City Council

Carlos0Hernández Council Members Mayor Katharine Cue-Fuente Isis Garcia-Martinez Vivian Casáls-Muñoz Paul B. Hernández Council President Lourdes Lozano Carl Zogby Jose F. Caragol Council Vice President City Council Summary Agenda/Minutes June 12, 2018 7:00 P.M. Call to Order REPORT: Council President Casáls-Muñoz called the meeting to order at 7:00 p.m. Roll Call REPORT: The following Council Members were present: o Council President Vivian Casáls-Muñoz o Councilwoman Lourdes Lozano o Councilman Carl Zogby o Councilwoman Katharine Cue-Fuente o Councilman Paul Hernandez REPORT: The following Council Members were absent: o Council Vice-President Jose Caragol o Councilwoman Isis Garcia-Martinez REPORT: Also present were: o Lorena Bravo, City Attorney Invocation given by Lisette Perez, Office Coordinator of the Office of the City Clerk REPORT: The invocation was led by Lisette Perez, Office Coordinator, Office of the City Clerk. Pledge of Allegiance to be led by Councilwoman Isis Garcia-Martinez REPORT: The Pledge of Allegiance was led by Councilmember Katherine Cue-Fuente. 1  MEETING GUIDELINES The following guidelines have been established by the City Council:  ALL LOBBYISTS MUST REGISTER WITH THE CITY CLERK  As a courtesy to others, please refrain from using cellular telephones or other similar electronic devices in the Council Chamber.  A maximum of three (3) speakers in favor and three (3) speakers in opposition will be allowed to address the Council on any one item. Each speaker’s comments will be limited to three (3) minutes.  No signs or placards, in support of or in opposition to an item or speaker, shall be permitted within the Council Chamber.  Members of the public may address the City Council on any item pertaining to City business during the Comments and Questions portion of the meeting. A member of the public is limited to one appearance before the City Council and the speaker’s comments will be limited to three (3) minutes. REPORT: The meeting guidelines were read into the record by Lisette Perez, Office Coordinator, Office of the City Clerk, in English, and by Brigette Leal, Administrative Aide, Office of the City Clerk, in Spanish. PRESENTATIONS  Presentation by Mayor Hernandez of a Certificate of Appreciation to the following volunteers of the organization La Liga Contra El Cancer for their efforts and contributions. PRESENTED. 1. Gabriela Gonzalez 2. Jesus Hechavarria 3. Jessenia Hechavarria 4. Micah G. Vazquez 5. Victoria Vazquez 6. Claudia Quintana REPORT: Councilman Paul Hernandez arrived at 7:05 p.m. REPORT: Councilmember Hernandez recognized the volunteers of the organization of La Liga Contra El Cancer and thanked them for their hard work. 2 1. ANNOUNCEMENT OF AMENDMENTS/CORRECTIONS TO THE AGENDA  Items 3B and 3C have been moved to the Planning and Zoning section and are now items PZ11 and PZ12.  Item 3D has been replaced as item 3B.  Additional backup to item 3B has been placed on the dais for the City Council’s review.  Proposed ordinance for item PZ12 has been revised and placed on the dais for the City Councils review.  Items L, M and N have been added to today’s agenda and have been placed on the dais for the City Council’s review.  Item G has been withdrawn from today’s agenda.  Item 3A has been postponed until June 26, 2018. 2. CONSENT AGENDA All items listed with letter designations are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember, the Mayor or a resident so requests, in which case the item will be removed from the consent agenda and considered along with the regular order of business. REPORT: Motion to Approve the Consent Agenda, made by Councilwoman Cue- Fuente, and seconded by Councilwoman Lozano. Motion passed 5-0-2 with Council Vice President Caragol and Councilwoman Garcia-Martinez being absent. A. Request permission to approve the minutes of the City of Hialeah Council Meeting held on May 22, 2018. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. B. Request permission to cancel the upcoming July 10, 2018 and July 24, 2018 City Council meetings for summer recess, pursuant to §3.01 of the City Charter. (OFFICE OF THE CITY CLERK) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. C. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to Zoll Medical Corporation., sole source vendor, for a three (3) year extended warranty contract commencing on May 1, 2018 through April 30, 2021 for auto-pulse equipment (Automatic CPR Machine) and battery replacement for the 3  aforementioned equipment, for three (3) payments to be invoiced yearly at $23,800 for a total cumulative amount not to exceed $71,400. (FIRE DEPT) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. D. Request permission to waive competitive bidding, since it is advantageous to the City, and increase purchase order #2018-30, issued to Autonation Ford Miami, doing business as Bull Motors, LLC., to purchase Ford parts and accessories, by an additional amount of $15,000, for a new total cumulative amount not to exceed $30,000. (FLEET AND MAINTENANCE DEPT.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. E. Request permission to waive competitive bidding, since it is advantageous to the City, and increase purchase order #2018-1321, issued to Eureka Farms LLC, to purchase Green Island Ficus Plants to replace landscaping throughout the City, by an additional amount of $31,500 for a new total cumulative amount not to exceed $69,000. (STREETS DEPT.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. F. Request permission to waive competitive bidding, since it is advantageous to the City, and issue a purchase order to SRS Engineering, Inc., for the design project of Roadway and Drainage Improvements for West 21st Court between West 56th Street and West 60th Street, in a total cumulative amount not to exceed $36,779.06. (STREETS DEPT.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. G. Proposed resolution strongly urging the Miami-Dade County Public School Board and the Department of Transportation and Public Works of Miami-Dade County to install signalization at the appropriate perimeter roads at the Westland Hialeah High School. (ADMINISTRATION) WITHDRAWN H. Proposed resolution authorizing the transfer of unencumbered appropriation balance or a portion thereof between classifications of expenditures within an office or department within the general fund; within the special revenue funds, in particular, fire rescue fund, parks grants and impact fees fund, urban area security grant fund, police grant fund, affordable housing fund, building division fund; within the capital funds in particular, Hialeah Educational Academy Charter School expansion fund; and within enterprise funds, in particular, public works fund-Solid Waste and Water & Sewer as summarized an itemized in the schedule attached as Exhibit “1B” and made a part hereof; and providing for an effective date. (OFFICE OF MANAGEMENT BUDGET DEPT) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. RESOLUTION NO. 2018-050 I. Request permission to waive competitive bidding, since it is advantageous to the City, and increase purchase order #2018-1407, issued to Trane U.S. Inc., to replace the existing Advantix dehumidifiers that are malfunctioning at the Milander Center, by an additional amount of $16,909 for a new total cumulative amount not to exceed $165,481. (CONSTRUCTION AND MAINTENANCE DEPT.) 4  APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. J. Request permission to utilize Florida Sheriffs Association & Florida Association of Counties Bid No. FSA17-VEL 25.0 – 2018 Chevy Express 2500 Cargo Van –CG23405 Specification #34, and issue a purchase order to AN Motor of Pembroke, LLC., to purchase one (1) 2018 Chevrolet Express 2500 Cargo Van, in the amount of $24,594. Further request permission to utilize Florida Sheriffs Association & Florida Association of Counties- Mid-Size 4-Door Utility Vehicles- 4x2 Specification #27, to purchase one (1) 2018 Chevrolet Traverse, in the amount of $30,211 from AutoNation Chevrolet of Pembroke, doing business as AN Motors of Pembroke, LLC. The total amount of the expenditure for two (2) vehicles is $54,805. (BUILDING DEPT.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. K. Proposed resolution ratifying and approving supplemental appropriations to the annual budget for fiscal year 2017-2018 and in particular revising the budget to supplement revenues within the special revenue funds, in particular, Community Development Block Grant (CDBG) fund, Law Enforcement Trust Fund (LETF)-State , Emergency Solution Fund, Home Investment Partnership Program Fund, Police Grant Fund, State Housing Initiative Program Fund, Emergency Medical Services (EMS) Fund And ECS, library and special events fund; and within the capital funds in particular, Hialeah Educational Academy (HEA) Charter School Expansion fund and parks project fund as summarized and itemized in the schedule attached as Exhibit “1A” and made a part hereof. (OFFICE OF MANAGEMENT BUDGET DEPT) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. RESOLUTION NO. 2018-051 L. Request permission to reject Hialeah Invitation to Bid No. 2017/18-3230-00-008 – Elderly Housing Project Impact Windows and Glass Doors, due to only one vendor submitting for the scope of work and it was disqualified, and further request permission to allow the Construction and Maintenance Department to obtain quotations for this phase of the project. (CONSTRUCTION AND MAINTENANCE DEPT.