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Home My WebLink About179330 11/11/2009 CITY OF CARMEL, INDIANA VENDOR: 00351506 Page 1 of 1 ONE CIVIC SQUARE JOHN R. MOLITOR CHECK AMOUNT: $10,875.00 CARMEL, INDIANA 46032 DO NOT MAIL 9465 COUNSELORS ROW, SUITE 200 CHECK NUMBER: 179330 INDIANAPOLIS IN 46240 CHECK DATE: 11/11/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1192 4340000 20653 09 -61 1,575.00 ADDITIONAL SERVICES 1192 4340000 20653 09 -62 700.00 ADDITIONAL SERVICES ;1192 4340000 20653 09 -63 1,050.00 ADDITIONAL SERVICES 1192 4340000 20653 09 -64 4,550.00 ADDITIONAL SERVICES 1192 4340000 09 -90 3,000.00 LEGAL FEES John R. Molitor Attorney at Law (317) 843 -5511 9465 Counselors Row, Suite 200 Fax (317) 843 -1543 Indianapolis, IN 46240 -6150 e -mail jmolitor @prodigy.net PROFESSIONAL SERVICES I Date: November 5, 2009 Invoice No. C 09 -90 Re: Planning and Zoning Retainer October, 2009 o: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICE MONTHLY RATE 10/6/09 Plan Commission Counsel for regular monthly- Included meetings of Commission committees. 10/15/09 Plan Commission— Counsel for special meeting of Included subdivision committee. 10/20/09 Plan Commission— Counsel for regular monthly 3,000.00 meeting of Commission.. 10/26/09 Pian Commission —meet with staff and petitioner's Inc I u counsel re existing commitmerts on Altum py. operty. i 0/26/09 Board of Zoning Appeals Counsel for regular Included monthly meetings of Board and Hearing OfflcZr. GRAND TOTAL S 3,000.00 For Services Rer(Irre(1 i011109 to 1 109 John R. Molitor Attorney at Law (317) 843 -5511 9465 Counselors Row, Suite 200 Fax (317) 843 -1543 Indianapolis, IN 46240 -6150 e-mail jmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: October 6, 2009 invoice No. C 09 -61 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to Plan Commi_s.sion I- itigation �,vith Midwest Hospital4y Group (Proposed Holiday Inn) August September M09 To: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Sf:rvices cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 8/4/09 Calls with P. Vink re potential supplementation of G.0 record in response to arguments raised by petitioners; draft affidavit for execution by A. re supplemental record (other motel applications). 8/609 Meet with A. Conn (potential witness) re ordinance 4.0 provisions and history of other motel applications before Plan Commission; review case record and pertinent case law to prepare for oral argument. 8/7/09 .Appear at oral argument before Judge Najjar on behalf 3,0 of Plan Commission. Invoice for Additional Work October 6, 2009 Page 2 of 2 SUMMARY OF INVOICE *Total Hours: 9.0 Attorney Hours Hourly Rate: $175.00 per hour 1,575.00 NET DUE THIS INVOICE: 1.575. For Services Rendered 8/1109 through 9130109 f John R. Molitor Attorney at Law (317) 843 -5511 9465 Counselors Row, Suite 200 Fax (317) 843 -1543 Indianapolis, IN 46240 -6150 e-mail jmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: October 6, 2009 Invoice No. C 09 -62 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to Propose? SmartCode Ordinance August- September, 2009 To: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of CommunitN :Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 9/15/09 Meet with DOCS staff re committee members' 2.0 comments and questions relating to adoption of proposal; participate in call with consultants. 9/17/09 Meet with DOCS staff re committee members' 2.0 comments and questions relating to adoption of proposal; participate in call with consultants. SUMMARY OF INV *Total Hours: 4.0 Attorney Hours Hourly Rate: $175.00 per hour S 700.00 NET DUE THIS INVOICE: S 700.00 For Services Rendered 811109 through 9130109 P� I wno John R. Molitor Attorney at Law (317) 843 -5511 9465 Counselors Row, Suite 200 Fax (317) 843 -1543 Indianapolis, IN 46240 -6150 e -mail imolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: October 6, 2009 Invoice No. C 09 -63 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to Plan Commission Litigation with Ryan Lewis (Johnson Drive Garage) June September, 2009 To: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 6/25/09 Meet with D. Haney to discuss settlement negotiations 0.5 and litigation strategy. 7/1/09 Meet with L. Dierckman and group of neighbors to 1.0 discuss settlement negotiations and alternative litigation strategies. 