Kalispell council ratifies settlement with Flathead Warming Center, reinstates conditional use permit

The Kalispell City Council on March 17 unanimously approved Resolution 6246, ratifying a settlement agreement with the Flathead Warming Center, authorizing the city manager to execute a mutual release, rescinding Resolution 6227 and reinstating the center's conditional use permit (CUP).

City staff noted the case remains in active litigation until the parties submit the mutual release to the court and a judge accepts it. "The mutual release will be submitted to the court, which, if upon acceptance, would end the court case," city staff member Russell said when explaining the process. Council members asked staff how long the court would take; staff replied the timing would be at the judge's discretion.

The settlement includes a separate exhibit labeled Exhibit C containing an apology directed to the Warming Center's executive director, Tanya Horn. Councilor Hunter read the apology aloud during deliberations: "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." Councilor Hunter said he considered the apology "not comprehensive enough," but read it into the record.

Public comment at the meeting was extensive. Speakers included Flathead Warming Center program manager Ray Young, resource manager Sean Patrick O'Neil, a former guest Rebecca Smith, advocacy speakers Jamie Quinton, Cassidy Kipp and Kenny Nelson, and Warming Center Executive Director Tanya Horn, who urged the council and community to "turn the page" and work collaboratively. Ray Young told the council the center has served approximately 285 individuals since opening in November and described neighborhood outreach steps including a community connection guide and a complaint hotline; Sean O'Neil and center staff said the shelter had helped at least 23 guests into housing or treatment this season.

Council discussion emphasized reconciliation and future collaboration. Multiple councilors said the settlement is the best path to end a protracted and distracting dispute and to restore the life-saving service. Councilor Nunally (Nunnally) moved approval; Councilor Carlson seconded. The motion carried on a unanimous roll-call vote.

Following the vote, the council directed that the settlement and mutual release be signed and submitted to the court. Staff said submission of the executed release would be followed by the judge's determination, after which the litigation would end if the court accepts the release.