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Home My WebLink About175030 07/22/2009 CITY OF CARMEL, INDIANA VENDOR: 00351506 Page 1 of 1 ONE CIVIC SQUARE JOHN R. MOLITOR CHECK AMOUNT: $10,175.00 CARMEL, INDIANA 46032 DO NOT MAIL 9465 COUNSELORS ROW, SUITE 200 CHECK NUMBER: 175030 INDIANAPOLIS IN 46240 CHECK DATE: 7/22/2009 DEPARTMENT AC COUNT PO NUMBER INVOICE NUMBER AMOUNT DE 1192 4340000 19726 C09 -56 700.00 ADDL SVS -LEGAL FEES 1192 4340000 19726 C09 -57 3,150.00 ADDL SVS -LEGAL FEES 1192 4340000 19726 C09 -58 3,325.00 ADDL SVS -LEGAL FEES 1192 4340000 C09 -86 3,000.00 LEGAL FEES John R. Molitor Attorney at Law 9_ 0 A (317) 843 -5511 9465 Counselors Row, Suite 200 0 6 Fax (317) 843 -1543 Indianapolis, IN 46240 -6150 e-mail jmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: June 24, 2009 Invoice No. C 09 -56 Re: Plan Commission and Board of Zoning Appeals Additional. Work Relating to Plan Commission Litigation with Midwest Hospitality Group (Proposed Holiday Inn) April -June, 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 4/2/09 Calls with P. Vink re filing of Return; draft and file 1.0 motion for enlargement of time to file Return, with proposed order. 6/11/09 Review petitioners' brief filed by D. Coots; calls with 3.0 P. Vink, M. Hollibaugh to discuss issues raised. SUMMARY OF INVOICE *Total Hours: 4.0 Attorney Hours Hourly Rate: $175.00 per hour 700.00 NET DUE THIS INVOICE: 700.00 For Services Rendered 411109 through 6120109 t Invoice for Additional Work June 24, 2009 Page 2 of 2 5/8/09 Calls with R. Ware re neighbors' intervention in 1.0 proceeding, findings of fact. 5/15/09 Meet with R. Ware re neighbors' intervention in 1.0 proceeding, findings of fact. 6/1/09 Meet with J. Hester re Ware's petition to intervene in 1.0 proceeding, findings of fact. 6/5/09 Calls with R. Ware re petition to intervene in 2 proceeding; meet with J. Brainard, B. Babb, and D. Haney re implementation of annexation agreement. 6/10/09 Calls with R. Ware, J. Hester re petition to intervene in 1.5 proceeding, findings of fact, attendance at Crooked Stick neighborhood meeting. 6/15/09 Meet with R. Ware re petition to intervene; attend 2.5 Crooked Stick neighborhood meeting; brief residents on status of case. SUMMARY OF INVOICE *Total Hours: 18.0 Attorney Hours Hourly Rate: $175.00 per hour 3,150.00 NET DUE THIS INVOICE: S 3,150 00 For Services Rendered 411109 through 6120109 Y 1 J ohn J R. Molitor Attorney at Law (317) 843-5511 9465 Counselors Row, Suite 200 Fax (317) 843 -1543 Indianapolis, M 46240 -6150 e -mail jmolitor @prodigy.net PROFESSIONAL SERVICES INVOICE Date: June 24, 2009 Invoice No. C 09 -57 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to BZA Litigation with American Towers, Inc. April -June, 2009 To: City of Carmel One Civic Square 06_ .29 F'o Carmel, Indiana 46032 Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 4/3/09 Meet with Robert Ware (remonstrators' attorney) re 1.0 findings of fact and defense of Board decision. 4/6/09 Calls with R. Ware and B. Babb re defense strategy and 1.0 associated compliance with annexation agreement. 4/9/09 Meet with J. Hester re defense strategy, preparation of 1.0 record, and drafting of findings of fact. 4/10/09 Calls with R. Ware, J. Hester re defense strategy and 1.0 findings of fact. 4/21/09 Draft findings of fact; meet with J. Hester re defense 1.0 strategy and preparation of record. 4/23/09 Draft findings of fact; calls with R. Ware, J. Ilester re 1.0 defense strategy and findings of fact. 4/24/09 Meet with R. Ware, J. Hester re findings of fact. 2.0 4/27/09 Meet with BZA members, J. Hester in executive 1.0 session to discuss defense strategy and findings of fact. 