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2022-11-07 CITY COUNCIL REGULAR MEETING AGENDA CRASH RESPONDER SAFETY WEEK PROCLAMATION PRESENTATION ARBOR DAY PROCLAMATION PRESENTATION ARBOR DAY DRAWING CONTEST WINNER ANNOUNCEMENT �� I' ���111�� « 1000 40 w ,III � 4000001IIIIm„ CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 7, 2022 6:30 P.M. PEARLAND CITY HALL (COUNCIL CHAMBERS 13519 LIBERTY DRIVE I. CALL TO ORDER II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA FLAG AND TEXAS FLAG III. ROLL CALL AND CERTIFICATION OF QUORUM Mayor J. Kevin Cole, Mayor Pro-Tern Tony Carbone, Councilmembers Joseph Koza, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, Woody Owens. IV. CITIZEN COMMENTS In order to hear all citizen comments at a reasonable hour, the City Council requests that speakers respect the three-minute time limit for individual comments and the five- minute time limit for an individual speaking on behalf of a group. This is not a question-answer session, however, it is an opportunity to voice your thoughts with City Council. V. PUBLIC HEARING NO. 1 1. Public Hearing: A request by Westside SC Pearland LTD., applicant and owner, for approval of a Conditional Use Permit (CUP) for Gym/Health Club use on approximately 5.044 acres of land within the Neighborhood Service (NS) District, to wit: Legal Description: A 5.044-acre tract of land, being the remainder of Tract "A", of the Final Plat of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas. City Council Regular Meeting - Nov 07 2022 General Location: 5060-5070 Broadway Street, Pearland, TX. Public Hearing: Conditional Use Permit Application-CUP 22-23 AIR-22-581 -Pdf VI. NEW BUSINESS 1. Consideration and Possible Action - Resolution No. R2022-CUP 22-23 - A Resolution of the City Council of the City of Pearland, Texas, approving a Conditional Use Permit (CUP) for Gym/Health Club use within the Neighborhood Service (NS) District, on approximately 5.044 acres of land, being 5.044-acre tract of land, being the remainder of Tract "A", of the Final Plat of West Side Plaza, a subdivision in the City of Pearland according to the Plat and Map recorded in Volume 17, Pages 259-260 in the Plat or Map Records of Brazoria County, Texas (located at 5060-5070 Broadway Street). Conditional Use Permit Application No CUP22-23, for Gym/Health Club use within the Neighborhood Service (NS) District, at the request of Westside SC Pearland LTD., applicant and owner, containing a savings clause, a severability clause, and an effective date and other provisions related to the subject. Consideration and Possible Action- Resolution No. R2022-CUP 22-23 AIR-22-593-Pdf VII. PUBLIC HEARING NO. 2 2. Public Hearing: A request by Colin Davidson, META Planning & Design LLC., applicant, on behalf of Fairbanks Groups LLC., owner, and Adam Omran, owner, for approval of a zone change from Residential Estate (RE) District to Single-Family Residential-3 (R-3) District on three (3) tracts of land totaling approximately 12.48 acres, to wit: Legal Description: Being a tract of land containing 5.00acres, situated in the H.T. & B.R.R. Co. Survey, A-564, Brazoria County, Texas, and being all of a 5.00-acre tract of record in the name of Fairbanks Group, LLC in Brazoria County Clerk's File (B.C.C.F.) Number 2014022718. "Lot 1": Being Lot 1, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria County, Texas. "Lot 2": Being Lot 2, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria County, Texas. General Location: North of Magnolia Parkway and West of Kirby Drive. Public Hearing:Zone Change Application-ZONE 22-26 AIR-22-580- Pdf VIII. NEW BUSINESS 2. Consideration and Possible Action - First Reading of Ordinance No. 2000M-241 - 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 of land containing 5.00acres, situated in the H.T. & B.R.R. Co. Survey, A-564, Brazoria County, Texas, and being all of a 5.00-acre tract of record in the name of Fairbanks Group, LLC in Brazoria County Clerk's File (B.C.C.F.) City Council Regular Meeting - Nov 07 2022 Number 2014022718. "Lot 1": Being Lot 1, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria County, Texas. "Lot 2": Being Lot 2, Block 1 of the Elim Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 28, Pages 383-384 in the Plat Records of Brazoria County, Texas(located north of Magnolia Parkway, west of Kirby Drive). Zone Change Application No. ZONE 22-26, a request by Colin Davidson, META Planning & Design LLC., applicant, on behalf of Fairbanks Groups LLC., owner, and