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HomeMy WebLinkAbout14-260 ' r 1 Art February 18, 2015 CITY OF IOWA CITY 410 East Washington Street Mr. Brian Matthes Iowa City, Iowa S2240- 1826 418 Dakota Trail (319) 356-5000 (319Iowa City, IA 52240 www. gov.or356-509 FAX www.icgov.org Re: Revocation of Authorization to Drive a Taxicab Dear Mr. Matthes: This letter is my decision on whether your authorization to drive a taxicab should be revoked. A hearing was held on February 17, 2015 at 4:30 p.m. to determine whether your authorization to operate a taxicab should be revoked for violating state statute. The following people were present at the hearing: City Clerk Marian K. Karr, Assistant City Attorney Sue Dulek, and Police Sergeant Paul J. Batcheller. You did not appear nor did anyone appear on your behalf. As you know, the City Clerk recommended that your taxicab driver authorization be revoked for the reasons outlined in her letter dated February 12, 2015. The recommendation stems from your February 10, 2015 arrest for operating a motor vehicle while impaired, a violation of Iowa Code section 321J.2. With no evidence presented on your behalf at the aforementioned hearing, I concur with the City Clerk's recommendation, and I am revoking your authorization to drive a taxicab in Iowa City effective immediately pursuant to Section 5-1-5B of the City Code. Sincerely, • 'Geoff Fruin Assistant City Manager Copy to: Marian K. Karr, City Clerk Sue Dulek, Assistant City Attorney ,Marian Karr From: Doug Hart Sent: Thursday, February 12, 2015 5:41 PM To: Sue Dulek; Marian Karr; Paul Batcheller Subject: Personal Serivce on Brian Matthes has occurred. Original Message From:Ashley Jay Sent:Thursday, February 12, 2015 3:36 PM To: Doug Hart Cc: Chris Akers Subject: The paperwork was served to Brian Matthes this afternoon. Ashley Sent from my iPhone 1 a r 4 City of CO P February 12, 2015 j Mr. Brian Matthes 418 Dakota Trail Iowa City, IA 52240 Mr. Brian Matthes 418 Regency Iowa City, IA 52240 In re: Notice of Hearing on Revocation of Authorization to Operate a Taxicab Dear Mr. Matthes: Pursuant to City Code Section 5-1-5,I am notifying you that a hearing has been scheduled for 4:30 p.m. on Tuesday,February 17, 2015,in the City Manager's Conference Room at City Hall, 410 E. Washington St., Iowa City, Iowa. The hearing before the City Manager, or designee,is to determine whether the authorization to operate a taxicab in Iowa City should be revoked for the following violation of state law: On or about February 10, 2015,you were stopped by an Iowa City police officer while driving a Yellow Cab (license plate#BOC824)for a broken tail light. At this date and time,you admitted to Officer Brandon Faulkon that you had marijuana in your right front pocket and a pipe used to smoke marijuana. Additionally, Sgt. Batcheller performed tests indicating that you were under the influence of cannabis. You were impaired while operating a motor vehicle in violation of Iowa Code section 321J.2 and posed a risk to the public safety. As a result, I am recommending revocation of the authorization that allows you to operate a taxicab in Iowa City. Sincerely, Marian K. Karr City Clerk 410 EAST WASHINGTON STREET• IOWA CITY. IOWA 52240-1826 •(319)356-5041 •FAX(319)356-5497 a r 4:4 .pfailifigt ..71114r-os gni .e., City OP 01‘ February 12, 2015 (CC ) ' y Mr. Brian Matthes 418 Dakota Trail Iowa City, IA 52240 Mr. Brian Matthes 418 Regency Iowa City, IA 52240 In re: Notice of Hearing on Revocation of Authorization to Operate a Taxicab Dear Mr. Matthes: Pursuant to City Code Section 5-1-5,I am notifying you that a hearing has been scheduled for 4:30 p.m. on Tuesday,February 17, 2015, in the City Manager's Conference Room at City Hall, 410 E. Washington St., Iowa City, Iowa. The hearing before the City Manager, or designee,is to determine whether the authorization to operate a taxicab in Iowa City should be revoked for the following violation of state law: On or about February 10, 2015,you were stopped by an Iowa City police officer while driving a Yellow Cab(license plate#BOC824)for a broken tail light. At this date and time,you admitted to Officer Brandon Faulkon that you