Kalispell Council Revokes Flathead Warming Center’s Permit

Following a months-long saga of public meetings, the Kalispell City Council on Monday night took the unprecedented step of revoking the Flathead Warming Center’s conditional use permit in a 6-3 vote, citing widespread complaints from neighbors.

Councilors Kari Gabriel, Chad Graham, Sid Daoud, Jed Fisher, Sam Nunnally and Mayor Mark Johnson voted in favor of the revocation while councilors Sandy Carlson, Jessica Dahlman and Ryan Hunter voted in opposition.

The vote comes five months after Councilor Graham requested a work session to discuss the potential revocation of the permit, which was unanimously approved in 2020. Since the initial meeting, there have been several public hearings that drew crowds filling council chambers with divided community members who gave hours of public testimony. The council in July voted to postpone the decision to allow collaboration between the Warming Center and the surrounding neighbors.

Councilors have accused the low-barrier homeless shelter’s leaders of not following the criteria outlined in the conditional use permit. The permit allows the 50-bed center to operate on North Meridian Road in neighborhood business zone B-1, which is not zoned for a homeless shelter.

Proponents of the revocation have blamed the Warming Center for attracting homeless individuals to the neighborhood where, according to complaints, many of the clients exhibit frequent disruptive behavior including public defecation, drug use, mental health episodes and criminal activity.

“The Warming Center has indicated they are not responsible for the actions of others,” Graham said. “I would say that if you have attracted individuals to the area and they either do not get into the Warming Center or are kicked out for bad behavior, they are now in the neighborhood due to the services that you have provided … They are responsible for the adverse and negative impact that has been created for those that live and do business there. Neighborhood complaints, public comment and law enforcement call data backs up that an adverse effect has been created for the neighborhood and surrounding area.”

Councilor Sid Daoud said he had hoped the community and the Warming Center’s leaders could collaborate on solutions but said their failure to do so influenced his vote for the revocation.  

“One of the criteria we are looking at specifically is one of the questions, ‘Has the conditional use had a negative impact on the neighborhood?’ And since looking into this question and the evidence found and presented, I must answer that question with a yes … Tonight, I have to do something that may be against my nature but falls squarely on my responsibility as a city councilor,” Daoud said.

Councilors who opposed the revocation defended the Warming Center’s services and said the process has distracted the city from coming up with solutions to address homelessness and housing.

“Not only is it unfair to blame the Warming Center, a very needed and life-saving service provider for our citywide homeless problem, but also because I doubt we have the legal authority to reconsider a conditional use permit at all,” Councilor Hunter said. “If we were to revoke our amendment on our conditional use permit, we risk losing in court, which would cost our taxpayers a ton of money.”

Councilor Carlson cited the onset of cooler temperatures and harsh winter conditions as part of her decision to vote against the revocation.

“I am sorry that the neighbors are going through what they are; however, I am looking at winter coming in the next few weeks,” Carlson said. “I hate to say that but it’s going to be here and to send the guests of the Warming Center out to the streets is wrong.”

In July, Flathead Warming Center Executive Director Tonya Horn defended the shelter’s record against allegations that its presence has increased the homeless population in the area on North Meridian Road. The nonprofit was also accused of not being a “good neighbor” as residents continued to raise concerns about client behaviors.

Horn at the Sept. 16 meeting reiterated her defense of the Warming Center, telling the council the organization is part of a solution to aid homeless individuals and that they cannot assume responsibility for the community’s grievances.  

“Voting to take away our conditional use permit will violate our right to help the homeless and their right to be helped,” Horn said. “I have no doubt that each member of the council considers themselves to be a champion of our constitutional rights – yet here we are about to violate ours using a process you would never use for anyone else.”

According to City Attorney Johnna Preble, there is no record in the Montana Supreme Court that involves the revocation of a conditional use permit that had been issued by any municipality in the state.

In an interview with the Beacon on Tuesday, Horn said city officials have not given her any guidance in the next steps following the decision due to the unprecedented nature of the conditional use permit revocation.

“We will be fighting for our right to help the homeless and their right to be helped,” Horn said. “We are looking at all of our legal options.”

Horn also said providers have begun communicating with clients about the center’s shutdown, with many expressing concern and uncertainty about their futures.

“We will be communicating with them to continue on their journey to be well and we will fight for their right to be helped,” Horn said.

Kalispell city administrators did not immediately respond to the Beacon’s request for additional comment.

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