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2022-08-22 CITY COUNCIL REGULAR MEETING AGENDA - BUDGET Pearland City Council Minutes August 22, 2022 MINUTES OF A CITY COUNCIL REGULAR MEETING AND BUDGET DISCUSSION #2 OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 22, 2022 AT 6:30 PM, IN PEARLAND CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. I. CALL TO ORDER Mayor J. Kevin Cole called the meeting to order at 6:30 p.m. II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG Mayor Pro-Tem Carbone gave the Invocation and Councilmember Koza led the Pledge of Allegiance to the United States of America Flag and the Texas Flag. III. ROLL CALL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole Mayor Pro-Tem Tony Carbone Councilmember Joseph Koza Councilmember Alex Kamkar Councilmember Adrian Hernandez Councilmember Layni Cade Councilmember Jeffrey Barry Councilmember Woody Owens City Manager Clay Pearson City Attorney Darrin Coker City Secretary Frances Aguilar All members were present. IV. CITIZEN COMMENTS Charles McMurrey, 5209 Spring Branch Drive, stated his concerns about the homestead tax rate needing an increase. Paul Eskine, 3516 East Orange Street, stated his concerns about the Charter Review Commission and about Budget fees increasing. V. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Adkisson GC Partners, LLC, represented by Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP, owner, for approval of a zone change for approximately 8.834 acres of land from Spectrum (S-1) District to Planned Development (PD) District, to wit: Legal Description: A tract or parcel containing 8.834 acres or 384,808 square feet of land being out of and a part of the remainder of a called 36.166-acre tract described in a deed to SHT/Kirby, Ltd., as recorded under DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 Harris County Clerk’s File No. 20080049996 situated in the D. White Survey, Abstract No. 876, Harris County, Texas. General Location: Southwest Corner of Hooper Road and Sam Houston Tollway. Mayor Cole opened the public hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. A representative from Hooper Partner Investment, LP was present to answer questions from the council. Mayor Cole closed the public hearing. VI. NEW BUSINESS 1. Consideration and Possible Action - First Reading of Ordinance No. 2000M-231 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property; being a tract or parcel containing 8.834 acres or 384,808 square feet of land being out of and a part of the remainder of a called 36.166-acre tract described in a deed to SHT/Kirby, Ltd., as recorded under Harris County Clerk’s File No. 20080049996 situated in the D. White Survey, Abstract No. 876, Harris County, Texas(located at the southwest corner of Hooper Road and Sam Houston Tollway). Zone Change Application No. ZONE 22 -17, a request by Adkisson GC Partners, LLC, represented by Anthony Sarao, applicant, on behalf of Hooper Partner Investment, LP, owner, for approval of a zone change for approximately 8.834 acres of land from Spectrum (S-1) District to Planned Development (PD) District; providing for an amendment of the zoning district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Owens made the motion, seconded by Mayor Pro-Tem Carbone to approve the first reading of Ordinance No 2000M-231. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for approval of a Conditional Use Permit (CUP) for Outside Storage DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 use on approximately 9.8857 acres of land within the General Commercial (GC) District, to wit: Legal Description: A 9.8857-acre tract of land, also being the remainder of Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria County, Texas. General Location: 1514 Broadway Street, Pearland, Texas. Mayor Cole opened the public hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. The applicant was not able to be in attendance due to a canceled flight. Anthony Giuliani, 3205 Dixie Farm Road, owner of the property next to the Home Depot stated if the two properties can have a shared driveway. Mayor Cole closed the public hearing. VIII. NEW BUSINESS 2. Consideration and Possible Action - Resolution No. R2022-CUP 22-16 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Outside Storage use within the General Commercial (GC) District, on approximately 9.8857 acres of land, being described as a 9.8857-acre tract of land, also being the remainder of Reserve A, Block 1 of Final Plat Home Depot U.S.A., Inc. Subdivision, a subdivision in Brazoria County, Texas, according to the map or plat recorded in Volume 21, Pages 77 & 78 of the Map Records of Brazoria County, Texas(located at 1514 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP22-16, for Outside Storage use within the General Commercial (GC) District, at the request of Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Barry made the motion, seconded by Councilmember Owens to approve Resolution No. R2022-CUP 22-16 to amend with the following conditions: 1. Screening of the proposed storage areas along Dixie Farm Road shall be provided by the landscape screen consisting of 6' high evergreen shrubs at 36" apart within the existing landscape buffer as depicted on attached Exbibit. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 2. No improvements shall be constructed to block cross access to the adjoining property to the south. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. IX. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, for approval of a Conditional Use Permit (CUP) for Outside Storage use on approximately 12.917 acres of land within the General Commercial (GC) District, to wit: Legal Description: All that certain 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast Home Company of Suburban Gardens, Section 85, according to the Plat recorded under Volume 2, Page 107, in the Plat Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753 acres of land according to the plat recorded in Volume 24, Page 22 of the Plat Records of Brazoria County, Texas. General Location: 10111 Broadway Street, Pearland, Texas. Mayor Cole opened the public hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 The applicant was not able to be in attendance due to a canceled flight. Mayor Cole closed the public hearing. X. NEW BUSINESS 3. Consideration and Possible Action - Resolution No. R2022-CUP 22-17 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Outside Storage use within the General Commercial (GC) District, on approximately 12.917 acres of land, being described as 16.67 acres of land, out of Lot 30, Allison Richey Gulf Coast Home Company of Suburban Gardens, Section 85, according to the Plat recorded under Volume 2, Page 107, in the Plat Records of Brazoria County, Texas, in the H.T. & B.R.R. Company Survey, Abstract No. 304, Brazoria County, Texas, less and except, Lot 1, Block 1 and Lots 1 & 2, Block 2 of Silverlake Center, being a subdivision of 3.753 acres of land according to the plat recorded in Volume 24, Page 22 of the Plat Records of Brazoria County, Texas (located at 10111 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP22-17, for Outside Storage use within the General Commercial (GC) District, at the request of Scott Mommer Consulting, represented by Cassie Permenter, applicant, on behalf of HD Development Properties LB, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Barry made the motion, seconded by Councilmember Owens to approve Resolution No. R2022-CUP 22-17 with the addition of staff conditions: 1. Screening of the proposed shed and trailer display areas from view of Wooten Road shall be provided by the landscape screen consisting of 6' high evergreen shrubs at 36" apart within the existing landscape buffer as depicted on attached Exbibit. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. XI. PUBLIC HEARING NO. 4 4. Public Hearing: A request by Auri Jalili, Top Soap Express Carwash, applicant, on behalf of Dean A. HrBacek, owner, for approval of a Conditional Use Permit (CUP) for Auto Wash use on approximately 2.00 acres of land within the General Business (GB) District, to wit: Legal Description: A 2.261 acres (98,491 square feet) tract of land, being all of a called 2.00 acres tract, as described in Brazoria County Clerk File NO. 1974014750, the West ½ of Lot 48 of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas. General Location: 8013 Broadway Street, Pearland, TX. Mayor Cole opened the public hearing. Presentation was provided by Martin Griggs, Assistant Director of Community Development. Auri Jalili, on behalf of Top Soap Express Carwash, gave a presentation and answered questions from the council. Mayor Cole closed the public hearing. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 XII. NEW BUSINESS 4. Consideration and Possible Action - Resolution No. R2022-CUP 22-19 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Auto Wash use within the General Business (GB) District, on approximately 2.00 acres of land, being described as 2.261 acres (98,491 square feet) tract of land, being all of a called 2.00 acres tract, as described in Brazoria County Clerk File NO. 1974014750, the West ½ of Lot 48 of the Allison Richey Gulf Coast Home Company Subdivision, Section 19, H.T & B.R.R. Company Survey, Abstract 243, Brazoria County, Texas (located at 8013 Broadway Street, Pearland, TX). Conditional Use Permit Application No CUP22-19, for Auto Wash use within the General Business (GB) District, at the request of Auri Jalili, Top Soap Express Carwash, applicant, on behalf of Dean A. HrBacek, owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-CUP22-19 to amend with the following conditions: 1. The proposed carwash shall be developed with substantial conformance to the building materials shown on the applicant's Building Elevations Exhibits. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 2. The east and west property lines shall be screened with a minimum of 36" continuous hedgerow of evergreen shrubs to screen the view of the carwash operations from adjacent properties. Councilmember Kamkar made the motion, seconded by Councilmember Hernandez to amend Resolution No. R2022-CUP 22-19 and add the following requirement: "Enhance the screening from 20% to 50% of vegetation along Broadway Street." AYES: Kamkar and Hernandez. NAYS: Carbone, Koza, Barry, Owens, and Cade. The motion failed. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone, to approve Resolution No. R2022-CUP22-19 to amend with the following conditions: 1. The proposed carwash shall be developed with substantial conformance to the building materials shown on the applicant's Building Elevations Exhibits. 