Resolution 6227 - Rescinds Warming Center CUPRESOLUTION NO.622'7
A RESOLUTION BY THE KALISPELL CIT`t' COUNCIL REGARDING THE FLATHEAD
WARMING CENTER TO RESCIND THE CONDITIONAL USE PERMIT, DETERMINE
FINDINGS OF FACT, AND DECLARE AN EFFECTIVE DATE.
WHEREAS, the Flathead Warming Center was granted a Conditional Use Permit on November 2, 2020;
and
WHEREAS, on May 13, 2024, the City Council held a meeting where it discussed concerns related to
the Warming Center and its Conditional Use Permit, including hearing public comments
on the same; and
WHEREAS, on May 28, 2024, the City Council held a meeting where it reviewed and discussed the
concerns and testimony provided from the May 13 meeting, outlined concerns and
provided direction to move forward with a hearing to allow the Warming Center an
opportunity to respond to these concerns; and
WHEREAS, on July 15, 2024, the City Council held a meeting that included a hearing to allow the
Warming Center the opportunity to respond to the concerns; and
WHEREAS, on July 16, 2024, at a Special City Council Meeting, the City Council postponed action for
60 days to allow the Warming Center time to collaborate with the surrounding
neighborhood to address the concerns; and
WHEREAS, the Kalispell City Council finds that during the application process, the Warming Center
submitted a letter to the Kalispell Planning Board that included incorrect or untrue
statements upon which Council relied in granting approval of a zoning text amendment and
the Conditional Use Permit; and
WHEREAS, the Kalispell City Council finds that during the application process, the Warming Center
submitted a letter to the Kalispell City Council that included incorrect or untrue statements
upon which Council relied in granting approval of a zoning text amendment and the
Conditional Use Permit; and
WHEREAS, the Kalispell City Council finds that the application for the Conditional Use Permit signed
by Tanya Horn, the Executive Director of the Warming Center, on September 4, 2020
stated, ``I hereby certify under penalty of perjury and the laws of the State of Montana that
the information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and accurate
to the best of my knowledge. Should any information or representation submitted in
connection with this application be incorrect or untrue, I understand that any approval
based thereon may be rescinded, and other appropriate action taken."; and
WHEREAS, the Kalispell City Council finds that Kalispell Police Department call data establishes that
the Warming Center's homeless shelter use has created a negative adverse effect on the
surrounding neighborhood that exists during the homeless shelter's operating months of
October through April and that the adverse effect decreases during the months of May
through September when the homeless shelter is not operating; and
WHEREAS, the Kalispell City Council finds that statements from the Warming Center that it will not
take responsibility for things that occur off of the property and beyond its control contradict
information provided by the Warming Center in its application for the Conditional Use
Pen -nit and its letters to the City Council and the Planning Board; and
WHEREAS, the Kalispell City Council finds that public comments from all meetings held by the City
Council on the Warming Center's Conditional Use Permit establish that the Warming
Center's homeless shelter use has created a negative adverse effect on the surrounding
neighborhood; and
WHEREAS, the Kalispell City Council finds that statements by the Warming Center regarding its lack
of responsibility for effects on areas beyond its property or within 150 feet of its property
contradict statements in its application for the Conditional Use Permit and its letters to the
Planning Board and the City Council all of which City Council relied upon in granting
approval of a zoning text amendment and the Conditional Use Permit; and
WHEREAS, the Kalispell City Council finds that the Kalispell Chamber of Commerce, the Kalispell
Downtown Association, and the Kalispell Business Improvement District recommended
that the City Council "[i]ncrease police presence in the service triangle around the
Warming Center, Fairgrounds, and Gateway Mall during the busy seasons. In particular,
at 6pm and 8am when people are preparing to enter and exit the Warming Center
(Winter/Spring)." This recommendation demonstrates that the Warning Center's
homeless shelter use has created a negative adverse effect on the surrounding
neighborhood; and
WHEREAS, the Kalispell City Council finds that information and representations submitted in
connection with the Warming Center's application for the Conditional Use Permit is
incorrect or untrue; and
WHEREAS, the Kalispell City Council finds that the Warming Center's homeless shelter use has created
a negative adverse effect on the surrounding neighborhood; and
WHEREAS, the Kalispell City Council therefore finds that rescinding the Warming Center's
Conditional Use Permit is in the best interests of the City and deems the passage of this
resolution as necessary to protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. The Conditional Use Permit granted to the Flathead Warming Center by the
Kalispell City Council on November 2, 2020, is hereby rescinded.
SECTION 2. This Resolution shall be effective on September 16, 2024.
PASSED AND APPROVED BY THE CITY COUNCIL THE 16TH DAY OF SEPTEMBER, 2024.
SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 19TH DAY OF SEPTEMBER, 2024.
ATTEST:
Aim e Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor