whom It May Concern: This letter is in response to the Boiler Room applying to have a wine and beer license. I am in favor of this happening. I recently read a letter in the Interlake opposing the approval of the beer and wine license. The Boiler Room is only a "coffee house" and will not be nor ever will be a "bar". The Boiler Room is located in a residential section, but contrary to what the letter stated to the paper, EVEN people who have been downtown drinking drives through residential sections of town to get home. An accident can happen anywhere at any time. His comments in the paper about the loud music has ABSOLUTELY NO bearing on the Boiler Room obtaining a beer and wine license. The Boiler Room is a far cry from one of the local "bars" and would be an excellent addition to the premises! I for one am all for it! I do not believe it would be a detriment to the school/residents in the area. Diane T. Kalispell, Montana Theresa White From: ceskezavodny@gmail.com on behalf of Will Randall [prandall@cyberport.net] Sent: Monday, February 07, 2011 5:44 PM To: Theresa White Subject: Boiler Room I live just down the street from the Boiler Room and am very glad they are in my neighborhood. I have enjoyed several events there when they have had temporary event beer and wine. These events have been very enjoyable and well attended. I strongly urge the city of Kalispell to allow the Boiler Room to serve beer and wine for those of us in the neighborhood who would rather not drive somewhere to enjoy a glass of wine with a freind and some great local entertainment. Thank you. Will Randall ps. I haven't noticed any difference in my neighborhood since The Montana Club opened. DATE: January 24, 2011 TO: The Honorable Mayor Tammi Fisher and Kalispell City Council Members RE: Boiler Room LLC `s request to serve alcohol at the coffee house In the heart of the East Side Historic District and adjacent to Hedges Elementary grade school, the Boiler Room proposes serving alcohol at their "coffee shop". The sole beneficiary to the City Council granting this request would be the Boiler Room LLC, and it's owner, Vince Padilla. (A partner in DEV Corporation) I urge you to swiftly and unanimously deny this request. Directly across the street from the front entrance of the proposed alcohol outlet is nearly a complete city block of recreational green -space which is the eastern portion of Hedges Grade school playground area. There are no visual buffers or barriers between the Boiler Room and the public green -space. After school, weekends and summer evenings, the basketball court, ball field and playground are typically full of Igrade school children, mothers and babies, while teenagers play basketball and kites are flying in the play field. In my view the stylish Boiler Room has been successful and well received due in large part to effectively branding itself to the neighborhood and their children as a family friendly environment. The coffee house has successfully partnered in a small fundraising endeavor ($500) with the grade school and advertises on the grade school website (with a direct hyperlink to their business) as well as through the school newsletter which seems to have been a win/win for both the business and school. This effective marketing strategy to grade school kids has them regularly patronizing it on weekends and after school, many times unaccompanied by an adult. The Boiler Room is just as appealing to "underage" and `of age" young adults (both high school and college age) by sponsoring evening events like popular musicians, open mic. nights, poetry readings, etc. To "bait and switch" from smoothies and hot cocoa - to - beer and wine ... after the children & young people are accustomed to patronizing the business may be a lucrative idea ... but it's as inappropriate a transition as it is location. I support smart growth and well -planned mixed -use developments but serving alcohol across the street from a grade school and popular family recreational green -space, in the middle of a residential district is unsafe for students and pedestrians and unfair to adjacent residential neighbors. ® My understanding is that their request is a colossal contradiction to the 600-foot alcohol free buffer zone that the State of Montana has designated for schools. ® Kalispell police and city offices have already received numerous complaints about amplified bands playing on the coffee house rooftop, shattering the quiet of the East Side late into the night. This required both departments to take city staff time (a.k.a. taxpayer money) to go the Boiler Room and manage situations when the owners failed to demonstrate any courtesy or understanding of the impact on their neighbors. In my view the Boiler Room's track record won't mix well as a responsible alcohol outlet. ® Compared to other city neighborhoods, the East side district is already heavily surrounded by alcohol outlets in all directions. ® The East side is a long established "pedestrian friendly" neighborhood filled with walkers, joggers, bikers, boarders and children. Lots of children. Daytime, evenings and weekends. ® With a popular afternoon/evening alcohol establishment, no doubt vehicle traffic will increase as will safety risks for the many pedestrians, bikers and walkers, a great majority of whom are children. ® "Happy Hour" traffic has no place moving through residential areas and directly past schools, playgrounds and green - spaces. • The introduction of an evening establishment serving alcohol would entirely change the character and nature of our Historic neighborhood. • To date the developer has made no attempt to notify their adjacent neighbors about the proposed change. "Developer 101" would suggest a timely , direct and informative approach to neighbors produces better results and cooperation and is greatly appreciated by neighbors. • By state Law a highly visible sign indicating "alcohol is sold"...must be prominently displayed to the outside. Does this mean that Hedges school children get