HomeMy WebLinkAboutCC-12-02-02-05 2000 ClaimsSPONSOR(S): Councilor Wayne Wilson
RESOLUTION NO. CC-12-02-02-05
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AUTHORIZING THE PAYMENT OF FISCAL YEAR 2000 CLAIMS
FROM FISCAL YEAR 2002 FUNDS
WHEREAS, the City currently has three (3) outstanding invoices for the provision of legal
services relative to the 2000 Parkwood West TIF project; and
WHEREAS, these invoices are as follows: Invoice #621409, dated October 31, 2000 ($2,982.00),
Invoice #625917, dated November 30, 2000 ($4,478.50) and Invoice #628537, dated December 20, 2000
($1,852.50), copies of which are collectively attached hereto as Exhibit A (the "Invoices); and
WHEREAS, the Carmel Redevelopment Commission ("CRC"), at its last meeting in December,
2001, declined to pay these Invoices, thereby necessitating their payment by the Department of Law; and
WHEREAS, the City Attorney believes that the Invoices constitute proper expenses of the CRC;
and
WHEREAS, in February, 2002, the City Attorney inquired of CRC's counsel as to whether the
CRC would reconsider its earlier payment decision and sought to have the Invoices paid from the 2002
proceeds of the TIF project bonds, but has received no indication that the CRC will reconsider its earlier
payment decision; and
WHEREAS, the City Attorney is now desirous of paying the Invoices and has exhausted all other
avenues of payment; and
WHEREAS, the Legal Department budget has sufficient funds to pay the Invoices and has
submitted a claim ("Claim") that will finally resolve this matter; and
WHEREAS, the Common Council now wishes to facilitate the payment of the Claim.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel,
Indiana, that:
Section I: The City of Carmel approves the payment of the Claim, in the total amount of Nine
Thousand Two Hundred and Thirty Dollars ($9,230.00), from Law Department Line Item 430-40000 -
Legal Fees.
Page One of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Wayne Wilson
X. PASSED by the Common Council of the City of Carmel, Indiana, this ~ day of
ayes and
~,~_~ 2002, by a vote of ~ ~ nays.
COMMON COUNCI~FOR THE CITY OF CARMEL, INDIANA
P~sidil~g Officer
Wayne Wils(~n, P~.resident Pro Tempore ~ohn R. Ko.~'~ ~ .,o /'~
N.L. Rundle
/RobertJ~'e~ll
/~gffa'Yd'E. Carter Luci Sny er
AT~E~~ r
Diana L. Cordray, IAMC, C~-Treasure
Presented by me to the Mayor of the City of Carmel, Indiana, this.,~day of
2002, at q~-~2~ o'clockS. M.
Diana L. Cordray, IAMC, ~le~Treasurer
Approved by m..e, Mayor of the City of Carmel, Indiana, this~ day of ]-~c~'~t'q-z' 2002,
at ¢"~t¢"- o'clock,~.M.
~mes t~rainard, Mayor
ATTEST:
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
'BARNES ~ THORNBURO
ll SOUTH MERIDIAN STREET
INDIANAPOLIS, IND1ANA 46204-3535 U.S,A,
E.I.N, 35.0900596
CITY OF CARMEL
DOUG HANEY, CITY ATTOPuNEY
ONE CIVIC SQUARE
CARMEL, IN 46032
October 31, 2000
Invoice No. 621409
For legal services rendered in connection with
the following matter through the month of September 2000
as described on the attached summary.
00004288-000035
PARKWOODWEST TIF
$ 2,982.00
TOTAL DUE THIS STATEMENT
$ 2,982.00
Please remit payments, including a copy of this invoice to Barnes & Thornburg, Accounting Department,
SourE Meridian Street, Indianapolis Indiana 46204-3535 U.S.A. and include invoice number on your remittance.
00004288-000035
09/01/00 B. Donaldson
09/06/00 B. Donaldson
09/13/00 B. Donaldson
09/14/00 B. Donaldson
09/15/00 B. Donaldson
09/25/00 B. Donaldson
CITY OF CARMEL
pARKWOOD WEST TIF
Reviewed documents from
McHale, Cook & Welsh and
had phone calls with Sue
Beesley and CriS
johnston, regarding
establishment of TIF area
for Parkwood West
development.
Reviewed memo from
developer's counsel
regarding federal tax
issues in structuring TIF
transaction; had phone
call with Shaver
regarding needed economic
development plan.
Conferred with Bob Falk
of Duke-Weeks and Mike
Shaver concerning
establishment of TIF area
for Parkwood West
development.