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. M. Request permission to reject Hialeah Invitation to Bid No. 2017/18-3230-00-007 – Impact Windows and Glass Doors, due to only one vendor submitting for the scope of work and it was disqualified, and further request permission to allow the Construction and Maintenance Department to obtain quotations for this phase of the project. (CONSTRUCTION AND MAINTENANCE DEPT.)’ APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. N. Proposed resolution accepting a $4,000,000.00 grant from the State of Florida Job Growth Grant Fund for the design permitting and construction of N.W. 102 Avenue, from N.W. 162 Street to N.W. 170 Street; approving the terms of the Florida Job Growth Infrastructure Grant Agreement with the State of Florida as set forth in Exhibit 1 job; authorizing the Mayor and the City Clerk, as attesting witness, to execute and deliver the 5  agreement and all other necessary and customary documents in furtherance thereof on behalf of the City; and providing for and effective date. (ADMINISTRATION) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. RESOLUTION NO. 2018-052 3. ADMINISTRATIVE ITEMS 3A. Second reading and public hearing of proposed ordinance amending Chapter 98, “Zoning”, Article VI, entitled “Supplementary District Regulations”, Division 5 entitled “Uses”, Subdivision VIII, entitled “Assisted Living Facilities” §§ 98-1956 and 98-1957, to require compliance with the distance separation in Sections §§ 98-1989 and 98-1990 as applicable; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; providing for inclusion in code; and providing for an effective date. (ADMINISTRATION) POSTPONED UNTIL JUNE 26, 2018. Item was approved by the City Council on first reading on May 22, 2018. 3B. First reading of proposed ordinance approving a master equipment lease/purchase agreement with Banc of America Public Capital Corp, as lessor, and the City, as lessee, and separate schedules thereto, for the acquisition, purchase, financing and leasing of certain equipment as described herein; authorizing certain other documents required in connection therewith; authorizing all other actions necessary to the consummation of the transactions contemplated by this ordinance; authorizing the Mayor and City Clerk, as attesting witness, to execute the master equipment lease/purchase agreement and all necessary documents on behalf of the City; repealing all ordinances or parts of ordinances in conflict herewith; providing for penalties for violation hereof; providing for a severability clause; and providing for an effective date. (ADMINISTRATION) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. REPORT: Lorena Bravo, City Attorney, City of Hialeah, clarified item to the City Council. REPORT: Motion to approve item 3B, made by Councilman Zogby, and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. 4. BOARD APPOINTMENTS NONE 6 5. UNFINISHED BUSINESS NONE 6. NEW BUSINESS  General discussion on Assisted Living Facilities throughout the City. (At the request of Councilman Paul Hernandez.) REPORT: Councilman Hernandez discussed requirements on Assisted Living Facilities (ALF’s) and asked for a public meeting to be held with all Assisted Living Facilities owners within the City of Hialeah to be invited to attend. REPORT: Council President Casáls-Munoz spoke on conducting a public meeting with all of the owners of Assisted Living Facilities in Hialeah. REPORT: Carlos Berragon, 8879 West 33rd Avenue, addressed the City Council and City Attorney on tow trucks entering Aragon and Bonterra communities through the residential entrance. REPORT: Carlos Berragon, 8879 West 33rd Avenue, addressed the City Council on grading on West 92nd Street and West 97th Avenue, concerned with drainage issues. REPORT: Jose Sanchez, Director of Streets, City of Hialeah, spoke of construction on 97th Avenue. 7. COMMENTS AND QUESTIONS NONE ZONING Administration of Oath to all applicants and anyone who will be speaking before the City Council on any Zoning, Land Use or Final Decision Item Attention Applicants:  Items approved by the City Council are subject to the Mayor’s approval or veto. The Mayor may withhold his signature or veto the item. If the Mayor’s signature is withheld, the item is not effective until the next regularly scheduled meeting. If the Mayor vetoes the item, the item is rejected unless the Council overrides the veto at the next regular meeting. 7  REPORT: All were duly sworn in. PZ 1. Second reading and public hearing of proposed ordinance rezoning Lot 6 from R-1 (One Family District) to R-2 (One-And Two-Family Residential District); permit to allow a duplex on lot 6, a substandard lot, with width of 50 feet and area of 5,000 square feet, where 75 feet and 7,500 square feet are required; allow a 5.1 foot side setback, where 7.5 feet are required; allow 39.9% lot coverage, where 30% is the maximum allowed; and granting a variance permit to allow for an existing single family to remain on substandard lot 7, with a width of 50 feet and area of 5,000 square feet, where 75 feet and 7,500 square feet are required; all contra to Hialeah Code Of Ordinances §§ 98-499, 544, 546, and 98-2056(b)(2) Property located at 4811 east 9th lane, Hialeah. Zoned R-1 (One-Family District). APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. ORDINANCE NO. 2018-047. REPORT: Motion to Approve Item PZ1 made by Councilwoman Cue-Fuente and seconded by Councilman Hernandez. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Item was approved as amended by the City Council on May 8, 2018. Second reading and public hearing is scheduled for June 12, 2018. Item was approved as amended by the Planning and Zoning Board on March 14, 2018. Registered Lobbyist: Albert Gonzalez, 16400 NW 59 Avenue, Miami Lakes, Florida. Planner’s Recommendation: Denial. Owner of the Property: Cesar Fabal, 4811 East 9 Lane, Hialeah, FL 33013. PZ 2. Second reading and public hearing of proposed ordinance vacating and abandoning for public use all of the 12 foot alley lying in Block 8E (Plat Book 9-11), bounded on the East by the East line of said Block 8E and bounded on the West by the West line of lot 23 prolonged until it intersects with the West line of lot 11, located on the Eastern portion of the block bounded by East 9th Street to the South, East 5th Avenue to the East, East 10th Street to the North and East 4th Avenue to the West, Hialeah, Florida, and more particularly described in the legal description and location sketch attached hereto and made a part hereof as Exhibit “A”; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a 8  severability clause; and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. ORDINANCE NO. 2018-048. Item was approved on first reading by the City Council on May 22, 2018. Second reading and public hearing is scheduled for June 12, 2018. Item was approved by the Planning and Zoning Board on May 9, 2018. Planner’s Recommendation: Approval with Conditions. Owner of the Property: Neliber Garcia Gonzalez,04-3117-011-1300,Gonzalo Martin & W Aleida,04- 3117-011-1290, Isabel Fernandez,04-3117-011-1280, Silverio Reyes & Alina C Lopez, 04-3117-011- 1271, Torre Victoria, LLC, 04-3117-1310,04-3117-011-1320,04-3117-011-1330 and 04-3117-011- 1340. REPORT: Motion to Approve Item PZ2 made by Councilwoman Cue-Fuente and seconded by Councilwoman Lozano. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. PZ 3. Second reading and public hearing of proposed ordinance granting a conditional use permit (CUP) pursuant to Hialeah Code of Ordinances § 98-181 to allow the restaurant located within the artist live/work overlay (ALWOD) district to sell, offer for sale, deliver, and serve or permit the consumption of alcoholic beverages; property zoned M- 1 (Industrial District); Property located at 1000 East 16 Street, Hialeah, Florida; repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. ORDINANCE NO. 2018-049. Item was approved on first reading by the City Council on May 22, 2018. Second reading and public hearing is scheduled for June 12, 2018. Item was approved by the Planning and Zoning Board on May 9, 2018. Planner’s Recommendation: Approval. Registered Lobbyist: Valerie Haber, 333 SE 2 Avenue, Miami, FL. 33131 Owner of the Property: Kirk Lazarus, Manager- 1501 East 10th Avenue, Hialeah, FL 33010 9  REPORT: Matthew Kusher, 100 East 16th Street, addressed the City Council on this item. REPORT: Motion to Approve Item PZ3 made by Councilman Hernandez and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. PZ 4. Second reading and public hearing of proposed ordinance approving a final plat of Adis Subdivision; accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees; repealing all ordinance or parts of ordinance in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Property located at 491 East 11th Street, Hialeah, Florida. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. ORDINANCE NO. 2018-050. Item was approved on first reading by the City Council on May 22, 2018. Second reading and public hearing is scheduled for June 12, 2018. Item was approved by the Planning and Zoning Board on May 9, 2018. Planner’s Recommendation: Approval. Owner of the Property: Bernardino N. Rodriguez and Adis Rodriguez, 491 East 11th Street, Hialeah, Florida. REPORT: Motion to Approve Item PZ4 made by Councilman Zogby and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. PZ 5. Second reading and public hearing of proposed ordinance approving a final plat of Amelia Mixed Use Development; accepting all dedication of avenues, streets, roads or other public ways, together with all existing and future planting of trees; repealing all ordinance or parts of ordinance in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. Property located at 7755 West 4th Avenue (Red Road) Hialeah, Florida. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. ORDINANCE NO. 2018-051. Item was approved on first reading by the City Council on May 22, 2018. Second reading and public hearing is scheduled for June 12, 2018. Planner’s Recommendation: Approval. Item was approved by the Planning and Zoning Board on May 9, 2018. 10 Owner of the Property: Hialeah 7.65 LLC, 7755 West 4th Avenue, Hialeah, Florida 33014. REPORT: Motion to Approve Item PZ5 made by Councilman Zogby and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. PZ 6. First reading of proposed ordinance rezoning from R-1 (One- Family Residential District) to R-3-5 (Multiple Family District); and granting a variance permit to allow an interior south side setback of 7.4 feet, where 10 feet are required; allow a street side setback of 12.4 feet, where 15 feet are required; allow a pervious area of 22.5%, where 30% is required; allow 37 parking spaces, where 39 parking spaces are required; and allow 32.14% lot coverage, where 30% is required; all contra to §§ 98-590, 98- 2056(b)(1) and (b)(2), 98-2189(19)b. Property located at 4597 And 4599 Palm Avenue, Hialeah, Florida; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Item was approved by the Planning and Zoning Board on May 23, 2018. Planner’s Recommendation: Approval with Conditions. Registered Lobbyist: Manny Reus, Architect, 18501 Pines Blvd, #342, Pembroke Pines, FL 33029. Owner of the Property: Roberto C. Gonzalez, Revocable Trust, 14500 Lake Crescent Place, Miami Lakes, Florida. 33014. REPORT: Manny Reus, 18501 Pines Boulevard, Suite 342, addressed the City Council with renderings to the plans that were presented. REPORT: Motion to Approve Item PZ6 made by Councilman Hernandez, and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. PZ 7. First reading of proposed ordinance rezoning from R-1 (One Family Residential District) to R-3-5 (Multiple Family District); and granting a special use permit (SUP) pursuant to Hialeah Code Of Ordinances § 98-1630.8 to allow the expansion of the neighborhood business overlay district for the construction of a new 35-unit multifamily residential building; and granting a variance permit to allow only residential uses, where a vertical mix of uses is required; allow all residential units to have an area less than 850 square feet, where only 10% of the units may have a floor area of less than 850 square feet; allow front setback of 5 feet, where 10 feet are required; allow east and north side setbacks of 10 feet, where 15 feet are required; allow a pervious area of 16.8%, where 30% is required; and allow 40 parking spaces, where 79 parking spaces are required; all contra to §§ 98-1630.2, 98-1630.3(e)(1) and 98-1630.3(e)(2) 98-2056(b)(1) and 98-2189(19)b. Property located at 701 East 4th Avenue And 421 East 7th Street, Hialeah, Florida; repealing all ordinances or parts 11  of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Item was approved by the Planning and Zoning Board on May 23, 2018. Planner’s Recommendation: Approval subject to a submittal of a parking management plan and development schedule as proffered by applicant. Registered Lobbyist: Alejandro Vilarello, P.A., 16400 NW 59 Avenue, Miami Lakes, Florida. Owner of the Property: Babcock Apartments, LLC, 16400 NW 59 Avenue, Miami Lakes, Florida. 