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292 ing AGENDA (continued) ACTION TAKEN (continued) REPORTS OF CITY MANAGER (continued) REPORTS OF CITY MANAGER (continued) 5. (continued) just a record-keeping process and makes no change in actual procedure; the possibility of fire services being provided by insurance com- panies in the future; whether or not cost of complex fire inspections for companies handling hazardous materials ought to be a part of the cost of their doing business; whether general taxpayers should bear the cost of inspections as part of public safety protection; and the need for effective means to deal with recalci- trant businessmen who may be endangering their employees and the public. Dennis L. Woodman, attorney representing five different businesses, stated that all must obtain a variety of permits affecting the conduct of their business from federal, state and county offices and suggested they should not also need a City fire permit in order to operate. Mr. Woodman said that the proposed fees are not user fees but represent a special tax and cannot be imposed without a special election for that purpose. Peter O'Brien, Fire Chief, stated that the per- mit system offers a better means of control and ollmt no change in the present program except for the proposed fees. He observed that it is as much in the interest of the businessman as the City owl to prevent fires and most of them are more than willing to cooperate. City Attorney Schricker stated for the record that the permit system does not add or detract from the process and the focus should be on violations. Discussion followed and Mr. Fales, Mr. Schricker and Mr. O'Brien commented and replied to questions relating to City experience in enforcing the Fire Code; State Constitutional requirements relating to user fees; the City's obligation to protect the public; the prefer- ence for compliance; and the inspection, notification, and hearing process which pre- cedes any move to the courts. Ed Mears, 315 King Street, attorney, suggested that the proposed fee is not a typical user fee, since those who must pay it have no choice and he inquired as to consideration of a user fee to banks for police protection. Mr. Mears also inquired about any relationship between inci- dence and inspection. Mr. Schricker advised that the question regard- ing the relationship requires proof of a nega- tive and added also that many years ago the Constitution was amended to prohibit charging SIR banks for police service. (Council recessed from 10:05 to 10:15 p.m.) Reg.Mtg. 7/7/80 Page 7 1.