03/18/91 Board of Public Works Minutes

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REGULAR MEETING MARCH 18, 1991 that Yellow Cab and Courtesy are the only cab companies that comply with all the requirements of the code with respect to taxi cab service. Currently there are seventy (70) licenses issued by the City and five (5) pending with recent applications for Mishawaka Cab Company. Many companies providing services only have ten (10), twelve (12) or fifteen (15) cabs operating to provide service. Section 15-11 of the City of South Bend Municipal Code requires a company to provide overall service to the community and to operate twenty-four (24) hours. All of the other companies, except Yellow Cab and Courtesy, have limited their service to the lucrative areas and leave the remaining grunt work to Yellow Cab and Courtesy Cab. Mr. Butler stated that they are concerned that JJR will be doing the same thing. That they will find a lucrative niche and provide that service and that service alone. Any new company coming into the community will take profits away from the Yellow Cab Company and Courtesy Cab Company which are already struggling. Mr. Butler stated that they believe the service to the community is more than adequate as seventy (70) cab licenses have been issued this year and five (5) more are under consideration. Mr, Butler continued by stating that Section 15-42 of the City of South Bend Municipal Code requires that the Board, in order to permit a new taxicab service within the City, must determine that there is a need and that service is required by public convenience and necessity. Yellow Cab and Courtesy Cab do provide services to people who are handicapped. He noted that the drivers provide this services, not easily at times, but they do provide and help individuals in wheelchairs and walkers. That service is provided and it is his understanding that JJR can provide that service also on contract. Mr. Butler stated that they believe that additional services are not needed in the community. If a certificate is issued for an additional company it is important that companies provide full service for there are companies struggling for many many years as a result of certain companies concentrating on hotels or the airport or the University of Notre Dame and leaving the grunt work to the other companies. In conclusion Mr. Butler stated that they respectfully request that the Board not approve this application_. Mr. Courtney addressed the Board and stated that his company has been in the community for the last sixteen (16) to seventeen (17) years and is not a new company. They employ seventy (70) people in the South Bend Area. He noted that they already provide twenty-four (24) hour service on their Medicaid runs so that service is _already being provided and they would still provide that service. Additionally, in response to Mr. Butler's comments that the Yellow Cab Company drivers do provide service to handicapped persons even though it is sometimes difficult, Mr. Courtney stated that they have no trouble providing services to the handicapped as their vans are equipped and they will always have this special niche the one that others have trouble with in that they will not service the same people. They will provide full service and they do want to provide better service for their handicapped clients. There being no further comments, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Public Hearing was closed. Mr. Leszczynski inquired of Board Attorney Jenny Pitts Manier what it is the code requires the Board to look at in this case. Ms. Manier stated that the Board is to determine whether the public convenience and necessity requires it be beneficial for additional licenses and to determine whether the applicant is fit and willing and will comply with the ordinance. Ms. Manier noted that it is required that the applicant provide full service to the community and to provide transportation of anyone calling at any time wishing to be taken to any locale and not just the