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Council amends charter to allow lodging tax increases

11/4/2009 9:30:02 AM

Comments (5)

Post-Bulletin, Rochester MN

Since 2002, Rochester has collected a 4 percent lodging tax, and it turns out the city charter forbids it.

The fact was discovered recently by the city attorney's office in a review of the charter, the founding document of the city which serves roughly the same role on the local level as the U.S. Constitution does the country.

Charter Chapter 10 authorizes a lodging tax "not to exceed three percent." The provision dates to the early 1970s.

In 2002, the Legislature authorized Rochester's proposed 1 percent lodging tax increase, to 4 percent. That legislation stated the approval was "notwithstanding ... any other law." In other words, the city attorney's office concluded, the Legislature's words trump the charter.

Just to be on the safe side, though, the city council voted to request the Charter Commission to consider repealing that section of the charter.

The city is proposing another 1 percent increase in the lodging tax to fund an expansion at Mayo Civic Center. The city also plans to impose a 1 percent food and beverage tax to help pay its $37.5 million share of the $75 million expansion.

The Legislature will vote on its portion of the funding during the 2010 legislative session.

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There are 5 comments - Display All Comments

RaySchmit
z
rochester, mn

Posted on 11/4/2009 at 11:06:15 AM

Not to quibble over small technicalities like the law, but the process is for the council to recommend to the charter commission that the commission repeal the provision. Depending on the choice of process that may then require a vote. Funny how the administration finds the charter important when it suits them and forgets provisions when it doesn’t.

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mgse
Rochester, MN

Posted on 11/4/2009 at 11:57:11 AM

“the founding document of the city which serves roughly the same role on the local level as the U.S. Constitution does the country.”

That is funny and sad, all at the same time. Much as the federal govt ignores the Constitution, the city ignores its charter.

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eeleel
Rochester, mn

Posted on 11/4/2009 at 12:07:08 PM

Because we can, we will!!

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Getalife
Rochester, MN

Posted on 11/4/2009 at 1:47:35 PM

If the civic center can’t support itself then it should not have an expansion. Lets put the money into something that matters. ie schools roads lower our taxes.

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Derf
Rochester, MN

Posted on 11/4/2009 at 4:15:25 PM

This article is factually incorrect. The Council has yet to take action to repeal that Charter provision. The Council was asked in the agenda item description to request the Charter Commission to consider an amendment to the Charter that would delete any reference to the tax. Once the Commission has considered the matter, one of the alternatives is that the proposed amendment can be sent back to the Council to be considered for adoption by the Council by adoption of an ordinance. If such an ordinance is adopted by the Council (and it would have to be adopted by a unanimous vote of that body) then the Charter would be amended.

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