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Regular City Council Meeting Monday, August 16, 2010 Page 9 peated phone and written communication efforts of staff with the Holiday Inn Ex- press hotel management. Mr. Miller opined that staff had exhausted diplomatic efforts, and upon discussion with the City Attorney, authorization was sought to proceed through the legal system to achieve compliance with City Code. Mr. Miller reviewed subsequent conversations with Julie Larson, Executive Di- rector of the Roseville Visitor's Association (RVA) and her review with peer or- ganizations in their recourse to withhold future marketing efforts by the RVA on behalf of that business. Discussion included potential reimbursement by the RVA to the City for legal ex- pense reimbursement since the tax directly benefits the hotel and RVA, with Mr. Miller clarifying that this was a City tax; need to recognize this as a City tax and options for assessing the delinquent tax against the property, with City Attorney Bartholdi advising that current Statute does not allow sanctions through Chapter 429.101 assessments, only through criminal sanctions or civil recourse. Further discussion included the need for options to enforce payment and lack of interest in setting a precedent for any resident disgruntled with a tax to take action to avoid payment; potential legislation requested of the City's legislative delega- tion to allow liens being applied in this type of situation, similar to property and utility bill delinquencies; preference not to penalize other RVA participants who comply and pay their lodging taxes by suggesting they accommodate a business not paying; and options to shift the costs to the responsible person causing the ex- penditure (e.g. legal costs). Additional discussion included application by staff of interest and late fee penal- ties; partial payment recently received of back lodging taxes by the business, with a substantial remaining balance, with all payments consistently received after the deadline; need to continue compounding interest and late fees; and whether the business is otherwise stressed with property taxes and other items delinquent. Councilmember Roe expressed an interest in additional information from staff on the current total due, including interest accruing. As a body, Councilmembers were not supportive of making a determination for pursuing the RVA suggestion to back off on referrals to that hotel; with Council- member Pust noted that such a decision would be up to the RVA Board, not the City Council. Mr. Miller concurred; however, suggested that the RVA Board would welcome the City Council's endorsement of such action if deemed appropriate by the City Council.