a Pabst Blue Ribbon Beer sign to enjoy at recess? • After planning staff spends time researching, determining, documenting, recommending and implementing an appropriate "ALCOHOL SOLD HERE" sign.... to post across the street from the school playground, staff will then have to repeat the process for any number of operational characteristics such as: __> Hours of operation => Special events =:> Beer & wine festivals in the parking lots => Outdoor music => Drive up window sales Adding a poker room Gaming machines Video arcades => Will they later request extended hours from 11 am —11 pm as allowed by the license? => Can the Boiler Room promote happy hour/free drinks in our residential neighborhood? Will they later request a hard liquor license? What if a new owner has a different vision for the alcohol outlet? This is the slippery slope that adjacent neighbors were concerned about when the initial request for a restaurant in the planned unit development came up. When do the requests stop with a P.U.D. restaurant serving beer and wine? The City Council has previously debated the locations of medical marijuana dispensaries so it's not difficult to imagine their advocates exploiting such a lenient variance as alcohol next door to a school. Or, could granting such a variance potentially bring to bear some liability on the City should any kind of injury occur from a buzzed driver in the residential neighborhood? And finally ... does the City Council really want to spend time and tax payer dollars finding out the answers to all these questions.... when the request for an alcohol outlet across from a grade school is a slam dunk inappropriate location? I feel welcoming towards the coffee house as a non-alcoholic establishment, but as an adjacent neighbor, I'm concerned that once allowed to serve alcohol, the Boiler Room could actually replace the "Reds" restaurant venue ... as it has many of the same clientele. Other than folks who fancy a new "happy hour/dining and drinks spot" and the young college aged kids looking for a place to "socialize", the only beneficiary to the council granting this alcohol request will be the Boiler Room LLC and it's owner, Mr. Padilla. Those three benefits alone do not justify the safety risks of mixing alcohol, schools, green -spaces and pedestrians on small narrow residential streets. The biggest losers would be the school children and pedestrians facing intersections of happy hour buzzed drivers zipping home for dinner while criss-crossing with young people heading to the Boiler Room for a popular musician. The council has an obligation to provide some safety for Hedges students East side residents and pedestrians as well as preservation of the neighborhood's character. The Mayor and Council are also presented with a great opportunity for a positive public statement to our community that the sale of both drugs and alcohol have no place near our school children, our homes and green -spaces. Please unanimously deny this request and spare the East Side neighborhood yet another long drawn out process. I further ask that you deny this request as swiftly as possible in order that the city not bear the significant price tag of traffic studies, hearings, meetings, research and staff time when the request for alcohol is entirely inappropriate for that location. By making a swift, unanimous denial, Mr. Padilla will also benefit by the certainty provided in a timely fashion. The Boiler Room deserves credit for much of their design and marketing of their business. To that end there is no doubt that Mr. Padilla could and would successfully market the Boiler Room as an evening beer and wine establishment so I respectfully ask that the Council suggest he take his license for alcohol to the downtown district where abundant vacant space is available in a safer, non-residential, commercial zone. As the Boiler Room currently serves as a terrific family oriented establishment and I for one wish them continued success as a non-alcoholic establishment. This is all that was peddled to the neighborhood during Eastside Brick's PUD application process. Simply denying the request for alcohol will keep the coffee house happily serving youth of all ages and their families in a great non -drinking environment while maintaining the safety, integrity and character of our beautiful green spaces and the entire East Side Historic District. Thank you for your careful consideration of this important matter. Respectfully yours, Rebecca Groose-Jones 630 5th Avenue East Kalispell, Montana 59901 treasurestate@bresnan.net 406.260.3610 Theresa White From: The Me [audio7201 @yahoo.com] Sent: Wednesday, January 26, 2011 10:21 AM To: Theresa White Subject: RE Boiler Room Brew... amendment to the PUD agreement Hello, I am sending this email to voice my concerns of the Boiler Room coffee shop offering beer and wine. I will be out of town on the 7th and will be unable to attend the meeting. I worry about the Boiler rooms location. The coffee shop is located near family housing and next door to a elementary school and play ground. The evening time is a busy time for children to visit the play ground and park. Families and children will be walking the side walks that border the Boiler Room and crossing the streets that surround it. Due to the location I think that the safety of our community out weighs the profit benefits to the coffee shop. I can count 9 bars that are on the main busy streets of kalispell that start with in 7 blocks of the boiler room. Lets work to keep that traffic on the main busy streets and not in the neighbor hoods. Thank you Pete Bean 64 Deb Mason 835 6m Ave.; E, ;. Kalispell, MT 599;01 _� ���V Kalispell City Clerk City Council PO Box 1997 Kalispell, MT 59903 January 26, 2011 Re: Boiler Room_ PUD Amendment Dear Council Members: I vehemently oppose the selling of beer/wine at the Boiler Room. This business, located in a school/residential district, is not the proper location for the activity sought for a number of reasons: 1) The city, county, and state expends monies to promote a drug -free atmosphere in our schools. By having an establishment that serves alcohol, literally across the street, from an elementary school, detracts from the message of a safe and "drug -free" zone. The Boiler Room contends it will only serve alcohol after school hours. I would like to remind the Council that there are several after - school programs and evening events held at Hedges. Furthermore, serving alcohol within such a close proximity where children play, on the weekends, after school, in the evenings, in the summer, is a recipe for a disaster in waiting. Although I am sympathetic with the Boiler Room's business venture, it is simply the wrong place to sell alcohol. 