A Lodging Tax
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
A
To: Todd Gerhardt, City Manager
From: Laurie Hokkanen, Assistant City Manager
Date: June 6,2007
o~
Re: Lodging Tax
BACKGROUND
At the May 28, the Council voted to table a vote on instituting a 3% Lodging
Tax. Since that meeting, the Chamber has provided additional information
regarding their proposal.
The Chamber has met with the 4 area hotels and each hotel supports the
Lodging Tax. Letters of support are attached.
The Lodging Tax applies a 3% tax to hotel stays. This tax mainly applies to
visitors of the community. Residents would be affected only if they stayed in a
Chanhassen hotel. One element of concern regarding the tax is that
Chanhassen businesses and their vendors often patronize the hotels and thus
would pay the tax. Linda Walton, Chamber President, did contact several area
businesses and their comments are attached.
Under this agreement, 95% (5% retained by city for administration efforts and
costs) of the proceeds of the tax would be used to fund the Chanhassen Area
Chamber of Commerce and Visitors Bureau (CVB). The CVB would be
required to do the following:
. Maintain a member of city staff as a voting member of the advisory
body
. Provide the city with a copy of t.he annual budget and marketing plan
. Provide the city with an executive summary of funds received and
expended within 60 days of the end of the fiscal year
Also attached is a sample budget. The left side of the sheet shows the budget
of a CVB that is currently operating, for comparison purposes. The right side
of the sheet shows a mock-up budget for the Chanhassen CVB' s first year.
The Chamber proposes that no new staff would be added in the first year;
instead the CVB would utilize current Chamber staff and outsourcing.
The Chamber has also noted that this Tax/funding would allow the CVB to
pursue state grants. These grants require staff time and matching funds, which
the Chamber currently lacks.
Additional materials are attached:
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
G:\Admin\LH\Chamber of Commerce\Lodging Tax Ordinance Staff Report 2nd Worksession.doc
. Letter from Linda Walton explaining the proposal
. MN Statute authorizing the City to implement such a tax
. Survey of other metro communities with lodging tax in place
. Proposed Chanhassen Ordinance
RECOMMENDATION
In order for the Lodging Tax to be implemented, the City Council must adopt
an Ordinance. Following discussion, the Council may direct staff to put the
Lodging Tax ordinance on a City Council agenda.
G:\Admin\LH\Chamber of Commerce\Lodging Tax Ordinance Staff Report 2nd Worksession.doc
Linda Walton
From:
Sent:
To:
Subject:
Jeremy Hundt [jhundt@countrystschan.com]
Friday, June 01 , 2007 5:25 PM
linda@chanhassenchamber.org
Support for the Lodging Tax
Hi Linda,
Thank you for you voicemail today. I appreciate you taking the time to meet with us hoteliers last Friday. We are in
support of the lodging tax as an avenue to bring more people to the Chanhassen area. Although I will not be able to
attend the City Council Meeting when the discussion arises, I do feel that the creation of some form of a visitor's bureau
will benefit the Chanhassen area.
Thank you!
Sincerely,
Jeremy Hundt
General Manager
Country Suites By Carlson
Chanhassen, MN
Ph: (952) 937-2424
Fax: (952) 934-1945
Email: ihundt@)countrvstschan.com
Website: www.countrvinns.com/chanhassenmn
* * *Please note the new em ail address listed above
1
Linda Walton
From:
Sent:
To:
Subject:
Anderson, Howard [handerson@trhospitality.com]
Monday, June 04, 2007 4:48 PM
Iinda@chanhassenchamber.org
Support for Lodging Tax
Linda,
I support the collection of a lodging tax (3%) in the Chanhassen area, if there is a structured group of forward minded
individuals making marketing decisions with a well thought out marketing plan to increase the number of outside visitors
to the city of Chanhassen. In my opinion, a full operational and marketing plan should be in place, in regard to specific
expenses and advertising dollars allocated, prior to approving any lodging tax.
I believe that the city of Chanhassen would benefit greatly from the additional marketing exposure created with this
lodging tax fund, provided it is spent wisely.
Thanks,
Howard Anderson
2007 President of Minnesota lodging Association
Senior District Manager
Three Rivers Hospitality, LLC.