Had multiple phone calls
with Shaver regarding
status of existing TIF
areas in Carmel and
proposed new TIF area;
had email exchange with
Mayor regarding need for
economic development plan.
Had phone call with
developer's counsel to
discuss gax issues on
land acquisition and
eligibility of proposed
improvements for
tax-exempt financing; had
call with Cris johnston
to discuss tax issue and
use of TIF proceeds for
land acquisition-
Had phone calls with Duke
representative regarding
working group conference
call; had phone
conversation with Shaver
and began reviewing
current status of
existing TIF areas.
.8O
.7O
.40
.5O
.6O
.80
212.00
185.50
106.00
132.50
159.00
212.00
PAGE
09/27/00 B. Donaldson
00004288-000035 CITY OF CARMEL
PARKWOOD WEST TIF
09/26/00 T. Riffle Reviewed bond and 1.40
disguised sale issues.
09/26/00 B. Donaldson Reviewed integrated 5.50
economic development plan
from Shaver; reviewed and
considered tax issues in
connection with
right-of-way acquisition;
reviewed materials from
Duke; prepared for and
attended meeting and
conference call at McHale
cook & Welsh with Duke
representatives and
counsel and Cris Johnston
to discuss various issues
in connection with
proposed TIF; had
multiple follow up calls
with Johnston and Shaver;
had meeting with Shaver
to discuss the various
issues and begin work on
economic development
plan; had phone call with
Mayor's office to arrange
meeting with Mayor.
Continued to consider tax
and other issues relating
to improvements that may
be financed with TIF bond
proceeds for Parkwood
West project.
.50
385.00
1457.50
132.50
. ........................... TIME AND FEE SUMMARY ......................*
. .......... TIMEKEEPER ......... * RATE HOURS FEES
T. Riffle 275.00 1.40 385.00
B. Donaldson 265.00 9.80 2597.00
TOTALS 11.20 2982.00
BARN£S ~ THORNBURG
CITY OF CARMEL
THE HONORABLE JAMES C. BRAINARD
MAYOR, CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL, IN 46032
November 30, 2000
Invoice No. 625917
PAYABLE UPON RECEIPT
For legal services rendered in connection
the following matter through the month of October
as described on the attached summary.
00004288-000004
RESEARCH ON MUNICIPAL ~AW
Other Charges
Copying Charges
TOTAL DUE THIS STATEMENT
00004288-000004 CITY OF CARMEL
RESEARCH ON ~/3NICIPAL LAW
lo/o2/oo
lO/O3/OO
B. Donaldson
B. Donaldson
~ad phone call with
Shaver regarding meeting
with Mayor and other
initial issues in
connection with
establishing new TIF
area; had phone call with
Duke-Weeks representative
regarding conference call.
Reviewed revised project
cost and timing estimates
from Duke-Weeks and
forwarded information to
Mayor; had additional
email correspondence with
Mayor and financial
advisor.
.30
.80
79.50
212.00
00004288-000004
~10/04/00
B. Donaldson
CITY OF CARMEL
RESEARCH ON MUNICIPAL LAW
plrsonal property tax
abatement.
R~viewed memo prepared by
developer's counsel
regarding land
ac~.-isition issues and
k~d Rhon~ =a&~ with
developer's counsel;
reviewed file, prepared
for and attended meeting
with Mayor, Mike Shaver
and Cris Johnston to
discuss City's position
on improvements to be
funded from TIF.
PAGE 2
4.20
1113.00
10/05/00
z0/09/00
E. Donaldson
B. Donaldson
-Had-~ultiple phone calls
with Cris Johnston;
prepared for and
participated in
conference call with
Johnston and developer's
counsel to discuss
initial issues concerning
projects to be funded
from-TIF and initial TIF
funding estimates; had
follow up call with
Shaver.
Reviewed first draft of
TIF numbers and project
budget prepared by Cris
Johnston; prepared for
and participated in
conference call wi~h Duke
representatives, Duke
counsel and Johnston; had
1.40 371.00
1.70 450.50
PAGE 4
00004288-000004
10/11/00 B. Donaldson
10/12/00 B. Donaldson
10/13/00 B. Donaldson
CITY OF CARMEL
RESEARCH ON MUNICIPAL LAW
Staehler, (City of
Carmel) Keith Gambrel,
Jay Benjamin and Arlene
Maheny (Katz Sapper &
Miller) regarding same;
worked on document
retrieval of letters from
IRS regarding exemption
to file referenced in
1997 letter from Benjamin
to Diana Cordray.
Prepared for and attended
meeting with Mayor,
Johnston and Duke
representatives to
discuss Parkwood TIF
project; left follow up
phone message with Shaver.