2) The Boiler Room is located in a residential neighborhood. Last summer, the Boiler Room had different bands/artists play in their venue. There were several occasions where I had went to bed in the summer and even with the windows closed, was subjected to unwanted music. Furthermore, I could not get my children to sleep because the music kept them awake. Adding alcohol will only increase the music and events, equating to a violation of my rights of quiet enjoyment. As I am renting, if this permit is allowed, I will seriously have to reconsider renewing my lease. This leads to a larger issue of possibly vacated rental homes in this section of the East side. Many of these rental homes provide income to their owner's that they depend on. We have enough foreclosures without adding to the problem. I moved to this location to be close to Hedges, as I have school -aged children, and because of the quiet neighborhood. 3) The Boiler Room contends it will donate 5% of its sales to Hedges School. Is the School District willing to accept donations acquired from alcohol sales? Thank you for taking the time to read my concerns. Sincerely, Deb Mason Theresa White From: Laura Behenna [hillhiker202Omt@yahoo.com] Sent: Friday, January 28, 2011 3:30 PM To: Theresa White Cc: treasurestate@bresnan.net Subject: Comment on the Boiler Room's Application for Beer & Wine license To the Mayor and Kalispell City Council: I'm writing to express my opposition to allowing The Boiler Room to have a license to serve beer and wine. My main concern is that turning the Boiler Room from a coffee shop to a tavern will increase noise and especially vandalism in the surrounding neighborhood. The Boiler Room, and the Bad Dog Bakery in the same building, have been delightful additions to our neighborhood and I love going there, but adding alcohol to the mix would not be a good match for our historic eastside neighborhood. For one thing, it's right next to Hedges Elementary School, whose principal, Casey Bertram, told me the school suffers from vandalism on its grounds nearly every weekend. They don't need nay more damage than they already have. Alcohol doesn't belong in a family neighborhood with a lot of young children. In addition, in the three years I've lived on the corner of 5th Ave. East and 7th St. East, my car and those of my guests have been vandalized several times: - my housemate had her driver -side window shattered, scattering glass inside her car and outside on the street. - a visiting friend's truck was broken into and some valuable tools and his iPod were stolen. - someone "keyed" my car, leaving a long, deep scratch along the driver's side from front to back. These incidents had nothing to do with The Boiler Room, but from my experience living in two other cities within a stone's throw of a bar or pub, I would expect even more damage to vehicles and property than we already have if the Boiler Room (located 1/2 block from my house) starts serving alcohol - to say nothing of the noise, litter, and (sometimes drunken) traffic that usually goes with venues serving alcohol. I urge you all to turn down The Boiler Room's request for a beer and wine license. Alcohol and family -oriented residential neighborhood are a bad mix. Sincerely, Laura Behenna 648 5th Ave. E. Kalispell, MT 59901 257-2116 WA I oppose the beer & wine license that the Boiler Room is applying for. This is a residential district and needs to remain SO. I know because I live across from the boiler room and play The excessive loud music Thursday, Friday and Saturday nights is uncalled for and shows no respect for the neighbors who live in the area. I have observed partying going on in the parking lot without beer & wine being sold. How do you think the alcohol is going to add to the safety of the neighborhood? With this said I have one question for each of you,would you like to have this loud music across from your quiet residential home every night with alcohol added to it? From: Joanne White Doannej@bresnan.netj Sent: Sunday, January 30, 2011 10:27 PM To: Theresa White Subject: The Broiler Room To the members of the City Council, I do hope that you would decide that allowing the Broiler Room to become a BAR across from the school ground would become a disaster waiting to happen. As I understand originally they were to be a coffee shop and a small brewery, a neighborhood gathering place. Living a block from there, I can tell you it is a late night hangout. If hard liquor were to be allowed, with a playground directly across the street, an accident would be waiting in the wings. Please consider that children need to be protected at all cost. Please vote against allowing the Broiler Room to complicate the area and not be allowed to sell hard liquor at that location. Thank you, Mrs. Don White 7`h Ave E. Kalispell 1 From: Rita Nixon [medassist51 @yahoo.com] Sent: Sunday, January 30, 2011 12:31 PM To: Theresa White Subject: Boiler Room should move to a area of town that would not be around family homes and schools. Rita Nixon lent of the east side o that then they 60 Theresa White From: MorKK [markkate@centurytel.net] Sent: Sunday, January 30, 2011 1:55 PM To: Theresa White Subject: Boiler room beer Hi We live on 3rd Ave East in Kalispell and are opposed to the Boiler room getting a beer and wine