* Roll Call Number

May 7, 2007

Agenda Ite~ :;;1

Date...

APPEAL FROM LIMOUSINE LICENSE DENIAL

WHEREAS, Shawntell Rogers, 1602 Wilson Avenue, filed an application for a limousinedriver's license from the City of Des Moines; and

WHEREAS, Gary Fox, the City Traffic Engineer, denied this application; and

WHEREAS, Mr. Rogers requested an opportunity to address the City Council on thedenial of this application; and

WHEREAS, Mr. Rogers now has the opportunity to address the City Council; NOW,THEREFORE,

BE IT RESOLVED (Choose one of the two alternatives):

_ Alternative One: To uphold the decision of the City Traffic Engineer and deny Mr.

Rogers' limousine license application.

MOVED BY TO DENY APPLICATION.

_ Alternative Two: To reverse the decision of the City Traffic Engineer and grant Mr.

Rogers' limousine license application.

MOVED BY TO GRANT APPLICATION.

FORM APPROVED:~.~~Katharine MassierAssistant City Attorney

COUNCIL ACTION YEAS NAYS PASS ABSEN

COWNE CERTIFICATECOLEMA

HENSLEY I, DIA RAUB, City Clerk of said City hereby certifyKIERNAN that at a meeting of the City Council of said City of DesMAHAFFEY Moines, held the above date, otheron amongMEYER proceedings the above was adopted.VLASSIS

TOTAL IN WITNESS WHREOF, I have hereunto set my handMOTION CARIED APPROVED and affxed my seal the day and year first above written.

City Clerk

..........................................................................................Mayor

Rauh, Diane I.

From:Sent:To:Cc:Subject:

Fox, Gary L.Friday, May 04, 2007 12:09 PMRauh, Diane i.Massier, Kathy J.Limousine License Denial - Shawntell Rogers

Diane-

I have reviewed the background information from Mr. Rogers' application, and offer the following additional information forthe Council's consideration. As stated in my March 7, 2007 letter to Mr. Rogers, his application was denied based on his12/09/05 conviction for 3rd degree harassment, which caused him to not meet the requirements for good moral character.Mr. Rogers Iowa Criminal History also showed an arrest on 12/18/1995 for possession of a Schedule 1 ControlledSubstance, for which he received a deferred judgment. This event was not considered in the denial of Mr. Rogers'application because it occurred more than 10 years ago.

Mr. Rogers' driving record from the Iowa Department of Transportation shows two convictions for miscellaneous matters,but no safety related moving violations or license suspensions. Mr. Rogers' driving record does meet the requirements toobtain a limousine license.

I have attempted to contact Mr. Rogers regarding the need to produce a letter from the limousine company stating thatthey will hire him to drive a limousine, but have not received a response yet. I have also contacted the limousine companyMr. Rogers had indicated would hire him, and the owner of the company stated that he will not issue such a letter.

Gary L. FoxCity Traffic Engineer602 Robert D. Ray Dr.Des Moines i IA 50309Phone: (515) 283-4973E-Mail: glfox~dmgov. org

1

April 23, 2007Date................................................................................

5--'1(ú.'AgndaId~

mmmm/:.* Roll Call Number

......~.1..:....7.1~...........................................

APPEAL FROM LIMOUSINE LICENSE DENIAL

WHEREAS, Shawntell Rogers, 1602 Wilson Avenue, filed an application for a limousinedrivers license from the City of Des Moines; and

WHEREAS, Gary Fox, the City Traffic Engineer, denied this application; and

WHEREAS, Mr. Rogers requested an opportunity to address the City Council on thedenial of his application; and

WHEREAS, Mr. Rogers now has the opportunity to address the City Council; and

BE IT RESOLVED (Choose one of the two alternatives):

Alternative One: To uphold the decision of the City Traffc Engineer and deny Mr.Rogers' limousine license application.

MOVED BY TO DENY APPLICATION.

Alternative Two: To reverse the decision of the City Traffc Engineer and grant Mr.

Rogers' limousine license application.

FORM APPROVED: MOVE BY

I J ii n. r ~ Traffic 'an~. I i ~ backgrpund

Katharine Massier employmentAssistant City Attorney

TO GRANT APPLICATION.

to refer to Legal Department andTransportation Division to provide _-additional

informtion; applicant is - to provide a lett~r offõr review at the May 1, 2097 Coùncil Meeting.