Adam Omran, owner, for approval of a zone change from Residential Estate (RE) District to Single-Family Residential-3 (R-3) District on three (3) tracts of land totaling approximately 12.48 acres; 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. Consideration and Possible Action- First Reading of Ordinance No. 2000M-241 AIR-22-592- Pdf IX. PUBLIC HEARING NO. 3 3. Public Hearing: A request by Xavier Esquino, applicant, on behalf of Lizabeth Gillis, owner, for approval of a zone change from Single-Family Residential-2 (R-2) District to Single-Family Residential-3 (R-3) District on three (3) tracts of land totaling approximately 12.3429 acres of land, to wit: Legal Description: Being a tract of land containing 8.3866 acres, situated in the H.T. & B.R.R. Co. Survey, Section 5, Abstract 237, Brazoria County, Texas, being part of Lots 13 and 13-1/2 of the H. Masterson Subdivision, a subdivision recorded in Volume 28, Page 6 of the Deed Records of Brazoria County, Texas. "Lot 6": Being Lot 6, Block 1 of the Crawford Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 20, Pages 243-244 in the Plat Records of Brazoria County, Texas. "Lot 7": Being Lot 7, Block 1 of the Crawford Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 20, Pages 243-244 in the Plat Records of Brazoria County, Texas. General Location: South of West Orange Street and East of Hatfield Road. Public Hearing:Zone Change Application-ZONE 22-25 AIR-22-579- Pdf X. NEW BUSINESS 3. Consideration and Possible Action - First Reading of Ordinance No. 2000M-240 - 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 of land containing 8.3866 acres, situated in the H.T. & B.R.R. Co. Survey, Section 5, Abstract 237, Brazoria County, Texas, being part of Lots 13 and 13-1/2 of the H. Masterson Subdivision, a subdivision recorded in Volume 28, Page 6 of the Deed Records of Brazoria County, Texas. "Lot 6": Being Lot 6, Block 1 of the Crawford Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 20, Pages 243-244 in the Plat Records of Brazoria County, Texas. "Lot 7": Being Lot 7, Block 1 of the City Council Regular Meeting - Nov 07 2022 Crawford Subdivision, a subdivision in the City of Pearland according to the Plat recorded in Volume 20, Pages 243-244 in the Plat Records of Brazoria County, Texas(located south of West Orange Street, east of Hatfield Road). Zone Change Application No. ZONE 22-25, a request by Xavier Esquino, applicant, on behalf of Lizabeth Gillis, owner, for approval of a zone change fromSingle-Family Residential-2 (R-2) District to Single-Family Residential-3 (R-3) District on three (3) tracts of land totaling approximately 12.3429 acres of land; 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. Consideration and Possible Action- First Reading of Ordinance No. 2000M-240 AIR-22-591 - Pdf Xl. CONSENT AGENDA All items listed under the "Consent Agenda" are considered to be routine and require little or no deliberation by the City Council. These items will be enacted/approved by one motion unless a councilmember requests separate action on an item, in which event the item will be removed from the Consent Agenda and considered by separate action (VI. Matters Removed from Consent Agenda). Approval of the Consent Agenda enacts the items of legislation. A. Consideration and Possible Action -Approval of minutes for the City Council Special Meeting - CIP Update Series held on October 17, 2022, and the City Council Regular Meeting held on October 24, 2022. Approval of Minutes AIR-22-582- Pdf B. Consideration and Possible Action - Second & Final Reading of Ordinance No. 2000M-238 - 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 15.80-acre (687,895 square feet) tract of land, being known as Lot 22 and the called East 6 acres of Lot 9, of the Allison-Richey Gulf Coast Homes Company Subdivision of Section 7, H.T. & B. R. R. Survey, Abstract No. 219, Brazoria County, Texas, according to the recorded map or plat thereof in Volume 2, Page 23 of the Plat Records, Brazoria County, Texas (located at the Northwest Quadrant of O'Day Road and the new McHard Road). Zone Change Application No. ZONE 22-23, a request by Shiran Perera, applicant, on behalf of TechPro Estates, LLC, owner, for approval of a zone change from Garden/O'Day-Mixed Use (G/O-MU) District and Single-Family Residential-1 (R-1) District to Single-Family Residential-3 (R-3) 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. Consideration and Possible Action-Second & Final Reading of Ordinance No.2000M-238 AIR- 22-577-Pdf