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City Council <br />Meeting Minutes <br />April 5, 2022 <br />Page 6 of 10 <br />Mayor Stolzmann closed the public hearing. <br />VOTE: Motion passed by a vote of 5-2 with Mayor Stolzmann and Councilmember Most <br />voting no. <br />Councilmember Fahey offered a substitute motion to change Ordinance No. 1826 to allow <br />an opt out for those rebuilding rather than a full repeal of the requirement. After further <br />conversation she withdrew the motion. <br />MOTION: Mayor Stolzmann moved to approve Ordinance No. 1826; Councilmember <br />Brown seconded the motion. <br />VOTE: Motion passed by a 4-3 vote with Councilmember Fahey, Councilmember <br />Dickinson, and Councilmember Leh voting no. <br />ORDINANCE NO. 1827, SERIES 2022 — AN ORDINANCE AMENDING THE CITY'S <br />SALES AND USE TAX CODE CONCERNING ECONOMIC NEXUS AND <br />MARKETPLACE FACILITATORS — 2nd READING — PUBLIC HEARING (advertised <br />Daily Camera 3/20/22) <br />Mayor Stolzmann introduced the item and opened the public hearing. <br />Finance Director Kevin Watson stated that in response to the Wayfair decision of the <br />Supreme Court the Colorado Department of Revenue and the Office of Information <br />Technology created a sales and use tax (SUTS) web portal where businesses can both <br />lookup sales and use tax rates and file/remit sales and use tax to all Colorado <br />jurisdictions. Staff has been working on the implementation of the system and now needs <br />the passage of an ordinance to add standard definitions for Marketplace <br />Facilitators/Sellers and to add Economic Nexus to the list of activities that define "doing <br />business in the City." Passage of this ordinance will officially require remote sellers to <br />collect and remit sales tax to the City. <br />Mayor Stolzmann noted the importance of the ordinance and this system to allow us to <br />collect sales tax from online sales. <br />Mayor Pro Tern Maloney stated this is important to the economic sustainability of the City <br />and he supports it. <br />Public Comments — None. <br />Councilmember Fahey asked why the packet information stated that license and use tax <br />fees may decline with this. Director Watson stated this process will mean on line retailers <br />will not have to get a local sales tax license so those license fees will decline however he <br />is confident sales tax collection will increase. <br />