license. No offense to them, we like their coffee and treats, but think the booze idea is bad one for families in the area for many many reasons. Thanks, Katie Schnee 756-9367 j t - 736 -3r e, U A191i 1 ( +i i r �cy,ne� s I From: Carlos Hernandez [theboarderboi@yahoo.com] Sent: Monday, January 31, 2011 10:16 AM To: Theresa White Subject: Boiler room liquor license Hi, My name is Carlos and i am a resident of kalispell. I recently successfully completed the WATCH program . One of the main focuses of treatment there is the victims of our drug and alcohol abuse. I just wanted to briefly state that with The Boiler Room serving alcohol across the street from the elementary school, i feel puts all those childen and their families who drop them off and pick them up directly in harms way. It was only luck that i did not injure someone when i was drinking and driving. Thank you for your time. Carlos Hernandez 1128 3rd Ave. West Kalispell, MT 59901 (406)257-3223 57 Theresa White From: Katie Morgan [kmorganmt@gmail.com] Sent: Tuesday, February 01, 2011 11:30 AM To: Theresa White Subject: Alcohol near schools Well, no, I can't agree with this idea. It only takes one bad drunk to turn people into abusive idiots and those people shouldn't be given the opportunity to get stupid around kids. Unless you're looking for lawsuits for the damage that will be done by that "one incident" that will ruin you, I don't suggest this to be a viable option. I live just outside of Whitefish. There is no reason to put another drinking establishment in a neighborhood or near a school. Kalispell is rife with drinking establishments. Pick another place to do it. Thank you for your time. Katie Morgan kinorgamnt ct,gmail.com PO Box 1671 Whitefish, MT 59937 52 E -34•`^ - — - — - Lois Drobish 836 E. Washington St. Apartment 1 Kalispell, MT 59901 �S /J /) "�i•s �e / /'rl 7- Theresa White From: Marilyn [mellshop@centurytel.net] Sent: Tuesday, February 01, 2011 12:25 PM To: Theresa White Subject: Boiler Room Marilyn Brady 100 Wild Horse Road Columbia Falls, MT 59912 I, Marilyn Brady, am opposed to alcohol outlets across from schools in the middle of residential zones. 50 Theresa White From: Jackie Kieser [kieserjackie@gmail.com] Sent: Tuesday, February 01, 2011 3:22 PM To: Theresa White Subject: booze in the coffee shop I am firmly opposed to the selling of alcohol at the boiler room. I was opposed to the whole project in a residential/school neighborhood. Then came an innocuous sounding coffee shop, then the music and admission was added, but who wants to pay for a night out without booze? That this thought would be even entertained boggles my mind. What next, gee, we need a few gambling machines to support our expansion because we are such a popular niteclub? And we need extra income to cover the cost of the liquor license. We are called the historic East Side, what a joke! If these folks want a nite club, there is plenty of commercial property for sale or lease in appropriate spots for such an operation. And I thought the next battle I had to fight was getting OUR streets back for street parties. More from me later. Jackie Kieser 545 2nd ave E Kalispell, Mt. 59901 406-57-1065 49 Theresa White From: joseph muri gosephmuri@msn.com] Sent: Tuesday, February 01, 2011 6:54 PM To: Theresa White Subject: oppose to alcohol sales at the boiler room Keep the coffee shop, but lets keep the neighborhood alcohol free. Joseph Muri 2097 Airport Road Kalispell, MT 59901 46 Therese White From: Jim & Sheila Wilson U_swilson@bresnan.net] Sent: Wednesday, February 02, 2011 10:59 AM To: Theresa White Subject: Beer & wine license for Boiler Room We request that you DENY a beer and wine license to the Boiler Room. This kind of atmosphere WOULD NOT be a wholesome addition this residential neighborhood, or for any residential neighborhood in Kalispell. This would not be a good precedent to set. Thank you for considering the input of your constituents. Sincerely, Jim and Sheila Wilson 167 Palmer Drive, Kalispell, MT 59901 Hd Theresa White From: Scott Davis [maxwellsnortsnort@live.com] Sent: Wednesday, February 02, 2011 11:17 AM Subject: No booze near schools please give copy to each council member Please Councilmember's, stop this one fast. "NO BOOZE NEAR SCHOOLS" Next they will want, weed stores across the street, porn shops next door. There's nothing wrong with keeping with the old ways. Remember "JUST SAY NO!" NO PERMIT! Oh, we need them rules for our airport, just in the last hour the same plane circled over the westside of Kalispell under 1000 feet, time 10:00 am, 10:16am, 10:20 am, 10:26 am, 10:33 am, 10:36 am, 10:51 am. I'm sure no one at the airport knows of this, and our airport manager must be deaf, and the residence have a nut case flying over there heads. Do you care? Where are the police, this is breaking the law.... We don't want drinking and drunks around our children or over our heads. Scott Davis 448 5th. Avenue West Kalispell, Montana 59901 406-752-1523 43 Theresa White From: Floyd Bechtold [bechtold@bresnan.net] Sent: Thursday, February 03, 2011 1:33 PM To: Theresa White Subject: Should liquor license be granted to The Boilerroom? Attention: City Council members Should liquor license be granted to the Boiler Room? I oppose the liquor license request for the Boiler room. Simply because this in incompatible with our neighborhood. They are planning to create more noise and nuisance for their neighbors. Last summer the Boiler room had music. They blared the music(?) (out door venues) so loud that I had to call the police multiple times. I could not even enjoy my home. I am continuously offended by their disregard and disrespect for the neighboring homes. They have started `grounds for a history of nuisances.' And they are planning more of this. It is not unreasonable to want a quiet evening at home in a residential neighborhood. This is why I bought a home in this neighborhood. The police were called every weekend because of their actionable conduct of blasting their speakers with music (?). I was driven inside to turn my TV up to cover the horrendous sounds coming from the building top. It could not even tell what kind of music was playing it was so distorted. This behavior is incompatible with private family residential housing. our police have better things to do than make someone be responsible by turning down or off the offending noise. The Boiler room also over extended their time by playing this noise pass 10:00 pm. They are not a responsible party to run a bar. Thank you for your time, Leigh Ann Bechtold 6th Ave. East Tel: 270-3675 39 Theresa White From: Carolyn Ennis [ckennis@centurytel.net] Sent: Friday, February 04, 2011 9:54 AM To: Theresa White Cc: Theresa White; ckennis@centurytel.net Subject: Granting an alcohol license to the Boiler Room I am a resident of The Brick and this email is concerning my objection to granting an alcohol license to the Boiler Room. I also have two grandchildren being reared a block away from the The following are two of my objections: This is a small neighborhood with narrow streets and an elementary school across the street from the Boiler Room. The neighborhood has already experienced an increase in traffic flow because of the new commercial businesses at The Brick. I support these businesses being here. However, allowing alcohol consumption at the Boiler Room means the city will be embracing patrons under the influence of alcohol to drive in our neighborhood. This simply is not a compatible use with an elementary school located across the street and puts the safety of our neighborhood at an unnecessary risk. The addition of alcohol would drastically change the present family -friendly atmosphere at the Boiler Room and turn it into JUST ANOTHER BAR. In closing I request that you deny an alcohol license for the Boiler Room. Sincerely, Carolyn Ennis Resident at The Brick. 34 February 4, 2011 Dear Sirs and Madams, My name is Dorothy Groose-Jones. I'm a 12 year -old living at 630 5th Avenue East and kitty corner from Eastside Brick The Boiler Room is too close to Hedges school to serve beverages containing alcohol. I would feel VERY uncomfortable so close to that kind of environment. Also, Hedges holds many after school and evening activities for families and their children to attend. Neighborhood children such as myself, go to the boiler room because of the kid -friendly atmosphere. If alcoholic drinks were served parents probably wouldn't permit their children to go there. I worry about people getting drunk and walking and driving in our neighborhood. I simply ask that you deny this request for alcohol to be served in the middle of our residential neighborhood. Thank you kindly, V� Dorothy Groose-Jones ATTORNEYS AT LAW 1361ITAVE. W.—PLAZA WEST P. O. Box 1178 KALISPELL, MT 59903-1178 (406) 755-6919 FACSIMILE (406) 755-6911 CHARLES L. HASH (1921-2007) C. MARK HASH ANNE G. BIBY DONALD R. MURRAY KENNETH F. O'BRIEN, OF COUNSEL February 4, 2011 Becky Groose-Jones 630 Fifth Ave E Kalispell, MT 59901-5308 Dear Becky: cmhash@hashlaw.com abiby@hashlaw.com dmurray@hashlaw.com I tried calling you the other day and couldn't reach you. I read with interest your letter in Sunday's newspaper and subsequent articles and wanted to let you know that I am behind you on the Boiler Room subject. Good luck on Monday. Sincerely yours, Hash, O'Brien, Biby & Murray, PLLP C. Mark Hash CMH/bb Theresa k1bite From: Paulette [plawrence@cyberport.net] Sent: Friday, February 04, 2011 3:03 PM To: Theresa White Subject: Broiler Room I wanted to write and let the City Council know that I am AGAINST allowing the Broiler Room to serve alcohol. We live in the neighborhood and our teenager and her friends often go there both to socialize and work on homework projects together . We have a quiet, friendly neighborhood and a coffee shop is a nice addition. Tavern - bar: NO. Paulette Lawrence 1346 7th Avenue East Kalispell, MT 59901 33 Greg Ennis From: Greg Ennis [gennis01 @montanasky.com] Sent: Saturday, February 05, 2011 11:21 AM To: 'twhite@kalispell.com' Cc: 'Laura Ennis' Subject: Opposed to Boiler Room beer and wine license Dear City Council Members, As a neighbor of the Boiler Room and the father of two small children I am writing in opposition to the beer and wine application by the Boiler Room. For the most part we, as a family, are very happy with our new neighbors, the Brick and Boiler Room, but I just don't understand how this beer and wine application can even be considered due to its proximity to Hedges Grade School! This is a neighborhood with children, not a place for alcohol consumption. Frankly, it's difficult enough to manage the Boiler Room parking lot while sober. it is very poorly designed and ! can't imagine having a couple of glasses of wine or beer and trying to negotiate parking! I am very pro business and am glad the coffee shop is working out for them, I just see no benefits to the neighborhood by allowing beer and wine so close to a school and in the middle of an established neighborhood full of families and kids. It will not help our property values and it will add an additional level of stress to the neighborhood. Please vote against the proposal. There are plenty of other spots in town that are more appropriate for such a business venture, like downtown. It just seems like if you let them open such an establishment now how do we know Woodland Floral won't be sold to someone who changes that into a beer and wine establishment? Or the Padillas sell to someone less responsible and we get stuck with a beer and wine bar run by less competent owners? Again, maybe they did find a loophole to allow alcohol sales so close to a grade school. If that is the case, it is up to the City Council to close that loophole and abide by the wishes of those that live in the neighborhood. Thank you for your hard work on this and other city matters. I look forward to commenting at the upcoming City Council meeting this Monday. Respectfully, Gre o ry Ennis 810 7th Ave East Kalispell, MT 59901 Theresa White From: Jim & leiana Uthormahlen@centurytel.net] Sent: Sunday, February 06, 2011 8:37 AM To: Theresa White Subject: Rezoning and the Boiler Room Dear Kalispell City Council Members: I am writing to the city council members to add my voice to those opposing a change of zoning in order for The Boiler Room to get a liquor license. My reasons are as follows: 1 — This is a residential neighborhood. Quiet, peaceful, family oriented. The Boiler Room sold itself to the neighborhood as a "neighborhood coffee house" and was welcomed as such. They have encouraged people of all ages to frequent the establishment since it's opening. What do they plan on doing when my neighbor and her 4 year old come in at 3:30 for tea? Ask them to leave as they will be serving liquor in half an hour? 2 — I object to having a liquor establishment across the street from a school. Especially an elementary school; be it wine and beer or other spirits. To have advertising, across the street from a playground were our kids can be indoctrinated early is outrageous to say the least. 3 - Recent studies have shown that where liquor outlets set up, regardless of a neighborhood's economic, ethnic or age status, the incidence of violence, DUI's, and accidents involving pedestrian's increases. I simply do not want to open up the possibility of any of these happening in my neighborhood, even if the chances of them occurring are considered "slight" 4 — The social costs of alcohol consumption are well documented. Upwards of 70% of criminal activity in our communities is alcohol or drug related. Short range, perhaps, The Boiler Room will be responsibly run but what about in the future once zoning has been changed? 5 — Will re -zoning open the neighborhood up to other similar establishments? Will they be looking to have gambling machines in next? 6- What will happen to my property value if I have a drinking establishment down the street? 7 - I would question whether a property developer and his 20-something staff are experienced enough to deal with the problems that can arise when dealing with inebriated patrons. In closing I would ask the council to question whether they would welcome a liquor establishment into their neighborhoods? And if the answer is "no" then please do not vote to allow one to set up in my neighborhood. Thank you for your consideration Leiana Thormahlen 815 7`" Ave E Kalispell, MT 26 Theresa White From: jpress@centurytel.net Sent: Sunday, February 06, 2011 11:37 AM To: Theresa White Subject: Fw: Wine and beer license for Boiler Room ----- Original Message ----- From: jpress centurytel.net To: twhite(cr_kalispell.com Sent: Sunday, February 06, 2011 11:35 AM Subject: Wine and beer license for Boiler Room Dear City Councilmembers, We are writing to oppose the granting of a wine and beer license for the Boiler Room. We feel it is inappropriate to sell alcohol, in any form, in this historic, largely residential, setting adjacent to an elementary school. As we recall, when the coffeehouse was initially proposed in this location, concerned neighbors were assured that it would ONLY BE A COFFEEHOUSE, with minimal traffic and impact on the neighborhood. We do not believe that the people living in the area would have supported this proposal had the plan included serving alcohol in this location --even beer and wine. It is disappointing to us that the owner is not honoring his original proposal. Although we do not live in the immediate area of the Boiler Room, we have enjoyed having this establishment within walking distance of our home. We totally support the coffeehouse in its present form. It has become an important local gathering place for adults and young people alike, and we very much appreciate the owner's willingness to allow its use for community meetings. We have attended various musical events at the Boiler Room, and it has been very gratifying to see the number of young people enjoying this non -alcohol, family -friendly atmosphere. We hope that the Boiler Room will continue to be a good neighbor in terms of noise control on music nights. Please do not change the permitted use of the Boiler Room to include alcohol. Thank you. Judith Pressmar Lex Blood 24 Theresa White From: Becky Rutz [rebeccarutz@gmail.com] Sent: Sunday, February 06, 2011 8:45 PM To: Theresa White Subject: Boiler Room License Dear City Council Members: My husband and I live half a block North of the Boiler Room and we are opposed to allowing the Boiler Room to serve alcohol of any kind. While we enjoy having the coffee shop in the neighborhood, we feel the introduction of alcohol to the venue will invariably change the safety, quality and character of the neighborhood. We have small children and we are extremely wary of turning our residential neighborhood from a safe place to play to a zone where alcohol -compromised drivers are frequenting the streets around our house. Sadly, it only takes one irresponsible patron to cause a tragedy - and the likelihood of something like that occurring where alcohol is sold is substantially higher than it is currently. Additionally, last summer the Boiler Room had music two to three times a week outdoors during the summer months. People consuming alcohol tend to be noisier than sober people and as neighbors we are not in favor of increased noise at night. We are hoping to attend the meeting Monday; however, I am currently pregnant - due any day - and we might not be able to attend. In conclusion, we strongly oppose the Boiler Room's request to serve alcohol and ask that you consider our wishes as it will directly and dramatically impact our lives. Becky and Kagan Rutz 629 5th Ave. E. 22 From: debbie owens [meetyou59901 @yahoo.com] Sent: Sunday, February 06, 2011 10:22 PM To: Theresa White Subject: Boiler Room Please say no Thank you Debbie Owens 120 Quincy loop Kalispell,Mt 21 Monday, February 7, 2011 Dear Council Members, In his letter to the editor defending the request to serve alcohol at the coffee house across from the grade school, Vince Padilla of the Boiler Room wrote