Council ratifies settlement, restores Flathead Warming Center conditional-use permit and apologizes to its director

Kalispell City Council unanimously approved Resolution 6246 to ratify a settlement agreement between the City and the Flathead Warming Center, authorize the city manager to execute a mutual release, rescind Resolution 6227, and reinstate the warming center’s conditional-use permit (CUP).

City staff advised the council that the case remains in active litigation until the mutual release is submitted to and accepted by the court. Staff explained that, if the court accepts the agreement, the litigation would end and the parties would be released from the claims in the case; timing on that outcome depends on the judge.

The council voted 8-0 (one councilor previously recorded differently at first-reading stages) to approve the settlement at the meeting. Councilor Nunnally moved the resolution; Councilor Carlson seconded. The roll call recorded all present councilors voting yes.

The public comment period included multiple supporters of the warming center and guests who described services and outcomes. Ray Young, program manager for the Flathead Warming Center, told the council, “I believe the right thing is this settlement and moving forward and just turning the page so we can all work together as a community to keep dealing with the homeless problem that we do have.” Young said the center had served approximately 285 individuals since opening in November and that neighbors’ concerns were being addressed through a community connection guide and increased outreach.

Sean Patrick O'Neil, the warming center’s resource manager, described case-management programs and said the shelter had helped 23 shelter guests enter housing or treatment this season. A warming center guest, Rebecca Smith, described receiving case management, obtaining housing, a car and steady employment after staying at the center.

Several residents and service providers urged reconciliation and collaboration. Jamie Quinton criticized earlier council actions and said the city’s attention should focus on infrastructure such as sidewalks and clean water. Cassidy Kipp, who works in homeless services, urged the council to review published case materials and the injunction ruling and to address procedural failings that led to the dispute.

Tanya Horn, the Flathead Warming Center executive director, read a prepared statement and called for “turning the page,” said the center would continue outreach and invited neighbors to visit. Horn provided a community contact line (406-885-3042) and said the center will formalize some public-facing practices, including opening quarterly board meetings to public comment as an exhibit to the settlement.

During council deliberations Councilor Hunter read an apology included in the settlement for the record: “The conditional use permit rescission process and litigation has resulted in various accusations, some of which have unfairly landed on the Warming Center's executive director, Tanya Horn. The city does not believe Miss Horn committed perjury or lied in the Warming Center's conditional use permit application process. The city apologizes to Miss Horn.” Hunter said he considered the apology appropriate but not comprehensive enough.

Council members from both sides of the earlier dispute described the settlement as an opportunity to end a protracted, distracting legal fight and to recommit to collaboration among the city, service providers and neighbors. Several councilors said they were heartened by improved communication between the neighborhood and the warming center since January and encouraged continued outreach.

The resolution directs the city manager to execute the mutual release and reinstates the warming center’s CUP; implementation details beyond those actions were not specified in the meeting transcript.

Outcome: Resolution 6246 approved unanimously; the mutual-release must be filed with and accepted by the court to terminate litigation.