250 Lake Drive East, Chanhassen, MN 55317
cell - 612-803-9114 fax 952-294-5075
hande rson@trhosoitalitv.com
1
Linda Walton
From:
Sent:
To:
Subject:
Chanhassen Inn [chanhasseninn2001 @yahoo.com]
Friday, June 01, 2007 2:08 PM
Iinda@chanhassenchamber.org
Proposed Chanhassen Lodging Tax
Linda:
We Ire optimistic this tax will be a positive move for the City of
Chanhassen and the lodging community. We look forward to
working with you and the new CVB in implementing this
program.
Jean Zamor Larry Zamor
Owner/Operators
Chanhassen Inn
Be a better Globetrotter. Get better travel answers from someone who knows.
Yahoo! Answers - Check it out.
1
Linda Walton
From:
Sent:
To:
Subject:
Holiday Inn [hiechanhassen@hotmail.com]
Friday, June 01, 2007 1 :58 PM
linda@chanhassenchamber.org
Proposed eVB
Dear Linda,
I want to personally thank you for your efforts in attempting to initiate a Convention & Visitor's Bureau for the
Chanhassen Area. It is a shame that the vote was put off for another month, since the revenue a CVB would
have made from these busy months will never be recouped.
Having served on the Board of Directors for the Duluth Convention & Visitor's Bureau and having been
Chairperson for the Willmar Lakes Area Convention & Visitor's Bureau, I realize first-hand the immense
benefits a CVB can bring to a community. The motto that kept both CVB's focused on their mission was
"putting heads in beds". After all, that is what generates the income which supports all CVB efforts. The various
projects, advertising and promotions that a CVB initiates, exceed the efforts that individual properties can
conduct. Obviously, the overall results should be more "heads in beds".
The guests that the CVB generates, as well as the current hotel guests, have an incredible positive impact on the
community. They spend their money no differently than we do. They need food, gas, pharmacies, hair cuts,
entertainment, personal care items, etc. etc. Duluth was in the depths of a recession when I first joined the
Duluth CVB. The opportunity we saw was developing tourism. Today, tourism is one of the main industries that
drives the Duluth economy. In Willmar, we competed for conventions and various groups with other cities in
Minnesota. When we won a bid, and the event arrived, the town was noticeably busier than usual. WalMart was
humming. There were waiting lines at restaurants. The positive financial impact was obvious.
There are so many CVB's throughout Minnesota,. that the towns which do not have a CVB are simply leaving
money on the table and helping other communities grow. We have an opportunity to capture room demand from
the west. These travelers come to the Twin Cities from smaller towns and are nervous dealing with the traffic
and size of the Metropolitan Area. They want to wake up Sunday morning and head home without having to
deal with the Twin Cities traffic and size. We are a perfect location! Whether they are coming to the MegaMall
or the Metrodome, we allow them easy egress from the Twin Cities on Sunday morning. This is not even
considering the fact that we have the Chanhassen Dinner Theatre and the Minnesota Landscape Arboretum to
attract visitors!
Overall, I know that when your efforts realize the initiation of a Chanhassen Area Convention & Visitor's
Bureau we will all understand the positive effects from increased sales throughout the community. Thank you,
again, for your time and efforts! Have a great weekend!
Gary
Gary G. Rubbelke, CRA
General Manager
Holiday Inn Express
1
June, 2007
Comments regarding implementing a Lodging Tax from local business leaders in conversation with
Linda Walton, May 2007
IWCO, Beverly Lohs, HR Director
Bev expressed that she would be receptive to receiving any phone calls from council members regarding
her comments. "Our company sees the implementation of a Lodging Tax as creating and investment in
the community"... "I am far more concerned with traffic safety issues than with an added 3% room tax."
"As the largest employer in the city, we bring in many people from out ofthe area and the tax on hotel
rooms in Chanhassen would not change our habits". IWCO currently uses Americlnn and Country Suites
in that order.
lifeTime Fitness, Chris Fazi, General Manager
Chris planned to e-mail a statement to me but I have not received it to date. During our phone
conversation, Chris stated that they typically bring in 70 people for a two week stay each month. The
tax would effect their bottom line but he stated that the philosophy of lifeTime Fitness is to be
connected with the community. He personally believes that the tax would bring a benefit to the
community and would personally support it.