they're "not PLANNING on changing". I've heard that before. Eastside Brick was introduced to the neighbors as 28 senior apartments, then changed to 7 senior apartments, then changed again ... oops...to zero senior apartments. They then changed to business offices, then live workspaces with limited retail thrown in, then the coffee house. It was dizzying for neighbors to keep up with all the changes. At the beginning of the coffee house project Mr. Padilla personally told me they had no plans to sell alcohol and the City planning office assured neighbors that the sale and service of alcohol was not provided for in the zone. But, once more the developer wants to ... CHANGE. Now he wants to start by changing OUR zoning laws. Again. Mr. Padilla closed his letter to the editor by saying "we will not be ramping up our live events the moment we get a beer and wine license." Really? If not that "moment', perhaps the next as suggested in a quote to the Daily Inter Lake from the attorney, for the Puprle Parrot. Mr. Healow said, "The business would likely book more musicians if it is able to serve beer and wine." Sigh. So much for "not changing". Perhaps this explains why neighbors sometimes don't put a lot of stock in these general statements of "intentions" to not change. These vague assurances draw attention from the real issue, which is a bar across the street from the school and private homes. The neighborhood was promised a family friendly gathering place, yet Mr. Padilla's letter defends the Boiler Room as a high -end restaurant, while his wife describes it to a TV station as a coffee house first and foremost. From my perspective it's a place with loud live music in the summer that forces on me what I'll be listening to for several hours and now wants to add alcohol sales. Then again the Padilla's son in law tells the Daily Inter Lake (3129/10) that people enjoy the Boiler Room because they "don't have to go into an environment with alcohol or dress up for the bar scene" and that "they cater to everyone from toddlers to pensioners." So which is it? (That the Boiler Room was designed with a stage for live entertainment & "room for over 100 people to attend shows" may give a hint.) Mr. Padilla explains that turning the coffee house into a bar isn't their intention but I'm pretty darned sure that a bar is an establishment where alcohol is sold and served. It seems, however, the owners of the Boiler Room are trying very hard to call it any number of things... anything but what it will actually become in the afternoons, evenings and all weekend. A bar in the middle of a sea of private homes. Mr. Padilla's letter requesting amendments doesn't address outdoor music, drinking on the parking lot and rooftop, loitering, special events, Sunday alcohol sales, or visual buffers from the school property & family recreational space. Nor have they addressed specifically how they will handle under age patrons that are used to being there. If the zoning laws for this PUD are amended, neighbors, including Hedges Grade School will all simply be subject to Mr. Padilla's (or a future owner's) changing vision for an alcohol outlet. In reality, the Boiler Room's request, as it stands, would provide only one assurance to its' neighbors. The legalization of alcohol sales across the street from our schools, green -spaces and homes. Once granted, it would take enormous momentum to reverse. I've read of no guarantee that the Boiler Room won't turn into a crowded collection of displaced "Red's" patrons searching for a new haunt with live music. Absolutely no offense is intended to either this large demographic... or to Reds and it's terrific owners. I was sorry it closed but there's no escaping that is was a popular and VERY crowded live entertainment venue. If Mr. Padilla wants to serve this clientele (as he suggests by referencing the void left by recently closed venues) I think it's terrific. I just hope he does so in one of the unique buildings in the historic Downtown district. And not next to my house. In my view, a patron's pursuit of alcohol shouldn't displace, much less jeopardize children, families, and neighborhood safety. Buzzed drivers ARE drunk drivers and they're not welcome on our narrow streets. There is absolutely NO compelling reason to make such a drastic change to our zoning laws and I hope our City Council has compassion for the Hedges schoolchildren as well as the East side neighbors who really value quiet evenings at home in a safe, calm and peaceful neighborhood. Let's not forget the children in all of this. The neighborhood kids that I know personally feel like their local "ice cream" shop is being taken over ... and they're surprised and disappointed. From Hot cocoa to buzzed drivers in the "hood" is a bad message and even worse legacy for the community to give our kids. Mr. Padilla's accused me of not doing my research but he's mistaken. I've done a lot and so far I've found no laws that would prevent him from marketing happy hours, allow rooftop revelers, parking lot drinking, Sunday sports and beer specials, Ladies night and more. We're simply assured the "Boiler Room has "no plans to change." Based on history, that's not enough. I am pleading Council members to please protect the rights of the neighbors over those who simply want a new happy hour spot and swiftly and unanimously deny this request to the Boiler Room. Sincerely, f � t v` Rebecca Groose-Jones;-'J 630 5th Avenue East Kalispell, Montana 59901 Subject: FW: Boiler Room complaints Date: Tuesday, February 1, 2011 8:38 AM From: Teresa Parker <kpd@kalispell.com> To: Office 2004 Test Drive User treasurestate@bresnan.net Conversation: Boiler Room complaints From: Teresa Parker Sent: Monday, January 31, 2011 11:07 AM To: 'treasurestate@bresnan.net' Subject: Boiler Room complaints Here's what I was able to find: Incident Number Call Current Address Call Type Narrative 2010- 525 8TH ST E Noise rp states the broiler room is playing music outside„ very loud 00020351 7t15/2010 22:21 rp states