10-723Council File # 10-723
Green Sheet #�_
RESOLUTION
OF�SAINT PAUL, MINNESOTA
Presented by
� •
1 WHEREAS, adverse action was taken against the T�icab Driver license held by Michael Leo
2 Frank (License ID #20090001871) for the Ciry of Saint Paul by Notice of Intent to Revoke License dated
3 June 16, 2010, alleging that on January 23, 2007, the licensee was convicted in Walsh County North
4 Dakota of Reckless Endangerment (C Felony) and Check Without Sufficient Funds (C Felony); and
6 WHEREAS, per Saint Paul Legislative Code §376.16 (e)(4)(a), the licensing office recommended
7 license denial due to the fact that the licensee was convicted of two felonies within five (5) years
8 immediately preceding license application; and
9
10 WHEREAS, licensee did not respond to the Notice of Intent to Revoke License to request a public
11 or administrative hearing; and
12
13 WHEREAS, the Notice of Intent to Revoke License stated that if the licensee failed to request a
14 public or administrative hearing by 7une 28, 2010, that the matter would be placed on the consent agenda
15 to impose the recommended penalty; now, therefore, be it
16
17 RESOLVED, that the Taxicab Driver license held by Michael Leo Frank is hereby revoked.
Harris
Adopted by Council: Date
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Requested by Department of:
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Fo roved by City Attorney
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Adoption Certi£ied b Coun ' Secretary Form Approved by Mayox fox Submission to Council
BY� � �/ BY� �.te�✓ �t.r.-:.
Approv d a o Date L/ �/o ��
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10-723
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� DepartmenflOfficelCouncil: � Date Initiated: '
! S � _Dept.ofSafety&Inspections ; 01JUL2010 �, GCeeI� Sheet NO 3115618
Confact Persan 8 Phone:
, Rachel Tiemey
266-s�i o
, Must Be on Counyil Age� a by (Date):
14-JUL-10 ( -'�, -�i� )
; Doc. 7ype: RESOLUTION ,
; E-Document Required: Y
, DocumentConWct: �ulieKraus
' ConWctPhone: 266-8776
�
Assign 1
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
0
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2
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Approval of the attached resolurion to adverse acfion against the Taacicab Driver license held by Michael Leo Frank (License ID
#20090001871) for the City of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following questions:
7. Has this person/firm ever worked under a contract for this departmenY?
Yes No
2. Has fhis person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On January 23, 2007, the licensee was convicted in Walsh County, North Dakota of Reckless Endangerment (C Felony) and Check
Without Sufficient Funds (C Felony) in violation of Saint Paul Legislative Code Section 37616 (e)(4)(a). After notification, licensee
did not respond to the Notice of Intent to Revoke License.
Advantages If Approved:
License Revocation.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
� Financiallnformation:
(Explain)
I,
CosVRevenue Budgeted:
Activity Number:
-L�
July 1, 2010 10:11 AM Page 1
10-723
SAINT
P"°� CITY OF SAINT PAUL
� Chrislopher B. Cofeman, Mayor
AAAA
June 16, 2010
OFFICE OF THE C1TY ATTORNEY
Gerald T. Hendnckson, C+ty Atlomey
crvrr D�v�s,o„
400 Gry Hall
IS West Kellogg Blvd
Sam1 Pau[, Mimnesom 55102
Telephone. 657 2668770
Facs�mde� 651 298-5619
NOTICE OF INTENT TO REVOKE LICENSE
Michael Leo Frank
3917 Heritage Hills Drive, Apt. 206
Bloomington, MN 55437
RE: Taa�icab Driver license held by Michael Leo Frank for the City of Saint Paul
License ID #: 20090001871
Dear Mr. Frank:
The Department of Safety and Inspections (DSI) has recommended revocation of the Taxicab
Driver license held by Michael Leo Frank for the City of Saint Paul. The basis for the recommendation
is as follows:
On January 23, 2007, you pled guilty and were convicted in Walsh County, North
Dakota of Reckless Endangerment (C Felony) and Check Without Sufficient Funds
(C Felony). Your probation for these two convictions will expired on April 14, 2011
and September 16, 2011 respectively.
