Kalispell still mulling options for clean and sober houses

At a work-study session Monday night, the Kalispell City Council pondered what to do about clean and sober houses.

Freedom House, a clean and sober house that already exists and has applied for a conditional-use permit, would not be impacted by future legislation because it would be “grandfathered.”

All three Freedom House board members resigned this week, including President Randy Marr, his wife Annette Marr, and Francine Stone. It was second time Randy Marr resigned in the past few months. In spite of that, Bill Hawk, who serves as a volunteer house manager, said Wednesday the Freedom House is moving forward.

The council has declined to act on Freedom House’s permit request for several months. Instead, council members directed City Attorney Charlie Harball to ask Montana Attorney General Steve Bullock for a legal opinion defining clean and sober houses.

Harball said he’s currently having discussions with Bullock’s office on “framing the question. We want to get something back that’s helpful. We’re going to get a fairly broad answer. It’s not going to be about clean and sober houses specifically. We want a fairly clear guideline.”

City Planning Director Tom Jentz recommended considering Freedom House a community residential facility, but Freedom House isn’t required to be licensed by the state because it doesn’t have a treatment program for participants.

Council member Bob Hafferman suggested the council enact a moratorium on future clean and sober houses, define what a family is, and define a community residential facility as one that’s licensed by the state. Hafferman said the council also needs to look at parking issues, which are a problem in the neighborhood where the Freedom House exists, at 1128 Third Ave. W.

Mayor Tammi Fisher asked Harball to “get us a legal basis for defining a family. We open a kind of horrendous can of worms if we start trying to define family.”

The zoning ordinance previously defined a family as containing no more than four unrelated persons, but that definition ended earlier this year when the council updated the ordinance.

Hafferman said there’s nothing the city can do about Freedom House, except to approve the conditional-use permit with a requirement that they not have a sign. Freedom House originally had a sign but removed it months ago.

Council member Randy Kenyon said he agreed with Hafferman.

“The level of desperation of holding these people back is getting to the point of absurdity,” he said.

Kenyon said the council should grant the conditional-use permit and “move on to reworking the zoning ordinance.”

Harball has said the attorney general could take up to four months before issuing a legal opinion.

On Wednesday, Hawk said the Freedom House may not continue to operate under that name. Hawk said he believes in the principles set forth by its founder, Randy Marr, but noted that Marr’s recent arrest was a distraction. Marr was released from jail on Friday after he was sentenced to 21 days for a probation violation.

Hawk said two men recently left the house due to their images being broadcast on a local TV station. Counting Hawk, there are currently three men in the home, but another man is expected next week and two more soon afterward, he said.

Hawk said the home is “not even close” to being the rowdiest home in the neighborhood.

“I like managing the house, doing peer-to-peer counseling and working with the guys,” Hawk said. He said there are a number of people he expects to join the board within the next week.

Reporter Caleb Soptelean may be reached at 758-4483 or by e-mail at csoptelean@dailyinterlake.com