COUNCIL ACTION YEAS NAYS PASS ABSENT

COWNCOLEMA

HENSLEY

KIRNAN

MAFEYMEYER

VLASSIS

TOTAL

l-l- CERTIFICATE

I,10 I, DIA RAUB, City Clerk of said City hereby certify

that at a meeting of the City Council of said City of Des

Moines, held on the above date, among otherproceedigs the above was adopted.

IN WITNESS WHREOF, I have hereunto set my hand

jSed my se:e l:;i: ab. ov~ written.~ . - . City Clerk

MOTION CARD

..OTY OP DES moines~DIANE RAUHCITY CLERKCITY HAL.2ND FLOOR400 ROBERT D. RAY DRIVEDES MOINES. IOWA 50309-1891

(515) 28209FAX (515) 237.1645ww.dmgov.org

PARKING TICKETSPET LICENSESBUSINESS LICENSES

ALL-AMERICAN CITY

1949, 1976, 1981,2003

¿ßDl-1g(

April 3, 2007

~Shawntell Rogers1602 Wilson AvenueDes Moines, IA 50316

Re: Limousine License Appeal of Application Denial

Dear Mr. Rogers:

The purpose of this letter is to acknowledge receiptof your timely appeal of the decision to deny issuanceof a Limousine License i as presented to you in theMarch 7, 2007 letter from the City Traffic Engineer.

Accordingly i I have set this matter for hearing onMonday, April 23, 2007 in the City Council Chambers,City Hall, 400 Robert D. Ray Drive. A copy of theportion of the City Code pertaining to the appealprocess is enclosed for your information. Failure toappear at the scheduled hearing will be deemed as awaiver of your rights to a hearing.

Please call if you have questions or concerns in thisregard.

Sincerely,"' ~\ '.', - lD~...'...........Diane RauhCi ty Clerk

DR:khEne.

cc: Jeb Brewer - EngineeringK. Ramsay-Massier - LegalS . Silver - PoliceG. Fox - T & T

."CITY o~ DE' moinE'""ENGINEERING DEPARTMENT

TRAFIC & TRASPORTATIONDIVISION-ARMORY BUILDING602 ROBERT D. RAY DRIVEDES MOINES, IOWA 50309-1891

(515) 283-4973FAX (515) 237-1640

ALL-AMERICA CITY1949,1976, 1981

2003

March 7, 2007~Oî,1ßCt

5tShawntell Rogers1602 Wilson AvenueDes Moines, IA 50316

RE: Limousine License

Dear Mr. Rogers:

Please be advised that based upon a recommendation of the Des Moines PoliceDepartment, I have denied your application for a Limousine Driver's License. Thisdenial is based on your criminal record, which does not meet the requirements forobtaining a Limousine Driver's License.

According to the Police Department records, the following activity occurred:

Criminal Record:09/24/05 Arrested on charge of 2nd degree Harassment. On 12/09/05, convicted

of 3rd degree Harassment and received 1-day jail confinement.

This record does not meet the requirements for good moral character as requiredby the City of Des Moines Municipal Code. Therefore, your application for aLimousine Driver's License is denied under Municipal Code Section 126-70.2 (a-2), (b-2, i, iv). A copy of this section of the code is enclosed for your information.

If you desire to appeal this matter, you may request a hearing before the DesMoines City Council by filng a written appeal with the City Clerk within ten (10)days of receiving this letter. If you do appeal this matter, your backgroundinformation wil be provided to the City Council and you must appear at thedesignated hearing for your appeal to be considered. You must also provide aletter from the Limousine Company that they wil allow you to drive for them.

Sincerely,

~ ;:JvGary ~. FoxCity Traffc Engineer

GLF/jagEnclosure

cc: Jeb Brewer, City Engineer

Katharine Massier, Legal Dept.

Steven Silver, Police Dept.Diane Rauh, City Clerk v

FtLFD'"m' tHD 20 AU 9' 2 ij ~ .~ l~Ii::'J'\ ¡ ¡--H -.. . i.. -.. f ~ t, -, l ..