this is occuring a lot wants the music turned down —2010 - 724 5TH AVE E Noise Loud music coming from the "Boiler1 call RM"PID at thetold his hospital, RP states mayor advd him to en urs 7/16/20101 20:01 per k17 business has a single guitar player on the roof, was asked to turn it down 10-8 2010- 747 6TH AVE E Noise MUSIC IS VERY LOUD AND HE NEEDS IT SHUT DOWN. 00021555 7/30/2610 1--20:56 SUBJ COUNSELLED & WILL TURN MUSIC DOWN PER K15 2010- 747 6TH AVE E Noise loud music coming from boiler room 00025402 9/18/2010 22:20 1 /31 /2011 8:26:20 AM Teresa Parker Records Management Specialist Kalispell Police Department 312 1st Ave E Kalispell, MT 59901 406-758-7785 ------------------------- ------------------------- This communication is confidential to Kalispell Police Department and is intended solely for the use of the individual or organization to whom it is addressed. It may contain privileged or confidential information. if you have received this message in error, please notify the originator immediately. If you are not the intended recipient, you should not use, copy, alter or disclose the contents of this message. All information or opinions expressed in this message and/or any attachments are those of the author and are not necessarily those of Kalispell Police Department Kalispell Police Department accepts no responsibility for loss or damage arising from its use, including damage from a virus. EXCERPTS FROM DAILY INTER LAKE ARTICLE FULL ARTICLE CAN BE VIEWED AT ti p. ty.lr.r�'t. a!€rilitC I u GUt..I(tE1:' ii�Cu niontanaiaritUE t 1iC au '-u i '7Gt _ tL"J ii l Posted: Monday, March 29, 2010 2:00 am By HEIDI GAISER Brewing up a musical Venue Coffee house gives musicians a welcome performance spot Bars may play an important role in the local music scene, but for acoustic guitarist and singer Jonathan Parkison, the romance is over. He is tired of performing for people twho are more interested in drinking and socializing than the music and gars obviously are no place for his-yearaold daughter. So for Parkison, an atmosphere like that provided by the Boiler Room is the perfect alternative. The coffee house, located in what was the boiler building of the former Courthouse East that is now the Eastside Brick development, has quickly become a welcome addition to the local music scene. The renovated building, distinguished by the giant boiler that sits in a corner, was set up with a small stage, with room for more than 100 people to attend shows. "Surprisingly, the acoustics are really good in there," Parkison said. "It's great to have a completely all -ages -friendly Place with a eery intimate atmosphere. And it's kind of nice to have people who actually. care to hear themusic," For one of Parkison's recent shows there, his daughter and a few other young music fans spent the second set playing with toes while lounging on couches lined rasp against the walls. "It gave it real fun feel," Parkison said. "It's good to have a solid very artsy kind of eclectic gathering place." McShea is the son-in-law of Boiler Room co -owners Vince and Charlotte Padilla and husband to the Padillas' daughter Jasmine, who also is a co-owner. He has been setting up the music shows for the establishment, and said he's heard similar comments from the musicians who have played there." So far all the people who come in and play there said they love it as an option," he said. "People come in to see the musics they don't have to go downtovn, don't have to go into an environment v"'ith alcohol or dress up for the bar scenes" McShea said they envision catering to all ages a place for "pensioners, toddlers and everything in between" and helping artists out in the process. Theresa White From: Carol Thomas [caroltmt@yahoo.com] Sent: Monday, February 07, 2011 6:26 AM To: Theresa White Subject: Boiler Room Dear City Council Members, I am writing to express my opposition to the sale of alcohol at the Boiler Room. I patronize the Boiler Room, and I appreciate it for what is presently offers the community. Were I a resident of the surrounding neighborhood, I would be personally concerned about the degradation of the quality of life in my neighborhood should alcohol be available across the street. When considering the impact of this possible change, I cannot see how the greater good of the community or the neighborhood is served by making alcohol available at the Boiler Room. Sincerely, Carol Thomas 314 Ponderosa St. Kalispell 20 Theresa White From: Dale Haarr [dalehaarr@yahoo.com] Sent: Monday, February 07, 2011 2:22 PM To: Theresa White Subject: Boiler Room Request Dear Theresa, Please enter my objection to the application for a beer and wine license at the Boiler Room. To allow this compromises our zoning regulations. We have areas zoned for the sale of beer and wine and I don't think that we have a lack of properties available for this purpose. I agree that to allow this degrades the neighborhood which is a good east side residential neighborhood. To know that at 4:00 p.m. the traffic starts and school is barely out. And the big semi beer trucks backing in and out of the area is a hazard. Also, this will lead to some kine of gaming license and then hard liquor. Then the late night conflicts and traffic coming and going. Not good!! I trust that the council will act responsibly and not allow this. Wrong request, wrong neighborhoold, wrong time. Thank -you, Dale W. Haarr 80 Buffalo Hill Dr. Kalispell, Mt. 12 Theresa White From: Scott and Jenny Mattern Usmattern@hotmail.com] Sent: Monday, February 07, 2011 5:37 PM To: Theresa White Subject: Boiler Room wine and beer license To Whom it may concern, I'm writing on behalf of my husband and myself to voice our concerns about granting a wine and beer license to the Boiler Room. We live just two blocks from the Boiler Room. We are very supportive of having a neighborhood coffee shop, but we do not feel that the location of the Boiler Room lends itself to being an establishment that serves wine and beer. Thank you, Scott and Jenny Mattern