2. The east and west property lines shall be screened with a minimum of 36" continuous hedgerow of evergreen shrubs to screen the view of the carwash operations from adjacent properties. AYES: Carbone, Koza, Barry, Owens, and Cade. NAYS: Kamkar and Hernandez. The motion carried. XIII. CONSENT AGENDA A. Consideration and Possible Action - Approval of minutes for the City Council Special Meeting held on August 8, 2022, City Council Workshop Meeting held on August 8, 2022, City Council Regular Meeting held on August 8, 2022; and City Council Workshop Meeting - Budget Discussion #1 held on August 13, 2022. B. Consideration and Possible Action - Resolution No. R2022-159 - A Resolution of the City Council of the City of Pearland, Texas, renewing a unit cost contract for property acquisition and relocation services with Right-of-Way Solutions LLC. C. Item C was pulled for discussion. D. Consideration and Possible Action - Resolution No. R2022-169 - A Resolution of the City Council of the City of Pearland, Texas, approving a Change Order No.2 with TB Concrete Construction, in the amount of $116,580.00, associated with the Shadow Creek Ranch Sidewalk Extension Project. E. Consideration and Possible Action - Resolution No. R2022-175 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a First Amended Utility Agreement with Brazoria County Municipal Utility District No. 69. F. Consideration and Possible Action - Resolution No. R2022-176 - A Resolution granting the consent of the City Council of the City of Pearland, Texas, consenting to the annexation of approximately 49.654 acres, (CR 100 at Harkey Road), into Brazoria County Municipal Utility District No. 69. G. Consideration and Possible Action - Resolution No. R2022-181 - A Resolution of the City Council of the City of Pearland, Texas, amending a contract for construction materials testing services with GeoTech Engineering and Testing, in the additional amount of $12,475.00 (total amount of $58,886.67), for services associated with the Sleepy Hollow Street, Waterline and Sanitary Sewer Rehabilitation Project. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 H. Consideration and Possible Action - Resolution No. R2022-185 - A Resolution of the City Council of the City of Pearland, Texas, authorizing participation in an interlocal agreement with City of Plano for the purchase of utility bill printing and mailing services from DataProse, in the estimated amount of $300,000.00, for the period of September 17, 2022 through September 16, 2023. I. Item I was pulled for discussion. J. Item J was pulled for discussion. K. Consideration and Possible Action - Resolution No. R2022-192 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a financial naming rights agreement with the Vaidya Foundation for the naming of the West Pearland Library Study Room No. 215. L. Consideration and Possible Action - Resolution No. R2022-193 - A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a financial naming rights agreement with Carol Krenzke, Donna Smith, and Marsha Campbell collectively, for the naming of the West Pearland Library Study Room No. 212. Councilmember Hernandez made the motion, seconded by Councilmember Barry to adopt the Consent Agenda Items A through L, excluding items C, I, and J. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. XIV. NEW BUSINESS CONTINUED 5. Consideration and Possible Action - First Reading of Ordinance No. 2000M-230 - An Ordinance of the City Council of the City of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the purpose of changing the classification of certain property; being a 9.747-acre tract of land situated in the H.T. & B. R.R. Co. Survey, Abstract No. 243, City of Pearland, Brazoria County, Texas, being a portion of a called 4.999 acre tract of land described in an instrument to Allison Investments, Inc. recorded under Brazoria County Clerks’ Fil No. 99057945, and a portion of a called 4.999 acre tract of land as described in an instrument to Allison Investments, Inc. recorded under Brazoria county Clerk’s File No. 91896452, same as being out of Lot 3, Section 19 of Allison- Richey Gulf Coast Home Company’s Part of Suburban Gardens subdivision as recorded under Volume 2, Page 23 of the Brazoria County Map Records (located at 1855 Cullen Parkway, Pearland, Texas). Zone Change Application No. ZONE 22-16, a request by Nathan Do, applicant, on behalf of VNDO Holdings LLC, owner, for approval of a zone change for approximately 9.747 acres of land from Cullen Mixed Use (C-MU) District to General Commercial (GC); providing for an amendment of the zoning DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 district map; containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Mayor Pro-Tem Carbone made the motion, seconded by Councilmember Koza to approve the first reading of Ordinance No. 2000M-230. AYES: Carbone, Koza, Hernandez, Barry, Owens, and Cade. NAYS: Kamkar. The motion carried. 6. Consideration and Possible Action - Resolution No. R2022-188 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Buyboard Purchasing System for the purchase of one (1) new replacement Fire truck, in the amount of $1,035,109.00, from Siddons Martin Emergency Group. Councilmember Kamkar made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-188. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. 