Diane Rauh

City Clerk

City Hall

400 Robert D. Ray Drive

Des Moines, IA 50309

C..i".r.., ,"" 'C"/¡ îi \..Lti \r\jr-)\ I:; Ii\...vV¡I-\.DES

I request a hearng before the City Council to appeal the decision of the

City Traffic Engineer to deny my Limousine License application, as

outlined in Section 126-70.2 of the Muncipal Code. I understand I must

provide a letter from the Limousine Company stating t~t they will allow

me to drive for them and will provide dispatch servce to me.

Name jl~ er yJCAddress j(po,¿ ~/F/s tJ /L

Phone K-S-¡ -~ OS~Date -3/1 7/?J/,

.A~ro/~-sSignatue

øD11ß~

if

City of Des Moines, IowaOffice of

Des Moines Police DepartmentCommunity Outreach and Protective Services Section

Traffic Unit

/0D1~1i"

tjTo: Gar Fox

Traffc and Transportation

Date: 01 March, 2007

From: Steven SilverTraffic Communcations OfficerTraffic Unit

Subject: Limousine LicenseShawntell Rogers

Curently the applicant has a valid Iowa Class "B" drver's license which does meet therequirements to operate a limousine. A review of Mr. Rogers's Iowalcal criinal reflects thatwith in ten (10) years precedig this application the following activity took place.

09/24/2005 Arested on a charge of 2nd degree Harassment. On 12/09/2005 Mr. Rogers was

convicted of 3rd degree Harassment and received I-day j ail confinement, credited with I-daytime served, no contact order and assessed cour fees.

This application is being denied under City of Des Moines ordinance 126-70.2 (a-2) (b-2, i, iv).

lf(§~lê\W~IQ~~Steven Silver MAR .i 200

: ~&T~ATICI OF DEl.S. lO.

J)el,

"

CITY OF DES MOINES, IOWAOffce of

TRAFFIC AND TRANSPORTATION

TO: Officer Steve SilverDMPD Traffic Unit

DATE:

FROM: Gary L. Fox,City Traffic Engineer

SUBJECT:

NEW /' RENEWAL

Please run a record check, both criminal and driving on:

NAE SlIÚ fä J L. j(" lVs5.5. if! 5' - C¡o .. ~"B 3.;D.L. 1i/(p vy 0 ~ ;i (pB.D. .5 - i L -1/ADD I (p o;i Wi' I ~n fh~

.o~ 5D~/~

(RETURN BY MAIL COURIER)

Gary L. Fox,City Traffic Engineer

GLF/jag

Atachment

10 ISSUED DATE

RECEIPT NO. ;t tJ () c¡ g' 3

$ JO.OO DATE ~/;J1 /01,

AMOUNT

CAB COMPANY

~)..

Taxicab~ous~Drivers LicenseRecords Check

CAB OWNER

a~r./ \ 01,1ßl1

;l~dv1-07". CITY OF DES MOINES

APPLICATION FOR LICENSE TO DRIVE A TAXIC~MOUSI~/!()i.e,cS . :J/zrüvJe l( ¿td V(Last) (First) (Middle)

/øt?;2 W, ßd,V ~f/~1Æ5 P7 / /? ~ 5 :: ßJ Jo 31' €

(City, State &'Zip Code)lc Pb;1~Birth Date: ./-/Ç .7/ DL # )£.& Yy~::u; SS# l,9' 5 - ftl '¿77¿ Class: ;: Exp. Date: Ó '7!"~/() LI/.r/ r7 /Weight: /' Height: l. li Color of Hair: "'0 l/"- Color of Eyes: i-/#.. e.

Have you ever been licensed as a City of Des Moines Taxi/Limo Driver? t/ When?

Name

Address

~S-9-co~(Phone Number)

Years of experience driving an automobile. /'1l1 2. Taxi/Limo:

Have you ever had your driver's license suspended/revoked?

Give reason(s), for suspension/revocation.

lt If so, when?

List all convictiòns for traffic violations for which your licehsewas suspended/revoked during the last five (5) years.

List all convictions for criminal offenses other than traffic offenses during the last ten (10) years.