Emerson Process Management - Rosemount Inc., Mark Anderson, Facilities Manager
Mark and I talked by phone and he wanted to ask others in the building before responding. Two days
later Mark called and stated that their official position was to not support a tax increase simply because
they didn't support the idea of Chanhassen being marketed outside of the community. He did follow-up
by stating that ifthe tax was implemented, the company would not change their local lodging habits.
Roberts Automatic Products, Jim Roberts, President
During our phone conversation, Jim explained that they rarely bring people in from out of town but
when they do they always suggest they stay locally. The base lodging prices locally are in most cases
lower than staying in outlying cities so he didn't think even with the added 3% tax that room rates would
exceed our neighbors rates.
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CHANHA55EN~[R{~
C~R OF CoMMEItCE & VISITORS BUlliU
Date: May 4, 2007
To: Chanhassen City Council
From: Linda Walton, President
Chanhassen Area Chamber of Commerce
& Visitors Bureau
RE: Proposal for your consideration: Implementation of a citywide lodging tax
The Chanhassen Area Chamber of Commerce & Visitors Bureau hereby proposes that the
City of Chanhassen adopt a citywide lodging tax of 3% as allowed by Minnesota statue to
establish a source of funds to be used for advertising and promoting the community as a
visitor destination. Minnesota Statute 469.190 authorizes Cities to" impose a tax on the
gross receipts of the furnishings of certain lodgings (Lodging Tax)," of which "95% of
the gross proceeds from any tax imposed...fund a local convention or tourism bureau for
the purpose of marketing and promoting" (refer to the included copy of Statute 469.190).
The Chanhassen Area Chamber of Commerce and Visitors Bureau is willing and able to
receive such funds to carry out activities to advance the economic impact of tourism in
the Chanhassen area.
Of the Lodging Tax collected by the City of Chanhassen, 5% would be retained by the
City for administrative purposes. All money received by the Chanhassen Area Chamber
of Commerce & Visitors Bureau would be placed in a segregated fund and designated for
the operation and activities of marketing and promotion. Separate books and records for
the operation and activities would be maintained.
The travel and tourism industry provides a major economic impact overall to
communities, not just the hotel industry. This economic impact benefits the entire
community. According to the most recent statistics available from the Minnesota
Department of Tourism, the travelers spending by expenditure breaks down as shown
below:
. Shopping 25%
. Recreation 25%
. Food 24%
. Lodging 14%
. Transportation 11 %
.
Travelers in Minnesota spend in excess of $32 million a day which supports a variety of
businesses and adds to the total economic strength of our communities.
According to Gayle Junnila, metro regional manager with the Minnesota Department of
Tourism, "people are traveling regionally and according to the Travel Industry
Association of America, the growing trends in the u.s. are Cultural Heritage and
OutdoorlWildlife Tourism". Chanhassen has both the cultural draw of the Chanhassen
Dinner Theatres and the outdoor/wildlife draw with the University of MN Landscape
Arboretum, as well as the close proximity with Lake Minnetonka and the west metro area
parks and lakes.
The most recent data provided by the Minnesota Department of Tourism shows that
between June 2005 and May 2006, the DIRECT Economic Impact of Expenditures by
Travelers in Carver County as:
. Travelers Expenditures $117,544,475
. Full- Time Equivalent Jobs 1,677
. Local Revenue $2,533,819
Over the past month, both myself and Mark Halla, Vice Chair of the Chamber Board for
2007, visited with representatives of all of our Chanhassen lodging facilities and received
overwhelming support from a majority of those we spoke with. In fact, they even
requested we implement this tax as soon as possible to capture the tax collected during
their the busy season and have an immediate influx of approximately $50,000 to support
advertising and promoting our community.
With the existing draw to the area, the easy access from our community to points of
interest, as well as MSP International Airport and major highway infrastructure, plus the
area growth projected within the next 5 years, the opinion of Chanhassen Area Chamber
of Commerce & Visitors Bureau is that it is time to move forward with the
implementation of a Lodging Tax to enable strategic marketing applications which will
aid to the total economic strength of our community now and in the years to come.
