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HomeMy WebLinkAboutRes2011-048 Sponsored by: Oates AILED Postponed to: June 27, 2011 CITY OF SEWARD, ALASKA RESOLUTION 2011 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DESIGNATING $100,000 OF GENERAL FUND UNDESIGNATED FUND BALANCE TO COVER COSTS ASSOCIATED WITH THE KENAI PENINSULA BOROUGH'S IMPLEMENTATION OF THE CITY OF SEWARD'S INCREASE IN SALES TAX ON ALCOHOL BEVERAGES AND TOBACCO PRODUCTS WHEREAS, the Seward City Council passed Ordinance 2011 -003 on May 23, 2011, amending Seward City Code Sections 5.35.010 and 5.35.035 to allow for an increase in sales tax for alcohol beverages and tobacco products; and WHEREAS, in accordance with AS 29.35.170, the Kenai Peninsula Borough is responsible for collecting sales tax on behalf of cities in its boundaries, and will therefore carry the burden of implementing the increase in the sales tax rate; and WHEREAS, while there is no legal requirement that the City of Seward pay the additional costs that the Borough will incur as a result of implementing this tax increase, the City recognizes that this tax variation is unique to Seward and places a burden on the Borough's staff, and results in anticipated costs to the Borough of approximately $100,000 required to modify the sales tax software to accommodate this change, and to produce revised sales tax forms, and to conduct public education required for businesses engaged in the business of selling alcohol and /or tobacco products; and WHEREAS, following implementation of the tax increase, the annual additional impacts of the tax increase on the Borough staff are intended to be nominal; and WHEREAS, the City of Seward does not wish to establish a precedent that the City would agree to cover future potential costs associated with modifications to property tax and /or sales tax, or the corresponding effect on the Kenai Peninsula Borough resulting from such modifications; and WHEREAS, this action will reduce the City's Undesignated Fund Balance from the current level of approximately $3.5 million to $3.4 million, which is within the City's current required fund balance policy band of between $2.8 million and $5.7 million. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: L CITY OF SEWARD, ALASKA RESOLUTION 2011 -048 emi Section 1. The amount of $100,000 is hereby appropriated from the General Fund Undesignated Fund Balance account no. 101- 0000 -3050 to the Designated Fund Balance account no. 101- 0000 -3042. Section 2. The purpose of this action is to segregate funds which may be needed to implement the alcohol and tobacco tax, but prior to spending funds from this $100,000 designation, a separate resolution will come back to the Seward City Council for approval. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27`" day of June, 2011. THE CITY OF SEWARD ALASKA FAILED Willard E. Dunham, Mayor AYES: Valdatta, Smith NOES: Keil, Shafer, Casagranda, Dunham ABSENT: Bardarson ABSTAIN: None ATTEST: FAILED Johanna Kinney, CMC City Clerk (City Seal) j Council Agenda Statement eof SF►� Meeting Date: June 13, 2011 >..�. 4, jAs10 From: Phillip Oates, City Manager Agenda Item: Designating Fund Balance for Kenai Peninsula Borough's cost of implementing changes to sales tax resulting from an increase in tax on sales of alcohol and tobacco products BACKGROUND & JUSTIFICATION: In accordance with Alaska Statute 29.35.170, the Kenai Peninsula Borough maintains responsibility for collecting and remitting sales tax on behalf of cities within its jurisdiction, including the city of Seward. Therefore, any changes that the City of Seward makes to its sales tax code, has a direct impact on the borough and its staff. The Seward City Council has worked diligently over the past year to develop a funding source to finance construction of the new library /museum facility, and on May 23, 2011, passed Ordinance 2011 -003 which increased the sales tax rate on sales of alcohol and tobacco products. The change in the tax rate is slated to take effect January 1, 2012. In a council work session on March 14, 2011, the Borough finance director described the hardship that is placed on the Borough any time that a city within the borough, establishes a variable tax structure which is not consistent with the Borough's. Such changes require changes to the Borough's computer software and forms, and result in considerable staff time to determine how to implement the change, educate the businesses prior to the change, ensure that the sales tax code changes are appropriately implemented and reported by businesses, and to audit compliance. The variable change in sales tax rate on alcohol and tobacco products is a new variation that the Borough is not currently capable of addressing without considerable costs involved in reprogramming their software, modifying sales tax reporting forms, etc. While Alaska Statute clearly requires that boroughs administer the tax code for cities within their boundaries, we are told that the magnitude of the costs required to implement this particular change ($84,000 to $100,000) are not available within the Borough's budget, and given the challenges the Borough is having balancing its budget in light of the recent seasonal reduction in sales tax on non - prepared food items, would cause a hardship on the Borough and its staff to administer. The City does not want to establish a precedent whereby the Borough would expect the City to pay for any future modifications that it may choose to make relative to the tax code. On the other hand, the City would prefer to smooth the way for this tax increase so that the increase in revenues is available to cover debt service payments on bonds which must be issued in the near future. If the City elects not to pay the costs associated with this modification, it is likely that the Borough may be unwilling or unable to pay to make the change, causing undesired delays in our library /museum project. INTENT: To set aside funds to pay the costs associated with modifying the Kenai Peninsula Borough's software and forms, so that the City's increase in sales tax rate associated with sales of alcohol and tobacco products, can move forward expeditiously, without further delays to the library /museum proj ect. CITY OF SEWARD RESOLUTION 2011 - CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: FISCAL NOTE: This appropriation will reduce the City's undesignated fund balance from approximately $3.5 million to $3.4 million, which is still within the 3 -6 months' reserves required by the City's fund balance policy. The administration will bring back a resolution to the City Council to appropriate the designated amount (not to exceed $100,000) for the purposes of this project, once the actual costs are known, and prior to expending funds to implement the change in tax rates. Approved by Finance Department: tg ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council adopt Resolution 201 1 , designating the amount of $100,000 from General Fund undesignated fund balance, for the purpose of making funds available to implement the increase in the sales tax rate associated with the alcohol/tobacco tax. S