(lr¡yio

EDUCATION RECORD:Circle

School Highest GradeCompleted

- f) ~ D I DtJ': )78.l" ~, ~

4 c¡ '7 S- /7 ed~ ///9 ;eh~~I'l)JrltPS rJ2q.~¡po~P-- ElementarylJ#y'I) J"¡L~

High School

12345 6 7lj

9 10 11§

ÆD(

6/7 Co reo/

College 123456

Trade SchoolOther

1234

t".-:

List any physical impairments or disabilty that would affect your abilty to drive. ,J

List any current medications or medical conditions for the past five (5) years which might affect your abilty to drive:

V

City of Des MoinesTraffc and Transortation ,~" "'

APPLICATION FOR LICENSE TO DRIVE A TAXICAB/LIMOUSINE IN THE CITY OF DES MOINES

Page 2

REFERENCES (persons known by you for at least one year):

61 A-d ")~-=-L 7 I~ /'J~1. Name Phone No. 2ft' - ).3 5 :i

Address

2. Name 1l ;r r7 ~/'/' "J'Address I t7 i;" / J ¡.

3. Name Kf) / I~E: -v ll-ç IIAddress L¡ S-J '- bo c./q. 5

Phone No. ? ~~ - 3 / 7,l

, Phone No. -: /3 - '3 S-~I

i herêby agree th"át if a,liçènseto drive a Taxcab/Limousine is issued to me that i viín conform with aU ordinances, ruliand regí.ilatiorts goverhhigTaxicàb/Limousines and their drivers of the Cítyof Des Moines.

i hereby swear thát I am the individual making the foregoing application for a Taxicab/Limousine License and that theanswers to the foregoing qUestions arid other statements contained herein are true to the best of my knowledge andbeliet

ç;b)iò~(Date) . '

.~1LLr ~-~.(Applicant's Signature

Having been duly designated by the Chief of Police of the City of Des Moines for the purpose, I hereby certify that I heexaÎiined the applicant's arrest and traffic records. Afer careful examination, i hereby recommend that the applicantrequest for a license to drive a Taxicab/Limousine be:

o APPROVED ~EJECTED ~J//o'7 4:;~ .v~3/ lJate) / (Authorzed Representative. Chief of Police)

Sti-ite of ~owaDivision of Criminal Investigation

Wallace State Offce BuildingDes Moines IA 50319

Ph. 515-281-4776 Fax 515-242-6876

.....~01.11

-St

Iowa Criminal History Record CheckWalk-In Request

i¥6ûrhîhiiê"

,i\d(Ilès17....,...,.'1,~elt:F'Phpn~,

Fil in all shaded areas.

Results ii

DO USE ONLY

~Record attached, DCI # ,5*1 3 7 ýìf

DCI intials C!g

i-=-s: ~z ~ .,.ø...... mrT 0 ~::u: -r¡ '1".. i::L~ ::c:1:!;:: .,-; :i-I;;: '::(3æ: 9",¡¡,."~.._:.~, W.\,

c.n--.,....--As of ¡:£ /lal~ y 21200~ a name and date of birh check revealed:

DNo record foundCJ 01-uc(/J -i

(:1;E:p

Receipto cJNumber of requests J x $10.00 per last name = Total amount $ I tJ .-

Method of payment: ~h _money order _check #

MasterCard or Visa # Exp. DateCardholder's name

DCI initials (

.~ 9IOWA CRIMINAL HISTORYMISDEMEANOR CONVICTIONS ONLY

DCI :00513788

NAME: ROGERS, SHAWN

ROGERS, SHAWNTELL LEON SR

DOB

1970051619710516

SEX

M

RAC

B

HGT

510WGT

210EYE

BRO

HAIRBLN

ADDITIONAL IDENTIFIERS

PRCD L EAR

PRCD REARS CLEARTAT UL ARM

CCH RECORD * * *

01 ARRESTED 19951218AGENCY: IA0770300CHAGE NO - 01

POSS SCHI CONTROLLEDTRK#: 021438001

COURT DISPOSITION

AGENCY: IA077015J POLK CO DIST COURTCOUNT NO- 01 IA STATUE IA124-401-3POSSESSION CONTROLLED SUBSTANCE

TRK#: 021438001

DES MOINES PD

IA STATUE IA124-401SUSBTANCE

SENTENCE

DEFERRED JUGEMENTCOURT COSTS

PROBATION

COMMITY SERVICE

DEFERRED 1 YR

1Y

SOH

02 ARRESTED 20050924AGENCY: IA0770S00CHAGE NO - 01

HARASSM:€NT- 2ND

TRK#: 074015501

COURT DISPosITION

AGENCY: IA077015J POLK CO DIST COURTCOUNT NO-01 IA STATUE IA708. 7 (4)HARASSMENT / 3RD DEG. - 1989

COURT CASE ID: 05771 SRCR196821CHAGE CLASS: MISDEMEANOR CONVICTIONTRK#: 0740155Ò1

WEST DES MOINES PD

IA STATUE IA70B. 7 (3)

SENTENCE

TIME SERVED

JAILNO CONT1~CT ORDER

1D

1D

DCI 00513788PAGE 1 OF 2DATE PRINTED-2007/02/21

SKN

MED

POB

IA

DISP EFF DAT

19960229199602291996022919960229

DISP EFF DAT200512092005120920051209

...

6\ ~1£f

~1ß1(2) A concise history of the applicant i s employment for the

past one year.

(3) A concise statement of the history of his or her health.for the past one year and any present impairments ordisabilities.

(4) A list of all convictions (convicted of, pled guilty toor stipulated to the facts) for criminal offenses,other than traffic offenses, during the past year. Ifthe applicant has been convicted of, pled guilty to orstipulated to the facts of any criminal offense, theapplicant will provide certified copies of any and alldisposi tions of the criminal offenses to the citypol ice department.

(5) A statement that the contents of the completedapplication are true.

(6) The date the application is filed.

(7) Further information as the traffic engineer mayrequire.

(c) At the time an initial or renewal application is filedthe applicant shall pay to the finance director the appropriatefee in the amount set in the schedule of fees adopted by the citycouncil by resolution.

(0.13,720; COO, § 126-70.1; 0.14,175)

Sec. 126-70.2. Qualifications for limousine driver's license.

(a) Requirements. Each applicánt must meet the followingrequirements before a license may be issued:

(1) Possess a current valid motor vehicle chauffeurslicense, with the proper. endorsement, issued by thestate department of transportation.

(2) Be a person of good moral character.

(3) Have a good driving record.

(4) Be' at least 18 years of age.

(b) Defini tions.

(1) Good driving record means all of the following:

(i) The appl icant has not, wi thin the precedingfive years been convicted of any moving trafficviolation which resulted in automatic suspension orrevocation of an operators or chauffeurs license underI . C, ch. 321, 32 1A or 32 1J .

(ii) The applicant's operators or chauffeurslicense has not been suspended or revoked for anysingle moving traffic violation or combination ofmoving traffic violations within the preceding fiveyears.

(iii)The applicant has not, within the precedingone year, been convicted of three or more movingtraffic violations.

(i v) The appl icant has not, wi thin the precedingone year, been involved in more than one traff icaccident in which applicant was at fault.

(2) Person of good moral character means any personwho meets the following requirements:

(i) Has such good reputation as will satisfy thelicensing authority that he or she will comply withthis article and all other laws, ordinances andregulations applicable to the performance of his or herduties as a limousine driver.

(ii) Has not been convicted of, pled guilty to orstipulated to the facts of an offense involving moralturpi tude or sexual abuse wi thin the preceding tenyears.

(iii)Has not been convicted ofi pled guilty to orstipulated to the facts of an offense which is a simplemisdemeanor, other than those listed in paragraph(2) (i v) i below, wi thin the preceding five years.

(iv) Has not been convicted ofi pled guilty to orstipulated to the facts of an offense involving theft,assaul t, drugs, public exposure i harassment or fraudwithin the preceding ten years, whether the offense isa misdemeanor or a felony.

(v) Has not been convicted of, pled guilty to orstipulated to the facts of an offense which is a felonywi thin the preceding ten years.

(0.13,720; COO, § 126-70.2, 0.13,885)

~g~Sec. 126-70.3. Investigation of applicant; arrest and trafficrecord.

The police department shall review each applicant's arrestand traffic records and report the results of the investigationto the traffic engineer.

(0.13,720)

Sec. 126-70.4. Approval of application.