Refer to that included documents:
. Minnesota State Statute 469.190
. Twin Cities Regional Lodging Tax Rates
. Projected Annual Budget
. Hotel-Motel Tax Return Form
. Proposed Amendment to City Code
469.190, Minnesota Statutes 2006
Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota.
469.190 LOCAL LODGING TAX.
Subdivision 1. ~uthorizajiQn~ Notwithstanding section 477A.016 or any other law, a
statutory or home rule charter City may by ordinance, and a town may by the affirmative vote of
the electors at the annual town meeting, or at a special town meeting, impose a tax of up to three
percent on the gross receipts from the furnishing for consideration of lodging at a hotel, motel,
rooming house, tourist court, or resort, other than the renting or leasing of it for a continuous
period of 30 days or more. A statutory or home rule charter city may by ordinance impose the tax
authorized under this subdivision on the camping site receipts of a municipal campground.
Subd. 2. Existing taxes. No statutory or home rule charter city or town may impose a tax
under this section upon transient lodging that, when combined with any tax authorized by special
law or enacted prior to 1972, exceeds a rate of three percent.
Subd. 3. ~ositiollof1proceea~. Ninety-five percent of the gross proceeds from any tax
imposed under subdivision 1 shall be used by the statutory or home rule charter city or town to
fund a local convention or tourism bureau for the purpose of marketing and promoting the city or
town as a tourist or convention center. This subdivision shall not apply to any statutory or home
rule charter city or town that has a lodging tax authorized by special law or enacted prior to
1972 at the time of enactment of this section.
Subd. 4. Unorganized territories. A county board acting as a town board with respect to an
unorganized territory may impose a lodging tax within the unorganized territory according to this
section if it determines by resolution that imposition of the tax is in the public interest.
Subd. 5. Reverse referendum. If the county board passes a resolution under subdivision
4 to impose the tax, the resolution must be published for two successive weeks in a newspaper
of general circulation within the unorganized territory, together with a notice fixing a date for a
public hearing on the proposed tax.
The hearing must be held not less than two weeks nor more than four weeks after the first
publication of the notice. After the public hearing, the county board may determine to take no
further action, or may adopt a resolution authorizing the tax as originally proposed or approving a
lesser rate of tax. The resolution must be published in a newspaper of general circulation within
the unorganized territory. The voters of the unorganized territory may request a referendum on
the
proposed tax by filing a petition with the county auditor within 30 days after the resolution is
published. The petition must be signed by voters who reside in the unorganized territory. The
number of signatures must equal at least five percent of the number of persons voting in the
unorganized territory in the last general election. If such a petition is timely filed, the resolution is
not effective until it has been submitted to the voters residing in the unorganized territory at a
general or special election and a majority of votes cast on the question of approving the resolution
are in the affirmative. The commissioner of revenue shall prepare a suggested form of question
to be presented at the referendum.
Subd. 6. Joint powers agreements. Any statutory or home rule charter city, town, or county
when the county board is acting as a town board with respect to an unorganized territory, may
enter into a joint exercise of powers agreement pursuant to section 471.59 for the purpose of
imposing the tax and disposing of its proceeds pursuant to this section.
Subd. 7. Collection. The statutory or home rule charter city may agree with the commissioner
of revenue that a tax imposed pursuant to this section shall be collected by the commissioner
together with the tax imposed by chapter 297 A, and subject to the same interest, penalties, and
other rules and that its proceeds, less the cost of collection, shall be remitted to the city.
Twin Cities Regional Lodging Tax Rates (this was provided by a Chanhassen hotel
manager, not all Twin Cities area communities are listed, only those communities in
which the specific hotel franchise is located). Of the 35 municipalities included in the
complete statewide listing (only the Twin Cities regional is listed below), 80% have an
additional tax on top of the 6.5% state tax.