7. Consideration and Possible Action - Resolution No. R2022-190 - A Resolution of the City Council of the City of Pearland, Texas, amending Chapter 5, Stormwater Drainage, of the City’s Engineering Design Criteria Manual, to reflect the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 rainfall values for infrastructure design. Councilmember Koza made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-190. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. 8. Fiscal Year 2023 Budget Discussion #2 Presentation was provided by Erich Roche, Budget Officer. Nancy Massey, Water Billing & Collections Manager, presented the utility billing fee updates. Patrick Savage, Assistant Chief of Police, presented the Police Department fee updates. Carry Capers, Director of Parks and Recreation, presented the Parks and Rec fee updates along with the new fees coming in the Fiscal Year 2023. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 Jack 'J' Taylor, Fire Chief, and Chad McCune, Division Chief of Fire Prevention/Fire Marshal, presented the new fees coming in Fiscal Year 2023 for the Fire Department. Adam Carroll, 12511 Britt, addressed Council on behalf of the Pearland Police Association regarding the importance of the retention of employees. Jim Johnson, 6117 Broadway, addressed Council on behalf of the Pearland Chamber of Commerce, stating his concerns about the increase of fees and new fees on businesses. XV. MATTERS REMOVED FROM CONSENT AGENDA C. Consideration and Possible Action - Resolution No. R2022-168 - A Resolution of The City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to participate in an interlocal cooperative pricing arrangement with the Choice Partners Cooperative System for the purchase of construction services from Generosity Services, Inc., in the amount of $232,366.30, for the renovation and restoration of the Pearland Train Depot Project. Councilmember Owens made the motion, seconded by Councilmember Barry to approve Resolution No. R2022-168 . AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. I. Consideration and Possible Action - Resolution No. R2022-186 - A Resolution of the City Council of the City of Pearland, Texas, ratifying emergency expenditures for HVAC repairs and replacement at the Fire Administration Building and Hillhouse annex with TD Industries, in the amount of $58,569.00. Councilmember Barry made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-186. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. J. Consideration and Possible Action - Resolution No. R2022-189 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Joiner Architects, for preliminary planning schematic report services associated with Fire Station # 7, in the estimated amount of $58,600.00. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-189. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 Councilmember Kamkar made the motion, seconded by Councilmember Owens to postpone this item until the first meeting after the second hearing of the budget as adopted. AYES: Kamkar. NAYS: Carbone, Koza, Hernandez, Barry, Owens, and Cade. The motion failed. Councilmember Cade made the motion, seconded by Mayor Pro-Tem Carbone, to approve Resolution No. R2022-189. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. XVI. OTHER BUSINESS There were none. XVII. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION I. Consideration and Possible Action- Authorizing the commissioning of a Charter Review Commission to make possible recommendations to the voters. Councilmember Kamkar made the motion, seconded by Councilmember Hernandez to set a Charter Review Commission. AYES: Kamkar and Hernandez. NAYS: Carbone, Koza, Barry, Owens, and Cade. The motion failed. II. Consideration and Possible Action- R2022-194 - A Resolution of the City Council of the City of Pearland, Texas, amending the City Council Rules and Order of Business (“Rules”) as guidelines for the organization and governance of the City Council. Darrin Coker, City Attorney, provided the proposed changes that were recommended by Councilmember Hernandez regarding City Council Rules. Councilmember Hernandez made the motion, seconded by Mayor Pro-Tem Carbone to approve Resolution No. R2022-194 with the recommended changes to the City Council Rules to promote public trust by enhancing public access to Council disclosures required by state and local law. AYES: Carbone, Koza, Kamkar, Hernandez, Barry, Owens, and Cade. NAYS: None. The motion carried. DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D Pearland City Council Minutes August 22, 2022 XVIII.EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE Council adjourned into Executive Session at 10:09 p.m. Section 551.074- Personnel Matters - Regarding City Boards and Commissions. Conducted Executive Session 551.074 - Personnel Matters - Review of the City Manager's Performance related to staff performance. Conducted Council returned from Executive Session at 12:09 a.m. XIX.NEW BUSINESS CONTINUED 9.Consideration and Possible Action - Regarding appointments to the Boards and Commissions. No action was taken. 10.Consideration and Possible Action- Regarding the review of the City Manager's performance related to staff performance. No action was taken. XX.ADJOURNMENT Mayor Cole adjourned the meeting at 12:09 a.m. Minutes approved as submitted and/or corrected this 12th day of September 2022. City of Pearland, Texas J. Kevin Cole Mayor ATTEST: Frances Aguilar TRMC, MMC City Secretary DocuSign Envelope ID: 4B36D93D-0991-4E02-BB0B-E43104F5AD7D