This is a violation of Saint Paul Legislative Code §376.16 (e) (4) (a) which states:
"licensee shall not be under sentence or have been discharged from sentence for any
felony conviction within the five (5) years immediate[y preceding application for a
license and shall not be under sentence or have been discharged from sentence for any
non-traffic gross misdemeanor or non-traffic misdemeanor conviction within the three
(3) years preceding application for a license. " Therefore, vou would not be elieible to
app1Y for a Taxicab Driver license aEain in the Citv of Saint Paul until after
Seutember 17, 2016.
10-723
Michae] Leo Frank
June 16, 2010
Page 2
At this time, you have two options on how to proceed:
1. If you wish to admit the facts but contest the penalty, you may have a public hearing before City
Council, you will need to send me a letter with a statement admitting the facts and requesting a
public hearing. We will need to receive your letter by Monday, June 28, 2010. The matter will
then be scheduled before the City Council for a public hearing to determine whether to revoke
your license. You will have an opporiunity to appear before the Council and make a statement
on your own behalf.
2. If you dispute the above facts, or wish to present evidence that the conviction is not related to
your license as a taxicab driver, or that you have been rehabilitated pursuant to Minn. Stat.
§364.01 et seq, a hearing will be scheduled before an Administrative Law Judge. At that hearing
both you and the City will be able to appear and present witnesses, evidence and cross-examine
the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your
choice, please send me a letter no later than Monday, June 28, 2010, and I will take the
necessary steps to schedule the administrative hearing.
If you have not contacted me by that dafe, I will assume that you do not contest the
revocation of your license. In that case, the matter will be placed on the City Council Consent
Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2�,�.e ` c�,
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Rich Jents, DSI
STATE OF MINNESOT!
� ss. AFFIDAVIT OF SEi. �ICE BY U.S. MAIL
COUNTY OF RAMSEY )
10-723
Julie Kraus, being first duly sworn, deposes and says that on the ����day of
June, she served the attached NOTICE OF INTENT TO REVOKE LICENSE by placing a
true and correct copy thereof in an envelope addressed as follows:
Michael Leo Frank
3917 Heritage Hills Drive, Apt. 206
Bloomington, MN 55437
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�1
Juli aus
Subscribed and sworn to before me
this �day of June, 2010
;�� ��,���ee.�
' No a�iy Publi�
RRA M. BOSSARD
MpTARYPU�IC•AtlNNE50TA
MYCOMMISSION
EXPIRES JAN. 3i, 2015
10-723
Chapter 376. Taxicabsr Page 1 of 4
Sec. 376.16. Taxicab driver's license.
(a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any
owner or lessee of a taxicab allow any other person to drive a taxicab, within the city unless that
person has first obtained and displayed a taxicab driver's license under the provisions of this
Code.
(b) Orivers from other cities. Any driver licensed to operate a taxicab in another city may carry
passengers from that city to any place within the city and may freely enter and travel upon the
streets for that purpose. In that case, it shall not be deemed necessary for the taxicab driver to
obtain a city license, but the driver shall not be permitted to accept or offer any passenger for
hire in the city, or othenvise operate a taxicab within the city without first obtaining a license
under the provisions of this Code. While within the city, the taxicab driver shall be required to
observe all of the applicable regulations and conditions of this section and shall have in
possession and display to any person upon demand the license certificate for the taxicab.
(c) License application. Every applicant for a taxicab driver's license shall file an application
with the department of safety and inspections. The application shall be made on a form provided
by said division, containing such information as the license inspector may require, including, but
not Iimited to, a complete employment history, to verify that the terms and conditions of this
chapter have been met. The application shall be signed and sworn to by the applicant. Prior to
the issuance of the license, every licensee shail be photographed. The chief of police or his
representative shall investigate each applicant and shall forward the results of the application to
the license inspector. Any false statement on the application shall be grounds for denial, refusal
to renew or revocation of a license.
(d) License fee. The fee required for a license shall be established by ordinance as specified
in section 310.09(b) of the Legislative Code.
