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2017-08-07 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ' PEARLAND, TEXAS, HELD ON MONDAY, AUGUST 7, 2017, AT 6:00 P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:00 p.m. with the following present: Mayor Tom Reid Mayor Pro -Tem Derrick Reed Councilmember Gary Moore Councilmember Keith Ordeneaux Councilmember J. David Little Councilmember Trent Perez Councilmember Wood Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Young Lorfing Absent: Councilmember Tony Carbone. Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of Economic Development Corporation; Trent Epperson Assistant City Manager; John McDonald Director of Community Development; Jimontanae McBride City Planner; John McCarter Budget Officer; Robert Upton City Engineer; Eric Wilson Director of Public Works. ' New Business: Council Action — Resolution No. R2017-147 —A Resolution of the City Council of the City of Pearland, Texas, rescinding a contract with Dannenbaum Engineering Corporation for design services associated with Surface Plant Package No. 3. Councilmember Moore made the motion, seconded by Mayor Pro -Tem Reed to approve Resolution No. R2017-147. Assistant City Manager Trent Epperson gave an overview regarding rescinding the contract with Dannenbaum Engineering Corporation. Jim Dannenbaum of Dannenbaum Engineering Corporation assured the City that Dannenbaum Engineering has done nothing wrong, no one has been arrested, and no one has been indicted. We are of the opinion that when this matter is finally resolved, there will be no charges against Dannenbaum Engineering coming out of this investigation. Councilmember Owens stated he was absent from the Council meeting, Executive Session to know the history of this issue. He does not think it would be in the City's best interest to rescind the contract. He has known Dannenbaum Engineering for many years and they do quality work. He further stated he contacted the Executive Director with the Texas Department of Transportation (TxDOT) in Austin, Texas. TxDOT is not concerned regarding this issue and plan to continue working with Dannenbaum Engineering. Page 1 of 2 — 08/072017 Councilmember Perez stated respectfully to Councilmember Owens he struggles with this. He has concerns because of this issue there are other factors they may affect the abilities ' to perform and there are other Engineering firms that do not have those concerns. He further stated he would prefer to accept bids of other firms that do not have this cloud hanging over them. He does not want to say anything negative about Dannenbaum, but regarding this particular issue Council owes it to the citizens that this is cleared before a contract is issued. Councilmember Little stated he agrees with Councilmember Owens, Dannenbaum Engineering has not been convicted of any wrong doing. Investigations happen all the time. Councilmember Ordeneaux stated he can see both sides of this issue. He wishes this could be cleared in time to do the contract, but he does not think that will happen. He further stated he is going to lean more to the conservative side and except other bids. If it comes back that there has been wrong doings it could be a black cloud on the City. Mayor Pro -Tem Reed stated no comment. Councilmember Moore stated he agrees with going out to see what other options there are and keeping everything nice and clean. Councilmember Owens stated the point is no one has been convicted of any wrong doing. He does not think it is right to rescind the contract. All companies carry insurance and if they are not able to perform there is insurance to take care it. He stated it would be a waste of time going out for other bids. ' Voting "Aye" Councilmembers Moore, Reed, Ordeneaux, and Perez. Voting "No" Councilmembers Little and Owens. Motion Passed 4 to 2, with Councilmember Carbone absent. Adjoumment: Meeting was adjourned at 6:21 p.m. Minutes approved as submitted and/or corrected this the 31" day of August, A.D., 2017. Tom Reid Mayor ATTEST: `aounn„ ungmg, TRV ty Se etary` "I'l ,,...."I'll, Page 2 of 2 — 08/07/2017