C. Consideration and Possible Action - Resolution No. R2022-111 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with InfraTech Engineers & Innovators, LLC, for design services associated with the Pearland Parkway Intersection Improvement Project (Pearland Parkway at Broadway), in the estimated amount of$127,651.00. City Council Regular Meeting - Nov 07 2022 Pearland Parkway at Broadway Intersection Improvements Design Contract AIR-22-114-Pdf D. Consideration and Possible Action - Resolution No. R2022-113 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with KIT Professionals, Inc., for design services associated with the Green Tee Transite Pipe Water Line Replacement Project, in the estimated amount of$333,060.00. Green Tee Transite Pipe Waterline Replacement Design Contract AIR-22-088-Pdf E. Consideration and Possible Action - Resolution No. R2022-200 - A Resolution of the City Council of the City of Pearland, Texas, awarding a supply contract for water meters to Badger Meter, Inc., in the estimated amount of$288,891.00, for the period of December 1, 2022 through November 30, 2023. Water Meter Supply Contract Award AIR-22-389-Pdf F. Consideration and Possible Action - Resolution No. R2022-201 - A Resolution of the City Council of the City of Pearland, Texas, awarding a supply contract for Openway Riva components and parts (associated with Badger water meters) to Republic Meter, Inc., in the estimated amount of $201,619.00, for the period of December 1, 2022 through November 30, 2023. Republic Meter Contract Award AIR-22-391 -Pdf G. Consideration and Possible Action - Resolution No. R2022-243 - A Resolution of the City Council of the City of Pearland, Texas, authorizing an Advanced Funding Agreement with the State of Texas, for a voluntary utility relocation contribution on a federally funded off-system bridge project in the amount of$228,035.00. Utility AFA for Country Club Bridge AIR-22-429-Pdf H. Consideration and Possible Action - Resolution No. R2022-246 - A Resolution of the City Council of the City of Pearland, Texas, awarding a repair contract for Priority 1 repairs on standby generators to Arcco Company Services, Inc., in the estimated amount of$96,567.47. Priority 1 Generator Repairs Contract Award AIR-22-490-Pdf Consideration and Possible Action - Resolution No. R2022-253 - A Resolution of the City Council of the City of Pearland, Texas, authorizing a professional service contract with Asakura Robinson, associated with preparation of Cultural Arts Master Plan, in the estimated amount of $107,038.00. Proposed Cultural Arts Master Plan Contract Award AIR-22-543- Pdf XII. NEW BUSINESS CONTINUED 4. Consideration and Possible Action - Second & Final Reading of Ordinance No. 2000M-239 - 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 Tract 1: being a tract or parcel containing 13.374 acres (582,582 square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number 304, Brazoria County, Texas; being out of and a part of Lots 4 and 5, Allison Richey Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co. Survey, Sec. 85, A-304 (hereinafter referred to as the Allison City Council Regular Meeting - Nov 07 2022 Richey Plat), a subdivision plat of record in Vol. 2, Pg. 107, Brazoria County Plat Records; Tract 2: being a tract or parcel containing 1.999 acres (87,063 square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number 304, Brazoria County, Texas; being out of and a part of Lot 5, Allison Richey Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co. Survey, Sec. 85, A-304 (hereinafter referred to as the Allison Richey Plat), a subdivision plat of record in Vol. 2, Pg. 107, Brazoria County Plat Records; being all of a called 1.0638 acre tract of land conveyed to Alimas Properties, Ltd. as described by deed recorded under Brazoria County Clerk's File Number 2013000516; being all of a called 0.78 acre tract (Tract #2) of land conveyed to Alimas Properties, Ltd. as described by deed recorded under B.C.C.F. Number 2006026952; Tract 3: being a tract or parcel containing 1.000 acre (43,560 square feet) of land situated in the H.T. & B.R.R. Co. Survey, Sec. 85, Abstract Number 304, Brazoria County, Texas; being out of and a part of Lot 6, Allison Richey Gulf Coast Home Company Subdivision of said H.T. & B.R.R. Co. Survey, Sec. 85, A-304, a subdivision plat of record in Vol. 2, Pg. 107, Brazoria County Plat Records; being all of a called 1.00 acre tract of land conveyed to TLR Investments, LLC as described by deed recorded under Brazoria