had marijuana in your right front pocket and a pipe used to smoke marijuana. Additionally, Sgt. Batcheller performed tests indicating that you were under the influence of cannabis. You were impaired while operating a motor vehicle in violation of Iowa Code section 321J.2 and posed a risk to the public safety. As a result, I am recommending revocation of the authorization that allows you to operate a taxicab in Iowa City. Sincerely, ? ;t44 ) '. Marian K. Karr City Clerk 410 EAST WASHINGTON STREET• IOWA CITY. IOWA 52240-1826•(319)356-5041 •FAX(319)356-5497 Authorization Number ) —a ( 9ED (Office Use Only) APPLICATION FOR TAXI/MOTORIZED PEDICAB VEHICLE DRIVER CITY OF IOWA CITY (Police Department review must be made between 8 a.m.to 3 p.m., Monday—Friday.) 410 East Washington Street lo . va 52240-1826 Failure to complete the "required"information will result in denial of the application (319) 356-5040 ( 5 - • AX ,, First_ addle Last 1. Name (REQUIRED) ,jl^) a{+A. / �1� - C11�1q� 2. Mailing Address (REQUIRED) �l •1c t2C'f �C1,tC't( - [,‘' 3. Contact Information (REQUIRED) Email: 11 Cir, i7/ 7Coen Cell Phone: 3//— /3.0`-907 4. Prior experience in transportation of passengers: Ye/(CL{r C'I 5. Have you ever been convicted of any misdemeanors and/or felonies in this State or elsewhere? f''S no*,Type of offense ? Where t+K'V�lhen ..�,�.T• M, , oresi nc.v,mrn: • ._ 6. Have youee convicted of operating a motor vehicle while under the influence of alcohol or drugs in the last five years? /1 G Type of Offense Where When 111f CC(CcOle/1Cir^S' Taue,e, tr Oxy 7. Have you been convicted of any traffic offenses in the last five years? Type of offense Where When 8. Has your driver's license or chauffeur's license been suspended or revoked in the last five years? non Type of offense Where When 9. Have you ever applied to be an Iowa City taxi driver using a different name? If yes, please provide the name(s) DEPARTMENT OF CRIMINAL INVESTIGATION (DCI) REPORT AND STATE CERTIFIED DRIVING RECORD MUST ACCOMPANY THIS APPLICATION FOR POLICE CHIEF REVIEW You must apply for an individual Department of Criminal Investigation Report(form available upon fewest).i 1 (OVER FOR REQUIRED SIGNATURE AND NOTARY) rrl t I C4.) 09/2014 • I hereby certify that I ha.vg,yssjed to me by the Iowa Department of Transportation a valid Chauffeur's license number 1 . kjc 11 tf' /1 . I understand that if I falsely answer any questions in this application, that this application may be denied. I understand that if I falsely answer any of the questions in this application, that this application will be denied. I agree that in making this application, I consent to allow agents or employees of the City of Iowa City, Iowa, in their discretion, to examine any and all records and documents relating to this application, and I further agree that, if a license is granted, to comply at all times with all of the provisions of Title 5, Chapter 2, of the City Code. (Needs to be signed in front of a Notary Public) Signature of Applicant j19 .7- YOU ARE NOT VALID TO DRIVE A TAXI IN IOWA CITY UNTIL AUTHORIZATION IS RECEIVED FROM THE CITY CLERK'S OFFICE. Authorized taxi driver names are placed on the city website at icgov.org. STATE OF IOWA COUNTY OF JOHNSON ) Subscribed and sworn to before me by 114C A - S . On this day of L ftt.t +/ARMY s.h1AVEA Notary Public in a for the State of I ..orstriviesoncomelleirlue7relovV41 I have reviewed this application, DCI report, and the State certified driving record of this applicant and have deter- mined that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City of Iowa City (Title 5, Chapter 2, City Code). .11 Signatur=of Folic=/ ref or .esignee Date YOU ARE NOT VALID TO DRIVE A TAXI IN IOWA CITY UNTIL AUTHORIZATION IS RECEIVED FROM THE CITY CLERK'S OFFICE. Authorized taxi driver names are placed on the city website at icgov.org. 41z� ' �Z. /y 4///,Signature ofXckt— lerk or designee Taxi cab businesses are required to provide Driver Identification cards. Cards must be 8 '/2" (width)and 51/2" (height) and prominently displayed to all passengers. Office Use Only Approved application DCI report State certified driving record Website update Clerk TAXIDRIVBADGEAPPL92014amended