(e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows:
(1) Possess a valid Minnesota or Wisconsin driver's license;
(2) Be at least eighteen (18) years old;
(3) Be a citizen of the United States, or an alien admitted for permanent residence, or
who has othenvise obtained work authorization from the U.S. Immigration and
Naturalization Service;
(4) Shall not be under sentence or have been discharged from sentence for a felony
conviction within the ten (10) years immediately preceding application for a license for
the following offenses: Murder (Minn. Stat. §§609.185 to 609.195), manslaughter (§§
609.20 to 609.205), criminal vehicular homicide and injury (§ 609.21), assault I--III (§§
609.221 to 609.223), criminal sexual conduct (§§ 609.342 to 609.3451), indecent
conduct (§ 617.23, subd. 2 or 3); or any violation of the controlled substance law (§ 152
et al) which is punishable by a maximum sentence of fifteen (15) years or more; as
allowed under Minn. Stat. § 364.09.
a. The licensee shall not be under sentence or have been discharged from
sentence for any felony conviction within the five (5) years immediately preceding
application for a license, and shall not be under sentence or have been
discharged from sentence for any non-traffic gross misdemeanor or non-traffic
misdemeanor conviction within the three (3) years immediately preceding
application for a license.
b. The license inspector may grant, pursuant to Minn. Stat. § 364.03, an
exception to paragraph a. upon evidence that either the offense is not related to
the occupation of taxicab driver, or upon evidence of rehabilitation.
10-723
Chapter 376. Taxicabsx Page 2 of 4
c. A person holding a license on the effective date of this section (July 14, 2006)
will be disqualified from license renewal only for convictions that occur after the
effective date of this section. However, no licensee will be eligible for renewal if
the licensee has any felony convictions in the five (5) years preceding renewal; or
any nontraffic gross misdemeanor or misdemeanor convictions in the three (3)
years preceding renewal involving the use or threat of use of force, possession or
sale of a controlled substance, prostitution or indecent conduct.
(5) Shall have a driving record meeting the following standards:
a. No convictions in the last ten (10) years for any of the following offenses
involving injury or death; no conviction in the last three (3) years for any of the
following offenses not involving injury or death:
1. Leaving the scene of an accident under Minn. Stat. 609.21, or 169.09,
or similar law of another state or Minnesota law as amended;
2. Driving while impaired under Minn. Stat. § 169A20, subd.1, or similar
law of another state or Minnesota law as amended.
3. Misdemeanor Reckless Driving under Minn. Stat. § 169.13, subd. 1,
or similar law of another state or Minnesota law as amended;
4. Refusal to submit to a chemical test under Minn. Stat. § 169A.20,
subd. 2.
5. A person holding a license on the effective date of this section (July
14, 2006) will be disqualified from license renewal only for convictions
that occur after the effective date of this section. However, no licensee
will be eligible for renewal if the licensee has any convictions for the
above-listed offenses in the five (5) years preceding renewal or in the
three (3) years preceding renewal if the offense did not involve injury or
death.
b. No prior license revocation within one year immediately preceding application
as defined in Minn. Stat. § 169A.03, subd 21.
c. For original licensure: No more than four (4) moving violations within the lasl
three (3) years, and no more than two (2) moving violations in the last year. For
renewal: No more than four (4) moving violations within the last three (3) years
and no more than three (3) moving violations in the last year. A moving violations
shall mean for this subsection those A violation of a traffic regulation but does not
include a parking violation, vehicle equipment violation, or warning citation.
d. Every new applicant shall have at least one (1) year's driving experience as a
licensed driver.
e. An applicant who has had a driver's license outside the state of Minnesota at
any time during the ten (10) years prior to application shall submit a copy of that
applicanYs driving record from that state.
f. Upon submission of proof of suitability and evidence of insurability, the license
inspector may waive one (1) or more of the requirements listed above; provided,
that any such waiver shall indicate the grounds for the inspector's decision and
shall be approved by the director of the department of safety and inspections.
(6) Have a demonstrated knowledge of the provisions of the taxicab ordinance relating
to the conduct of taxicab drivers and the operation of a taxicab.
(7) Failure to apply for renewal of any taxicab operator's lice�se within thirty (30) days
after expiration shall be deemed an abandonment of the licensee's right to such renewal.
10-723
Chapter 376. Taxicabs" Page 3 of 4
(8) For any driver seeking originai licensure, or any driver whose taxi license has
lapsed for more than one (1) year if the driver never completed the taxicab driver training
course, or whose taxi license has lapsed for more than two (2) years if the driver
previously completed the taxicab driver training course, or as deemed necessary by the
license inspector: shall have successfully completed the taxicab driver training course as
set forth in section 376.17.
(� Duty to exhibif license. Effective March 15, 1991, every taxicab driver while on duty shall
display the front of his or her taxicab driver's license on the dashboard of the vehicle in a
location readily visible to passengers, which license displays the driver's photograph and license
number on the front in a manner approved by the license inspector. In addition to any other
penalties, a deputy inspector or police offcer may order the licensee to discontinue operations
until such time as the licensee has a license in possession.