Exchanged voice'mails and
had phone conference with
Shaver to discuss various
issues in connection with
the establishment of
Parkwood TIF area and
preparation of economic
development plan.
Had phone call with
Shaver regarding economic
development plan issues.
3.50
.4O
.2O
927.50
106.00
53.00
000042B8-000004
CITY OF CARMEL
RESEARCH ON MUNICIPAY~ LAW
PAGE
lo/19/oo
B. Donaldson
Had phone call wi~h
developer's counsel
regarding details on
establishing economic
development area and
proposed timetable; had
multiple phone calls wi~h
Karl Haas, counsel to
Redevelopmen~ Commission,
and Mike Shaver; began
work on initial documents
for establishing TIF area.
1.80
477.00
PAGE 7
000042S8-000004
CIl~ OF CARMEL
REsF~CH ON M~CIPAJ. LAW
lO/3O/OO
B. Donaldson
developer's counsel ~nW '
Mike~haver regarding
needed approvals and
economic development plan
issueS.
.50
132.50
io/~i/oo
B. Donaldson
~aa phone calls w~Ch Lucy
snyder, Cris Johns=on,
pece Miller and Mike
shaver Lega=ding
esgablishmen= of TIF
discric= for Parkwood
Wes= and needed approvals
from Redevelopmen=
commission.
.BO
21~u00
00004288-000004
CITY OF CARMEL
RESEARCH ON MUNICIPAL LAW
PAGE 8
. ........................... TIME AATD FEE SUMMARY ......................
* .......... TIMEKEEPER ......... * RATE HOURS FEES
L. Strobte 295.00 .70 206.50
N. Steinbart 260.00 3.60 936.00
B. Donaldson 265.00 34.80 9222.00
R. Rall 2t0.00 .30 63.00
B. Burdick 175.00 9.50 1662.50
J. Ullom 115.00 5.50 632.50
TOTALS 54.40 12722.50
~ARN~$ (~ THORNBURG
11 SOIjTH MERIDIAN STREET
INDIANAPOLIS. INDIANA 46204-3535 U.S.A.
F-I.N.
CITY OF CARMEL
THE HONORABLE JAMES C.
MAYOR, CITY OF CARMEL
ONE CIVIC SQUARE
CARMEL, IN 46032
December 20, 2000
Invoice No. 628537
PAYABLE UPON RECEIPT
For legal services rendered in cOnnection with
the following matter through the month of Novgmber 2000
as described on the attached summary.
00004288-000004
RESEARCH ON MUNICIPALLAW
Other Charges
Copying Charges
Telecopy Charges
TOTAL DUE THIS STATEMENT
Please remit pavmehcs, including a copy of this invoice to Barnes & ']'homburg,
11 South Meridian Street, Indianapolis, Indiana 46204-3535 U.S.A. and include invoic
00004288-000004 CITY OF CARMEL
RESEARCH ON MUNICIPAL LAW
ii/oi/oo
B. Donaldson
Had phone calls wi~h Karl
Haas and Mike Shaver
regarding preparations
for Redevelopment
Commission meeting to
authorize TIF process for
Parkwood West.
.3O
79.50
ll/o3/oo
ii/o7/oo
B. Donaldson
H. Donaldson
Worked on~
Carmel matters
redevelopment
~ommisston issues and
Duke TIFmatters;
Prepared forand had
meeting with Mayor
Brainardregarding same.
Prepared let=er to
Redevelopment Commission
outlining scope'of
services for Parkwood
West TIF project.
Revised letter 2o
Redevelopment Commission
summarizing scope of work
in connection with
establishment of TIF
area, and had phone calls
with Shaver in connect/on
therewith; finalized and
faxed letter =o Shaver.
.30
.5O
79.50
132.
00004288-000004
11/08/00 B. Donaldson
CITY OF CARMEL
RESEARC~ ON MUNICIPAL LAW
Had phone calls with Cris
Johnston and
Redevelopment Commission
office regarding
Commission meeting; had
phone calls with Shaver;
% prepared f~r and a~=ended~
.. ~eet ,i~.g o~
'~ommission' to dtscus~ '
'.Barkwood West TIF
PAGE
4.50
1192.50
00004288-000004
CITY OF CARMEL
RESEARCH ONMUNICIPALLAW
regarding issues relaCed
to same.
PAGE 4
. ........................... TIME AND FEE SDI~4A~Y ......................*
· .......... TIMEKEEPER ......... * PATE HOURS FEES
B. Donaldson 265.00 7.50 1987.50
B. Burdick 175.00 10.20 .1785.00
J. Ullom 115'.00 12.50 1437.50
TOTALS 30.20 5210.00