As per list:
. Richfield
. Bloomington
. Eagan
. Bumsville
. Minneapolis
· Roseville
. St. Paul
. Golden Valley
. Minnetonka
. Coon Rapids
. Maple Grove
. Shakopee
. Lakeville
. Elk River
. Arden Hills
. Vadnais Heights
. Woodbury
. Stillwater
9.5%
13.5%
9.5%
9.5%
13%
9.5%
13%
6.5%
6.5%
9.5%
9.65%
9.5%
9.5%
6.5%
9.5%
6.5%
6.5%
6.5%
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE CHANHASSEN CITY CODE
CONCERNING THE IMPLEMENTATION OF A LODGING TAX
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. DEFINITIONS: Unless otherwise expressly stated, wherever used in the
Chapter, the following works shall have the meanings given to them by the Section.
LODGING:
The furnishing for the consideration of lodging at a hotel,
motel, rooming house, bed and breakfast, tourist court, or
resort, other than the renting or leasing of it for a continuous
period of thirty (30) days or more.
OPERATOR:
A person who provides lodging to others, or any office,
agent or employee of such person.
SECTION 2. IMPOSITION OF TAX: There is hereby imposed a tax of three percent
(3%) on the gross receipts from the furnishing for consideration of lodging, effective
beginning August 1,2007.
SECTION 3. COLLECTION: Each operator shall collect the tax imposed by this
Chapter at the time rent is paid. The operator shall hold the tax collections in trust to
the benefit of the City. The amount of tax shall be separately stated from the rent
charged for the lodging.
SECTION 4. PAYMENT AND RETURNS: The taxes imposed by this Chapter shall be
paid by the operator to the City not later than twenty-five (25) days after the end of the
month in which the taxes were collected. At the time of payment the operator shall
submit a return upon such forms and containing such information as the City may
require. The return shall contain the following minimum information:
(A) The total amount of rent collected for lodging during the period covered by
the retu rn.
(8) The amount of tax required to be collected and due for the period.
(C) The signature of the person filing the return or that of his agent duly
authorized in writing.
(D) The period covered by the return
(E) The amount of uncollectible rental charges subject to the lodging tax.
The operator may offset against the taxes payable with respect to any reporting period,
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the amount of taxes imposed by this Chapter previously paid as a result of any
transaction the consideration for which became uncollectible during such reporting
period, but only in proportion to the portion of such consideration which became
uncollectible.
SECTION 5. EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND
DEMANDS:
After the return is filed, the City shall examine it and make any investigation or
examination of the records and accounts of the person making the return deemed
necessary for determining its correctness. The tax computed on the basis of such
examination shall be the tax to be paid. If the tax due is found to be greater than that
paid, such excess shall be paid to the City within ten (10) days after receipt of the notice
thereof given either personally or sent by registered mail to the address shown on the
return. If the tax paid is greater than the tax found to be due, the excess shall be
refunded to the person who paid the tax to the City within ten (10) days after
determination of such refund.
SECTION 6. REFUNDS: Any person may apply to the City for a refund of taxes paid
for a prescribed period in excess of the amount legally due for that period, provided that
no application for refund shall be considered unless filed within one year after such tax
was paid, or within one year from the filing of the return, whichever period is longer.
The City shall examine the claim and make and file written findings thereon denying or
allowing the claim in whole or in part and shall mail a notice thereof by registered mail to
such person at the address state upon the return. If such claim is allowed in whole or in
part, the City shall credit the amount of the allowance against any taxes due under this
Chapter from the claimant and the balance of the allowance, if any, shall be paid by the
City to the claimant.
SECTION 7. FAILURE TO FILE A RETURN: If any operator required by the Chapter to
file a return shall fail to do so within the time prescribed, or shall make, willfully or
otherwise, an incorrect, false, or fraudulent return, the operator shall, upon written
notice and demand, file such return or corrected return within five (50 days of receipt of
such written notice and shall at the same time pay any tax due on the basis thereof. If
such person shall fail to file such return or corrected return, the City shall make a return
or corrected return, for such person from such knowledge and information as the City
can obtain, and assess a tax on the basis thereof, which tax (less any payments
theretofore made on account of the tax for the taxable period covered by such return)
shall be paid within five (5) days of the receipt of written notice and demand for such
payment. Any such return or assessment made by the City shall be prima facie correct
and valid, and such person shall have the burden of establishing its incorrectness or
invalidity in any action or proceeding in respect thereto. If any portion of a tax imposed
by this Chapter, including penalties thereon, is not paid within thirty (30) days after it is
required to be paid, the City Attorney may institute such legal action as may be
necessary to recover the amount due plus interest, penalties, the costs and
disbursements of any action. Upon a showing of good cause, the City may grant an
operator one thirty (30) day extension of time within which to file a return and make
payment of taxes as required by this Chapter provided that interest during such period
of extension shall be added to the taxes due at the rate of ten percent (10%) per
annum.
