Flathead Warming Center permit back before Kalispell City Council

Kalispell City Council is poised to decide the fate of the Flathead Warming Center on Monday.  

Council will hold its regularly scheduled meeting at 7 p.m. on Monday, Sep. 16 in City Hall, 201 First Ave. E.  

After Council postponed a decision on whether to revoke the homeless shelter’s conditional use permit in July, shelter leadership was tasked with working with neighbors to reach solutions for complaints filed about the facility in the years since it opened.  

Official documents and emails indicate that the Warming Center met with a group of neighbors once in August to begin addressing those concerns. A city memo indicated that no report on the meeting or any solutions that may have been reached were presented to Council ahead of Monday night’s meeting.  

The Warming Center has been the subject of criticism from nearby residents and businesses, with many blaming the facility for an increase of homelessness, waste and law enforcement calls in the neighborhood. Critics also say the shelter has proven unresponsive to neighbors' concerns.   

Supporters have rallied around the shelter, arguing that increased homelessness is a culmination of population growth and a housing crunch felt across the valley and state. 

In a statement sent to the Inter Lake, Executive Director Tonya Horn said that the North Meridian Road low-barrier shelter is part of the solution to homelessness in Kalispell, has complied with the law and is a good neighbor.  

“If the city does revoke our permit, we will explore our legal options to defend the [Flathead Warming Center] and those who need our services. Any entity would do the same when facing such a threat,” read the statement.  

If Council decides to revoke the permit, Horn asked that the shelter be allowed to remain in operation through the winter, which will provide overnight stays for up to 50 guests per night beginning in October.  

DISCUSSION ON revoking the shelter’s permit began during a series of meetings in late spring and early summer when Council reviewed the allegations and took public comment both for and against the shelter. Councilor Chad Graham led the effort to bring the shelter’s permit up for review, arguing that leadership reneged on promises made during the application process. 

Council held a formal hearing in July, allowing shelter leadership to defend the facility against accusations that it violated the conditional use permit. Council ultimately gave the shelter 60 days to reach amicable solutions with its neighbors.   

Former Kalispell Public Schools Superintendent Mark Flatau volunteered to facilitate a discussion between the shelter and a select group of concerned neighbors. Chamber of Commerce President Lorraine Clarno and former Kalispell Police Chief and Republican lawmaker Frank Garner also aided in mediating the discussion.  

Warming Center representatives and the neighbor group first met on Aug. 19. Topics discussed included transportation of shelter guests on and off the premises, community outreach, waste management, and security and safety.  

A second meeting was scheduled for the following week but was called off by mediators after an email from the Warming Center’s board of directors said that they were open to further conversation but felt they would not be able to meet expectations set by the neighbor group. The shelter indicated that neighbors expected it to address issues beyond its property and legal capability. 

Members of the neighbor group appeared at an Aug. 26 meeting to inform Council of the stalled talks. 

 “The neighborhood that I represent here this evening does not find it meaningful to continue in discussion with the Flathead Warming Center as they have made it clear that they do not want to continue in discussion with us,” Marshal Taylor, a representative of the neighbor group, said during public comment. 

Michelle Weinberg, an attorney hired to represent the Warming Center in June, sent a letter to Council in July asserting that the shelter has not violated any of the nine conditions included in its conditional use permit, warning that revocation would violate state and federal law, and result in litigation.  

Weinberg argued that if the shelter had violated any of its conditions, concerns should have been addressed during the permit review process. The conditional use permit was granted by Council in 2020.  

Councilor Ryan Hunter has voiced skepticism in the past on Council’s legal ability to revoke or ban the conditional use permit over issues that are not listed as conditions on the permit.  

The process to revoke a conditional use permit remains unclear. 

Councilor Chad Graham declined to comment due to the topic being a line item on the upcoming agenda. Councilors Sid Daoud, Jed Fisher, Jessica Dahlman and Kari Gabriel along with City Manager Doug Russell failed to return messages seeking comment.  

Reporter Jack Underhill can be reached at junderhill@dailyinterlake.com and 406-758-4407.