The Cassgram reports earlier in the meeting, the city council voted 4 (in favor) to 3 (against) on a motion to approve a grant agreement for land in Fourmile Industrial Park (valued at $50,000) to D-Squared, LLC. However, a majority of the full council—at least 5 votes—was needed on this issue so the motion fell short of passing, advised City Attorney Roger Johnson.
Councilmen Steve Riese, Doug Derby, John Porter and Terry Kerns made up the four votes; Terry D. Tilson, Pat Dugan and Art Tesarek cast the three votes against the agreement. Councilman Mike Bowman was not in attendance.
Subsequent agenda items on the real estate conveyance were then passed over since the agreement failed to garner the necessary votes.
After the rest of the meeting agenda was completed, and a motion to adjourn was made and seconded, Kerns asked for clarification that the land grant agreement vote had not passed. It did not, he was told, and then discussion shifted to whether the mayor could have cast a vote. (Mayor Paul Lambert does not routinely vote unless there is a tie that needs to be broken.)
Johnson said there is a provision in state law in which the mayor could vote on this issue. “I was not aware of that,” said Lambert to Johnson. Johnson said he had run into a similar situation years ago in his city law career and because of that was familiar with the state law.
Lambert indicated support for the land grant during the earlier discussion and would then have provided the five votes necessary for passage of the agreement.