33134 REPORT: Anthony Escarra, Esq., 16400 NW 59th Avenue, addressed the City Council on this item. REPORT: Motion to Approve Item PZ7 made by Councilwoman Cue-Fuente and seconded by Councilwoman Lozano. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. PZ 8. First reading of proposed ordinance allowing for the replatting of lot 8 into two substandard lots: lot 1 with a frontage of approximately 60 feet, depth of 73.27 feet and an area of 4,396 square feet; and lot 2 with a frontage of 65 feet; depth of 60 feet; and an area of 3,900 feet; where a frontage for each lot is required of 75 feet; a depth of 100 feet is required; and an area of 7,500 square feet is required; and to permanently consolidate lot 2 with lot 10 on the east side of lot 2; all contra to Hialeah Code of Ordinances §§ 98-779, 98-781(1) and 98-2188(a)b.; Property located at 22 West 42 Street, Hialeah, Florida. Property zoned RO (residential office).Repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Item was approved by the Planning and Zoning Board on May 23, 2018. Planner’s Recommendation: Approval. Registered Lobbyist: Ceasar Mestre Jr. Esq., 7600 West 20 Avenue, #200, Hialeah, Florida. 33016. Owner of the Property: Roberto Correa, 22 West 24 Street, Hialeah, Florida. 33016. REPORT: Cesar Mestre, Esq., 7600 West 20th Avenue, addressed the City Council on this item. 12 REPORT: Motion to Approve Item PZ8 made by Councilwoman Cue-Fuente and seconded by Councilwoman Lozano. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. PZ 9. First reading of proposed ordinance granting a special use permit (SUP) to allow the expansion of the neighborhood business overlay district pursuant to Hialeah Code of Ordinances § 98-1630.8 to allow the development of a new 212-unit multifamily residential development; and granting a variance permit to allow 330 parking spaces, where 494 parking spaces are required; allow a front setback of 3.4 feet, where 10 feet are required for the balconies encroaching into the front setback of proposed building 11; and allow 26.5% pervious area, where 30% is required; contra to Hialeah code §§ 98-2056(b)(1), 98-2189(16)a., 98-1630.3(e)(1). Property zoned M-1 (Industrial District). Property located at 7755 West 4th Avenue, Hialeah, Florida. Repealing all ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Item was approved by the Planning and Zoning Board on May 23, 2018. Planner’s Recommendation: Approval subject to a submittal of a parking management plan and development schedule as proffered by applicant. Registered Lobbyist: Alejandro Vilarello, P.A., 16400 NW 59 Avenue, Miami Lakes, Florida Owner of the Property: Hialeah 7.65 LLC, 16400 NW 59 Avenue, Miami Lakes, Florida.33014. REPORT: Javier Vasquez, Esq., 16400 NW 59th Avenue, presented a short clip on the development to the City Council. REPORT: Motion to Approve Item PZ9 made by Councilwoman Cue-Fuente and seconded by Councilman Hernandez. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. PZ 10. First reading of proposed ordinance granting a special use permit (SUP) to allow the expansion of the neighborhood business district overlay pursuant to Hialeah Code Of Ordinances § 98-1630.8 to allow the development of a new 28-unit multifamily residential building; and granting a variance permit to allow 23 parking spaces, where 67 parking spaces are required; allow an area of 18,649 square feet, where 20,000 square feet is the minimum site area required; and allow all units to have less than 850 square feet, where only 10% of the units may have less than 850 square feet; contra to Hialeah code §§ 98-1630.8, 98-2189(16)a., and 98.1630.2. Property zoned C-2 (Liberal Retail Commercial District). Property located at 497 And 499 West 23 Street, Hialeah, Florida. Repealing all ordinances in conflict herewith; providing 13  penalties for violation hereof; providing for a severability clause; and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Item was approved by the Planning and Zoning Board on May 23, 2018. Planner’s Recommendation: Approval subject to a submittal of a parking management plan and development schedule as proffered by applicant. Owner of the Property: Sun Holdings, Inc., 8180 NW 36 Street, #100-J, Doral, Florida 33166. REPORT: Alejandro Arias, Esq, Holland & Knight, LLP, 701 Brickell Avenue, Miami, FL. 33131, addressed the City Council on behalf of the applicant. REPORT: Motion to Approve Item PZ10 made by Councilwoman Cue-Fuente and seconded by Councilman Hernandez. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. PZ 11. First reading of proposed ordinance amending Hialeah, Fla Ordinance 2018-008 (January 23, 2018) that granted a variance permit pertaining to pervious area location of a dumpster enclosure, and waived a portion of the City of Hialeah landscape manual requirements updated July 9, 2015 to provide for correction of the omission of the parking setback of 5 feet, where 55 feet is the minimum required; contra to Hialeah Code Of Ordinances §§98-641(g); Property located at 336 East 6th Street, Hialeah, Florida; property zoned R-3-D (Multifamily District). Providing penalties for violation hereof; providing for a severability clause; repealing all ordinances or parts of ordinances in conflict herewith; and providing for an effective date. (Item PZ 7, City Council Meeting of January 23, 2018.) (PLANNING AND ZONING.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. REPORT: Deborah Storch, Planning and Zoning Director, City of Hialeah, clarified item to the Council. REPORT: Motion to Approve Item PZ11 made by Councilman Zogby and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. PZ 12. First reading of proposed ordinance amending HIA., Fla. Ordinance 2018-046 (May 22, 2018) that granted a variance permit pursuant to Hialeah Code of Ordinance § 98- 2233 partially waiving the minimum landscape requirements to amend the number of viable trees, shrubs and landscaping acceptable to the City to be provided on the adjacent 30 acres of land and dedicated as a public park. Property located within the 14  Hialeah Heights annexation area bounded on the west by NW 107 Avenue, on the North by NW 170 Street, on the East by NW 97 Avenue, and on the South by NW 154 Street; repealing all ordinances or parts of ordinances in conflict herewith; providing penalties for violation hereof; providing for a severability clause; and providing for an effective date. (Item PZ 2, City Council Meeting of May 22, 2018.) (PLANNING AND ZONING.) APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. REPORT: Motion to Approve Item PZ12 made by Councilman Hernandez and seconded by Councilwoman Cue-Fuente. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. Second reading and public hearing is scheduled for June 26, 2018. FINAL DECISION FD 1. Proposed resolution approving the final decision of the Planning and Zoning Board, decision No. 2018-05 to allow an adjustment on the property located at 960 West 51 Place, Hialeah, Florida; Zoning R-1 (One-Family District) and providing for an effective date. APPROVED 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. RESOLUTION NO. 2018-053 Item was approved by the Planning and Zoning Board on May 9, 2018. Planner’s Recommendation: Approval. Owner of the Property: Santiago Paulino & Jacqueline Soto, 960 West 51 Place, Hialeah, FL 33012. REPORT: Motion to Approve Item FD1 made by Councilwoman Cue-Fuente and seconded by Councilman Hernandez. Motion passed 5-0-2 with Councilmembers Caragol and Garcia-Martinez absent. NEXT CITY COUNCIL MEETING: Tuesday, June 26, 2018 at 7:00 p.m. NEXT CHARTER SCHOOL OVERSIGHT COMMITTEE MEETING: Tuesday, August 28, 2018 at 6:30 p.m. Anyone wishing to obtain a copy of an agenda item should contact the Office of the City Clerk at (305) 883-5820 or visit at 501 Palm Avenue, 3rd Floor, Hialeah, Florida, between the hours of 8:30 a.m. and 5:00 p.m. Persons wishing to appeal any decision made by the City Council, with respect to any matter considered at the meeting, will need a record of the proceedings and, for such 15 purposes, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. An ordinance or resolution shall become effective when passed by the City Council and signed by the Mayor or at the next regularly scheduled City Council meeting, if the Mayor’s signature is withheld or if the City Council overrides the Mayor’s veto. If the Mayor’s veto is sustained, the affected ordinance or resolution does not become law and is deemed null and void. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 883-5820 for assistance no later than seven (7) days prior to the proceeding; if hearing impaired you may telephone the Florida Relay Service at (800) 955-8771 (TDD), (877) 955- 8773 (Spanish) or (800) 955-8770 (Voice). 16