(a) If the traffic engineer determines the applicant meets therequirements he or she shall issue a license.

(b) If the traffic engineer determines the applicant does notmeet the requirements, he or she shall deny the license.However, the traffic engineer may issue a license if anyconviction resulting in suspension of an operator's licenseunder I.e. ch. 321, 321A or 321J or any other suspension ofan operator's or chauffeur's license did not involve drivingbehavior which is indicative of a disregard for publicsafety. Any license issued under this subsection shall besubj ect to a quarterly review to assure there have been nofurther convictions of traffic violations or criminaloffenses entered against the applicant during such quarter.

(c) Any applicant who is denied a license by the trafficengineer may request a hearing before the city council byfiling a written appeal with the city clerk within ten daysof the final action. Such appeal shall be heard by the citycouncil within 25 days of the date the notice of appeal isfiled with the city clerk. The sole issue before the citycouncil on such appeal shall be whether the traffic engineerhas abused his or her discretion in denying the license. Noaddi tional evidence may be presented in the appeal.

(0.13,720)

Sec. 126-70.5. Issuance.

Upon approval of an application for a limousine driver'slicense, the traffic engineer shall issue a license to theapplicant in the form of a laminated card containing a currentpicture of the driver and the license number, or such other formand style as the traffic engineer shall prescribe. This licenseshall be constantly and conspicuously displayed on the outside ofthe driver's hat, coat or outer garment while he or she is on anyairport property, and at all other times while on duty, thedriver shall keep the license in his or her possession. Any

DCI 00513788PAGE 2 OF 2

AN AREST WITHOUT DISPOSITION is NOT AN INDICATION OF GUILT. THIS RECORDMAINTAINED BY THE IOWA DIVISION OF CRIMINAL INVESTIGATION i BUREAU OF

IDENTIFICATION IS A lUBLIC RECORD BUT CA ONLY BE RELEASED TO NON-LAW

ENFORCEMENT AGENCIES BY THE DCI.

IN THE ABSENCE OF FINGERPRINTS FOR POSITIVE IDENTIFICATION THIS RECORD is

BASED ON INFORMTION FURISHED. WE CAOT CONFIRM OR DENY THAT THE RECORD

COVERS THE SUEJECT OF YOUR INQUIRY.DIVISION OF CRIMINAL INVSTIGATION ~

-t: ~~M~!'~1~~~r!~~!~~~~ www.driverinquiry.sllle.ia.us

OFFICE OF DRIVER SERVICES

CERTIFIED COPY OF DRIVING RECORD

Inquiry Date:

Customer ID:

D.L. Number:

Name:

Address:City/State:

Birthdate:

03/01/2007

42LB

746VY0626

ROGERS, SHAWNTELL LEON

1602 WILSON AVENUE

DES MOINES, IA 50316

05/16/1971 Sex: M

LICENSE INFORMATION:

Class: BAudit No:

Issue Date:

Expiration Date:

Non-Comm Status:

Commercial Status:

COMMERCIAL

91n42902106/2007

05/16/2009

VALID

VALID

ENDORSEMENTS:

PASSENGER VEHICLE

mSTORY INORMTION:Date1 Type Date0424/2004 CON 05/07/200412/19/2005 CON 01/04/2006

JUR ACDIA

IA

ExplanationMISCELLANEOUS

MISCELLANEOUS

In compliance with Iowa Code Section 321A.3, this document Is a true and correct abstract of the operating record on filewith the Department of l'ransporttlon as of the inquiry date.

IN OOMPLIANCE WlSEOTlN 321A.3, (lOWA ~~) IT IS

H~EBV OERTIFIED ~T THIS IS A'ìUEAND UORRroTABSiAOi OF,:rE OP.iRATlNG RECORD ON FILE IN ThE

OePAR5NT OF TRNSPORTATION. IN WITESS WHiÆO I 'HAVi: HE~fUNTO SET MY Hf~oANO AFlXEb 1ì SE Ò~

SAID DEPARTMENT AT Di: MOINES, IOWA, THS DATE

MAR Qá 200l

.~ X. &j/.polTClDRlSE /'

i..f...II"".?~~""~ ..-=......-.~__...:___ _L_L_ !_ ___I 1 . /"T TT_