Kalispell City Council to settle deal with Flathead Warming Center

Kalispell City Council is expected to vote on an agreement with the Flathead Warming Center on Monday, ending a yearlong fight to shutter the homeless shelter that culminated in a lawsuit in federal court.  

Council meets at 7 p.m., March 17 in City Hall, 201 First Ave. E.  

If authorized, the settlement would permanently reinstate the low-barrier shelter’s conditional use permit, which was rescinded last fall in a 6-3 Council vote. Councilors who wanted the shelter shut down argued it reneged on promises to be a “good neighbor” during the application process, citing complaints of increased criminal activity in the area. 

In response, the shelter sued the city in federal court, arguing the decision was politically charged and violated its property rights. 

A settlement in the lawsuit was reached after a 13-hour mediation session on Feb. 25 that included Mayor Mark Johnson and Councilors Sid Daoud and Chad Graham. Johnson, Daoud and Graham had each voted to rescind the shelter’s permit. 

In a letter to the editor on Thursday, the Flathead Warming Center Board of Directors saw the settlement as a victory for not just the shelter, but for private property rights.  

“In Montana, where respect for private property rights has been foundational since the days of the first settlers, this decision reaffirmed that private charities like ours have the right to use private property and private money to serve the community without undue government interference,” the letter read.    

The deal would require the city to publicly apologize to shelter Director Tonya Horn for falsely accusing her of lying during the permit application process and would cost the city $140,000 in legal fees.  

As for the Warming Center, it must undertake routine cleanup patrols within a quarter mile of the shelter, search for ways to fund transportation in and out of the neighborhood, open different lines of communication with neighbors, and hold quarterly board meetings open to the public.  

After suing the city, the shelter won an injunction in November allowing it to operate pending the outcome of the case. During the court hearing, Johnson testified that shelter leadership was unresponsive to resident concerns and bears responsibility for homeless individuals off of its properties. 

Judge Dana Christensen, though, called Council’s decision to rescind the permit on the basis of being a good neighbor as nebulous and subjective.  

ON THE consent agenda for Monday night, Council is expected to hire Sandon Construction for its annual sidewalk and curbing reconstruction.  

Council is also expected to re-bid for contractors on its chip sealing because the two bids received were over the city’s budget of around $200,000.   

Council will also vote to proclaim March 2025 as Red Cross Month. 

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