7/7/09 Calls with M. Hollibaugh, L. Dierckman, and�C. 1.5 Russell to discuss potential compromise of claims and possible neighbors' intervention in case. 7/10/09 Calls with C. Russell, B. Boje (neighbors' attorney), M. 1.0 Hollibaugh, and L. Dierckman re neighbors' intervention in case, 8/4/09 Calls with B. Boje and M. Hollibaugh re neighbors' 1.0 intervention in case and filing of complaint. Invoice for Additional Work October 6, 2009 Page 2 of 2 9/10/09 Review answer to neighbors' complaint filed by Lewis; 1.0 calls with M. Holtibaugh and C. Russell to discuss. 9/24/09 Meet with D. Haney to discuss neighbors' complaint, 0.5 Lewis' answer, and case status. SUMMARY OF INVOICE *Total Hours: 6.5 Attorney Hours Hourly Rate: (,aj $175.00 per hour 1,137.50 NET DUE THIS INVOICE: 1,137.50 E E— For Services Rendered 6 through 9130109 �r John R. Molitor Attorney at Law (317) 843 -5511 9465 Counselors Row, Suite 200 Fax (317) 843 -1543 Indianapolis, IN 46240 -6150 e -mail jmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: October 6, 2009 Invoice No. C: 09 -64 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to BZA Litigation with American Towers, Inc. June September, 2009 To: City of Carmel One Civic Square Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 6/25/09 Meet with D. Haney re case status and findings of fact; 1.5 finalize findings for DOCS file. 6/30/09 Meet with R. Ware re settlement strategy and proposed 1.0 meetings with neighbors. 7/7/09 Meet with M. Hollibaugh and call J. Hester and R. 1.0 Ware re settlement strategy. 7/12/09 Calls with T. Ochs, J. Hester, and B. Babb re potential 1.5 settlement and alternative sites for tower, 7/17/09 Calls with T. Ochs re carriers' response to settlement 1.5 proposals; meet with R. Ware re settlement strategy. 8/3/09 Calls with T. Ochs.. J. Hester, and M. Hollibaagli re 1.0 potential settlement and alternative sites for tower. 8/10/09 Legal research re zoning exemption for park fac,iiities; 2.0 meet with J. Hester and D. Grisham re park !1oard involvement in settlement negotiations. Invoice for Additional Work October 6, 2009 Page 2 of 3 8/12/09 Calls with T. Ochs and D. Grisham re potential park 1.0 board interest in alternative site. 8/21/09 Legal research re application of zoning ordinance, BZA 1.0 rules to alternative tower site on park property. 8/24/09 Meet with T. Ochs, B. Ramirez (plaintiff's consultant), 10 M. Hollibaugh, D. Grisham, and M. Westermeier re alternative tower site; tour site and discuss potential settlement options. 9/2/09 Calls with T. Ochs and J. Hester re issuance of writ of 1.0 certiorari and settlement negotiations. 9/9/09 Calls with T. Ochs, R. Ware, and J. Hester re 1.0 procedural steps, settlement negotiations, and proposed alternative site. 9/14/09 Calls with T. Ochs, D. Grisham, R. Ware, and J. Hester 1.5 re park board involvement and carrier interest in proposed alternative site. 9/21/09 Meet with D. Grisham and M. Westermeier re park 2.5 board involvement in settlement talks; legal research re potential remand of case pending park board approval of alternative site lease. 9/22/09 Meet with park board members in executive session to 15 discuss possible settlement outline involving park board and BZA; brief members on status of case. 9/241/0 Meet with J. Merrill (attorney for seller of alternative 3.0 site) to discuss deed restrictions re use of park property; call T. Ochs, R. Sharp, M. Hollibaugh, and C. Holmes re settlement outline involving park board and BZA. Invoice for Additional Work October 6, 2009 Page 3 of 3 SUMMARY OF INVOICE *Total Hours: 26.0 Attorney Hours Hourly Rate: $175.00 per hour 4,550.00 NET DUE THIS INVOICE: S 4,550.00 For Services Rendered 6121/09 thrmugh 9130 �i Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 10/06/09 C 09 -63 Services related to Johnson Drive Garage $1,050.00 10/06/09 C 09 -61 Services related to Midwest Hospitality Group $1,575.00 10/06/09 C 09 -62 Services related to Smartcode $700.00 10/06/09 C 09 -64 Services related to American Towers $4,550.00 11/05/09 C 09 -90 John Molitor retainer $3,000.00 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 John Molitor IN SUM OF 9465 Counselors Row, Suite 200 Indianapolis, IN 46240 -6150 $10,875.00 ON ACCOUNT OF APPROPRIATION FOR Carmel DOCS Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 20653 C 09 -63 43- 400.00 $1,050.00 1 hereby certify that the attached invoice(s), or 20653 C 09 -61 43- 400.00 $1,575.00 bill(s) is (are) true and correct and that the 20653 C 09 -62 43- 400.00 $700.00 materials or services itemized thereon for 20653 C 09 -64 43- 400.00 $4,550.00 1192 C 09 -90 43- 400.00 $3,000.00 which charge is made were ordered and received except Monday, November 09, 2009 77 Z irector, CS Title Cost distribution ledger classification if claim paid motor vehicle highway fund