(g) /ssuance of /icense. Each taxicab driver's Iicense shall have upon it a number by which the
license shal� be designated, a photograph of the licensee, and such other information as the
license inspector may require. The license inspector may issue licenses for a term of less than
one (1) year for a prorated initial fee in order to evenly distribute license expiration dates
throughout the year.
(h) Requirement of valid Minnesota or Wisconsin driver's license. Any time that a licensee's
Minnesota or Wisconsin driver's license is suspended, revoked or canceled, his or her taxicab
driver's license shall likewise be immediately suspended, revoked or canceled. No person shall
operate a taxicab without a valid Minnesota or Wisconsin driver's license.
(i) Renewals. A taxicab driver's license shall be issued annually. The license inspector may
cause the renewal of a taxicab driver's license from year to year by appropriate endorsement
upon the application for renewal and payment of an annual fee as set forth in Saint Paul
Legislative Code section 310.18. The driver shall make such renewal application upon a form to
be furnished by the department of safety and inspections. The renewal form shall be filled out
with the full name and address of the applicant, together with the date and number of the
original license. If a driver has not been licensed in the previous license year, he or she shall be
considered a new applicant.
(j) Suspension, revocation and nonrenewa�. A taxicab driver's license may be revoked,
suspended or not renewed by the license inspector at any time for cause pursuant to the
provisions of this chapter and chapter 310 of the Legislative Code. When a taxicab driver's
license has been revoked or suspended, it shall immediately be returned to the department of
safety and inspections. If the city council stipulates that a licensee whose taxicab driver's license
has been revoked may reapply after a specific period of time has elapsed, that period of time
shall not commence until the taxicab driver's license has been returned to the department of
safety and inspections.
(k) Revocation of state driver's license; limited licenses; impaired driving conviction.
(1) Any person holding a taxicab driver's license whose Minnesota or Wisconsin
driver's license is suspended, canceled or revoked for any reason shall immediately
surrender his or her taxicab driver's license to the department of safety and inspections.
The taxicab driver's license shall be returned to the licensee upon reinstatement of the
Minnesota or Wisconsin driver's license or issuance of a limited license authorizing
operation of a taxicab; provided, however, that suspension, cancellation or revocation of
a Minnesota or Wisconsin driver's license due to refusal to submit to a legally required
blood alcohol test under the state implied consent statute shall be grounds for the
revocation, nonissuance or nonrenewal of the taxicab driver's license.
(2) Any licensed taxicab driver whose Minnesota or Wisconsin driver's license has been
revoked and who has been issued a limited license authorizing the operation of a taxicab
shall immediately notify the department of safety and inspections of the same. At that
La�.�.//1.1 .t ��l _/AA^I/1/T _i]'__./1/�/�ii/�ininin����
10-723
Chapter 376. Taxicabs'� Page 4 of 4
time, the licensee shall furnish to fhe license inspector a copy of the limited license and a
written statement containing a schedule of the days and hours of each day during which
he or she will be driving a taxicab during the term of the limited license. No deviation
from the schedule shall be permitted. In addition, the licensee shail personally furnish to
the license inspector copies of all trip sheets for all shifts worked during the term of the
limited license.
(3) Any person holding a taxicab driver's license shall notify the department of safety
and inspections immediately whenever he or she is convicted of an impaired driving
offense.
(4) Refusal to take andlor failure to pass a chemical test administered pursuant to
169A.51 while on duty shall be grounds for revocation of a taxicab driver's license.
(5) Failure to comply with the provisions of this section shall be grounds for revocation
of a taxicab driver's license.
(I) Notification of change of address. Any person holding a taxicab driver's license, shall notify
the department of safety and inspections immediately whenever he or she has a change of
address.
(Ord. No. 17767, § 1, 9-18-90; C.F. No. 94-199, § 16, 3-23-94; C.F. No. 96-486, §§ 2--4, 6-26-96; C.F.
No. 97-870, § 1, 8-13-97; C.F. No. 99-231, § 1, 5-12-99; C.F. No. 00-574, § 1, 7-12-00; C.F. No. 03-
123, § 1, 3-5-03; C.F. No. 04-187, § 1, 3-3-04; C.F. No. 05-823, § 1, 9-28-05; C.F. No. 06-461, § 1, 6-
14-06; C.F. No. 07-149, § 127, 3-28-07