DOC 09/2014 , I hereby certify that have,jss�aed to me by the Iowa Department of Transportation a valid Chruffeur's license number L Lf?f df, . I understand that if I falsely answer any questions in this application, that this application may be denied. I understand that if I falsely answer any of the questions in this application, that this application will be denied. I agree that in making this application, I consent to allow agents or employees of the City of Iowa City, Iowa, in their discretion, to examine any and all records and documents relating to this application, and I further agree that, if a license is granted, to comply at all times with all of the provisions of Title 5, Chapter 2, of the City Code. (Needs to be signed in front of a Notary Public) Signature of Applicant !` T cif "-rfor:e4� 0 YOU ARE NOT VALID TO DRIVE A TAXI IN IOWA CITY UNTIL AUTHORIZATION IS RECEIVED FROM THE CITY CLERK'S OFFICE. Authorized taxi driver names are placed on the city website at icgov.org. ************************************************************************************************************************************************ STATE OF IOWA COUNTY OF JOHNSON ) Subscribed and sworn to before me by II) r I ca v -7(r) . (14 ro r -e S . On this LJ-tkv day of �lPc w3aok WENDYs.MAYER Notary Public in afitl for the State of Idiva • wnar2ww12*I Myy\Co22mmlyt��'Y�E�res ******* * ********* ************** ****************************************************************************************************** I have reviewed this application, DCI report, and the State certified driving record of this applicant and have deter- mined that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City of Iowa City(Title 5, Chapter 2, City Code). Signatur=of Polic_[ , of or .esignee Date YOU ARE NOT VALID TO DRIVE A TAXI IN IOWA CITY UNTIL AUTHORIZATION IS RECEIVED FROM THE CITY CLERK'S OFFICE. Authorized taxi driver names are placed on the city website at icgov.org.� v. 4/ /e Signature of C rk or designee \ Date Taxi cab businesses are required to provide Driver Identification cards. Cards must be 8'W'(width)and 5 1/2" (height)and prominently displayed to all passengers. ************************************************************************************************************************************************ Office Use Only Approved application DCI report State certified driving record Website update CIe,WrA%IDRIVBADGEAPPL92014amended00C 09/2014 • rIowa Department of Transportation . ill O4 ce of Driver Services ,(Toil Free)1 532-1121 PD Sax 0204,Dos Mole ,ISA 503016-9204 515-244-9124 NvioF 515•239.18 Certified Abstract of Driving Record Inquiry Date: 11/13/2014 DL/ID#: 713XX2989(IA) Customer#: 3293899 Name: Matthes, Brian Gene Class: D ID Status: EXP Address: 418 DAKOTA TRL Audit#: 7575812 DL Status: VAL Issue Date: 12/03/2013 CDL Status: None City/State: IOWA CITY, IA Expiration Date: 08/16/2018 CDL Cert Status: None 522409207 Endorsements: 3 CDL Med Status: None Mailing Address: 418 DAKOTA TRL Restrictions: Ignition Interlock Restriction IG Interlock Required Supplement: Required through 11/21/2014 Date of Birth: 8/16/1971 Mailing IOWA CITY, IA Sex: M City/State: 522409207 History Information Convictions Citation Date Conviction Date ACD Explanation County JUR 09/19/2002 12/30/2002 A20 Operating While Johnson IA Intoxicated 08/12/2013 09/10/2013 851 No Driver's License Johnson IA Name: Matthes, Brian Gene DL/ID: 713XX2989 Pursuant to Iowa Code §321.10, I, Kim Snook, Director of Office,of Driver Services, Iowa Department of Trd'portation, do hereby certify that I am the custodian of the records held by the Office of Driver Services,that this is a true and-accurate copy of an official record currently in the custody of said Office,and that I have been authorized by the Director:of-the Ias1a Departrent of Transportation to so certify. R-)—c' r ..- _ [1 1 In witness whereof, I have caused my signature and the seal of the Department to be set upon this document,=Ankepwa this date: .. . --- { f CO lir 11/13/2014 I\ D(4,1 IOWA ' , cliges„ • . { . T. rr , �h gRty ;' Office of Driver Services Iowa Department of Transporation Dec. '1. 2014 . 