County Clerk's File Number 2019029710 (Located on the East side of Smith Ranch Road, South of Smith Ranch 1 Road, and North of Hickory Slough). Zone Change Application No. ZONE 22-24, a request by Alan Mueller, applicant, on behalf of Alimas Properties LTD and TLR Investments LLC, owners, for approval of a zone change from Business Park-288 (BP-288) to Planned Development (PD) District, incorporating approximately 16.18 acre of land into the Domain at Smith Ranch Mixed Use Planned Development; 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. Consideration and Possible Action-Second & Final Reading of Ordinance No.2000M-239 AIR- 22-578-Pdf 5. Consideration and Possible Action - Resolution No. R2022-256 - A Resolution of the City Council of the City of Pearland, Texas, awarding a supply contract for fire apparatus preventative maintenance and repair service with Siddons-Martin Emergency Group through the Cooperative Purchasing Agreement with Buyboard, in the amount of $500,000.00, for the period of November 15, 2022 to November 14, 2023. Siddons Martin Preventative Maintenance and Repair Service Contract.AIR-22-575-Pdf 6. Staff Presentation with City Council Input and Discussion — Background, Impact, and Options related to Corrections to Taxable Value relating to the Adopted FY 23 Budget. City Council Input and Discussion AIR-22-600-Pdf XIII. MATTERS REMOVED FROM CONSENT AGENDA XIV. OTHER BUSINESS XV. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION XVI. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE City Council Regular Meeting - Nov 07 2022 The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Texas Government Code, in accordance with the authority contained in: Section 551.074- Personnel Matters - Regarding City Boards and Commissions. Executive Session-Appointment of City Boards and Commissions AIR-22-583-Pdf Section 551.071- Consultation with City Attorney- Regarding Legal Matters Associated with the Use of City Facilities. Executive Session-Consultation with Attorney AIR-22-586-Pdf Section 551.087- Economic Development - Deliberations Regarding Economic Development Negotiations. Executive Session-Economic Development Negotiations AIR-22-587- Pdf Section 551.071- Consultation with City Attorney- Regarding Legal Matters Associated with Sale of Municipal Assets. Executive Session-Consultation with Attorney AIR-22-594-Pdf XVII. NEW BUSINESS CONTINUED 7. Consideration and Possible Action - Resolution No. R2022-252 - A Resolution of the City Council of the City of Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future tax-exempt obligations. Supplemental Intent to Reimburse from Bond Proceeds AIR-22-584- Pdf 8. Consideration and Possible Action - Regarding Economic Development Negotiations. Executive Session-Economic Development Negotiations AIR-22-599- Pdf XVIII. ADJOURNMENT If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary at 281.652.1840 or by e-mail at citysecretary@pearlandtx.gov. Requests for special services must be received Forty-eight (48) hours prior to the meeting time. Reasonable accommodations will be made to assist your needs. I, Frances Aguilar, City Secretary, do hereby certify that this Notice of Meeting was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, https://www.pearlandtx.gov/, in compliance with Chapter 551, Texas Government Code. This said Notice of the City of Pearland City Council Regular Meeting for November 7, 2022, was posted at City Hall, 3519 Liberty Dr., Pearland, Texas 77581 on November 3, 2022, by 6:00 p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of the said meeting. Frances Aguilar, TRMC, MMC City Secretary City Council Regular Meeting - Nov 07 2022 4. NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF CITY OF PEARLAND REINVESTMENT ZONE NUMBER 3 Notice is hereby given that the City Council of the City of Pearland, Texas (the "City Council"), pursuant to Chapter 311 003 of the Texas Tax Code, will conduct a hearing at its regular meeting on November 7, 2022, at 6 30 p m , in the Council Chambers at City Hall located at 3519 Liberty Drive, Pearland, Texas 77581, for the purpose of establishing City of Pearland Reinvestment Zone Number 3, pursuant to Chapter 311 of the Texas Tax Code All interested persons are invited to attend this meeting and offer any comments on the designation of this zone, its boundaries, or the concept of tax increment financing All comments will be considered by the City Council The proposed area to be designated as City of Pearland Reinvestment