Lawsuit threatened over FHS parking plan

The harshest critic of Kalispell’s Flathead High School-area parking plan threatened court action as the measure received a final vote from the City Council Monday night.

In an email sent to Mayor Mark Johnson and City Manager Doug Russell on Sunday, Karlene Osorio-Kohr warned that a lawsuit would follow a passing vote on the parking ordinance.

“Residents of the westside parking district have contacted legal counsel and determined that there is no other option but for the residents to litigate,” Osorio-Kohr wrote.

The email elicited strong reactions from some council members, and at Monday’s meeting the parking plan passed its second reading.

A member of the Kalispell Planning Board, Osorio-Kohr pushed back against the changing form of the parking plan since an early version left the board.

She opposed compromises by city officials with the Kalispell Public Schools District 5, saying the city’s interest is in protecting the residents’ roadside parking.

To that end, she has pushed for a resident-only parking zone that bans students and school staff.

“This neighborhood asked for a residential parking district for residents, not for commuters,” Osorio-Kohr said at Monday’s meeting.

The council eventually passed a second and final reading of the parking district plan on a 5-3 vote with council members Wayne Saverud, Chad Graham and Phil Guiffrida voting against the measure.

The plan sets up a 15-block area east of Flathead High for permitted parking. Residents will get two free permits, while students and school staff must purchase them.

Additionally, students and school staff will be restricted to just one side of the road within the permit zone. That side alternates annually.

Osorio-Kohr’s email to city officials said multiple residents are speaking with attorneys. When asked by the Daily Inter Lake how many are in support of a lawsuit, she said that “they may form a group or a more formal organized entity to pursue this.” She didn’t provide a number.

Kalispell City Attorney Charlie Harball was asked about the potential for litigation. He said the city is legally able to create a parking district and did so with adequate findings of fact.

“As I look at what council is proposing here in the first reading, I feel comfortable that you are in the bound of what the council can do, the authority of the city,” Harball advised the council.

The response to the email by council members was pointed, even though two of responses came from council members who voted against the parking plan.

Graham, who is the president of the planning board, said that the threat of lawsuit surprised him.

Guiffrida, who was critical of the parking plan, said that he was “extremely disappointed” by the threat of legal action.

“Anyone threatening litigation against the city, its citizens, their friends and neighbors, I don’t support them being on boards,” Guiffrida said.

Planning Board members are nominated largely by the mayor. Osorio-Kohr’s term is up next year.

Mayor Johnson echoed that sentiment at the closing of Monday’s meeting.

“I can assure the council that when we see litigation threatened, you will not see a re-appointment from this mayor coming forward,” Johnson said.

Prior to a bid for re-appointment, however, is the municipal election this fall. Osorio-Kohr is a candidate for the Ward 3 seat currently held by council member Rod Kuntz.

Reporter Matt Hudson may be reached at 758-4459 or by email at mhudson@dailyinterlake.com.