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: July 1, 2009 Invoice No. C 09 -86 Re: Planning and Zoning Retainer June, 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 MONTHLY RATE 6/2/09 Plan Commission Counsel for regular monthly Included meetings of Commission committees. 6/16/09 Plan Commission counsel for executive session to Included discuss strategy with respect to pending litigation. 6/16/09 Plan Commission Counsel for regular monthly 3,000.00 meeting of Commission, and special meeting of Executive Committee. 6/22/09 Board of Zoning Appeals Counsel for regular Included monthly meetings of Board and Hearing Officer. 6/30/09 Plan Commission and Board of Zoning Appeals— Included attend dialogue meeting with members and staff. GRAND TOTAL 3,000.00 For Services Rendered 611109 to 6130109 9�� Invoice for Additional Work June 24, 2009 Page 2 of 2 6/8/09 Meet with R. Lewis, C. Russell, and L. Dierckman for 3.0 settlement negotiations. 6/12/09 Review draft settlement agreement as prepared by C. 1.0 Russell; calls with Russell to discuss draft and my comments. 6/15/09 Calls and messages to C. Russell, M. Hollibaugh re 1.0 draft settlement and comments. 6/16/09 Calls and messages to C. Russell, M. Hollibaugh re 1.0 draft settlement and comments. 6/18/09 Meet with Greens and other neighbors re draft 1.5 settlement and comments. 6/19/09 Calls and messages with L. Dierckman, M. Hollibaugh 2.5 re draft settlement and neighbors' comments. SUMMARY OF INVOICE *Total Hours: 21.0 Attorney Hours Hourly Rate: $175.00 per hour 3,675.00 NET DUE THIS INVOICE: ---S-3,675.00 For Services Rendered 411109 through 6120109 J 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: June 24, 2009 Invoice No. C 09 -58 Re: Plan Commission and Board of Zoning Appeals Additional Work Relating to Plan Commission Litigation. with Ryan Lewis (Johnson Drive Garage) April -June, 2009 To: City of Carmel 0 g,C l One Civic Square Carmel, Indiana 46032 J 5� Attn: Michael Hollibaugh, Department of Community Services cc: Douglas C. Haney, City Attorney DATE DESCRIPTION OF SERVICES *HOURS 4/20/09 Draft proposed complaint; calls with L. Dierckman and 4.0 M. Hollibaugh re status conference, litigation strategy, and need for additional executive session. 5/4/09 Meet with D. Haney to discuss draft complaint and 1.0 litigation strategy. 5/6/09 Calls with Chris Russell (opposing counsel) to discuss 1.0 draft complaint and potential compromise of claims. 5/7/09 Meet with C. Russell to discuss draft complaint and 1.0 potential compromise of claims. 5/12/09 Calls with C. Russell re potential compromise of 1.0 claims; finalize draft complaint for filing. 5/18/09 File complaint with Hamilton Circuit Court; calls with 1.0 C. Russell re potential settlement. 6/5/09 Calls and messages with Howard and Holly Green 2.0 (neighbors), C. Russell, and L. Dierckman re potential settlement negotiations. 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)) 06/24/09 C09 -58 Lewis Garage $3,325.00 06/24/09 C09 -57 American Towers $3,150.00 06/24/09 C09 -56 Midwest Hospitality $700.00 07/01/09 C09 -86 Retainer $3,000.00 1 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 $10,175.00 ON ACCOUNT OF APPROPRIATION FOR Carmel DOCS Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 19726 C09 -58 43- 400.00 $3,325.00 1 hereby certify that the attached invoice(s), or 19726 C09 -57 43- 400.00 $3,150.00 bill(s) is (are) true and correct and that the 19726 C09 -56 43- 400.00 $700.00 materials or services itemized thereon for 1192 C09 -86 43- 400.00 $3,000.00 which charge is made were ordered and received except Monday, July 20, 2009 Dir, tor, DO Title Cost distribution ledger classification if claim paid motor vehicle highway fund