Zone Number 3 is generally bounded by Hastings Cannons Road to the south, Bailey Road to the north, Pearland Parkway to the east and Manvel Road to the west. ISI Fram.ceis-Aw acut Frances Aguilar, TRMC, MMC City Secretary If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Secretary at 281 652.1840 or by e-mail at citysecretary@pearlandtx.gov Requests for special services must be received Forty-eight (48) hours prior to the meeting time Reasonable accommodations will be made to assist your needs. w 6 16 1 22 1 22 November TIRZ 3 PH October 26 LOOKING TO MAKE SOME EXTRA MONEY? The Reporter News is seeking a commission only salesperson. To learn more or send your resume please email reporternewstx@gmail.com 6 REPORTER NEWS, October 26, 2022LEGALS LEGALSPublished Oct. 12, 19 & 26, 2022 LEGALS Published Oct. 12, 19 & 26, 2022 Published Oct. 12, 19 & 26, 2022 ReporterNewsClassifieds281-485-7501 Subscribe online at:myreporternews.com/plans OR Mail check payable to:Reporter NewsPO Box 954Friendswood, TX 77549 Please includeName and Address and if you prefer thePearland orFriendswood edition $4000 PER YEAR for Pearland or Friendswood Edition Subscribe to the Reporter News LEGALS LEGALSPublished Oct. 26, 2022NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF CITY OFPEARLAND REINVESTMENT ZONE NUMBER 3Notice is hereby given that the City Council of the City of Pearland, Texas (the“City Council”), pursuant to Chapter 311.003 of the Texas Tax Code, will con-duct a hearing at its regular meeting on November 7, 2022, at 6:30 p.m., in theCouncil Chambers at City Hall located at 3519 Liberty Drive, Pearland, Texas77581, for the purpose of establishing City of Pearland Reinvestment ZoneNumber 3, pursuant to Chapter 311 of the Texas Tax Code. All interested per-sons are invited to attend this meeting and offer any comments on the designa-tion of this zone, its boundaries, or the concept of tax increment financing. Allcomments will be considered by the City Council.The proposed area to be designated as City of Pearland Reinvestment ZoneNumber 3 is generally bounded by Hastings Cannons Road to the south, BaileyRoad to the north, Pearland Parkway to the east and Manvel Road to the west./s/ Frances AguilarFrances Aguilar, TRMC, MMCCity Secretary If you plan to attend this public meeting and you have a disability that requiresspecial arrangements at the meeting, please contact the City Secretary at281.652.1840 or by e-mail at citysecretary@pearlandtx.gov. Requests for spe-cial services must be received Forty-eight (48) hours prior to the meeting time.Reasonable accommodations will be made to assist your needs.LEGALS LEGALSPublished Oct. 26, 2022 NOTICE OF CHANGE IN CONTROLOF A BANK HOLDING COMPANYJacalyn Miller DeLange, Michalyn Miller Ordeneaux, the Rosalie Miller Acree1999 GST Trust FBO Michalyn Miller Ordeneaux (Jacalyn Miller DeLange andMichalyn Miller Ordeneaux, as Co-Trustees); the Rosalie Miller Acree 1999GST Trust FBO Jacalyn Miller DeLange (Jacalyn Miller DeLange and MichalynMiller Ordeneaux, Co-Trustees); the Michalyn Miller Ordeneaux 2004 GSTTrust U/T/A dated 12-27-04 by Michalyn Miller Ordeneaux, Grantor (RoddyKeith Ordeneaux and Michala Ordeneaux Denton, Co-Trustees); Jacalyn MillerDeLange Trust (Lyndsey Miller DeLange Hagan, Trustee) each of Pearland,Texas intends to apply to the Federal Reserve Board for permission to acquireand retain 25% or more of the outstanding shares and thereby control ofCoastal Bancshares, Inc. (“Company”), Pearland, Texas. The Company con-trols Pearland State Bank, Pearland, Texas and First National Bank of Alvin,Alvin, Texas. The Federal Reserve considers a number of factors in decidingwhether to approve the notice. You are invited to submit comments in writing on this notice to the FederalReserve Bank of Dallas, P.O. Box 655906, Dallas, Texas 75265-5906. Thecomment period will not end before November 15, 2022, and may be somewhatlonger. The Board’s procedures for processing applications may be found at 12C.F.R. Part 262. Procedures for processing protested applications may befound at 12 C.F.R. 262.25. To obtain a copy of the Federal Reserve Board’sprocedures, or if you need more information about how to submit your com-ments on the notice, contact Ms. Karen Smith, Director Mergers & Acquisitions,at (214)922-6786. The Federal Reserve will consider your comments and anyrequest for a public meeting or formal hearing on the notice if they are receivedin writing by the Reserve Bank on or before the last day of the commentperiod.