05/19/05 Hansz/Research-Monk Extension AgreementCity of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
19 May 2005
To: Charles Harball, City Attorney
Cc: James Patrick, City Manager
From: James C. Hansz, P.E., Director of Public Works / City
Subject: Research - Monk Extension Agreement
The City Manager asked us to research whether a developer extension reimbursement agreement
exists between the City and Monk for a sewer he installed sometime around 1991. We have reviewed all
available records and found:
• No record in our files of any sewer extension reimbursement, or any other agreement
between the City and Monk and no information on our involvement in any discussion of
same.
• No record in the City Clerk's files regarding an extension agreement.
Attached are copies of all the items found on a microfiche search of the Clerk's records for the
term "Monk." There are many items, some of which refer to preparing an agreement. Others inquire the
status of agreement preparation. Other later documents imply the possible existence of an agreement, but
nothing indicates the City Council discussed and subsequently voted approval of an agreement with
Monk for cost reimbursement. In short, there was much discussion around the edges but nothing specific
and no copy of an agreement.
In addition to the failure of the data record to provide any evidence of an agreement, Fred
Zavodny has clear recollection of Mr. Monk visiting several times in connection with being paid money
owed. In each case Monk was referred by Fred to the City Attorney (Meier) who later informed Fred that
there was nothing owed to Monk, the matter had all been settled and in fact Monk owed the City.
In view of this, and also that Mr. Monk apparently has no copy of any such agreement, I believe
that the only remaining place to look for an extension agreement, if one ever existed, is the City
Attorney's archived files for the period in question, approximately 1991, or thereabout. Please check with
the City Manager to confirm his continued interest in further researching this matter. The Public Works
Department has no more information on this.
memo0762005.doc
May 19, 2005
To: James Hansz, Director f ublic Works
From: Fred Zavodn , j t a
Re: Robert Monk Database e
The City of Kalispell's Laser Fiche program was searched for "MONK". Attached are all of the
found documents for Robert Monk in chronological order beginning with the oldest on top. The
first mention of an Extension of Services Agreement that eventually resulted in litigation can be
found in the July 11, 1984 Annexation Committee minutes.
The Agreement was not located by Laser Fiche. It may be in the City Attorney's archived files
along with additional information on the litigation. The City Attorney's files are not on the City's
Laser Fiche database.