The Herald understands the council received legal advice yesterday ruling out its two most outspoken councillors on the issue - Russ Rimmington and Lois Livingston - from participating in next week's hearing.
This is because both have expressed predetermined views.
The main reason for people not supporting the spending was because their rates were too high, while the main reason for the 40 per cent supporting it was because they thought it was a small cost to pay, according to the phone survey conducted between July 24 and August 16.
More than 75 per cent said they would not use the velodrome and 65 per cent said they were unlikely to attend events there.
Should the velodrome go ahead, more people (57 per cent) preferred a flat fee of $3.18 a year per rateable property compared to 37 per cent who opted for a two-tier funding plan, which would mean areas closer to the facility would pay more than other ratepayers.
A quarter of those surveyed did not support either option mainly because they were against the concept.
Hamilton Citizen and Ratepayers Association president John Easto welcomed the result and hoped the council would listen to the public.
"We have to start thinking in terms of cutting our cloth according to our costs."
Home of Cycling Trust chief executive Geoff Balme said the survey showed a large number of people did not have a great understanding of the proposal and this was highlighted by a large number thinking it would used only by elite sports people.