2: 33PM. Div of Criminal Investigation No. 5244 P. 1/5 '.'I'. Li. cvr-r J. LJii❑ viiy VIGIN idly VI tuna vtty ,No. 5244 f L • ^�� ...— STATE STAT OF IOWA `�`, p 0*IINA Criminal History Renard Check a,�: ` 3 y^� .,, i Request Form ,- .,4•,3-:.,7:.,•,,, •:,- `fats,,uzi,Zvi ,94)6-0 1 • DCI Account Number: Li O .-F - (lfappllcahfc) Po: Iowa Division of CrlminalInvesfigatlon From; city ofTowa Cit Support Operations Bureau,1l 17(oor • City Clerk's Office 215 E.7't'Street 410 E.Washington Street Des Moines,Iowa 5'0319 (515)725-6066 Iowa City, LA 52,240 (515)725-60110 Fax - )? onol 319-356-5041 - . Fait 319-356-5497 I am re.uostln: an Iowa.Criminal Histol Record Check on: Last Name (nietrdatory) first Name(mandatory) Middle Value(recommended) _� Mi afki'e_.5 ' , G,e , Date of Birth(mandatory) Gender(mandatory) Social Securi Number(recommended) 9"/(G 1 l Male OFemale _4(. 2_--72 2---72 5)"`2, 3$ Waiver%llformaiio1Z:'Without a signed waiver from the subject of the request,a complete criminal history record may not be releasable,per Code of Iowa,Chapter 6922,Vor,complete,criminal history record information,as allowed by law,always obtain a waiver signatureflrom the subiect o1'the request. f- Waiver'Release:I hereby give permission for Ilse above requesting official to conduct an Iowa criminal history record check withthe Division itCrintfnal'a InvrstIgatlotr(ACI). Any criminal history data concerning mc that Is tnaintaincd by the DCI may be rcicascd as allowed by law. ll � i. WaiveP Signature: . - U / /��.-6- - �SOAt • • Jtovlr Criminal History Record Check Results (Douce only) As of 11 / , a search of the.provided name and date of birth revealed: 0 No Iowa Criminal History Record found with DCI - j6 . Iowa Criminal History Record attached,DCI# lQii.,se -p-/ DCI initials ALA V Rare ivad Tin a-Anv. tri trf1114 ) PM Nn um Dec. 1. 2014 . 2 : 33PM Div of Criminal Investigation No. 5244 P. 2/5 XOWA CRIMINAL HISTORY DCI 00645874 MISDEMEANOR CONVICTIONS ONLY PAGE 1 OF 2 DATE PRINTED- 2014/12/01 DCI:00645874 NAME: MATTHES,BRTAN GENE DOB SEX RAC HOT WGT EYE HAIR SIGN POE 19710816 M W 601 325 GRN BRO FAR IA ADDITIONAL IDENTIFIERS TAT R ARM CCH RECORD *** 01 ARRESTED 20010604 AGENCY: IA0520100 CORALVILLE PD CHARGE NO- 01 IA STATUTE IA124-401(5) POSSESSION CONTROLLED SUBSTANCE I TRK#: 100259301 COURT DISPOSITION AGENCY: 1A052015J JOHNSON CO DIST COURT COUNT NO- 01 IA STATUTE 1A124.401 (5) POSSESSION OF A CONTROLLED SUBSTANCE COURT CASE ID: 06521 SRCR059016 CHARGE CLASS: MISDEMEANOR CONVICTION TRIO: 100259301 SENTENCE DISP EFF DAT DEFERRED JUDGEMENT 20011214 PROBATION 1Y 20011214 REVOKED 20021029 02 ARRESTED 20020619 AGENCY. IA0520200 IOWA CITY PD CHARGE NO- 01 IA STATUTE IA321J-2 OPERATING WHILE INTOXICATED TRK#: 100578601 COURT DISPOSITION AGENCY: IA052015J JOHNSON CO DIST COURT COUNT NO- 01 ,IA STATUTE IA321J.2(A) OPER VEH WH INT (OWI) / 1ST OFF COURT CASE ID: 06521 OWCR0624.58 CHARGE CLASS: MISDEMEANOR CONVICTION G'. TRIC#: 100576601 :'..' �__�. DRUNK DRIVING SCHOOL � ' SUBSTANCE ABUSE EVALUATION C7--; t t SENTENCE DISP EFF DAT --3 JAIL 2D 20021009 'r FINE $1000 20021009 l — 03 ARRESTED 20020919 AGENCY: IA0520200 IOWA CITY PD CHARGE NO- 01 IA STATUTE IA321J-2 OWI TRK#! 100664701 ,De.c. 1. 2014 2: 33PM Div of Criminal Investigation No, 5244 P. 3/5 DCI 00645874 PAGE 2 OF 2 COURT DISPOSITION AGENCY: IA052015J JOHNSON CO DIST COURT COUNT NO- 01 IA STATUTE XA321J.2 (A) OPER VEH WH INT (OWI) / 1ST OFF COURT CASE ID: 06521 OWCR063353 CHARGE CLASS: MISDEMEANOR CONVICTION TRK#: 100664701 DRUNK DRIVING SCHOOL SUBSTANCE ABUSE EVALUATION SENTENCE DISP EFF DAT SUSPENDED JAIL 23D 20021230 • JAIL 30D 20021230 FINE $1500 20021230 PROBATION 3650 20021230 REVOKED 20040209 AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT. THIS RECORD MAINTAINED BY THE IOWA DIVISION OF CRIMINAL INVESTIGATION, BUREAU OF IDENTIFICATION IS A PUBLIC RECORD BUT CAN ONLY BE RELEASED TO NON-LAW ENFORCEMENT AGENCIES BY THE DCI. IN THE ABSENCE OF FINGERPRINTS FOR POSITIVE IDENTIFICATION THIS RECORD IS BASED ON INFORMATION FURNISHED. WE CANNOT CONFIRM OR DENY THAT THE RECORD COVERS THE SUBJECT OF YOUR, INQUIRY. DIVISION OF CRIMINAL INVESTIGATION PIC c.a 0 C7 „+xa c")••-‹ 1 k,--=.0.• Cs.,)