SECTION 8. PENALlTIES: if any tax imposed by this Chapter is not paid within the
time therein specified for the payment, or an extension thereof, there shall be added
thereto a specific penalty equal to ten percent (10%) of the amount remaining unpaid.
The amount of tax not timely paid, together with any penalty provided by this Section,
shall bear interest at the rate of eight percent (8%) per annum from the time such tax
should have been paid until paid. Any interest and penalty shall be added to the tax
and be collected as part thereof.
SECTION 9. VIOLATIONS: Any person who shall willfully fail to make a return required
by this Chapter; or who shall fail to pay the tax after written demand for payment, or who
shall fail to remit the taxes collected or any penalty or interest imposed by this Chapter
after written demand for such payment or who shall refuse to permit the City to examine
the books, records and papers under his or her control, or who shall willfully make any
incomplete, false or fraudulent return shall be guilty of a misdemeanor.
SECTION 10. USE OF PROCEEDS: Ninety five percent (95%) of the proceeds
obtained from the collection of taxes pursuant to this Chapter shall be transferred to the
Chanhassen Area Chamber of Commerce & Visitors Bureau, CVB Fund, to be used in
accordance with Minnesota Statutes, section 469.190 as the same may be amended
from time to time, to fund a local convention or tourism bureau for the purpose of
marketing and promoting the City as a tourist or convention center. The CVB shall be
obligated to (1) maintain a member of City staff as a voting member of its advisory body,
(2) to provide the City with the annual CVB budget and marketing plan prior to first day
of the fiscal year, and (3) to provide an executive summary describing funds received
and expended for the fiscal year within 60 days of the end of the fiscal year. I n the
event that an audit of the CVB is performed, the city will be provided with a copy of said
audit within 30 days of receipt by the CVB. Five percent (5%) of the proceeds obtained
from the collection of taxes pursuant to the Chapter shall be retained by the City of
Chanhassen for the administration thereof.
SECTION 11. APPEALS: Any operator aggrieved by any notice, order or
determination made by the City under this Chapter may file a petition for review of such
notice, order or determination detailing the operator's reasons for contesting the notice,
order or determination. The petition shall contain the name of the petitioner, the
petitioner's address and the location of the lodging subject to the order, notice or
determination. The petition for review shall be filed with the city Manager within ten
days (10) days after the notice, order or determination for which review is sought has
been mailed or serves upon the person requesting review. Upon receipt of the petition
the City Manager, or the Manger's designee, shall set a date for a hearing and give the
petitioner at least five (5) day's prior written notice of the date, time and place of the
hearing. At the hearing, the petitioner shall be given an opportunity to show just cause
why the notice, order or determination should be modified or withdrawn. Counsel of
petitioner's choosing at petitioner's own expense ma represent the petitioner. The
hearing shall be conducted by the City Manager or the Manager's designee, provided
only that the person conduction the hearing shall not have participated in the drafting of
the order, notice or determination for which review is sought. The person conducting
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the hearing shall make written findings of fact and conclusions based upon the
applicable sections of this Chapter and the evidence presented. The person conducting
the hearing may affirm, reverse or modify the notice, order or determination made by
the City. Any decision rendered by the City Manager pursuant to this subdivision may
be appealed to the City Council. A petitioner seeking to appeal a decision must file a
written notice of appeal with the City Manager within ten (10) days after the decision has
been mailed to the petitioner. The matter will thereupon be placed on the Council
agenda as soon as is practical. The Council shall then review the findings of fact and
conclusions to determine whether they were correct. Upon a determination by the
Council that the findings and conclusions were incorrect, the Council may modify,
reverse or affirm the decision of the City Manager or his designee upon the same
standards as set forth in this subdivision.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
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